209.270-3 Policy. (a) The head of the contracting activity responsible for procuring an aviation critical safety item may enter into a contract for the procurement, modification, repair, or overhaul of such an item only with a source approved by the head of the design control activity. (b) The approval authorities specified in this section apply instead of those otherwise specified in FAR 9.202(a)(1), 9.202(c), or 9.206-1(c), for the procurement, modification, repair, and overhaul of aviation critical safety items. [69 FR 55988, Sept. 17, 2004, as amended at 70 FR 57190, Sept. 30, 2005] (a) The head of the design control activity shall— (1) Identify items that meet the criteria for designation as aviation critical safety items. See additional information at PGI 209.270-4; (2) Approve qualification requirements in accordance with procedures established by the design control activity; and (3) Qualify and identify aviation critical safety item suppliers and products. (b) The contracting officer shall (1) Ensure that the head of the design control activity has determined that a prospective contractor or its product meets or can meet the established qualification standards before the date specified for award of the contract; (2) Refer any offers received from an unapproved source to the head of the design control activity for approval. The head of the design control activity will determine whether the offeror or its product meets or can meet the established qualification standards before the date specified for award of the contract; and (3) Refer any requests for qualification to the design control activity. (c) See 246.407 (S-70) and 246.504 for quality assurance requirements. [69 FR 55988, Sept. 17, 2004, as amended at 70 FR 57190, Sept. 30, 2005] Subpart 209.3 [Reserved] Subpart 209.4-Debarment, Suspension, and Ineligibility 209.402 Policy. (d) The uniform suspension and debarment procedures to be followed by all debarring and suspending officials are set out in appendix H to this chapter. (e) The department or agency shall provide a copy of the Debarment and Suspension Procedures at DFARS appendix H to this chapter to contractors at the time of their suspension or when they are proposed for debarment, and upon request to other interested parties. [59 FR 27668, May 27, 1994] 209.403 Definitions. Debarring and suspending official. (1) For DoD, the designees are Army-Commander, U.S. Army Legal Services Agency Navy-The General Counsel of the Department of the Navy Air Force-Deputy General Counsel (Contractor Responsibility) Defense Advanced Research Projects Agency-The Director Defense Information Systems Agency-The Defense Logistics Agency-The Special As- Defense Threat Reduction Agency-The Director National Security Agency-The Senior Acquisition Executive Missile Defense Agency-The General Counsel Overseas installations-as designated by the agency head (2) Overseas debarring and suspending officials (i) Are authorized to debar or suspend contractors located within the official's geographic area of responsibility under any delegation of authority they receive from their agency head. (ii) Debar or suspend in accordance with the procedures in FAR subpart 9.4 or under modified procedures approved by the agency head based on consideration of the laws or customs of the foreign countries concerned. (iii) In addition to the bases for debarment in FAR 9.406-2, may consider the following additional bases (A) The foreign country concerned determines that a contractor has engaged in bid-rigging, price-fixing, or other anti-competitive behavior; or (B) The foreign country concerned declares the contractor to be formally debarred, suspended, or otherwise ineligible to contract with that foreign government or its instrumentalities. (3) The Defense Logistics Agency Special Assistant for Contracting Integrity is the exclusive representative of the Secretary of Defense to suspend and debar contractors from the purchase of Federal personal property under the Federal Property Management Regulations (41 CFR 101-45.6) and the Defense Materiel Disposition Manual (DoD 4160.21-M). [56 FR 36313, July 31, 1991, as amended at 56 FR 67212, Dec. 30, 1991; 59 FR 27669, May 27, 1994; 60 FR 61593, Nov. 30, 1995; 61 FR 50452, Sept. 26, 1996; 63 FR 11528, Mar. 9, 1998; 64 FR 51075, Sept. 21, 1999; 64 FR 62985, Nov. 18, 1999; 68 FR 7439, Feb. 14, 2003; 70 FR 14573, Mar. 23, 2005] 209.405 Effect of listing. (a) Under 10 U.S.C. 2393(b), when a department or agency determines that a compelling reason exists for it to conduct business with a contractor that is debarred or suspended from procurement programs, it must provide written notice of the determination to the General Services Administration, Office of Acquisition Policy. Examples of compelling Reasons are (i) Only a debarred or suspended contractor can provide the supplies or services; (ii) Urgency requires contracting with a debarred or suspended contractor; (iii) The contractor and a department or agency have an agreement covering the same events that resulted in the debarment or suspension and the agreement includes the department or agency decision not to debar or suspend the contractor; or (iv) The national defense requires continued business dealings with the debarred or suspended contractor. (b)(i) The Procurement Cause and Treatment Code "H" annotation in the GSA List of Parties Excluded from Federal Procurement and Nonprocurement Programs identifies contractors that are declared ineligible for award of a contract or subcontract because of a violation of the Clean Air Act (42 U.S.C. 7606) or the Clean Water Act (33 U.S.C. 1368). (ii) Under the authority of 40 CFR 32.215(b), the agency head may grant an exception permitting award to a Code "H" ineligible contractor if it is in the paramount interest of the United States. (A) The agency head may delegate this exception authority to a level no lower than a general or flag officer or a member of the Senior Executive Service. (B) The official granting the exception must provide written notice to the Environmental Protection Agency debarring official. [65 FR 52955, Aug. 31, 2000] 209.405-1 Continuation of current contracts. (b) Unless the agency head makes a written determination that a compelling reason exists to do so, ordering activities shall not (i) Place orders exceeding the guaranteed minimum under indefinite quantity contracts: or (ii) When the agency is an optional user, place orders against Federal Supply Schedule contracts. (c) This includes exercise of options. [60 FR 29497, June 5, 1995, as amended at 60 FR 61593, Nov. 30, 1995] 209.405-2 Restrictions on subcontracting. (a) The contracting officer shall not consent to any subcontract with a firm, or a subsidiary of a firm, that is identified by the Secretary of Defense as being owned or controlled by the government of a terrorist country unless the agency head states in writing the compelling reasons for the subcontract. [63 FR 14837, Mar. 27, 1998] to enter into a written agreement which includes (A) A requirement for the contractor to establish, if not already established, and to maintain the standards of conduct and internal control systems prescribed by subpart 203.70; and (B) Other requirements the debarring official considers appropriate. (ii) Before the debarring official decides not to suspend or debar in the case of an indictment or conviction for a felony, the debarring official must determine that the contractor has addressed adequately the circumstances that gave rise to the misconduct, and that appropriate standards of ethics and integrity are in place and are working. [57 FR 14992, Apr. 23, 1992] 209.406-2 Causes for debarment. (a) Any person shall be considered for debarment if criminally convicted of intentionally affixing a label bearing a "Made in America" inscription to any product sold in or shipped to the United States or its outlying areas that was not made in the United States or its outlying areas (10 U.S.C. 2410f). (i) The debarring official will make a determination concerning debarment not later than 90 days after determining that a person has been so convicted. (ii) In cases where the debarring official decides not to debar, the debarring official will report that decision to the Director of Defense Procurement and Acquisition Policy who will notify Congress within 30 days after the decision is made. [58 FR 28464, May 13, 1993, as amended at 68 FR 7439, Feb. 14, 2003; 70 FR 35544, June 21, 2005] (a) Except as provided in paragraph (b) of this subsection, 10 U.S.C. 983 prohibits DoD from providing funds by contract or grant to an institution of higher education if the Secretary of Defense determines that the institution has a policy or practice that prohibits or in effect prevents (1) The Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps (ROTC) at that institution; (2) A student at that institution from enrolling in a unit of the senior ROTC at another institution of higher education; (3) The Secretary of a military department or the Secretary of Transportation from gaining entry to campuses, or access to students on campuses, for purposes of military recruiting; or (4) Military recruiters from accessing certain information pertaining to students enrolled at that institution. (b) The prohibition in paragraph (a) of this subsection does not apply to an institution of higher education if the Secretary of Defense determines that— (1) The institution has ceased the policy or practice described in paragraph (a) of this subsection; or (2) The institution has a long-standing policy of pacifism based on historical religious affiliation. [65 FR 2056, Jan. 13, 2000] If the Secretary of Defense determines that an institution of higher education is ineligible to receive DoD funds because of a policy or practice described in 209.470-2(a)— (a) The Secretary of Defense will list the institution on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs published by General Services Administration (also see FAR 9.404 and 32 CFR part 216); and (b) DoD components (1) Shall not solicit offers from, award contracts to, or consent to subcontracts with the institution; (2) Shall make no further payments under existing contracts with the institution; and (3) Shall terminate existing contracts with the institution. [65 FR 2057, Jan. 13, 2000, as amended at 67 FR 49254, July 30, 2002] 209.470-4 Contract clause. Use the clause at 252.209-7005, Reserve Officer Training Corps and Military Recruiting on Campus, in all solicitations and contracts with institutions of higher education. [65 FR 2057, Jan. 13, 2000] 209.471 Congressional Medal of Honor. In accordance with Section 8118 of Pub. L. 105-262, do not award a contract to, extend a contract with, or approve the award of a subcontract to any entity that, within the preceding 15 years, has been convicted under 18 U.S.C. 704 of the unlawful manufacture or sale of 211.002 Policy. All systems acquisition programs in the DoD are subject to the acquisition streamlining policies and procedures in DoDI 5000.2, Defense Acquisition Management Policies and Procedures. 211.002-70 Contract clause. Use the clause at 252.211-7000, Acquisition Streamlining, in all Subpart 211.1-Selecting and Developing Requirements Documents 211.105 Items peculiar to one manufacturer. Follow the publication requirements at PGI 211.105. [70 FR 23804, May 5, 2005] 211.107 Solicitation provision. (b) DoD uses the categorical method of reporting. Do not use the provision at FAR 52.211-7, Alternatives to Government-Unique Standards, in DoD solicitations. [65 FR 6553, Feb. 10, 2000] Subpart 211.2-Using and Maintaining Requirements Documents 211.201 Identification and availability of specifications. (a) The DoD index of data item descriptions is DoD 5010.12-L, Acquisition Management Systems and Data Requirements Control List (AMSDL). (b) Also, furnish data item descriptions that are not listed in the AMSDL, except when it is not feasible, e.g., documents are bulky or only a limited number of copies are available at the contracting activity. (d) The AMSDL, all unclassified specifications and standards listed in the DODISS, and data item descriptions listed in the AMSDL also may be obtained from the Department of Defense Single Stock Point (DoDSSP), Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094; telephone (215) 697-2179; http://assist.daps.dla.mil. Include with the request (i) The requester's customer number; and (c) When contract performance requires use of specifications and standards which are not listed in the DODISS and data item descriptions which are not listed in the AMSDL, use provisions, as appropriate, substantially the same as those at 252.211-7001, Availability of Specifications and Standards Not Listed in DODISS, Data Item Descriptions Not Listed in DoD 5010.12-L, and Plans, Drawings, and Other Pertinent Documents, and 252.211-7002, Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents. 211.270 [Reserved] 211.271 Elimination of use of class I ozone-depleting substances. (a) Contracts. No DoD contract may include a specification or standard that requires the use of a class I ozone-depleting substance or that can be met only through the use of such a substance unless the inclusion of the specification or standard is specifically authorized at a level no lower than a general or flag officer or member of the Senior Executive Service of the requiring activity in accordance with Section 326, Public Law 102-484 (10 U.S.C. 2301 (repealed) note). (b) Modifications. (1) Contracts awarded before June 1, 1993, with a value in excess of $10 million, that are modified or extended (including option exercise) and, as a result of the modification or extension will expire more than one year after the effective date of the modification or extension, must be evaluated in accordance with agency procedures for the elimination of ozone-depleting substances. (i) The evaluation must be carried out within 60 days after the first modification or extension. (ii) No further modification or extension may be made to the contract until the evaluation is complete. |