r prospects of saving the U.S. time money in the R&D and production

a.

1) Projects that enable the United tes to assist and/or accommodate a eign second party to accomplish joint O

objectives without jeopardizing . aspirations to promote future U.S. es to third countries.

58.5 Procedures.

Procedures for accomplishing and adistering the cooperative programs and jects will be integrated into DoD nagement systems so that decisions cerning national and international grams will be made by the same ividuals.

58.6 Responsibilities and authorities. a) The Military Departments are arged with the primary responsibility implementing this part.

b) The Director of Defense Research d Engineering will be responsible for nitoring the implementation of this rt. He will:

1) Negotiate basic policy agreements th foreign Ministries of Defense as propriate.

(2) Consult with the Joint Chiefs of aff on the interaction of research and velopment and strategic doctrines. (3) Seek formal statements of military erational requirements from the Miliry Departments or the JCS, as approiate, for research and development ojects and equipment areas which reire such statements.

(4) Recommend to the Secretary of efense policy guidance and appropriate structions for the Military Departents to assure consistency of their acons and conformity with National ›licy.

(5) Continually review progress made wards the objectives of this part.

(6) Request policy guidance and sup›rt from Assistance Secretaries of Dense (ISA) (I&L) (Comp), and the Genal Counsel on matters within their spective fields of responsibility.

(c) The Defense Advisor U.S. Mission the North Atlantic Treaty Organizaon will assist the Director of Defense esearch and Engineering, as directed, supervising the implementation of this

art.

(d) Military Assistance Advisory roups and Missions will provide advice nd assistance to the Military Departents as requested and within the limits

It is the purpose of the RandolphSheppard Vending Stand Act to provide blind persons with remunerative employment so as to stimulate efforts by them to make themselves self-supporting. To achieve this purpose, the head of each department or agency of the Government is required after consultation with the Secretary of Health, Education, and Welfare and with the approval of the President to prescribe regulations which would assure preference to certain licensed blind persons to operate vending stands on Federal property, subject to the qualifications prescribed by that Act.

(b) Procurement. (1) Contractors are responsible for (1) controlling product quality, (ii) offering to the Government for acceptance only materiel, data, supplies, and services that conform to contract requirements, and (iii) when required, maintaining and furnishing substantiating evidence of this conformance.

(2) DOD Components in accordance with assigned responsibilities shall:

(i) Assure that contracts specify appropriate quality requirements; and that contractors comply with quality requirements;

(ii) Comply with DOD 4105.59-H' in assigning responsibilities for quality assurance administration of contracts.

(3) Government procurement quality assurance actions performed at the subcontract level are performed solely to assist contract administration offices in accomplishing their responsibilities. Such actions shall not relieve the contractor of any of his responsibilities under the contract and shall not establish any contractual relationship between the Government and the subcontractors.

(4) Contractor quality history data shall be maintained and used as applicable by DOD Components.

(5) The quality assurance policy contained in paragraph (b) of this section shall be implemented by Armed Services Procurement Regulation (ASPR) (Parts 1-30 of this title).

(c) Development. (1) Quality assurance shall be provided for early in design and development. The development function shall include assessment of the quality requirements in relation to cost, schedule and performance parameters.

(2) Prior to completion of development all specifications, standards, inspections, tests, and evaluations required to insure against degradation of performance during the production process shall be identified or developed.

(3) Calibration requirements for newly developed materiel which necessitates technical advances in the development of measuring and test equipment, measuring standards, or state-of-the-art techniques, shall be identified and programed early in development.

(d) In-house activities-(1) Supply and storage. DOD components responsible for receiving, storing, and issuing supplies will develop and implement

2 See footnote on p. 571.

quality assurance, including inspection (for both new and returned materiels) for identification, condition, completeness, preservation, packaging, and marking. Materiel in storage will be inspected on a planned, cyclic, surveillance basis in accordance with the needs of the commodities managed and standards prescribed by the materiel managers. Testing will be performed by Government laboratories to the optimum extent with arrangements made for commercial testing only as necessary.

(2) Maintenance. DOD components are responsible for providing quality assurance monitoring of in-house maintenance functions at all maintenance levels. Conversion, modification, overhaul, repair, and alteration of materiel shall be subjected to quality assurance to insure conformance to requirements.

(3) Operations. DOD Components are responsible for maintaining the quality of performance and readiness of equipment in their possession. This responsibility includes organizing, training, equipping, and providing such quality assurance services as are necessary to assure materiel readiness.

(4) Manufacturing. DOD Components operating manufacturing activities will assure that management action is taken to plan and develop effective and economical quality assurance for material produced. Quality assurance shall extend throughout design, development, fabrication, processing, assembly, installation, packaging, packing, and shipping. The quality assurance shall be compatible with the engineering and tooling needs of production and the related design.

(e) Cross servicing and foreign support-(1) Interservice. Part 190 of this subchapter requires that DOD Contract Administration Services Components support without charge all DOD organizations in quality assurance and related functional areas.

(2) Foreign and non-DOD organizations. Agreements for the acquisition of supplies and services entered into by the DOD Components with Foreign Governments and International Organizations shall provide for quality assurance in consonance with the policies stated herein. Regulations and procedures concerning quality assurance support provided to, or obtained from, non-DOD organizations, foreign governments, and international organizations, are con

§ 257.3

Service of process defined.

When applied to the filing of a court against an officer or agency of the United States, this term signifies the delivery by a U.S. marshal of a summons and complaint, by serving the United States and by delivering a copy of the summons and complaint to such officer or agency. It further signifies the delivery of a subpoena requiring a witness to appear and give testimony, or a subpoena requiring production of documents, or for any other reason whether or not the matter involves the United States.

§ 257.4 Designation.

The following officers have been designated to receive service of process on behalf of the Secretaries specified in $257.1.

(a) Office of the Secretary of Defense: General Counsel, DOD

(b) Department of the Army: Assistant Judge Advocate General for Civil Law

(c) Department of the Navy: Director, Litigation Division, Navy, Judge Advocate General.

(d) Department of the Air Force: Director of Civil Law, Air Force Judge Advocate General

§ 257.5 Receipt of Service of Summons and Complaint by the U.S. Marshal for the District Court of the District of Columbia.

(a) The respective Secretaries have agreed that in litigation before the U.S. District Court for the District of Columbia, service of a summons and complaint upon the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, may be accomplished by the U.S. Marshal for the District Court of the District of Columbia by serving the Director of Civil Law, Office of the Judge Advocate General, U.S. Air Force, Room 7B248, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20024.

(b) Acceptance of process is not to be deemed to constitute an admission or waiver with respect to the jurisdiction or to propriety of service.

(c) Upon receipt of a summons and complaint on behalf of the Secretary concerned, Director of Civil Law, Office of the Judge Advocate General, U.S. Air Force, shall forward such documents for necessary action to the respective Secretaries' representatives designated in

§ 257.4, except documents involving the Air Force over which he has assigned responsibility.

(a) The United States will cooperate with is Allies to the greatest degree possible in the development of defense equipment, where such cooperation is in the overall best interests of the United States. The objectives of such cooperation will be:

(1) To make the best equipment available to the United States and its Allies in the most timely manner.

(2) To increase the effectiveness of the scientific and technical resources of the United States and its Allies, especially by eliminating unnecessary and wasteful duplication of effort.

(3) To achieve the maximum practicable degree of standardization of equipment.

(4) To create closer military ties among the Alliance.

(b) The United States will seek to enter in bilateral and multilateral agreements with its allies that will minimize waste resulting from purely duplicative R&D programs and, within the criteria stated in § 258.4, encourage the establishment of a mutually acceptable free, fully competitive market for defense R&D. To this effect, the DoD will:

(1) Continue to encourage the mutual development of technical capabilities, in

1 Copies available from Naval Supply Depot, 5801 Tabor Avenue, Philadelphia, Pa. 19120; Attn.: Code 300.

particular through exchanges of significant information.

(2) Coordinate exploratory, advanced and engineering development plans to minimize wasteful duplication.

(3) Participate in joint development programs for major systems meeting harmonized requirements, whenever such programs meet the objectives and criteria listed in this part.

(4) Consistent with OSD guidance, consider promising foreign as well as U.S. R&D resources prior to placing research and development contracts.

(5) Facilitate availability of U.S. R&D resources to foreign procurement agencies, on terms similar to those governing availability of these resources to U.S. agencies.

(c) Necessary release of classified information will be in accordance with the provisions of the National Disclosure Policies.

(a) The general criteria for such cooperation will be:

(1) Except for MAP "grant-aid countries," no appropriations available to the DoD will be used to finance the foreign research and development effort unless the program is aimed at satisfying a United States military need.

(2) Except for MAP "grant-aid countries," cooperative R&D programs will be funded by Service RDT&E funds.

(3) U.S. participation in jointly funded development programs will not be approved unless the United States receives design and production rights equivalent to those secured from domestic sources.

(b) International balance-of-payments considerations have resulted in the establishment of certain specific restrictions pertinent to DoD overseas activities, including those relating to foreign R&D. The screening and selection of proposed R&D projects must be consistent with these restrictions. In this connection, preference should be given to the following types of joint R&D undertakings:

(1) Projects that provide for the investment of foreign funds in U.S. R&D activities under mutually acceptable terms and conditions.

(2) Projects that offer the U.S. good prospects for the ultimate sale of the end item or associated components to second and third foreign parties.

(3) Projects that capitalize on the unique technical state-of-the-art capabilities existing in a foreign country and

offer prospects of saving the U.S. time and money in the R&D and production field.

(4) Projects that enable the United States to assist and/or accommodate a foreign second party to accomplish joint R&D objectives without jeopardizing U.S. aspirations to promote future U.S. sales to third countries.

§ 258.5 Procedures.

Procedures for accomplishing and administering the cooperative programs and projects will be integrated into DoD management systems so that decisions concerning national and international programs will be made by the same individuals.

are

§ 258.6 Responsibilities and authorities. (a) The Military Departments charged with the primary responsibility for implementing this part.

(b) The Director of Defense Research and Engineering will be responsible for monitoring the implementation of this part. He will:

(1) Negotiate basic policy agreements with foreign Ministries of Defense as appropriate.

(2) Consult with the Joint Chiefs of Staff on the interaction of research and development and strategic doctrines.

(3) Seek formal statements of military operational requirements from the Military Departments or the JCS, as appropriate, for research and development projects and equipment areas which require such statements.

(4) Recommend to the Secretary of Defense policy guidance and appropriate instructions for the Military Departments to assure consistency of their actions and conformity with National Policy.

(5) Continually review progress made towards the objectives of this part.

(6) Request policy guidance and support from Assistance Secretaries of Defense (ISA) (I&L) (Comp), and the General Counsel on matters within their respective fields of responsibility.

(c) The Defense Advisor U.S. Mission to the North Atlantic Treaty Organization will assist the Director of Defense Research and Engineering, as directed, in supervising the implementation of this part.

(d) Military Assistance Advisory Groups and Missions will provide advice and assistance to the Military Departments as requested and within the limits

It is the purpose of the RandolphSheppard Vending Stand Act to provide blind persons with remunerative employment so as to stimulate efforts by them to make themselves self-supporting. To achieve this purpose, the head of each department or agency of the Government is required after consultation with the Secretary of Health, Education, and Welfare and with the approval of the President to prescribe regulations which would assure preference to certain licensed blind persons to operate vending stands on Federal property, subject to the qualifications prescribed by that Act.

$260.3 Definitions.

The following definitions are applicable:

(a) "Federal property" means any building, land, or other real property owned, leased, or occupied by any department or agency of the United States or any instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any Territory or possession of the United States.

(b) "Installation" means land and improvements thereon, under the con