SUBCHAPTER G--CONTRACT MANAGEMENT

PART 442--CONTRACT ADMINISTRATION

TABLE OF CONTENTS

SUBPART 442.1--INTERAGENCY CONTRACT ADMINISTRATION AND AUDIT SERVICES

Sec.
442.102 Procedures.

SUBPART 442.15--CONTRACTOR PERFORMANCE INFORMATION

442.1502 Policy.

Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).

 

PART 442 CONTRACT ADMINISTRATION

SUBPART 442.1--INTERAGENCY CONTRACT ADMINISTRATION AND AUDIT SERVICES

442.102 Procedures.

(a) The Office of Inspector General (OIG), Audit Division, has established a cross-servicing arrangement with the Defense Contract Audit Agency (DCAA) to provide contract audit services required by the FAR.

(b) All contract audit services required by contracting officers, except those which can be accomplished in-house, shall be coordinated through the cognizant OIG Regional Inspector General--Auditing (RIG-A). Cognizance is determined on the basis of the contractor's location. There is no charge for DCAA audit services coordinated through OIG.

(c) In order to ensure compliance with this requirement and to evaluate the results of audits, contracting officers shall forward to the RIG-A copies of all price negotiation memoranda prepared for contracts and contract modifications in excess of $500,000.

SUBPART 442.15--CONTRACTOR PERFORMANCE INFORMATION

442.1502 Policy.

The head of the contracting activity shall be responsible for establishing pastperformance evaluation procedures and systems as required by FAR 42.1502 and 42.1503.

 

PART 445--GOVERNMENT PROPERTY

TABLE OF CONTENTS

SUBPART 445.3--PROVIDING GOVERNMENT PROPERTY TO CONTRACTORS

445.302 Providing facilities.
445.302-1 Policy.

SUBPART 445.4--CONTRACTOR USE AND RENTAL OF GOVERNMENT PROPERTY

445.403 Rental--Use and Charges clause.
445.407 Non-Government use of plant equipment.

SUBPART 445.6--REPORTING, REDISTRIBUTION AND DISPOSAL OF CONTRACTOR INVENTORY

445.608 Screening of contracting inventory.
445.608-6 Waiver of screening requirements.

Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).

 

PART 445 GOVERNMENT PROPERTY

SUBPART 445.3--PROVIDING GOVERNMENT PROPERTY TO CONTRACTORS

445.302 Providing facilities.

445.302-1 Policy.

Heads of contracting activities (HCA's) are authorized to make determinations for providing facilities to a contractor as prescribed in FAR 45.302-1(a)(4).

SUBPART 445.4--CONTRACTOR USE AND RENTAL OF GOVERNMENT PROPERTY

445.403 Rental--Use and Charges clause.

HCA's are authorized to make determinations for charging rent on the basis of use under the Use and Charges clause in FAR 52.245-9 as prescribed in FAR 45.403(a).

445.407 Non-Government use of plant equipment.

Requests for non-Government use of plant equipment as prescribed in FAR 45.407 shall be submitted by the HCA to the Senior Procurement Executive (SPE) for approval.

SUBPART 445.6--REPORTING, REDISTRIBUTION AND DISPOSAL OF CONTRACTOR INVENTORY

445.608 Screening of contractor inventory.

445.608-6 Waiver of screening requirements.

Requests to waive screening requirements as prescribed in FAR 45.608-6 shall be submitted by the HCA to the SPE for approval.

 

PART 446--QUALITY ASSURANCE

TABLE OF CONTENTS

SUBPART 446.3--CONTRACT CLAUSES

Sec.
446.370 Inspection and acceptance.

Authority: 5 U.S.C. 30 and 40 U.S.C. 486(c).

 

PART 446 QUALITY ASSURANCE

SUBPART 446.3--CONTRACT CLAUSES

446.370 Inspection and acceptance.

The Contracting Officer shall insert the clause at 452.246-70, Inspection and Acceptance, in contracts where inspection and acceptance will be performed at the same location. The clause with its Alternate I is for use when inspection and acceptance will be performed at different locations.

 

PART 447--TRANSPORTATION

TABLE OF CONTENTS

SUBPART 447.3--TRANSPORTATION IN SUPPLY CONTRACTS

Sec.
447.302 Place of delivery--F.O.B. point.
447.305 Solicitation provisions, contract clauses, and transportation factors.
447.305-10 Packing, marking, and consignment instructions.

Authority: 5 U.S.C. 30 and 40 U.S.C. 486(c).

 

PART 447 TRANSPORTATION

SUBPART 447.3--TRANSPORTATION IN SUPPLY CONTRACTS

447.302 Place of delivery-F.O.B. point.

The contracting officer shall insert a clause substantially the same as the clause at 452.247-70, Delivery Location, in supply contracts when it is necessary to specify delivery locations. If appropriate, the clause may reference an attachment which lists various delivery locations and other delivery details (e.g., quantities to be delivered to each location, etc).

447.305 Solicitation provisions, contract clauses, and transportation factors.

447.305-10 Packing, marking, and consignment instructions.

(a) The contracting officer shall insert a clause substantially the same as the clause at 452.247-71, Marking Deliverables, in solicitations and contracts if special marking on deliverables (other than reports) are required.

(b) The contracting officer shall insert the clause at 452.247-72, Packing for Domestic Shipment, in contracts when item(s) will be delivered for immediate use to a destination in the continental United States; when thematerial specification or purchase description does not provide preservation, packaging, packing, and/or marking requirements; and/or when the requiring activity has not cited a specific specification for packaging.

(c) The contracting officer shall insert the clause at 452.247-73, Packing for Overseas Shipment, in contracts when item(s) will be delivered to an overseas destination for immediate use, the material specification does not specify packing levels, and the required activity has not specified such requirements.

 

PART 449--TERMINATION OF CONTRACTS

TABLE OF CONTENTS

SUBPART 449.1--GENERAL PRINCIPLES

Sec.
449.106 Fraud or other criminal conduct.
449.111 Review of proposed settlements.

SUBPART 449.4--TERMINATION FOR DEFAULT

449.402 Termination of fixed-price contracts for default.
449.402-3 Procedure for default.

SUBPART 449.5--CONTRACT TERMINATION CLAUSES

449.501 General.

Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).

 

PART 449 TERMINATION OF CONTRACTS

SUBPART 449.1--GENERAL PRINCIPLES

449.106 Fraud or other criminal conduct.

(a) If the contracting officer suspects fraud or other criminal conduct a written report documenting the facts shall be submitted by the head of the contracting activity (HCA) to the Office of Inspector General. Copies of documents or other information connected with the suspected fraud or criminal conduct shall be provided with the report. Concurrently, a copy of the report shall also be submitted to the Senior Procurement Executive.

(b) Depending on the findings of the Office of Inspector General, the HCA may initiate suspension or debarment action as prescribed in FAR part 9.4 and part 409.4.

449.111 Review of proposed settlements.

Proposed settlement agreements shall be reviewed and approved in accordance with contracting activity procedures.

SUBPART 449.4--TERMINATION FOR DEFAULT

449.402 Termination of fixed-price contracts for default.

449.402-3 Procedure for default.

In addition to the requirements of FAR 49.402-3(g), the notice of termination shall contain instructions regarding the disposition of any Government property in the possession of the contractor (see FAR 45.508-1) and, in the case of construction contracts, such materials, appliances, and structures as may be on the site of the construction work. The notice shall also contain a statement concerning the liability of the contractor or its surety for any liquidated damages (see FAR 49.402-7).

SUBPART 449.5--CONTRACT TERMINATION CLAUSES

449.501 General.

Use of special purpose termination clauses pursuant to the authority of FAR 49.501 shall be approved in advance by the HCA.

 

PART 450--EXTRAORDINARY CONTRACTUAL ACTIONS

TABLE OF CONTENTS

Sec.
450.001 Definitions.

SUBPART 450.1--GENERAL

450.104 Reports.

SUBPART 450.2--DELEGATION OF AND LIMITATIONS ON EXERCISE OF AUTHORITY

450.201 Delegation of authority.

SUBPART 450.3--CONTRACT ADJUSTMENTS

450.303 Contract adjustment.
450.303-1 Contractor Requests.

Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).

 

PART 450 EXTRAORDINARY CONTRACTUAL ACTIONS

450.001 Definitions.

"Approving authority," as used in this part, means the Assistant Secretary for Administration.

"Secretarial level," as used in this part means the Assistant Secretary for Administration.

SUBPART 450.1--GENERAL

450.104 Reports.

The Senior Procurement Executive shall prepare the report required by FAR 50.104.

SUBPART 450.2--DELEGATION OF AND LIMITATIONS ON EXERCISE OF AUTHORITY

450.201 Delegation of authority.

The Assistant Secretary for Administration is authorized to approve all actions under FAR Part 50 except indemnification actions listed in FAR 50.201(d) which must be approved by the Secretary, without power of delegation.

SUBPART 450.3--CONTRACT ADJUSTMENTS

450.303 Contract adjustment.

450.303-1 Contractor requests.

Contractor requests shall be submitted to the contracting officer.