Federal Register - July 9, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
PART 204ADMINISTRATION AND
INFORMATION MATTERS
2. Add subpart 204.17, consisting of 204.1700, 204.1701, 204.1703, and 204.1705, to read as follows:
SUBPART 204.17SERVICE CONTRACTS
INVENTORY
Sec.
204.1700 Scope of subpart.
204.1701 Definitions.
204.1703 Reporting Requirements.
204.1705 Contract clauses.
SUBPART 204.17SERVICE
CONTRACTS INVENTORY
204.1700
Scope of subpart.
This subpart prescribes the requirement to report certain contracted services in accordance with 10 U.S.C.
2330a.
204.1701
Definitions.
As used in this subpart First-tier subcontract means a subcontract awarded directly by the contractor for the purpose of acquiring services for performance of a prime contract. It does not include the contractors supplier agreements with vendors, such as long-term arrangements for materials or supplies or services that benefit multiple contracts and/or the costs of which are normally applied to a contractors general and administrative expenses or indirect costs.
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204.1703
Reporting requirements.
a Thresholds. Service contractor reporting of information is required in the System for Award Management SAM when a contract or order i Has a total estimated value, including options, that exceeds $3
million; and ii Is for services in the following service acquisition portfolio groups see PGI 204.1703 for a list of applicable product and service codes:
A Logistics management services.
B Equipment-related services.
C Knowledge-based services.
D Electronics and communications services.
b Agency reporting responsibilities.
In the event the agency believes that revisions to the contractor-reported information are warranted, the agency shall notify the contractor.
S70 Contractor reporting. 1 The basic and the alternate of the clause at 252.2047023, Reporting Requirements for Contracted Services, require contractors to report annually, by October 31, on the services performed under the contract or order, including any first-tier subcontracts, during the preceding Government fiscal year.
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2 For indefinite-delivery contracts, basic ordering agreements, and blanket purchase agreements i Contractor reporting is required for each order issued under the contract or agreement that meets the requirements of paragraph a of this section; and ii Service contract reporting is not required for the basic contract or agreement.
204.1705
Contract clauses.
ai Use the basic or the alternate of the clause 252.2047023, Reporting Requirements for Contracted Services, in solicitations, contracts, agreements, and orders, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that A Have a total estimated value, including options, that exceeds $3
million; and B Are for services in the following service acquisition portfolio groups:
1 Logistics management services.
2 Equipment-related services.
3 Knowledge-based services.
4 Electronics and communications services.
ii Use the basic clause in solicitations and contracts, except solicitations and resultant awards of indefinite-delivery contracts, and orders placed under non-DoD contracts that meet the criteria in paragraph ai of this section.
iii Use the alternate I clause in solicitations and resultant awards of indefinite-delivery contracts, basic ordering agreements, and blanket purchase agreements, when one or more of the orders under the contract or agreement are expected to meet the criteria in paragraph ai of this section.
PART 212ACQUISITION OF
COMMERCIAL ITEMS
3. Amend section 212.301 by adding paragraph fiiN to read as follows:
212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.
f
ii
N Use the clause at 252.2047023, Reporting Requirements for Contracted Services, to comply with 10 U.S.C.
2330a.
1 Use the basic clause as prescribed in 204.1705ai and ii.
2 Use the alternate I clause as prescribed in 204.1705ai and iii.
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Part 252Solicitation Provisions and Contract Clauses 4. Add section 252.2047023 to read as follows:
252.2047023 Reporting Requirements for Contracted Services.
Basic. As prescribed in 204.1705ai and ii, use the following clause:
Reporting Requirements for Contracted ServicesBasic Jul 2021
a Definition. As used in this clause First-tier subcontract means a subcontract awarded directly by the contractor for the purpose of acquiring services for performance of a prime contract. It does not include the contractors supplier agreements with vendors, such as long-term arrangements for materials or supplies or services that benefit multiple contracts and/
or the costs of which are normally applied to a contractors general and administrative expenses or indirect costs.
b The Contractor shall report annually, by October 31, at https www.sam.gov, on the services performed under this contract or order, including any first-tier subcontracts, during the preceding Government fiscal year October 1September 30.
c The Contractor shall report the following information for the contract or order:
1 The total dollar amount invoiced for services performed during the preceding Government fiscal year under the contract or order.
2 The number of Contractor direct labor hours, to include first-tier subcontractor direct labor hours, as applicable, expended on the services performed under the contract or order during the previous Government fiscal year.
d The Government will review the Contractors reported information for reasonableness and consistency with available contract information. In the event the Government believes that revisions to the Contractors reported information are warranted, the Government will notify the Contractor. Upon notification, the Contractor shall revise the reported information or provide the Government with a supporting rationale for the information.
End of clause Alternate I. As prescribed in 204.1705
ai and iii, use the following clause, which substitutes contract or agreement for each order in lieu of contract or order in paragraph b and order in lieu of contract or order in paragraphs c and c1 and 2, and identifies the dollar threshold and service acquisition portfolio groups for which orders under the contract or agreement require service contract reporting.
Reporting Requirements for Contracted ServicesAlternate I Jul 2021
a Definition. As used in this clause
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