SUBPART
217.76--contracts with provisioning requirements
217.7600 Scope of subpart.
217.7601 Definitions.
217.7602 Contracting requirements.
217.7602-1 Contractual provisions.
217.7602-2 Issuance of
provisioned items orders.
217.7603 Contract
administration requirements.
217.7603-1 Provisioning
conferences.
217.7603-2 Contract
administration office monitoring.
217.7603-3 Negotiating and executing supplemental
agreements.
217.7600 Scope of subpart.
This subpart contains
contract requirements and procedures for items to be provisioned. For technical requirements of provisioning,
see DoDD 4140.40, Provisioning of End Items of Material. For breakout requirements, see Appendix E.
217.7601 Definitions.
As used in this subpart,
(a) “Provisioning”
means the process of determining and acquiring the range and quantity of spare
and repair parts, and support and test equipment required to operate and
maintain an end item for an initial period of service.
(b) “Provisioned item”
means any item selected under provisioning procedures.
(c) “Provisioned items
order” (PIO) means an undefinitized order issued under a contract which
includes the Government's requirements for provisioned items. (Provisioned items with firm prices are
acquired by supplemental agreement or by separate contract.)
(d) “Provisioning
activity” means the organization responsible for selecting and determining
requirements for provisioned items.
(e) “Provisioning
requirements statement” means the contractual document listing the specific
provisioning requirements for that contract.
The statement normally includes:
(1) Instructions, such as the provisioning
method to be used;
(2) The extent of provisioning technical
documentation and data needed (including administrative requirements for
submission and distribution);
(3) The type and location of provisioning
conferences;
(4) Sample article requirements;
(5) The delivery schedule;
(6) Packaging and marking requirements for
provisioned items; and
(7) Requirements for provisioning screening.
(f) “Provisioning technical documentation” means the data needed for the identification, selection, determination of initial requirements, and cataloging of support items to be acquired through the provisioning process. It includes such things as provisioning lists and logistics support analysis summaries. Descriptive data such as drawings and photographs are referred to as “supplementary provisioning technical documentation.”
217.7602 Contracting requirements.
217.7602-1 Contractual provisions.
Contracts containing
provisioning requirements shall—
(a) List the
provisioning functions to be performed and who will perform them;
(b) Include a
provisioning requirements statement or specify a time limit for its
incorporation into the contract by modification (revisions to the provisioning
requirements statement shall also be incorporated by contract modification);
(c) Include on the DD
Form 1423, Contract Data Requirements List, a schedule for delivery of
provisioning technical documentation, or provide for the schedule to be
incorporated later by contract modification;
(d) Require flowdown of
the appropriate provisioning technical documentation requirement when the
subcontractor prepares the documentation;
(e) Specify any
applicable procedures for interim release by the contractor of long lead time
items, and include ordering and funding instructions for such items. As a minimum, the instructions shall require
the contractor to advise the contracting officer or provisioning activity at
least 30 days before release of the items, their estimated costs, and the
effective date of release;
(f) Specify the
activity designated to issue provisioned items orders, i.e., contracting
officer, provisioning activity, or administrative contracting officer. When it is expected that more than one
activity will place provisioned items orders against the contract, state the
requirements for provisioned items of each activity as separate contract line
items;
(g) Provide a
definitization schedule (normally 120 days after receipt of the contractor's
proposal), and a timeframe for the contractor to furnish price proposals for
provisioned items orders (normally 60 days after order issuance);
(h) Specify exhibit
identifiers applicable to the contract line/subline items; and
(i) Include procedures
for processing changes (including cancellations) in quantities of items
ordered.
217.7602-2 Issuance of
provisioned items orders.
(a) Use the Standard
Form 30, Amendment of Solicitation/Modification of Contract, to—
(1) Issue provisioned items orders;
(2) Decrease or cancel quantities of items
ordered; and
(3) Cover the contractor's interim release of
long lead items when the contracting officer approves the release (if the
release is not approved, the contracting officer shall notify the contractor to
cancel the items).
(b) Include in Block 14
of the Standard Form 30—
(1) The term PROVISIONED ITEMS ORDER in capital
letters and underlined; and
(2) The appropriate exhibit identifier(s) for
all attached exhibits.
(c) Obligate funds to
cover the estimated price of the items being ordered. Show individual estimated prices for each exhibit line item on
the accounting and payment office copies.
(d) Distribution is the
same as for the basic contract (see FAR 4.2).
However, if the exhibits are voluminous, the contracting officer may
restrict distribution of the exhibits to the contract administration office.
(e) See Subpart 217.74
for additional guidance and limitations on the use of undefinitized contract
actions.
217.7603 Contract
administration requirements.
217.7603-1 Provisioning
conferences.
When requested by the
contracting officer or provisioning activity, the contract administration
office shall assist the contracting officer or provisioning activity in
scheduling and determining the types of provisioning conferences required,
e.g., guidance meetings, long lead time items conferences, source coding
meetings.
217.7603-2 Contract
administration office monitoring.
The contract administration
office (CAO) shall monitor contracts containing provisioning requirements. As a minimum the CAO shall—
(a) Ensure that the
contractor understands the provisioning requirements;
(b) Review contractor
progress in the preparation of provisioning technical documentation and, if
requested by the contracting officer or provisioning activity, inspect it for
format and content;
(c) Ensure the prime
contractor flows-down provisioning requirements to any subcontractor charged
with preparation of documentation;
(d) Advise the
contracting office or provisioning activity of delays in delivery of
provisioning technical documentation or other related problems (see FAR Subpart
42.11);
(e) Ensure contractor
compliance with contract requirements concerning the assignment of national
stock numbers; and
(f) Ensure that the
contractor complies with contractual criteria for release of long lead time
items.
217.7603-3 Negotiating and executing supplemental
agreements.
(a) The administrative
contracting officer (ACO) shall definitize provisioned items orders within the
prescribed schedule.
(b) If the provisioned
items order does not contain a delivery date, or the contractor cannot meet the
date, the ACO shall coordinate the negotiated schedule with the contracting
officer or provisioning activity before execution of the supplemental
agreement.
(c) The ACO shall
maintain records of provisioned items orders showing—
(1) The adequacy of obligated funds;
(2) Due dates for price proposals; and
(3) Actions taken to obtain additional funds or
to deobligate excess funds.