0704-XXXX--DRAFT-DFARS clause (2012-D051 (p)_052014)

OMB Control No. 0704-XXXX
DFARS Case 2012-D051
Service Contract Reporting
Draft Proposed Rule
PART 212—ACQUISITION OF COMMERCIAL ITEMS
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SUBPART 212.3—SOLICITATION PROVISIONS AND CONTRACT
CLAUSES FOR THE ACQUISITION OF COMMERCIAL ITEMS
212.301 Solicitation provisions and contract clauses for the acquisition of
commercial items.
(f) * * *
(lvii) [Use the clause at 252.237-70XX, Service Contract
Reporting Requirements, as prescribed in 237.17X-5.]
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[Redesignate (lvii) through (lxx) as (lviii) through (lxxi).]
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PART 237―SERVICE CONTRACTING
SUBPART 237.1- SERVICE CONTRACT-GENERAL
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[237.17X Service contract reporting.
237.17X-1 Scope.
This section implements section 807 of the National Defense
Authorization Act for Fiscal Year 2008, Pub. L. 110-181 (10 U.S.C. 2330a),
which requires the Secretary of Defense to annually report to Congress an
inventory of the activities performed during the preceding fiscal year
pursuant to contracts for services for or on behalf of the DoD.

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ATTENTION: THIS IS A CONFIDENTIAL, DELIBERATIVE, AND PRE-DECISIONAL DEFENSE ACQUISITION REGULATIONS
SYSTEM DOCUMENT, PROTECTED FROM UNAUTHORIZED DISCLOSURE PURSUANT TO THE FREEDOM OF INFORMATION ACT AND
OTHER LEGAL AUTHORITIES. THIS DOCUMENT SHALL NOT BE DISTRIBUTED OUTSIDE AUTHORIZED RULEMAKING CHANNELS
WITHOUT THE PRIOR APPROVAL OF A REPRESENTATIVE OF THE DEFENSE ACQUISITION REGULATIONS SYSTEM. IF YOU HAVE
RECEIVED THIS DOCUMENTIN ERROR, YOU MAY NOT READ, COPY, DISTRIBUTE, OR USE THE DOCUMENT OR INFORMATION
CONTAINED THEREIN. FURTHERMORE, YOU MUST IMMEDIATELY NOTIFY THE SENDER BY REPLY EMAIL OR OTHER MEANS AND
THEN DELETE OR DESTROY ALL COPIES OF THE DOCUMENT. ANY DISTRIBUTION OF THIS DOCUMENT MUST CONTAIN THIS
LEGEND.

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237.17X-2 Applicability.
(a) Except as identified in paragraph (b), this section applies to service
contracts and orders with a total estimated value exceeding the simplified
acquisition threshold, and supply contracts and orders with separate line
items for services with a total estimated value exceeding the simplified
acquisition threshold.
(b) This section does not apply to separate line items in contracts and
orders for—
(1) Construction of structures and facilities (product or service code
(PSC) Group Y);
(2) Lease/rental of equipment or facilities (PSC Groups W and X);
(3) Utilities (PSC Group S1);
(4) Freight and shipping (PSC Groups V0, V1, and V2); and
(5) Classified services.
237.17X-3 Service contract reporting requirements.
(a) The contracting officer’s representative (COR), when appointed, or
the contracting officer, if no COR is appointed, is responsible for ensuring
the contractor has completed the reporting requirement in the clause at
252.237-70XX. Contracting officers shall verify that the contractor’s
ECMRA compliance is documented.
(b)(1) Waiver. The contracting officer shall prepare a determination
and findings when data required to comply with the clause at 252.237-70XX
cannot reasonably be made available in a timely manner. The
determination and findings shall be approved at one level above the
contracting officer.
(2) Upon approval, the contracting officer shall notify the requiring
activity and the contractor.
237.17X-4 Contract clause.
Use the clause at 252.237-70XX, Service Contract Reporting
Requirements, in solicitations, contracts, and task or delivery orders,
including those using FAR part 12 procedures for the acquisition of
commercial items, if—
__________________________________________________________________________________________________________
ATTENTION: THIS IS A CONFIDENTIAL, DELIBERATIVE, AND PRE-DECISIONAL DEFENSE ACQUISITION REGULATIONS
SYSTEM DOCUMENT, PROTECTED FROM UNAUTHORIZED DISCLOSURE PURSUANT TO THE FREEDOM OF INFORMATION ACT AND
OTHER LEGAL AUTHORITIES. THIS DOCUMENT SHALL NOT BE DISTRIBUTED OUTSIDE AUTHORIZED RULEMAKING CHANNELS
WITHOUT THE PRIOR APPROVAL OF A REPRESENTATIVE OF THE DEFENSE ACQUISITION REGULATIONS SYSTEM. IF YOU HAVE
RECEIVED THIS DOCUMENTIN ERROR, YOU MAY NOT READ, COPY, DISTRIBUTE, OR USE THE DOCUMENT OR INFORMATION
CONTAINED THEREIN. FURTHERMORE, YOU MUST IMMEDIATELY NOTIFY THE SENDER BY REPLY EMAIL OR OTHER MEANS AND
THEN DELETE OR DESTROY ALL COPIES OF THE DOCUMENT. ANY DISTRIBUTION OF THIS DOCUMENT MUST CONTAIN THIS
LEGEND.

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(a) The acquisition is for the provision of services with a total
estimated value exceeding the simplified acquisition threshold; or
(b) The acquisition is for the provision of supplies that contain
separate line items for services with a total estimated value exceeding the
simplified acquisition threshold.]
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PART 252―SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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SUBPART 252.2―TEXT OF PROVISIONS AND CLAUSES
[252.237-70XX Service Contract Reporting Requirements.
As prescribed in 237.17X-5, use the following clause, and if not all line
items are covered, indicate in the Schedule which line items are covered
by the clause:
SERVICE CONTRACT REPORTING REQUIREMENTS (DATE)
(a) Except as provided in paragraph (c) of this clause, the
Contractor shall —
(1) Report all required prime contract and subcontract data, or
require any subcontractors to report separately, using the Enterprise-wide
Contractor Manpower Reporting Application (ECMRA) database, and
(2) Enter data for all line items subject to this clause into the
ECMRA at the end of each Government fiscal year and not later than
October 31 or at the end of the contract performance period, whichever
comes first.
(b) Information regarding ECMRA is available on the Internet at
http://www.ecmra.mil.
(c) The Contracting Officer may waive the applicability of the
requirements of paragraph (a) of this clause in accordance with Defense
Federal Acquisition Regulation Supplement 237.17X-4.
(d) Subcontractor information. The Contractor shall include the
substance of this clause, including this paragraph (c), in subcontracts that
may include services.
(End of clause)]
__________________________________________________________________________________________________________
ATTENTION: THIS IS A CONFIDENTIAL, DELIBERATIVE, AND PRE-DECISIONAL DEFENSE ACQUISITION REGULATIONS
SYSTEM DOCUMENT, PROTECTED FROM UNAUTHORIZED DISCLOSURE PURSUANT TO THE FREEDOM OF INFORMATION ACT AND
OTHER LEGAL AUTHORITIES. THIS DOCUMENT SHALL NOT BE DISTRIBUTED OUTSIDE AUTHORIZED RULEMAKING CHANNELS
WITHOUT THE PRIOR APPROVAL OF A REPRESENTATIVE OF THE DEFENSE ACQUISITION REGULATIONS SYSTEM. IF YOU HAVE
RECEIVED THIS DOCUMENTIN ERROR, YOU MAY NOT READ, COPY, DISTRIBUTE, OR USE THE DOCUMENT OR INFORMATION
CONTAINED THEREIN. FURTHERMORE, YOU MUST IMMEDIATELY NOTIFY THE SENDER BY REPLY EMAIL OR OTHER MEANS AND
THEN DELETE OR DESTROY ALL COPIES OF THE DOCUMENT. ANY DISTRIBUTION OF THIS DOCUMENT MUST CONTAIN THIS
LEGEND.

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