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SUBPART 217.74--UNDEFINITIZED CONTRACT
(Revised December 09, 1998)
This subpart prescribes policies and procedures implementing 10 U.S.C. 2326.
As used in this subpart-
(2) It does not include change orders, administrative changes, funding modifications, or any other contract modifications that are within the scope and under the terms of the contract, e.g., engineering change proposals, value engineering change proposals, and over and above work requests as described in Subpart 217.77.
(c) "Qualifying proposal" means a proposal containing sufficient information for the DoD to do complete and meaningful analyses and audits of the-
(2) Any other information that the contracting officer has determined DoD needs to review in connection with the contract.
(b) Purchases at or below the simplified acquisition threshold;
(c) Special access programs;
(d) Congressionally mandated long-lead procurement contracts.
(2) The Government's interest demands that the contractor be given a binding commitment so that contract performance can begin immediately.
The contracting officer shall obtain approval from the head of the contracting activity before-
(b) Including requirements for non-urgent spare parts and support equipment in a UCA. The request should show that inclusion of the non-urgent items is consistent with good business practices and in the best interest of the United States.
(c) Modifying the scope of a UCA when performance has already begun. The request should show that the modification is consistent with good business practices and in the best interests of the United States.
217.7404-3 Definitization schedule.
(2) The date on which the amount of funds obligated under the contract action is equal to more than 50 percent of the not-to-exceed price.
(b) The head of an agency may waive the limitations in 217.7404-2, 217.7404-3, and 217.7404-4 for UCAs if the head of the agency determines that the waiver is necessary to support-
(2) A humanitarian or peacekeeping operation as defined in 10 U.S.C. 2302(7).
(b) The contractor's reduced cost risk for costs incurred during performance of the remainder of the contract.
217.7406 Contract clauses.
(b) Use the clause at 252.217-7027, Contract Definitization, in all UCAs, solicitations associated with UCAs, basic ordering agreements, indefinite delivery contracts, and any other type of contract providing for the use of UCAs. Insert the applicable information in paragraphs (a), (b), and (d) of the clause. If, at the time of entering into the UCA, the contracting officer knows that the definitive contract action will meet the criteria of FAR 15.403-1, 15.403-2, or 15.403-3 for not requiring submission of cost or pricing data, the words "and cost or pricing data" may be deleted from paragraph (a) of the clause.