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    1. Is the UIC because of the 252.211-7003 clause? 2. Applicability and use of DFARS 252.211-7003: If I'm erecting a permanent structure but it is procured as a supply and going on the books as equipment do I need this clause? I read the PGI and DPAP guidance and really couldn't make sense out of it unless its completely un-applicable...one of the categories was for a mobile structure, but none for a permanent structure. (Did buy another awning in a box on a separate contract which is mobile for $6,000; it appears that one requires the clause) 3.If I do need the clause, do I then go into 3(c)(1)(i) of the clause and list all the non-applicable CLINS on the DO? Thanks for your help


    Answer

    DFARS 211.274-2 states that the DoD requires an item unique identification or DoD recognized equivalent on all delivered items for which the Government's unit acquisition cost is $5000 or more.  Paragraph (b)(2) lists the exemptions and states:
     
    (b)  Exceptions.  The contractor will not be required to provide DoD item unique identification if—
      (1)  The items, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack; or
      (2)  A determination and findings has been executed concluding that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identifier after delivery, and the item is either acquired from a small business concern, or is a commercial item acquired under FAR part 12 or part 8.
      (i)  The determination and findings shall be executed by—
      (A)  The Component Acquisition Executive for an acquisition category (ACAT) I program; or
      (B)  The head of the contracting activity for all other programs.
      (ii)  The DoD Unique Identification Policy Office must receive a copy of the determination and findings required by paragraph (b)(2)(i) of this subsection. Follow the procedures at PGI 211.274-2 (DFARS/PGI view).
     
    In your case, it appears that the Head of Contracting Activity can execute a request a D&F to relieve the contractor from the requirement of providing the UID, however, the requirement for UID assignment, marking, and registration still is in place.  The paragraph 211.274-2(b)(2)(ii) states that the DoD Unique Identification Policy Office is to receive a copy of the D&F.  The UID Help Desk number is listed on the DPAP website, (269-961-4745).  Keep in mind this is only a help desk and would not necessarily be considered a source for FAR/DFARS expertise.  The paragraph further cites the procedures at PGI 211.274-2 which requires sending a copy of the D&F to DPAP/Program Development and Implementation, Deputy Director.  That office number is 703-697-4452.  They should be able to give you definite guidance on the applicability of the clause and it usage.
     

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