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  • Question

    Does the contractor have to provide a draft 1354 for the project early in the contract to meet the ACO's requirement to have one on file or can they wait to the end of the contract?


    Answer

    UFC 1-300-08 dated 16 April 2009 with Change 2, dated August 2011 provided clear and concise for the CRITERIA FOR TRANSFER AND ACCEPTANCE OF DoD REAL PROPERTY.  UFC 1-300-08 also provides the definition of what and when a draft, interim and final DD form 1354 are required. 

    Different acquisition methods typically require different types of the DD Form 1354. Completion of each type of the DD Form 1354 is illustrated in Table 2-1 below.

    Table 2-1 DD Form 1354 Completion Types
    Acquisition Type Draft Interim Final
    New Construction   X   X   X
    Capital Improvement   X   X    X
    Transfer Between Services       X
    Inventory Adjustment       X
     
    The draft version of the DD Form 1354, although not required, is generally used for the Acquisition by Construction and Capital Improvement to Existing Facilities acquisition methods. It is often initiated to enable effective capture of information during the design or Request for Proposal (RFP) preparation stage. This information may be updated upon any of the following:
    • Changes in scope
    • Changes in cost estimates
    • Addition or deletion of RPUID
    Based on this there is NO requirement for the contractor or the ACO to have a draft DD form 1354 on file during construction.  Unless the contract specifically stated the requirement for the contractor to perform this function for the government, having them do this would constitute a change to the contract under FAR 52.243-4.
    As for Roles and responsibilities 3.1 of UFC 1-300-08, in general, the following play a role in the DD Form 1354 process:
    • Construction Agent (USACE, NAVFAC, etc.)
    • Sponsoring Entity
    • Real Property Accountable Officer (RPAO) or Approved Accepting Official
    • Realty Staff
    • Directorate of Public Works/Facilities Management Office/Base Civil Engineer (DPW/FMO/BCE)

    The above are key participants in the transfer and acceptance process. Other participants, such as safety and fire inspectors, contracting officers, and construction contractors are not specifically addressed in this UFC, but they may also play a role in the transfer and acceptance process, but are not the primary people responsible for completing the DD form 1354. These are the people proving input to the key participants.

    The table below shows the Acquisition method, with the primary actions for each role.
    Table 3-1 Roles per Acquisition Method
    Acquisition Method Role Primary Actions
    Construction and Capital Improvements Sponsoring Entity  • Initiates, sponsors, and funds construction project
    • Ensures at least one RPUID is assigned to the project
    • Attends Final Inspection
    • Acknowledges to construction agent that asset meets entity’s requirements
    • Receives copy of all DD Forms 1354
    • Provides a copy of all auditable supporting documentation to RPAO for its respective portion of the project for which it has financial responsibility
    • Ensures all capitalized project costs incurred by the sponsoring entity and accumulated in the CIP account are provided to construction agent for inclusion in the full cost of the asset
     
    Construction and Capital Improvements Construction Agent or Public Works Officer/Engineer Responsibility is usually based on construction threshold • Ensures at least one RPUID is assigned to the project
    • Has primary responsibility for construction
    • Ensures DD Form(s) 1354 is/are prepared and furnished to the RPAO and Sponsoring Entity
    • Notifies sponsoring entity of substantial construction completion and schedules inspection
    • Accepts construction from contractor on behalf of the government
    • Ensures contract deficiencies, if any, are corrected
    • Ensures that a DD Form 1594 for each contract is provided to the RPAO and Sponsoring Entity along with the final DD Form 1354
    Construction and Capital Improvements Real Property Accountable Officer (RPAO) • Ensures RPUID(s) for the project are provided to the construction agent and/or sponsoring entity upon request
    • Accepts property into the real property inventory
    • Ensures information recorded is accurate, complete, and retained in accordance with applicable laws and regulations
     
     
    Table 3-1 provides additional guidance for transfers between services and for inventory purposes.
     
    For more detailed guidance on the DD for 1354 and CRITERIA FOR TRANSFER AND ACCEPTANCE OF DoD REAL PROPERTY go to the following site:
     
    https://www.wbdg.org/FFC/DOD/UFC/ufc_1_300_08_2009_c2.pdf
     

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