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  • Question

    If the F-35 program is not contractually, though a CDRL, receiving component repair instructions/Component Maintanance Manuals (CMMs) does the DFAR apply? (specifically in area of technical data markings) In the PPP enviornment the Military Service Depot (MSD) preforms "touch labor", works for the contracted - LM Aero - and utilizes what they present for use, would you agree, simply stated.


    Answer

    At face-value, this appears to be a Direct Sales, Public Private Partnership, where the Program Office has a contract between the government and a contractor.  In addition, the contractor then has a separate PPP arrangement between the contractor and an organic support provider.
     
    So to answer the question, you need to look at both the contract and the PPP arrangement.  The contract has FAR/DFAR applicability, so in order for the government to receive repair instructions/CMMs, they must be included in the contract, whether through a CDRL or other contract terms.
     
    As for the PPP arrangement, recognize PPPs are generally awarded outside the authority of the FAR.  No clause or provision contained in the FAR or the DoD/Other Agency Supplement thereto, or any Presidential Executive Order (EO) otherwise applying to the conduct of acquisition from Non-Federal contractors, which is specifically included in this prime contract, shall apply to any PPP agreement issued or to any other contractual vehicle placed by the Contractor with a Government agency providing a supply/service under this prime contract, except as may be expressly included by mutual consent. Inclusion of any FAR or agency supplement clause or requirement shall be a subject of negotiation between the buyer (Contractor) and the seller (Government Partner).
     
    In other words, any terms and conditions in the PPP must be clearly identified and agreed upon.  The obligations of both the contractor and the government would be identified in this document.
     
    In either case, I would suggest speaking to your contracting officer in order to understand what is included in both the contract, and the PPP arrangement. 
     

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