Are there any instances outside the defined exceptions DFARS 252.211-7003 (ie: disasters, war, etc) where the UID requirement can be omitted (missing clause at time of award) or removed for physical items valued at $5k+?
Great question! In a word “yes” there are instances outside of DFARS 252.211.7003 that provide exceptions to when UID requirements may be omitted from the contract for items above $5,000.
The prescription for that clause (directions on when it shall be used in solicitations and contracts) is found at DFARS 211.274-6(a)(1).
It reads: Use the clause at 252.211-7003, Item Unique Identification and Valuation, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for supplies, and for services involving the furnishing of supplies, unless the conditions in 211.274-2(b) apply. Notes: (1) bold italics added for emphasis, (2) DFARS 211.274-6(a)(2) and (3) provides instructions for how to identify certain items in the clause itself, but that is not germane to the question or answer.
DFARS 211.274-2 Policy for item unique identification. DFARS 211.274(b)(1) is the exception you mentioned: “…support a contingency or humanitarian or peacekeeping operation; to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster;…” Note: this requires head of the contracting activity (HCA) determination first before that exception can be used.
DFARS 211.274-2(b)(2) is an additional exception “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.” Again, that exception needs to
DFARS 211.274-1 General lists the reasons why and UID information is so important for DoD; which explains why the exceptions are few and far between.
It would be interesting to see the contract modifications and the justification(s) used to eliminate that important contract term and condition (requirement).
