Where can I find the FAR or DFAR clause stating, DD 1149 form are just for shipping GFE?
Great Question – about a form that has caused a great deal of confusion over time and has become the form of choice because well, “That’s the way we’ve always done it.”
Some quick history – the instructions for the DD 1149 in the past were contained on the BACK of the form. Sometime in the mid 1980’s the instructions, for whatever reason(s), were eliminated. I personally do not know why.
To maintain some guidance as to the use of the Form – those instruction were copied with slight modification and amplification into a DoD Manual – 4161.2-M. “Manual for the Performance of Contract Property Administration.” You can find these instructions in Appendix AP 5 of this manual -- http://www.dtic.mil/whs/directives/corres/pdf/416102m.pdf. Please note that this manual for all intents and purposes is obsolete as the material contained within it has been rendered obsolete by the significant changes in 2007 and 2010 to the Government Property FAR Part (45) as well as the Government Property Clauses – FAR 52.245-1 through 19 – now reduced to 52.245-1, 2 and 9.
But there is more to the story – you generally will not find a DD Form in the FAR. The FAR is applicable to ALL Federal Agencies. You would find the DD 1149 referenced in the Department of Defense FAR Supplement (DFARS).
But let’s go one step further – you appear to approaching this question from the contractor perspective. As such, it is interesting to note the the DD 1149 is NOT called out as a mandatory form in ANY of the FAR no DFARS Clauses related to Government property. Therefore, unless there is other specific language in the contract DIRECTING the contractor to use the DD 1149 it is the contractor’s CHOICE as to the document used to ship said property.
Another area of interest is the contractor’s Property Management System and the procedures specified in that System. What does the Contractor’s PMS say they will do or use? If their procedures say they will use that form – fine. But, their procedures may call out another form, of their own design. Again, unless otherwise stipulated in the contract, the Government Property Clauses do NOT specify the use of a DD 1149. It is really a choice made by the contractor.
There are a couple of other resources:
Another AAP was presented regarding this form. It may be found at https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=28&cgiQuestionID=20378
And at the Defense Procurement and Acquisition Policy Webpage http://www.acq.osd.mil/dpap/ccap/cc/jcchb/Files/Topical/Trans_Shipping/training/direct_contract_shipping_instructions.ppt
NOTE – Though this presentation may not be applicable to you situation.
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