As prescribed in 225.7204(b), except for acquisitions described in 225.7202—
(a) Use the provision at 252.225-7003, Report of Intended Performance Outside the United States and Canada—Submission with Offer, in solicitations with a value exceeding $15 million; and
(b) Use the clause at 252.225-7004, Report of Intended Performance Outside the United States and Canada—Submission after Award, in solicitations and contracts with a value exceeding $15 million.
REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND CANADA—SUBMISSION AFTER AWARD (JUL 2024)
(a) Definition. As used in this clause—
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Reporting requirement. The Contractor shall submit a report in accordance with this clause, if the Contractor or a first-tier subcontractor will perform any part of this contract outside the United States and Canada that—
(1) Exceeds the threshold specified in Defense Acquisition Regulation Supplement 225.7201(a); and
(2) Could be performed inside the United States or Canada.
(c) Submission of reports. The Contractor—
(1) Shall submit a report as soon as practical after the information is known;
(2) To the maximum extent practicable, shall submit a report regarding a first-tier subcontractor at least 30 days before award of the subcontract;
(3) Need not resubmit information submitted with its offer, unless the information changes;
(4) Shall submit all reports to the Contracting Officer; and
(5) Shall submit a copy of each report to: Principal Director, Defense Pricing, Contracting, and Acquisition Policy (Contract Policy), OUSD(A&S) DPCAP/ CP, Washington, DC 20301–3060.
(d) Report format. The Contractor—
(1) Shall submit reports using—
(i) DD Form 2139, Report of Contract Performance Outside the United States; or
(ii) A computer-generated report that contains all information required by DD Form 2139; and
(2) May obtain copies of DD Form 2139 from the Contracting Officer or via the Internet at https://www.esd.whs.mil/Directives/forms/.
(End of clause)
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