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systems to a Military Department subject to the following criteria:

(i) The Military Department desiring cognizance has major contracts in the plant such as those for research, exploratory development, systems engineering, management, and technical direction; and research and development operating contracts.

(ii) The service or supply under contract must be of high national priority, in itself, or related to a major system of high national priority. It must involve such a high degree of technical innovation and complexity that performance of CAS by other than the responsible Military Department would adversely affect the successful and timely completion of the contract.

(iii) Subject to the above, other factors to be considered in cognizance determinations are similar to those listed in subparagraph (1) (iii) of this paragraph.

(3) Special category of contract assignments. The ASD (I&L) may consider a special category of contracts such as those for construction and stevedoring, for assignment to a Military Department for performance of field CAS subject to the following criteria:

(i) The Military Department desiring cognizance has major contracts at a significant number of contractor locations involved solely in performance of contracts for a single type of supply or service, and it is unlikely that contracts for other items or from other Services/ Agencies would be performed at the same locations.

(ii) The supply or service for which cognizance is desired must be of high national priority. The unusual nature of the contracts or other circumstances must be such that assignment to a Military Department is clearly in the best interests of the government.

(f) Facilities contracts (ASPR 7-701). Such contracts will not be considered for separate assignment by ASD (I&L). Field performance on such contracts will be by DCAS except at plants assigned to the Military Departments by ASD (I&L) under the provisions of this part.

(g) Submission of assignment requests. (1) Requests for assignment of major system plants and special plants shall include the information required by the Plant Cognizance Questionnaire, see § 190.6. Four copies of each questionnaire shall be submitted to the Assistant Secretary of Defense (Installations and

Logistics), Attention: Directorate for Contract Administration Services. (2) Request for assignment of category of contracts requires the submission of a letter of justification (four copies) in sufficient detail to enable ASD (I&L) to make determinations based on the factors outlined in paragraph (e)(3) of this section.

(3) The Military Departments and DSA will be advised of ASD (I&L) cognizance determinations. Changes resulting from such decisions will be reflected, as appropriate, in the DOD Directory of CAS components.

(h) Relinquishments. No military Department shall retain cognizance or be required to retain cognizance of a plant or category of contracts for which it no longer qualifies or has a need, except that it shall not relinquish cognizance until ASD (I&L) transfers the plant or category of contract to another DOD component. Requests for reliquishment (four copies) shall include reasons therefor and a proposed transfer date.

§ 190.6 Plant cognizance questionnaire.
Requesting Department_-_.
Type of Request: Transfer
Continuance

(a) Provide name of contractor and name and location of the plant for which cognizance is desired. When more than one building is involved, provide maps showing location of all buildings.

(b) Describe in detail what is being procured which is the basis for the plant assignment request. (If not a major system indicate its relationship to the major system.)

(c) Indicate the current status of the system or subsystem in relation to its life cycle (e.g. Research, Exploratory Development, Advanced Development, Concept Formulation, Contract Definition, Engineering Development, Operational System Development, Production). Indicate when production stage began or the approximate date when production is expected to begin.

(d) Specify any previous technical developments on which the system is based, explaining what is new and different.

(e) For systems in process, and where CAS is under another Service/Agency, provide specific evidence on how this situation adversely affects the successful completion of the system. For new systems, explain why you believe performance of CAS by other than the system/project of CAS by other would affect the successful completion of the system.

(f) In the event cognizance is assigned, indicate those system/project manager responsibilities which will be delegated to the CAS component which are over and above the normal CAS functions listed in ASPR 1-406.

For each such responsibility delegated indicate the extent of the CAS component's authority, including any specific authorities to finally commit the government to a course of action significantly affecting the contract or the system.

(g) Indicate why the installation of a technical representative at the plant to perform system/project manager functions would not provide essential technical direction and control.

(h) Provide following information on the magnitude of contracts for the system or other basis for request:

(1) Undelivered dollar value of DOD contracts for the major system, or other item/ service which is the basis for requested assignment. If more than one item is involved, furnish information separately.

(11) Undelivered dollar balance on all contracts (by Service, NASA, other).

(1) Indicate the projected time span, during which the contractor will be involved in performing on the system/service for which cognizance is requested. (Include work not presently under contract but planned.)

(J) (1) Furnish following information on all CAS personnel presently in plant on fulltime basis:

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(a) Equal opportunity and treatment shall be accorded all military members and civilian employees of the Department of Defense irrespective of their race, color, religion, sex, or national origin consistent with requirements for physical capabilities.

(b) Discriminatory treatment, on and off base, directed against uniformed members (or their dependents) and civilian employees undermines their morale and efficiency and therefore their effectiveness. Each commander shall initiate action to oppose and overcome such discriminatory action and impose appropriate restrictions in housing discrimination cases as required by DOD Instruction 1338.151 Equal Opportunity for Military Personnel in Off-Base Housing Program, and use the off-limits sanction in accordance with Armed Forces Disciplinary Control Board procedures in other discrimination cases.

(c) Equal opportunity for civilian members shall translate into Aggressive Affirmative Action Programs, specifically including the Federal Women's Programs, which shall include the use of numerical goals and timetables as a means to increase the utilization of minorities in occupations and levels in which their representation is out of balance. Such goals are to be attainable but challenging and are to insure prog1 See footnote on p. 400.

ress toward full integration of the work force at all levels.

(d) Department of Defense contractors shall be required to comply with the policy of equal employment opportunity in accordance with Executive Orders 11246/11375, as implemented by DOD Directive 1100.111 and the Armed Services Procurement Regulation (Subchapter A of this chapter).

§ 191.4 Responsibilities.

(a) The Assistant Secretary of Defense (Manpower and Reserve Affairs) is responsible overall for equal opportunity in the Department of Defense. In this respect he shall:

(1) Represent the Secretary of Defense in equal opportunity matters.

(2) In accordance with standard procedures, give direction to DOD-wide programs to insure equal opportunity for uniformed members and civilian employees, including the issuance and implementation of written instructions as necessary.

(3) Provide policy direction and overall guidance to the Defense Contracts Compliance Program in accordance with DoD Directive 1100.11.1

(4) Utilize the established Office of the Deputy Assistant Secretary of Defense (Equal Opportunity) to assist in carrying out his function.

(b) The Secretaries of the Military Departments, the Directors of the Defense Agencies, and the Assistant Secretary of Defense (Administration) for the Office of the Secretary of Defense/Organization of the Joint Chiefs of Staff shall be responsible for equal opportunity within their respective jurisdictions. In this respect they shall insure implementation of DOD policy on equal opportunity as follows:

(1) Assure that the policy of equal opportunity is understood at all levels of organization.

(2) Establish and maintain Affirmative Action Programs that identify areas of deficiency and provide a means of correcting them.

(3) Provide uniform reporting systems to measure results.

(4) Consider leadership in operating successful Equal Opportunity Programs

1 Filed as part of original. Single copies may be obtained, if needed, from U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, PA 19120. Attention: Code 300.

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SOURCE: The provisions of this Part 192 appear at 33 F.R. 13015, Sept. 14, 1968, unless otherwise noted.

§ 192.1 Purpose and scope.

This part provides policy guidance and assigns responsibilities for assuring that items of materiel and equipment are so designed, engineered, and constructed that the required quantities can be efficiently moved by available means of transportation.

§ 192.2 Applicability.

The provisions of this part apply to the Departments of the Army, Navy, and Air Force, and the Defense Supply Agency (hereinafter referred to collectively as "DoD Components").

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(a) Transportability will be a major consideration in:

(1) Formulating the priority of characteristics to be considered in the design of any new or modified item of materiel and

(2) Developing integrated logistics support for systems and equipment (DoD Directive 4100.35, Development of Ingrated Logistics Support for Systems and Equipments, June 19, 1964).1

(b) When planning and designing new or modified materiel, transportability criteria for all possible modes of transportation to be employed shall be considered in order to assure that items are so designed and constructed that they can be efficiently moved by available means of transportation.

(c) Equipment to be developed or procured will be designed so that its outside dimensions and gross weight (axle loads for vehicles) will permit handling, movement, and transfer among the various transportation systems that are or are expected to be available during its operating life.

(d) Only in exceptional cases may equipment be designed which will require special or unique arrangement of schedules, rights-of-way, clearances, or other operating conditions. In addition, equipment may be designed to the capabilities of a specific mode of transportation only when it has been determined that more restrictive modes will not be used.

(e) During the design, development, or modification of equipment which is large, bulky, heavy, or sensitive to shock and vibration, full consideration will be given to transportation, handling, tiedown, and slinging points, to disassembly capability for transportation purposes, ease of on-site reassembly for use, and safety during transportation. Self-propulsion will also be considered in the design where applicable and necessary. § 192.5 Responsibilities.

(a) The Secretaries of the Army, Navy, and Air Force will designate, within existing manpower ceilings, an operating agency at an appropriate level

1 Copies available from Naval Supply Depot, 5801 Tabor Avenue, Philadelphia, Pa. 19120, Attn.: Code 300.

within their respective Departments which will be responsible for:

(1) Issuing, under the sponsorship of the Secretary of the Army, joint Army, Navy, Air Force and Marine Corps regulations implementing this part for uniform use by all DoD components.

(2) Issuing, under the sponsorship of the appropriate Military Department (see DoD Directives 5160.2, Single Manager Assignment for Airlift Service, March 24, 1967 (32 F.R. 6300), 5160.10, Single Manager Assignment for Ocean Transportation, March 24, 1967 (32 F.R. 6300), and 5160.53, Single Manager Assignment for Military Traffic, Land Transportation, and Common-user Ocean Terminals, March 24, 1967 (32 F.R. 5295)), joint transportability criteria covering (1) modes of transportation and terminals, and (ii) pertinent characteristics of transportation equipment.

(3) Ensuring that the transportability of new materiel is determined by field testing during the RDT&E programs and documenting test results for transportability guidance.

(4) Issuing, under the sponsorship of the appropriate Military Department, joint transportability guidance for materiel for which each Military Department has prime responsibility.

(b) The Secretary of the Navy will be responsible for (1) coordinating DoD transportability interests in commonuser ship construction and modification programs with appropriate Federal agencies and (2) integrating the foreseen needs of the DoD Components into these programs.

(c) The Secretary of the Air Force will be responsible for (1) coordinating DoD transportability interests in common-user aircraft construction and modification programs with appropriate Federal agencies nd (2) integrating the foreseen needs of the DoD Components into these programs.

(d) The Secretary of the Army will be responsible for (1) coordinating Don transportability interests in commonuser land transportation programs with Federal and State agencies in the United States and with appropriate agencies overseas and (2) integrating the foreseen needs of the DoD Components into these programs. (See Part 193 of this subchapter, concerning coordination of Highways for National Defense matters with Federal and State agencies.)

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193.4 Authorities and responsibilities.

AUTHORITY: The provisions of this Part 193 issued under 5 U.S.C. 301.

SOURCE: The provisions of this Part 193 appear at 33 F.R. 13016, Sept. 14, 1968, unless otherwise noted.

§ 193.1 Purpose and scope.

This part sets forth policy, responsibilities, and authority in matters pertaining to Department of Defense highway needs and, when appropriate, to the highway needs of other Federal agencies, during peacetime and emergencies in the United States and its territories and possessions.

§ 193.2 Applicability.

The provisions of this part apply to all components of the Deparment of Defense.

193.3 Policy.

In order to insure that the national defense is served by adequate, safe and efficient highway transportation, it shall be the policy of the DoD to (a) integrate the highway needs of the national defense into the civil highway programs of the various State and Federal agencies, and (b) cooperate with those agencies in matters pertaining to the use of public highways and in planning their development and construction.

§ 193.4 Authorities and responsibilities.

(a) The Secretary of the Army, as the Single Manager for Military Traffic, Land Transportation, and Common-User Ocean Terminals (see DoD Directive 5160.53, Single Manager Assignment for Military Traffic, Land Transportation, and Common-User Ocean Terminals, March 24, 1967 (32 F.R. 5295)), is hereby designated as the Executive Agent for the Department of Defense (hereinafter referred to as the Executive Agent), in matters pertaining to public highways to serve the national defense in meeting both peacetime and mobilization highway transportation needs in the United States, its territories and possessions; and highway needs of other Federal agencies, when appropriate. The Executive Agent, or his designee, under the policy guidance

of the Assistant Secretary of Defense (Installations and Logistics), will:

(1) Coordinate the defense transportation interest in public highways, including the implementation of subsection (h), section 210 of Title 23 U.S. Code, and integrate foreseen DoD highway needs and operational requirements into the highway programs of the United States, its territories and possessions.

(2) Review and analyze DoD access road needs, and, when appropriate, those of other Federal agencies from the standpoint of approved transportation engineering practices, statutory provisions, and policies and procedures of the Bureau of Public Roads, Department of Transportation.

(3) Represent the DoD in matters pertaining to highways to serve the national defense in liaison with the Bureau of Public Roads, the American Association of State Highway Officials, and other appropriate Government and non-Government agencies.

(4) Certify on behalf of the Secretary of Defense to the appropriate Government agency, the public highway needs of the DoD and, when appropriate, the needs of other Federal agencies, as being important to the national defense. (See section 210, Title 23, U.S. Code.)

(5) Advise and assist the Assistant Secretary of Defense (Comptroller) in matters pertaining to the (i) preparation and justification of budget requirements for defense access road needs, and (H) transfer of funds appropriated for this purpose to the Bureau of Public Roads.

(6) Develop and maintain an efficient relationship between the design of military vehicles and State and Federal standards for the design of public highways to ensure the effective and efficient utilization of such highways by military vehicles.

(7) Provide highway traffic engineering services to DoD components, when requested.

(8) Insure effective cooperation between the Department of Defense and state highway authorities in matters pertaining to special defense utilization of public highways.

(b) The other DoD Components will: (1) Maintain official liaison with the Executive Agent in matters pertaining to the provision of public highways to serve the national defense and the access road needs of new or expanded DoD installations and activities.

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