Rowan III DD- 405 - History

Rowan III DD- 405 - History

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Rowan III

(DD-405: dp. 1,850; 1. 340'6"; b. 35'5"; dr. 17'3"; s. 37 k.
cpl. 175; a. 4 5", 16 21" tt.; cl. Benham)

The third Rowan (DD-405) was laid down on 25 June 1937 by the Norfolk Navy Yard, Portsmouth, Va., launched 5 May 1938, sponsored by Miss Elizabeth H. Rowan, greatgranddaughter of Viee Admiral Rowan, and commissioned 23 September 1939, Lt. Comdr. B. R. Harrison, Jr., in command.

After shakedown in the Caribbean, Rowan departed Norfolk on 17 May 1940 for duty in the Pacific, based at San Diego. During the spring of 1941, however, U.S. involvement in the war in Europe increased. In May the limits of the Neutrality Patrol were extended and the Navy gradually expanded its responsibilities for protecting transatlantic convoys.

At the end of the month, Rowan was transferred to the Atlantic and assigned to the Neutrality Patrol. Through the spring and summer, she ranged from Newfoundland to the Caribbean. Then, in early November, she was ordered to escort Convoy WS-12X, carrying British reinforcements for the Near and Far East, from Halifax to Capetown.

Sailing from Halifax on 10 November, she reached Capetown on 9 December, 2 days after the United States entered World War II. In January 1942, she returned to the east coast of the United States and resumed convoy duty in the North Atlantic and the Caribbean. On 30 April she sailed east from Halifax to escort another convoy to the midocean rendezvous point. Upon departing the convoy on 10 May, she proceeded to Hvalfjardur, Iceland, and on the 11th joined TF 99, which was acting as a part of the British Home Fleet based at HvalfjOrdur and Seapa Flow.

At midmonth, she completed a "north about circuit" to Seydisfjardur, whence she patrolled, with TF 99, 150 miles east of the routes of convoys PQ-16 and QP-12 to intercept any German units which might sortie from Norway to destroy the convoys. The first convoy was bound for the north of Russia, the second on return from there.

On the 29th, TF 99 put into Seapa Flow and on 12 June got underway to return to Iceland and repeat its previous mission for convoys PQ-17 and QP-13. The latter had lost four merchantmen on its northward run and would lose, on its return, five more before reaching Reykjavik. Berlin had ordered the former, comprising 33 merchantmen, annihilated by a combined air-surface-submarine operation, "Rosselsprung".

PQ-17 departed Iceland on 27 June. Two days later the cruiser covering force, to which Rowan was attached, moved around to Seydisfjardur, whence they sortied on 1 July. On 2 July, Rowan was detached and assigned to PQ-17. That convoy, shadowed by German reeonnaissanee planes despite heavy fog, had already lost two freighters; one grounded, the other damaged by fee and ordered back.

As Rowan approached the convoy, the Luftwaffe moved in. Rowan shot down one of the attackers. No ships were lost. On the 3d, the weather protected the convoy from a bomber attack. Early on the 4th, however, the enemy planes began to penetrate through the fog. A Liberty ship went down shortly after 0300. The raids continued. By late afternoon four more ships had been hit, two of which sank.

Shortly thereafter, the convoy was ordered scattered and the escorts sent to support the cruisers in an anticipated engagement with German heavy units which were rumored to have left the fjords of Norway. The merchantment of PQ-17 steamed north, independently. Eleven ships got through to Russia.

Rowan, ordered to rejoin the cruisers on the 4th, returned to Ieeland with that force on the 7th. On the 13th, her division DesDiv 16, was relieved and on the 14th she headed back to the United States. Overhaul at Boston followed and in mid-August she resumed convoy escort duty with a run to Panama. In September, she trained and conducted patrols out of Norfolk, Va., and Portland, Maine, then, in October joined TF 34 for Operation "Torch," the invasion of North Africa.

On 7 November, she arrived off Fedhala with the assault force. Through the 9th she screened the transports. On the 10th, she patrolled off Casablanea and participated in action against Viehy ships attempting to turn back the invasion. On the 11th, she resumed screening in the transport area, and on the 12th she got underway to return to the United States.

Between December 1942 and April 1944, Rowan escorted two reinforcement and resupply convoys to Casablanea. On the second trip out, UGS 6, five merchantmen were lost to a wolfpack in 4 days, 13 to 17 March. In May the destroyer completed her last transatlantic run. At the end of the month she joined TF 80 at Mers-el-Kebir, Algeria, and for the next month conducted ASW patrols and escorted convoys along the North African coast

On 10 July, the invasion of Sicily began. On the 14th Rown arrived off the coast in the screen of a reinforcement convoy and commenced patrols off Gela. After the 20th, she shifted around to the northern shore and assumed patrol and escort work in the Palermo area. On the 26th she added shore bombardment, against enemy positions between Cefalu and Stefano di Camastra, and into August she supported the "leap frog" landings along the coast. She then returned to North Afriea to prepare for the landings on the Italian mainland at Salerno.

On 9 September,Rowan entered the Gulf of Salerno in the screen of the Southern Attack Foree. That day and the next as the assault force and supplies were landed at Paestum, she screened the transports and freighters. Late on the night of the 10th, she headed back to Oran with the emptied ships.

Shortly after midnight, German E-boats attacked. Rowan pursued and fired, then, as her quarry pulled away, ceased firing and changed course to rejoin the convoy.

Within 5 minutes a new contact was made, range—less than 3,000 yards. Again she changed course, to avoid torpedoes and bring her guns into position. As the range deereased to 2,000 yards, Rowan was hit by a torpedo. She sank in less than a minute, taking 202 of her 273 officers and men with her.

Rowan (DD-405) earned five battle stars during World War II.

Clean Water Act

The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment and maintaining the integrity of wetlands. [2]

  • Introduced in the Senateas S. 2770 byEdmund Muskie (D–ME) on October 28, 1971
  • Committee consideration bySenate Public Works Committee
  • Passed the Senate on November 2, 1971 (86-0)
  • Passed the House on March 29, 1972 (passed)
  • Reported by the joint conference committee on October 4, 1972 agreed to by the House on October 4, 1972 (366-11) and by the Senate on October 4, 1972 (74-0)
  • Vetoed by PresidentRichard Nixon[1]on October 17, 1972
  • Overridden by the Senate on October 17, 1972 (52-12)
  • Overridden by the House and became law on October 18, 1972 (247-23)
  • EI duPont de Nemours & Co. v. Train, 430U.S.112 (1977)
  • EPA v. Nat'l Crushed Stone Assn., 449U.S.64 (1980)
  • United States v. Riverside Bayview, 474U.S.121 (1985)
  • Solid Waste Agency of Northern Cook County v. Army Corps of Engineers, 531U.S.159 (2001)
  • South Fla. Water Management Dist. v. Miccosukee Tribe, 541U.S.95 (2004).
  • S. D. Warren Co. v. Maine Board of Environmental Protection, 547U.S.370 (2006)
  • Rapanos v. United States, 547U.S.715 (2006)
  • Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, 557U.S.261 (2009)
  • County of Maui v. Hawaii Wildlife Fund, No. 18-260, 590U.S. ___ (2020)

The Clean Water Act was one of the United States' first and most influential modern environmental laws. Its laws and regulations are primarily administered by the U.S. Environmental Protection Agency (EPA) in coordination with state governments, though some of its provisions, such as those involving filling or dredging, are administered by the U.S. Army Corps of Engineers. Its implementing regulations are codified at 40 C.F.R. Subchapters D, N, and O (Parts 100-140, 401-471, and 501-503).

Technically, the name of the law is the Federal Water Pollution Control Act. [3] The first FWPCA was enacted in 1948, but took on its modern form when completely rewritten in 1972 in an act entitled the Federal Water Pollution Control Act Amendments of 1972. [4] [1] Major changes have subsequently been introduced via amendatory legislation including the Clean Water Act of 1977 [5] and the Water Quality Act (WQA) of 1987. [6]

The Clean Water Act does not directly address groundwater contamination. Groundwater protection provisions are included in the Safe Drinking Water Act, Resource Conservation and Recovery Act, and the Superfund act.

Request Military Service Records

Recent military service and medical records are not online. However, most veterans and their next of kin can obtain free copies of their DD Form 214 (Report of Separation) and the following military service records any of the ways listed below.

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If you are unable to start the form online and prefer to submit a traditional request form, you can mail or Fax it:

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Allow about 10 days for us to receive and process your request before checking your request status.

Please indicate whether you know your request number using the buttons below:

You may also telephone the NPRC Customer Service Line (this is a long-distance call for most customers): 314-801-0800. Note: Our peak calling times are weekdays between 10:00 a.m. CT and 3:00 p.m. CT. Staff is available to take your call as early as 7:00 a.m. and as late as 5:00 p.m. CT.

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What if I’m not the Veteran or next-of-kin? Can I still access files?

  • It depends on the date the service member separated from the military. Military personnel records are open to the public 62 years after they leave the military. (To calculate this, take the current year and subtract 62.) Records of any veteran who separated from the military 62 (or more) years ago can be ordered by anyone for a copying fee (detailed below under “cost”). See Access to Military Records by the General Public for more details.

But what if it's been less than 62 years?

  • Records of individuals who left service less than 62 years ago are subject to access restrictions and only limited information or copies may be released to the general public within the provisions of the law. The Freedom of Information Act (FOIA) and the Privacy Act provide balance between the right of the public to obtain information from military service records and the right of the former military service member to protect his/her privacy. See Federal Records Center Program to access these records.

Cost: Most basic requests are free but it depends on the discharge date. (Learn more)

Free if Discharge Date is LESS than 62 years ago:

Generally there is no charge for basic military personnel and medical record information provided to veterans, next of kin and authorized representatives from Federal (non-archival) records.

Some companies advertise DD Form 214 research services and will charge a fee for obtaining copies. This is provided as a free service by the National Archives and Records Administration.

Costs for Discharge Dates MORE than 62 years ago:

There is a fee for records that are considered "Archival," which depends on the discharge date. If the request is made 62 years after the service member's separation from the military, the records are now open to the public and subject to the public fee schedule (44 USC 2116c and 44 USC 2307). This is a rolling date, the current year minus 62 years. Learn more.

These archival requests require the purchase of the COMPLETE photocopy of the Official Military Personnel File (OMPF):

  • A routine OMPFs of 5 pages or less: $25 flat fee
  • A routine OMPF of 6 pages or more: $70 flat fee (most OMPFs fall in this category) OMPF: $.80 cents per page ($20 minimum)

If your request involves a service fee, you will be notified as soon as that determination is made.

Response Time: most requests for separation documents can be processed within 10 days (Learn more)

Response times from NPRC vary depending on the complexity of your request, the availability of the records, and our workload.

  • Requests for separation documents DD 214 within 10 days (about 92% of the time)
  • Requests that involve reconstruction efforts due to the 1973 Fire, or older records that require extensive search efforts, may take 6 months or more to complete.

We work actively to respond to each request in a timely fashion, keep in mind we receive approximately 4,000 - 5,000 requests per day.

Please do not send a follow-up request before 90 days have elapsed, as it may cause further delays.

Who may request military service records?

You may request military service records (including DD 214) if you are:

  • A military veteran, or
  • Next of kin of a deceased, former member of the military.
    The next of kin can be any of the following:
    • Surviving spouse who has not remarried
    • Father
    • Mother
    • Son
    • Daughter
    • Sister
    • Brother

    Public access depends on the discharge date:

    Records are accessioned into the National Archives, and become archival, 62 years after the service member's separation from the military. This is a rolling date, the current year minus 62 years. See more information on records older than 62 years.

    Archival records are open to the public and can be ordered online for a copying fee. See Access to Military Records by the General Public for more details.

    What information do I need for the request?

    Required Information:

    Your request must contain certain basic information for us to locate your service records. This information includes:

    • The veteran's complete name used while in service
    • Service number
    • Social Security number
    • Branch of service
    • Dates of service
    • Date and place of birth (especially if the service number is not known).
    • If you suspect your records may have been involved in the 1973 fire, also include:
      • Place of discharge
      • Last unit of assignment
      • Place of entry into the service, if known.

      Recommended Information (optional):

      While this information is not required, it is extremely helpful to staff in understanding and fulfilling your request:

      • The purpose or reason for your request, such as applying for veterans benefits, preparing to retire, or researching your personal military history.
      • Any deadlines related to your request. We will do our best to meet any priorities. For example, if you were applying for a VA-guaranteed Home Loan and need to provide proof of military service by a specific date.
      • Any other specific information, documents, or records you require from your Official Military Personnel File (OMPF) besides your Report of Separation (DD Form 214).

      For additional details on what information may or may not be included, please see the Special Notice to Veterans and Family Members regarding requests for copies of military personnel and/or medical files.

      Where to Send My Request

      You can mail or fax your signed and dated request to the National Archives' National Personnel Record Center (NPRC). Be sure to use the address specified (either in the instructions on the SF-180 or in our online system, eVetRecs). Most, but not all records, are stored at the NPRC. (See full list of Locations of Military Service Records.)

      NPRC Fax Number :
      FAX: 314-801-9195

      NPRC Mailing Address:
      National Personnel Records Center
      Military Personnel Records
      1 Archives Drive
      St. Louis, MO 63138
      PHONE: 314-801-0800*
      *Our peak calling times are weekdays between 10:00 a.m. CT and 3:00 p.m. CT. Staff is available to take your call as early as 7:00 a.m. and as late as 5:00 p.m. CT.

      Please note that requests which are sent by Priority Mail, FedEx, UPS, or other "express" services will only arrive at the NPRC sooner. They will not be processed any faster than standard requests. See the section above on emergency requests and deadlines.

      Other Methods to Obtain Military Service Records

      Other potential methods to obtain your records include:

      Special Note on Contacting by Email: Requests for military personnel records or information from them cannot be accepted by email at this time. The Privacy Act of 1974 (5 U.S.C. 552a) and Department of Defense directives require a written request, signed and dated, to access information from military personnel records. Our email address should only be used only to request general information (hours of operations, procedures and forms) or to submit compliments, complaints, or concerns.

      NOTE: If you send messages using WebTV or a free-email service, you will not receive our response if your mailbox is full. Messages sent to full mailboxes are returned to us as "undeliverable." You may wish to include your mailing address in your message so that we may respond via the U.S. Postal Service.

      How Can I Check on the Status of My Request?

      Allow about 10 days for us to receive and process your request, then you may check on the status. If you know your request number, click the Check Status button below to go to the check status page.

      If you do not know your request number, please provide the following information using the Online Status Update Request form.

      The Dru Sjodin National Sex Offender Public Website was named to honor the memory of the 22-year-old college student originally from Minneapolis, Minnesota. Read more about Dru …

      The Dru Sjodin National Sex Offender Public Website (NSOPW) is an unprecedented public safety resource that provides the public with access to sex offender data nationwide. NSOPW is a partnership between the U.S. Department of Justice and state, territorial and tribal governments, working together for the safety of adults and children.

      The University of Oklahoma

      OU-Norman Weather Alert: Due to inclement weather, on Wednesday, Feb. 10, all Norman campus classes will move to remote online instruction. Employees able to work remotely should, and essential employees are to follow their current schedules. Click here for more information.

      Visit Campus

      Learn about spring 2021 on-campus experiences for prospective students.

      Stay updated with the latest information about the university's response to COVID-19.

      OU Together

      The University of Oklahoma announced today the appointment of André-Denis Wright as senior vice president and provost for the Norman campus, pending OU Board of Regents’ approval.

      The University of Oklahoma announced today the immediate end of its university-wide masking requirement and social distancing polices in accordance with updated CDC guidelines.

      The University of Oklahoma Board of Regents met today to consider the addition of the Cross Village complex to OU Housing’s suite of on-campus living facilities beginning this fall, the expansion of the doctor of dental surgery degree program to OU-Tulsa, the appointment of a new senior vice president and provost for the Norman campus and two new college deans, and other items. Read more

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      Первоклассное технологическое оборудование: от дозаторов до ротационных питателей, бункеров, силосов и т. д.

      Установки и системы

      Нестандартные комплексные решения для производства компаундов, перерабатывающей и обрабатывающей промышленности


      Международная сервисная сеть комплексного послепродажного обслуживания

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      Windows 10 cannot access shares on NAS

      In the latest updates for Windows 10 (and possibly other Windows versions, including Server 2016) Microsoft disabled the SMB version 1 protocol. The reason for this is this early version of the SMB protocol is inherently insecure and is considered a security risk.

      Most older Buffalo NAS devices do not support SMB version 2 or above. Currently there is no plan to update these older NAS devices to add support for newer SMB versions. It is therefore recommended that data on these units be migrated to a newer platform and the older NAS retired. All current Buffalo NAS units support SMB version 2 at a minimum, and the TS3010/TS3020/TS5010/TS6000/LS700 series support SMB version 3, which is currently the newest version of the SMB protocol.

      However, we understand that many users want to continue to use their existing NAS. In order for this to work, it&rsquos necessary to re-enable the SMB version 1 protocol. Please keep in mind that doing so will expose the system to additional security risk.

      Before taking this step, make sure that SMB version 2 is enabled on the NAS.

      1. Open the web interface click the configuration button next to &ldquoSMB&rdquo.

      2. Note whether the SMB2 protocol is enabled. If it isn&rsquot, click the &ldquoEdit&rdquo button.

      3. Click the radio button to enable the SMB2 protocol and click the &ldquoOK&rdquo button.

      Once this is done it may be necessary to restart the Windows client system in order to access the NAS using SMB2.

      If your NAS is older and does not provide the SMB2 option, it will be necessary to enable SMB1 on the Windows system.

      NOTE: Performing this procedure is not recommended by Microsoft. The SMB version 1 protocol is inherently insecure.

      1. Right-click on the Windows button and click &ldquoRun&rdquo from the menu.

      2. In the &ldquoRun&rdquo dialog box type in &ldquoControl Panel&rdquo and click &ldquoOK&rdquo.

      3. In the control panel, click the &ldquoPrograms and Features&rdquo item.

      4. On the left side of the window, click the option for &ldquoTurn Windows features on or off&rdquo. You will need to provide administrator credentials for this function if you are not currently logged in to an account with administrator access.

      5. Scroll down to find the option for &ldquoSMB1.0/CIFS File Sharing Support&rdquo and check the box to enable.

      6. Click the &ldquoOK&rdquo button to save the changes and close out all open windows. A restart may be required to enable this function.

      At this point you should be able to access the NAS with no problem. Remember to turn this function back off when you upgrade the NAS to a newer model with SMB2 support.

      Firearms Forms

      This form is a continuation of Section A of the attached ATF Form 4473 and is completed by the transferor/seller. When completed, this attachment is incorporated into and made part of the ATF Form 4473.

      Este formulario es continuación de Seccion A del Formulario 4473 de ATF y el transferidor/vendedor lo completa. Cuando esté completo, el documento será incorporado y será parte del Formulario 4473 de ATF.

      Used by federal firearms licensees (FFLs) to determine if they may lawfully sell or deliver a firearm to the person identified in Section B, and to alert the transferee/buyer of certain restrictions on the receipt and possession of firearms.

      This form is required of all Type 07 and Type 10 federal firearms licensees (FFLs) for reporting production data for the manufacture and exportation of firearms.

      Instead of printing this form and mailing it in, please consider using eForms to electronically complete and submit your AFMER form. You can complete the AFMER eForm at If you need assistance with eForms, send an email to [email protected]

      This is the form which is used by licensed manufacturers and importers requesting ATF approval to adopt markings on behalf of another manufacturer/importer during firearms manufacturing process. OMB No. 1140-0104 (07/31/2023)

      This form is used to obtain permission to temporarily or permanently move your registered National Firearms Act (NFA) machine gun, short barreled rifle or shotgun, or destructive device interstate. Persons other than qualified federal firearms licensees (FFLs) or government agencies are required to obtain this permission.

      This is a sample fingerprint card (FD-258) that is used when applying for a federal firearms license. This card can be order from the ATF Distribution Center online or by calling (703) 870-7526 or (703) 870-7528.

      This form is to request approval to make a NFA firearm. A making tax liability may be incurred.

      This form is used by qualified federal firearms licensees to report the manufacture or importation of an NFA firearm.

      This form is used to request approval to transfer a National Firearms Act (NFA) firearm from one qualified federal firearms licensee (FFL) to another qualified special taxpayer.

      Application for tax paid transfer and registration of firearm used to request approval to transfer a National Firearms Act (NFA) firearm subject to transfer tax liability. Typically submitted for a transfer to an individual or legal entity such as a trust.

      This form is used to register and pay to permanently import defense articles on the United States Munitions Import List.

      This form is used to apply the tax-exempt transfer of an unserviceable (welded) firearm to anyone other than a federal firearms licensee who has paid the required special (occupational) tax to deal in National Firearms Act (NFA) firearms and to or from government agencies.

      This form is used to apply to permanently import firearms, ammunition and implements of war.

      This form is used to apply to permanently import firearms, ammunition and implements of war. For use by active duty military members only.

      This form is used to obtain a release from the U.S. Customs and Border Protection (CBP) and notify ATF of actual importation of defense articles imported pursuant to an approved ATF Form 6 (Revised March 2021).

      This form is used to apply to temporarily import firearms and ammunition for lawful hunting or sporting purposes. For use by visiting foreign nationals (nonimmigrant aliens) only.

      This supplemental Part B of the ATF Form 7 / 7 CR (F 5310.12/F 5310.16), Application for Federal Firearms License, is required to be completed by each Responsible Person (RP) who will be on a new federal firearms license (FFL). The Form 7 / 7 CR itself only has space for one (1) RP’s information all additional RPs must complete and submit this form supplement. This supplement should also be used when adding RPs to an existing FFL. When submitting this form to add a Responsible Person to an already existing license, the form must be accompanied by a signed written request from a current/existing RP already on the license. We cannot process a form to add an additional RP to an existing license without the express written consent from an existing RP on the license.

      Subpart 12.2 - Special Requirements for the Acquisition of Commercial Items

      12.201 General.

      This subpart identifies special requirements for the acquisition of commercial items intended to more closely resemble those customarily used in the commercial marketplace, as well as other considerations necessary for proper planning, solicitation, evaluation, and award of contracts for commercial items.

      12.202 Market research and description of agency need.

      (a) Market research (see 10.001) is an essential element of building an effective strategy for the acquisition of commercial items and establishes the foundation for the agency description of need (see part 11), the solicitation, and resulting contract.

      (b) The description of agency need must contain sufficient detail for potential offerors of commercial items to know which commercial products or services may be suitable. Generally, for acquisitions in excess of the simplified acquisition threshold, an agency’s statement of need for a commercial item will describe the type of product or service to be acquired and explain how the agency intends to use the product or service in terms of function to be performed, performance requirement or essential physical characteristics. Describing the agency’s needs in these terms allows offerors to propose methods that will best meet the needs of the Government.

      (c) Follow the procedures in subpart 11.2 regarding the identification and availability of specifications, standards and commercial item descriptions.

      (d) Requirements documents for electronic and information technology must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR Part 1194 (see subpart 39.2).

      (e) When acquiring information technology using Internet Protocol, agencies must include the appropriate Internet Protocol compliance requirements in accordance with 11.002(g).

      12.203 Procedures for solicitation, evaluation, and award.

      (a) Contracting officers shall use the policies unique to the acquisition of commercial items prescribed in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in part 13, Simplified Acquisition Procedures part 14 Sealed Bidding or part 15, Contracting by Negotiation, as appropriate for the particular acquisition. The contracting officer may use the streamlined procedure for soliciting offers for commercial items prescribed in 12.603. For acquisitions of commercial items exceeding the simplified acquisition threshold but not exceeding $7.5 million ($15 million for acquisitions as described in 13.500 (c)), including options, contracting activities may use any of the simplified procedures authorized by subpart 13.5.

      (b) Contracting officers shall ensure the criteria at 15.101-2(c) are met when using the lowest price technically acceptable source selection process.

      12.204 Solicitation/contract form.

      (a) The contracting officer shall use the Standard Form 1449, Solicitation/Contract/Order for Commercial Items, if (1) the acquisition is expected to exceed the simplified acquisition threshold (2) a paper solicitation or contract is being issued and (3) procedures at 12.603 are not being used. Use of the SF 1449 is nonmandatory but encouraged for commercial acquisitions not exceeding the simplified acquisition threshold.

      (b) Consistent with the requirements at 5.203(a) and (h), the contracting officer may allow fewer than 15 days before issuance of the solicitation.

      12.205 Offers.

      (a) Where technical information is necessary for evaluation of offers, agencies should, as part of market research, review existing product literature generally available in the industry to determine its adequacy for purposes of evaluation. If adequate, contracting officers shall request existing product literature from offerors of commercial items in lieu of unique technical proposals.

      (b) Contracting officers should allow offerors to propose more than one product that will meet a Government need in response to solicitations for commercial items. The contracting officer shall evaluate each product as a separate offer.

      (c) Consistent with the requirements at 5.203(b), the contracting officer may allow fewer than 30 days response time for receipt of offers for commercial items, unless the acquisition is covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see 5.203(h)).

      12.206 Use of past performance.

      Past performance should be an important element of every evaluation and contract award for commercial items. Contracting officers should consider past performance data from a wide variety of sources both inside and outside the Federal Government in accordance with the policies and procedures contained in subpart 9.1,13.106, or subpart 15.3, as applicable.

      12.207 Contract type.

      (a) Except as provided in paragraph (b) of this section, agencies shall use firm-fixed-price contracts or fixed-price contracts with economic price adjustment for the acquisition of commercial items.

      (1) A time-and-materials contract or labor-hour contract (see subpart 16.6) may be used for the acquisition of commercial services when-

      (i) The service is acquired under a contract awarded using-

      (A) Competitive procedures (e.g., the procedures in 6.102, the set-aside procedures in subpart 19.5, or competition conducted in accordance with part 13)

      (B) The procedures for other than full and open competition in 6.3 provided the agency receives offers that satisfy the Government’s expressed requirement from two or more responsible offerors or

      (C) The fair opportunity procedures in 16.505 (including discretionary small business set-asides under 16.505(b)(2)(i)(F)), if placing an order under a multiple-award delivery-order contract and

      (ii) The contracting officer-

      (A) Executes a determination and findings (D&F) for the contract, in accordance with paragraph (b)(2) of this section (but see paragraph (c) of this section for indefinite-delivery contracts), that no other contract type authorized by this subpart is suitable

      (B) Includes a ceiling price in the contract or order that the contractor exceeds at its own risk and

      (C) Prior to increasing the ceiling price of a time-and-materials or labor-hour contract or order, shall-

      (1) Conduct an analysis of pricing and other relevant factors to determine if the action is in the best interest of the Government

      (2) Document the decision in the contract or order file and

      (3) When making a change that modifies the general scope of-

      (i) A contract, follow the procedures at 6.303

      (ii) An order issued under the Federal Supply Schedules, follow the procedures at 8.405-6 or

      (iii) An order issued under multiple award task and delivery order contracts, follow the procedures at 16.505(b)(2).

      (2) Each D&F required by paragraph (b)(1)(ii)(A) of this section shall contain sufficient facts and rationale to justify that no other contract type authorized by this subpart is suitable. At a minimum, the D&F shall-

      (i) Include a description of the market research conducted (see 10.002(e))

      (ii) Establish that it is not possible at the time of placing the contract or order to accurately estimate the extent or duration of the work or to anticipate costs with any reasonable degree of confidence

      (iii) Establish that the requirement has been structured to maximize the use of firm-fixed-price or fixed-price with economic price adjustment contracts (e.g., by limiting the value or length of the time-and-material/labor-hour contract or order establishing fixed prices for portions of the requirement) on future acquisitions for the same or similar requirements and

      (iv) Describe actions planned to maximize the use of firm-fixed-price or fixed-price with economic price adjustment contracts on future acquisitions for the same requirements.

      (3) See 16.601(d)(1) for additional approval required for contracts expected to extend beyond three years.

      (4) See 8.404(h) for the requirement for determination and findings when using Federal Supply Schedules.

      (1) Indefinite-delivery contracts (see subpart 16.5) may be used when-

      (i) The prices are established based on a firm-fixed-price or fixed-price with economic price adjustment or

      (ii) Rates are established for commercial services acquired on a time-and-materials or labor-hour basis.

      (2) When an indefinite-delivery contract is awarded with services priced on a time-and-materials or labor-hour basis, contracting officers shall, to the maximum extent practicable, also structure the contract to allow issuance of orders on a firm-fixed-price or fixed-price with economic price adjustment basis. For such contracts, the contracting officer shall execute the D&F required by paragraph (b)(2) of this section, for each order placed on a time-and-materials or labor-hour basis. Placement of orders shall be in accordance with subpart 8.4 or 16.5, as applicable.

      (3) If an indefinite-delivery contract only allows for the issuance of orders on a time-and-materials or labor-hour basis, the D&F required by paragraph (b)(2) of this section shall be executed to support the basic contract and shall also explain why providing for an alternative firm-fixed-price or fixed-price with economic price adjustment pricing structure is not practicable. The D&F for this contract shall be approved one level above the contracting officer. Placement of orders shall be in accordance with subpart 16.5.

      (d) The contract types authorized by this subpart may be used in conjunction with an award fee and performance or delivery incentives when the award fee or incentive is based solely on factors other than cost (see 16.202-1 and 16.203-1).

      (e) Use of any contract type other than those authorized by this subpart to acquire commercial items is prohibited.

      12.208 Contract quality assurance.

      Contracts for commercial items shall rely on contractors’ existing quality assurance systems as a substitute for Government inspection and testing before tender for acceptance unless customary market practices for the commercial item being acquired include in-process inspection. Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice.

      12.209 Determination of price reasonableness.

      While the contracting officer must establish price reasonableness in accordance with 13.106-3,14.408-2, or subpart 15.4, as applicable, the contracting officer should be aware of customary commercial terms and conditions when pricing commercial items. Commercial item prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller’s liability, quantities ordered, length of the performance period, and specific performance requirements. The contracting officer must ensure that contract terms, conditions, and prices are commensurate with the Government’s need.

      12.210 Contract financing.

      Customary market practice for some commercial items may include buyer contract financing. The contracting officer may offer Government financing in accordance with the policies and procedures in part 32.

      12.211 Technical data.

      Except as provided by agency-specific statutes, the Government shall acquire only the technical data and the rights in that data customarily provided to the public with a commercial item or process. The contracting officer shall presume that data delivered under a contract for commercial items was developed exclusively at private expense. When a contract for commercial items requires the delivery of technical data, the contracting officer shall include appropriate provisions and clauses delineating the rights in the technical data in addenda to the solicitation and contract (see part 27 or agency FAR supplements).

      12.212 Computer software.

      (a) Commercial computer software or commercial computer software documentation shall be acquired under licenses customarily provided to the public to the extent such licenses are consistent with Federal law and otherwise satisfy the Government’s needs. Generally, offerors and contractors shall not be required to-

      (1) Furnish technical information related to commercial computer software or commercial computer software documentation that is not customarily provided to the public or

      (2) Relinquish to, or otherwise provide, the Government rights to use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as mutually agreed to by the parties.

      (b) With regard to commercial computer software and commercial computer software documentation, the Government shall have only those rights specified in the license contained in any addendum to the contract. For additional guidance regarding the use and negotiation of license agreements for commercial computer software, see 27.405-3.

      12.213 Other commercial practices.

      It is a common practice in the commercial marketplace for both the buyer and seller to propose terms and conditions written from their particular perspectives. The terms and conditions prescribed in this part seek to balance the interests of both the buyer and seller. These terms and conditions are generally appropriate for use in a wide range of acquisitions. However, market research may indicate other commercial practices that are appropriate for the acquisition of the particular item. These practices should be considered for incorporation into the solicitation and contract if the contracting officer determines them appropriate in concluding a business arrangement satisfactory to both parties and not otherwise precluded by law or Executive order.

      12.214 Cost Accounting Standards.

      Cost Accounting Standards (CAS) do not apply to contracts and subcontracts for the acquisition of commercial items when these contracts and subcontracts are firm-fixed-price or fixed-price with economic price adjustment (provided that the price adjustment is not based on actual costs incurred). See 30.201-1 for CAS applicability to fixed-price with economic price adjustment contracts and subcontracts for commercial items when the price adjustment is based on actual costs incurred. When CAS applies, the contracting officer shall insert the appropriate provisions and clauses as prescribed in 30.201.

      12.215 Notification of overpayment.

      If the contractor notifies the contracting officer of a duplicate payment or that the Government has otherwise overpaid, the contracting officer shall follow the procedures at 32.604.

      12.216 Unenforceability of unauthorized obligations.

      Many supplies or services are acquired subject to supplier license agreements. These are particularly common in information technology acquisitions, but they may apply to any supply or service. For example, computer software and services delivered through the internet (web services) are often subject to license agreements, referred to as End User License Agreements (EULA), Terms of Service (TOS), or other similar legal instruments or agreements. Many of these agreements contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.S.C. 1341) if agreed to by the Government. Paragraph (u) of the clause at 52.212-4 prevents any such violations.

      Annual Wellness Visit

      (hhh)(1) The term “personalized prevention plan services” means the creation of a plan for an individual—

      (A) that includes a health risk assessment (that meets the guidelines established by the Secretary under paragraph (4)(A)) of the individual that is completed prior to or as part of the same visit with a health professional described in paragraph (3) and

      (i) takes into account the results of the health risk assessment and

      (ii) may contain the elements described in paragraph (2).

      (2) Subject to paragraph (4)(H), the elements described in this paragraph are the following:

      (A) The establishment of, or an update to, the individual’s medical and family history.

      (B) A list of current providers and suppliers that are regularly involved in providing medical care to the individual (including a list of all prescribed medications).

      (C) A measurement of height, weight, body mass index (or waist circumference, if appropriate), blood pressure, and other routine measurements.

      (D) Detection of any cognitive impairment.

      (E) The establishment of, or an update to, the following:

      (i) A screening schedule for the next 5 to 10 years, as appropriate, based on recommendations of the United States Preventive Services Task Force and the Advisory Committee on Immunization Practices, and the individual’s health status, screening history, and age-appropriate preventive services covered under this title.

      (ii) A list of risk factors and conditions for which primary, secondary, or tertiary prevention interventions are recommended or are underway, including any mental health conditions or any such risk factors or conditions that have been identified through an initial preventive physical examination (as described under subsection (ww)(1)), and a list of treatment options and their associated risks and benefits.

      (F) The furnishing of personalized health advice and a referral, as appropriate, to health education or preventive counseling services or programs aimed at reducing identified risk factors and improving self-management, or community-based lifestyle interventions to reduce health risks and promote self-management and wellness, including weight loss, physical activity, smoking cessation, fall prevention, and nutrition.

      (G) Screening for potential substance use disorders and referral for treatment as appropriate.

      (H) The furnishing of a review of any current opioid prescriptions (as defined in subsection (ww)(4)). [542]

      (I) Any other element determined appropriate by the Secretary.

      (3) A health professional described in this paragraph is—

      (B) a practitioner described in clause (i) of section 1842(b)(18)(C) or

      (C) a medical professional (including a health educator, registered dietitian, or nutrition professional) or a team of medical professionals, as determined appropriate by the Secretary, under the supervision of a physician.

      (4)(A) For purposes of paragraph (1)(A), the Secretary, not later than 1 year after the date of enactment of this subsection, shall establish publicly available guidelines for health risk assessments. Such guidelines shall be developed in consultation with relevant groups and entities and shall provide that a health risk assessment—

      (i) identify chronic diseases, injury risks, modifiable risk factors, and urgent health needs of the individual and

      (I) through an interactive telephonic or web-based program that meets the standards established under subparagraph (B)

      (II) during an encounter with a health care professional

      (III) through community-based prevention programs or

      (IV) through any other means the Secretary determines appropriate to maximize accessibility and ease of use by beneficiaries, while ensuring the privacy of such beneficiaries.

      (B) Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish standards for interactive telephonic or web-based programs used to furnish health risk assessments under subparagraph (A)(ii)(I). The Secretary may utilize any health risk assessment developed under section 4004(f) of the Patient Protection and Affordable Care Act as part of the requirement to develop a personalized prevention plan to comply with this subparagraph.

      (C)(i) Not later than 18 months after the date of enactment of this subsection, the Secretary shall develop and make available to the public a health risk assessment model. Such model shall meet the guidelines under subparagraph (A) and may be used to meet the requirement under paragraph (1)(A).

      (ii) Any health risk assessment that meets the guidelines under subparagraph (A) and is approved by the Secretary may be used to meet the requirement under paragraph (1)(A).

      (D) The Secretary may coordinate with community-based entities (including State Health Insurance Programs, Area Agencies on Aging, Aging and Disability Resource Centers, and the Administration on Aging) to—

      (i) ensure that health risk assessments are accessible to beneficiaries and

      (ii) provide appropriate support for the completion of health risk assessments by beneficiaries.

      (E) The Secretary shall establish procedures to make beneficiaries and providers aware of the requirement that a beneficiary complete a health risk assessment prior to or at the same time as receiving personalized prevention plan services.

      (F) To the extent practicable, the Secretary shall encourage the use of, integration with, and coordination of health information technology (including use of technology that is compatible with electronic medical records and personal health records) and may experiment with the use of personalized technology to aid in the development of self-management skills and management of and adherence to provider recommendations in order to improve the health status of beneficiaries.

      (G) A beneficiary shall be eligible to receive only an initial preventive physical examination (as defined under subsection (ww)(1)) during the 12-month period after the date that the beneficiary’s coverage begins under part B and shall be eligible to receive personalized prevention plan services under this subsection each year thereafter provided that the beneficiary has not received either an initial preventive physical examination or personalized prevention plan services within the preceding 12-month period.

      (H) The Secretary shall issue guidance that—

      (i) identifies elements under paragraph (2) that are required to be provided to a beneficiary as part of their first visit for personalized prevention plan services and

      (ii) establishes a yearly schedule for appropriate provision of such elements thereafter.

      (1) The term “home infusion therapy” means the items and services described in paragraph (2) furnished by a qualified home infusion therapy supplier (as defined in paragraph (3)(D)) which are furnished in the individual's home (as defined in paragraph (3)(B)) to an individual—

      (A) who is under the care of an applicable provider (as defined in paragraph (3)(A)) and

      (B) with respect to whom a plan prescribing the type, amount, and duration of infusion therapy services that are to be furnished such individual has been established by a physician (as defined in subsection (r)(1)) and is periodically reviewed by a physician (as so defined) in coordination with the furnishing of home infusion drugs (as defined in paragraph (3)(C)) under part B.

      (2) The items and services described in this paragraph are the following:

      (A) Professional services, including nursing services, furnished in accordance with the plan.

      (B) Training and education (not otherwise paid for as durable medical equipment (as defined in subsection (n)), remote monitoring, and monitoring services for the provision of home infusion therapy and home infusion drugs furnished by a qualified home infusion therapy supplier.

      (3) For purposes of this subsection:

      (A) The term “applicable provider” means—

      (ii) a nurse practitioner and

      (iii) a physician assistant.

      (B) The term “home” means a place of residence used as the home of an individual (as defined for purposes of subsection (n)).

      (C) The term “home infusion drug” means a parenteral drug or biological administered intravenously, or subcutaneously for an administration period of 15 minutes or more, in the home of an individual through a pump that is an item of durable medical equipment (as defined in subsection (n)). Such term does not include the following:

      (ii) A self-administered drug or biological on a self- administered drug exclusion list.

      (D)(i) The term “qualified home infusion therapy supplier” means a pharmacy, physician, or other provider of services or supplier licensed by the State in which the pharmacy, physician, or provider or services or supplier furnishes items or services and that—

      (I) furnishes infusion therapy to individuals with acute or chronic conditions requiring administration of home infusion drugs

      (II) ensures the safe and effective provision and administration of home infusion therapy on a 7-day-a-week, 24-hour-a-day basis

      (III) is accredited by an organization designated by the Secretary pursuant to section 1834(u)(5) and

      (IV) meets such other requirements as the Secretary determines appropriate, taking into account the standards of care for home infusion therapy established by Medicare Advantage plans under part C and in the private sector.

      (ii) A qualified home infusion therapy supplier may subcontract with a pharmacy, physician, provider of services, or supplier to meet the requirements of this subparagraph. [543]

      (jjj) [544] Opioid Use Disorder Treatement Services Opioid Treatment Program.—

      (1) Opioid use disorder treatment services.— The term “opioid use disorder treatment services” means items and services that are furnished by an opioid treatment program for the treatment of opioid use disorder, including—

      (A) opioid agonist and antagonist treatment medications (including oral, injected, or implanted versions) that are approved by the Food and Drug Administration under section 505 of the Federal Food, Drug, and Cosmetic Act [545] for use in the treatment of opioid use disorder

      (B) dispensing and administration of such medications, if applicable

      (C) substance use counseling by a professional to the extent authorized under State law to furnish such services

      (D) individual and group therapy with a physician or psychologist (or other mental health professional to the extent authorized under State law)

      (F) other items and services that the Secretary determines are appropriate (but in no event to include meals or transportation).

      (2) Opioid treatment Program.— The term “opioid treatment program” means an entity that is an opioid treatment program (as defined in section 8.2 [546] of title 42 of the Code of Federal Regulations, or any successor regulation) that—

      (A) is enrolled under section 1866(j)

      (B) has in effect a certification by the Substance Abuse and Mental Health Services Administration for such a program

      (C) is accredited by an accrediting body approved by the Substance Abuse and Mental Health Services Administration and

      (D) meets such additional conditions as the Secretary may find necessary to ensure—

      (i) the health and safety of individuals being furnished services under such program and

      (ii) the effective and efficient furnishing of such services.

      [495] See Vol. II, P.L. 94-437, §403, with respect to an accounting of funds which must be included in the Secretary’s annual report.

      See Vol. II, P.L. 105-33, §4105(c), with respect to the establishment of outcome measures for beneficiaries with diabetes.

      See Vol. II, P.L. 108-173, §434, with respect to a frontier extended stay clinic demonstration project §651, with respect to demonstration project on coverage of chiropractic services under Medicare §702, with respect to a demonstration project to clarify the definition of homebound and §926(a), with respect to availability of information relating to Medicare skilled nursing facilities.

      [496] P.L.114-113, §504(b)(2) inserted “and applicable disposable devices (as defined in section 1834(s)(2))” after “durable medical equipment”. Effective for devices furnished on or after January 1, 2017.

      [497] P.L.114-255, §5012(c)(3) inserted “and home infusion therapy (as defined in subsection (iii)(i))” before the period in the first sentence, Effective for items and services furnished on or after January 1, 2021.

      [498] P.L. 114󈞔, §2(a), inserted “and eye tracking and gaze interaction accessories for speech generating devices furnished to individuals with a demonstrated medical need for such accessories” after “appropriate organizations”. Effective for devices furnished on or after January 1, 2016.

      [499] P.L. 114-10, §513 struck paragraph (7) Inserted replacement paragraph (7). Effective April 16, 2015

      [500] See Vol. II, P.L. 114󈝶, §514, with respect to oversight of Medicare coverage of manual manipulation of the spine to correct subluxation.

      [501] P.L. 114-27, §808(a) Inserted “, including such renal dialysis services furnished on or after January 1, 2017, by a renal dialysis facility or provider of services paid under section 1881(b)(14) to an individual with acute kidney injury (as defined in section 1834(r)(2)) “. Effective April 16, 2015

      [502] P.L.114-255, §5012(a)(1), (A) struck “and” at the end of subparagraph (EE) (B) inserted “and” at the end of subparagraph (FF) and (C) inserted new subparagraph (GG), Effective with respect to items and services furnished on or after January 1, 2021.

      [503] P.L. 115�, §2005, struck “and” at end of subparagraph (FF) inserted “and” at end of subparagraph (GG) and added subparagraph (HH). Effective October 24, 2018.

      [505] See Vol. II, P.L. 100-203 §4071(b).

      [506] P.L. 100-203, §4072(e), provided for a final report to be issued not later than April 1, 1993 and the amendments made §4072(e) shall become effective on the first day of the first month (May 1, 1993 to begin after such report is submitted to the Congress.

      The final report was issued Apr. 26, 1993. See Cong. Rec., vol. 139, pt. 7, p. 10460, Ex. Comm. 1252.

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