Free Response to Motion - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST

W A TIS-HEALY TIBBITS A JV

Plaintiff,
v.

No.08-26IC
(Senior Judge Smith)

THE UNITED STATES,
Defendant.

PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO FILE POST-HEARING DECLARATION OF HERBERT SHINSATO
Plaintiff, WATTS-HEALY TIBBITTS A JV ("WHT -JV") through its undersigned counsel,
opposes the late filing of the Declaration of

Herber Shinsato, purrtedly offered to respond to

Plaintiffs reference to the Unified Facilities Guide Specifications ("UFGS") at the hearing on April

15,2008. Aside from the fact that the Plaintiffs reference to the Defendant's "Guide Specifications"
should not have come as a surrise, since the guide specification is an agency document, the

Defendant had ample opportunity to respond, and did resDond, to Your Honor's questions at the
hearng on April 15, 2008. The UFGS was refered to by the Plaintiff to show that the agency

had

previously interreted the application of the Amercan Preference Policy in a maner that was entirely
consistent with the Plaintiffs understanding. In that guidance, the Defendant ("NA VF AC") stated
that "to qualifY as a U.S. contractor, the firm (or if a

joint ventue, all members ofthejoint ventue)
was dated April

must be incorporated in the U.S.. . ." The UFGS referenced by the Plaintiff

2007,

and was revised bv the Defendant NA VF AC as stated on the first page of the UFGS.

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The UFGS is issued pursuant to Deparent of

Defense MIL-STD-3007F, which provides

that the guide specifications shall be used in all DoD agencies and applied to all constrction, repair,

and maintenance projecs. (MIL-STD-3007F, p. I) (See Exhibit A). On page three ofMIL-STD3007F, the DoD states that "The UFC and UFGS systems were designed to standardize and

streamline the process for developing, maintaining, and disseminating criteria in support of the
Militar Constrction Appropriations Act of 1998." In paragraph 4.2, "Approach," on page three,

DoD provides that "The engineeng Senior Executive Panel (ESEP) was established in 1999 by the
DoD Installations Policy Board to implement the UFC and UFGS system for DoD." Accordingly,

contrar to the Defendant's assertion at the hearng, the guide specification embodying the definition
of "U.S. contractor" as one that includes a

joint venture where both members are U.S. contractors,

does not Drecede the 1997 DFARS 252.236-7010, but it was adopted after the issuance ofthat
regulation. It should also be noted that according to DoD Directive 4270.5, dated Februar 2,2005, it

is DoD policy that "the UFGS shall be used to the greatest extent possible by all the DoD components
for planing, design, and constrction (restoration and modernization) of facilities regardless of

funding source. . . ." (See Exhibit B, para. 4.7.)
The Plaintiff simply refered to the UFGS to demonstrate that the Defendant, even it its 2007
guide specifications, continued to define a U.S. contractor as a "firm incorporated in the United States
or, if a

joint ventue, one where all members are incorporated in the United States." This makes
the Congress would exempt one U.S. firm incorporated in the

perfect sense because it follows that if

United States from the twenty percent preference, that it would also allow two U.S. firms

incorporated in the United States to join together and stil be exe,pt. The converse is not true,
however, because if one foreign firm is subject to the twenty percent preference, that firm should not

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be able to circumvent the American Preference policy

by simply forming a

joint venture with a U.S.

firm.

Despite the Defendant's protestations to the contrary at the hearng, the Declaration of Melvin
S. Yohiura, which the Defendant filed on the afteroon of the hearng in support of

its opposition to

the requested temporar restraining order, makes it clear that the Defendant has been defining a joint

venture as an entity that must include members who are all U.S. corporations since 1997 and as
recently

as 2006. Mr. Yoshimura stated the following:

NA VFAC's application ofthe American Preference Policy and DFARS 252.236-7010 has not been consistent in the past. One example is RFP N62742-06-R-1308, Design Build FY06 H-649IFY07 H-663, Replace Typhoon Damaged Homes at North Tipalao, Phase I and II, COMNA VMARIANAS, GUAM ("Tipalao Housing). . . . .
In the Tipalao FRP, NA VFAC Pacific included the following language:

To qualifY as a U.S. contractor, the firm (or if a joint ventue, all members of the joint venture, must be incorporated in the U.S. and comply with the following: (a) the corporate headquarers shall be in the U.S.. . . .
The defendant's assertion that the 1997 DFARS 252.236-7010 somehow overtook the guide
specification, which the Defendant incorrectly asserted was adopted in 1984, is simply not true.
Respectfully submitted,

Date: April

17, 2008

Isl Michael H. Payne Michael H. Payne, Esquire Payne Hackenbracht & Sullivan 220 Commerce Dr., Suite 100

Ft Washington, PA 19034
215-542-2777 1215-542-2779( fax)

Record for WATTS-HEALY TffBITTS, A JOINT VENTURE
Attorney of

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Counsel: Joseph A. Hackenbracht, Esquire Timothy A. Sullivan, Esquire Payne Hackenbracht & Sullivan
Of

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EXHIBIT A

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NOT MEASUREMENT

SENSITIVE

MIL-STD-3007F
13 December 2006 SUPERSEDING

MIL-STD-3007E
15 February 2006

DEPARTMENT OF DEFENSE STANARD PRACTICE

STANARD PRACTICE FOR UNIFIED FACILITIES CRITERIA AN UNIFIED FACILITIES GUIDE SPECIFICATIONS

AMSC N/A AREA FACR
DISTRIBUTION STATEMENT A. APPROVED FOR PUBLIC RELEASE: DISTRIBUTION IS UNIMITED.

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MIL-STD-3007F

FOREWORD

1. This standard is approved for use by the Department of the Army, the Department of the Air Force and the Department of the Navy and is available for use by all Departments and Agencies of the Department of Defense.

2. This standard establishes procedures for the development and maintenance of Unified Facilities Criteria (UFC) and Unified Facilities Guide Specifications (UFGS). Use these procedures for the planning, design, construction, operation and maintenance, sustainment, restoration, and modernization of facilities for the Army, Navy, Air Force, Department of Defense (DoD) defense agencies, and DoD field activities.

should be addressed to:

3. Comments, suggestions, or questions on this document

Commander, Naval Facilities Engineering Command Capital Improvements, Engineering Criteria and Programs 6506 Hampton Blvd., Norfolk, VA 23508-1278 telephone commercial (757) 322-4200 facsimile machine (757) 322-4416

or emailedtocarl.kersten0navy.mil . Since contact information can change, you may want to verify the currency of this address information using the ASSIST Online database at
htttil assist :9~F~,-cila"-iill .

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MIL-STD-3007F
CONTENTS
PARAGRAPH

1.
1. 1
1. 2

SCOPE 1

PAGE

FOREWORD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1. 2.1
1. 3

Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2.

2.1 2.2
2.3 2.4
3.

APPLICABLE. .DOCUMENTS. .1 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Government documents.................................. 1 Other Government documents, drawings, and publicationsl

Existing Criteria.......................... . . . . . . . . . . . 1

2.2.1

3.1 3.2 3.3
4.

DEFINITIONS 2
GENERAL. . REQUIREMENTS. .2 Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Appendix B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Order of Precedence................................... 2

Discipline Working Group (DWG)........................ 2 Technical Proponent................................... 2 Technical Representative.............................. 2

4.1 4.2 4.3 4.4 4.5 4.6 4.7
5.

Approach. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

4.3.1 4.3.2

Program List. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Program Coordination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Criteria Development.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Metric. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Format Standards...................................... 5

Programming and Scheduling....... . . . . . . . . . . . . . . . . . . . . .3

Availability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
DETAILED REQUIREMENTS 5 MAAGEMENT PROCEDURES FOR UNIFIED FACILITIES CRITERIA (UFC) .................................................5

5.1

5.1.1 5.1.2 5.1.3 5.1.3.1 5.1.3.2 5.1.3.3 5.1.3.4 5.1.3.5 5.1.3.6 5.1.4

Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Issuance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Designation of UFC on the Same Subj ects. . . . . . . . . . . . . . .6 Designation of Other UFC... . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Draft UFC Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Draft UFC Comment Period.............................. 6

Final UFC Submittal..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Special Approval by Governing Agencies. . . . . . . . . . . . . . . .6
Records Maintenance........ . . . . . . . . . . . . . . . . . . . . . . . . . . .7

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MIL-STD-3007F

5.1.5 5.1.6 5.1.7
5.2

UFC Validation.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Feedback. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

5.1.7.l

Waivers and Exemptions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Definitions........................................... Normal Process........................................ Special Agency Authorization.......................... MAAGEMENT PROCEDURES FOR UNIFIED FACILITIES GUIDE SPECIFICATIONS (UFGS)................................. UFGS System........................................... 7 7 8

5.1.7.2 5.1.7.3
5.2.1 5.2.1.1 5.2.1.2 5.2.1.3 5.2.1.4 5.2.1.5 5.2.1.6 5.2.2 5.2.3 5.2.3.1 5.2.3.2 5.2.3.3 5.2.3.4 5.2.4 5.2.5 5.2.6 5.2.7 5.2.7.1 5.2.7.2 5.2.7.3

8 8

Designation of UFGS on the Same Subj ects. . . . . . . . . . . . . .8 Designation of Other UFGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Preparing Activity (PA) Assignments................... 9

UFGS Master Databases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 UFGS System Master. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
UFGS Master Index..................................... 9

UFGS General Maintenance Fund.. . . . . . . . . . . . . . . . . . . . . . . .9

Document Approvals and Publication.... . . . . . . . . . . . . . . . .9 Draft UFGS Review........... . . . . . . . . . . . . . . . . . . . . . . . . . .9

Draft UFGS Comment Period........................... .LO Final UFGS Submittal................................. LO Approval Controls.................................... LO

Reporting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LO Change s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lO
Automated Updating of Reference Publications......... LO

Suggestions and Comments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . II
Comment Resolution.................................. .ll

6 . NOTES 11
Response to Reviewers...... . . . . . . . . . . . . . . . . . . . . . . . . . . II

Level of Effort and Funding.. . . . . . . . . . . . . , . . . . . . . . . . .11

6.1 Additional Compliance Documents....... . . . . . . . . . . . . . . . II

6.2 Subject Term (Key Word) Listing..................... .ll

APPENDIX A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l2

APPENDIX B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l6

CONCLUDING MATERIAL...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29;&

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MIL-STD-3007F
1. SCOPE

1.1 Purpose. This standard establishes procedures for
the development and maintenance of Unified Facilities Criteria (UFC) and Unified Facilities Guide Specifications (UFGS) and prescribes their use by the Army, Navy, Marine Corps, Air Force, Department of Defense (DoD) defense agencies, and DoD field activities. All DoD components are adopting the concept and practice of sustainable design and development and the use of

proj ect rating and scoring systems such as Leadership in

Environmental and Energy Design (LEED). These and other concepts should encourage innovation and alternatives to the traditional planning, design, construction, and maintenance process. The UFC/UFGS criteria program will implement the concepts of sustainable design and development and continuous innovation into the facilities acquisition and maintenance processes.

1.2 Applicabilitv. UFC and UFGS provide facility
planning, design, construction, operations, and maintenance criteria for DoD components and participating organizations. UFC and UFGS apply to all construction, repair, and maintenance

proj ects .

1.2.1 Authoritv. This standard establishes a unified design guidance program in accordance with House Conference Report 105-247, dated 9 September 1997, and the tri-service Unified Design Guidance Report to the congressional defense committees, dated March 1998, and as directed by the Office of the Deputy Under Secretary of Defense (DUSD) letter dated May 2001 and DoD Directive (DODD) 4270.5 dated February 12, 2005. UFC and UFGS are developed jointly by the Army, Navy, Marine Corps, Air Force, and other defense agencies.

1.3 Existinq Criteria. Where there is no UFC or UFGS,
existing criteria is still in effect and should be used until superseded or incorporated into a UFC or UFGS.

2. APPLICABLE DOCUMENTS

2.1 General. The documents listed in this section are
specified in sections 3, 4 or 5 of this standard. This section does not include documents cited in other sections of this standard or recommended for additional information or as examples. While every effort has been made to ensure the completeness of this list, document users are cautioned that they must meet all specified requirements of documents cited in sections 3, 4 or 5 of this standard, whether or not they are

listed.

2.2 Government documents.

publications.

2.2.1 Other Government documents, drawinqs, and

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MIL-STD-3007F

DEPARTMENT OF DEFENSE

UFC 1-300-01 - Criteria Format Standard UFC 1-300-02 - Unified Facilities Guide Specifications Format Standard

2 . 3 Appendix B. UFC and UFGS documents will be in compliance with and will implement the requirements documents contained in APPENDIX B.

of all

developed

2.4 Order of Precedence. If information in this document

higher - level mandates such as publ ic laws, execut i ve orders,
exemption has been obtained.
3 . DEFINITIONS

conflicts with references cited herein, the text of this standard takes precedence; however, this document does not supersede
regulations, DODD, and DoD Instructions (DODI) unless a specific

3.1 Discipline Workinq Group (DWG). Representatives from
the DoD components responsible for the unification and maintenance of criteria documents.

3.2 Technical Proponent. Representative from a
participating organization responsible for coordinating the unification and maintenance of a criteria document. The technical proponent may be a DWG member.

3.3 Technical Representative. Author of a particular
criteria document or the working-level representative from another participating organization for a particular document.
4 . GENERAL REQUIREMENTS

4 . 1 Backqround.
a. Language on unified design guidance in House Conference Report 105-247, dated 9 September 1997, accompanying Conference Committee on House Report (H.R.) 2016, Military Construction Appropriations Act, 1998, directed DoD and the services to establish procedures for unification of facilities criteria. The three military departments, under the auspices of the Office of the Secretary of Defense (OSD) , established a working group to address unification issues. The working group surveyed existing procedures, criteria, and guide specifications, evaluated the extent of criteria uniformity, identified areas where greater uniformi ty is practical, analyzed options for management of a uniform guidance system, and submitted recommendations to the congressional defense committees in response to the House direction. This document implements those recommendations.

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MIL-STD-3007F
b. The UFC and UFGS systems were designed to standardize and streamline the process for developing, maintaining, and disseminating criteria in support of the Military Construction Appropriations Act of 1998. The working group concluded that the use of discipline working groups is the most efficient method of achieving criteria uniformity. This approach maintains specialized expertise in each service and enhances the ability to provide rapid responses to technical and political issues.

4.2 Approach. The Engineering Senior Executive Panel
(ESEP) was established in 1999 by the DoD Installations Policy Board to implement the UFC and UFGS system for DoD. The ESEP consists of a representative from the Office of the Deputy Under Secretary of Defense for Installations and Environment (DUSD (I&E) ), and the three Service Chiefs of Engineering. ESEP responsibilities include establishing policy; acting as a resource proponent; resolving issues that may impede the unification process; and oversight of a coordinating panel (CP). The CP, chartered by the E8EP, works directly with DWGs established to facilitate unification. The DWGs are composed of technical personnel who develop unified criteria and guide specifications. The Memorandum of Understanding (MOU) on Unified Design Guidance establishing the ESEP (initially referred to as the "Tri-Service Engineering Senior Executive Board") can be reviewed at http~g~W~c~bdq_. orq !pdfêljL~mou. pdf . The charter establishing the Tri-Service Design Guidance CP can be viewed at http://www.wbdq.orq/pdfs/tsdqcp charter.pdf. The charter guiding the DWG can be viewed at www.wbdg.org!pdfs!dwg charter.pdf.

4.3 Proqramminq and Schedulinq. Need and funding are the
determining factors in establishing which existing and new UFC and UFGS will be revised or developed. Funding of UFC and UFGS work is subject to the procedures and priorities within each participating organization.

4.3.1 Proqram List. Every fiscal year, each DWG shall identify those UFC and UFGS that need to be developed or are in need of major revisions. UFGS requirements, including an estimated cost of each item, shall be prioritized with the UFC requirements and submitted as a composite list to the CP for use in preparing an annual unified criteria program. When two or more organizations identify and provide funding for updating or developing a UFC or UFGS, a preparing activity (PA) shall be assigned in accordance with 5.2.1.3 Preparinq Activity (PAl

Assiqnments.

4.3.2 Proqram Coordination. The CP is responsible for coordination and consolidation of DWG requirements and shall make final determination of which UFC and UFGS are included in the annual unified criteria program. Selection will be based on DWG recommendations, the priorities of each participating organization, and available resources.

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MIL-STD-3007F
4.4 Cri teria Development.
a. Although all DoD organizations must participate, UFC and UFGS development is primarily a joint effort of the Army Corps of Engineers (USACE), the Navy Facilities Engineering Command (NAVFAC), and the Air Force Civil Engineer Support Agency (AFCESA). These organizations are referred to as participating organizations. All planning, design, construction, operations, and maintenance criteria for facilities will be unified to the extent practical. The unification process will maximize use of

non-government standards in accordance with Public Law 104 - 113,

National Technology Transfer and Advancement Act of 1995, Section 12 (d), dated 7 March 1996, and Office of Management and Budget Circular A- 119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, dated 10 February 1998.

b. Following agreement by the ESEP that criteria should be developed or updated, the appropriate DWG will be assigned to accomplish the task. Private-sector criteria and technical standards will then be surveyed to assess their suitability for military use.

4.5 Metric. Public Law 94-168 designates the SI system
of measurement as the preferred system of weights and measures for United States trade and commerce. Executive Order 12770 requires the use of the metric system in Federal acquisitions except when such use is "impracticable or is likely to cause significant inefficiencies or loss of markets to United States firms." Public Law 104-289 exempts concrete masonry units and recessed lighting fixtures from the metric policy until January 2007. Until that time they should not be specified in metric

units.

use the SI system of measurement on a proj ect-by-proj ect basis.

Generally, design and construction of new or renovated facilities shall use the SI system of measurement, unless such use leads to inefficiencies or would be otherwise impractical. Increased initial cost or life cycle cost is certainly an indicator of inefficiencies. The design agent I proj ect manager is responsible for making the determination on whether or not to

Customer preferences or limited designer experience are not adequate justifications on their own for eliminating metric use, but may be part of the decision process. Decisions to not use the SI units must be justifiable and documented in the permanent proj ect files. Where request for proposals (RFP) or similar alternatives to the design-bid-build process are used, the RFP may be issued in dual units (inch-pound and SI) with the requirement that each proposal indicate the system of units to be

used by the contractor throughout. For any type of proj ect for

any service, do not use dual units on the drawings. UFC 1-30001, Criteria Format Standard, provides guidance on the use of SI units in criteria documents and Vf~ l-300-02"_Unifi~d Faciliti~s

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MIL-STD-3007F
Guide Specifications (UFGS) Format Standard provides guidance on the use of SI units in guide specifications.

4.6 Format Standards. Criteria will be developed and
revised in accordance with UFC 1-300-01, Criteria Format Standard; Guide specifications will be developed and revised in accordance with UFC 1-300-02, Unifieçl Facilities Guide Specifications (UFGS) Format Standard.

4.7 Availability. The ESEP has signed a Memorandum of
Agreement (MOA) with the National Institute of Building Sciences (NIBS) to assist in the development and distribution of UFC and

UFGS. This agreement may be viewed at

http://www.wbdq.orq/pdfs/wbdq moa.pdf. All UFC and UFGS are primarily distributed at the Whole Building Design Guide (WBDG) Web site at http://dod.wbdg.org/.

5. DETAILED REQUIREMENTS
5.1 MAAGEMENT PROCEDURES FOR UNIFIED FACILITIES CRITERIA (UFC) .

5.1.1 Purpose. UFC are developed by individual discipline working groups and are approved by the ESEP. UFC may contain technical guidance, introduce new and innovative technology, or provide mandatory requirements to implement laws, regulations, executive orders, and policies prescribed by higher authority
for facilities to support their mission throughout their life cycle. UFC provide the most operationally effective, costefficient, and safe criteria at the time of publication.

documents. UFC also define performance and quality requirements

5.1.2 Issuance. UFC are issued under the authority of the ESEP and are effective upon issuance. UFC will be reviewed periodically, updated, and made available as part of the departments' responsibility to provide criteria for military

facilities.

produce technically adequate documents. For disagreements that

5.1.3 Approval. When a UFC is created or changed, it shall be coordinated electronically among the participating organizations identified in 4.4. It is the responsibility of the PA and the DWG to produce UFC within the funds provided, meet established schedules, obtain agreement of the participants, and

cannot be resolved within the DWG, the matter shall be submitted to the CPo Once criteria are developed and coordinated with appropriate industry and service organizations, the PA will forward the UFC to the CP for approval. A Unified Facilities Criteria Coordination Sheet (which can be viewed at
ti:t"t"p:"lIVi"Lvi", vi"lJ"99", ():r9:1i:9f"lcoord

service's approving authority (the DWG representative) and the CP chairperson. The CP chairperson requests concurrence by each ESEP member electronically before approval. Upon approval, the

,P9j') will be signed by each

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MIL-STD-3007F
PA will forward an electronic file to the appropriate criteria manager for distribution of the UFC as indicated in 4.7 Availability. Matters of disagreement will be referred to the CP, and if necessary, to the ESEP for resolution.

5.1.3.1 Desiqnation of UFC on the Same Subi ects. Criteria
on similar subj ects that are not yet combined have an alpha designation after the UFC file name: "N" for Navy, "A" for Army, "F" for Air Force, and "S" for NASA (e.g., l-300-05A). These alpha designators facilitate management of criteria within the participating organizations and provide identification within WBDG and the Internet. The alpha designator does not mean the documents are not UFC.

participating organization has criteria on a particular subj ect,
accordance wi th 5. 1 . 3 Approval.
or where criteria have been combined into a single document, those criteria are identified by the file name only (e.g., 1-30001) when approved by all participating organizations in

5.1.3.2 Desiqnation of Other UFC. Where only one

5.1.3.3 Draft UFC Review. After drafting a new or revised
UFC, the PA's technical representative shall provide an electronic version of the draft UFC to the technical proponents and technical representatives of all participating organizations for review and comment. A complete list of all UFC with the associated technical proponents is available on the UFC home

page.

5.1.3 .4 Draft UFC Comment Period. The technical representative and technical proponent from each of the other participating organizations shall coordinate their review and provide a single set of comments bye-mail to the PA's technical representative within four weeks of receipt of the draft UFC.

bye-mail or phone. The PA's technical proponent shall retain
verification of this concurrence.

5.1.3.5 Final UFC Submittal. The PA's technical representative shall incorporate all comments into the UFC. Any questions or disagreements shall be discussed directly with the technical proponent who forwarded the comment and resolved. Upon completion of the final UFC, the technical representative shall forward the document to the PA's document manager for final processing. At the same time, a courtesy copy of the UFC shall be forwarded to each of the reviewers who provided comments. No additional comments are desired at this time. When they are satisfied that their comments have been incorporated, the technical proponents of the other participating organizations shall provide their concurrence to the PA's technical proponent

5.1.3.6 Special Approval bv Governinq Aqencies. Some
documents require approval by agencies having unique cognizance and authority of specific facility types, such as medical facili ties, or specific subj ects, such as chemical-biological

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protection. If necessary, provide a fifth signature on the foreword of the document.

5.1.4 Records Maintenance. Each DaD component is responsible for maintaining records of current and superseded UFC, including revisions, for each UFC they prepare.

5.1.5 UFC Validation. Copies of UFC printed from electronic media should be checked against the current electronic version at http://dod.wbdg.org/ to ensure that the latest
cri teria are being used.

5.1.6 Feedback. User comments and recommended changes to UFC, with rationale for the changes, should be sent to the user's service criteria office. For non-service users, comments and recommended changes, with rationale for the changes, should be sent to the document's PA. Recommended changes with supporting rationale should be sent electronically to the respective service proponent office using the Criteria Change Request (CCR) form at
http://dod. wbdq. orq/ .

5.1.7 Waivers and Exemptions.

5.1.7.1 Definitions. A waiver provides authority to
deviate from a UFC requirement for no more than twelve months. An exemption provides authority to deviate from a UFC requirement indefinitely.

5. l. 7 .2 Normal Process. Unless the document is
authorized additionally by an agency other than the Army, Navy, Air Force, or OSD (I&E), each service or defense agency may waive, exempt, or deviate from requirements set forth in individual UFC for projects operated by that service or agency. However, all requests should be communicated to the technical proponents from each service for collaboration and consistency. In general, the signature authority for the service or agency in publishing the document (ESEP representative) is the same authority that may waive, exempt, or deviate from the requirements in that document. This central coordination facilitates improvements in the UFC by ensuring all requests are considered in future document updates. However, each service or defense agency maintains its own internal process for reviewing and granting waivers, exceptions or deviations. This process typically involves key stakeholders germane to the requirement in question and may involve delegation of that authority. Navy activities and Navy projects will use the process contained in APPENDIX A. For the process for other services, please contact the agency.

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5. l. 7.3 Special Aqency Authorization. If the document is
authorized by an additional agency, then all waivers, exemptions, and deviations must be approved by that agency in addition to the service or defense agency that operates the proj ect. All requests should also be communicated to the technical proponents from each service for collaboration and consistency. The signature authority for the service or agency publishing the document (ESEP representative) and the additional signature authority must agree to waive, exempt, or deviate from the requirements in that document. This central coordination facili tates improvements in the UFC by ensuring that all requests are considered in future document updates.

5.2 MAAGEMENT PROCEDURES FOR UNIFIED FACILITIES GUIDE SPECIFICATIONS (UFGS).
5.2.1 UFGS Svstem. The UFGS system includes all official construction guide specifications currently maintained by the participating organizations. There may be more than one guide specification on the same subject until those specifications are converted into combined UFGS. These specifications have a UFGS designation preceding the section numbers in their banners (e.g., UFGS-12 34 56). New and revised UFGS shall be prepared in accordance with UEÇ,..l-300-02, Unified Facilities Guide
Specifications (UFGS) Format Standard using Specs

(Specifications-Kept-Intact,) an automated system for preparing standardized facility construction specifications, which can be downloaded fromli:t.t_¡::/I",p."-,,_s_i_I1:t.,-_c:t:.~.s_c. n,!",.,-.._-'""l'

Intact

5.2.1.1 Desiqnation of UFGS on the Same Subiects. Construction Specification Institute (CSI) MasterFormat 2004 provides for section numbers in a 14 character designation format of five paired digit numbers: "NN NN NN.NN NN", where N's are numbers. CSI has named, numbered or otherwise reserved to the 4th level. The 5th level designator will be used to denote UFGS on the same subjects that are not currently unified: "10" for Army, 112011 for Navy i "30" for Air Force, and "40" for NASA (e.g., 31 41 16.11 10). These 5th level designators facilitate management of specifications within the participating organizations and provide identification within WBDG, the Internet, and the Specs Intact systems. The 5th level designator does not mean the documents are not UFGS.

5.2.1.2 DesiGnation of Other UFGS. Where only one
participating organization has a guide specification on a particular subj ect, or where specifications have been combined into a single document, those specifications are identified by only the 3rd or 4th level section file name (e.g., "31 41 16" or "31 41 16.11") when approved by all participating organizations in accordance with 5.2.3 Document Approvals and Publication.

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5.2.1.3 Preparinq Acti vitv (PA) AssiGnments. Each UFGS shall be assigned a PA in accordance with agreements within the DWG and as approved by the CP. Each PA shall maintain the UFGS for which it is assigned in accordance with the policies of its organization and these management procedures. The PA shall be identified in the banner of each UFGS.

5.2.1.4 UFGS Master Databases. Each participating
organization shall maintain a separate master database of the UFGS sections for which it is responsible. Database managers from each participating organization shall provide updated and new UFGS to the system database manager for periodic updates of the UFGS system.

5.2.1.5 UFGS System Master. A single UFGS system master shall be maintained by the system database manager. The UFGS system master shall be derived from the separate UFGS databases of each participating organization. The system database manager shall incorporate changes provided by the database managers of the participating organizations, perform all release processing, prepare all indexes, and perform other functions associated with maintenance of the UFGS system master. 5.2.1.6 UFGS Master Index. A UFGS master index shall be
maintained on the Internet, with links to the actual documents. The database manager develops the Internet index and links it to

the compressed SEC files and to the Adobe Acrobat (. PDF) files
residing on the UFGS master server.

5.2.2 UFGS General Maintenance Fund. Each participating organization must budget and obligate funds for general maintenance of the UFGS for which they are responsible. These funds cover changes of a minor and unplanned nature in response to suggestions and comments. Each participating organization shall provide resources necessary to maintain UFGS. 5.2.3 Document Aporovals and Publication. When a UFGS is created or changed, it shall be coordinated electronically among the participating organizations identified in 4.4. It is the responsibility of the PA and the DWG to produce UFGS within the funds provided, meet established schedules, obtain the agreement of the participants, and produce technically adequate documents. In the event of a disagreement that cannot be resolved within the DWG, the matter shall be submitted to the CPo

5.2.3.1 Draft UFGS Review. After drafting a new or
revised UFGS, the PA's technical representative shall e-mail a copy of the draft UFGS to the PA's technical proponent and to the technical proponent and technical representative for the other participating organizations for review and comment. A complete list of all UFGS with the associated technical proponents is available on the UFGS home page.

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5.2.3.2 Draft UFGS Comment Period. The technical

representati ve and technical proponent from each of the other
participating organizations shall coordinate their review and provide a single set of comments bye-mail to the PA's technical proponent within four weeks of receipt of the draft UFGS.

5.2.3.3 Final UFGS Submittal. The PA's technical
proponent shall ensure that all comments are incorporated into

the UFGS. Any questions or disagreements shall be discussed and
resolved directly with the technical proponent who forwarded the comment and resolved. Upon completion of the final UFGS, the technical proponent shall forward the document to the PA's database manager for final processing. At the same time, a courtesy copy of the UFGS shall be forwarded to each of the reviewers who provided comments. No additional comments are desired at this time. When they are satisfied that their comments have been incorporated, the technical proponents of the other participating organizations shall e-mail their concurrence to the PA's technical proponent. The PA's technical proponent shall retain verification of this concurrence.

5.2.3.4 Approval Controls. Only specifications approved
through this process shall be placed in the UFGS system master or in the PA databases.

5.2.4 Reportinq. The UFGS system database manager shall post a report of new, changed or deleted specifications on the UFGS home page when the database is updated. 5.2.5 Chanqes. Changes to a UFGS shall be coordinated with all participating organizations in accordance with 5.2.3, with the following exceptions. If the changes consist only of updated references, Specs Intact format changes, or non-technical text changes, the changes may be made without coordination of the document. All other changes shall be coordinated with counterparts in the other participating organizations. The technical proponents have the right to request adjustments to any UFGS.
5.2.6 Automated Updatinq of Reference Publications: A system has been established to automatically update reference
publications cited in UFGS through the use of the Specs

Intact software. Under the process, all reference publications cited in

the UFGS database will have uniform designators, and the latest issue of all publications referenced in UFGS will be maintained in a Unified Master Reference List (UMRL). The updated UMRL will be used by the Specs Intact software to perform reference updating of the complete UFGS master on a periodic basis. The same process will be applied to new and revised UFGS sections as the sections are processed for entry into the UFGS master.

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5.2.7 Suqqestions and Comments. Submission of suggestions and comments, responses to suggestions and comments, and incorporation of changes in UFGS will be through an Internetbased process. Recommended changes with supporting rationale should be sent electronically to the respective service proponent office using the CCR form at http://dod.wbdq.orq!. Comments will be forwarded by the suggestion/comment program to the technical proponent of the Preparing Activity for action.

5.2.7.1 Comment Resolution. It is the responsibility of
the technical proponent to review the comment, determine if it merits research and incorporation, and estimate the effort required to incorporate the change.

5.2.7.2 Level of Effort and Fundinq. If the technical
proponent determines that the changes to the UFGS will be extensive, a funding request shall be made in that organization's criteria budget for the following fiscal year. If funding is approved, the changes will be incorporated at that time. If the technical proponent determines that the changes are minor, the work will be accomplished using the organization's UFGS general

maintenance funds.

5.2.7.3 Response to Reviewers. The technical proponent
shall respond electronically to reviewers' comments with information about proposed actions as soon as possible.

6 . NOTES

6.1 Additional Compliance Documents. APPENDIX B contains a listing of executive orders, public laws and other documents to which UFC and UFGS must comply.

6.2 Subi ect Term (Kev Word) Listinq.
Construction Criteria Guide Specifications Unified Facilities Criteria Unified Facilities Guide Specifications

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EXHBIT B

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Department of Defense

DIRECTIVE
NUMBER 4270.5
February 12, 2005

USD(AT&L)

SUBJECT: Militar Constrction
References: (a) DoD Directive 4270.5, "Military Construction Responsibilities," March 2, 1982 (hereby canceled) (b) DoD Directive 4270.36, "DoD Emergency, Contingency, and Other Unprogramed Constrction Projects," May 17, 1997 (hereby canceled) title 10, United States Code (c) Chapters 169 and 1803 of (d) DoD Directive 1315.6, "Responsibilities for Milita Troop Construction the Air Force Overseas," August 26, 1978 (hereby the Departent of Support of canceled) (e) MIL-STD-3007B, "Standard Practice for Unifed Facilities Criteria and Unified
Facilities Guide Specifications" April

1 , 20021

(f) DoD 7000. 14-R, "Finacial Management Regulation," Volume 2, Chapter 6, June 2000

i. REISSUANCE AND PURPOSE
This Directive:

1.1. Reissues and renames reference (a); consolidates the information previously contained in reference (b); establishes policies and responsibilities for the militar constrction program
and the use of DoD construction agents in the design or constrction of miltary construction

program facilities (reference (c)); and cancels reference (d).

i .2. Delegates statutory authorities and responsibilities relating to military constrction.
2. APPLICABILITY AND SCOPE
2.1. This Directive applies to:
1 ww.aca.osd.mil/ie/irm/irm Iibrarv/milstd3007b 042302.odf

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Defense, the Miltary Departments (including the the Secretar of 2.1.1. The Offce of Reserve components), the Chai of the Joint Chiefs of Staff, the Combatat Commands, the

Offce of the Inspector General of the Departent of Defense, the Defense Agencies, the DoD
Field Activities, and all other organizational entities in the Departent of

Defense (hereafter

referred to collectively as the "DoD Components").

2. 1.2. Milita constrction projects that are authorized and fuded in militar
constrction authorition and appropriation acts to support the DoD Components.

2. i .3. DoD emergency, contingency, and other unprogramed constrction projects not
specifically authoried by milita construction authoriation or appropriation acts, but

authorized puruant to other laws, including those cited in reference (c).

2.2. This Directive does not apply to privatized housing or to projects acquied though a

real propert exchage agreement.
3. DEFINITIONS

3.1. Blanet Agreement. An agreement, as approved by the Deputy Under Secretary of Defense (Installations and Envirnment) (DUSD(I&E)), between a DoD Component and the
assigned constrction agent allowing the DoD Component to design and constrct a class of

projects or a set of associated projects.

Engineers, the Naval Facilities Engineering Command, or such other approved DoD activity assigned the design or construction execution responsibilities associated with the militar constrction program.
3.2. DoD Construction Agent. The U.S. Army Corps of

3.3. Milita Deoarent. In accordance with reference (c), for purposes of the Pentagon

Reservation, Washigton Headquarers Services shall be considered a Militar Departent and

its Director is considered the Secretar thereof.
3.4. United States. The 50 States, the Distrct of Columbia, the Commonwealth of

Puerto

Rico, Guam, and the Virgin Islands.

4. POLICY It is DoD policy tht:
4.1. Constrction projects should normally be justified and funded though the plang, programmg, and budgeting process. Authorities in Sections 2803, 2804, 2805, 2808, and 2854 reference (c) are not included in the norml planning, programmg, and budgeting process. of

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4.2. Projects shall be considered for fuding under authorities available to the Heads ofthe
DoD Components before being considered for fudig under the authority of

the Secreta of

Defense. Reprogramg requests to fud projects under Sections 2803, 2805, and 2854 of Defense (Comptroller). reference (c) shall be submitted to the Under Secreta of

Reprograming is not necessary for projects under Sections 2804 and 2808 of reference (c).

4.3. The United States. Withn the United States, design and constrction execution of militar facilities, including milita famly housing constrction, unpecified minor militar
construction, and those Reserve component facilities constrcted by the United States, shall be accomplished as follows:

4.3. i. The Army and the Navy. The Deparent of the Ary shall use the services of
the U.S. Army Corps of Engineers and the Deparent of the Navy shall use the services of

the

Naval Facilities Engineering Connd for the design and constrction of military facilties for their respective Militar Departents. Each may use the services of the other Deparent in the
interest of efficiency and cost-effectiveness or when otherwise considered appropriate.

4.3.2. The Defense Agencies and the DoD Field Activities. The U.S. Army Corps of
Engineers or the Naval Facilities Engineering Command shall be used in the maintenace, repair, design, constrction, rehabilitation, alteration, addition, and/or expansion of a real propert
facility for a Defense Agency or a DoD Field Activity with the approval of

the Milita

Deparent having jursdiction of the real propert facility. Another constrction agent may be

used when the Secretary of the Militar Deparent having jursdiction of the Defense Agency or the DoD Field Activity real propert facility so recommends (such alternate constrction the Defense Agency or the Director ofthe DoD agent having been nominated by the Director of Field Activity), and the DUSD(I&E) approves the alternate as the most effcient, expeditious,
the Defense and cost-effective agent to accomplish the authorized construction. The Director of Agency or the Director of the DoD Field Activity shall submit the name of the alternate constrction agent to the Commander ofthe appropriate DoD constrction agent for comment, jurisdiction of the real propert facility, and to the Secretar of the Military Departent having the DUSD(I&E), concurrently.
4.3.3. The Air Force. The Deparent of Ary Corps of the Air Force shall use the services of

the U.S.

Engineers or the Naval Facilities Engineering Commnd for design and

constrction of the annual military constrction progrm.
4.3.3.1. The Air Force may design and construct projects in the anual milita
constrction program in specific cases where both the Air Force and the Commander of

the

assigned constrction agent agree that it is the most efficient, expeditious, and cost-effective

means to complete the project.
4.3.3.2. If the Air Force and the assigned constrction agent do not agree on a specific project, the Air Force may request permission from the DUSD(I&E) to design and constrct the project over the objections of the assigned constrction agent. The DUSD(I&E)

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shall request the views of the Commander of the assigned constrction agent before makig a decision on the Air Force request.
4.3.3.3. Air Force milita family housing normally shall be designed and
constrcted directly with the resources and supervision of the Deparent of

the Air Force.

4.3.4. The Reserve components. The Reserve components shall normally meet the same

requirements as their active component stated in subparagraphs 4.3.1. and 4.3.3. for the design
and constrction of facilities covered by Section i 8233(a)(l) of

reference (c).

4.3.4.1. The National Guard shall normally use the services of

the U.S. Propert and

Fiscal Offcer for the State in which the facility is located for the design and constrction of
facilities covered by Section i 8233(a)(1) of

reference (c).

National Guar projects covered by Section reference (c), shall be accomplished according to the laws of i 8233(a)(2), (3), (4), (5), or (6) of the State, terrtoiy, or possession, and under the supervision of its offcials, subject to the the DUSD(I&E). inspection and approval of
4.3.4.2. The design and construction of

4.3.5. Other DoD Components. Facilities to be constrcted for the other DoD

Components and not addressed in subparagraphs 4.3.3. and 4.3.4. shall be designed and

constrcted by the host Miltar Deparent's constrction agent.
4.3.5.1. Such DoD Components may use the services of other qualified agents to design and constrct projects in specific cases where the DoD Component, the host Military
Deparent, and the Head of the assigned constrction agent agree tht it is the most effcient, expeditious, and cost-effective means to complete the project.

the DoD Component, the host Militaiy Departent, and the assigned constrction agent do not agree on a specific project, the DoD Component may request permission from the DUSD(I&E) to use the services of other qualified agents over the objections of either the host Milita Deparent or the assigned construction agent. The DUSD(I&E) shall request the views of the host Militar Deparent and the Head of the assigned constrction agent before making a decision on the DoD Component request.
4.3.5.2. If

4.3.6. Non-DoD Agencies and Nonappropriated Fund Instrentalities (NAFIs). The

appropriate DoD constrction agent may, at the request and on behalf of non-DoD Agencies the (including NAFIs), provide design and constrction assistance for facilities requirements if scope of the service does not adversely impact on militaiy constrction and national defense interests, and with the consent of the Militar Departent having jursdiction over the real propert facility.

4.4. Outside the United States. Outside the United States, design and constrction execution of militar facilities, including miitar famiy housing, shall be accomplished as follows:

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4.4. I. Geographical areas are designated to specific constrction agents in enclosure 1.
Unspecified minor militar construction in these areas may be executed by the requirg Milita

Departent or, in the case of a Defense Agency or a DoD Field Activity, by the Military Departent having jursdiction over the real propert facility.

4.4.2. The assigned DoD constrction agent may, at the request and on behalf of nonDoD Agencies (includig NAFIs), provide design and constrction assistance for facilties requirements, if the scope of the services does not adversely impact on militar constrction and national defense interests, and provided that the assigned geographical areas of responsibilty are the Militar Deparent having jursdiction over the real maintained and with the consent of propert facility.
4.5. Blanket Agreements. Any blanet agreements among the DoD Components reassigning

constrction agent responsibility other than as specified in ths Directive must be approved by the Heads of the DoD Components concerned, including, as applicable, the host Military Departent, and by the DUSD(I&E). Such agreements must be re-approved by all pares no less often than every 5 years.

4.6. Data Elements. Existing DoD standad data elements shall be used for all data requirements to the extent possible.
4.7. The_Unified Facilities Criteria (UFC) and the Unified Facilties Guide Specifications (UFGS). The UFC and the UFGS shall be used to the greatest extent possible by all the DoD Components for plang, design, and constrction (restoration and modernzation) offacilities, regardless of fuding source, except for those facilities constrcted by the National Guard on real estate neither owned by the United States nor under long-term lease to the United States,
constrcted by a State under reference (c), and where title to the facility shall not be in the

United States. The UFC and UFGS procedures are detailed in MIL-STD-3007B (reference (e)).
5. RESPONSIBILITIES

Defense for Acquisition. Technologv. and Logistics (USD(AT&L)) is hereby delegated, with authority to re-delegate, the statutory authorities vested
5.1. The Under Secretarv of in the Secretary of Defense by reference (c), excluding Sections 2804 and 2808 of

reference (c)

which are retained by the Secreta of

Defense. The USD(AT&L) shall:

5.1.1. Exercise general oversight over the militar constrction program.
5.1.2. NotifY the Offce of Management and Budget when the authority of

Section 2808

of reference (c) is required in futue Executive Orders.
5.1.3. Coordinate requests to use authorities of Sections 2804 and 2808 of reference (c).

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5.1.4. Ensure that the Devuty Under Secretary of

Defense (Installations and

Environment) shall:
5.1.5.1. Administer the provisions of

ths Directive, including issuing implementig

guidance.

5.1.5.2. Approve the use of a DoD Component or another activity as a DoD
constrction agent to exercise the design or constrction responsibilities involved in supervision

of contracts for the execution of projects in the DoD milita constrction program, including
militar family housing and Reserve component construction.

5.1.5.3. ModifY the designations of enclosure i, as necessar.

reference (c), that additional costs for 5.1.5.4. Certfy, puruant to Section 2858 of expediting constrction of a project are necessar to protect the national interest and to establish a reasonable construction completion date for each such project.
fuds for cost-plus-fixed-fee contracts for work to be performed within the United States, except Alaska.
5.1.5.5, Approve negotiations for the expenditure of

5.1.5.6. Monitor the execution of the militar constrction program to ensure the most effcient, expeditious, and cost-effective accomplishment of the program by DoD
constrction agents.

5.1.5.7. Monitor the use of

militar unts or

personnel in the execution of

unspecified

minor militar constrction projects.
5.1.5.8. Grant approvals pursuant to subpargraphs 4.3.2. though 4.3.4., and
paragraph 4.5.

5.2. The Heads of the DoD Components shall:
5.2.1. Mange, in accordace with law and DoD policy, their portions of

the anual

militar constrction program, including Reserve component facilities and military family
housing constrction.
5.2.2. Ensure that the use of milita personnel in the constrction of projects within the

United States is included in the anual militar constrction program and is in accordance with DoD 7000.l4-R (reference (f)).

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5.3. The Secretaes of

the Militar Deparents shall:

5.3.1. Forward requests for contingency constrction under Section 2804 of reference (c) Defense. Include a DD Form 1391, "Military Constrction Project Data," with estimated design completion and constrction award dates, why the authority provided under completed in accordace with reference (f); a statement of need for the project from the Section 2803 ofreference (c) is not being used; a statement of applicable Combatant Command; and a statement that deferral for inclusion in the next milita constrction authorization act is inconsistent with national securty or the national interest.
through the USD(AT&L) to the Secretar of

5.3.2. Forward requests for constrction supportg war or a national emergency under Defense and indicate reference (c) through the USD(AT&L) to the Secreta of why the facility is needed; include a DD Form 1391, with a description and cost estimate.
Section 2808 of

5.3.3. Notify the USD(AT&L) when the need for the authority under Section 2808 of
reference (c) is anticipated.
5.4. The Chaian of

the Joint Chiefs of Staff shal:

5.4. i. NotifY the applicable committees of Congress of exercise-related unspecified minor miitar constrction outside the United States under the authority of Section 2805 of
reference (c).
5.4.2. Assign priority among competing requests from the Commanders of

the

Combatat Commnds for joint exercise-related unspecified mior milita constrction projects
under Section 2805 of

reference (c).

5.4.3. Approve projects and provide allocated funds to the applicable Commanders ofthe Combatant Commands for exercise-related constrction.
5.4.4. Notify the USD(AT&L) when the need for authority under Section 2808 of
reference (c) is anticipated.

5.4.5. Assign priority among competing requests from the Commaders ofthe

Combatant Commands for projects under Sections 2804 and 2808 of reference (c) and forward them to the USD(AT&L).

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5.5. The Commanders of

the Combatat Commands, though the Chairan of

the Joint

Chiefs of Staff, shall:

5.5.1. Verify the need for project requests for the use of authority under Section 2804 of reference (c), and forward them though the Chairan of the Joint Chiefs of Staf to the USD(AT&L).

minor military constrction projects under Section 2805 of

5.5.2. Assign priority among competing requests for joint exercise-related unpecified reference (c) and forward them to the Chairan of the Joint Chiefs of Staff.
5.5.3. Coordiate and assign priority to requests for projects under Section 2808 of
reference (c) and forward them though the Chairan of the Joint Chiefs of Staff

to the

USD(AT&L).

6. EFFECTIVE DATE

This Directive is effective immediately.

Paul Wolfowitz
Deputy Stre of Defense

Enclosures - i E 1. Designated DoD Constrction Agents

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DoDD 4270.5, February 12,2005

El. ENCLOSURE 1

DESIGNATED DoD CONSTRUCTION AGENTS

Countres not specifically assigned below shall be designated by the DUSD(I&E). Certin other countres or locations may have assignents changed as requirements change.

THE DEPARTMENT OF THE ARM

THE DEPARTMENT OF THE NAVY

Afghanstan
Canda, excluding Newfoundland
Centrl America

Atlantic Ocea area
Australia and New Zealand Caribbean Sea area Greece Iceland Indian Ocean area Italy Newfoundland
Nort Afrca, including Somalia and Kenya,

Europe, excluding Spain, Portgal, Italy, Greece, and the British Isles Northern Eurasia, which makes up Russia and the former Soviet republics Greenland

Irq

Japan including the R yukyu Islands

but excluding Egypt
Pacific Ocean area, includig the
Commonwealth of

(Okiawa)
Korea Marshall Islands Mexico Middle East, including the Saudi Arabian Peninsula, Egypt, and Israel South America Southeast Asia, from Iran to Myanmar

the Nortern Maranas

Islands, but excluding the Marshall Islands
Portgal, including the Azores

Republic of the Philippines Southeast Asia, from Thailand to Vietnam Spain

(Bura)
Sub-Saharn Afrca, excluding Kenya and

THE DEPARTMENT OF THE AI FORCE
British Isles

Somalia Taiwan Turkev

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ENCLOSURE 1