AFARS - PART 5139 Acquisition of Information Technology

 (Revised12 August 2020) 

Subpart 5139.1 -General

5139.101 Policy.

 (1) The head of the contracting activity has the authority to make thedetermination under DFARS 239.101(1). See Appendix GG for furtherdelegation. 

5139.101-90 Policy.

 (a) Commercial information technology hardware and software. 

 (1) The Army s Computer Hardware, Enterprise Software and Solutions(CHESS) program, under the Program Executive Office EnterpriseInformation Systems, is the mandatory source for commercialinformation technology (IT) hardware and software purchases. CHESScontracts provide IT products and services that comply with U.S. ArmyNetwork Enterprise Technology Command, Army and DoD policy andstandards. Purchasers of commercial hardware and software mustsatisfy their IT requirements by utilizing the CHESS contracts andDoD Enterprise Software Initiative (ESI) agreements first, regardlessof dollar value or appropiation. Additionally, purchasers of ITrequirements through a third party such as a system integrator mustensure solicitations and contract vehicles include the requirement topurchase through the CHESS and the DoD ESI agreements. 

 (2) Any IT hardware or software purchase made outside of the CHESScontracts requires an Army Chief Information Officer (CIO)/G6approved Information Technology Approval System (ITAS) Waiver, unlessthe purchase meets one of the exceptions in (a)(3) below. The ITASWaiver along with supporting documentation shall be part of theprocurement package submitted to the contracting officer and shallalso be part of the resulting solicitation and contract file(s). Supporting documentation must include documentation submitted withthe ITAS Waiver request such as a CHESS Statement of Non-Availability(SONA) for items that are not available from CHESS or other rationalefor not using CHESS. The CHESS website located athttp://chess.army.mil provides a complete list of CHESS contracts aswell as information concerning ITAS Waivers and CHESS SONAs. TheITAS Waiver website is located athttps://cprobe.army.mil/enterprise-portal/web/itas/home,and the Army CIO/G6 policy page is located athttp://ciog6.army.mil/PolicyLegislation/tabid/64/Default.aspx. 

 (3)  Exceptions . 

 (i) The Product Lead, Common Hardware Systems (PdL CHS) coordinatesacross the Army s computing environments and tactical programoffices to modify commercially available off-the-shelf IT to meetspecific program requirements for transport or ruggedization, and toensure configuration and end of life management. Organizations thatreceive written authorization from PdL CHS to use a CHS contract areexempt from the requirement to obtain an ITAS Waiver or CHESS SONA. In such circumstances, requiring activities will provide PdL CHS written authorization to the contracting officer as part of theprocurement package instead of the ITAS waiver. Contracting officersshall place the written authorization in the contract file. 

   (ii) Upon receipt of the CHESS SONA from the requiring activity,contracting officers may purchase commercial IT hardware or softwareoutside of the CHESS contracts, without an ITAS waiver, forprocurements in support of--   

 (A) The United States Military Academy while supporting the academic andcadet development mission (information technology requirements forthe administration portion the United States Military Academy arestill required to use CHESS and submit SONAs and ITAS waivers forprocurement outside of CHESS); or 

 (B) Non-Program Executive Officer (PEO)/Project Manager (PM) managedMilitary Intelligence Program (MIP) systems (  Non-PEO/PMmanaged MIP systems will be requested using the Army G-2 AutomatedSystems Integration Database system).  

 (b) Information technology services. 

 (1) When procuring IT services, contracting personnel must considersetting aside requirements for small businesses and other smallbusiness categories in accordance with FAR 13.003(b)(1) and FARsubpart 19.5. Contracting officers shall ensure that the procurementpackage contains sufficient supporting documentation to assist thecontracting officer in determining whether to set aside therequirement for small businesses and other small business categoriesin accordance with FAR 13.003(b)(1) and FAR subpart 19.5. In orderto assist the Army in achieving all small business statutory goals inprime and subcontract awards, personnel should consider use ofnon-DoD contract vehicles such as those stated in the DefenseProcurement and Acquisition Policy memorandum, dated 14 July 2011,subject: Use of Government-wide Acquisition Contracts Set AsideExclusively for Small Businesses. If no small business capabilityexists, CHESS contract vehicles are the preferred source foracquisition of IT services. 

 (2) ITAS Waivers from the use of CHESS are not required when procuringIT services. However, if a services requirement includes any IThardware and/or software, personnel must ensure solicitations andcontract vehicles include the requirement to purchase through theCHESS and the DoD ESI agreements. If a services requirement includesnon-CHESS IT hardware or software, personnel must secure an ArmyCIO/G6 approved ITAS Waiver for the non-CHESS IT hardware andsoftware per paragraph (a)(2) in this section. The procurementpackage and contract file documentation requirements of paragraph(a)(2) apply to hardware and software purchased as part of ITservices requirements. 

 (c) Training. Senior contracting officials must ensure thatcontracting personnel receive appropriate CHESS training, and shouldensure that contracting personnel document the training on theirindividual development plans. Personnel can request CHESS trainingand view the training slides athttps://chess.army.mil/UserTrainingRequest. 

 (d)Cloud Computing. The Army Enterprise Cloud Management Office(ECMO) is the central point for all efforts and processes related tocloud adoption across the Army. The ECMO will establish astandardized cloud architecture which is intended for use by all Armymission areas. 

 ECMOwill provide enterprise-level contracts for commercial CSP offerings,common services, and application migration support.  Wherefeasible and cost effective, the ECMO will leverage DoD Enterprisecontracts such as the Joint Enterprise Defense Infrastructure(JEDI) contract; while establishing Army Enterprise CloudContracts based on mission requirements. 

Subpart 5139.74 - Telecommunications Services

5139.7402 Policy.

 (b)(4) The Assistant Secretary of the Army (Acquisition, Logistics andTechnology) may authorize actions as described in DFARS239.7402(b)(4). See Appendix GG for further delegation. 

Subpart 5139.76 - Cloud Computing

5139.7602 Policy and Responsibilities.

 (1) Contracting Officers are responsible to ensure that Purchase RequestPackages for NEW Contracts include a PWS with the approved/standardlanguage in accordance with 5111.106 unless a waiver approved by ECMOis included. The standard language is provided in Appendix HH. Thewaiver must be filed in the official contract file. This includesfollow-on contracts.  

 (2) Contracting Officers are responsible to ensure Purchase RequestPackages for Exercising an Option on an Existing Contracts arecoordinated with ECMO IAW 5111.106. The coordination document shallbe filed in the contract file. 

 (3) Contracting Officers are responsible to ensure Purchase RequestPackages for issuing a New Order against an Existing Contract arecoordinated with ECMO IAW 5111.106. The coordination documentationshall be filed in the contract file. 

 (4) For New contracts to Cloud Service Providers Contracting Officersare responsible to ensure maximum use of the Common and Data ServiceDescriptions as defined by ECMO in the Army Cloud Plan and issued toContracting by DASA(P). See Appendix HH. 

 (5)For New contracts for Cloud Migration, Hosting, and Managed ServicesContracting Officers and requiring actitivies will maxmize use of theCLIN/SLIN descriptions. See Appendix HH.