REV 5
DLAD 4105.1
J-336
I. The Defense Logistics Acquisition Directive (DLAD) implements the Federal Acquisition Regulation (FAR), Defense FAR Supplement (DFARS), and other DoD publications. It establishes procedures and delegations of authority governing the acquisition of supplies and services by the Defense Logistics Agency under Chapter 137, Title 10, of the United States Code or other statutory authority.
II. Internal operating guidance to implement this directive may be issued by Heads of Contracting Activities and the Defense Reutilization and Marketing Service (DRMS) to the extent indicated in DLAD 1.301.
III. SIGNIFICANT UPDATES. Updates are indicated in bold italics.
The archived, baseline version of the DLAD documents changes made in revision 5, issued May 11, 2000. Significant changes made since issuance of revision 5 or earlier changes not captured in revision 5 are documented as follows:
A. The following Numbered FARS Deviations and DLA PROCLTRs are incorporated into this directive:
1. FARS DEV 00-01 – Class Deviation from Federal Acquisition Regulation (FAR) 31.205-35 Relocation Costs dated January 13, 2000.
2. FARS DEV 00-02 – Class Deviation from FAR 42.15, Contractor Performance Information for Procurements under Bunkers, Into-Plane and Bulk Fuels Programs dated February 14, 2000.
3. FARS DEV 00-03 – Request for Deviations to Certain FAR Clauses for the Pilot
Strategic Supplier Alliance Catalog Contract w/ Honeywell, Inc. dated April 5, 2000.
4. FARS DEV 00-04 – Class Deviation from FAR 12.504,22.1003-4, and 52.212-5, Applicability of the Service Contract Act to Subcontracts for the Acquisition of Certain Commercial Services dated October 4, 2000.
5. FARS DEV 00-05 – Class Deviation from DFARS 208.7305, Use of Government-Owned Precious Metals, for Federal Stock Class (FSC) 6145 dated November 13, 2000.
6. PROCLTR 00-01 – Multiyear Contracting - 17.105-1 and 17.171 dated April 4, 2000.
7. PROCLTR 00-02 – Defense Priorities & Allocations System (DPAS) 11.6 dated June 7, 2000.
8. PROCLTR 01-01 – Foreign Military Sales Support 13.402(90)(2) and 25.7302-(90) dated January 8, 2001.
9. PROCLTR 01-02 – Delegation of Authority to Waive Berry Amendment for Non-Availability 25.7002 dated February 13, 2001.
10. PROCLTR 01-03 - Evaluation of Alternate Offers (DLAD 17.7501(b)(4)) dated March 15 2001.
11. PROCLTR 01-04 - Changes Clause for Commercial Items Acquisitions (DLAD 12.3Ol(f)(90) and (91); 12,302(b)(3)(91); 52.212-9000, Changes-Military Readiness) dated March 19, 2001.
12. PROCLTR 01-05 - Alternative Dispute Resolution (ADR) and Contracting Officers’ Final Decisions (DLAD Section 33.211) dated April 12, 2001.
13. PROCLTR 01-06 - Delegation of Authority to Waive Berry Amendment for Non-Availability (DLAD 25.7002-2) dated Apr 26 2001.
14. PROCLTR 01-07 - Alternative Dispute Resolution Included in Post Award Orientations (DLAD 42.501) dated May 10 2001
15. PROCLTR 01-08 - Suspected Violations Concerning Forced or Indentured Child Labor, (DLAD 22.1503(e)) dated may 30 2001.
16. PROCLTR 01-09 – Alternate Disputes Resolution ( ADR ): Solicitation Provision ( DLAD ) section 33.214 and 52.233-9001)
17. PROCLTR 01-10 - Conditions for Evaluation and Acceptance of Offers for Part Numbered Items (DLAD 52.217-9002)
18. PROCLTR 01-11 - DLA Bundling Coverage (DLAD Sections 7.107; 8.404; 10.001; 15.304; 15.305; 19.202-1; 90.1101) dated Aug 7 2001
19. PROCLTR 01-12 - European Union (EU) Restrictions Involving Non-Manufactured Wood Packaging (NMWP) and Pallets (DLAD 47.305-1(90)) dated Aug 7, 2001
20. PROCLTR 01-13 – Determining Commerciality (DLAD 12.102) dated Aug 9, 2001
21. PROCLTR 01-14 – Conducting Market Research (DLAD 10.001, 12.208, 12.301, 12.302, 15.408) dated Aug 9, 2001.
22. PROCLTR 01-15 – Revision to DLAD 47.305-1(c)(90) regarding European Union (EU) Restrictions Involving Non-Manufactured Wood packaging (NMWP) and Pallets dated Sep 25, 2001.
23. PROCLTR 01-16 - Update to Defense Logistics Acquisition Directive (DLAD) 52.213-9004, Offeror Representations, Certifications, and Fill-In Information – Electronic Commerce Foreign Military Sales Support dated Sep 27, 2001.
24. PROCLTR 01-17 - Revision to DLAD 25.7002, Restriction on Food, Clothing, Fabrics,& Specialty metals dated Nov 8, 2001.
25. PROCLTR 01-18 - Revision to Defense Logistics Acquisition Directive @LAD) Subpart 3.8,Limitation on the Payment of Funds to Influence Federal Transactions dated 11/26/01.
26. PROCLTR 01-19 Use of Approved Sources ( DLAD 11.301, 11.302-90 ) dated Dec 5 2001.
27. PROCLTR 01-20 Management of Critical Safety Items (CSIs) (DLAD 1 1.302-91, 11.304-90, 12.301(f), 17.7501(b)(3)(i), 46.390(a), 52.21 1-9005
,52.211-9006, 52.21 1-9007) dated Dec 5, 2001.
28. PROCLTR 02-01, Clause Rationalization - Year 200 (Y2K) Compliance (DLAD 39.106(a)(92); 52.239-9000 dated Jan 22, 2002
29. PROCLTR 02-02, Implementation of FAR EPA Clauses (DLAD 15.204(b), 16.203-3 and 4, and 52.216-9000 thru 9002 dated Jan 02, 2002. ( See pen & ink changes after posting )
30. PROCLTR 02-03, Bar Coding Requirements for Direct Vendor Delivery (DVD) Shipments (Applicable to DSCC, DSCP and DSCR only) DLAD 11.290, & 52.211-9008 dated Jan 31, 2002.
31. FARS DEV 2002-01 – Class Deviation from DLAD 1.690-3(c), Requirement for J-337 Clearance Approval Authority for letter Contract Definitization s Exceeding $500,000 dated February 04, 2002.
32. IAW action officer Anne Burleighs instructions on 2/21/2002 the DLAD editor removed the following coverage from the DLAD. Coverage at DLAD 12.301(f)(94) and (95) has been removed. This guidance authorized use of the clause at FAR 52.203-3, Gratuities, and the provision at DFARS 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country, when using FAR Part 12, Acquisition of Commercial Items. This clause and provision are now authorized in Part 12 contracts in accordance with DFARS 252.212-7001(a) and 212.301(f)(v), respectively. (DFARS News 2001-03, Change Notice 20011101, DFARS Case 95-D712)
33. IAW pen & ink changes made after posting of PROCLTR 2002-02 by action officer Jerry Gilbart the following changes have been made to the on-line DLAD. Subpart 16.203(90), 16.203-3(90) thru (96), and 16.203-4(90) added new coverage.
34. PROCLTR 02-04, Clause Rationalization — Year 2000 (Y2K) Compliance (DLAD 12.301(f); 39.106(a)(92); 52.239-9000) dated Feb 25, 2002. This PROCLTR supercedes PROCLTR 02-01. See prefatory comment #28 for background on 02-01.
35. FARS DEV 2002-02, Class Deviation to Federal Acquisition Regulation (FAR) 51.101(a), Use of Government Sources by Contractors , dated March 04, 2002. This FARS DEV includes entirely new coverage at subpart 51, and updated coverage and numbering at subpart 90.
36. FARS DEV 2002-03, Class Deviation from FAR 12.204, Solicitation/Contract from DLAD 12.204, dated March 26, 2002.
37. PROCLTR 2002-05, Interim Guidance for Implementation of Section 811 of the Fiscal year 2002 DoD Authorization Act, Regarding Purchases from Federal Prison Industries (FPI), dated April 01, 2002.
38. PROCLTR 2002-06, Guidance for Processing Offers of Government Surplus Material, dated April 03, 2002 had DLAD editor historical comments of clarification for DLAD 11.302. New DLAD changes from PROCLTR 02-06 for subpart 11.302 remove the previous traceability. To maintain trackability see this comment.
39. PROCLTR 2002-07, Offers of surplus Material for Critical Safety items (CSIs) and Revisions to the DLAD Guidance Issued by PROCLTRS 01-19 and 01-20, dated April 03, 2002. For archival purposes the coverage for subpart 11.302-90 for this PROCLTR has been included in this prefatory comment. (Archive.a href="#TopOfPage".http://www.dla.mil/j-3/j-334./a. .) Contracting officers are responsible for performing all necessary actions for effective contracting. They must ensure compliance with laws, regulations, and procedures; safeguard Government interests; request and consider advice of appropriate specialists (audit, law, engineering, etc.); and exercise business judgment (see FAR 1.602-2). Contracting officers have a responsibility to ensure that the selected source has the intent and capability to provide the item in compliance with the terms of the contract, including the item description; and they have broad latitude to carry out their duties. However, the contracting officer is not authorized to determine what sources should be approved and cited in the AID. Contracting officers must follow the guidance at 11.302-90(c) to determine when pre-award referral to the technical/quality specialist is required to ensure that a prospective contractor is technically acceptable. -->
: see prefatory comment #26 & 27 above)
40. PROCLTR 2002-08, Revision to DLAD 17.1, Multi-Year Contracting and 90.1101 Contents of written acquisition plans, dated April 29 2002.
41. PROCLT 2002-
B. Organizational Changes.
1. Changes were made throughout the DLAD to reflect the DLA 21 reorganization of Headquarters in accordance with General Order No. 6-00 dated May 31, 2000 viewable at http://www.dla.mil/public_info/GOdla21.asp and the establishment of the Defense Contract Management Agency (DCMA) according to DepSecDef Memo dated Mar 27, 2000 viewable at http://www.dla.mil/j-3/j-336/logisticspolicy/DCMA%20ltr.pdf . Concurrent with these changes, the Executive Director, Procurement, DLA, was retitled Executive Director, Logistics Policy and Acquisition Management (J-33).
2. Changes made throughout the DLAD to reflect the redesignations of item 1. above and other organizational vhanges are summarized in the table below:
J-33 Organizational Update Summary | ||||
From |
To |
|
From |
To |
DLSC |
J-3 |
DLSC-PO |
J-33 | |
DLSC-P |
J-33 |
Defense Automated Printing Service, DAPS |
Document Automation and Production Service, DAPS | |
DLSC-PRS |
Disestablished |
DLA 21 General orders: http://www.dla.mil/public_info/GOdla21.asp | ||
DLSC-PRT |
J-339 |
Executive Director, Procurement Management |
Executive Director, Logistics Policy and Acquisition Management | |
DLSC-PPB |
J-337 |
|||
DLSC-PPP |
J-336 |
DASC |
DSS | |
DLSC-POA |
J-335 |
DASC-CA |
DSS-OC | |
DLSC-PON |
J-308 |
DASC-C |
DSS-O | |
DCMC |
DCMA |
DAPSC |
Disestablished | |
Maintained by J-336 webmaster / DLAD editor & viewable at http://www.dla.mil/public_info/GOdla21.asp |
C. Other Changes.
1. References to the Truth In Negotiations Act, (TINA
) were changed from $500,000 to $550,000.
2. The Regulations website was changed from www.procregs.hq.dla.mil to www.dla.mil/j-3/j-336/default.htm .
3. The coverage at 45.302-1 is changed to conform to the December 8, 2000, Delegation of Head of Agency Authority to the Executive Director, Logistics Policy and Acquisition Management
4. Contract quality requirements references to the obsolete ANSI/ASQC Q9002 standard have been replaced with the ISO 9001:2000 standard. See subpart 46.202-4-90 and the clause at 52.246-9001.
5. References to the former DLA activity DCMD and DCMA were removed IAW http://www.dla.mil/j-3/j-336/logisticspolicy/DCMA%20ltr.pdf and HQC commandant was changed to Staff Director, HQC Operation.
6. Reference to DLAD 16.306 has been removed because of changes to the FAR.
7. Changed the title of DESC’ Chief of Contracting office to Center Senior Procurement Official, CSPO
.
8. IAW instructions from Action Officer the DLAD editor corrected 11.103(e)(100).
9. On 9/28/01 DLAD editor added section 52.213-9004(d) 14, IAW PROCLTR 01-16.
10. A new (iv) was added to 15.403-4(b)(90) inasmuch as the contracting officer coordination is needed to assure timely initiation and performance of pricing assistance.
11. A requirement was added to 15.404-2(d) for provision to the local cost and price office of a copy of the selected TINA waivers are to be furnished to J-337.
12. The penultimate sentence at DLAD subpart 1.690-6(a) was removed to eliminate confusion concerning review requirements.
BY THE ORDER OF THE DIRECTOR
DSS:Staff Director, HQC Operations
COORDINATION:
GC:________________ CAH:________________ J-33:_______________
DCMA-O:_______________ J-33:________________
DCMA-AA:______________
This DLAD revision supersedes DLAD 4105.1, 1994 Edition, Revision 4, January 1, 1998.