FEDERAL ACQUISITION REGULATIONS SYSTEM
TABLE OF CONTENTS
SUBPART 1.1 - PURPOSE, AUTHORITY, ISSUANCE
1.101 Purpose.
1.104 Applicability.
1.105 Issuance.
1.105-1 Publication and code arrangement.
1.105-2 Arrangement of regulations.
1.105-3 Copies
SUBPART 1.2 - ADMINISTRATION
1.201-90 Maintenance of the DLAD.
1.201-91 Amendment of regulations.
1.201-92 DLAD changes.
1.201-93 Dissemination and effective date of the regulation.
SUBPART 1.3 - AGENCY ACQUISITION REGULATIONS
1.301 Policy.
1.301-90 Contracting office guidance.
1.301-91 Contracting office clauses.
1.304 Agency control and compliance procedures.
1.390 DLAD.
SUBPART 1.4 - DEVIATIONS FROM THE FAR
1.403 Individual deviations.
1.404 Class deviations.
1.490 Submission of requests for deviations.
1.491 Control of deviations.
1.492 Streamlined Solicitation for Defense Fuel Supply Center
(DFSC) Contracts.
1.493 National Performance Review (NPR) Reinvention Laboratory
Deviation Authority.
SUBPART 1.5 - AGENCY AND PUBLIC PARTICIPATION
1.501 Solicitation of agency and public views.
1.501-2 Opportunity for public comments.
1.590 Changes in contracting processes, techniques, or methods.
SUBPART 1.6 - CONTRACTING AUTHORITY AND RESPONSIBILITIES
1.601 General.
1.601-90 Center Senior Procurement Official.
1.601-91 Contract Quality Management Plan.
1.602 Contracting officers.
1.602-1 Authority.
1.602-2 Responsibilities.
1.602-2(91) Selection, appointment, evaluation, and termination of
appointment of contracting officers' representatives, and
contracting officers' technical representatives
1.602-3 Ratification of unauthorized commitments.
1.602-90 Nonappropriated funds.
1.603 Selection, appointment, and termination of appointment.
1.603-1 General.
1.603-2 Selection.
1.603-3 Appointment.
1.603-90 Ordering officers.
1.603-91 Micro-purchase contracting authority.
1.603-92 Contracting officer review program.
1.603-93 Selection, appointment, & termination of appointment
1.690 Contract Clearance and Oversight Process.
1.690-1 General.
1.690-2 Policy.
1.690-3 Establishment of clearance approval authority.
1.690-4 Contract clearance standards.
1.690-5 Types of actions requiring contract clearance.
1.690-6 Contracts/actions requiring HQ DLA clearance.
1.690-7 Notification, review and approval procedures.
1.690-8 Waiver of HQ DLA Review.
1.691 Legal review.
1.692 Confirmation of quantity and technical requirements.
SUBPART 1.7 - DETERMINATIONS AND FINDINGS
1.703 Class determinations and findings.
SUBPART 1.9 - ADMINISTRATION OF DLAD
1.900 Administration and explanation.
SUBPART 1.1 - PURPOSE, AUTHORITY, ISSUANCE
The Defense Logistics Acquisition Directive (DLAD) is issued by the Deputy Director, Logisitics Operations,(J-3), by authority of the Director, Defense Logistics Agency (DLA). It implements and supplements the Federal Acquisition Regulation (FAR), the Defense FAR Supplement (DFARS), the DFARS Procedures, Guidance and Information (PGI) and other Department of Defense publications and, pursuant to FAR 1.304, establishes DLA procedures relating to the acquisition of supplies and services under the authority of Chapter 137, Title 10 of the United States Code, or other statutory authority. This DLAD is not a stand-alone document and shall be read in conjunction with the FAR, DFARS, DFARS PGI,and the DLA One Book.
(a) This directive is applicable to the contracting function at all DLA activities.
1.105-2 Arrangement of regulations.
(c) References and citations.
(2) The Defense Logistics Acquisition Directive 5025.30 shall be referred to as the DLAD.
(90) This directive is available on the Internet directly from the J-71 site at:
http://www.dla.mil/j-3/j-336/default.htm and may be downloaded in full text or by Part number. From the effective date of DLAD Revision 5, the Directive will be continually updated on this site as changes occur. Therefore, the most current version is found at the above website. This directive is also transmitted through the Distributed Minicomputer Systems (DMINS) E-Mail by J-71 to DLA field activities that request it in that manner. It is also available through DLAPS on the DLA HQ Local Area Network (LAN). It is available on-line with full data base capability from private sources. DLA field activities desiring this directive in the latter mode should contact their local installation supporting library/publications personnel for subscription requests.
(91) The companion resource, DLAD Procedures, Guidance and Information (PGI), is available electronically via the World Wide Web at
http://www.dla.mil/j-3/j-336/DLADPGI/default.htm .
1.201-90 Maintenance of the DLAD.
1.201-91 Amendment of Regulations.
Recommendations for amending the FAR or the DFARS shall be submitted to HQ DLA, ATTN: J-71. Submittals shall be in the form of a memorandum (without signature block) to the Director, DAR Council and be formatted in accordance with the DAR case guidance provided at 90.7. Recommendations for amending the DLAD shall be submitted in the form of a letter signed by the chief of the contracting office and be in the format of I. Problem; II. Recommendation; and III. Discussion.
Numbered DLAD changes are issued periodically by the Director, Acquisition Management , to revise and update the DLAD.
1.201-93 Dissemination and effective date of the regulation (including appendices, revisions, supplements, and manuals).
(a) Chiefs of the contracting office shall ensure that the FAR, DFARS, DFARS PGI, and DLAD, DLA One Book including revisions, are accessible by all interested individuals..
(b) Compliance with the DLAD, including any revision to the DLAD, shall be permissive on the date of the revision and shall be mandatory 30 days after issuance, unless otherwise provided in the revision.
SUBPART 1.3 - AGENCY ACQUISITION REGULATIONS
(a) Implementation and supplementation of the FAR, DFARS, and DFARS PGI is contained in the Defense Logistics Acquisition Directive under the authorization and subject to the authority of the Director, Acquisition Management (J-7). The DLAD contains - -
(1) Clear requirements and procedures of law;
(2) Mandatory DLA-wide policy;
(3) Deviations from higher level regulations; and
(4) Designations/delegations of contracting authority.
(b) Relevant procedures, guidance, and information (PGI) that do not meet the criteria in paragraph (a) of this subsection are issued in DLAD PGI.
1.301-90 Contracting office guidance.
(a) Procedural guidance relative to the FAR, DFARS, and/or DLAD may be issued by heads of contracting activities consistent with FAR 1.304 and DFARS 201.304. This authority is delegable to the chief of the contracting office without power of redelegation. In addition, the Director, Acquisition Management, (J-7) , has delegated this authority to the Commander, Defense Reutilization and Marketing Service (DRMS). Requests for approval of any regulatory document meeting the criteria prescribed in DFARS 201.304(1) and (3) shall be submitted to J-71 for submission by the Director, Acquisition Management, (J-7) , to the DAR Council Director for approval by the Director, Defense Procurement and Acquisition Policy. The format, general plan, and numbering system of procedural guidance shall be the same as FAR, DFARS, and DLAD.
(b) Defense Supply Centers and DRMS shall furnish HQ DLA, ATTN: J-71, one copy of each procedural instruction for review after publication. Contracting offices need not separately request approval under DFARS 201.304(1) and will, based on the copy of the procedures provided, be advised by letter if the procedure is disapproved.
1.301-91 Contracting office clauses.
(a) Clauses and provisions that are developed as a result of negotiations or which fulfill a specific and unique requirement of the acquisition, that do not constitute a deviation from FAR, DFARS, or DLAD, and that do not require the approval of the Director, Defense Procurement and Acquisition Policy shall be submitted upon incorporation in a contract to the local contract policy office, or, where no such office exists, to the chief of the contracting office, for review. A copy shall also be forwarded concurrently to HQ DLA, ATTN: J-71.
(b) Proposed new repetitive use or "substantially the same as" local clauses shall be reviewed by the local contract policy office or, where no such office exists, by the chief of the contracting office prior to use. Reviews should determine essentiality, ensure that the clauses do not contain material differences from those already authorized for use, and ensure that the new circumstances for use of the clauses are appropriate. These are clauses which are not deviations and which otherwise do not require Director, Defense Procurement and Acquisition Policy approval. A copy shall also be forwarded to HQ DLA, ATTN: J-71, subsequent to review and issuance by the local contract policy office.
(c) DLAD coverage for a local clause which has been approved as a permanent deviation will include the prescription for the use of the clause, the title of the clause, the date of the clause, and the local FAR system number of the clause. Editorial changes to the local clause may be made locally. A copy of the revised clause shall be forwarded to J-71 to update the DLAD. Any significant revision to the clause must be treated as a new deviation in accordance with 1.490.
(d) Clauses developed for local use are to be numbered in accordance with DFARS 252.101. Each activity's clauses are to be identified with a nine in the sixth position denoting an Agency or component clause and an alpha symbol in the seventh position. The alpha symbol for each activity is identified as follows:
DSCC - 9C00 DES –- 9A00
DSCP - 9P00, 9I00 DDC - 9W00 DESC - 9F00
DRMS - 9R00 DNSC - 9N00 DSCR - 9G00
(e) One-time use clauses do not have to be numbered, but must be identified in accordance with FAR 52.103 by title, date, and name of organization that developed them.
(f) DLA clauses codified in the Code of Federal Regulations are to be numbered using the prefix of 54.
1.304 Agency control and compliance procedures.
(4) The plan required by DFARS 201.304(4) is comprised of 1.301-91, 1.403 and 1.404, as well as this section.
(90) The Defense Supply Centers and DRMS are precluded from adopting any new, or continuing to use any old, clause or provision, including any quality assurance provision or other contractual requirements language, that includes any nonstatutory certification without prior review and approval by the Director, Defense Procurement and Acquisition Policy. Any local certification requirement considered to be mandated by statute that is currently in use or proposed for use must be submitted to HQ DLA, attn: J-71, for forwarding to DPAP.
(a) Contents. This directive and its companion resource, DLAD PGI, contain all enterprise-wide policies and procedures relating to the acquisition of supplies and services within DLA, except those that may otherwise reside in the DLA One Book, other DLA directives, manuals, handbooks, or other similar documents.
(b) Procurement letters. Numbered procurement letters (PROCLTRs) are issued by the Director, Acquisition Management, (J-7) , to provide information and procedural guidance to DLA contracting personnel, to emphasize existing policy, or to transmit new or changed policy promulgated by OSD or higher authority. PROCLTRs shall expire no later than 1 year from date of issue. PROCLTRs can be accessed and downloaded from the Internet via the J-71 website: http://www.dla.mil/j-3/j-336/logisticspolicy/procltrspage_2.htm , for distribution to DLA contracting offices and within Headquarters, DLA. The PROCLTR Distribution List is maintained by J-71.
(c) Multiple address letters. Unnumbered multiple address letters will be issued for one-time requests for comments or reports, announcements of procurement conferences and other meetings. No implementation beyond the action requested is contemplated.
SUBPART 1.4 - DEVIATIONS FROM THE FAR
(a) Except for individual deviations to the coverage listed in DFARS 201.402(1)(i), through (vi), and individual deviations granted in accordance with DFARS 201.403(2), deviations from FAR, DFARS, a Department of Defense Directive, or the DLAD which affect only one contract or transaction, may be made only after approval by the Senior Procurement Executive, SPE .
(b) Requests for deviations to the coverage listed in DFARS 201.402(1)(i) through (vi) shall be submitted to HQ DLA, ATTN: J-71, for submission by the SPE, to the DAR Council Director for approval by the Director, Defense Procurement and Acquisition Policy.
(a) Requests for class deviations shall be submitted to HQ DLA, ATTN: J-71, for submission to the Director, Acquisition Management, (J-7) , for approval, or to the DAR Council Director for approval by the Director, Defense Procurement and Acquisition Policy.
(b) Requests for class deviations pursuant to DFARS 201.404(b)(i) and (ii)shall be submitted to HQ DLA, ATTN: J-71, for submission to the DAR Council Director for approval by the Director, Defense Procurement and Acquisition Policy, or to the SPE for approval, respectively.
(90) All class deviations for the FAR, DFARS, and DLAD which are required for longer than three years will be incorporated in the DLAD.
1.490 Submission of requests for deviations.
(a) Requests for authority to deviate from the provisions of the FAR or the DFARS shall be submitted to HQ DLA, ATTN: J-71. Submittals shall be formatted in accordance with the guidance at 90.702. Requests for authority to deviate from the provisions of the DLAD shall be submitted in the form of a letter signed by the chief of the contracting office and be in the format of I. Problem, II. Recommendation, and III. Discussion. The deviation request shall include a statement that the request has been reviewed and concurred in by local counsel. Pertinent comments by local counsel should be forwarded with the request.
(i) Requests for new deviations which will be needed beyond the normal three year expiration period should be submitted to HQ DLA, ATTN: J-71, as permanent deviations to be incorporated into the DLAD. The deviation request shall also include appropriate DLAD language.
(ii) Requests for extension of existing deviations should also be requested as permanent DLAD coverage unless superseding regulatory changes are in process.
(b) Requests for class deviations which have a significant cost or administrative impact upon contractors or offerors must be published in the Federal Register. See 1.501-2.
(i) Class deviations for which publication is required should be submitted to J-71 in sufficient time to allow for a 60 day public comment period, resolution of public comments, review of the resolved comments by the DAR Council and approval by the Director, Defense Procurement and Acquisition Policy.
(ii) If a paperwork reduction or regulatory flexibility analysis is required, additional time should be allowed for these analyses.
(c) For those class deviations which have originated in a DLA field activity and do not have significant cost or administrative impact upon contractors or offerors, the originator will initiate action for renewal or extension, when appropriate, at least 90 days prior to the expiration date.
A register shall be maintained by J-71 of the deviations granted to the FAR, DFARS, and DLAD. Each deviation shall be recorded in the register and shall be assigned a control number (i.e., FARS DEV (FAR system deviation) YY-##)). The control number shall be included in the document authorizing the deviation and shall be cited in all references to the deviation.
1.492 - Streamlined Solicitation for Defense Energy Support Center Contracts (DEVIATION)
Defense Energy Support Center (DESC) is authorized to either eliminate or modify various clauses and provisions in buying petroleum, petroleum-related services, and coal. FAR and DFARS clauses/provisions eliminated or modified and DESC clauses which have been modified are listed at 90.13.
1.493 National Performance Review (NPR) Reinvention Laboratory Deviation Authority.
(a) Contracting activities which have been designated as Reinvention Laboratories may grant individual or class deviations to the FAR, DFARS, or DLAD, where necessary to accomplish reinvention laboratory initiatives. This authority may be delegated by the HCA, without power of redelegation, to the chief of the contracting office. The Director, Acquisition Management, (J-7) has delegated this authority to the Commander of the Defense Reutilization and Marketing Service (DRMS) and the Administrator of the Defense National Stockpile Center (DNSC) without power of redelegation.
(b) This deviation authority does not apply to:
(i) Deviations which have a significant effect beyond internal operating procedures or; those which have a significant cost or administrative impact on contractors or offerors (see FAR 1.501).
(ii) Individual deviations at DFARS 201.402(1)(i) which require Director, Defense Procurement and Acquisition Policy approval.
(iii) Requirements imposed by statute or that implement regulations or directives of other agencies.
(c) Reporting Requirement. A report covering all deviations exercised as a result of the Reinvention Laboratories initiative shall be forwarded to J-71 15 days after the end of each calendar quarter. Reports shall contain a brief description of any deviation exercised as a result of this authority including the FAR, DFARS, or DLAD citation, the action or class to which the deviation applies, and the goal which the deviation supports. The Executive Director Acquisition Management , will consolidate and submit to the Director, Defense Procurement and Acquisition Policy a quarterly report with a brief description of all deviations exercised in the last quarter.
SUBPART 1.5 - AGENCY AND PUBLIC PARTICIPATION
1.501 Solicitation of agency and public views.
1.501-2 Opportunity for public comments.
(b)(2) Contracting office comments on proposed rules published for public comment in the Federal Register shall be submitted to HQ DLA, ATTN: J-71. J-71 will take appropriate action on such comments. Actions may include consideration in DAR Council Committee, submission to the DLA DAR Council Policy Member for resolution at the DAR Council, or consolidation of comments and submission directly to the FAR Secretariat or the DAR Council case manager.
(90) J-71 will be the focal point for any Federal Register notices of proposed rules submitted by contracting offices requiring the public comment process. The appropriate contracting office will be responsible for the analysis of public comments and the preparation of a final rule. The final rule will be submitted to J-71 for review and submission through the DAR Council to the Director, Defense Procurement and Acquisition Policy.
1.590 Changes in contracting processes, techniques, or methods.
(a) General. Whenever a contracting office contemplates a significant change in a contracting process, technique, or method which may have a substantial impact on industry and/or the Government, the activity shall promptly notify HQ DLA, ATTN: J-71, of the contemplated change and the reasons for the change. This notification is necessary for HQ DLA to respond to any reactions from industry, the Congress, or the using Military Departments. In addition, HQ DLA has information which may not be available at the field level and can evaluate the significance of the proposed action to the Agency as a whole. Accordingly, it is essential that HQ DLA know what is contemplated before a significant change is publicized.
(b) Examples of significant changes. Examples of contemplated changes which are significant and which require notification to HQ DLA are (but not limited to) a change in--
(1) A longstanding inspection requirement or procedure;
(2) The method of providing and/or accounting for Government-provided property;
(3) A type of contract which constitutes a significant departure from the acquisition technique previously utilized;
(4) Solicitation techniques and the elements used in evaluation of offers;
(5) The region/area from which acquisition of an item has been previously accomplished;
(6) The location of a contracting office; or
(7) Item specification which prompts a major change in manufacturing and/or processing techniques.
(c) Data to support request. To determine the impact of a contemplated change in contracting method, requests for approval of a proposed change in a contracting method should contain the following information:
(1) A description of the present and proposed contracting methods;
(2) A statement of the difficulties encountered in the use of the present method and/or the improvements foreseen as the result of a change;
(3) A statement as to the degree of impact of the change expected on industry and/or the Government; and
(4) A statement as to the net benefits accruing to the Government as a result of the change.
SUBPART 1.6 - CONTRACTING AUTHORITY AND RESPONSIBILITIES
Authority conferred upon the Heads of contracting activities, Commanders of contracting offices or the chief of the contracting office under any paragraph of DLAD may be delegated with power of redelegation to other officials, except when specifically limited by law or the provisions of the pertinent DLAD paragraph. The chief of the contracting office will maintain a list of all delegations and promptly notify HQ, DLA, ATTN: J-71, of any changes.
1.601-90 Center Senior Procurement Official
(a) In order to minimize the risk attendant to the integration of the contracting function into multifunctional teams at the Inventory Control Points (ICPs), each Head of Contracting Activity (HCA) shall establish within the activity a position of Center Senior Procurement Official (CSPO). The CSPO shall be a strong, functionally independent procurement official. The position shall be a critical acquisition position at the civilian GM-15 or military 0-6 level, and shall be filled by an individual who is certified at level III in the contracting career path under the Defense Acquisition Workforce Improvement Act (DAWIA). The CSPO shall be the “Chief of the Contracting Office” as defined in subpart 2.1.
(b) Responsibilities. The CSPO shall maintain oversight of the activity’s procurement function and ensure the fundamental integrity of the activity’s procurement system for and on behalf of the HCA. To accomplish this, the CSPO shall:
(1) Have responsibility for the contract policy, pricing, and clearance and oversight functions.
(2) Serve as the Defense Supply Center’s clearance authority (see 1.690-3(a)).
(3) Ensure that a review and approval channel consisting of DAWIA certified or certifiable GS-1102s or GS-1101s in the contracting career path, matrixed if necessary, is in place to provide review and approval of contracting actions specified by regulation. This review and approval channel shall also assist in the resolution of complex contracting issues that are elevated by contracting officers.
(4) Select, appoint, and terminate the appointment of contracting officers when such authority has been delegated to the chief of the contracting office in accordance with 1.603-1.
(5) Manage the activity’s Contracting Officer Warrant Program (see 1.603-1(91)). The objective of this program is to ensure that only those officials who fully meet appropriate selection criteria are appointed and retained as contracting officers when an organizational need occurs.
(6) Manage the activity’s Contracting Officer Review Program (see 1.603-91).
(7) Ensure compliance with the requirements for evaluations of contracting officers and others in the contracting career field as specified in DLAD 1.603.94[3].
(8) Ensure that contracting personnel, including those in developmental programs, obtain the mandatory training, education, and experience required by DoD 5000.52M to become certified at the appropriate levels.
(9) Assure that Defense Acquisition University (DAU) course quotas are requested in sufficient numbers to meet training requirements and that these quotas are used or returned in time for the Army Training Requirements and Resources System (ATRRS) to reallocate the spaces.
(10) Together with the HCA and the Center’s Civilian Personnel Office, designate critical acquisition positions within the activity.
(11) Ensure waiver requests are processed through the HCA to the Agency’s Acquisition Career Program Board (ACPB) in accordance with CAH letter dated November 10, 1994, subject: Waiver of Requirement to be a Member of the Defense Acquisition Corps. This letter states that “only persons who are members of the acquisition corps may serve in critical acquisition positions unless a waiver is obtained.” The letter also provides the general criteria for a waiver request, i.e., “significant potential for advancement to levels of greater responsibility and authority -- based on demonstrated analytical and decision-making capabilities, job performance, and qualifying experience.”
(12) Be the program manager for the activity’s program of development for first line supervisors of multi-functional teams. The policy for this program is specified in AQP/MMS letter dated July 14, 1994, subject: Supervisory Development Programs in Commodity Business Units, Commodity Management Groups, and Like Organizations. Paragraph 5.d. of this letter establishes the requirement that “an employee residing at a senior contracting career level should be designated as program manager” for the Center’s program for the development of first line supervisors of multi-functional organizations. This does not preclude the participation of personnel from other disciplines in this program.
(13) Develop a Contract Quality Management Plan that describes how integrity is preserved within the contracting function (see 1.601-91).
1.601-91 Contract Quality Management Plan.
(a) Each HCA shall be responsible for a Contract Quality Management Plan (CQMP). The purpose of the plan is to assure that each HCA has in place an effective management control plan for assuring contracting system controls and integrity and for continuous improvement of contract quality in all phases of the procurement process. The CSPO (see 1.601-90) shall develop the plan for and on behalf of the HCA.
(b) The CQMP shall address the following elements:
(1) A description of the procedures in place assuring that the CSPO has been assigned responsibility for the contract policy, pricing, and clearance and oversight functions (see 1.601-90(b)(1)).
(2) A description of how continuous contract quality improvement will be achieved utilizing the eight contract clearance standards at 1.690-4.
(3) A description of the contracting review and approval channel within the activity. This review and approval channel shall consist of DAWIA certified or certifiable GS-1102s or 1101s in the contracting career path.
(4) A description of the activity’s Contracting Officer Warrant Program (see 1.603-1(91)).
(5) A description of the activity’s Contracting Officer Review Program (see 1.603-91).
(6) How the contracting activity complies with the requirements for evaluations of contracting officers and others in the contracting career field as specified in DLAD 1.603.94[3].
(7) A description of how the CSPO ensures that activity contracting personnel, including those in a developmental program, attend mandatory DAWIA training courses and that they obtain the required education and experience.
(8) A description of how the activity’s DAWIA certification process is managed.
(9) A description of how the activity’s critical acquisition positions are determined and the procedures for processing a waiver request.
(10) A description of how the activity’s program for developing a pool of talent for filling multi-functional supervisory vacancies is managed (see AQP/MMS letter dated July 14, 1994, subject: Supervisory Development Programs in Commodity Business Units, Commodity Management Groups, and Like Organizations).
(c) The CQMP and substantial revisions thereto shall be submitted by the HCA for approval by the Director, Acquisition Management, (J-7) . The plan shall be kept current.
(a) Each appointing authority shall prepare and maintain a current listing of all of the activity’s contracting officers and the limits of their authority. This list shall also include the name and location of any contracting officer assigned to an activity but physically located at other than the central activity. The listing shall be in the sample format at (b) below. A copy of this listing will be provided to HQ DLA, ATTN: J-73, annually at the beginning of each fiscal year.
(b) Sample format for listing of contracting officers:
_____________________________________________________________________
DATE OF
CURRENT DOLLAR CANDIDATE MEETS INTERIM
NAME GRADE WARRANT LEVEL SELECTION CRITERIA APPOINTMENT
(Yes or No) (Yes or No)
_____________________________________________________________________
(c) Contracting officer warrants lists shall be reviewed by J-7313. The review will include the following considerations: a contracting office's needs for the number and dollar values of warrants relative to the office's size and mission; whether warrants should be limited or unlimited; whether warrants are rescinded when appropriate; whether contracting officers meet the FAR/DFARS/DLAD selection criteria; the number and duration of waivers to selection criteria; and whether a periodic review of contracting officers warrants by the contracting office has been accomplished.
(90) Contracting officers shall be bound in all their actions to exercise reasonable care, skill, and judgment.
(91) Selection, appointment, evaluation, and termination of appointment of contracting officers' representatives, and contracting officers' technical representatives.
(a) Designation and training. The selection, appointment, evaluation, and termination of appointment of contracting officers' representatives (CORs) and contracting officers' technical representatives (COTRs) shall be made by the contracting officer. Such appointments shall take into consideration the ability, training, and experience of COR/COTR designees and shall assure that designees are appropriately qualified to act as authorized representatives of the contracting officer. All CORs/COTRs should complete a computer based training course or equivalent prior to being issued a letter of appointment (see DLAD 90.602-3). The COR/COTR designations shall be in writing and shall define the scope and limitations of the authorized representative's authority. Appointment shall be made by letter substantially in the form set forth in (d) below. Unless the appointment of a COR/COTR contains other provisions for automatic termination, the appointment shall be effective, unless sooner revoked, until the COR/COTR is reassigned or the individual's employment is terminated. Revocation of a COR/COTR appointment may be effected at any time by the appointment authority, or higher authority, or any successor to either. Revocation shall be made by letter substantially as shown in (e) below.
(b) Authority. CORs/COTRs shall maintain compliance with DoD Directive 5500.7-R, Joint Ethics Regulation. Specific guidance for CORs/COTRs is provided in Subpart 90.6. Guidance concerning contracting officer's representatives for provisioning is addressed at 17.7690.
(c) Evaluation and Documentation. For details see Mandatory PGI 1.602-2(c).
(d) Sample letter of appointment. For details see Mandatory PGI 1.602-2(d).
(e) Sample letter for terminating appointment. For details see Mandatory PGI 1.602-2(e).
1.602-3 Ratification of unauthorized commitments.
(b) Policy.
(2) Proposed ratification of unauthorized commitments valued in excess of the simplified acquisition threshold at FAR 2.101 from those activities in paragraphs 1.602-3(b)(2)(A) through (F) of this Subsection shall be forwarded by letter signed by the Commander, Director, or the Administrator, to HQ DLA, ATTN: J-71. Such referrals shall clearly document: (A) that the authority of FAR 1.602-3 exists and that ratification is within the limitations of FAR 1.602-3(c); (B) the circumstances surrounding the unauthorized commitment; and (C), as appropriate, a description of the corrective action taken to preclude such unauthorized commitments in the future.
(3) Heads of contracting activities may delegate their ratification authority (FAR 1.602-3(b)(2)) for unauthorized commitments valued at or below the simplified acquisition threshold at FAR 2.101 to the Chief of the Contracting Office. The authority to ratify unauthorized commitments in excess of the simplified acquisition threshold may not be delegated. The Director, Acquisition Management, (J-7) , has delegated the authority to ratify unauthorized commitments valued at or below the simplified acquisition threshold at FAR 2.101 to the Commander of the activities listed in 1.602-3(b)(3)(A) through (C) of this Subsection, and to the Director, DAPS, the Director, DLA Enterprise Support (DES), and the Administrator, DNSC, (respectively) without power of redelegation:
(A) Defense Distribution Center (DDC).
(B) Defense Reutilization and Marketing Service (DRMS).
(C) Defense Media Center, DMC (Formerly Television - Audio Support Activity, T-ASA).
(D) DLA Enterprise Support(DES).
(E) Document Automation and Production Service (DAPS)
(F) Defense National Stockpile Center (DNSC)
.
1.602-90 Nonappropriated funds.
Appropriated fund contracting officers may act in an advisory capacity on nonappropriated fund contractual instruments. Appropriated fund contracting officers, however, shall not perform the duties of a contracting officer on any contractual instrument obligating only nonappropriated funds except when required by AR 215-4, Nonappropriated Fund Contracting. Contracting officers shall be separately warranted for contracting with nonappropriated funds.
1.603 Selection, appointment, and termination of appointment.
The authority in FAR 1.603-1 for selection, appointment, and termination of appointment of contracting officers has been delegated by the Director, DLA to the DLA Heads of Contracting Activities (HCAs). For the activities not designated as contracting activities (see DLAD 2.101), the Director, Acquisition Management, (J-7) , as HCA, has delegated this authority, to the Commander of those activities and to the Directors, DAPS, and DES, and the Administrator, DNSC. This authority is delegable, without power of redelegation to the chief of the contracting office.
(90) Definitions.
"Appointing Authority" means any person delegated the authority to appoint contracting officers in accordance with 1.603-1 above.
"Warrant Limitations" are limitations, in addition to the DLAD, laws, Executive Orders, and other applicable regulations, which are imposed on the authority of contracting officers either by delegation or actions of the appointment authority. These limitations may include, but are not limited to, dollar obligation ceilings, interim appointment period, requirements for prior reviews by higher authority, or other approval requirements.
(91) The DLA Contracting Officer Warrant Program.
(a) As prescribed in FAR 1.603-1, DLA has established the DLA Contracting Officer Warrant Program for the selection, appointment, and termination of contracting officer warrants.
(b) The objective of this program is to ensure that only those officials who fully meet appropriate selection criteria are appointed and retained as contracting officers when an organizational need occurs.
(90) Selection criteria for contracting officer appointments are listed in DFARS 201.603-2. Education and training requirements for warrants above this threshold are also set forth in DoD 5000.52M, Acquisition Career Development Program (November 1995); see especially Appendix M. There are no specific education or training requirements for contracting officers, other than those pertaining to the candidate’s series and grade level, for warrants for simplified acquisitions above the micropurchase threshold but under the simplified acquisition threshold.
(a) Experience requirements and selection procedures:
(1) Candidates for simplified acquisition contracting officer warrants above $2,500 shall have two years of recent experience in Government or commercial contracting, including 6 months experience applicable to the dollar threshold or nature of procurement actions for which the warrant will be issued.
(2) For Contracting Officer Warrants above the simplified acquisition threshold, candidates shall meet the following additional experience requirements:
(i) Warrants for up to a maximum of $500,000: Three years of recent, progressively complex and responsible contracting and/or staff experience in Government or commercial contracting.
(ii) Warrants which exceed $500,000: Four years of recent, progressively complex and responsible contracting and/or staff experience in Government or commercial contracting.
(3) Field buyers and Defense Subsistence Office Personnel placing calls against Blanket Purchase Agreements for fresh fruits and vegetables may be exempt from the above requirements. Appointing authorities may establish specialized selection criteria as appropriate for these two categories of warranted personnel.
(4) At the request of the supervisor, the candidate will prepare a Contracting Officer Warrant Program Selection Statement using the following format:
SAMPLE CONTRACTING OFFICER WARRANT PROGRAM SELECTION STATEMENT.
This format should be used by each contracting officer candidate when applying for a contracting officer's warrant:
1. NAME
2. TITLE, SERIES, GRADE
3. OFFICE
4. RELEVANT EXPERIENCE (Begin with current position and go back for a minimum of two years. Include up to four relevant positions.) Information on each position should include:
A. NAME OF EMPLOYER
B. DATES EMPLOYED
C. TITLE OF POSITION
D. KIND OF BUSINESS/ORGANIZATION
E. DESCRIPTION OF WORK (Include quantity, complexity, type, and average dollar amount of documents obligated, if applicable.)
5. OTHER RELEVANT SPECIAL QUALIFICATIONS, CERTIFICATIONS, OR SKILLS
6. RELEVANT HONORS, AWARDS OR FELLOWSHIPS RECEIVED
7. EDUCATION:
A. HIGHEST LEVEL COMPLETED
DIPLOMA RECEIVED: ( )YES ( )NO
B. NAME OF COLLEGE/UNIVERSITY
(1) DATES ATTENDED
(2) NUMBER OF CREDITS COMPLETED (Indicate whether credits are
semester or quarter hours.)
(3) TYPE AND YEAR OF DEGREE
(4) CHIEF UNDERGRADUATE COLLEGE SUBJECTS
(5) MAJOR FIELD OF STUDY AT HIGHEST LEVEL OF COLLEGE WORK
8. CONTRACTING RELATED TRAINING (See 1.603-2 for training requirements):
NAME OF COURSE NAME OF DATE
ATTENDED SCHOOL
(5) The supervisor will review this statement to determine the candidate's ability to perform the functions required to meet the
organizational need.
(a) Request for Appointment.
(1) The supervisor will complete a Request for Appointment of a Contracting Officer (such as the sample below), justifying the validity of the organizational need and verifying the contracting officer candidate's compliance with selection criteria. The supervisor will sign the request and submit it through appropriate organizational channels to the appointing authority.
SAMPLE REQUEST FOR APPOINTMENT OF A CONTRACTING OFFICER.
The following findings and determinations are made pursuant to applicable law and regulation.
1. There is a clear and convincing need to appoint a contracting officer with the ability to perform at the __________ ( dollar threshold) warrant level for the following reasons: (Include discussion of quantity, complexity, type, and average dollar amount of documents to be obligated).
2. Request the following contracting officer candidate be appointed a warrant with the above dollar limitation: (Name, Title, Series and Grade).
3. The contracting officer candidate will occupy the following organizational level: (Office/Branch/Division).
4. The candidate's Contracting Officer Warrant Program Selection Statement stating the candidate's background is enclosed. For the limits set forth above: (Check as applicable.)
_____ The candidate meets the selection criteria.
_____ This candidate does not meet the minimum criteria in (experience, education and/or training), namely; (Indicate deficiency)____________________________________________________
_____ An interim appointment for the period of _______________is requested because_______________________________________________________
(Include rationale/justification needed to issue warrant despite failure to meet qualification criteria.) These experience and/or training needs will be identified in the candidate's individual development plan and must be completed by_____________________________.
5. In addition to the limitations imposed by the Defense Logistics Acquisition Directive, the DoD FAR Supplement, the FAR, laws, Executive Orders, and other applicable regulations, the following additional warrant limitations are imposed:
Dollar threshold:______________________________________________
Other limitations:_____________________________________________
6. The candidate's current conflict of interest disclosure statement, OGE Form 450, “Executive Branch Confidential Financial Disclosure Report”, as required by DLAD 5500.1, Standards of Conduct, is on file with the appropriate standards of conduct counselor. The above findings and determinations are made pursuant to applicable law and regulations:
SUPERVISOR:
.....................................................................
(Signature of Supervisor of the Candidate/Date)
(Typed Name, Title, Office)
APPROVED: ...........................................................
(Appointing Authority/Date)
(Typed Name, Title, Office)
(2) The appointing authority will review candidate applications and appoint Contracting Officers. If additional information is required by the appointing authority, the document will be returned with a request for further explanation or supporting data. The appointing authority shall determine the validity of the need, whether the candidate meets applicable selection criteria, and what warrant limitations should be applied. In the event that the appointing authority determines that there is not an organizational need for a contracting officer, the candidate will be notified of this decision.
(3) The appointing authority may have the candidate appear before a Contracting Officer Review Board as described in 1.603-92(b).
(4) The completed Request for Appointment of a Contracting Officer is subject to the Privacy Act of 1976 and shall be maintained in a secure location deemed appropriate by the appointing authority.
(5) Personnel shall not ordinarily be appointed as contracting officers if they do not meet the applicable selection criteria (see DFARS 201.603-2). If a candidate does not meet the selection criteria, an interim appointment may be granted. The appointing authority shall consider experience and past performance when making an interim appointment. Interim appointments shall normally be limited to dollar obligations at or below the simplified acquisition threshold in FAR Part 13. The appointing authority will require that all training or experience requirements will be met within 18 months. Failure to successfully fulfill the training requirements within that timeframe will result in loss of the warrant or issuance of another interim warrant, whichever is deemed necessary. If no appointment is granted, the candidate will be provided with a written explanation of the reasons.
(6) Appointments will be documented and copies filed as prescribed at FAR 1.603-3. Each SF 1402, Certificate of Appointment, shall be serially numbered by each DLA appointing authority. The SF 1402 will contain any warrant limitations, including limitations on the period of appointment. The original Certificate of Appointment shall be provided to the appointed contracting officer and retained at the contracting officer's duty station.
(7) Changes, either increasing or decreasing the warrant limitations of a contracting officer, shall be made solely at the discretion of the appointing authority. When an appointing authority determines to make such changes, a new Certificate of Appointment shall be issued based upon an updated selection statement and request for appointment.
(b) Pursuant to DFARS 201.603-3(b), Heads of Contracting Activities, or their authorized designees, acting in their capacity as purchase card authorizing officials as delineated in DLAI DLA Government Purchase Card Program One Book Chapter, may authorize cardholders to use the purchase card in accordance with the criteria at DFARS 213.301. Cardholder appointment letters shall reflect the appropriate single purchase limit threshold.
Contracting Officers, by virtue of their warrant, are authorized to designate qualified individuals as ordering officers. Such designations must be in writing. Limitations on the authority of the ordering officer shall be stated in the contract or in the letter of appointment. Ordering officers may place orders under contracts such as indefinite delivery contracts or Federal Supply Schedules and calls under blanket purchase agreements. Contracting officers shall assure that ordering officers are familiar with DoD contract reporting requirements and shall comply with the DoD contract reporting requirements for such actions.
1.603-91 Micro-purchase contracting authority.
(a) Individuals authorized to make micro-purchases shall be so designated, in writing, and, except for individuals authorized to only make such purchases with the government commercial purchase card, are required to complete the Defense Small Purchase Course.
(b) Issuance of a government-wide commercial purchase card constitutes authority to make micro-purchases (see FAR 1.603-3(b)). This procurement authority is issued under the procedures of the DLA Credit Card Instruction, DLAI DLA Government Purchase Card Program One Book Chapter and is not subject to the limitation on delegation of authority for selection, appointment, or termination at 1.603-1 or the contracting officer review program at 1.603-92.
1.603-92 Contracting Officer Review Program.
(a) Each appointing authority will establish a Contracting Officer Warrant Review Program consisting of the following:
(1) An annual assessment of the organizational need for Contracting Officer appointments.
(2) Appointment of a Contracting Officer Review Board to accomplish the following:
(i) Review and approve initial Contracting Officer appointment procedures.
(ii) Once every three years conduct reviews of each Contracting Officer appointment as described below:
(A) An evaluation of the contracting officer's work products to include a cumulative assessment of the results of preaward and postaward reviews of contract actions by the activity contract review personnel.
(B) An examination of the contracting officer's Individual Development Plan to include completion of mandatory training courses for the level of warrant held, on-the-job training, and required college degree or 24 semester hours of business related study, unless exempted based upon criteria set forth in DFARS 201.603-2(2).
(C) A review of the contracting officer's professional competency which may include an appearance before the Contracting Officer Review Board to demonstrate that the contracting officer possesses the required knowledge of contracting officer authority and responsibility, the role of a contracting officer, activity/agency contracting procedures, decision making skills, and ethics.
(iii) Place written documentation of the results of the triannual review in the contracting officer's appointment file.
(b) The Contracting Officer Review Board will be composed of PLFA contracting personnel who have held contracting officer warrants from the following offices (or equivalent): Director or Deputy Director of Contracting, Plans, Policy and Systems Office, Business Review Office, and a senior contracting officer from a contracting team. Board results will be recorded and placed in the appointment file.
1.603-93 – Requirements for evaluations of contracting officers and others in the contracting career field - In accordance with Department of Defense Instruction (DoDI) 5000.66 “Operation of the Defense Acquisition, Technology, and Logistics Workforce Education, Training, and Career Development Program,” December 21, 2005 --
(a) The first level performance evaluations of contracting officers shall be performed by individuals in the contracting career chain (GS-1102s and GS 1101s) who are certified in the Defense Acquisition Workforce Improvement Act (DAWIA) Contracting Career Field at a level no lower than that of the individual being evaluated. The only exception is the Chief of the Contracting Office whose first level performance evaluation shall be performed by the contracting activity Commander/Director/Administrator.
(b) If personnel in the contracting career field are not contracting officers, they shall have an opportunity for review of their performance appraisals by an individual in the contracting career field who is DAWIA certified in Contracting at a level no lower than the individual being evaluated. ( For recommended guidance see PGI 1.603 )
1.690 Contract clearance and oversight process.
(a) Scope and applicability. The requirements of this section apply to the Defense Supply Centers and contracting offices listed in DFARS 202.1 and 2.101 of this directive.
(a) The Executive Director, Acquisition Management, J-7 establishes and maintains the contracting clearance and oversight process as a system of internal controls and as a basis for certification of the procurement system required by Executive Order 12931.
(b) Heads of contracting activities are to provide an effective management system that assures the procurement system provides goods and services with reasonable prices, timely delivery, and required quality and that it meets the statutory, regulatory, and program needs of the Agency. A contract clearance and oversight process shall be instituted which provides oversight to monitor all phases of the procurement system. The clearance and oversight process is to ensure an effective program for monitoring, evaluating, documenting, and improving the quality of the procurement system's performance. Clearance procedures are to provide for contracting supervisory review of negotiated procurements as well as independent reviews. Contracts are to be reviewed at a level appropriate to their complexity, risk, priority, and dollar value. The clearance and oversight process will embrace five key concepts: strengthening PCO ownership of the procurement process, placing accountability and responsibility at the appropriate level, enhancing professional development, streamlining the review and approval process, and focusing on process improvements.
(c) The Contract Clearance and Oversight Office (formerly the Contract Review Office) at the Defense Supply Centers (see 2.101), organized in conformance with DLA One Book, Procurement Process – Contract Clearance and Oversight, paragraph 3.2 (formerly shown at DLAM 5810.1), is the guidance for contracting oversight. Review criteria are established by the chief of the contracting office. The establishment and/or subsequent revision of review criteria will be coordinated with the Director, Acquisition Management, (J-7) , prior to incorporation in local regulations. At all other DLA activities, the chief of the contracting office will be the focal point for oversight. For those activities with no review office, a contract review board process will be employed to review selected acquisitions.
(d) Contracting officers shall review every proposed contract (FAR 2.101) and supporting file before signing the contract and before forwarding the file for review by higher authority, if required. Documentation shall be in sufficient detail to permit reconstruction of all significant actions by a reviewer without referral to the individuals who effected the acquisition. The contracting officer is responsible for the quality of the contracting arrangement.
1.690-3 Establishment of clearance approval authority.
(a) Clearance authority at the Defense Supply Centers is established in the chief of the contracting office (see 2.101).
(b) The Division Chief, Procurement Integrity and Pricing, J-73, or delegated individual reserves the right to review and approve any action at any critical stage when called for. Selected acquisitions will be briefed by the contracting officer to Director, Acquisition Management, J-7, and/or Deputy Director, Acquisition Management, J-7, at HQ DLA, as directed. Documentation reviews will be prepared in accordance with 1.690-7.
(c) All proposed solicitations and contracts to be executed under the authority of FAR 6.302-3, (for DSCP, C&T, Medical and Subsistence, only those actions in excess of $10,000,000) and all letter contract definitizations exceeding $650,000 for the Defense Supply Centers (for other contracting offices, see Table 1-1 and 1.690-6(g)), are subject to HQ DLA review and approval pursuant to 1.690-7.
1.690-4 Contract clearance standards. For details see Mandatory PGI 1.690-4.
1.690-5 Types of actions requiring contract clearance.
(a) The chief of the contracting office at each Defense Supply Center (see 2.101) shall establish criteria for the review and approval of the following actions pursuant to 1.690-2:
(1) Other than fixed price;
(2) Other than full and open competition;
(3) Authorizing award of unpriced actions, and/or subsequent definitizations (see 1.690-3(c));
(4) Advisory and assistance services;
(5) Major programs;
(6) Sole bids/offers;
(7) ADP goods and services;
(8) Awards to other than the low price;
(9) High dollar acquisitions;
(10) Simplified acquisitions;
(11) Solicitations;
(12) Negotiated actions;
(13) Options not priced/evaluated at time of award;
(14) Modifications;
(15) Unilateral price determinations.
(b) For activities where the Executive Director, Acquisition Management, (J-7)
exercises the function of head of the contracting activity, see table 1-1 and 1.690-6.
1.690-6 Contracts/actions requiring HQ DLA clearance.
(a) General. For those activities (Table 1-1) for which the Director, Acquisition Management, J-7, is the head of the contracting activity (HCA), the actions listed below require the review and approval of the Director, Acquisition Management, J-7, or other DLA official so delegated. Any action submitted, including those under 1.690-3(b) and (c), shall be submitted in accordance with the instructions shown in 1.690-7. For review purposes, the dollar amount of a contract action shall be either the proposed high objective, maximum estimated, or actual amount of obligation, and shall include the amount of any option whether or not evaluated or exercised at time of award. Actions listed below will be selected pursuant to 1.690-3(b) and (c), and 1.690-7(a).
(b) Presolicitation. Review and approval prior to issuance (see 1.690-7(c)).
(1) Two step sealed bidding;
(2) Contractor versus Government performance (OMB Circular No. A-76, FAR 7.3);
(3) Acquisitions issued under authority of FAR 6.302-3, industrial mobilization; or engineering, developmental or research capability.
(c) Prenegotiation/sole bid. Review and approval is required prior to discussions/negotiations. (See 1.690-7(d))
(1) All actions other than firm fixed-price or fixed-price with economic price adjustment.
(2) All actions resulting from an invitation for bids when award is proposed to a sole responsive, responsible bidder, and the total dollar amount exceeds that listed in Table 1-1 for the activity concerned.
(3) All actions, including priced orders issued under basic ordering agreements, resulting in receipt of a sole offer in response to a request for proposals in excess of the amount set forth in Table 1-1 for the activity concerned.
(4) All actions (excluding those covering the set-aside portion of a small business or labor surplus area set-aside) resulting in receipt of more than one offer in response to a request for proposal in excess of the amount set forth in Table 1-1 for the activity concerned.
(5) Each exercise of an option, when the option was not evaluated at time of award of the basic contract, in excess of the amount set forth in Table 1-1 for the activity concerned.
(6) Definitization of letter contracts or other undefinitized contractual actions approved in accordance with subparagraph (g) below.
(d) Preaward. During each fiscal year, each activity listed under Table 1-1 shall notify HQ DLA, J-73 of the first three construction contracts (FAR 36.102) which exceed the amount in Table 1-1 Construction Threshold which require preaward review and approval in accordance with the procedures at 1.690-7(a) and (g).
(e) General Services Administration (GSA) delivery orders exceeding $1,000,000.
(f) Post-award. All DLA contracts are eligible for a post-award review by HQ DLA in accordance with the procedures at 1.690-7(g). The Chief, Procurement Integrity & Pricing Division (J-73), may identify and request files subject to post-award review.
(g) Exclusions. Excluded from review are:
(1) Orders placed against requirements contracts of other DOD activities and other Federal agencies, orders placed against GSA schedule contracts (valued at less than $1,000,000), contracts with the National Industries for the Blind and the National Industries for the Severely Handicapped.
(2) Contracts negotiated with the Small Business Administration (SBA) pursuant to section 8(a) of the Small Business Act.
(3) Orders issued under indefinite delivery contracts or DLA multiple award schedules, where the basic contract was reviewed by HQ DLA, or where the basic contract was awarded under sealed bid procedures and the award was based on adequate price competition.
(4) Repurchases against any contract terminated for default.
(h) Letter contracts/other undefinitized contractual actions. Approval is required prior to award of a letter contract or other undefinitized contractual instrument when the resulting definitive contract is expected to exceed $650,000, or the applicable criteria in Table 1-1 for the activity concerned, whichever is less. After review by the local clearance authority, the letter requesting approval shall be submitted to HQ DLA, ATTN: J-73. A copy of any modification issued for an action previously approved in accordance with this subparagraph shall be forwarded to HQ DLA, ATTN: J-73, when the modification affects the:
(1) Unit price or total price ceiling for the definitized action;
(2) Limit of the Government's liability;
(3) Definitization date; or
(4) Progress or provisional payments, as initially proposed. See 16.603-90 regarding procedural requirements for approval to award a letter contract or unpriced basic ordering agreement (BOA) order, respectively.
1.690-7 For details see Mandatory PGI 1.690-7.
1.690-8 Waiver of HQ DLA Review. For details see Mandatory PGI 1.690-8.
TABLE 1-1
Contract Review Thresholds
Amounts set forth below are the thresholds for the Contracting offices listed under the applicable subparagraphs of DLAD 1.690-6.
Contracting: Offices |
DDC |
DRMS |
DNSC |
DAPS |
AFIS/DMC |
DES |
Sole Bid: |
$1,000,000 |
$100,000 |
$100,000 |
$100,000 |
$1,000,000 |
$5,000,000 |
Sole Offer: |
$1,000,000 |
$500,000 |
$500,000 |
$100,000 |
$1,000,000 |
$10,000,000 |
All OtherNegotiated: |
$1,000,000 |
$5,000,000 |
$1,000,000 |
$100,000 |
$1,000,000 |
$35,000,000 |
Options: |
$1,000,000 |
$5,000,000 |
$1,000,000 |
$100,000 |
$1,000,000 |
$20,000,000 |
Construction: |
$300,000 |
$300,000 |
$300,000 |
$100,000 |
$1,000,000 |
$1,000,000 |
Letter Contract |
$650,000 |
$650,000 |
$650,000 |
$650,000 |
$650,000 |
$650,000 |
Other Undefinitized Contract Actions |
$650,000 |
$650,000 |
$650,000 |
$650,000 |
$650,000 |
$650,000 |
(a) Legal advice and assistance of assigned legal counsel shall be obtained: in the preparation of clauses other than standard clauses which are to be contained in solicitations; prior to taking action to resolve any instance of defective cost or pricing data or false claim reported by the General Accounting Office (GAO), Department of Defense, Inspector General (DoD IG), or Defense Contract Audit Agency (DCAA); and on any questionable legal areas in the preparation and/or execution of contractual documents.
(b) Defense Supply Centers shall issue instructions on the legal review of solicitations and contractual documents issued by their activities.
(c) Contracting offices not designated as a contracting activity listed at 2.101 shall ensure that legal review is accomplished on all solicitations and contractual documents in excess of $100,000.
1.692 Confirmation of quantity and technical requirements.
(a) Prior to solicitation of repetitively single/sole source purchases in excess of $100,000, the contracting officer shall consider requesting review of all technical data by the responsible Specification Preparing Activity/Engineering Support Activity. Such a review should be requested if the contracting officer believes it is necessary in order to assure that the data is current, potential sources are identified, and lengthy, complex, or expensive testing requirements are eliminated to the extent practicable (i.e., qualified products list (QPL), First Article requirements). The contracting officer shall also ensure that consideration has been given to other actions that may encourage competition, i.e., Government furnished tooling, alternate contract type, provisions for economical production quantities.
(b) Immediately prior to the award of any supply contract (other than an indefinite delivery contract) in excess of $500,000 or for mobilization requirements, the contracting officer shall confirm that the quantities are still required and that the technical requirements are still current. "Immediately prior to award" means that point in time when all required approvals have been obtained and the contract is ready for release to the contractor. Confirmation of quantity and technical requirements for Military Interdepartmental Purchase Requests (MIPRs) shall be obtained verbally from the MIPR Liaison/Coordinator or item manager levels of the requiring departments. Appropriate documentation shall be included in the contract file. Contracting offices are encouraged to establish similar procedures for significant awards below $500,000 as may be appropriate for their types of contract actions.
SUBPART 1.7 - DETERMINATIONS AND FINDINGS
1.703 Class determinations and findings.
(b) Class determinations and findings (CDF) may not be extended beyond their effective periods. When a CDF is required for an additional period, a new CDF shall be executed. New requests shall set forth a summary of the acquisitions completed under the earlier CDF, as well as acquisitions contemplated under the new request.
(c) Heads of contracting activities shall periodically review effective CDFs to assure that they are still needed.
SUBPART 1.9 - ADMINISTRATION OF DLAD
1.900 Administration and explanation.
The administration and explanation of the DLAD is the responsibility of the Director, Acquisition Management, (J-7)
.