# DLAD PGI PART 1 – FEDERAL ACQUISITION REGULATIONS SYSTEM

- DLAD PGI PART 1 – FEDERAL ACQUISITION REGULATIONS SYSTEM

- PGI SUBPART 1.1 – PURPOSE, AUTHORITY, ISSUANCE

- PGI 1.170 Peer reviews.

- PGI 1.170-2 DPAP pre-award peer reviews.
- PGI 1.170-3 Post-award DPAP peer reviews of service contracts.
- PGI 1.170-4 Administration of DPAP peer reviews.
- PGI 1.170-90 Peer review.

- PGI SUBPART 1.3 – AGENCY ACQUISITION REGULATIONS

- PGI 1.301 Policy.

- PGI 1.301-90 Procurement letters (PROCLTRs).

- PGI 1.390 [Reserved.]

- PGI SUBPART 1.6 – CAREER DEVELOPMENT, CONTRACTING AUTHORITY AND RESPONSIBILITIES

- PGI 1.601-90 Critical acquisition responsibilities.
- PGI 1.601-90(b)(8) Contract administration training requirements.
- PGI 1.602-2-90 Requirements for the Contracting Officers' Representative (COR).
- PGI 1.602-2-91 [Reserved.]
- PGI 1.602-2-92 Contracting officer’s electronic signature on a procurement system utilizing automated solicitation, evaluation, and award processes to execute purchase orders.
- PGI 1.602-3 Ratifications of unauthorized commitments.
- PGI 1.603-1-90 DLA contracting officer warrant program for selection, appointment, and termination of appointment.
- PGI 1.603-3-90 (a)(3). Procedures for Contracting Officer’s Ordering Representatives.
- PGI 1.690-1 General.
- PGI 1.690-7 Acquisition strategy review panel (ASRP) and integrated acquisition review board (IARB).

DLAD PGI PART 1 – FEDERAL ACQUISITION REGULATIONS SYSTEM

(Revised January 14, 2013 through PROCLTR 2013-19)

PGI SUBPART 1.1 – PURPOSE, AUTHORITY, ISSUANCE

PGI 1.170 Peer reviews.

(a) Defense Procurement and Acquisition Policy (DPAP) peer reviews.

(1)(90) General procedures. In developing an acquisition plan, contracting officers shall take into account the requirement for scheduling and conducting a DPAP peer review in accordance with this section. The additional time required for each DPAP peer review is a minimum of 15 work days for each phase (see PGI 1.170-2(a) and (b), below, for an explanation of review phases). For a competitive procurement, allow a minimum of 45 work days to cover the three required peer review phases. For a non-competitive procurement allow a minimum of 30 work days to cover the two required peer review phases. This time is in addition to the time required for the integrated acquisition review board (IARB) review process.

(2) In order to plan for peer reviews at the DPAP level, each activity shall provide information regard1ng acquisitions that meet the $1 billion threshold. Use the following format to provide information to J73 by the 15th of September, December, March, and June every year in fulfillment of this "rolling forecast" requirement. The report will be updated every quarter; add a new quarter to and delete the oldest quarter from the forecast each period so it always forecasts a year out.

Table 1. Pre-Award – Competitive

Supply Chain/Site Activity and Location | Program/ Acquisition Name and Description | Dollar Amount | Supply or Service | Expected Date of solicitation Issuance | Expected Date of Request for Final proposal Revisions | Expected Date of Contract Award

Table 2. Pre-Award – Noncompetitve

Supply Chain/Site Activity and Location | Program/Acquisition Name and Description | Dollar Amount | Supply or Service | Expected Date of Negotiations | Expected Date of Contract Award

Table 3. Post-Award – All Service Contracts

Supply Chain/Site Activity and Location | Program/Acquisition Name and Description | Dollar Amount | Date of Award | Date of Next Option Exercise | Expected Date of Contract Award

PGI 1.170-2 DPAP pre-award peer reviews.

DPAP peer reviews are required for all acquisitions for supplies and/or services valued at $1 billion and greater, including options and surge requirements. The threshold is determined by the value of the maximum amount possible to be purchased under the solicitation/program. Individual solicitations that do not meet the $1 billion threshold but are part of a program that exceeds $1 billion are required to have a DPAP peer review. Solicitations that are greater than $1 billion that will result in multiple awards less than $1 billion are subject to the peer review. The DPAP pre-award review is categorized by competitive and non-competitive actions that have different review requirements I as described below:

(a) Competitive: Pre-award peer reviews shall be conducted in three phases for competitive procurements: 1) prior to issuance of the solicitation; 2) prior to request for final proposal revisions; and 3) prior to contract award. Each phase will require an approved IARB before the documents are provided to DPAP. Phase 1 approval will be accomplished at milestone A and Phase 3 approval will be accomplished at milestone B. Phase 2 approval requires an additional IARB (this is a new requirement).

(b) Noncompetitive: For a non-competitive procurement I there are two phases: 1) prior to negotiation and 2) prior to award. Each phase will require an approved IARB before the documents are provided to DPAP. There is no peer review requirement at milestone A. Phase 1 approval requires an additional IARB (this is a new requirement) and Phase 2 approvals will be accomplished at milestone B.

PGI 1.170-3 Post-award DPAP peer reviews of service contracts.

DPAP post-award peer reviews are required for all contracts for services valued at $1 billion and greater. The threshold is determined by the value of the maximum estimated amount (including options and surge). Post-award peer reviews shall occur prior to every option period exercise. If the base period of performance is greater than one year l the first post-award peer review should take place at the mid-point of the base period of performance. If the base period of performance is one year or less, the post-award peer review should occur prior to exercise of the first option year. An IARB is required prior to the DPAP peer review to obtain approval of J7. Contracting officers should ensure the IARB and peer review take place at least 3 months prior to the required option exercise date.

PGI 1.170-4 Administration of DPAP peer reviews.

(a) The review recommendations of the DPAP peer review team are advisory in nature. However, significant findings may result in changes to the acquisition.

(b) The DPAP program manager will organize review teams and facilitate reviews. DPAP peer review participants from DLA who will serve on other (non-DLA peer reviews) DoD peer reviews are identified by job title as follows:

Senior Procurement Executive/Component Acquisition Executive

Acquisition Management Directorate

Deputy Director for Business Process Management

Deputy Director for Business Operations

Contracting and Acquisition Management, Executive Directors at DLA Land and Maritime, DLA Troop Support, and DLA Aviation.

(c) DPAP peer reviews are conducted at the location of the contract action. The CCO is responsible for serving as the focal point for the DPAP program manager. Appropriate entrance and exit briefings shall be conducted. The subject matter experts involved in the acquisition shall be available for consultation while the DPAP peer review team is performing the review.

(d) A list of the documents that must be made available to the review team and the specific elements the team will examine is contained in DFARS PGI 201.170-4 Administration of Peer Reviews. The documents will be forwarded to DPAP by J73.

(e) DPAP peer review team report. The DPAP peer review team will provide immediate verbal feedback to the contracting officer and the senior procurement official upon completion of a review. The written report will generally be provided within 3 work days after completion of the review to the contracting Officer. A copy of the report must be provided to J72 as soon as it is received. If there is a discrepancy between the approved DLA direction and the peer review recommendations, the HCA shall confer with the Director, DLA Acquisition (J7) to determine appropriate action.

(f) The contracting officer shall document the disposition of all DPAP peer review recommendations (i.e., state whether the recommendation will be followed and, if not, why not) by a memorandum for the record in the applicable contract file prior to embarking on the next phase of an acquisition. A copy of the memorandum shall be furnished immediately to J73. J73 will in turn, provide the memorandum to DPAP.

(90) DPAP peer review waivers. Under unusual circumstances request for waiver from the DPAP peer review requirement can be pursued. A waiver may be appropriate for certain acquisitions, such as those that are repetitive in nature. Waivers are generally not granted so there is no standard format or time frame prescribed. Requests for waivers shall be forwarded by the HCA to J72 for processing. Approval by the Director, DLA Acquisition (J7) is required prior to approaching DPAP. Waivers can only be granted by the DPAP Director.

PGI 1.170-90 Peer review.

(a) Defense Logistics Agency (DLA) peer review policy.

(1) When developing the acquisition plan, contracting officers shall take into account the requirement for scheduling and conducting a DLA peer review in accordance with this section. The additional time required for each DLA peer review is a minimum of 15 work days for each milestone, A and B. This time is in addition to the time required for the IARB milestone A and B review process.

(2) In order to plan for DLA peer reviews, each activity shall nominate a pre-award acquisition to be reviewed. It must be valued less than $1 billion and therefore not subject to a DPAP peer review, but represent a significant acquisition for the activity. In addition, the nomination should meet the IARB requirements (if possible), as an IARB review will be required. Use the format at Table 1 to provide information to J72 by August 1st of every year for the next fiscal year. Supply chains should provide a consolidated report that includes their DLR sites, as the DLR sites are required to nominate an acquisition for the DLA peer review program.

Table 1. Pre-Award Nomination

Supply Chain/Site/Activity and Location | Program/ Acquisition Name and Description | Dollar Amount | Supply or Service | Expected Date of Solicitation Issuance | Expected Date of Contract Award

(3) Post-award DLA peer reviews of service contracts. Each activity that has an active service contract will nominate a significant service contract by August 1st of each year to J72. The service contract can be the same acquisition as is nominated for milestone A and B DLA peer review, if the award will be made in a timely manner so a meaningful milestone C DLA peer review can be conducted within the fiscal year. The nomination should be provided in the format at table 2. Consider the timing of the contract when nominating for a peer review. The post-award DLA peer review should take place at the mid-point of the base or option period of performance. A milestone C IARB will follow the DLA peer review. Contracting officers should ensure the IARB and peer review take place at least three months prior to the required option exercise date.

Table 2. Post-Award Service Contracts

Supply Chain/Site/Activity and Location | Program/ Acquisition Name and Description | Dollar Amount | Date of Award | Date of Next Option Exercise | Entire Period of Performance – number of years an date contract ends

(b) Administration of DLA peer review program.

(1) The J72 DLA peer review program manager will schedule the DLA peer reviews, organize review teams, and facilitate reviews. DLA peer review teams will be comprised of HQ J7 code and field level contracting leadership personnel -DAWIA Level III in Contracting, (generally 1102 or 1101 -GS 14/15 or YC/YA 02 or 03). This includes such positions as the Director and Deputy of Procurement Operations, the Director and Deputy of Supplier Operations, Chief of the Contracting Office (CCO) and Deputy CCO. The DLA peer review program manager will contact activities to request name(s) be provided for peer reviews as they are scheduled. The teams will be comprised of 3 to 4 members. The same team will review the acquisition at milestone A, B, and C, if appropriate

(2) DLA peer reviews will be conducted at the location of the contract action. The local CCO is responsible for serving as the focal point for the DLA peer review team. Appropriate entrance and exit briefings shall be conducted. The subject matter experts involved in the acquisition shall be available for consultation while the DLA peer review team is performing the review at the location.

(c) Documents. The following documents must be made available to the team. The documents will be emailed to J72 DLA peer review program manager at the time the review is scheduled. The program manager will email documents to the team at least 5 work days prior to the date of the review to allow time for review prior to the team meeting at the contracting location. It is expected that all team members will have reviewed the documents prior to the peer review.

(1) Milestone A. After the IARB and prior to solicitation, the following documents are required to be made available for the Peer Review, if applicable. (Note: The list is not all inclusive):

(i) The requirements document or purchase request;

(ii) The acquisition strategy or acquisition plan;

(iii) The source selection plan;

(iv) The request for proposals (RFP);

(v) The determination and finding (D&F) memorandum for single source delivery orders;

(vi) The justification and approval (J&A) memorandum for use of non-competitive procedures;

(vii) Consolidation memorandum (if applicable);

(viii) Business case analysis; and

(ix) Contract management plan.

Milestone B. Prior to contract award the following documents are required to be made available for the peer review, if applicable. (The list is not all inclusive.)

(i) The initial RFP and all amendments including any RFP requirements (technical or contractual) that were changed and the reasons why;

(ii) The source selection evaluation board (SSEB) analysis and findings;

(iii) Any meeting minutes memorializing discussions between the Government and offerors;

(iv) All evaluation notices generated as a result of deficiencies in the offerors proposals as well as the offerors responses to those evaluation notices;

(v) All minutes memorializing the conduct of the source selection advisory council (SSAC) deliberations;

(vi) The offerors responses to the request for final proposal revisions;

(vii) The final SSAC deliberations;

(viii) The final SSA determination and source selection decision;

(ix) Award/incentive fee arrangements (if applicable;

(x) Documentation of any required HCA D&Fs regarding non-availability of objective criteria;

(xi) Documentation of pre-negotiation objectives, cost/price negotiation and the assessment of contractor risk in determining profit or fee; and

(xii) Price negotiation memorandum.

Milestone C. Service contracts only - post-award. The following documents are required to be made available for the peer review, if applicable. (The list is not all inclusive.)

(i) The contract and all modifications;

(ii) The contract management plan compliance;

(iii) Subcontract plan;

(iv) The requirements document or purchase request associated with any modifications;

(v) Contractor surveillance documentation to include metrics and quality assurance surveillance plans;

(vi) The business case analysis;

(vii) Market research documentation;

(viii) The price negotiation memorandum or business clearance including documentation of cost/price negotiation and the assessment of contractor risk in determining profit or fee; and

(ix) Price adjustments, economic price adjustments or redetermination documentation.

(d) The DLA peer review team will assess the following areas. This is used as a guide, as the peer review team may review other issues or areas as they determine necessary.

(1) Milestone A -supply acquisitions.

(i) Are the requirements clearly defined and stated in performance-based terms?

(ii) Are performance-based characteristics directly tied to program objectives? (These should include consideration of program cost.)

(iii) Are the critical program objectives reflected in the evaluation criteria?

(iv) Is there a multi-functional support cadre in place or planned to manage the contract? (The support cadre should include trained and qualified contracting officer representatives.)

(v) Has the acquisition team developed a tailored quality assurance surveillance plan to monitor contractor performance?

(vi) Does the acquisition team have a sufficient number of experienced, trained/qualified personnel dedicated and assigned to accomplish the source selection?

(vii) Does the contracting officer or source selection authority have a plan to provide training to the acquisition team?

(viii) Is the contract type appropriate? Does the risk analysis address and support the recommendations for contract type, pricing structure or type of source selection?

(ix) If there are special contract requirements are they consistent with law, regulation and other terms of the solicitation?

(x) Has the acquisition team mapped Section L to Section M to the source selection plan to ensure consistency throughout?

(xi) Are minimum thresholds and maximum performance objectives clearly defined?

(xii) Are requirements stated in certain terms such that the evaluators will be able to assess whether the offeror meets or exceeds a particular outcome?

(xiii) Is surge and sustainment included in the acquisition plan?

(xiv) Is competition maintained, protected, or were attempts made to enhance?

(xv) Describe lessons learned, problems encountered, and best practices. The peer review team must obtain a POC for each issue identified, so they may be contracted at a later date if needed.

(2) Milestone A -service acquisitions. The following are mandatory areas that shall be assessed by the DLA peer review team. This data will be provided annually to DPAP in accordance with DPAP Memorandum dated February 18, 2009, Subject: Review Criteria for the Acquisition of Services. The J72 peer review program manager is responsible for collecting this information.

(i) Acquisition strategy. Is there a detailed written and approved acquisition strategy? Service acquisitions should have a comprehensive acquisition strategy that reflects program objectives, leverages spend data to arrive at strategic sourcing solutions for the enterprise being supported, incorporates strategic contracting tools, is developed prior to the issuance of the solicitation (amended as applicable), and is adhered to throughout the performance.

(ii) Clearly defined requirements. Are requirements clearly stated? Service acquisitions should use performance work statements or statement of objectives that clearly defines the services the program seeks to receive.

(iii) Period of performance. Is the length of the contract appropriate? Service acquisitions should employ contract periods of performance of an appropriate length, consistent with the technological dependence, industry standards, and sufficient time to reclaim the program, ownership (in cases with an acquisition history of a single provider) such that fair competition can occur. Service contract length should typically be 3 to5 years with certain exceptions (e.g., performance-based logistics and energy-savings performance contracts).

(iv) Appropriate contract type. Is the contract type appropriate? Service acquisitions should employ contract types, CLIN and pricing structures that are appropriate for the acquisition situation. Time and materials contracts are the least preferable contract type and must be justified when used and should be used in limited cases (e.g., no more than 10 percent of the contract value).

(v) Socio-economic considerations. Are there small business opportunities? Consider the values of small business contributions and expected maximum opportunities for small business participation.

(vi) Participation decisions points. Are there decision points (on and off ramps) for longer term contracts? Service contracts with longer periods of performance, particularly multiple award contracts, should provide for decision points (on and off ramps) to ensure that the Government has a qualified pool of contractors that will provide continuous service throughout the life of the contract.

(vii) Competition. Does the approach provide for robust competition? Service acquisition requirements should be articulated in such a way to provide for maximum competition for multiple award contracts, throughout the life of the contract with meaningful competition for orders. Evaluation factors are tied to key program requirements.

(viii) Objective incentives. Are awards/incentives set up to reward effective outcomes? Objective criteria will be utilized, whenever possible, to measure contract performance. Where objective criteria exist, and it is appropriate to also incentivize subjective elements of performance, the most appropriate contract type would be a multiple incentive type contract containing both incentive and award fee criteria.

(ix) Inherently Governmental functions. Are required determinations appropriately executed? Acquisitions for services must address the extent of the agency's reliance on contractors to perform acquisition functions closely associated with inherently governmental functions as defined by FAR Subpart 7.5, and DFARS 207.5.

(x) Conflicts of Interest. Are financial interests of support contractors evaluated as required? When one contractor will provide oversight for another contractor or direct work to another contractor, the acquisition documentation should address measures to reduce /eliminate potential conflict of interest.

(xi) Performance management. Are meaningful performance measures in place? Service acquisitions should utilize performance based characteristics to the maximum extent practicable to include measures that are directly tied to program objectives.

(xii) Contract surveillance. Are appropriate Government oversight personnel in place? Service acquisitions must have assigned contracting officer representatives (CORs) that use tailored quality assurance surveillance plans to monitor contractor performance.

(xiii) Describe lessons learned, problems encountered, and best practices. Provide a point of contact for each issue identified for later contact to implement DLA policy and/or procedure.

(3) Milestone B - supply and service acquisitions.

(i) Source selection was carried out in accordance with the source selection plan and RFP;

(ii) The SSEB evaluation was clearly documented;

(iii) The SSAC advisory panel recommendation was clearly documented;

(iv) The SSA decision was clearly derived from the conduct of the source selection process;

(v) Did the evaluation team follow/comply with Sections L and M of the RFP, the source selection evaluation guide (if used), and source selection plan?

(vi) Was there consistency and fairness in evaluating each offer against Section M (evaluation criteria)?

(vii) Was there consistency in applying the ratings across the offerors?

(viii) What clarifications and/or communications, if any, were conducted?

(ix) Were there appropriate clarifications and/or communications?

(x) If discussions were held, were they meaningful and was the communication open so the offeror and Government clearly understood each other's position and assumptions? (It is not sufficient to handle discussions in a way that is it only for the benefit of the Government to understand the offeror's proposal.)

(xi) Did the evaluation team apply any standards or undisclosed evaluation criteria to their evaluation of proposals or past performance?

(xii) Does the documentation memorialize deficiencies, weaknesses, significant weaknesses, and adverse past performance desorbed in the evaluation notices? Were assumptions addressed as appropriate or acceptable?

(xiii) Does the supporting documentation describe details of the evaluations?

(xiv) Were discussions conducted in accordance with sections L and M?

(xv) Does the supporting documentation adequately describe the basis and justification for the ratings?

(xvi) Do the interim ratings prior to final evaluation support the degree of discussions held with each offeror? (For example, there must be no misunderstanding by the offeror that the contracting officer clearly discussed the issues that resulted in the red or yellow ratings.)

(xvii) Is the documentation complete so the SSA has the complete picture from approval to establish competitive range to completion of meaningful discussions (with or without releasing of interim ratings)?

(xviii) If interim ratings were not released prior to final proposal revision request, has the contracting officer clearly articulated his/her rationale?

(xix) If an offeror's proposal is no longer be in the competitive range, does the documentation support the recommendation to eliminate it from consideration for award?

(xx) Did the SSEB complete proposal evaluation, incorporate information provided through discussions and final proposal revisions in accordance with section M?

(xxi) Is the proposal analysis report (PAR) (or similar document) reflective of the evaluations and justification documents?

(xxii). Is the source selection decision document reflective of the SBA's integrated assessment and own personal decision leading to the selection of a contractor(s)?

(xxiii) Does the documentation clearly summarize and justify the evaluation results?

(xxiv) If a PAR is not used, does the documentation contain adequate details of the evaluation results and a comparative analysis (cost/price, past performance, mission capability, proposal risk, and a source selection recommendation) of the competitive offers?

(xxv) Can the SSA make an integrated assessment best value decision based on the information presented in the documentation?

(xxvi) Can the information in the documentation be used, as applicable, for the source selection decision document?

(xxv) Can the SSA make an integrated assessment best value decision based on the information presented in the documentation?

(xxvi) Can the information in the documentation be used, as applicable, for the source selection decision documents?

(xxvii) Overall, does the documentation of the acquisition support decisions/justifications?

(xxviii) Describe lessons learned, problems encountered, and best practices. Provide a POC for each issue identified.

(4) Milestone C - service contracts. The following are mandatory areas that shall be assessed by the DLA peer review team to be provided to DPAP in accordance with DPAP Memorandum dated February 18, 2009, Subject: Review Criteria for the Acquisition of Services.

(i) Contractor performance assessment. Does the program meet or exceed established cost, schedule and performance criteria? Service acquisitions undergo periodic reviews to ensure the program is on course with respect to cost, schedule and performance requirements: and any necessary adjustments are made.

(ii) Maintaining competition. Is there robust competition for orders? Was appropriate contract type used (e.g., could a firm fixed price contract be used when a cost reimbursement or other type of contract was used -or vice versa)? Are the requirements well defined? Were appropriate cost/pricing methods used? Multiple award services acquisitions use contracting mechanisms, including the use of competition, the contract structure and type, the definition of contract requirements, cost pr price methods, the award and negotiation of task orders, and managing and oversight mechanisms.

(iii) Contractor's subcontract management. Is the contractor’s subcontract management evaluated? Service acquisitions undergo periodic reviews to monitor the contractor's use, management, and oversight of subcontractors.

(iv) Contract surveillance - Are appropriate government oversight personnel in place? Service acquisitions undergo periodic reviews to ensure the appropriate staffing of government contract management and oversight functions to include CORs.

(v) Assessment of excessive pass-through charges - Are contractor pass-through charges evaluated? Service acquisitions undergo periodic review to evaluate the extent of any pass-through and excessive pass-through charges by the contractor.

(vi) Inherently Governmental functions - Are appropriate performance of contractor functions evaluated as required? For service acquisitions under which one contractor provides oversight for services performed by other contractors, periodic reviews evaluate the extent of the agency's reliance on the contractor to perform acquisition functions closely associated with inherently governmental functions as defined in section 2383 (b) (3) of title 10, United States Code.

(vii) Conflicts of interest (financial) - Are financial interests of support contractors evaluated as required? For service acquisitions under which one contractor provides oversight for services performed by other contractors, periodic reviews evaluate the financial interests of any prime contractor.

(viii) Objective incentives - Are award/incentive fees paid in a manner consistent with DoD policy, or with a corrective action plan in place to address past inconsistencies? For contracts with award and/or incentive fee, objective criteria will be utilized, whenever possible, to measure contract performance. Where objective criteria exist, and it is appropriate to also incentivize subjective elements of performance, the most appropriate contract type would be a multiple incentive type contract containing both incentive and award fee criteria.

(ix) Describe lessons learned, problems encountered, and best practices. Provide a point of contact for each issue identified.

(e) The review recommendations of the DLA peer review team are advisory in nature. However, significant findings may result in changes to the acquisition. The DLA peer review report for the subject milestone will be provided within 3 work days after completion of the review to the HCA/CCO as applicable, at the activity. A copy of the report must be provided to J72 by the peer review team. If there is a discrepancy between the HCA/CCO direction and the peer review recommendations, the HCA shall confer with the Director, DLA Acquisition (J7) to determine appropriate action.

(f) The contracting officer shall document the disposition of all DLA peer review recommendations (i.e., state whether the recommendation will be followed and, if not, why not) by a memorandum for the record in the applicable contract file prior to embarking on the next phase of an acquisition. A copy of the memorandum shall be furnished to J72.

(g) An IARB is required following a DLA peer review to ensure J7 is updated on the peer review program progress (except for milestone A, where the Peer review can only take place after the milestone A IARB so documents can be prepared.) The Peer Review Team members will participate in the milestone B and C IARB by either VTC, telecom, or in person. The DLA peer review program manager or a DLA peer review team member will present the findings at the IARB. Pertinent comments and/or recommendations will be included in the IARB minutes to document the peer review.

(h) The DLA peer review program manager will build a data base of best practices, lessons learned, and trends for all peer reviews. An annual report will be issued that captures this information. Adjustments to the program may be made based on the results of the reviews.

PGI SUBPART 1.3 – AGENCY ACQUISITION REGULATIONS

(Revised September 27, 2011 through PROCLTR 2011-45)

PGI 1.301 Policy.

PGI 1.301-90 Procurement letters (PROCLTRs).

(a) There are three types of PROCLTRs as determined by the Chief, Acquisition Policy and Systems Division (J71):

(1) Standard. Provides DLAD supplementation due to new or changed policy promulgated by DLA, OSD or other authority. Also includes revisions that alter the substantive meaning of any coverage in the DLAD. PROCLTRs are not used to approve deviations to the FAR, DFARS, or DLAD. PROCLTRs with DLAD coverage are not used to restate statutes, executive orders, or higher level acquisition regulations. The PROCLTRs provide any DLA-unique aspects to such policy or regulation. Revisions to the PGI are also made by standard PROCLTR. A standard PROCLTR is signed by the Director, DLA Acquisition.

(2) Exhortatory. Reminds the target audience of an existing policy requirement and provides no DLAD supplementation. An exhortatory PROCLTR is signed by the Director, DLA Acquisition.

(3) Technical. Editorial, stylistic, administrative or other revisions that have no impact on the basic meaning of the coverage being revised. A technical PROCLTR may be signed by the Director, DLA Acquisition, or Chief, DLA Acquisition Policy and Systems Division (J71).

(b) Unnumbered multiple-address letters may be issued for one-time requests for comments or reports, announcements of procurement conferences and other meetings. These are not considered PROCLTRs and no implementation beyond the action requested is contemplated.

(c) Numbering. PROCLTRs will be assigned sequential PROCLTR numbers for each year (e.g., PROCLTR 2011-01) and tracked in the PROCLTR Index located at the PROCLTR website on the Common Access Card (CAC) – enabled DLA Acquisition (J7) E-Workplace site. Once a PROCLTR number has been assigned, it cannot be reissued or reassigned if the PROCLTR is withdrawn or otherwise no longer required before it has been completed, signed and issued. In this situation, the DLAD Editor will note the disposition of the affected PROCLTR in the PROCLTR Index.

(d) Responsibilities.

(1) DLA Headquarters Action Officer (HQ AO). Reviews the need for a PROCLTR, drafts the PROCLTR, and coordinates the PROCLTR package with the appropriate areas of the DLA enterprise for review, impact on DLA, including policy and systems, comments, draft revisions, concurrences, and signature. If the DLAD and/or clauses are impacted, coordinates with the DLAD Editor.

(2) DLA Acquisition Programs and Business Operations Division (J74) Business Office. Coordinates final PROCLTR package for appropriate signature and date, and returns the final file after signature to the DLAD Editor.

(3) Subject matter experts. Includes DLA Acquisition Division Chiefs, Field Policy Chiefs, process owners and DLA General Counsel (DG). Review, provide comments, and coordinate on PROCLTR package.

(4) DLAD Editor. Reviews the PROCLTR package, assigns the PROCLTR number, issues and distributes the PROCLTR, and updates the DLAD and/or DLAD PGI as appropriate, as well as the PROCLTR index.

(5) DLA Acquisition Systems (J71). Reviews the draft PROCLTR and determines systems impact. Coordinates necessary systems updates to implement the final PROCLTR.

(e) Drafting guidelines. PROCLTRs will follow the PROCLTR template and the FAR Operating Guide and FAR Drafting Guide (see (f) below).

(f) Documents. PROCLTR templates and checklists, along with instructions and samples, are located at the PROCLTR website on the Common Access Card (CAC) – enabled DLA Acquisition (J7) E-Workplace site. The following is a list of documents to be used for the PROCLTR process:

(1) PROCLTR overview checklist.

(2) PROCLTR template.

(3) FAR operating guide.

(4) FAR drafting guide.

(5) PROCLTR DLA impact checklist.

(6) PROCLTR clause prescription checklist.

(7) PROCLTR coordination checklist.

(8) PROCLTR comment matrix.

(9) PROCLTR file checklist.

(10) PROCLTR DLAD editor’s checklist.

(g) Process.

(1) When the need for a PROCLTR is identified, a J7 division chief assigns a HQ AO and notifies the Chief, DLA Acquisition Policy and Systems (J71) and the team lead, DLA Acquisition Policy. The HQ AO will then notify and coordinate further activities with the J71 procurement analyst responsible for the associated DLAD part(s). The HQ AO shall complete the PROCLTR overview checklist for all standard PROCLTRs.

(2) The HQ AO drafts the PROCLTR (preliminary draft) with the appropriate signature block and supporting documents. Changes in other areas of the DLAD or DLAD PGI shall be included in the preliminary draft PROCLTR as appropriate (i.e., DLAD referenced sections, PGI, clauses, forms, appendices). The PROCLTR template shall be used for all preliminary drafts. The original text of the DLAD and/or DLAD PGI that is being revised with marked changes and the conformed copy shall be included in all standard PROCLTRs, as applicable.

(3) The HQ AO shall review the impact that the guidance in a PROCLTR may have on DLA, including policy and systems. Coordinate with the procurement systems group (J71) for any systems impact from the intended change, including any needed resolution. Complete the PROCLTR DLA impact checklist. Update the preliminary draft PROCLTR with results of the discussion as appropriate and include the completed PROCLTR DLA impact checklist with notes as appropriate.

(4) The HQ AO shall ensure any clause prescription in the coverage describes its use accurately and with specificity, including restricting use to particular supply chains when appropriate. Complete the PROCLTR clause prescription checklist.

(5) The HQ AO shall electronically coordinate with the field and HQ contacts as appropriate. Complete the PROCLTR coordination checklist.

(i) All PROCLTRs shall be coordinated with DLA General Counsel (DG) and the DLAD editor.

(ii) Standard and exhortatory PROCLTRs will be coordinated with DLA Acquisition Policy and Systems Division Chief (J71), DLA Acquisition Operations Division Chief (J72), DLA Compliance Oversight and Acquisition Workforce Division Chief (J73), and DLA Acquisition Programs and Business Operations Division Chief (J74).

(iii) Technical PROCLTRs will be coordinated with the Chief, DLA Acquisition Policy and Systems Division Chief (J71).

(iv) Identify other stakeholders, such as other J-codes and the PLFAs, and provide the proposed PROCLTR for comment. The Chief, DLA Acquisition Policy and Systems Division (J71), may waive this requirement when it is clear that there are no other stakeholders that will be significantly affected by the PROCLTR or in cases of unusual urgency (in these latter cases, stakeholders should still be afforded the opportunity to comment to the extent practicable under the circumstances). Identify stakeholders based on the purpose and effect of the proposed PROCLTR. For example, if a PROCLTR proposes to delete a PLFA clause or otherwise significantly impacts PLFA contracting, the affected PLFAs would be stakeholders; if a PROCLTR affects payment procedures, DLA Finance (J8) would be a stakeholder.

(v) Specify a suspense date, normally three to five business days. An initial no response at this stage will be presumed to be concurrence, with the exception of DLA General Counsel (DG).

(vi) Reconcile and incorporate comments as received. If anyone non-concurs on the proposed contents of the PROCLTR, they must provide the rationale for non-concurrence to the HQ AO.

(vii) After comments are considered and any revisions made, send draft PROCLTR via e-mail again to field and HQ contacts so that they can see all the changes made. Seek new concurrence if changes are significant.

(6) The HQ AO works with the DLAD Editor to compile the official PROCLTR file (final draft) and coordinates with the DLA Acquisition business office for review and signature, including the staff summary sheet. Complete and attach the PROCLTR file checklist and the PROCLTR DLAD editor’s checklist.

(7) The DLA Acquisition business office obtains the signature of the Director, DLA Acquisition, on the hard copy of the final PROCLTR and returns it with the official PROCLTR file to the DLAD editor.

(8) The DLAD editor shall complete administration of the PROCLTR and file, which includes assigning a PROCLTR number and updating the PROCLTR index, revising the DLAD and/or DLAD PGI, issuing the PROCLTR, posting the final PROCLTR on the PROCLTR website on the common access card (CAC) – enabled DLA Acquisition (J7) E-Workplace site and archiving the file.

(9) DLA Acquisition Systems (J71) coordinates systems updates to implement the PROCLTR as appropriate.

PGI 1.390 [Reserved.]

PGI SUBPART 1.6 – CAREER DEVELOPMENT, CONTRACTING AUTHORITY AND RESPONSIBILITIES

(Revised January 14, 2013 through PROCLTR 2013-19)

PGI 1.601-90 Critical acquisition responsibilities.

(b)(3)(iv) DLA automated procurement systems internal controls (APSIC) process.

(A) Definition. “Automated procurement system” means a contract-writing system that uses automated solicitation, evaluation, and award processes to execute purchase orders and applies electronic contracting officer signatures to fully-automated awards.

(B) Purpose. The APSIC process standardizes the review of DLA automated procurement system functional outcomes, pricing parameters, and contracting officer training. Functional outcomes must comply with all requirements of law, executive orders, regulations, and other applicable procedures, consistent with procedures and outcomes that would have occurred if the award had been processed manually.

(1) The review also includes an assessment of pricing parameter settings to determine if adjustments have been made consistent with market changes. Contracting officer completion of mandatory training and consent to use of their electronic signature with the intent to bind the Government must be adequately documented (see 1.602-2(92)).

(2) The APSIC process complements the reviews of all proposed procurement policy changes conducted by DLA acquisition systems (J71) in accordance with PGI 1.301-90(d)(5) to determine anticipated impact on system logic and implement any needed system changes. It also complements the on-going technical updates of system logic conducted by DLA Information Operations, to include the systems change request (SCR) process and regression testing that follows any changes in system logic to ensure other system logic outcomes have not been adversely affected.

(C) Team composition. The APSIC team will be led by a pricing analyst from the DLA Acquisition Operations Division (J72) and be comprised of J72 pricing analysts located at the sites using automated acquisition systems. The team will be supplemented with subject matter experts (SMEs) from the automated procurement systems team, the Office of Small Business Programs, General Counsel, and the supply chains. Supply chain SMEs will include contracting officers whose electronic signatures are applied to fully-automated awards.

(E) Process. The APSIC process is under the cognizance of the Director, DLA Acquisition (J7). (APSIC reviews are separate from the monthly simplified acquisition reviews required at 1.601-90(b)(3).)

(1) J72 is responsible for the APSIC process. The DLA procurement management review (PMR) and J72 pricing team review processes will overlay the APSIC process. J72 will coordinate APSIC reviews with any concurrent PMR or J72 pricing team reviews.

(2) During biennial PMRs, the PMR teams will evaluate supply chain compliance with APSIC process requirements. Findings regarding automated procurement system compliance with the APSIC process will be included in PMR reports, and management plan of corrective action (MPCA) will be required in response to those findings.

(F) Frequency. APSIC reviews will occur semi-annually.

(G) Sampling. The APSIC team lead will select a statistically-valid sample from the total number of enterprise fully-automated awards processed during the semi-annual period prior to the review to achieve a 90 percent confidence level with a 10% error rate. A statistical program such as EZ-Quant will be used to compile the sample.

(H) Review and documentation. The APSIC team lead will review the sample of acquisitions solicited, evaluated, and awarded though DLA automated procurement systems to ensure that awards met all requirements of law, executive orders, regulations, and other applicable procedures, based on review of the specific information in the checklist below. An individual checklist will be completed for each award that is reviewed.

| Item | Comments
1 | Contract file PIIN |
2 | Small business set-aside decision consistent w/regulation |
3 | Award in ECF reflects all quotes received |
4 | Abstract reflects all quoters and their ABVS scores |
5 | Awardee vendor CAGE |
6 | Dollar value |
7 | Award date |
9 | National stock number (NSN) |
10 | Synopsis (over $25K) |
11 | Department of Defense (DD) form 2579 (over $10K) |
12 | Request for quote (RFQ) |
13 | All quotes in ECF |
14 | Accurate pricing reasonableness code (PRC) assigned |
15 | Price reasonableness code (PRC) complies with pricing logic |
16 | Valid basis for price comparison used (FAR 15.404-1(b)(2)(ii)) |
17 | Basis for prior award documented on purchase request document (PRD) |
18 | Representations and certifications complete |
19 | Notification of award included/issued timely |
20 | First time buy approved at level above contracting officer |
21 | Independent dealer/OEM pricing (as applicable) |
21a | Evidence of Independent Pricing from Quote(s) |
21b | Contracting officer determination of independent pricing documented |
21c | Contracting officer certification to HCA in accordance with DFARS 217.7505, Limitation on Price Increases for Replenishment Spare Parts |
22 | Basis for determination of responsibility adequately documented |
23 | Justification for limited or sole source |
24 | Other |

(I) Reporting. Within 30 days of completion of the APSIC review, J7 will issue a final report to the respective supply chain HCAs and AEs. A copy of the report will also be forwarded to the DLA Land and Maritime HCA and AE for action if any changes in system logic are required. The report will cite systemic and/or significant issues and recommendations. The supply chain AE(s) will be required to submit a management plan of corrective action within 30 days from the date of the APSIC report. J72 will track APSIC corrective actions in the monthly J7 review and analysis metrics reports.

(J) Training. Any contracting officer whose electronic signature is applied to fully-automated awards generated by an automated procurement system must have completed mandatory annual training that provides a detailed review of the system logic. The learning management system (LMS) training module entitled “DLA Automated Procurement Systems” satisfies this training requirement. To document successful completion of the training, contracting officers must place a signed and dated certificate of completion in their contracting officer warrant records file.

PGI 1.601-90(b)(8) Contract administration training requirements.

(a) Contract administration training requirements for all contracting personnel are as follows:

Employee Position | Initial Training - Must be completed within 1 year | Refresher Training - Must be completed within 2 years of initial training | Focus Areas By Level of Certification
Contract Administrator Supervisory Contract Administrator | Mandatory 4-5 day “Contract Administration” or “Advanced Contract Administration” classroom training (May be courses currently offered by ESI or Management Concepts or equivalent). CON 112 (DAU) is an acceptable equivalent. | Approximately 50% of the continuous learning points (CLPs) required to be completed every 2 years (or 40 CLPs) must focus on post award training. CLPs may be obtained through classroom training, continuous learning courses, forums, seminars, on-the-job training, job rotation, college courses, or other training determined to be acceptable by the employee’s supervisor. Approximately 50% of the continuous learning points required to be completed every 2 years (or 40 CLPs) must focus on pre-award training and/or professional, business, and leadership skill training. | Level I certified in contracting (GS 5-7) Focus on basic training courses and OJT Level II certified in contracting (GS 9-12) Focus on more advanced training courses and more complex OJT Level III certified in contracting (GS 13 and above) Focus on diverse concepts, high level management and oversight courses
Pre-Award Contract Specialist and Supervisory Contract Specialist Cradle-to-Grave Contract Specialist and Supervisory Contract Specialist Procurement Analyst Price Analyst Small Business Specialist | Mandatory 4-5 day “Contract Administration” or “Advanced Contract Administration” classroom training (May be courses currently offered by ESI or Management Concepts or equivalent). CON 112 (DAU) is an acceptable equivalent. | Approximately 25% of the continuous learning points required to be completed every 2 years (or 20 CLPs) must focus on post award training. CLPs may be obtained through classroom training, continuous learning courses, forums, seminars, on-the-job training, job rotation, college courses, or other training determined to be acceptable by the employee’s supervisor. Approximately 75% of the continuous learning points required to be completed every 2 years (or 60 CLPs) must focus on pre-award training and/or professional, business, and leadership skill training. | Level I certified in contracting (GS 5-7) Focus on basic training courses and OJT Level II certified in contracting (GS 9-12) Focus on more advanced training courses and more complex OJT Level III certified in contracting (GS 13 and above) Focus on diverse concepts, high level management and oversight courses

(b) Employees and their supervisors are required to record/track CLPs in ACQTAS. Local training coordinators are responsible for monitoring compliance with contract administration training requirements for their activities.

(c) The objective of the required training in paragraph (a) of this section is to provide diverse, well-rounded training for all employees, regardless of their current positions, for career development planning. Training should provide exposure to all facets of contracting, and help employees design individual development plans to develop competencies beyond those required for their current jobs. In addition to enhancing career development, rotational assignments for contracting personnel (including interns) will ensure that employees are permanently assigned to positions that best utilize their skills.

(d) Local training coordinators at each activity should be consulted for sources of approved contract administration training courses. Activities should review and redevelop the main focus of training each year based on employee capability assessments, procurement management review findings, and acquisition integrity dashboard results. DAU approved contract administration training courses are available on the DAU course website at https://learn.dau.mil/html/clc/Clc1.jsp?cl=. DAU equivalency courses from other DOD/federal agencies, civilian organizations and professional societies, and commercial vendors are available on the DAU website at http://www.dau.mil/learning/appg.aspx. Approved DLA training center (DTC) contract administration training courses are available on the DTC website at http://www.hr.dla.mil/resources/index.html under “Training.”

PGI 1.602-2-90 Requirements for the Contracting Officers' Representative (COR).

(a) Definition of COR. The COR is the Government individual designated in writing by the contracting officer to act as the contracting officer's authorized representative to monitor specific aspects of the contract and take action as authorized in the letter of designation. COR responsibilities and limitations are established by the contracting officer, who is responsible for identifying the complexity of the requirement, whether type A, B, or C, as detailed in paragraph (b)(1)(i) through (iii) of this section.

(b) COR training prior to designation.

(1) The following courses are the minimum training requirements for DLA COR certification in accordance with the Under Secretary of Defense, Acquisition Technology and Logistics memorandum dated March 29, 2010, Subject: DoD Standard for Certification of Contracting Officer's Representatives for Services Acquisitions. The coursework is required for all CORs, regardless of whether the acquisition is for supplies or services.

(i) Type A COR.

COR duties and/or responsibilities are generally limited to minimal technical and/or administrative monitoring of the contract. The COR works with fixed price, low performance risk requirements without incentives (for example, no identifiable risk factors, limited technical expertise required, low likelihood of modifications, or a follow-on contract versus new effort).
Initial training required: CLC 106, Contracting officer’s representative with a mission focus, or equivalent; CLC 206, Contracting officer’s representatives in a contingency environment, when applicable; CLM 003, Overview of acquisition ethics; CLM 049, Procurement fraud indicators; and Any additional training either mandated by DLA, and/or requested by the designating contracting officer, such as wide area workflow (WAWF).
Refresher training required from the date of designation: A minimum of 8 hours of COR specific training every 3 years or prior to assuming COR responsibilities, if the individual has not served as a COR within the last 2 years (the coursework may include a refresher course on Procurement Fraud Indicators); CLM 003, Overview of acquisition ethics, annually; and Any additional training either mandated by DLA, such as Combatting Trafficking in Persons, and/or requested by the designating contracting officer.

(ii) Type B COR.

COR duties and/or responsibilities are of increasing complexity from Type A (however, the duties are not considered as complex as those for Type C). The COR provides technical support and contract administration duties of moderate difficulty. The COR may work with non-fixed price, higher performance risk requirements, with or without incentives, either in CONUS or OCONUS (for example, the effort is performed in multiple regions, in remote geographic locations, or is a contingency effort; procurements may include cost-type services acquisitions and T&M/LH contracts).
Initial Training required: CLC 206, Contracting officer’s representatives in a contingency environment, when applicable; CLC 222, Contracting officers representative (COR) online training; CLM 003, Overview of acquisition ethics; and CLM 049, Procurement fraud indicators; and Any additional training either mandated by DLA, and/or requested by the designating contracting officer, such as WAWF .
Refresher training required from the date of designation: A minimum of 16 hours of COR specific training every 3 years or prior to assuming COR responsibilities, if the individual has not served as a COR within the last 2 years (the coursework may include a refresher course on Procurement Fraud Indicators); CLM 003, Overview of acquisition ethics, annually; and Any additional training either mandated by DLA, such as Combatting Trafficking in Persons, and/or requested by the designating contracting officer.

(iii) Type C COR.

COR duties and/or responsibilities are highly complex or specialized. The COR works with unique contract requirements that necessitate specialized training, a professional license, or higher education.
Initial training required: CLC 206, Contracting officer’s representatives in a contingency environment, when applicable; CLC 222, Contracting officers representative (COR) online training; CLM 003, Overview of acquisition ethics; CLM 049, Procurement fraud indicators; and Any additional training either mandated by DLA and/or requested by the designating contracting officer, such as WAWF ; and Mandatory specialized or technical training as determined by the agency.
Refresher training required from the date of designation: A minimum of 16 hours of COR specific training every 3 years or prior to assuming COR responsibilities, if the individual has not served as a COR within the last 2 years (the coursework may include a refresher course on Procurement Fraud Indicators); CLM 003, Overview of acquisition ethics, annually; and Any additional training either mandated by DLA, such as Combatting Trafficking in Persons, and/or requested by the designating contracting officer.

(2) Training.

(i) Local training coordinators should be consulted for sources of approved COR training courses, to include use of the CORT Tool. Contact the DLA HQ J73 subject matter expert as necessary for further guidance on use of the DoD CORT Tool.

(ii) Defense Acquisition University (DAU) approved COR training courses are available on the DAU course website at www.dau.mil.

(iii) DAU equivalency courses from other DOD/federal agencies, civilian organizations and professional societies, and commercial vendors are available on the DAU website at http://icatalog.dau.mil/appg.aspx.

(iv) Approved DLA training center (DTC) COR training courses are available on the DTC website at http://www.hr.dla.mil/ under “Training.”

(iv) In accordance with the Under Secretary of Defense, Acquisition Technology and Logistics memorandum dated March 29, 2010, Subject: DoD Standard for Certification of Contracting Officer's Representatives for Services Acquisitions, component-sponsored and commercial training must be equivalent to the DAU baseline training for COR types B and C.

(c) Designation.

(1) The contracting officer may designate any DoD member with Internet access and an Army or Defense knowledge online (AKO/DKO) account who is a Government employee, military or civilian, to act as the contracting officer's authorized representative (COR) on a contract subject to the authority and limitations outlined in the letter of designation and subject to the following designation guidance.

(i) In designating a Government individual as an authorized representative, the contracting officer shall ensure that the individual possesses qualifications, training and experience commensurate with the authority which the COR will exercise. The individual’s program management skills should also be considered when designating a COR, if the requirement is complex.

(ii) The contracting officer will designate the initial COR no later than the date of contract award. To facilitate the COR’s designation, personnel shall be nominated and trained before contract award.

(2) The COR shall complete approved training prior to being issued a letter of designation. See PGI 1.602-2-90(b) for required initial and refresher training. Based on contract administration requirements of the acquisition, the designating contracting officer may add to the COR nominee’s training requirements. Local training coordinators should be consulted for sources of approved courses.

(3) A COR shall be designated by the contracting officer both by formal written letter and using the DoD contracting officer representative tracking (CORT) tool. The contracting officer is required to first register within the CORT tool; see paragraph (d)(1) of this section for procedures. Designation of a COR shall be in writing and shall clearly define the scope and limitations of authority.

(i) The extent of the authority and limitations of the COR for each individual contract is determined by the contracting officer and stated within the COR’s designation letter.

(ii) Changes in the scope and limitation of authority may be made either by the contracting officer by issuing a new COR designation letter or by amending the existing COR designation letter.

(iii) When one COR is designated for more than one contract, a separate COR designation letter shall be issued for each contract.

(iv) If the COR’s designation covers more than one contract, the contracting officer may elect to issue a blanket designation letter rather than a separate COR designation letters for each contract file. Each contract number must be identified in the blanket designation letter and a copy placed in each contract file. The letter of designation specifies the duties and/or responsibilities the COR is required to perform for each contract.

(4) A sample letter of designation for a COR is provided in Table 1 of this section. The letter should be tailored as necessary, depending on duties delegated to the COR by the contracting officer. The COR shall acknowledge the designation, while acknowledgement by the contractor is considered a best practice.

Table 1. Sample Letter of Designation for a COR.

SUBJECT: Designation as Contracting Officer's Representative for Contract/ Purchase Order / Delivery Order Number ______. TO: (Address to individual, indicating rank or grade, branch, division, activity, and location.) 1. Under the authority vested in me by my warrant dated __________, and pursuant to paragraph 1.602-2-90 of the Defense Logistics Acquisition Directive (DLAD), you are hereby designated contracting officer's representative (COR) with authority conferred by the contracting officer. Your authority as a COR shall not be delegated. 2. Duties will vary with the type of contract and complexity of the acquisition. In general, you are responsible for the following areas during contract performance: a. Monitoring the contractor's performance to assure compliance with technical requirements of the contract (see DLAD PGI 1.602-2-90 for guidance). b. Reviewing and approving invoices, progress and financial reports, and other items as required. Notify the contracting officer if required deliverables are not received within the designated timeframes or if reports or other items submitted are to be rejected. c. Notifying the contracting officer if performance is not proceeding satisfactorily or if problems are anticipated. Complete and provide past performance reports as required, including input of contractor performance assessment reports (CPARS) to the past performance information retrieval system (PPIRS) at http://www.ppirs.gov/. d. Advising the contractor to submit requests for changes in writing to the contracting officer, indicating the effect the change will have on the contract terms and conditions. e. Assuring that changes in work under a contract are not implemented before written authorization or a contract modification is issued by the contracting officer. f. Keeping the contracting officer informed of communication with the contractor in order to prevent possible misunderstandings or situations that could become a basis for future claims against the Government. g. Recommending contract modifications and terminations, documenting receipt and acceptance of supplies/services, and accomplishing other tasks required by the contract or contracting officer. h. Notifying the contracting officer if contractor appears to be performing an inherently Governmental function for a DLA contract. i. Overseeing the Contractor’s use of Government property and facilities, when authorized under the contract. j. Specific areas of responsibility: (1) Complete required periodic training. (2) Maintain files properly and completely as required within the CORT Tool. (3) Complete the annual COR file inspection checklist with the CORT tool together with the undersigned as the contracting officer. (specify other areas as necessary) 3. The scope of your authority is subject to the following limitations. You are not authorized to: a. Alter the contract in any way, either directly or by implication. b. Issue instructions to the contractor to stop or start work. c. Order or accept goods or services not expressly within the scope of the contract unless the contracting officer confirms in writing that the items are within scope. d. Render a decision under the Disputes clause. e. Authorize delivery or disposition of Government property not authorized by the contract. f. Discuss acquisition plans or provide any advance information that might give one contractor an advantage over another contractor in forthcoming procurements. g. Sign any contract, including delivery orders, purchase orders, or communication service authorizations (CSAs), or to modify a contract, or in any way, obligate payment funds by the Government. h. Take any action which may have an impact on contract or delivery orders, schedules, funds, or scope of work. i. Additional limitations on the COR's authority: (specify) 4. This letter of designation shall be in full force and effect until revoked by me or my successor in the same manner as it is hereby granted, or upon your transfer from the (branch, division, activity, and location). ___________ ______________________________ Date Contracting officer’s signature Acknowledgement: ___________ ______________________________ Date Contracting officer representative’s signature with organization address/ location and phone number ___________ ______________________________ Date Contractor representative’s signature with company address/ location and phone number

(6) The contracting officer shall ensure that a copy of the COR’s designation letter is provided to the DLA support team (DST) commander when that COR is within the commander’s area of responsibility (AOR).

(i) The contracting officer shall clearly identify to the DST commander the specific duties and responsibilities of the COR, such as periodic, daily, weekly, quarterly, and yearly inspections, reports, and other deliverables.

(ii) A COR under the cognizance of a DST command has dual reporting responsibilities, both to the contracting officer and to the DST commander.

(iii) The COR may receive security, transportation, and other assistance from the DST command for performing oversight of contractors and investigating potential issues with a contract.

(iv) The COR will work with the contracting officer and DST command to resolve any possible conflict in duties and responsibilities which the COR is required to perform.

(7) The designation of a COR shall remain in effect through the life of the contract unless revoked by the contracting officer, the contracting officer's successor, or in the event of reassignment or departure from the organization of the individual designated.

(i) The contracting officer shall be notified immediately in writing by the COR's supervisor, if the individual designated as COR is transferred, reassigned, will be absent for an extended period, or is otherwise unable to fulfill the responsibilities of the position.

(ii) The contracting officer will work with the requiring activity to ensure continued performance of those duties performed by the COR, until a replacement COR may be designated.

(d) Responsibilities of the COR.

(1) General responsibilities.

(i) Responsibilities will vary with the type of contract and complexity of the acquisition. For a contract of any complexity, the COR’s duties include monitoring of progress and performance by the contractor, overseeing the Contractor’s use of Government property and facilities, when authorized under the contract, recommending contract modifications and terminations, documenting receipt of supplies/services, and accomplishing other tasks required by the contract or the contracting officer.

(ii) The COR will identify contractor effort that is or appears to involve performance of inherently Governmental functions, such accepting goods or services. The COR will notify his/her contracting officer and DST commander immediately if a contractors appears to be performing an inherently Governmental function for a DLA contract.

(iii) The COR is responsible for registering his/her common-access card (CAC) and creating an Army knowledge on-line (AKO)/defense knowledge on-line (DKO) account at https://www.us.army.mil. The COR will then create a COR profile in the DoD CORT tool and complete the self-nomination process at http://www.acq.osd.mil/dpap/pdi/eb/cor.html.

(iv) In fulfilling responsibilities, the contracting officer shall require the COR to:

(A) Read and have available, electronically, a copy of the contract with modifications and delivery or task orders, as applicable, provided by the contracting officer;

(B) Become thoroughly familiar with the terms and conditions of the contract to ensure the contractor’s compliance; and

(C) Promptly inform the contracting officer of any delay in the progress of work or any problem encountered that may require a contract modification or other administrative action.

(D) Maintain files related to the contract. Refer to paragraph (f) within this section for detail on contents of the COR files.

(2) Specific responsibilities.

(i) Each contract must be treated on an individual basis, since the COR may have responsibilities unique to that contract.

(ii) The COR should pay particular attention to specific responsibilities outlined in the letter of designation and limitations on authority.

(iii) Specific responsibilities that the COR performs on nearly every contract include monitoring technical compliance. The COR must ensure that the contractor complies with all technical requirements of the contract, including the submission of required reports or other documentation. In performing this function, the COR shall:

(A) Notify the contracting officer of potential or actual performance problems and recommend remedial action. If discussion of performance issues is held with the contractor, the COR shall notify the contracting officer in writing.

(B) Assist in meeting the Government's contractual obligations to the contractor, which includes arranging to supply Government-furnished equipment, facilities, and services called for in the contract, and providing timely Government comment on, or inspection and acceptance of, draft/final contract deliverables if required by the contracting officer or contract. If included in the designation, perform inspection and acceptance of supplies/services, and review and document whether invoices are consistent with actual performance.

(C) Report any instance of suspected conflict of interest or fraud, waste, and abuse to the local Office of Counsel.

(D) Inform the contracting officer in writing of any needed change in the scope of work in the contract so that a modification may be issued, as appropriate.

(E) It is the COR's responsibility to ensure that the services and/or supplies have been received and are acceptable.

(1) Report unacceptable deliverables and/or performance. If the work is deemed unsatisfactory, the COR shall report all deficiencies in writing to the contracting officer, who will determine what further actions are required.

(2) Report all acceptable deliverables and/or performance.

(i) The COR shall provide written notification to the contracting officer when the contractual requirements have been fulfilled and are technically acceptable; this may be accomplished using WAWF, if available.

(ii) The acceptance of contractor performance and verification of receipt may be documented on a DD Form 250, a letter of acceptance, or other acceptance document submitted through WAWF. (These documents also serve as supporting documents in making payment. Although contractors may send invoices directly to the disbursing office, the disbursing office will only make payment with the signature of a Government individual authorized to approve the invoice as being proper in accordance with the applicable contract terms and conditions.)

(F) Provide technical interpretation of the requirements.

(1) The COR is authorized to provide assistance to the contractor on technical matters within the scope of the contract. Any technical assistance given to the contractor by the COR should be documented in the contract file. For significant matters, the information shall be provided to the contractor in writing.

(2) The COR shall notify the contracting officer immediately whenever the contractor disagrees with or refuses to comply with any technical aspects of the contract as interpreted by the COR.

(3) The contracting officer shall provide final resolution in cases of disagreement between the COR and the contractor.

(G) Request deobligation of excess funds. The COR who is documenting receipt of supplies and/or services will ensure that expenditures are compared with funds obligated on the contract. The procedure for requesting the deobligation of funds is to notify the contracting officer by letter that there are excess funds on the contract. Funds can be deobligated from a contract only by a contract modification signed by the contracting officer.

(H) If performing in-theater, be familiar with and utilize the reference for CORs, the Defense contingency contracting handbook found at the Office of the Secretary of Defense (OSD), Defense Procurement and Acquisition Policy (DPAP) website, http://www.acq.osd.mil/dpap/ccap/cc/ corhb/index.html. This website and handbook are designed to provide essential information, tools, and training for DoD contingency contracting officers and their CORs to meet challenges due to their mission or environment.

(e) Limitations on the authority of the COR.

(1) The authority vested in a COR is subject to the following limitations, since all contractual agreements, commitments or modifications which involve prices, quantities, quality, or delivery schedules shall be made only by the contracting officer.

(i) The COR is not empowered to sign any contract, including delivery or task orders, purchase orders, or communication service authorizations (CSAs), to modify a contract, or in any way, obligate the Government.

(ii) The COR may not take any action which may have an impact on contract or delivery order schedules, funds, or scope of work.

(2) The COR is further not authorized to:

(i) Alter the contract in any way, either directly or by implication;

(ii) Issue instructions to the contractor to start or stop work;

(iii) Order or accept goods or services not expressly required by or within the scope of the contract, except as confirmed in writing by the contracting officer to be within scope;

(iv) Authorize delivery or disposition of Government property not authorized by the contract;

(v) Render a decision under the Disputes clause; or

(vi) Discuss acquisition plans or provide any advance information that might give one contractor an advantage over another contractor in forthcoming procurements.

(3) While the COR limitations can be stated, assuring that the COR does not exceed the authority granted is complex. In the course of performing COR responsibilities, situations may result in an implied change to the contract which may impact the delivery schedule, funds, or other areas outside the authority of the COR. Through inaction or improper action, the COR may exceed the scope of his/her authority; in such case, the contracting officer may decide to suspend or terminate the COR’s designation.

(f) Contents of the COR file.

(1) The COR is required to document all actions taken in regard to the contract.

(i) To the extent that contractual documents do not explain all actions taken, suitable records must be prepared promptly and placed in the COR file.

(ii) The importance of maintaining complete and orderly files is critical to transfer of responsibility if the COR is changed during the term of the contract.

(2) Required documentation. The following documents and information are required for the effective performance of COR functions and to establish the COR file. (Refer also to FAR 1.604 and DFARS PGI 201.602-2 (ii) for minimum required documentation.)

(i) Letter of designation and any correspondence from the contracting officer which amends the letter of designation;

(ii) The names, locations, phone numbers and/or e-mail addresses of technical and administrative personnel;

(iii) Documentation indicating that the COR has attended and/or completed an annual ethics briefing or training on the applicable conflict of interest information included in DoD Directive 5500.7-R, Joint Ethics Regulation and has filed an Office of Government Ethics (OGE) 450 report annually, as required.

(iv) Records of inspections and all receiving and acceptance documents, to include certification of invoices (when authorized);

(v) Correspondence to and from the contracting officer and the contractor; as well as memoranda of phone conversations, meetings, discussions, and trip reports relating to the contract (see (3) and (4) below);

(vi) Progress reports, inspection and evaluation reports;

(vii) Any other significant document pertaining to the contract, such as a claim or inquiry.

(3) When holding discussions or conducting business with contractors, the COR shall prepare a memorandum for record (MFR) of any meeting, trip, and/or telephone conversation relating to the contract citing the contract number.

(i) A copy of all actions or correspondence shall be furnished to the contracting officer and all other interested Government parties having a need to know.

(ii) Documents that may contain contractor proprietary data or other business-sensitive information should not be released outside the Government without approval of the contracting officer.

(4) The COR shall keep a separate electronic file for each award or contract using the DoD contracting officer representative tracking (CORT) tool.

(i) The documentation listed in Table 2 of this section is required as a minimum to be placed within the CORT Tool file by the COR. (For more detailed guidance, refer to Appendix F of the DOD Contracting Officer Representative Handbook.)

Table 2. CORT Tool Documentation.

COR training documents, certificates and/or professional licenses
COR nomination package with documented experience
COR designation letter
Required contractual documents to include the quality control plan, quality assurance surveillance plan, surveillance schedule and checklist
Plans - environmental, maintenance, work, safety
Reports - test, status, deficiency
Government furnished equipment (GFE) inventory, GFE property validation
COR memoranda for record, correspondence, email , telephone conversation records, trip reports and varied or miscellaneous related documents

(ii) The COR shall never place classified documents within the CORT Tool.

(g) References for the COR are included in the following table.

Table 3. COR References.

Document(s) | Location
Copy of the contract, all modifications, and task or delivery orders, as applicable | Electronic data access (EDA) or eProcurement or DLA pre-award contracting system (DPACS)
Contract data requirements list (CDRL) | EDA or eProcurement
All DD 250s, Material inspection and receiving reports, and all invoices | Wide area workflow (WAWF) at http://www.dla.mil/wideareaworkflow/pages/default.aspx
Contractor performance assessment reports (CPARS) | Past performance information retrieval system (PPIRS) at http://www.ppirs.gov/
Required regulations to include the FAR, DFARS, and DLAD | http://farsite.hill.af.mil/ and https://today.dla.mil/ and/or https://eworkplace.dla.mil/
CORT Tool (links to the Under Secretary of Defense (Acquisition, Logistics, and Technology) (USD(AT&L)), Defense Procurement and Acquisition Policy (DPAP) | http://www.acq.osd.mil/dpap/
DOD COR Handbook | http://www.acq.osd.mil/dpap/cpic/cp/docs/USA001390-12_DoD_COR_Handbook_Signed_w_Active_Links.pdf
Defense Contingency COR Handbook | http://www.acq.osd.mil/dpap/ccap/cc/corhb/index.html

(h) Evaluation.

(1) The contracting officer shall monitor the COR by completing the annual COR file inspection checklist with the CORT tool; a sample is provided as follows and should be tailored to the complexity of the procurement. The purpose is to record and maintain the results of review conducted annually by the contracting officer of the COR's contract related activities.

Table 4. Sample Annual COR File Inspection Checklist

Annual COR File Inspection Checklist Contract/ Purchase Order / Delivery Order Number ______. (i) Maintains files within the CORT Tool as required. (DLAD and PGI 1.602-2-90), to include training certifications. (ii) Completes all required training (from the date of designation). (iii) Files show evidence of performing required duties and responsibilities per the COR’s designation letter to include the following: (A) Monitors the contractor's performance to assure compliance with technical requirements of the contract and assists with contractor performance assessment reports (CPARS). (B) Reviews and approves invoices, required progress and other reports or items. (C) Notifies the contracting officer if required deliverables are not received within the designated timeframes or if reports or other items submitted are to be rejected. (D) Notifies the contracting officer if performance is not proceeding satisfactorily or if problems are anticipated. (E) Advises the contractor to submit requests for changes in writing to the contracting officer. (F) Keeps the contracting officer informed of communication with the contractor. (G) Recommends contract modifications. (H) Certifies receipt of supplies and/or services. (I) Oversees the Contractor’s use of Government property and facilities, when authorized under the contract. (J) Comments/remarks, to include accomplishing other tasks required by the contract. | (Respond “Yes / No / N/A” for each area inspected.
______ _______________________________ Date Contracting officer’s signature Acknowledgement: ______ ____________________________________ Date Contracting officer representative’s signature

(2) The contracting officer shall annually evaluate and document the performance of the COR and provide a copy of this evaluation to the COR's organizational head and to the DST commander who has that COR within the commander’s AOR.

(i) The contracting officer shall evaluate the COR’s success in performing all duties and responsibilities specified in the COR’s letter of designation when completing the annual COR evaluation.

(ii) For CORs located in contingency areas, the contracting officer will consult with the relevant DST commander for input into the annual evaluation.

(iii) If the contract performance period is less than 1 year, this evaluation shall be conducted prior to contract closeout.

(i) Termination. A sample letter for terminating the designation of a COR follows and may be tailored.

SUBJECT: Termination of Designation as Contracting Officer's Representative (COR) for Contract Number ______________. TO: (Address to individual, indicating rank or grade, branch, division, activity, and location.) 1. Your designation as a contracting officer's representative contained in letter of designation dated ____________ is hereby terminated effective ___(date)_________. 2. Reason: (specify, for example, departure from the agency or retirement) ___________ _________________________________ Date Contracting officer’s signature

(j) Disposition of completed COR files.

(1) DoD maintains responsibility for disposition of electronic records contained within the CORT Tool.

(2) Since the COR is an authorized representative of the contracting officer, any hard-copy records to include duplicate records maintained in the CORT Tool and maintained by the COR are a part of the post-award contract file and shall be forwarded, clearly identified, to the contracting officer for retirement with the official contract file upon completion of the contract.

PGI 1.602-2-91 [Reserved.]

PGI 1.602-2-92 Contracting officer’s electronic signature on a procurement system utilizing automated solicitation, evaluation, and award processes to execute purchase orders.

(a) Any contracting officer whose electronic signature is applied to fully-automated awards generated by a procurement system that uses automated solicitation, evaluation, and award processes to execute purchase orders shall submit a memorandum to the CCO affirming that he/she has met the requirements in 1.602-2(92) (see format at PGI 1.602-2(92)(b)). This memorandum shall be updated annually to reflect compliance with the annual training requirement.

(b) Format for memorandum from the contracting officer to the CCO.

TO: (Insert Name of the CCO) SUBJECT: Responsibilities as Designated Contracting Officer for Procurement System Utilizing Automated Solicitation, Evaluation, and Award Processes to Execute Purchase Orders I hereby affirm the following: (1) I have successfully completed the mandatory training requirements in DLAD PGI 1.601-90(b)(3)(iv) and placed the signed and dated certificate of completion in my contracting officer warrant records file; (2) I have an understanding of the automated procurement system logic requirements associated with solicitation, evaluation and award, and I agree that the system logic, to the best of my knowledge, satisfies the requirements that are applicable to me as contracting officer; (3) I hereby designate the automated procurement system as my electronic agent for the purposes of soliciting, evaluating, and awarding purchase orders, and I consent to the application of my electronic signature on fully-automated awards generated by that system; (4) I am aware of the operations of the automated procurement system and that it will process fully-automated solicitations, evaluations, and awards without my direct intervention but with my general knowledge and intention to be bound; (5) I recognize that fully-automated awards will be legally binding on the Government to the same extent that they would be if I had manually processed and signed the awards. The automated placement of my electronic signature on fully-automated awards is made with my knowledge and consent and with the intention that all such awards will be legally binding on the Government; and (6) I will review my authorized awards monthly and elevate any problems I identify with automated procurement system logic or operations to you for referral to the Head of the Contracting Activity in accordance with 1.601-90(b)(3)(iii). This memorandum will be placed in my contracting officer warrant records file. ___________ _____________________ Date Contracting Officer signature

PGI 1.602-3 Ratifications of unauthorized commitments.

(b)(4)(ii) Ratification checklist. Follow the process detailed in this subparagraph.

Ratification of Unauthorized Commitments – Checklist of Actions to be Accomplished

I. Responsibilities of the Office that made the Unauthorized Commitment. 1. [ ] The office that made the unauthorized commitment must provide a signed statement describing the circumstances that led to the unauthorized commitment. More than one statement may be necessary depending on the facts. The statement(s) must detail how the commitment occurred and should not be a generalized discussion about the requirement. Without a commitment, the action may not be a ratification. 2. The statement(s) must also address the following concerns. a. [ ] Who was the person who made the commitment, and on what date? b. [ ] What bona fide Government requirement necessitated the commitment? c. [ ] Why were normal procurement procedures not followed? d. [ ] Did the Government derive any benefit from the goods or services received? e. [ ] What is the cost of the goods or services? f. [ ] Any other pertinent facts. 3. [ ] Provide all orders, original invoices, and other documentary evidence of the transaction. 4. [ ] If evidence of a commitment cannot be obtained (e.g. employees have left or lack of recall), a letter should be written to the company asking them why they performed without a contract. The response they provide may help determine whether the action is a ratification (i.e., direction by the Government) or a quantum meruit (i.e., no direction by the Government). Provide the documented contractor’s response to the contracting officer for use in the D&F as outlined in subparagraph III.2. below.
II. Responsibilities of the supervisor of the employee who made the unauthorized commitment. 1. [ ] Provides to the contracting officer, an endorsement concurring that the commitment should be ratified. The endorsement includes the following information. a. [ ] Verifies the accuracy and completeness of the documentation. b. [ ] Describes the measures taken to prevent a recurrence of an unauthorized commitment within the command. 2. [ ] Provides a complete purchase request and appropriate funding for ratifying the contract. Funding generally must be from the Fiscal Year in which the Unauthorized Commitment took place if such funds are available. Otherwise, currently available funds may be used. Consult local Counsel for funding questions.
III. Responsibilities of the contracting officer. 1. [ ] Review the documentation and endorsement to ascertain whether there are any doubtful questions of fact. There should be an unambiguous understanding of how the unauthorized commitment occurred. 2. [ ] Prepare a contracting officer’s determinations and findings (D&F). Conclusory statements that repeat the FAR are not enough; the D&F must stand on its own and follow the format of Introductory/Summary paragraph, a Facts/Background paragraph (that is, explaining what happened), an Analysis paragraph explaining how the FAR 1.602-3 criteria have been met, and a Recommendation paragraph, concluding the D&F with a request for relief. 3. The D&F must address the following: a. [ ] The Unauthorized Commitment was not made to circumvent or evade procurement statutes and regulations. b. [ ] Supplies or services have been provided to and accepted by the Government, or the Government otherwise has obtained or will obtain a benefit resulting from performance of the unauthorized commitment. c. [ ] The ratifying official has the authority to enter into a contractual commitment. d. [ ] The resulting contract would otherwise have been proper if made by an appropriate contracting officer. The Government was not otherwise precluded by law from procuring the supplies/services. e. [ ] The contracting officer reviewing the unauthorized commitment determines the price to be fair and reasonable. f. [ ] Payment is not for unallowable costs. g. [ ] The Contracting Officer recommends payment. h. [ ] Proper type of funds are available and were available at the time the Unauthorized Commitment was made. (The obligation is chargeable to the fiscal year in which the need arose and the work was performed as a result of the Unauthorized Commitment. Funding must be from the fiscal year in which the Unauthorized Commitment took place if such funds are available. Otherwise, currently available funds may be utilized.) i. [ ] The ratification is in accordance with any other limitations prescribed under local/regional procedures. 4. [ ] Prepare a recommendation to the ratifying official and appropriate contractual documents citing funds available at the time the Unauthorized Commitment occurred. 5. [ ] Forward the package to local Office of Counsel for opinion and comment. 6. Ensure the ratification receives the required level of review and approval; further document the contract file..

(b)(4)(iii) Quantum meruit checklist. Follow the process detailed in this subparagraph.

Quantum Meruit Checklist

I. The Contracting Officer shall ensure the action is a quantum meruit, specifically, there was no Government inducement for contractor performance; otherwise, the action could be an unauthorized commitment/ratification situation. The contractor’s performance should have been voluntary without Government direction to perform without a contract. 1. [ ] Obtain a written statement from the office that received the voluntary services without a contract. The statement(s) should detail the circumstances that led to contractor performance without a contract. There could be multiple statements depending on the facts and employees involved. 2. [ ] Obtain any correspondence or e-mail that pertain to how the services were provided without a contract and/or what led to a lapse in contract coverage. 3. [ ] Obtain a statement from the contractor that explains the company’s knowledge or understanding regarding a lack of contract, and why the contractor, especially if knowledgeable in Government contracting, performed/allowed performance without a contract. The contractor’s claim can suffice if it also answers these questions in full. (See also section IV. of this checklist for explanatory detail of the contractor’s claim.) 4. [ ] Consult local Office of Counsel after obtaining all information to help determine whether the circumstances warrant further processing as a Quantum Meruit.
II. Justification. The Contracting Officer shall ensure that the Quantum Meruit package contains a written justification, which should include the following information. 1. [ ] An introductory/summary paragraph, which provides a brief overview of the Quantum Meruit claim. 2. [ ] A facts/background paragraph, explaining in detail how the lapse in contract coverage occurred. Include factual information regarding the knowledge of the Government employees involved and also what led to the contractor performing without a contract. Include relevant dates of the various events as outlined in this section. Ensure the facts support that the criteria for Quantum Meruit been met. The justification must explain how the following criteria are met, and not simply re-state the criteria. a. [ ] The goods or services would have been a permissible procurement had correct procedures been followed; b. [ ] The Government received and accepted a benefit; c. [ ] The contractor acted in good faith; and d. [ ] The amount to be paid represents a reasonable value of the benefit received. 3. [ ] An analysis paragraph explaining how the Quantum Meruit criteria above have been met given the facts that have been outlined. 4. [ ] A recommendation paragraph, concluding the justification with a request for relief. 5. [ ] Corrective action. The justification must address, with supporting documentation, the corrective action taken/proposed by supervisor/commander to prevent recurrence. Address both individual corrective action and systemic corrective action. No personnel disciplinary action should be detailed in the file as this is Privacy Act protected. 6. [ ] The contracting officer signs the justification, with the package being forwarded to DLA HQ Acquisition Operations Division (J72), after coordination through the contracting activity’s chain of command, including local Office of Counsel. Ensure that attachments cited in section I of this checklist (i.e. outlined above) are in the package.
IV. [ ] The contracting officer shall ensure that there is a claim from the contractor. This must be included as an attachment as well as summarized in the Justification. Invoices are not claims, but should be in the file. The contractor also needs to state why it performed without a contract, why and under what theory it believes it is entitled to relief, and why its performance without a contract meets the good faith test. Ensure the contractor’s and their counsel’s (if applicable) address and contact information are in the file, as a notice and determination is sent to them from the CAE.
V. [ ] Funding. The contracting officer shall ensure that funding is obtained. Funding generally must be from the fiscal year in which the quantum meruit took place if such funds are available. Otherwise, currently available funds may be used. Consult with local counsel for funding questions.
VI. [ ] Package Routing. The Contracting Officer shall ensure that once the package is complete, local review and approvals are obtained and that the package is sent to DLA HQ Acquisition Operations Division (J72) for processing and review, then signature by the CAE.

PGI 1.603-1-90 DLA contracting officer warrant program for selection, appointment, and termination of appointment.

(a) Applicability. These procedures shall be used when selecting and nominating individuals for warrants, examining candidate qualifications, appointing Contracting Officers, modifying appointments, reinstating previously held DLA warrants, transferring warrant eligibility between DLA contracting offices, and terminating contracting officer appointments.

(b) Special topics.

(1) Displaying warrants. The SF1402, Certificate of Appointment, shall be clearly and publicly displayed in the contracting officer’s workplace.

(2) Focal point. The appointing authority (see 1.603-1-90) shall establish a focal point to oversee the warrant process as outlined in this process. Focal points may also be designated at subordinate contracting offices and delegated responsibilities as appropriate.

(3) Administrative changes.

A written request to reissue an existing warrant certificate for administrative purposes (e.g., damage to/deterioration of the original SF1402, correct typographical errors, effect name changes, changes in grade/rank or changes in organizational structure, etc.) may be submitted directly to the appointing authority’s designated focal point for processing to the appropriate appointing authority and does not constitute a new appointment. If a name change, then a copy of the SF-50 showing the official name change is required.

(4) Modifying warrants.

(i) Changes, such as increasing or decreasing the warrant limitations of a contracting officer or transfers, will be processed as a new appointment, except that warrant testing, once successfully accomplished, shall not be required to be repeated (see 3.4 below).

(ii) Appearing before a warrant board is required prior to increasing a limited warrant to a value at or exceeding $5 million.

(5) Reinstating warrants.

(i) Warrant reinstatement applies to an individual who previously held a DLA warrant which was subsequently terminated due to reassignment from the position requiring the warrant, termination of employment with the organization that originally issued the warrant, retirement, or unsatisfactory performance.

(A) Termination of employment with the organization that originally issued the warrant includes situations whereby an individual holding a warrant in a DLA contracting office transfers to a non-DLA agency or organization, and then returns to a DLA contracting office.

(B) If termination of the warrant was for cause (candidate failed to maintain proficiency in an acquisition position within DLA); or, if after review of the request, the appointing authority determines that the significant time lapse (one year or more) since the warrant was terminated indicates a reassessment of the candidate is prudent. The reinstatement request will be disapproved and the package must be resubmitted as a new appointment in accordance with this procedure.

(ii) A request to reinstate a previously held DLA warrant shall be submitted to the appointing authority for approval through the appointing authority’s designated focal point using the Request for Appointment of a Contracting Officer form.

(6) Transferring warrant eligibility.

(i) Unlimited warrant eligibility means that an individual has passed both the automated test and warrant board in accordance with this procedure. Once an individual is unlimited warrant eligible, the appointing authority of the gaining organization shall not require the individual to test or board again.

(ii) Unlimited warrant eligibility is transferable across DLA contracting offices without requiring a candidate to re-test or meet another warrant board, provided

(A) the original appointing authority (or individual currently occupying that position) certifies to the gaining appointing authority on the Request for Appointment of a Contracting Officer form that the candidate maintained proficiency in the previously assigned acquisition position; and,

(B) the subject warrant was issued pursuant to this procedure.

Otherwise, the gaining appointing authority may require the candidate to successfully complete the warrant test and/or appear before a warrant board before appointing the individual.

(iii) Limited warrant eligibility, for contracting warrants below $5 million means that an individual does not require the written test.

(A) Limited warrant eligibility is transferable across DLA contracting offices, provided:

(1) the original appointing authority (or individual currently occupying that position) certifies to the gaining appointing authority on the Request for Appointment of a Contracting Officer form that the candidate maintained proficiency in the previously assigned acquisition position; and,

(2) the subject warrant was issued pursuant to this procedure.

(B) If warrant boards are convened in accordance with local procedures prior to issuing warrants of less than $5 million, limited warrant eligibility transfers may require the candidate to appear before the local warrant board before the gaining appointing authority considers appointing the individual.

(7) Grandfathering contracting officers.

(i) Contracting officers are not required to be tested, re-boarded or reappointed in accordance with these procedures to retain their existing appointments solely due to the establishment of these procedures.

(ii) However, individuals with limited warrants of less than $5 million dollars will be required to pass the automated test and appear before the warrant board to be eligible for an increase to $5 million dollars or greater or for an unlimited warrant.

(8) Triennial warrant validations.

(i) The appointing authority, or the appointing authority’s designee, shall review all warrants (limited, functional and unlimited) triennially beginning in FY 2013 to validate their necessity and take action to terminate those deemed unnecessary based on workload, and evaluate any warrant limitations for purposes of an individual’s career development.

(ii) When appropriate the appointing authority may suspend a warrant until such time as the individual has re-established proficiency (e.g. re-tested, review of work products) to the satisfaction of the appointing authority. Otherwise the warrant shall be terminated for cause.

(iii) The appointing authority or designee shall maintain a written record (electronically or hard copy) of triennial warrant validation results. The warrant reviews shall include:

(A) An evaluation of the contracting officer's work products to include a cumulative assessment of the results of pre-award and post-award 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 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 for unlimited warrants or limited warrants at or exceeding $5 million, and may include a statement of the contracting officer’s professional competency by the contracting officer’s supervisor.

(9) Contracting officer test maintenance.

(i) DLA will utilize the United States (U.S.) Air Force contracting officer test, excluding U.S. Air Force-specific questions and answers. DLA-specific questions may be added in the future. These procedures will remain in full force and effect when the U.S. Air Force contracting officer test is replaced by a DOD contracting officer test.

(ii) The DLA Acquisition (J73) focal point shall coordinate with the U.S. Air Force AFMC/PKQ on continuous maintenance of test questions, answers, and references. The generation of new questions, as well as the identification of existing questions, answers and/or references for deletion or modification is accomplished in a decentralized fashion. However, AFMC/PKQ maintains configuration control of the automated warrant test application, question database, and the administrator and user guide.

(A) The appointing authority’s focal points and designees shall immediately notify the DLA Acquisition (J73) focal point upon discovery of an incorrect or incomplete reference or incorrect answer, or a suspect question (evidenced by the percentage of test takers missing the same question) as a result of test construction or test score challenges/validation efforts. The DLA Acquisition (J73) focal point will coordinate corrective actions with AFMC/PKQ.

(B) The DLA Acquisition (J73) focal point will initiate a call for new question sets (complete with answers and all applicable references where answers may be found) in conjunction with U.S. Air Force periodic calls for updates. Suggested additions to the test database will be accepted for consideration at any time. The DLA Acquisition (J73) focal point will review proposed questions, answers and references, and make any necessary edits prior to forwarding them to AFMC/PKQ for inclusion in the test database.

(C) AFMC/PKQP is responsible for making administrative changes (e.g., office symbol changes, threshold changes, reference changes, etc.) to affected FAR/DFARS questions, answers, and references residing within the test database as regulatory changes are published and upon receipt of notices from users. The DLA Acquisition (J73) focal point will be responsible for making similar administrative changes to any DLA specific questions that may be added to the database.

(c) Selecting, nominating and evaluating individuals.

(1) Standard nomination package.

(i) The candidate, at the request of his/her supervisor, will prepare a Contracting Officer Warrant Program Selection Statement (DLA Warrant Application Form (5002)). The candidate’s sponsor (no lower than the candidate’s first level supervisor), in turn, will utilize the Request for Appointment of a Contracting Officer ((DLA Warrant Application Form (5001)) form to nominate the individual for a warrant.

(ii) Any special accommodation that must be made for a candidate (e.g., visual or mobility issues, voice-assisted software, etc.) should be specifically stated on the form or on an attachment thereto.

(iii) This nomination process applies for both unlimited and limited (by dollar value and/or function) warrants of all types.

(2) Experience and education requirements.

(i) Selection criteria for contracting officer appointments are listed in DFARS 201.603-2.

(A) Education and training requirements for warrants above the simplified acquisition threshold are also set forth in DoD Instruction 5000.66, Operation of the Defense Acquisition, Technology, and Logistics Workforce Education, Training, and Career Development Program, dated December 21, 2005.

(B) Candidates who fully meet appropriate selection criteria are appointed as contracting officers, consistent with organizational needs.

(C) Candidates for contracting officer warrants must demonstrate that they possess the required knowledge of contracting officer authority and responsibility, the role of a contracting officer, activity/agency contracting procedures, decision making skills, and expected standards of conduct/ethical behavior.

(1) An employee’s acquisition knowledge, skills, and abilities are the critical criteria for retention in a contracting officer position, based on the individual’s education, training, experience, and job performance in current and past positions.

(2) An employee's work products will also be evaluated, to include a cumulative assessment of the results of pre-award and post-award reviews of contract actions by the activity contract review personnel, and results of biennial DLA Acquisition (J73) Procurement Management Reviews of acquisitions at the employee’s field activity.

(D) Assessment will also include an examination of the employee's individual development plan, to include completion of mandatory training courses for the level of warrant held, on-the-job training, and the required college degree and/or 24 semester hours of business related study, unless exempted based upon criteria set forth in DFARS 201.603-2(2).

(E) The candidate shall be DAWIA certified in the appropriate career field and level required by their position description in order to be eligible for a permanent warrant.

(F) Candidates for simplified acquisition contracting officer warrants above the micro-purchase threshold shall have two years of recent experience in Government or commercial contracting, including at least 6 months experience applicable to the dollar threshold or nature of procurement actions for which the warrant will be issued.

(G) For contracting officer warrants greater than or equal to $5 million, candidates shall meet the following additional experience requirements: Four years of recent, progressively complex and responsible contracting and/or staff experience in Government or commercial contracting.

(3) Compliance Review.

(i) The completed Request for Appointment of a Contracting Officer (DLA Warrant Application Form (5001)) and Contracting Officer Warrant Program Selection Statement (DLA Warrant Application Form (5002)) forms shall be submitted to the appointing authority’s focal point or designee for review to validate compliance with FAR 1.603, as supplemented.

(ii) The appointing authority’s focal point or designee shall affirm compliance by signing the Request for Appointment of a Contracting Officer in the space provided.

(4) DLA Contracting Officer Test.

(i) DLA will utilize the U.S. Air Force Contracting Officer Test excluding U.S. Air Force-specific questions and answers.

(ii) Candidates for warrants greater than the SAT are required to successfully complete a four-hour time limited, open book/open computer examination to assess contracting knowledge and research ability.

(iii) Assistance to a candidate taking the test by another individual or group is not permitted except that which is required to provide reasonable accommodation to a special needs employee.

(iv) Following an affirmative compliance review and any additional management reviews or endorsements of the completed request forms, the appointing authority’s focal point or designee will generate a test utilizing the U.S. Air Force test application, schedule, designate and secure an appropriately equipped testing environment/location away from the candidate’s assigned workstation.

(v) The appointing authority’s focal point or designee may opt to generate the test and provide it to a subordinate proctor to administer to the candidate.

(vi) Each test shall be computer-generated, and will contain 50 randomly-selected true-false and multiple-choice questions from the FAR and DFARS. Questions will be general in nature and will be used to assess the candidate's research ability and general contracting knowledge.

(vii) The appointing authority’s focal point/designee or proctor will verify the candidate’s completion of the test according to the specific directions of this procedure and the contracting officer test administrator and user guide. Designated test proctors shall review test taking procedures with the candidate(s) prior to the start of the contracting warrant test.

(viii) The test proctor may authorize use of the “hold timer” feature of the automated test during the designated four-hour test period, if justified (e.g., fire alarms and associated emergency evacuations/ relocations, reasonable accommodation for a special needs employee, etc.).

(ix) In order to complete the test within the allotted time, a candidate must be familiar with the location of various subject matters in the FAR and DFARS and understand how to gain access to these regulations without the use of any shortcuts residing on their personal desktop, as the test will not be administered at the candidate’s assigned workstation. Candidates may bring bound, published copies of the FAR and DFARS into the testing location, however, use of these printed materials is at the candidate’s own risk as they may not be as current as electronically available regulations provided for use in the testing location. Notes or electronic devices (e.g., cell phones, Blackberries, etc.) are not permitted to be brought into the testing location.

(x) A candidate must score a minimum of 85% to pass the contracting warrant test and be eligible for a contracting warrant; however, a passing score does not guarantee a Contracting Officer appointment. As the test is pass/fail, the test proctor will not provide the specific test score attained to anyone other than the candidate.

(xi) A correct answer and citation of a valid reference, to the paragraph level (e.g. FAR 15.403-1(b)), as applicable, indicating where the candidate located the answer to each question must be provided to earn two points. If the candidate answers the question correctly but the reference incorrectly, the candidate shall be granted only one point. If the candidate answers the question incorrectly, but the reference correctly, the candidate shall receive no points as this indicates a failure to understand the regulation.

(xii) The contracting officer warrant test will be automatically scored utilizing the U.S. Air Force test application; however, the test proctor is responsible for validating incorrect references contained in the test questions as well as any challenged test result, for manually adjusting the test score, if appropriate (i.e. is the test question or answer were found to be incorrect), and for notifying the DLA Acquisition (J73) focal point when a specific test question is challenged and/or when database maintenance is required as set forth in 2.9 above.

(xiii) The designated test proctor will sign and date the candidate’s Request for Appointment of a Contracting Officer and Contracting Officer Warrant Program Selection Statement form indicating successful completion of the test and provide same to the candidate.

(xiv) Candidates who do not pass the contracting warrant test may retake it anytime the test is offered, subject to space available per the designated test proctor, and provided the test date and time does not interfere with instant mission requirements, so that the individual’s immediate supervisor can authorize participation. Candidates failing to pass the contracting warrant officer test after a second attempt must wait six (6) months before retaking the test. The appointing authority may waive the waiting period when mission requirements dictate.

(xv) Individuals may take a contracting warrant practice test a maximum of once per year if authorized by their immediate supervisor and subject to space available per the designated test proctor. However, a passing score on a practice test does not meet the test requirement if the individual is nominated for a warrant in the future.

(xvi) Supervisors are authorized to approve four (4) continuous learning points once per 12-month period for any individual who takes and passes the contracting officer warrant test within the same 12-month period.

(5) Limited warrants.

(i) Limited warrants may be issued for any monetary threshold depending upon organizational needs, and the qualifications and capabilities of the candidate.

(ii) Limited warrants may be issued for specific functions (e.g., contract closeout, defective pricing actions, and funding actions, etc.).

(iii) The value of the instant action (versus the value of the contract the action is against) or the type of action (for functional warrants) determines whether or not a limited warranted CO has authority to execute the action.

(6) Contracting Officer warrant board.

(i) Upon successful completion of the contracting officer warrant test, a candidate for an unlimited warrant or a limited warrant at or exceeding $5 million shall appear before a warrant board. The purpose of the board is to further assess the candidate’s experience and qualifications for the warrant, the candidate’s communication skills, and the candidate’s overall demeanor in order to provide objective information upon which the appointing authority may make a reasonable judgment.

(ii) The board shall be chaired by the appointing authority or designee, who is not the candidate’s immediate supervisor, but in no event will the designee be at a level lower than a Division Chief, or the highest level contracting official at a geographically separated organization or detachment.

(iii) In addition to the board chairperson, the contracting officer warrant board may consist of as many of the following personnel available at the designated time for the board; however a minimum of three members must be present to constitute a quorum.

(iv) Suggested board composition includes contracting office supervisors, a representative from the Office of Counsel (strongly recommended), the Competition Advocate, a clearance/program support procurement analyst, a small business specialist, supervisors from other disciplines, and a cost/price analyst. Primary level field activity (PLFA) representatives may participate in person, by telecom, or by video teleconference, at their discretion.

(v) The appointing authority’s focal point or designee shall schedule the Contracting Officer Warrant Board, shall notify all participants of the time and location of the proceedings, and be present to record minutes (i.e., identity of board participants, questions posed, the board’s assessment of candidate responses, and board recommendations).

(vi) Once convened, the board may also opt to discuss the candidate’s qualifications with the candidate’s sponsor (no lower than the candidate’s first level supervisor) without the candidate present.

(viii) The candidate shall answer three scenario-type questions on acquisition topics posed by the board, which will be situations that contracting officers may face in the environment where they will be using their warrant.

(ix) The board will assess the ability of the candidate to communicate an analysis of the situation, offer problem resolution, and sound business advice, during the board process.

(x) At the conclusion of the board, the members will deliberate and provide a recommendation to the board chairperson on the requested appointment. The chairperson may not make a decision contrary to the majority.

(d) Appointing contracting officers.

(1) Certificates of Appointment.

(i) The appointing authority’s focal point or designee shall prepare all contracting officer warrants using the SF1402, Certificate of Appointment.

(A) Applicable contracting officer warrant dollar limitations and any other limitations on the scope of authority or period of appointment shall be clearly specified in the space provided on the face of the SF1402.

(B) Appointment certificates will be serially numbered.

(ii) The appointing authority’s focal point or designee shall enter the appointment number, and obtain the signature of the appointing official and indicate the appointment date in the spaces provided on the SF 1402, and on the Request for Appointment of a Contracting Officer form.

(2) Contracting Officer warrant presentation meeting.

(i) All appointment certificates shall be presented to successful candidates by the appointing official; however, this meeting is at the discretion of the appointing official for contracting officer warrant reinstatements. When necessary, this meeting may be accomplished by telecom or through use of video teleconferencing.

(A) At a minimum, the discussion with each candidate at the contracting officer warrant presentation meeting shall emphasize the duties inherent with a contracting officer warrant, including fiduciary and ethical responsibilities of the appointment, expectations, and clear instructions regarding the limits of their authority.

(ii) The presentation can be delegated to the "appointing authority's designee" in the appointing authority's absence, in order to not delay the presentation and accommodate appointing official travel schedules.

(e) Documentation maintenance.

(1) On behalf of the appointing official, the appointing authority’s focal point or designee shall maintain a folder for each contracting officer which shall include the completed Request for Appointment of a Contracting Officer form, documentation requirements of FAR 1.603-2 and DFARS 201.603-2, as well as a copy of the contracting officer warrant board minutes, when a board is conducted, and a copy of the signed contracting officer warrant certificate.

(i) A copy of the contracting officer warrant test that was administered and the test results, as well as a copy of the contracting officer warrant board minutes, when a board is conducted, will be retained by the test proctor in a central location (filed by the date the test was administered), and a copy will be filed within the folder for each Contracting Officer.

(ii) These records (hard copy or electronic) shall be retained in the respective files for a period of six (6) years after termination of appointment to facilitate warrant modifications, eligibility transfers, and reinstatements.

(2) Records will be retained following appropriate Privacy Act requirements and record management guidelines. Records must also be coordinated with DLA Records Management to ensure these records are properly classified with the appropriate retention rules and notice.

(f) Terminating or transferring appointments.

(1) Contracting officer warrants are effective until terminated in writing, or upon expiration of the validity period stated on the warrant. A warrant may be terminated by the appointing authority, or higher authority when determined necessary for cause, reassignment, or employment termination. The initiator of a warrant termination, normally the supervisor of the Contracting Officer, shall request termination of a warrant in writing, whether for cause, reassignment, or employment termination.

(2) If the contracting officer is transferring to another DLA contracting office and will require a warrant in the new position, the gaining appointing authority will request the focal point or designee to obtain a copy of the documentation supporting warrant eligibility transfer from the losing appointing authority (the warrant must be terminated by the losing appointing authority and a new SF1402 issued by the gaining appointing authority or designee). A new Request for Appointment of a Contracting Officer form must be completed by the appointing authority’s focal point for the gaining activity. However, the contracting officer test and contracting officer review board interview normally will not be required for transfers.

(3) If the Contracting Officer warrant is being terminated for cause, the termination must be reviewed and approved by the appointing authority, then documented in writing and placed in the warrant file, with notification to DLA Acquisition (J73).

(4) If the contracting officer warrant is being terminated due to employment termination, the termination must be reviewed and approved by the appointing authority, then documented in writing and placed in the contracting officer’s file, with notification to DLA Acquisition (J73).

(g) Forms for the contracting officer warrant program. The request for appointment of a contracting officer and the contracting officer warrant program selection statement are in Part 53.

PGI 1.603-3-90 (a)(3). Procedures for Contracting Officer’s Ordering Representatives.

(1) Responsibilities of the designating contracting officer.

(i) The contracting officer shall only designate those individuals qualified as:

(A) DLA Government employees; and

(B) as a minimum initial training requirement, have completed the following continuous learning courses through Defense Acquisition University online (http://dau.mil):

(1) CLC005 Simplified Acquisition Procedures; and

(2) CLM049 Procurement Fraud Indicators, and

(3) CLM003 Overview of Acquisition Ethics.

(2) Orientation. The designating contracting officer shall orient and instruct contracting officer’s ordering representatives either personally or in writing about -

(i) The proper use of the procedure(s) the contracting officer’s ordering representative will be authorized to use;

(ii) The standards of conduct prescribed in DoD 5500.7-R Joint Ethics Regulation (JER) and FAR Subpart 3.1, Safeguards, and 3.2, Contractor Gratuities to Government Personnel, as supplemented in the Defense Federal Acquisition Regulation Supplement and herein;

(iii) The preparation and submission of information for contract action reporting purposes. (Refer to DFARS 204.6.)

(3) Designation.

(i) The cognizant contracting officer shall –

(A) Designate a contracting officer’s ordering representative by letter substantially in the format at (b)(3)(ii) of this section but tailored to fit the circumstances of the designation;

(B) Maintain the file of designations with justification or other supporting documentation for the designation(s);

(C) Require DLA Government employees designated as contracting officer’s ordering representatives to acknowledge receipt of their letters of designation and termination in writing;

(D) Distribute letters of designation to the contracting officer’s ordering representatives and other interested personnel as necessary, to include the contracting officer’s representative (COR);

(E) Notify contractors and other interested personnel of the names of contracting officer’s ordering representatives designated to place orders against their contracts/ordering vehicles unless the contracting officer’s ordering representatives are named in the contracts/ordering vehicles. Notifications may be accomplished by furnishing copies of the designation letters; and

(F) Notify contractors and other interested personnel of termination of the contracting officer’s ordering representative’s designation in writing. Notifications may be accomplished by furnishing copies of the termination of designation letter.

(ii) A sample letter is provided in this section for designation of a contracting officer’s ordering representative. The sample letter may be tailored to address specific information.

Subject: Designation of Contracting Officer’s Ordering Representative Contract (number) ############## 1. Designation. Under the authority vested in me by my contracting officer’s warrant and pursuant to the Defense Logistics Acquisition Directive (DLAD) section 1.603-3-90(a), you are hereby designated a contracting officer’s ordering representative with the authority as described in paragraph 2 below. Your designation becomes effective (enter date) and will remain effective, unless sooner revoked, until expiration of the contract(s) enumerated in paragraph 2 or until you are reassigned or your employment is terminated. You are responsible to and under the technical supervision of the chief of the (enter name of installation or activity) contracting office for your actions as a contracting officer’s ordering representative. 2. Authority, limitations and requirements. Your ordering authority is only applicable to [insert contract/ordering vehicle number and any other relevant identifying information], hereafter referred to as “contract”. Your designation is subject to the following limitations and requirements: a. You are not authorized to: (1) Alter the contract or order in any way, either directly or by implication, that is, you may not make any changes in the terms or conditions of the contract or order against which you place orders, including changing place of delivery, performance, or inspection and acceptance; (2) Issue modifications to orders, administrative or otherwise; (3) Terminate a contract or orders for default or convenience; (4) Order or accept supplies or items not expressly within the scope of the contract, unless the contracting officer has confirmed in writing before order issuance or acceptance, as applicable, that the items are within scope; (5) Issue instructions to the contractor to stop or start work, or perform outside the scope of the contract; (6) Authorize delivery or disposition of Government property not authorized by the contract; (7) Re-delegate ordering authority; or (8) Issue orders against contracts or other procurement actions not specifically authorized by this letter of designation or clause 52.201-9001, Contracting Officer’s Ordering Representatives Under the Contract. b. You are responsible for each of the following tasks: (1) Ensuring that orders that you place to the contractor, payment office, and contracting officer are distributed; (2) Establishing controls necessary to ensure that ordered items meet all contract terms and conditions and that supplies ordered conform to contract requirements before acceptance is made or payment authorized; (3) Ensuring that only authorized Government personnel accept items delivered under the contract; (4) Reporting deficiencies in contractor performance promptly to the contracting officer who awarded the contract against which the order was placed; and, (5) Additional requirements: (add as needed) 3. Standards of conduct and contracting action reporting requirements. a. You shall comply with the standards of conduct prescribed in Department of Defense 5500.07-R, The Joint Ethics Regulation (JER), and Federal Acquisition Regulation (FAR) Subparts 3.1 and 3.2. b. You shall furnish the contracting officer to whom you are responsible such information as may be required for contracting action reporting purposes in the manner and the time specified. (Refer to DFARS 204.6.) c. You shall provide any hard-copy records you maintain to the contracting officer for retirement with the official contract file upon completion of the contract or, if your designation is terminated before completion of the contract, to your designated successor as contracting officer’s ordering representative. 4. Termination of designation. a. Your designation may be revoked at any time by the undersigned authority or successor and shall be terminated in writing, except that no written termination of your designation shall be made upon expiration or termination of the contract(s) or order(s) enumerated in paragraph 2. b. Should you be reassigned from your present position or separated from Government service while this designation is in effect, you shall promptly notify the appointing authority in writing. Your designation will be terminated in writing if you are reassigned to a location or position that is inconsistent with continuing as a contracting officer’s ordering representative under this appointment, and shall automatically be terminated upon the effective date of your leaving your present position if not sooner terminated in writing; it shall automatically be terminated on the date you are separated from Government service, if it is not revoked sooner. 5. Acknowledgement of receipt. You are required to acknowledge receipt of this designation by signing below on a duplicate copy and returning it to the contracting officer. Your signature also serves as certification that you have completed the required training in the requirements of DoD 5500.7-R and Federal Acquisition Regulation Subparts 3.1 and 3.2. The original copy of this designation should be retained for your file. _______________________________ Contracting Officer’s Signature Receipt of this appointment is acknowledged. Name: ___________________________ Signature: ____________________________ Title: ____________________________ Rank/Grade: _____ Date: _______________ Telephone:________________________ Email: _______________________________

(4) Surveillance. The designating contracting officer shall provide technical supervision of contracting officer’s ordering representatives. The contracting officer shall ensure that contracting officer’s ordering representatives’ actions are reviewed by examination of purchase documents and records every 6 months. Any individual designated to perform this review must be well qualified in the contracting procedures used by contracting officer’s ordering representatives.

(i) Inspection or review findings shall be written and shall include specific comments as to whether the contracting officer’s ordering representative is –

(A) Operating within the scope and limitations of authority delegated and FAR Subparts 3.1 and 3.2;

(B) Maintaining the standards of conduct prescribed in DoD 5500.7-R;

(C) Engaging in improper practices, including, but not limited to splitting purchase transactions to avoid monetary limitations or delegating authority to others; and

(D) Submitting correct and timely information for reporting purposes. (See DFARS 204.6.)

(ii) Copies of inspection and review findings shall be retained for one year in contracting officer’s ordering representatives’ files and inspectors’ or reviewers’ files and forwarded to the cognizant contracting officer for retention in the official contract file.

(iii) If the cognizant contracting officer finds that a contracting officer’s ordering representative is not properly performing assigned duties or is failing to take prompt action to correct deficiencies noted in inspections or reviews, he/she shall promptly terminate the contracting officer’s ordering representative’s appointment, unless he/she determines that the contracting officer’s ordering representative has taken appropriate corrective action and the improper performance or deficiencies are unlikely to recur.

(5) Termination.

(i) The designation of a contracting officer’s ordering representative shall remain in effect until he/she is reassigned to a location or position that is inconsistent with continuing as a contracting officer’s ordering representatives under an existing designation or until his/her employment is terminated, unless sooner terminated by the designating authority or successor. No termination shall be made to take effect retroactively.

(ii) Terminations of designations shall be made in writing, except for terminations which result when contracts expire or the contracting officer’s ordering representative leaves Government employment, in which cases the termination is automatic. Termination is also automatic if a written termination has not been effected before the contracting officer’s ordering representative leaves his/her present position for a reassignment that is inconsistent with continuing performance.

(6) Disposition of completed contracting officer’s ordering representative’s files. Any hard-copy records maintained by a contracting officer’s ordering representative are a part of the official post-award contract file and shall be forwarded, clearly identified, to the contracting officer for retirement with the official contract file upon completion of the contract. If a designation is terminated before contract completion, the contracting officer’s ordering representative shall transfer any such files to his/her successor.

PGI 1.690-1 General.

(c) Clearance standards. The following standards will be employed in the operation of a clearance and oversight process:

(1) Oversight is to focus on improvement in all phases of the contracting process. Oversight of preaward and postaward contract administration procedures are equal in importance and shall receive equal emphasis.

(2) Reviews will be conducted based on risk, complexity, and quality considerations.

(3) Procedures are to be in place to identify the need for review at any critical stage of an acquisition, including solicitation, pre-negotiation, pre-award, post-award, and contract administration reviews.

(4) The oversight process will be designed to identify potential and actual problems early in the acquisition cycle, as well as during contract performance.

(5) Oversight is to be increased or decreased based upon issues that arise, results from audits and procurement reviews, and business considerations.

(6) Contracting personnel are to participate in developing initiatives or plans to assure contracting quality, accountability, and the integrity of the procurement system. The CCO will determine the level of oversight required based on the soundness of the initiatives or plans, and shall monitor the contracting process through an established review process.

(7) The clearance and oversight process requires a feedback system which provides timely information to all organizational levels. Feedback should address strengths, weaknesses, and significant findings, and provide techniques to ensure overall process improvement and accountability. Management is to determine the adequacy of initiatives taken to resolve quality issues identified through the feedback system.

(8) All contracting officers shall have their procurements reviewed periodically under a system of process improvement developed by the Head of the Contracting Activity (HCA) or CCO for activities for which the Director, DLA Acquisition, is the HCA, and to enhance accountability.

PGI 1.690-7 Acquisition strategy review panel (ASRP) and integrated acquisition review board (IARB).

(a) General.

(1) The ASRP is conducted as the first DLA Headquarters-level review in the acquisition process with the purpose of determining whether the proposed contracting approach is sound for DoD, the DLA enterprise, and the requiring activity.

(2) The ASRP shall take place as early as possible in the acquisition planning process to develop a systematic and disciplined approach to achieve an efficient, effective acquisition. The ASRP shall be held prior to completion of any formal acquisition documents, including the business case analysis (BCA) when applicable, the acquisition plan, and the solicitation.

(3) The ASRP will assist in developing major aspects of the acquisition strategy for the contemplated procurement well in advance of substantial expenditure of effort to develop the required acquisition documentation.

(4) An IARB is conducted with the purpose of ensuring that –

(i) The approved acquisition strategy is being effectively implemented;

(ii) The solicitation, request for proposal, discussions, negotiation, and other related procurement actions result in business arrangements that are in the best interest of DoD and DLA;

(iii) The acquisition documents, including solicitation and request for proposals, and discussions, negotiation, and other related procurement actions are consistent with applicable laws, regulations, and policies; and

(iv) An independent review and assessment by the clearance authority for the contract actions is accomplished.

(5) An IARB is conducted at key decision points during the acquisition as a phase, either 1, 2, 3, or 4, that correspond to the phases of a DPAP peer review. (See DFARS PGI 201.170.)

(6) The field activity will coordinate all pricing including review of the type of acquisition throughout all phases with the DLA Acquisition Center of Excellence for Pricing (COEP), HQ J72 Pricing, while developing initial planning documents for the ASRP and acquisition documents for the IARB.

(7) The preferable approach is for the field activity to submit required documents, after local review and approval, for the ASRP and IARB in editable electronic form and post the documents to eWorkplace within a collaboration room managed by DLA Acquisition Operations (J72). Any revisions to documents will be identified and noted by the field activity, which will maintain version control of all documents.

(8) DLA Acquisition Operations (J72) coordinates, manages, and facilitates the ASRP and IARB.

(b) ASRP.

(1) Membership. The ASRP is chaired by the Senior Procurement Executive (SPE) or designee, and will normally be composed of senior level executives or management only. Based on the unique requirements of each acquisition, the ASRP chairman shall determine the membership for each ASRP that he/she chairs. Membership includes the following executives or management:

Representative | Office | Position
Chairman | DLA HQ | SPE or designee (J7)
Member | DLA HQ | Director, DLA Logistics Operations, or designee (J3)
Member | DLA HQ | Director, DLA Information Operations or designee (J6)
Member | DLA HQ | Comptroller or designee, DLA Finance (J8)
Member | Field activity | HCA and/or Director or Commander of procuring activity or activities
Member | Field activity | Technical, program, or service manager
Member | Service | Program or technical manager
Advisor | DLA HQ | General Counsel or designee
Advisor | DLA HQ | Director, DLA Small Business Programs or designee

(2) Responsibilities.

(i) ASRP chairman.

(A) The ASRP chairman has the authority to tailor the requirement for an ASRP.

(B) The ASRP chairman is the acquisition strategy clearance authority.

(C) Upon request from the field activity with justification and/or rationale, the ASRP chairman may delegate in writing the authority to review, approve, and/or release pre-solicitation and/or pre-award documentation, to the field activity HCA, designee, or CCO for those activities for which the Director, DLA Acquisition (J7) is the HCA.

(ii) Field activity.

(A) The contracting officer and acquisition or contract specialist from the field activity are responsible for the formal presentation to the ASRP. The CCO, program management and/or technical representatives may assist in the briefing, as appropriate.

(B) At the conclusion of the briefing, the contracting officer responsible for the acquisition shall assist DLA Acquisition Operations (J72) in preparing minutes to confirm the ASRP proceedings.

(C) When a depot level repairable (DLR) site or supply, storage, and distribution (SS&D) depot’s acquisition is being reviewed:

A. (1) The cognizant field activity is responsible for coordinating participation of service representatives. Participation as a member of the ASRP is the service’s decision, and is strongly encouraged.

B.

C. (2) The field activity HCA may request a tailored approach, including membership, based on the circumstances of the acquisition. The field activity will coordinate with HQ J72 and provide one point of contact to coordinate the reviews and provide responses to comments.

D.

(c) IARB.

(1) Membership. The IARB is chaired by the Senior Procurement Executive (SPE) or designee, and will normally be composed of senior level executives or management. IARB membership includes the DLA executives or managers identified below, or their designated representatives, and field activity executives and representatives. Based on the unique requirements of each acquisition, the IARB chairman shall determine the membership for each IARB that he/she chairs, and may determine to re-designate advisors to member status.

Representative | Office | Position
Chairman | DLA HQ | SPE or designee (J7)
Member | DLA HQ | Director, DLA Logistics Operations, or designee (J3)
Member | DLA HQ | Director, DLA Information Operations or designee (J6)
Member | DLA HQ | Comptroller or designee, DLA Finance (J8)
Member | Field activity | HCA or designee, and/or Director or Commander of the procuring activity or activities or designee
Member | Field activity | Technical, program, or service manager, or designated representative from the field activity or procuring activity
Member | Service | Program or technical manager, or designated representative, to include those for DLR and SS&D sites
Advisor | DLA HQ | General Counsel or designee
Advisor | DLA HQ | Director, DLA Small Business Programs or designee
Advisor | Field activity | Field activity counsel
Advisor | DLA HQ | Competition Advocate, J7
Advisor | Field activity | Field activity competition advocate
Advisor | DLA HQ | Center of Excellence for Pricing (COEP), J72
Advisor | Field activity | Field activity price analyst(s)
Advisor | DLA HQ | DLA Acquisition division chiefs or deputy chiefs and/or analysts, J71, J72, J73, J74
Advisor | DLA HQ | DLA Acquisition peer review manager, J72

(2) Responsibilities.

(i) The IARB chairman is the business and contract clearance authority.

(ii) Field activity.

(A) The contracting officer and acquisition or contract specialist from the field activity are responsible for the formal presentation to the IARB. The CCO, program management and/or technical representatives may assist in the briefing, as appropriate.

(B) At the conclusion of the briefing, the contracting officer responsible for the acquisition shall assist DLA Acquisition Operations (J72) in preparing minutes to confirm the IARB proceedings.

(C) When a DLR or SS&D site’s acquisition is being reviewed:

E. (1) The cognizant field activity is responsible for coordinating participation of service representatives. Participation as a member of the IARB is the service’s decision, and is strongly encouraged.

F.

G. (2) The field activity HCA may request a tailored approach for the IARB, including membership, based on the circumstances of the acquisition. The tailored approach will be coordinated between the field activity and HQ J72. The field activity shall provide one point of contact to coordinate IARB related activities.

(d) Procedures. Table 1 outlines the ASRP and IARB process followed by details.

Table 1. ASRP and IARB Process
Pre-ASRP preparation
● The field activity board (or similar) is held and approval obtained, including any small business coordination and legal counsel (according to required acquisition need date and prior to solicitation release)
● The field activity submits documents to HQ J72 and requests the ASRP at least 20 business days prior to the planned date (and as early as possible in the acquisition planning process)
HQ J72 Document review and approval ● Coordinated by HQ J72 ● Documents required: 1. ASRP briefing a. Objectives b. Concept of operations c. Proposed acquisition strategy, including: i. Market research ii. Total estimated maximum contract value iii. Performance metrics d. Information technology (IT) systems requirements and capabilities e. Procurement timeline 2. Acquisition plan (AP), if available 3. Business case analysis (BCA) or analysis of alternatives (AoA), as applicable and if available 4. Field activity board approval ● Distribution of HQ J72 approval or disapproval of document review with any action items
● The field activity revises documents and addresses any action items to HQ J72
Schedule the ASRP (coordinated by HQ J72)
ASRP
● Chaired by the ASRP chairman ● Attended by appropriate offices and field activities ● Presentation of the briefing by the field activity ● Discussion with resolution of issues and concerns, to include results of document review ● Capture action items in minutes (HQ J72 with the acquisition contracting officer) ● Approval and distribution of minutes (HQ J72)
► Decision point: Business clearance approval by the ASRP chairman or designee to proceed with the acquisition
Pre-phase 1 IARB preparation – Prior to issuing the solicitation (competitive) or requesting the proposal (non-competitive)
● The field activity develops appropriate documents and submits documents to HQ J72 and requests the IARB at least 20 business days prior to the planned IARB date
Competitive | Non-competitive
HQ J72 Document review and approval ● Coordinated by HQ J72 ● Documents required: 1. Acquisition strategy and acquisition plan 2. Source selection plan (SSP) 3. Business case analysis or AoA, if applicable 4. Consolidation/bundling analysis, if applicable 5. Solicitation 6. Resolution of action items from the document review and/or ASRP 7. ASRP summary and approval 8. Other documents required by HQ J72, as applicable to the procurement ● Distribution of HQ J72 approval or disapproval of documents with action items | HQ J72 Document review and approval ● Coordinated by HQ J72 ● Documents required: 1. Acquisition strategy and acquisition plan 2. Request for proposal 3. Consolidation/bundling analysis, if applicable 4. Justification and approval (J&A) 5. Resolution of any action items from the document review and/or ASRP 6. ASRP summary and approval 7. Other documents required by J72, as applicable to the procurement, to include any required determination and findings (D&F) ● Distribution of HQ J72 approval or disapproval of documents with action items
● The field activity revises documents if necessary and addresses any action items
Schedule the phase 1 IARB (coordinated by HQ J72)
Phase 1 IARB – Prior to issuing the solicitation (competitive) or requesting the proposal (non-competitive)
● Chaired by the IARB chairman ● Attended by appropriate offices and field activities ● Review the ASRP and approval ● Review the acquisition strategy ● Resolve issues and concerns, to include results of document review ● Capture action items and minutes (HQ J72 with the acquisition contracting officer) ● Approval and distribution of minutes (HQ J72)
► Decision point: Business clearance approval by the IARB chairman to issue the solicitation (competitive) or request the proposal (non-competitive)
Pre-phase 2 IARB preparation – Prior to the request for final proposal revisions (competitive), or negotiation (non-competitive)
● The field activity addresses any action items and proceeds with issuance of solicitation or request for proposal and establishes the closing date for the solicitation or proposal
Competitive | Non-competitive
● Determine whether to award with or without discussions (Discussion should occur with the contracting officer, SSEB chairperson, SSA, legal, and cognizant HQ J72 personnel, at a minimum) | ● Receive proposal 1. Evaluate proposal 2. Prenegotiation objective developed 3. Determine contract terms and conditions
Award without discussions | Award with discussions |
No phase 2: Awarding without discussions – proceed with phase 3. | ● The field activity submits required documents to HQ J72 and requests phase 2 IARB at least 20 business days prior to the planned IARB date
HQ J72 document review and approval ● Coordinated by HQ J72 ● Documents required: 1. Evaluation documents, including: a. Technical report b. Past performance report c. Draft PBM /PNM or price analysis 2. Evaluation notices 3. Competitive range determination 4. Source selection team presentation 5. Resolution of action items from the document review and/or prior IARB 6. Other documents required by HQ J72, as applicable to the procurement | HQ J72 document review and approval ● Coordinated by HQ J72 ● Documents required: 1. Proposal evaluation documents 2. Prenegotiation objective, draft PBM/PNM, field pricing support 3. Terms and conditions 4. Other documents required by HQ J72, as applicable to the procurement
● The field activity revises documents if necessary and addresses action items
Schedule phase 2 IARB (coordinated by HQ J72)
| Phase 2 IARB – Prior to request for final proposal revisions (FPR) | Phase 2 IARB – Prior to negotiation
| ● Chaired by the IARB chairman ● Attended by appropriate offices and field activities ● Review of phase I IARB minutes ● Resolve issues and concerns ● Capture action items, minutes (HQ J72 with acquisition contracting officer) ● Approval and distribution of minutes (HQ J72) | ● Chaired by the IARB chairman ● Attended by appropriate offices and field activities ● Review phase 1 IARB minutes ● Resolve issues and concerns ● Capture action items, minutes (HQ J72 with acquisition contracting officer) ● Approval and distribution of minutes (HQ J72)
| ► Decision point: Business clearance approval by the IARB chairman to request FPRs. | ► Decision point: Business clearance approval by the IARB chairman to enter into negotiation.
Pre-phase 3 IARB preparation – prior to contract award
Competitive | Non-competitive
Award without discussions | Award with discussions |
Activity submits documents to HQ J72 and requests phase 3 IARB at least 20 business days prior to the planned IARB date
HQ J72 Document review and approval ● Coordinated by HQ J72 ● Documents required: 1. SSDD – include in package: a. Technical report b. Past performance report c. Price assessment 2. SSA decision brief, including: a. Summary of evaluation b. Summary of offerors c. Evaluation assessment with assigned ratings: i. By offeror ii. By offeror with price overlay 3. Resolution of action items from the document review and/or prior IARB 4. Contract document, includes: a. Price b. Delivery c. Terms and conditions d. Special clauses e. Statement of Work f. Contract data requirements list (CDRL) 5. Other documents required by HQ J72, as applicable to the procurement (Note: Upon document review, a decision may be made requiring discussions before award.) | HQ J72 Document review and approval ● Coordinated by HQ J72 ● Documents required: 1. SSDD – include in package: a. Technical report b. Past performance report c. Price assessment 2. SSA decision brief, including: a. Summary of evaluation b. Summary of offerors c. Final evaluation assessment with assigned ratings: d. By offeror e. By offeror with price overlay 3. Resolution of action items from the document review and/or prior IARB 4. Contract document, includes: a. Price b. Delivery c. Terms and conditions d. Special clauses e. Statement of work f. Contract data requirements list (CDRL) 5. Other documents required by HQ J72, as applicable to the procurement | HQ J72 Document review and approval ● Coordinated by HQ J72 ● Documents required: 1. Final price negotiation memorandum (PNM) 2. Contract document, includes: a. Price b. Delivery c. Terms and conditions d. Special clauses e. Statement of work f. Contract data requirements list (CDRL) 3. Summary brief 4. Resolution of action items from the document review and/or prior IARB 5. Other documents required by HQ J72, as applicable to the procurement
● The field activity revises documents and addresses any action items
Schedule phase 3 IARB (coordinated by HQ J72)
Phase 3 IARB – prior to contract award
● Chaired by the IARB chairman ● Attended by appropriate offices and field activities ● Review of prior IARB minutes (Phase 1 or 2 as appropriate) ● Competitive or non-competitive brief ● Resolve issues and concerns ● Capture action items, minutes (HQ J72 with acquisition contracting officer) ● Approval and distribution of minutes (HQ J72)
► Decision point: Contract clearance by the IARB chairman to award
● The field activity addresses any action items
● Contract award
Pre-phase 4 IARB preparation – Postaward and prior to exercising option for services contracts
The field activity submits documents to J72 and requests the phase 4 IARB at least 20 business days prior to the planned IARB date.
Document review and approval ● Coordinated by HQ J72 ● Documents required: 1. Determination and Findings (D&F) for option exercise, with statements regarding: a. Bona fide need/requirement b. Past performance on the contract c. Pricing still valid 2. Contractor performance assessment report system (CPARS) report 3. Other documents required by HQ J72, as applicable to the procurement
● The field activity revises documents and addresses any action items
Schedule the phase 4 IARB (coordinated by HQ J72)
Phase 4 IARB – Postaward and prior to exercising option for services contracts
● Chaired by the IARB chairman ● Attended by appropriate offices and field activities ● Resolve issues and concerns ● Capture action items, minutes (HQ J72 with acquisition contracting officer) ● Approval and distribution of minutes (HQ J72)
► Decision point: Contract clearance by the IARB chairman to exercise option
● The field activity addresses any action items
● The field activity exercises the option, when applicable

(e) Planning, scheduling, and conducting the ASRP and IARB.

(1) The field activity shall plan to present their acquisition strategy to the ASRP up to 12 months prior to solicitation release, with additional lead time if DPAP peer review is expected.

(2) The field activity shall obtain field level board approval (or similar), including small business and legal counsel coordination, of the acquisition for all acquisitions meeting the criteria for an ASRP and for each phase for an IARB.

(3) ASRP procedures.

(i) For the ASRP, the field activity submits the required documents to HQ J72 (see table 2) with a request, as early as possible in the acquisition planning process, at least 20 business days prior to the planned ASRP date.

Table 2. Required ASRP documents
Document | Description
ASRP briefing, which includes: |
| Customer objectives - Describe the requirement, identify the customer(s), the customer’s objectives, and desired outcomes, including key performance indicators (KPIs), summary of initiative, scope, and total estimated value.
| Concept of operations - Describe the general concept of operations and/or provide the context for the procurement.
| Acquisition strategy - ● Describe how the strategy will meet the customer’s objectives and desired outcomes. ● Identify the contract type best suited to the identified acquisition strategy. ● Outline the contract administration plan and additional resources needed. ● Describe market research results. ● Outline socio-economic considerations as well as any bundling and consolidation issues. ● Outline challenges and risks, including how they will be addressed.
| IT systems requirements and compatibilities - Identify system requirements and systems compatibility – e.g., Enterprise Business System (EBS), eProcurement, electronic data interchange (EDI), and/or wide-area workflow (WAWF).
| Procurement timeline ● Identify key target dates for the procurement. ● Identify transition concerns, including any need for a continued contract or contract extension. ● Indicate if a DPAP or DLA peer review, or other DoD review is required and include time to accommodate the reviews.
Acquisition plan (AP) | If available. (See FAR 7.1, DFARS 207.1, DLAD 7.1 and DLAD PGI 7.1.)
Business case analysis (BCA), when applicable | Include: ● Cost and benefit, or savings. ● Assessment of the situation, with identification of causes or problems ● Statement of goals, objectives, and desired outcomes or outputs of alternatives ● Discussion of consequences of not pursuing the initiative ● Identification of viable alternatives with risk identification and risk mitigation measures ● Comparison of alternatives and recommended course of action (See DLA Instruction (DLAI) 2101, Acquisition Business Case Analysis.)
Field activity board approval | Documented approval from the field activity board for the acquisition.

(ii) HQ J72 coordinates document review of the required documents, providing approval with any action items, and schedules the ASRP.

(iii) The field activity revises documents and addresses any action items as appropriate.

(iv) The ASRP is conducted at DLA HQ as follows.

(A) Reviews acquisition.

(B) Resolves any issues and concerns.

(C) Captures minutes, including any action items.

(D) Business clearance is given by the ASRP chairman to proceed with acquisition, which is a key decision point.

(E) HQ J72 and the acquisition contracting officer finalize minutes, including any action items, and HQ J72 distributes minutes with clearance results within 3 business days.

(v) Post-ASRP/pre-IARB. The field activity develops appropriate acquisition documents following ASRP business clearance, incorporating resolution of any action items from the ASRP, also identifying the changes.

(4) IARBs for competitive procurements.

(i) The phase 1 IARB occurs prior to issuance of the solicitation, which is equivalent to phase 1 of DPAP preaward peer review for competitive procurements.

(A) The field activity submits the required documents to HQ J72 (see table 3) with a request for the IARB, at least 20 business days prior to the planned IARB date.

Table 3. Required phase 1 IARB documents for competitive procurements
Acquisition plan (AP) | Include: ● Summary of initiative ● Scope ● Customers ● Estimated value ● Competition aspects ● Contract type ● Plan of action and milestones (POA&M) ● Evaluation strategy ● Method and level of monitoring contract performance ● Exit criteria ● Address efforts to enhance competition, fair opportunity ordering procedures (if applicable), and preference for multiple awards ● Address socio-economic issues such as any impact on small business and provide an analysis of whether the procurement will constitute a bundling and/or consolidation (see 7.105-90(b)(1), 7.107, and 1.170.. ● If the BCA is not required, a financial assessment that describes potential costs and impact to organizational operations in workload, staffing, and other resources. (See FAR 7.105, DFARS 207.105, and DLAD 7.105)
Source selection plan (SSP) |
Business case analysis (BCA) | When applicable (see DLAI 2101)
Consolidation/bundling analysis | ● Address any bundling or consolidation, including analysis or justification (see 7.107 and 7.170)
Solicitation |
ASRP summary and approval | With evidence of resolution of action items from the document review and/or ASRP
Field activity board approval | Evidence of review and approval for all key documents

(B) HQ J72 coordinates document review of the required documents, providing approval with any action items, and schedules the phase 1 IARB.

(C) The field activity revises documents and addresses any action items as appropriate.

(D) The phase 1 IARB is conducted at DLA HQ as follows.

H. (1) Reviews the ASRP and approval.

I.

J. (2) Resolves any issues and concerns.

K.

L. (3) Captures minutes, including any action items.

M.

N. (4) Business clearance provided by the IARB chairman to issue the solicitation, which is a key decision point.

(E) HQ J72 and the acquisition contracting officer finalize minutes, including any action items, and HQ J72 distributes minutes with clearance results within 3 business days.

(ii) Post phase 1 IARB, the field activity–

(A) Addresses any action items and proceeds, including issuing the solicitation;

(B) Receives and evaluates the proposals according to the source selection plan (SSP), and prepares the evaluation team results, including team discussions and initial ratings (in accordance with DoD Source Selection Procedures, effective July 1, 2011);

(C) Resolves any clarifications; and

(D) Determines whether to award with or without discussions.

(iii) Phase 2 IARB.

(A) For award without discussions, there is no phase 2 IARB.

(B) For award with discussions–

O. (1) The phase 2 IARB occurs prior to request for final proposal revisions, which is equivalent to Phase 2 of DPAP preaward peer review for competitive procurements.

P.

(i) The field activity submits the required documents to HQ J72 (see table 4) with a request for the IARB at least 20 business days prior to the planned IARB date.

Table 4. Phase 2 IARB documents for competitive procurements with discussions
● Revised evaluation documents, including: ● Technical report ● Past performance report ● Price analysis report
● Evaluation notices
● Pre negotiation briefing memorandum or similar document establishing negotiation goals
● Competitive range determination
● Source selection team briefing
● Resolution of any action items from any prior IARB
● DPAP peer review report, if applicable, with evidence of resolution of comments
● Field activity board approval with evidence of review for all key documents
● Other documents required by HQ J72, as applicable to the procurement

(ii) HQ J72 coordinates document review of the required documents, providing approval with any action items, and schedules the phase 2 IARB.

(iii) The field activity revises documents and addresses any action items as appropriate.

Q. (2) The phase 2 IARB is conducted at DLA HQ as follows.

(i) Reviews phase 1 IARB minutes.

(ii) Brief SSD results.

(iii) Resolve issues and concerns

(iv) Captures minutes, including any action items.

(v) Business clearance is provided by the IARB chairman to request final proposal revisions (FPRs), which is a key decision point.

(vi) HQ J72 and the acquisition contracting officer finalize minutes, including any action items, and HQ J72 distributes minutes with clearance results within 3 business days.

R. (3) Post phase 2 IARB, the field activity–

(i) Addresses any action items and proceeds, requesting FPRs;

(ii) Receives FPRs, evaluates FPRs according to the SSP, and prepares evaluation team results;

(iii) Resolves clarifications and/or discussion points; and

(iv) Prepares and reviews the source selection decision document (SSDD), and prepares the source selection authority (SSA) decision brief.

(iv) The phase 3 IARB occurs prior to contract award, which is equivalent to phase 3 of the DPAP preaward peer review for competitive procurements.

(A) The field activity submits the required documents to HQ J72 (see table 5) with a request for the IARB, at least 20 business days prior to the planned IARB date.

Table 5. Required phase 3 IARB documents for competitive procurements
● SSDD and supporting documents, including: ● Technical report ● Past performance report ● Price assessment
● SSA decision brief, including: ● Summary of evaluation and offerors ● Final evaluation assessment with assigned ratings (for both major factors and sub-factors) ● By offeror and by offeror with price overlay
● PNM or other pricing memorandum, as applicable
● Resolution of any action items from prior IARBs
● DPAP peer review report, if applicable, with evidence of resolution of any comments
● Field activity board approval with evidence of review and approval for all key documents
● Other documents required by HQ J72, as applicable to the procurement
Note: For competitive procurements without discussions, upon document review, a decision may be made to move forward.

(B) HQ J72 coordinates document review of the required documents, providing approval with any action items and schedules the phase 3 IARB.

(C) The field activity revises documents and addresses any action items as appropriate.

(D) The phase 3 IARB is conducted at DLA HQ.

S. (1) Reviews phase 2 IARB minutes.

T.

U. (2) Resolves any issues and concerns.

V.

W. (3) Captures minutes, including any action items.

X.

Y. (4) Contract clearance provided by the IARB chairman to award the contract, which is a key decision point.

(E) HQ J72 and the acquisition contracting officer finalize minutes, including any action items, and HQ J72 distributes the minutes with clearance results within 3 business days.

(v) Post phase 3 IARB, the field activity–

(A) Addresses any action items; and

(B) Awards the contract.

(5) For non-competitive procurements–

(i) The phase 1 IARB occurs prior to issuing the request for proposal. (There is no equivalent DPAP pre-award peer review for non-competitive procurements.)

(A) The field activity submits the required documents to HQ J72 (see table 6) with a request for the IARB, at least 20 business days prior to the planned IARB date.

Table 6. Required phase 1 IARB documents for non-competitive procurements
● Acquisition strategy
● Acquisition plan
● Request for proposal
● Justification and approval (J&A)
● Resolution of action items from the document review and/or ASRP
● ASRP summary and approval
● Field activity board approval with evidence of review for all key documents
● Other documents required by HQ J72, as applicable to the procurement

(B) HQ J72 coordinates document review of the required documents, providing approval with any action items, and schedules the phase 1 IARB.

(C) The field activity revises documents and addresses any action items as appropriate.

(D) The phase 1 IARB is conducted at DLA HQ as follows.

Z. (1) Reviews the ASRP and approval.

AA.

BB. (2) Resolves any issues and concerns.

CC.

DD. (3) Captures minutes, including any action items.

EE.

FF. (4) Business clearance is provided by the IARB chairman to request the proposal, which is a key decision point.

(E) HQ J72 and the acquisition contracting officer finalize minutes, including any action items and HQ J72 distributes minutes with clearance results within 3 business days.

(ii) Post phase 1 IARB, the field activity–

(A) Addresses any action items and proceeds, including requesting a proposal; and

(B) Receives and evaluates the proposal, develops the prenegotiation objective, and determines contract terms and conditions.

(iii) The phase 2 IARB occurs prior to negotiation, which is equivalent to Phase 1 DPAP preaward peer review for non-competitive procurements.

(A) The field activity submits to HQ J72 the required documents (see table 7) with a request for the IARB, at least 20 business days prior to the planned IARB date.

Table 7. Required phase 2 IARB documents for non-competitive procurements
● Evaluation documents
● Prenegotiation objective
● Terms and conditions
● Field activity board approval with evidence of review for all key documents
● Other documents required by HQ J72, as applicable to the procurement

(B) HQ J72 coordinates document review of the required documents, providing approval with any action items, and schedules the phase 2 IARB.

(C) The field activity revises documents and addresses any action items as appropriate.

(D) The phase 2 IARB is conducted at DLA HQ as follows.

GG. (1) Reviews phase 1 IARB minutes.

HH.

II. (2) Resolves any issues and concerns.

JJ.

KK. (3) Captures minutes, including any action items.

LL.

MM. (4) Business clearance is provided by the IARB chairman to enter into negotiation, which is a key decision point.

(E) HQ J72 and the acquisition contracting officer finalize minutes, including any action items, and HQ J72 distributes minutes with clearance results within 3 business days.

(iv) Post phase 2 IARB, the field activity–

(A) Addresses any action items; and

(B) Conduct, conclude and document the negotiation.

(v) The phase 3 IARB occurs prior to contract award and is equivalent to phase 2 of the DPAP preaward peer review for non-competitive procurements.

(A) The field activity submits the required documents to HQ J72 (see table 8) with a request for the IARB at least 20 business days prior to the planned IARB date.

Table 8. Required phase 3 IARB documents for non-competitive procurements
● Summary briefing
● Final price negotiation memorandum (PNM)
● Contract document, which includes: ● Price, delivery, terms and conditions, special clauses, statement of work, and contract data requirements list (CDRL)
● Resolution of any action items from prior IARBs
● DPAP peer review report, if applicable, with evidence of resolving comments
● Field activity board approval with evidence of review for all key documents
● Other documents required by HQ J72, as applicable to the procurement, such as determinations and findings (D&Fs)

(B) HQ J72 coordinates document review of the required documents, providing approval with any action items, and schedules the phase 3 IARB.

(C) The field activity revises documents and addresses any action items as appropriate.

(D) The phase 3 IARB is conducted at DLA HQ.

NN. (1) Reviews phase 2 IARB minutes.

OO.

PP. (2) Resolves any issues and concerns.

QQ.

RR. (3) Captures minutes, including any action items.

SS.

TT. (4) Contract clearance by the IARB chairman to award contract, which is a key decision point.

(E) HQ J72 and the acquisition contracting officer finalize minutes, including any action items, and HQ J72 distributes minutes with clearance results within 3 business days.

(v) Post phase 3 IARB, the field activity–

(A) Addresses any action items; and

(B) Awards contract.

(6) The phase 4 IARB occurs postaward, prior to exercising each option for services contracts, which is equivalent to phase 4 of DPAP postaward peer review for services contracts.

(i) The field activity submits the required documents to HQ J72 (see table 9) with a request for the IARB, at least 20 business days prior to the planned IARB date.

Table 9. Required phase 4 IARB documents
● Determination and findings (D&F) for the option, including: ● Bonafide need/requirement exists ● Past performance on the contract ● Pricing is still valid
● Contractor performance assessment report system (CPARS) report
● DPAP peer review report, if applicable, with evidence of resolution of comments
● Field activity board approval with evidence of review for all key documents
● Other documents required by HQ J72, as applicable to the procurement

(ii) HQ J72 coordinates document review of the required documents, providing approval with any action items, and schedules the phase 4 IARB.

(iii) The field activity revises documents and addresses any action items as appropriate.

(iv) The phase 4 IARB is conducted at DLA HQ as follows.

(A) Reviews phase 3 IARB minutes.

(B) Resolves any issues and concerns.

(C) Captures minutes, including any action items.

(D) Contract clearance by the IARB chairman to exercise option, which is a key decision point.

(v) HQ J72 and the acquisition contracting officer finalize minutes, including any action items, and HQ J72 distributes minutes with clearance results within 3 business days.

(7) Post phase 4 IARB, the field activity–

(i) Addresses any action items; and

(ii) Exercises the option, when applicable.

(f) Emergency IARB.

(1) The field activity may request an emergency IARB, since there may be a situation where the customer’s requirements cannot be delayed regardless of administrative and oversight requirements, such as an urgent acquisition for contingency operation support.

(2) The IARB process will then be tailored by HQ J72 with approval from the SPE or designee following a written request from at least the level of the CCO.

(g) IARBs with program-wide approval.

(1) Upon request to the SPE through HQ J72 from the HCA, HCA designee, or CCO at an activity for which the Director, DLA Acquisition is the HCA, a program-wide approval may be granted at the ASRP for an acquisition with multiple regions or roll-out increments.

(i) The program-wide briefing shall identify all regions, sites, increments, and/or roll-outs.

(ii) In addition, total estimated maximum program-wide value must be addressed, in addition to the first region, site, and/or increment roll-out, with special considerations identified and described.

(2) Program-wide approval is contingent upon–

(i) The strategy, structure, and metrics in all regions, sites, increments, and/or roll-outs remaining unchanged; and

(ii) The solicitation documents being identical, except for specific details on the regions, sites, increments, and/or roll-outs; the acquisition strategy cannot vary significantly between regions, sites, increments, and/or roll-outs.

(3) IARBs following the program-wide approval may be tailored by HQ J72 with approval of the SPE or designee, in conjunction with the field activity, depending on the acquisition. The IARBs will generally follow the procedures in paragraph (e) of this section.

(4) The SPE or designee will decide whether an IARB will be held for each solicitation and resulting contract, or otherwise, by program. HQ J72 will send the SPE’s decision in writing to the HCA, HCA designee, or CCO at an activity for which the Director, DLA Acquisition, is the HCA.

(h) Waiver of an ASRP and/or IARB review.

(1) Submit waiver requests, providing the following information sent from the HCA or CCO, when J7 is the HCA, through HQ J72 to the SPE:

(i) Activity name requesting waiver.

(ii) Brief description of why the waiver is required.

(iii) Local review and clearance.

(iv) Solicitation number.

(v) Proposed contract number.

(vi) Type of contract action proposed.

(vii) Estimated acquisition value.

(viii) Item or services to be acquired.

(ix) Name of contract specialist and contracting officer.

(2) Granting a waiver is solely procedural and does not constitute approval of the action or any deviations from applicable laws and regulations.

(h) Forecast of ASRPs and IARBs. To facilitate planning and tracking, as well as actual scheduling of ASRPs and IARBs, field activities shall provide a rolling annual forecast. The forecast shall–

(1) Be submitted in electronic spreadsheet format from at least the level of CCO or designee to HQ J72 at the end of each quarter (i.e., December 31, March 31, June 30, and September 30);

(2) Include all acquisitions meeting ASRP and IARB criteria as provided in 1.690-3(d);

(3) Update the forecast as necessary;

(4) Include acquisitions when there is sufficient information to determine that the acquisition is likely to occur or, as a minimum, at least three months in advance of a planned ASRP or IARB; and

(5) Include the following information at a minimum–

(i) Name of the field activity;

(ii) Description of the procurement;

(iii) Procurement item identification number (PIIN) of the acquisition, as a solicitation, contract, or order;

(iv) Total maximum value, including options and surge;

(v) Anticipated solicitation and award dates, with period of performance; and

(vi) Planned milestones, when possible.