# DLAD PART 39 – ACQUISITION OF INFORMATION TECHNOLOGY (IT)

- SUBPART 39.1 – GENERAL

- 39.106 Year 2000 compliance (Y2K).

- SUBPART 39.2 – ELECTRONIC AND INFORMATION TECHNOLOGY (E & IT)

- 39.201 Scope.
- 39.204 Exceptions.

- SUBPART 39.74 – TELECOMMUNICATIONS SERVICES

- 39.7402 Policy

- SUBPART 39.90 – PROCEDURES, APPROVALS AND TOOLS

- 39.9000 Scope.
- 39.9001 Procedures for IT procurement.
- 39.9002 Documentation requirements for IT procurement.
- 39.9003 IT miscellaneous portal and tools.

PART 39 – ACQUISITION OF INFORMATION TECHNOLOGY (IT)

TABLE OF CONTENTS

SUBPART 39.1 – GENERAL

39.106 Year 2000 Compliance.

SUBPART 39.2 – ELECTRONIC AND INFORMATION TECHNOLOGY

39.201 Scope.

SUBPART 39.74 – TELECOMMUNICATIONS SERVICES

39.7402 Policy.

SUBPART 39.90 – PROCEDURES, APPROVALS AND TOOLS

39.9000 Scope.

39.9001 Procedures for IT Procurement.

39.9002 Documentation Requirements for IT Procurement.

39.9003 IT Miscellaneous Portal and Tools.

SUBPART 39.1 – GENERAL

39.106 Year 2000 compliance (Y2K).

(a) (90) All solicitations and contracts for non-IT items (non-IT items are those items that contain embedded microcircuit chips with a clock mechanism, timing device, or control device) that are required to perform date/time processing involving dates subsequent to December 31, 1999, shall require the deliverables to be Year 2000 compliant or be upgraded to Y2K compliant.

(91) Orders for IT shall not be placed against a contract or other acquisition instrument unless the contract instrument requires Y2K compliance or the order itself requires Y2K compliance.

(92) The contracting officer must insert the clause 52.239-9000, Y2K Compliance Notice, in all solicitations and contracts for items, including items acquired under Part 12, containing embedded microchips with a clock mechanism, timing device, or control device required to perform date/time processing involving dates subsequent to December 31, 1999, to describe the Y2K compliance requirement.

(93) Exception or waiver requests to Y2K compliance must be approved by the DoD Chief Information Officer (DoD CIO). All requests for exception or waiver shall be submitted to the DLA CIO for review and approval prior to submission to the DoD CIO. The exception or waiver request must be supported with a written commitment from the contractor to provide the Y2K enhancement by a specific date in the future, no later than December 31, 1999.

(94) Contracting officers should consider requiring testing for Y2K compliance based on the complexity of the IT requirement. Testing procedures should allow for a representative sampling of the IT delivered to be tested for Y2K compliance and the results should be documented in writing, either by the supplier or the acquiring activity.

SUBPART 39.2 – ELECTRONIC AND INFORMATION TECHNOLOGY (E & IT)

39.201 Scope.

(a) Assuring purchases are Section 508 compliant requires two-way communication with the requirements community prior to the contracting action. The specific responsibilities of each organization are detailed in the Standard Operating Procedures for Section 508. However, the Exhibits contained in this link are examples of how the Federal Aviation Administration operates and should not be considered absolute requirements for DLA contracting officers.

(b) General Service Administration (GSA) requires all contracts and purchase requests for E&IT, regardless of cost, to include Section 508 requirements as well as the 508 technical standards for each category of E&IT products and services being obtained. However, note that the GSA IT-70 solicitation contains Section 508 requirements. See PGI 39.9003 for information on GSA.

(c) Further information on Section 508 is available via the internet and on the intranet in eWorkplace under J6.

39.204 Exceptions.

Consult with the local office of counsel when seeking an exception to having the acquisition of E&IT supplies and/or services meet the applicable accessibility standards at 36 CFR Part 1194, E&IT Accessibility Standards.

SUBPART 39.74 – TELECOMMUNICATIONS SERVICES

39.7402 Policy

(b)(4) Process the provision at DFARS 239.7402 (b)(4) for the necessary property through J71, who will coordinate with the Director, DLA Acquisition (J7) for the necessary authorization.

SUBPART 39.90 – PROCEDURES, APPROVALS AND TOOLS

(Revised May 23, 2013 through PROCLTR 2013-53)

39.9000 Scope.

This subpart prescribes policies and procedures for the acquisition of information technology (IT) and telecommunications.

39.9001 Procedures for IT procurement.

(a) All mid-tier requirements must be coordinated with J-6 and other business offices as needed, e.g., J-8 prior to submission to the contracting office. Mid-tier refers to equipment that is in the range between individual work stations and mainframe computers. Mid-tier uses include client servers, network controllers, process controllers, and dedicated single application processors.

(b) The DLA Contracting Services Office (DCSO) is responsible for acquiring IT services and supplies for DLA. Non-DCSO contracting offices may award contracts or orders for IT if any of the following conditions applies:

(1) The total value of the contract or order (including options) does not exceed $500,000.

(2) The contract or order is for IT supplies, training, or subscriptions.

(c) Requirements with a value exceeding the threshold of $500,000 shall be procured by DCSO, unless approval of the DCSO Chief of the Contracting Office (CCO) is obtained. Non-DCSO contracting offices shall request this procurement authority in writing to the DCSO CCO who will determine whether the procurement action will be performed by the non-DCSO contracting office or DCSO based on the facts presented.

(d) Proposed use of the Defense Information Systems Agency defense enterprise integration services contracts shall be submitted to the DLA CIO, through the DCSO, unless otherwise authorized in writing by the DLA CIO.

(e) All requirements to be acquired using the GSA federal systems integration and management program shall be staffed through the DCSO to the DLA CIO for informational purposes and investment accountability by the DLA CIO. See 7.90 for additional information.

(f) Refer to section 4.1302 when acquiring personal identity verification products and services.

(g) Prior to acquiring commercial software or software maintenance the contracting officer shall review DFARS Subparts 208.74 and 227.72, the DLA Issuance, Smartbuy and Enterprise Software Initiative (ESI) Enterprise Service Agreements (ESA), which is accessible through eWorkplace, and the DLA Information Technology Solutions Document. Requests for waiver in accordance with DFARS PGI 208.7403 and DFARS 227.72 shall be submitted to J6 (see DLA Issuance, Smartbuy and Enterprise Software Initiative (ESI) Enterprise Service Agreements (ESA), 4.6.3.2). See PGI 39.9003 for additional information.

(h) Any requirements that require the contractor to develop, store, process, display or transmit information that is used in any DLA business process must be coordinated with J-6 in the acquisition planning stage.

(i) Consult the DLA Information Technology Solutions Document to ensure that there are no existing IT solutions that can meet the acquisition requirement. See PGI 39.9003 for additional information on this document.

(1) Though this document provides Agency IT solutions, the contracting officer must ensure that all necessary procurement requirements are followed when using sources listed therein. Some areas to consider include the competitive process (see FAR 6.1), sole source and limited source justifications (see FAR 8.405-6), brand name situations (see FAR 11.105), economies of scale and scope of the listed source(s). See PGI 39.9003 for additional information.

(2) Contact J6 to request the addition of a new solution to the document.

(j) For telecommunications equipment and services:

(1) The contracting officer shall ensure that, for capital investment requirements $250,000 or greater, capital investment funding shall be used.

(2) Communication Services Authorities or other communications services orders or agreements shall be signed by the contracting officer.

(k) Internal Use Software (IUS).

(1) As defined in Statement of Federal Financial Accounting Standards (SFFAS) Number 10, Accounting for IUS, “IUS” is software used to operate a federal entity's programs (e.g., financial, administrative and project management software), and to produce the entity's goods and services.

(2) Requiring activity program managers are responsible for: classifying a software procurement as IUS, structuring software requirement deliverables in accordance with the IUS CLIN classification guidelines within Appendix K, Table 1, Contract Line Item Number (CLIN) Capitalization Table for Internal Use Software (IUS), and preparing the IUS classification and acknowledgement certification form in Appendix K, Table 2, Internal Use Software Acknowledgment Certification.

(3) Contracting officers are responsible for validating that the CLINs have been properly assigned in accordance with Appendix K, Table 1, Contract Line Item Number (CLIN) Capitalization Table for Internal Use Software (IUS) in Appendix K, signing the certification in Appendix K, Table 2, Internal Use Software Acknowledgment Certification, ensuring contractors submit invoices in accordance with the CLIN structure, and ensuring contracting officer representatives (COR) accept contractor deliverables and invoices consistently with the invoiced CLINs. A copy of the signed certification shall be placed in the contract file. Validating the CLINs can be delegated to CORs but must be certified by the contracting officer.

39.9002 Documentation requirements for IT procurement.

(a) The requiring activity shall provide the following documentation to the contracting office to be included in the contract file:

(1) A statement clearly describing why the IT is needed and the program/project/Automated Information System being supported by the IT procurement;

(2) A description of what is being acquired. Identify the product (including its intended purpose, if that is not clear from the name of the product), manufacturer and model number, version number, quantity, unit cost and any other attributes such as essential physical characteristics. For support services include a Statement of Work;

(3) Include the exact location and point of contact with commercial and DSN telephone numbers.

(4) A copy of the market survey for each recommended source (see FAR Part 10);

(5) A copy of the funding documentation;

(6) For sole source (e.g., only one source, specific make or model, or compatibility-limited) provide the contracting office documentation that can be used to support a justification for other than full and open competition or limited source justification (see FAR 6.3 and 8.405-6), and brand name situations (see FAR 11.105). See PGI 39.9003 for additional information; and

(7) Attach a copy of any miscellaneous information and/or supportive documentation necessary.

(b) Additional documentation and/or Business Case Analysis (BCA) shall also be prepared as part of the contract file for an acquisition as needed.

(1) Acquisitions valued below $50,000 shall be submitted in accordance with local procedures, or as appropriate for the complexity of the requirement.

(2) For acquisitions greater than or equal to $50,000 and less than $250,000 outline and compare the status quo method of business with three alternatives.

(3) For acquisitions greater than or equal to $250,000 and less than $1,000,000, in addition to the requirements of (b)(2) above, provide a detailed comparison of the expected costs, benefits, impacts and risks that would result from implementing alternative IT investments.

(4) For acquisitions greater than or equal to $1,000,000 and/or having a significant impact on DoD logistics operations, in addition to the requirements of (b)(2) and (b)(3) above, the analysis must be more in-depth. The analysis requires a study of the impact on DLA as a whole, as well as the quantitative and qualitative ramifications of the alternatives described within the investment. It considers the broad implications of the implementation of each alternative, including local and global implications, as well as immediate and future costs and savings.

(5) Refer to the DLA Issuance, Acquisition Business Case Analysis Process, for guidance on acquisition BCAs. Note explanation of exemptions provided at paragraph 3.a.

39.9003 IT miscellaneous portal and tools.

See PGI 39.9003, Procedures, Approvals, and Tools, for a portal to IT laws, regulations, policy and procedures. In addition, various IT tools are located there.