# DLAD PART 53 – FORMS

- SUBPART 53.2 – PRESCRIPTION OF FORMS

- 53.201 Federal acquisition regulations system.

- 53.201-92 Contract file content list (DLA Form 678).

- 53.213 Small purchase and other simplified purchase procedures.

- 53.213-90 Blanket purchase agreement delivery ticket (DLA Form 470).
- 53.213-91 Shipping Instruction (DLA Form 1224).
- 53.213-92 Request for Quotation (DLA Form 1231).

- 53.219 Small business and small disadvantaged business concerns.

- 53.219-90 Referral of Small Business for Certificate of Competency (CoC) Consideration (DLA Form 1756).

- SUBPART 53.3 – ILLUSTRATION OF FORMS

- 53.300 General.

- SUBPART 53.90 - FORMATS AND TEMPLATES

- 53.9001 Federal Acquisition Regulations System
- 53.9001(a) Checklists - individual contract reviews – supplies and/or services.
- 53.9001 (b) Checklists - individual contract reviews – construction.
- 53.9001(c) DPAP peer review quarterly forecasting formats
- 53.9001(d) DAR case format Recommendations for amendment of regulations as prescribed in 1.201-91 shall be formatted as follows:
- 53.9001(e) DLA Automated Procurement Systems Internal Controls (APSIC) process reviews checklist.
- 53.9001(f) Types of CORs and required training for each.
- 53.9001(g) Sample Letter of Designation for a COR
- 53.9001(h) Annual COR file inspection checklist
- 53.9001(i) Sample letter terminating the designation of a COR
- 53.9001(j) Memorandum to Chief of the Contracting Office (CCO) for use of Contracting Officer’s electronic signature on automated procurement system
- 53.9001(k) Ratification of unauthorized commitments checklist
- 53.9001(l) Quantum meruit checklist
- 53.9006 Competition Requirements
- 53.9006 Template – Justification for Other than Full and Open Competition
- 53.9007 Acquisition Planning
- 53.9007(a) Template - Streamlined Acquisition Plan (SAP)
- 53.9013 Simplified Acquisition Procedures
- 53.9013(a) Elevation Timeline for Simplified Acquisitions
- 53.9013(b) Simplified Acquisition Award Documentation
- 53.9013(c) Template - Commercial Item Pre-solicitation Documentation
- 53.9013(d) Template - Commercial Evaluation/Award Documentation
- 53.9013(e) DOD EMALL waiver form.
- 53.9015 Contracting by Negotiation
- 53.9015(a) Price Negotiation Memorandum Checklist Competitive
- 53.9015(b) Price Negotiation Memorandum Checklist Non-Competitive
- 53.9019 Small Business Programs
- 53.9019(a) Fair Market Price (FMP) Determination.

PART 53 – FORMS

TABLE OF CONTENTS

(Revised April 25, 2014 through PROCLTR 2014-64)

SUBPART 53.2 – PRESCRIPTION OF FORMS

53.201 Federal Acquisition Regulations System.

53.201-92 Contract file content list (DLA Form 678).

53.213 Small purchase and other simplified purchase procedures.

53.213-90 Blanket purchase agreement delivery ticket (DLA Form 470).

53.213-91 Shipping instructions (DLA Form 1224).

53.213-92 Request for quotation (DLA Form 1231).

53.219 Small business and small disadvantaged business concerns.

53.219-90 Referral of small business for certificate of competency (CoC) consideration (DLA Form 1756).

SUBPART 53.3 – ILLUSTRATION OF FORMS

53.300 General

SUBPART 53.90 – FORMATS AND TEMPLATES

53.9001 Federal Acquisition Regulations System

53.9001(a) Checklists - individual contract reviews – supplies and/or services.

53.9001(b) Checklists - individual contract reviews – construction.

53.9001(c) DPAP Peer Review quarterly forecasting formats

53.9001(d) DAR case format

53.9001(e) DLA Automated Procurement Systems Internal Controls (APSIC) process reviews checklist

53.9001(f) Types of COR

53.9001(g) Sample Letter of Designation for a COR

53.9001(h) Annual COR file inspection checklist

53.9001(i) Sample letter terminating the designation of a COR

53.9001(j) Sample memorandum to CCO for use of Contracting Officer’s electronic signature on

automated procurement systems

53.9001(k) Ratification of unauthorized commitments checklist

53.9001(l) Quantum meruit checklist

53.9006 Competition Requirements

53.9006(a) Template – Justification for Other than Full and Open Competition

53.9007 Acquisition Planning

53.9007(a) Template - Streamlined Acquisition Plan (SAP)

53.9013 Simplified Acquisition Procedures

53.9013(a) Elevation Timeline for Simplified Acquisitions

53.9013(b) Simplified Acquisition Award Documentation

53.9013(c) Commercial Pre-solicitation Document

53.9013(d) Commercial Award Determination

53.9013(e) DOD EMALL Waiver

53.9015 Contracting by Negotiation

53.9015(a) Price Negotiation Memorandum Checklist – Competitive

53.9015(b) Price Negotiation Memorandum Checklist – Noncompetitive

53.9019 Small Business Programs

53.9019(a) Fair Market Price Determination

SUBPART 53.2 – PRESCRIPTION OF FORMS

(Revised April 18, 2014 through PROCLTR 2014-64)

53.201 Federal acquisition regulations system.

53.201-92 Contract file content list (DLA Form 678).

(a) General. DLA Form 678 shall be used as prescribed in 4.803(S-90).

(b) General instructions for preparation and use of DLA Form 678. The blocks shall be "X'd" and/or filled in as appropriate.

(1) Filing instructions.

(i) Sections A and B shall be filed on the left side of the file folder with section A on the bottom. Sections C and D shall be filed on the right side of the file folder with section C on the bottom.

(ii) The lowest numbered tab within each section shall be placed at the bottom of that section. When multiple documents are present under a numbered tab, e.g., correspondence, memoranda, they shall be filed chronologically with the most recent document on top.

(iii) It is impossible to enumerate all of the factors or conditions which may require specific documentation over and above that normally required. Therefore, as circumstances dictate, contracting officers shall describe, under the appropriate "blank" tab numbers, e.g., numbers 15-17; 30-32, such documentation as may be peculiar to the acquisition involved and file same in the analogous contract file section, e.g., tab 31, Certificate of Competency.

(2) Contract documentation.

(i) The documents identified on DLA Form 678 are those which are normally required to support a sealed bid/negotiated acquisition, other than a small purchase. The file sections provided establish the logical acquisition cycle sequence of documentation. The completed file will constitute a complete chronological history of the transaction and permit ready reconstruction of the actions taken in processing the acquisition.

53.213 Small purchase and other simplified purchase procedures.

53.213-90 Blanket purchase agreement delivery ticket (DLA Form 470).

This form may be used when supplies or services are acquired by means of a blanket purchase agreement (BPA).

(a) General. The Defense Logistics Agency (DLA) Form 470 is a cut sheet form and is designed to be used by the vendor as an acknowledgment of a call, notice of shipment, packing list, and invoice. This form eliminates the need for preparation, by the Contractor, of separate forms for these purposes. Also, Government personnel requiring information on these forms will receive it on a standard format.

(b) Procedure. A supply of the forms may be provided by the contracting office to each Contractor who has entered into a BPA with the center. Upon the placing of a call, the Contractor may be required to complete the BPA delivery ticket based on information contained in the written or oral call in accordance with detailed instructions to be provided by the contracting office.

(c) General instructions for preparation of DLA Form 470. After the placing of each call, complete the call, complete the form in accordance with the general instructions below, and any specific instructions received with the placing of the call.

(1) Block 11. This is the date the supplies are to reach destination, not the date of shipment. Convert the number of delivery days the Government offered to an actual date. For example, if the Government offered a 30-day delivery and received the oral or written call on 1 October, enter 10/31/YY as the required date.

(2) Block 12. This is the date the supplies are to be shipped, not delivered.

(3) Blocks 13 through 19. Information for these blocks will be furnished by the contracting office at the time of the call. Enter the name and address of the consignee in block 15.

(4) Blocks 21 through 23. Entries in these blocks will be made at the time of shipment. Enter actual date shipped or delivered. No partial shipments to a particular destination may be made. If more than one shipment is made against a call, prepare two copies of this form for shipment. Copies of the shipping documents may be attached as an alternative to completing blocks 21 and 22.

(5) When using the form as an acknowledgment of call. Place a check mark on "*" copies of the form in the box "Acknowledgment of call" (block 9).

(6) When using this form as a notice of shipment. Place a check mark in the box "Packing list" (block 9) on "*" copies of the form in the box "Notice of shipment" (block 9).

(7) When using the form as a packing list. Place a check mark in the box "packing list" (block 9) on "*" copies of the reproduced form for each consignee. Be sure blocks 21 through 23 have been completed, as applicable, on the forms used. Send "*" copies to each consignee by placing copies inside the container or in an envelope attached to the exterior of the container.

(8) When using this form as an invoice. At the end of the billing period, fill in "*" copies of the reproduced form which includes the shipment data for all destinations of that call as follows:

(i) Place a mark in the box marked invoice (block 9) of each copy of the form.

(ii) Sign and date blocks 24 and 25 of the top copy only of the form. If the BPA under which this call was issued does not provide for the fast payment procedure, the top copy must contain the signature and date (blocks 27A and 27B) of the authorized Government representative receiving and/or accepting for the Government.

"*" The number required shall be in accordance with the needs of the contracting office.

53.213-91 Shipping Instruction (DLA Form 1224).

This form is used against automated simplified acquisitions.

53.213-92 Request for Quotation (DLA Form 1231).

This form is used against automated simplified acquisitions.

53.219 Small business and small disadvantaged business concerns.

53.219-90 Referral of Small Business for Certificate of Competency (CoC) Consideration (DLA Form 1756).

(a) DLA Form 1756 may be used to provide information for CoC referrals as required by FAR 19.602-1 and DFARS 219.602-1.

(b) General instructions for preparation of DLA Form 1756:

(1) The name, size status, and total dollar value of the next low offeror should be identified, however, referrals shall not urge a conclusion based upon the size status of the second low offeror.

(2) The remaining blocks of the form are self-explanatory.

SUBPART 53.3 – ILLUSTRATION OF FORMS

(Revised April 18, 2014 through PROCLTR 2014-64)

53.300 General.

DLA forms are electronically maintained at:

https://eworkplace.dla.mil/sites/org3/des/Shared%20Documents/Forms/AllItems.aspx?RootFolder=%2fsites%2forg3%2fdes%2fShared%20Documents%2fDLA%20Forms%20Library&FolderCTID=&View=%7b72067A37%2d5952%2d4063%2dBB08%2d215F945B34A0%7d

SUBPART 53.90 - FORMATS AND TEMPLATES

(Revised April 29, 2014 through PROCLTR 2014-67)

53.9001 Federal Acquisition Regulations System

53.9001(a) Checklists - individual contract reviews – supplies and/or services.

The following contract review checklists have been developed for use as guides by DLA contracting

officers and buyers in their individual contract reviews. The checklists may be modified to suit the needs of the contracting activity. Standard DLA-wide forms are not prescribed in order to permit development

of local checklists.

Contractor:_________________________

Contract number:____________________ Dollar value: $________________________

Brief description of supplies or services with quantity, unit price, extension, and/or total price:

1. Does the center/activity have the authority to purchase this item? (DFARS 208.70)

Tab number 1 Purchase Request (PR)/ Military Interdepartmental Purchase Request (MIPR).

2. Is the PR or MIPR in the file?

3. Are amendments approved by appropriate authority and are they attached?

4. Is an option quantity included? (FAR 17.202)

Tab number 2 Specification/drawing.

5. Is the purchase description prepared in accordance with FAR 11.000?

Tab number 3 Acquisition plan/amendments (FAR/DFARS/DLAD 7.1).

6. Is information sufficient to support proposed method of acquisition (Sealed Bid – Competitive Proposals)? (FAR 6.401)

7. Was the acquisition plan approved in accordance with 7.102-90(b)?

8. Were market surveys and market research performed in accordance with 10.002-90?

9. Is the required delivery schedule realistic?

10. If option proposed, authorized/appropriate? (FAR 17.202)

11. Does the acquisition plan define S&S requirements (items, quantities, delivery terms), ensure S&S capability is developed, and include S&S testing in accordance with 7.104-90(b)(2)(i) and 17.9303?

Tab number 4 Justification for other than full and open competition.

12. Was contracting without providing for full and open competition justified? (FAR 6.303-1)

Tab number 5 Determination and findings.

13. Was a justification for use of option prepared? (FAR 17.205(a))

14. If the option is not to be evaluated, was determination approved at level above contracting officer? (FAR 17.206(b))

15. If for full and open competition after exclusion of sources, was a D&F prepared? (FAR

6.202(b)(1))

Tab number 6 Nonpersonal services determination.

16. If nonpersonal services involved, was determination issued? (FAR 37.103)

Tab number 7 Department of Labor (DOL) wage determination.

17. Was a wage determination requested? YES NO N/A

18. If a wage determination was obtained, is it current or does file contain documentation authorizing extension?

Tab number 8 Small business set-aside determination.

19. Does information provided support the determination? (FAR 19.501(c))

20. Is withdrawal/modification of the initial set-aside determination explained? (FAR 19.506(c))

Tab number 9 Buy American act.

21. If applicable, has a non-availability determination been prepared and approved pursuant to

DFARS 225.102?

Tab number 11 Source list

22. List includes those initially solicited and those added as a result of requests, with dates for the latter?

23. Is the list excessively long? (FAR 14.205-4(a))

24. Is the list annotated as to "no bids" received? (FAR 14.205-2)

Tab number 12 Presolicitation notice.

25. Should a pre-invitation notice (FAR 14.205-4(c)) or pre-solicitation notice (FAR

15.201(c)(5)) have been used?

26. Should a draft RFP ((FAR 15.201(c)(6)) have been used?

Tab number 13 Synopsis.

27. Copy of transmittal in file?

28. In proper format? (FAR 5.207/DFARS 205.207)

29. No synopsis; justification adequate? (FAR 5.202)

30. Was adequate time allowed? (FAR 5.203)

Tab number 14 Solicitation and amendments.

31. Was the solicitation issued in a timely manner?

32. Do solicitation provisions reflect PR or MIPR requirements?

33. If an oral solicitation, does file contain justification for its use? (FAR 15.203(f))

34. Bidding time/request for proposal (RFP) response time adequate? (FAR 5.203 and 14.202-1)

35. Format in accordance with FAR 14.201-1 (an invitation for bid (IFB)) or 15.204-1 (RFP)?

36. Were amendments sent to all originally solicited? (FAR 14.208/15.206)

37. Were amendments properly dated? yes no not applicable (N/A )

38. Are solicitation clauses and provisions current/complete? (FAR 14.201-6/15.209)

39. Does the solicitation include evaluation factors? (FAR 15.304)

40. Does the solicitation address surge and sustainment (S&S) requirements, capability, and testing as outlined in the acquisition plan (17)?

Tab number 18 Abstract of offers.

41. Abstract of bids/proposals: (FAR 14.403)

(1) Signed and dated?

(2) All bids/offers entered properly?

(3) Exceptions noted?

Tab number 19 Packaging/transportation/freight rate data

42. Packaging/transportation/freight rate data obtained and determined to be adequate?

Tab number 20 Cost/pricing data.

43. Were cost or pricing data requested in the solicitation? (FAR 15.403-5)

44. When cost or pricing data are required, has the contracting officer obtained the certificate of current cost or pricing data? (FAR 15.406-2)

45. If cost or pricing data are not required but the information other than cost or pricing needed to has to help establish price reasonableness or cost realism? (FAR 15.404-3)

46. If cost or pricing data submitted, is it in file?

47. If cost or pricing data were required, has the contracting officer indicated the extent to which he/she has relied on the data and recognized as inaccurate, incomplete or non-current any cost or pricing data submitted? (FAR 15.406-3(a)(6))

48. If cost or pricing data were or were not requested, does the file provide the exception used and basis for it? (FAR 15.406-3(a)(5))

Tab number 21 Audit report, waiver, or field pricing report.

49. Was field pricing support obtained (DCAA audit; DCAA pricing/technical report)? FAR

15.404-2 and DFARS 215.404-2))

50. If so, does the file contain all pricing support information? FAR 15.406-2(b)(2))

51. Was independent price analysis performed by the cost/price analysis element? (15.404-1(c)(S-90))

Tab number 22 Price/cost analysis.

52. If sole bid received, is the file documented to reflect actions taken and rationale used to determine the reasonableness of prices? (FAR 14.408-2)

53. Was weighted guidelines analysis prepared? (FAR 15.404-4(c)(2)/ DFARS 215.404-71

54. If prior contracts were used in the price analysis, were the price reasonableness determinations of those contracts stated? yes no N/A (FAR 15.404-1(b)(2)(ii)/DLAD 15.404-1(d)(S-90)(2)(ii))

55. Were realistic negotiation objectives established? (FAR 15.406-1)

Tab number 23 Prenegotiation briefing memorandum.

57. Does the prenegotiation briefing memorandum clearly establish basis for negotiating position?

58. Does it include all of the required elements? (FAR 15.406-1)

59. Was basis for decision to negotiate, or decision to accept the initial offer without discussion, documented? (FAR 15.306(a)(3)

60. Is the prenegotiation briefing memorandum signed and dated?

Tab number 24 Price negotiation memorandum.

63. Were negotiations conducted on an individual cost element basis?

64. Was the option quantity considered in negotiations? (15.403-4(a)(1)(i)(S-90)

65. Was rent-free use of Government property considered in the negotiations?

66. Was authority obtained for rent-free use from cognizant administrative contracting officer?

67. Was appropriate contract type selected?

68. Was a common cutoff date for negotiations established with all offerors? (FAR 15.307(b))

69. Does the price negotiation memorandum (PNM) format conform with FAR 15.406-3(a)/DFARS

215.406-3(a)/DLAD 15.406-3(a))?

70. Does the PNM clearly and conclusively support price reasonableness determination? (15.406-3)

71. Is the statement of same included in the PNM?

72. Is the PNM signed and dated?

73. Does the PNM document any negotiated changes to the S&S provisions (including those related to handling surge investments at the end of the contract), document (where it occurs) inability to obtain S&S capability and alternative plans as required in 17.9304(g)(3), and include a finding that any surge investments proposed are the most cost effective solutions?

Tab number 25 Certificate of cost or pricing data.

74. Was a certificate of current cost or pricing data obtained? (FAR 15.406-2)

75. Were option requirements included?

Tab number 27 Preaward survey or waiver.

76. Was a preaward survey conducted? (FAR 9.106 and DLAD 9.106-1)

Tab number 28 Equal Employment Opportunity (EEO) clearance

77. If the preaward survey report recommendation is not followed, has the case been reviewed and concurred in by the Chief of the Contracting Office? (9.106-4)

78. If $10 million or more, was the equal employment opportunity clearance report obtained? (FAR 22.805(a))

Tab number 29 Bid or offer evaluation.

79. Was evaluation conducted in accordance with solicitation criteria? (FAR 15.305(a))

80. Was price considered where technical evaluation is required? (FAR 15.304(c)(i))

Tab number 30 Cost Accounting Standards (CAS) coverage.

81. Is this a CAS-covered contract? (FAR 30.201-1)

82. If a disclosure statement is required, did the contractor:

(1) Submit the same?

(2) Execute a certificate of monetary exemption?

(3) Execute certificate of interim exemption?

(4) Execute a certificate of previously submitted disclosure statement?

Tab number 34 Unsuccessful bids or proposals.

83. Were nonresponsive determinations reviewed and concurred? (FAR 9.105-2)

84. Is there a non-responsibility determination in file? (FAR 9.105-2(a))

85. Unsuccessful bids/proposals included in the file?

86. Were unsuccessful bidders/offerors notified promptly? (FAR 15.503)

87. If a small business determined to be non-responsible, was a certificate of competency obtained? If not, why not? (FAR 19.6)

Tab number 35 Mistake in bid or mistake in proposal.

88. Does the file contain the administrative determination required by FAR 14.407-3(e)/DFARS

214.407-3(e)?

89. Concurrence by counsel obtained? (FAR 14.407-3(f))

Tab number 36 Determination of late bid/proposal.

90. Disposition of late bids/proposals adequately documented? (FAR 14.304-3 and FAR 15.208)

Tab number 37 Contract announcement.

91. Was the contract announcement forwarded? (FAR 5.303 /DFARS 205.303/DLAD 5.303)

Tab number 38 Individual contract action report.

92. Is the Individual Contracting Action Report, in the file? (DFARS 204.670-3)

Tab number 39 Local contract review comments.

93. Have all local CRO comments been addressed prior to forwarding for DLA HQ review? (1.690-7(b))

Section C - Other support data.

94. Was a subcontracting plan for small and small disadvantaged business concerns obtained and approved, if required? (FAR 19.702)

95. If a plan was not obtained, was a determination made that subcontracting possibilities do not exist? (FAR 19.705-2(c))

96. If royalty payments involved, did DLA General Counsel concur? (FAR 27.204-

1(b)/DLAD 27.000-90)

97. Should this item be referred to the competition advocate?

98. Is the contractor on the "Excluded Parties List System (EPLS)?" (FAR 9.405(b))

99. If a warranty provision contemplated, were the criteria of FAR 46.7 considered?

100. If provision for progress payments contemplated, is it appropriate? (FAR 32.501)

101. Were negotiations conducted with all responsible offerors within a competitive range? (FAR

15.306(d))

102. Were offerors notified of any changes in the Government's requirements? (FAR 15.206)

103. Were acknowledgments of changed requirements confirmed in writing by offerors? (FAR

14.303 and 15.411)

104. Were proposals marked with the date and time of receipt? (FAR 15.207(a))

105. Were requirements revalidated per 1.693?

106. Were the documentations required in DLAD 17.9307 included in the contract file?

Tab number 43 Award/contract and correspondence.

107. If the contract authorizes use of Government supply sources, are mechanisms in place to monitor appropriate usage? (51.102(f)(1)(a)(ii))

108. Was the proper award document utilized (SF 26, SF 33, or SF 1449)? (FAR 15.414)

109. Does contract agree in all respects with contractor's bid/proposal?

110. If a single signature document, does it reflect contractor's letter/message amendments? YES NO N/A

111. Is arithmetic correct? (Extensions and totals)

112. Is contract being awarded within bid/proposal acceptance period? (FAR 14.408-

1(a)/52.215-16(e))

113. Does contract file contain approvals required in 17.9304(b)(7)(vi)(A) and 52. 217-9006 for any exceptions taken?

114. Adequately funded? (FAR 32.702)

Remarks:

53.9001 (b) Checklists - individual contract reviews – construction.

The following contract review checklists have been developed for use as guides by DLA contracting

officers and buyers in their individual contract reviews. The checklists may be modified to suit the needs of the contracting activity.

Contractor: Dollar Value $:

Contract Number: Project:

Location:

1. Does the contract meet the criteria for a construction Yes No N/A contract? (FAR 36.102)

2. Have funds been approved under provisions of the annual Military Construction Appropriation Act? Is any other funding source appropriate?

3. Were sealed bidding procedures used? (FAR 36.103(a))

4. Were specifications prepared in accordance with FAR Part 11? (FAR 36.202)

5. Was an independent Government estimate prepared?

a. Was it prepared in as much detail as though the Government were competing for award? (FAR 36.203(a))

b. Was it marked FOUO prior to bid opening and was it filed with the other bids? Was the FOUO designation removed after bid opening? (DFARS 236.203(c))

c. Was the Government estimate recorded on the abstract of bids?

6. Did the advance notice and/or solicitation indicate the estimated price range of the procurement? (FAR 36.204)

7. Was a liquidated damages clause included in the contract? (DFARS 236.206)

8. Is a firm fixed-price contract anticipated? (FAR 36.207)

9. Were appropriate arrangements made for prospective offerors to inspect the work site and to have the opportunity to examine data? Was a record kept of the identities and affiliations of those who inspected the work site? Did the solicitation contain a site inspection provision?

10. Was a presolicitation notice issued? (FAR 36.302)

11. Was the presolicitation notice synopsized? (FAR 5.204)

12. Was a wage determination issued? Did the specifications include same? (FAR 36.303(c)(1))

13. Was a SF 308, Request for Determination and Response to Request, used to request an installation or individual wage determination? Yes No N/A

14. Are modifications to the Department of Labor (DOL) wage determination time-date stamped?

15. If an amendment to the wage rate was issued, were procedures for amending the solicitation followed?

16. Was adequate time allowed between issuing and opening the solicitation? (FAR 36.303(a))

17. Did the solicitation contain all the information required by FAR 36.303(c)(1) through (10), to include the following?

a. Wage determination;

b. Clause at FAR 52.236-1, Performance of Work by the Contractor;

c. Magnitude of the construction;

d. Period of performance;

e. Site inspection arrangements;

f. Information concerning facilities;

g. Information concerning prebid conference;

h. Special qualification or experience; and

i. Reporting requirements.

18. Were the clauses prescribed by FAR 36.501 through 36.521, and DFARS 236.570 included, as appropriate?

19. Did the solicitation specify the requirement for bonds, the penal sum for each bond, and the deadlines for submitting acceptable bonds? (FAR 28.102-2 and 28.102-3)

20. Was an adequate bid bond submitted with the bid?

21. Are the bid bonds signed by an agent of an approved corporate surety listed in the Treasury circular?

22. Was the original of the bonds submitted with the bid?

23. Are the penal amounts of performance and payment bonds correct? (FAR 28.102-2(a)(1) and (b)(1))

24. Were bid bonds and performance and payment bonds considered in the determination of responsibility?

25. Were performance evaluation reports used in making the determination of responsibility? (DFARS 236.201(c)(2))

26. If prequalification was used, was the approval of the HCA obtained? (DFARS 236.272)

27. If more than one item is subject to statutory cost limitation, is a separate schedule provided. Is the bid unbalanced? (FAR 36.205)

28. Does the notice of award include the information prescribed by FAR 36.304? YES NO N/A

a. Identify the invitation for bids.

b. Identify the contractor's bid.

c. State the award price.

d. Advise contractor that required payment and performance bonds must be promptly executed and returned to the contracting office.

e. Specify the date of commencement of work, or advise that a notice to proceed will be issued.

29. Are the prescribed forms for construction contracts used? (FAR 53.236-1) (See also FAR 53.301-24, 53.301-25, and 53.301-25-A)

a. SF 1417, Pre-Solicitation Notice (Construction Contract)

b. SF 1442, Solicitation, Offer and Award (Construction, Alteration, or Repair)

30. If period of performance is more than one month, are progress payments authorized?

31. Was the clause at DFARS 252.232-5 included for progress payments? (FAR 32.111(a)(5))

32. Is a construction warranty clause approved for usage? (FAR 46.710(e)(1))

33. Does the small or small disadvantaged business concern meet the size standards of FAR 19.102?

34. Is the required insurance clause in the contract? (FAR 28.3, 52.228-5)

35. Are specific affirmative action goals for the geographical area established? If not known, have instructions been requested from the Director, DLA Acquisition (J7) or DCMA-O? (FAR 22.804)

36. Has all Government-furnished property been described in detail in the schedule?

37. Has the solicitation been totally set-aside for small business and appropriate clauses included for procurements estimated below $2 million? (DFARS 219.502-2)

38. Have the potential offerors been allowed enough time to submit bids? (i.e., 30 days minimum, or a justification to reduce the bidding time made by the contracting officer) (FAR 14.202-1)

39. If funds are contingent upon the availability of another fiscal year funding, does the solicitation contain the proper clauses pertaining to the Funds Availability? (FAR 32.705-1(a))

40. Has a qualified COR been assigned?

53.9001(c) DPAP peer review quarterly forecasting formats

The following formats should be used by contracting offices to submit its quarterly forecast to the DLA Peer Review Program Manager as prescribed in 1.170-90(a)(2).

Table 1. Pre-Award – Competitive

Supply Chain/ Site/ Activity | Program/ Acquisition Name and Description | Dollar Amount | Preferred Phase 1 Peer Review Date | Expected Date of Solicitation Issuance | Preferred Phase 2 Peer Review Date | Expected Date of Request for Final Proposal Revisions | Preferred Phase 3 Peer Review Date | Expected Date of Contract Award

Table 2. Pre-Award - Noncompetitive

Supply Chain/Site/ Activity | Program/ Acquisition Name and Description | Dollar Amount | Preferred Phase 1 Review Date | Expected Date of Negotiation | Preferred Phase 2 Review Date | Expected Date of Contract Award

Table 3. Post-Award - All Service Contracts

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

53.9001(d) DAR case format Recommendations for amendment of regulations as prescribed in 1.201-91 shall be formatted as follows:

(a) Case statement. The case statement shall be in the form of a memorandum, without signature block, to the Director, DAR Council. The memorandum shall be in the format of: I. Problem; II. Recommendation; and III. Discussion, and forwarded to DLA Acquisition J71 by cover letter signed by the CCO. (b) Problem section. The problem section shall identify an existing problem in the procurement process, including the factual or legal reasons necessitating regulatory revision. (c) Recommendation section. The recommendation section shall cite the specific policy to be added, deleted, or revised (Tab A of the DAR case memorandum) and include sufficient portions of the existing policy to show the recommended change in context. Additions to policy shall be enclosed in brackets, and any deletions shall be shown as lined through. Tab B shall contain the elements described as collateral requirements. (d) Discussion section. The discussion section shall provide any background information, including prior DAR cases, relevant to the current issues and demonstrate how the recommended revisions will solve the problem identified. The discussion section shall also identify any side effects or disadvantages of the proposed revisions and justify any administrative effort or expenditure of Government resources, which shall include the full operation of the regulatory process (e.g., DLA HQ review, committee analysis, DAR Council analysis, CAA Council analysis, publication for comment and review of comments, and other applicable steps).

53.9001(e) DLA Automated Procurement Systems Internal Controls (APSIC) process reviews checklist.

(Revised April 29, 2014 through PROCLTR 2014-67)

The following checklist will be completed for each award reviewed as prescribed in 1.601-90(b)(3)(iv)(H).

APSIC Process Reviews Checklist
| Item | Comments
1 | Contract file PIIN |
2 | Small business set-aside decision consistent w/regulation |
3 | Award in Records Management reflects all quotes received |
4 | Abstract reflects all quoters and their PPIRS-SR Classification |
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 Records Management |
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 |

53.9001(f) Types of CORs and required training for each.

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.

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.

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.

53.9001(g) Sample Letter of Designation for a COR

The following sample letter of designation for a COR is provided as prescribed at 1.604:

SUBJECT: Designation as Contracting Officer's Representative for Contract/ Purchase Order / Delivery Order Number ______. TO: (Address to individual, indicating rank or grade, branch, division, contracting office , and location.) 1. Under the authority vested in me by my warrant dated __________, and pursuant to paragraph 1.604 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 1.604 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. You may be personally liable for unauthorized acts. 5. COR reference materials:
Document(s) | Location
Copy of the contract, all modifications, and task or delivery orders, as applicable | Electronic data access (EDA) or eProcurement
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
6. 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 contracting office address/ location and phone number ___________ ______________________________ Date Contractor representative’s signature with company address/location and phone number

53.9001(h) Annual COR file inspection checklist

A sample Annual COR File Inspection Checklist is provided as follows for monitoring the COR as prescribed at 1.602-2-90(h)(90). The checklist 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.

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 1.604), 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

53.9001(i) Sample letter terminating the designation of a COR

The following sample of a letter for terminating the designation of a COR is provided in accordance with 1.602-2-90(i). The letter may be tailored to the given situation.

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

53.9001(j) Memorandum to Chief of the Contracting Office (CCO) for use of Contracting Officer’s electronic signature on automated procurement system

The following memorandum shall be completed and submitted annually as prescribed in 1.604.

TO: (Insert Name of the Chief of the Contracting Office) 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

53.9001(k) Ratification of unauthorized commitments checklist

I. Responsibilities of the Contracting Office that made the Unauthorized Commitment. 1. [ ] Provide a signed statement describing the circumstances that led to the unauthorized commitment. Include the following information: a. [ ] Name of employee who made the commitment. b. [ ] Date when commitment was made. c. [ ] The bona fide Government requirement that necessitated the commitment. d. [ ] Reasons normal procurement procedures were not followed. e. [ ] Whether or not the Government derived any benefit from the supplies or services received? f. [ ] The cost of the supplies or services. g. [ ] Any other relevant information. 2. [ ] Provide all orders, original invoices, and other documentary evidence of the transaction. 3. [ ] If evidence of a commitment cannot be obtained, a letter was sent to the supplier requesting the reasons for performing without a contract; and the supplier’s response was provided to the contracting officer for use in the D&F as outlined in subparagraph III.2. below. (The supplier’s response may be helpful in determining whether the action is a ratification (directed by the Government) or a quantum meruit (i.e., not directed by the Government). )
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 to determine whether or not it provides a fully-supported, unambiguous understanding of how the unauthorized commitment occurred. 2. [ ] Prepare a contracting officer’s determinations and findings (D&F) in the format of Introductory/Summary, Facts/Background, Analysis demonstrating that FAR 1.602-3 criteria have been met, and Recommendation, to include 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 unauthorized commitment would otherwise have been a binding contract if made by an authorized contracting officer. The Government was not otherwise precluded by law from procuring the supplies or 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 by other procedures that apply to the contracting office. 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 contracting office legal counsel for opinion and comment. 6. [ ] Ensure the ratification receives the required level of review and approval, and document the contract file accordingly.

53.9001(l) Quantum meruit checklist

Quantum Meruit Checklist

I. The Contracting Officer shall confirm the action is a quantum meruit. The supplier’s performance must have been voluntary without Government direction to perform. 1. [ ] Obtain a written statement from the contracting office that received the supplies or services voluntarily without a contract. The statement must detail the circumstances that led to supplier performance without a contract. 2. [ ] Obtain any correspondence or email that pertains to how the supplies or services were provided without a contract and/or what led to a lapse in contract coverage. 3. [ ] Obtain a statement from the supplier explaining its understanding of Government contracting and its basis for performing without a contract (see Section IV for information required to support the supplier’s claim.) 4. [ ] Consult contracting office legal counsel after obtaining all information to help determine whether or not 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, including the following information. 1. [ ] Introduction, providing an overview of the Quantum Meruit claim. 2. [ ] Background, explaining how the lapse in contract coverage occurred. Include information regarding the knowledge of the Government employees involved, what led to the supplier performing without a contract, 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 valid claim from the supplier, which must be included as an attachment and summarized in the Justification. Invoices are not claims, but should be in the file. The supplier 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 address and contact information for the supplier and its legal counsel’s (if applicable) are included, to which the CAE notice and determination will be sent.
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, contracting office reviews and approvals are obtained and that the package is sent to DLA Acquisition J72 for processing and signature by the CAE.

53.9006 Competition Requirements

53.9006 Template – Justification for Other than Full and Open Competition

The following format should be used as prescribed in 6.303-2.

MEMORANDUM FOR RECORD

SUBJECT: “Justification for Other than Full and Open Competition for [item/service to be purchased] under authority of 10 U.S.C. 2304 [specific exception number].”

1. Summary/introduction: State in a few sentences 1) the field activity/agency, 2) what is being bought, 3) the estimated value and contract duration, and 4) the statutory authority cited for other than full and open competition. (This introductory section should be concise, as these points will be developed in detail later in the document.)

2. Description of agency’s need (10 U.S.C. 2304(f)(3)(A)): Include a summary of the origin of the procurement, a description of the supplies/services needed, the specific need or use for the item/service, and any other general information needed to understand the context

of the procurement. If this is a lengthy section, additional topic headings may be appropriate,

such as “Background,” “Current Procurement Efforts,” etc.

3. Authority for other than full and open competition (10 U.S.C. 2304(f)(3)(B)): Cite the authority and provide the rationale. If a particular company’s unique qualifications are critical, discuss those here. This section should include all facts supporting the use of other than full and open competition. This section should also address why the full quantity to be contracted for needs to be purchased without using competitive procedures.

4. Price/cost considerations (10 U.S.C. 2304(f)(3)(C)): Discuss relevant pricing issues, including the basis for determining that the anticipated price/cost will be fair and reasonable. Also include here, or elsewhere as appropriate, length of contract, quantity, and other contract particulars bearing on the price/cost.

5. Market research/efforts to obtain competition (10 U.S.C. 2304(f)(3)(D)&(E): Discuss market research, synopsis, and other efforts made to publicize the requirement and generate competition. Also include a listing of sources that expressed, in writing, an interest in the procurement. (Market research may be addressed separately, if appropriate.)

6. Actions Being Taken to Overcome Barriers to Competition (10 U.S.C. 2304(f)(3)(F)): Describe, for example, any efforts to identify and evaluate less restrictive methods of expressing the requirement. Include, when applicable, a description of the action being taken to obtain a data package adequate to acquire the item competitively in future acquisitions. Note: When the J&A will include items coded AMSC A and/or H, see mandatory details at 6.303-2(a)(S-90)(i)(A).

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

____________________ _____________________________________

Date Contracting officer signature

Over $85.5 million:

Other signatures as appropriate:

____________________ _____________________________________

Date Chief Counsel signature

____________________ _____________________________________

Date Other Signature

I have reviewed and hereby recommend that this justification be approved:

____________________ _____________________________________

Date DLA Competition Advocate Signature

I have reviewed this Justification:

____________________ _____________________________________

Date DLA Office of General Counsel Signature

Approval:

____________________ _____________________________________

Date DLA Senior Procurement Executive Signature

> I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

____________________ _____________________________________

Date Contracting officer signature

Over $85.5 million:

Other signatures as appropriate:

____________________ _____________________________________

Date Chief Counsel signature

____________________ _____________________________________

Date Other Signature

I have reviewed and hereby recommend that this justification be approved:

____________________ _____________________________________

Date DLA Competition Advocate Signature

I have reviewed this Justification:

____________________ _____________________________________

Date DLA Office of General Counsel Signature

Approval:

____________________ _____________________________________

Date DLA Senior Procurement Executive Signature

53.9007 Acquisition Planning

53.9007(a) Template - Streamlined Acquisition Plan (SAP)

The following format may be used for acquisitions above the SAT up to $10 million as prescribed in 7.102-90(e).

For Official Use Only Source Selection Information -- See FAR 2.101 and 3.104 Streamlined Acquisition Plan (SAP) (Complete and select the box that is appropriate for the acquisition situation) Date: Contracting office:       Buyer name: Requiring activity:       Voice (DSN): Project title:       Fax (DSN): Supply criticality: Acquisition specialist’s/buyer’s e-mail address: Purchase request (PR) or control number: ☐ Construction ☐ Service ☐ Supply ☐ Research and development (R&D) a. Product Service Code: (Specify for services) b. Services Portfolio Category: (Specify for services) I. Brief description of requirement (FAR 7.105(a)(1) a. Government estimate: $       (include all options and surge values) b. Period of performance       (include options) c. Delivery schedule: II. Proposed acquisition approach a. Extent of competition: ☐ Full and open competition ☐ Other than full and open competition* * FAR 6.3 authority (Specify): ☐ Full and open after exclusion of sources ☐ Competitive non-DoD ☐ Mandatory use policy, including waivers (e.g., under Part 8) ☐ Limited sources (e.g. under Part 8.405-6): b. Small business set-aside: (See FAR Part 19) ☐ Competitive small business set-aside (SBSA) ☐ Competitive 8a ☐ Sole source 8a ☐ Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside ☐ SDVOSB sole source ☐ Historically underutilized business zone (HubZone) Sole Source ☐ HubZone set-aside ☐ Small disadvantaged women owned business (SDWOB) ☐ Economically disadvantaged women owned small business (EDWOSB) ☐ Historically Black colleges and universities / minority institutions (HBCU/MI) ☐ Not applicable (NA) (If acquisition is unrestricted) ☐Other (Specify): c. Procedures: (Check all that apply) ☐ FAR 8.404 (GSA/Non-DoD Competitive) ☐ FAR 12 Commercial Items ☐ FAR 13 Simplified Acquisition Procedures ☐ FAR 14 Sealed Bidding ☐ FAR 15 Negotiation ☐ FAR 36 Construction and Architect and Engineer (A&E) and design build d. Contracting method ☐ Invitation for bid (IFB) ☐ Competitive request for proposal (RFP) ☐ Sole source RFP ☐ Other (fill-in) e. Basis of award: ☐ Sealed bid – Part 14 ☐ Negotiation – Part 15 ☐ Lowest price technically acceptable ☐ Performance price trade-off without technical factors/proposal ☐ Performance price trade-off with technical factors/proposal ☐ Full trade off source selection (an acquisition plan is highly recommended) ☐ General Services Administration (GSA)/non-DoD competitive ☐ Other (explain): Identify evaluation factors: f. Contract type (Check all that apply): ☐ Fixed-price ☐ Time and material/labor hour agreements ☐ Economic price adjustment ☐ Incentive ☐ Award fee ☐ Cost-reimbursement ☐ Redetermination ☐ Indefinite delivery contract (IDC) ☐ Multiply Award ☐ Single Award (Provide rationale why single award) ☐ Other (Specify): g. Sustainability: ☐ Contains sustainability requirements. ☐ Sustainability exception applies: (Specify) ☐ Sustainability requirements waived, approved by: (Specify) h. Other considerations (Check all that apply): ☐ Progress payment ☐ Warranty ☐ First article test (FAT) ☐ Government furnished property(GFP) / Government furnished material (GFM) / Government furnished equipment (GFE) involved ☐ Other (specify). Other items/considerations may include, Non-Economy Act or Economy Act assisted acquisitions and use of reverse auction) III. Prior procurement history: (If applicable) IV. Market research: (Discuss the purpose, nature, extent, involved personnel/offices and results/status, commerciality, and estimated completion date of any market research initiated/to be initiated in support of the instant purchase request or anticipated future requirements (see also FAR, DFARS, and DLAD Parts 10, 11, ) V. Problems /risk/vulnerabilities (See DLAD 7.105-90) VI. Projected key milestone dates: Receive purchase request (PR): Issue solicitation: Receive bids/offers: Complete evaluations: Award contract: Contract start: _____________________________________________________ Acquisition specialist or buyer name and signature, date _________________________________ ____ Contracting Officer Name and Signature Date VII. Approvals: ** The following section is to be completed by reviewer/approving official. ** Reviewer’s name:       Reviewer’s DSN/ phone number: Reviewer’s e-mail: ☐ Streamlined acquisition plan (SAP) approved as submitted ☐ SAP conditionally approved subject to comments below ☐ SAP disapproved (reviewers are required to include comments below) ☐ Requirement has been reviewed and validated by (specify): Reviewer’s comments: Reviewer’s signature: ______________________ ** The following section is to be completed by the small business specialist when required** ☐ Small business specialist coordination _____________________________ Small business specialist's comments: ** The following section is to be completed by the competition advocate when required** ☐ Competition Advocate coordination _____________________________ Competition advocate’s comments:

53.9013 Simplified Acquisition Procedures

53.9013(a) Elevation Timeline for Simplified Acquisitions

ELEVATION TIMELINE FOR SIMPLIFIED ACQUISITIONS

PR Schedule | Action Officer | Action Item
1 Day After Solicitation Closes* | Acquisition Specialist (AS) | Review offers for acceptability and address any technical and/or supply issues. If these issues cannot be resolved within 7 days, alert the AS Supv. If an ESA referral is required, follow “non-procurable” policy. If no quotes, follow non-procurable policy. If pricing or other issues cannot be resolved within 7 days elevate.
7 Days After Solicitation Closes | Acquisition Specialist (AS) Acquisition Specialist Supervisor (AS Supv) | AS: Elevate to Supervisor. AS Supv: If AS Supv is unable to help resolve, elevate to DC by Day 15. (document file)
15 Days After Solicitation Closes | Division Chief (DC) | DC: If AS Supv is unable to resolve, determine and facilitate a resolution by Day 20. (document file)
20 Days After Solicitation Closes | Acquisition Specialist | AS: Document File outlining the actions that were taken then award or follow Non-Procurable Policy by Day 20.

*For Automated ‘T’ Solicitations, follow above steps after Auto Evaluation Status (AES) Block converts to ‘M’ or ‘S’.

Above steps should take no longer than 20 business days. The following blocks shall be completed and placed in the purchase order file once all parties complete their actions.

Acquisition Specialist Name | Signature and Date
Acquisition Specialist Comments (optional)
Acquisition Specialist Supervisor Name | Signature and Date
Acquisition Specialist Supervisor Comments (optional)
Division Chief Name | Signature and Date
Division Chief Comments (optional)

Elevation Policy Timeline (No Quote)

Follow procedures laid out in the Non-Procurable Policy (CP-13-001)

53.9013(b) Simplified Acquisition Award Documentation

The following format shall be used to document the basis for award and determination of price reasonableness for simplified acquisitions as prescribed in 13.106-3(b).

Simplified Acquisition Award Documentation

Buyer: PR#:

Basis for Award – Price Reasonableness Determination – FAR 13.106-3(a): (Check as applicable and explain as needed*)

[ ] Fair and Reasonable – Adequate Price Competition – Manufacturer Competition

[ ] Fair and Reasonable – Adequate Price Competition – Dealer/OEM Competition

[ ] Fair and Reasonable – No Competition (single quote or noncompetitive price range)

[ ] Fair and Reasonable – Adequate Price Competition Among Providers of Services

[ ] Commercial Item $ per unit

[ ] Market Research

[ ] Federal Supply Schedule (FSS) Number: ________________ FSS Price: $ ________________

[ ] Independent Government Estimate

[ ] Comparison of the proposed price with prices found reasonable on previous purchases

Contract:__________________________ Unit Price: $_______________

Price Reasonableness Code (PRC) (if applicable) – DLAD 15.406-3(a)(11):____________

[ ] Comparison of similar items: NSN: ________________ Unit Price: $________________

[ ] Contracting Officer’s knowledge of the item

[ ] Any other reasonableness basis (i.e. Informal Cost Breakdown, Set by law or regulation, or other FAR Part 15 procedures)

*Narrative:

DFARS 217.7505 Sole Source Price Increase Certification:

Price has increased 25% or more within the past 12 months. [ ] Yes [ ] No. If “Yes”, the price has been evaluated and justified. Required notification prior to award has been completed.

Best Value Determination: (Required if Awarding to Other Than Lowest Price Highest Scored):

*Narrative:

Other Determinations: (Check as applicable and explain as needed*)

[ ] Procurement is a First Time Buy

[ ] Fast Pay applicable

[ ] PR complies with Fast Pay requirements IAW FAR 13.402(a) through (f)

[ ] FAR DEV at DLAD 13.402 applies. FAR DEV Number: ___________________________

[ ] First Destination Packaging [ ] No Negotiation/Low Potential Savings (DLAD 15.402(a)(S-90)(3)(ii)(B)(1)

[ ] SAM.gov checked; awardee not proposed for suspension/debarment or debarred IAW FAR 9.105-1(c). Date SAM Checked: ___________

Contracting Officer’s signature on the award document constitutes concurrence with all determinations made above.

53.9013(c) Template - Commercial Item Pre-solicitation Documentation

The following format may be used to document price and award justification as prescribed in 13.500(S-90)(7)(i).

MEMORANDUM FOR RECORD SUBJECT: COMMERCIAL ITEM PRE-SOLICITATION DOCUMENTATION IAW FAR 10.002, FAR 2.101, and FAR 13.5 Commercial Test Procedures Under 13.5 are Applicable Market research has been conducted prior to solicitation: Solicitation # , NSN(s) _, Item ______________ Part I – Market Research Please check the applicable block(s) for techniques utilized to conduct market research and determine commerciality: ( ) Commercial-Off-the-Shelf Field is coded: (attach supporting documentation to include a review of the Material Master in SAP); ( ) Reviewed the results of recent market research undertaken to meet similar or identical requirements; ( ) Queried the Government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.fpds.gov and other Government and commercial databases that provide information relevant to agency acquisitions; ( ) Reviewed catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line; or ( ) Contacted knowledgeable individuals in Government and industry regarding market capabilities to meet requirements Part II – Commerciality Determination Please check to indicate completion: ( ) In accordance with FAR 10.002(b) and FAR 2.101, Definitions, a review has been conducted of the item description(s) to determine if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs. The items are deemed commercial based on the above market research. Part III – Contract Type Please check to indicate the type of contract ( ) FFP ( ) FFP with EPA Part IV – Consolidation/Bundling Please check to indicate if Consolidation or Bundling is applicable: ( ) Consolidation (Please see attached report/determination) ( ) Bundling (Please see attached report/determination) Part V – Past Performance Evaluation ( ) Past Performance applicable ( ) Past Performance is not appropriate due to ______________ CONCLUSION: Based on the market research conducted, item(s) to be solicited against subject solicitation are determined to be commercial. APPROVALS: : ________________ _____ _______________ _______ Acquisition Specialist Date Contracting Officer Date

53.9013(d) Template - Commercial Evaluation/Award Documentation

The following format may be used to document the determination of responsibility as prescribed in 13.500(S-90)(7)(ii).

MEMORANDUM FOR RECORD SUBJECT: COMMERCIAL ITEM AWARD DETERMINATION UNDER TEST PROGRAM 13.5 Part I Determination of Responsibility: The awardee [insert CAGE code] is hereby determined responsible. Part II The Price is determined fair and reasonable based on: Adequate competition If only one response was received, the price is determined fair and reasonable based on: Market Research: (insert narrative below); Comparison of proposed price with prices found reasonable on previous purchases (insert narrative below); Current price lists, catalogs, or advertisements. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price (insert narrative below); Comparison with similar items in a related industry (insert narrative below); The contracting officer’s personal knowledge of the item being purchased (insert narrative below); Comparison to an independent Government estimate (insert narrative below); OR Any other reasonable basis (insert narrative below) Additional Remarks: Part III Award Justification: (Insert narrative) APPROVALS: ____________________ _________ ____________________ _________ Acquisition Specialist Date Contracting Officer Date

53.9013(e) DOD EMALL waiver form.

Use the following format as prescribed in 13.301(S-91)(2)(ii):

DOD EMALL Waiver

TRANSACTION NUMBER/CALL NUMBER ____________________

In accordance with DLAD 13.301(S-91)(2)(ii), the undersigned Billing Official hereby waives the requirement to use DOD EMALL as authorized by undersigned Hierarchy Level 4 (HL4) Agency/Organization Program Coordinator (A/OPC) based on the following circumstance(s): (Check all that apply.)

[ ] Use of DOD EMALL would not meet the delivery requirements;

[ ] Use of DOD EMALL would result in unreasonable or excessive cost to the requiring

activity;

[ ] Use of DOD EMALL would violate requirements for use of mandatory sources.

I have validated and attached supporting documentation for this waiver.

_______________________________ _____________________________

Billing Official Printed/Typed Name HL4 A/OPC Printed/Typed Name

_______________________________ _____________________________

Billing Official Signature/Date HL4 A/OPC Signature/Date

53.9015 Contracting by Negotiation

53.9015(a) Price Negotiation Memorandum Checklist Competitive

The following checklist may be used as prescribed in 15.406-3.

PRICE NEGOTIATION MEMORANDUM CHECKLIST COMPETITIVE
CONTENTS CHECKLIST | YES | NO | N/A
“FOR OFFICIAL USE ONLY” (FOUO) is at the top and bottom of the face or cover page, and on the bottom of each page containing FOUO, including the back page or cover. (DODManual 5200.01, Volume 4) |  |  |
1. SUBJECT |  |  |
a. Contractor name, division or group and location |  |  |
b. Contract or RFP number |  |  |
c. Item or service acquired |  |  |
2. INTRODUCTORY SUMMARY |  |  |
a. Contractor and proposal selected for award and date |  |  |
b. Offerors |  |  |
c. Tabular Summary of: proposed price, government estimate, and final proposal revision |  |  |
Major Price Items and/or CLINS |  |  |
Total |  |  |
Profit/fee % |  |  |
CPAF (base/award fee) ($ and %) |  |  |
Contract type |  |  |
c. Clearance authority |  |  |
(1) Approval authority |  |  |
(2) Approval date, meeting dates, and participants |  |  |
3. PARTICULARS |  |  |
a. Description of item or services being procured |  |  |
b. Explain method used to establish line item or unit prices |  |  |
c. Personnel: List names, title, organization and telephone number of participants in price analysis/cost realism (as applicable) discussions |  |  |
d. Significant dates: |  |  |
(1) Proposal date |  |  |
(2) Discussion(s)/date(s) |  |  |
(3) Final proposal revision date |  |  |
(4) Other significant date(s) (acquisition review board dates, competitive range determination, solicitation amendments, etc.) |  |  |
PNM CONTENTS CHECKLIST (COMPETITIVE) (Continued) | YES | NO | N/A
4. ACQUISITION SITUATION |  |  |
a. Acquisition background |  |  |
b. Discuss period of performance/delivery schedule |  |  |
c. Outside influences/unusual time constraints (i.e., Funding limitations, higher level, Congressional influences) |  |  |
d. Unique features or special pricing provisions (economic price adjustment , incentives, warranties, special progress payments, etc.) |  |  |
5. EVALUATION SUMMARY |  |  |
a. Reasonableness, completeness, cost realism, and balance |  |  |
(1) Description of the price analysis technique(s) used, results, and appropriateness in determining price reasonableness and completeness |  |  |
(a) Description of the basis of any escalation rates used for adjusting historical prices and/or for developing option year prices. See DoD Contract Pricing Reference Guide, Volume 2 Quantitative Techniques, Chapter 1 Using Price Index Numbers for potential sources of information, calculating adjustments, and other relevant topics. Global Insight will be used to develop escalation rates for future years. |  |  |
(b) Description of GSA Schedule prices, if any. Acquisition specialist must check GSA for any relevant price information and document the results |  |  |
(2) Description of the cost realism analysis technique(s) and their result(s) (if accomplished) |  |  |
(3) Description of assessment of balanced pricing and any associated risks |  |  |
(4) Document the decision rationale for having discussions and the date(s) or the decision to award without discussions. |  |  |
(5) Description and listing of major differences between the proposal and the final proposal revision prices |  |  |
b. Adequate price competition determination |  |  |
(1) Determination statement of adequate price competition |  |  |
(a) Statement that the offeror selected for award has the best value to the Government and that cost was a substantial factor in the selection for award; or |  |  |
(b) Statement that offeror selected for award had the lowest evaluated price; or |  |  |
(c) Statement that offeror selected for award was based on adequate price competition |  |  |
(2) Definitive statement that the offered price selected is fair and reasonable based on adequate price competition |  |  |
6. ADVISORY REPORTS/KEY DOCUMENTS |  |  |
Listing of Government advisory reports (pricing, technical, should cost, etc. Include title, report number and date.) |  |  |
7. SIGNATURES |  |  |
Signature block for contracting officer, and any other signatures required |  |  |
8. Attachments |  |  |
Attachments as identified in the document |  |  |

53.9015(b) Price Negotiation Memorandum Checklist Non-Competitive

The following checklist may be used as prescribed in 15.406-3.

PRICE NEGOTIATION MEMORANDUM CHECKLIST NON-COMPETITIVE
PNM CONTENTS CHECKLIST | PRE PNM | FINAL PNM | NA | SEE NOTES
“FOR OFFICIAL USE ONLY” (FOUO) is at the top and bottom of the face or cover page, and on the bottom of each page containing FOUO, including the back page or cover. (DOD Manual 5200.01, Volume 4) |  |  |  |
1. SUBJECT |  |  |  |
a. Contractor name, division or group and location |  |  |  |
b. Contract or RFP Number (as applicable include modification number) |  |  |  |
c. Item or service acquired |  | NA |  |
d. Delivery and/or Period of Performance |  |  |  |
2. INTRODUCTORY SUMMARY |  |  |  |
a. Date(s) of Negotiation and Agreement | NA |  |  |
b. Type of contractual action (new contract, supplemental agreement, etc.) |  | NA |  |
c. Tabular summary of cost, FCCOM, profit/fee and price: |  |  |  |
(1) Proposed and objective positions |  | NA |  |
(2) Proposed, objective and considered negotiated positions | NA |  |  |
(3) Separate summaries for options, etc. |  |  |  |
(4) Fee or profit rate for each position |  |  |  |
(5) Award fee pool for each position (as applicable) Ceiling price and percentage for each position (as applicable for cost contracts) |  |  |  |
(6) Type of contract for each position (FFP, FP/EPA, CPFF, CPAF, etc.) |  |  |  |
d. Approval authority |  |  |  |
(1) Approval authority |  |  |  |
(2) Approval date, meeting date(s), and participants |  |  |  |
(3) Limitations and/or conditions specified by the approving authority |  |  |  |
3. PARTICULARS |  |  |  |
a. Item or service identification: |  |  |  |
(1) Types and quantities |  |  |  |
(2) Previous buys of the same or similar items |  |  |  |
(a) When they were bought |  | NA |  |
(b) Quantity |  | NA |  |
(c) Contract type |  | NA |  |
(d) Prior unit or total prices (target/finals if applicable and available: document separately recurring and non-recurring costs) |  | NA |  |
(e) Current unit or CLIN prices (may be attached) with name of item, NSN, part number, quantities, etc., as applicable (document separately recurring non-recurring costs) |  | NA |  |
(f) Summary explanation of significant differences between the instant buy and most recent historical price(s) |  | NA |  |
(g) Stock Position of Items (include date stock position obtained, On-Hand Unfilled Orders, Inventory Consumption Rate, Due-In quantities, etc. Discuss any over/under position) |  | NA |  |
b. Explain method used to establish line item or unit prices |  |  |  |
c. Fact-finding/negotiation dates, places, names, titles, and office symbols for the government and the Contractor |  |  |  |
d. Principal government/Contractor negotiator identities |  |  |  |
4. ACQUISITION SITUATION |  |  |  |
a. Acquisition background (contract type, pricing, etc.) (address Long Term Contract and why it does/does not apply, surge and sustainment, etc. |  |  |  |
b. Period of performance and/or delivery schedule (address resolution of differences between required, proposed and negotiated) |  |  |  |
c. Outside influences/unusual time constraints |  |  |  |
d. Government furnished facilities, equipment or other support unique to this acquisition |  |  |  |
e. Unique features such as should cost, design-to-cost, life cycle cost, special payment procedures, and special provisions (clauses: savings, EPA, progress payments, performance based payments, validation of critical safety item and date ,incentives,etc.) |  |  |  |
5. NEGOTIATION SUMMARY |  |  |  |
a. Discussion/explanation of price analysis performed by the contractor and/or the government's price analysis in the following areas or a statement why it was not performed |  |  |  |
(1) Price element summary for proposed, objective, and considered negotiated amount. Narrative should discuss the position for proposed, objective and considered negotiated positions by topic. |  |  |  |
(2) Basis or estimating technique used to determine price reasonableness (attach exemption/waiver if in lieu of certified cost or pricing data) |  | NA |  |
(a) Description GSA Schedule prices, if any. Acquisition specialist must check GSA for any relevant price information and document the results. |  |  |  |
(3) Identify submission of data other than cost or pricing data necessary to determine a reasonable price. Include discussion on rationale and required updates (attach sales data, catalogues, competitive price list, independent market prices, other data, etc.) |  |  |  |
(4) Identify subcontractors required to provide cost and pricing data where the prime's requirement has been waived |  |  |  |
(5) Requirement changes and how the price analysis and objective were adjusted |  |  |  |
(6) Significant differences between the objective and negotiated amounts | NA |  |  |
(7) Use of advisory information/report(s) to establish the objective, including significant differences between them, the objective, and the final negotiated agreement. |  |  |  |
b. Discussion/explanation of analysis and support for proposed, objective and (for PNM) negotiated position for contract terms and conditions that are |  |  |  |
c. Identify proposal of record used to establish objective. |  | NA |  |
d. When certified cost and pricing data is obtained, a statement of the extent to which the contracting officer relied on contractor provided data except where specifically identified (including agreed to cut-off dates) | NA |  |  |
e. For contract actions that exceed TINA threshold but less than $10 million, after receipt of offers, but no later than upon receipt of adequate certified cost or pricing data the acquisition specialist will search the Contract Business Analysis Repository (CBAR) for items listed at DLAD 15.404-1(a) and document the file with the results. If DCAA is not providing audit assistance, this requirement applies to all actions that exceed the TINA threshold. |  |  |  |
f. If cost analysis is performed, major cost element summary with sub-paragraph index for proposed, objective and considered negotiated amounts (including direct and indirect costs for labor, materials, etc.) |  |  |  |
g. Discussions/explanations of cost analysis performed for each major cost element for contractor proposed, government objective and considered negotiated positions in the following areas: |  |  |  |
(1) Summary breakout of the components which make up the major cost element amounts |  |  |  |
(a) Labor hours by rate category |  |  |  |
(b) Identify and discuss indirect rate(s) |  |  |  |
(c) Materials and other costs by category |  |  |  |
(d) Subcontractor cost or pricing data |  |  |  |
1. Requirement, availability, adequacy of and reliance on subcontractor cost or pricing data |  | NA |  |
2. Sole source or competitive |  | NA |  |
3. Extent and adequacy of the prime's review |  | NA |  |
4. Why certified cost or pricing data were not obtained when required (attach waiver/exemption) |  | NA |  |
5. Why certified cost or pricing data were obtained when not required |  | NA |  |
(e) Basis or estimating method used |  |  |  |
(f) Explanation of contractor data not relied upon and reason for using other than contractor's data, identify data used to develop the government's position |  |  |  |
(g) Rationale, sources, and currency of the data used to establish the objective (include modification change determined to be non-commercial where originally determined commercial) |  | NA |  |
(h) Significant differences between the objective and negotiated amounts | NA |  |  |
(i) Use of advisory reports/IPT pricing in establishing the objective, including significant differences between them, the objective, and the final negotiated agreement |  |  |  |
(j) For undefinitized contract actions: actual costs to date, % of completion, trends and, as applicable, the contractor's estimate to complete |  |  |  |
PNM CONTENTS CHECKLIST (Non-Competitive) (Continued) | PRE PNM | FINAL PNM | N/A | SEE NOTES
(2) With incentive arrangements, describe how the share ratio(s) and ceiling price(s) were established |  | NA |  |
(3) Profit (Fee). Explain how the objective was developed |  |  |  |
(a) If WGM was used, state assigned weights and provide rationale when weights are below or above normal. (DD 1547 Attached to the PNM) |  | NA |  |
(b) If WGM not used, explain why not and how profit objective was developed |  | NA |  |
(c) List profit and /or fee rate(s) negotiated. If WGM profit objectives were not obtained in negotiations, explain why not and support profit and/or fee rate negotiated. | NA |  |  |
g. Summarize and include a definitive statement on why the negotiated price is fair and reasonable. (Address the 25% limitation on price increases (DFARS 217.7505) | NA |  |  |
h. Description of the basis of any escalation rates used for adjusting historical prices and/or for developing option year prices. See DoD Contract Pricing Reference Guide, Volume 2 Quantitative Techniques, Chapter 1 Using Price Index Numbers for potential sources of information, calculating adjustments, and other relevant topics. Global Insight will be used to develop escalation rates for future years. |  |  |  |
i. Summarize and include a definitive statement on why the negotiated price is fair and reasonable. (Address the 25% limitation on price increases (DFARS 217.7505) |  |  |  |
6. ADVISORY REPORTS/KEY DOCUMENTS |  |  |  |
a. List government advisory reports (audit, pricing, technical, should cost, etc. Include title, report number and date.) |  |  |  |
(1) Explain use of informal field assistance in lieu of formal report(s) |  |  |  |
(2) Explain basis for any field reports required but not obtained |  | NA |  |
b. Provide status and explanation/disposition of the deficiencies on the following contractor systems that impact the instant negotiations. |  |  |  |
(1) Accounting system (include adequacy of disclosure statement and compliance with cost accounting standards) |  | NA |  |
(2) Purchasing system |  | NA |  |
(3) Compensation system |  | NA |  |
(4) Estimating system |  | NA |  |
(5) Any other business systems, as appropriate |  |  |  |
c. List/identify contractor-provided data other than cost or pricing data and/or cost or pricing data. Identify certificate of current cost/pricing data, if provided | NA |  |  |
7. SIGNATURES |  |  |  |
Include signatures of the author of the PNM, Contracting Officer and (as applicable) Approval Authority |  |  |  |
8. ATTACHMENTS |  |  |  |
a. DD Form 1547 - Weighted Guidelines |  |  |  |
b. DD Form 1861 - Facilities Capital Cost of Money (for the objective only) |  |  |  |
c. Other attachments identified in the PNM |  |  |  |

53.9019 Small Business Programs

53.9019(a) Fair Market Price (FMP) Determination.

The following format shall be used to document how the FMP was established as prescribed in 19.807-90(d).

Determination for repetitive procurements

1. IFB/RFP NSN ITEM

2. Base of FMP Quanity fob Unit Price Award date

__________________________________________________________________

Current requirement: Previous procurement(s):

1)

2)

3)

Base unit price $

3. Adjustments (Show all calculations) + or - $

a. Quantity

b. EPA index (List index source, #, dates, title and values)

c. Transportation (List rate and source)

d. Delivery schedule

e. Packing and packaging (list rate and source)

f. Other (specify differing specs, terms, conditions, etc.) Net adjustment (a through f above)

FMP for current requirement (base unit price + or - net adjustment)

4. Discussions __________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

5. Coordination/approval:

Buyer's signature/date

Price analyst signature/date

Prepared Reviewed

Concur Nonconcur

Approved: Contracting Officer Date