# MP5316.504(c)(1)(ii)(D)

#### Mandatory Procedure

MP5316.504(c)(1)(ii)(D)
Limitation on Single Award Contracts

September 3, 2010

MP5316.504(c)(1)(ii)(D) Approval of Determination and Finding (D&F) for Single-Award Task or Delivery Order Contracts that Exceed $100M (including all options)

1. The contracting officer must submit all D&Fs and congressional notifications to SAF/AQCK at SAFAQCK.Workflow@pentagon.af.mil. In the circumstance where a Justification and Approval (J&A) is required, the J&A package must be submitted with the D&F. In the case where the determination will be approved by the SPE (when it is necessary in the public interest to award the contract to a single source due to exceptional circumstances), in accordance with DFARS 216.504(c)(1)(ii)(D)(1), both the D&F and J&A, if applicable, will be staffed by SAF/AQCK for approval by the SPE. The congressional notifications must be prepared in accordance with OUSD/DPAP Class Deviation for Notification Requirements for Awards of Single-Source Task- or- Delivery- Order Contracts, DARS Tracking Number 2010-O0007

2. Minimum D&F Contents:

(a) Clear identification of one of the exceptions listed at FAR 16.504(c)(1)(ii) (D)(1).

(b) Circumstances that justify the use of a task or delivery order contract. This should include alternate contract types considered.

(c) Detailed discussion that precludes the award of a multiple-award, task or delivery order contract. At a minimum, this should include alternative acquisition strategies considered, the impact on the program’s delivery or performance schedule, program costs, and mission impact if not allowed to make single award.

(d) D&Fs using the exception that only one source is qualified and capable of performing the work at a reasonable price to the Government should cite and attach the Justification and Approval (J&A) as part of the staffing package.

ADDENDUM —Sample D&F

# DETERMINATION AND FINDINGS

AWARD OF SINGLE-AWARD TASK or DELIVERY ORDER CONTRACT
EXCEEDING $100 MILLION FOR [Insert appropriate program identification or name]

FINDINGS:

1. FAR 16.504 prohibits single award contracts for task or delivery order contracts estimated to exceed $100 million unless the head of agency, if no delegation of authority is made, determines in writing that the contract meets one of four exceptions listed in FAR 16.504 (c)(1)(ii)(D)(1).

2. The [insert contracting activity] proposes to purchase [insert description of the item(s)] under a single award task or delivery award contract [insert contract number].

3. The contract will be awarded based on the [clearly identify which exception the program is the basis for the approval].
a. [Describe the circumstance that justifies the use of a task or delivery order contract and alternate contract types that were considered. Discuss why these other contract types were not as appropriate]
b. [Describe the circumstances that preclude the award of a multiple-award, task or delivery order contract. This should be appropriately tailored to the exception being used, but at a minimum, should include alternative acquisition strategies considered, the impact on the program’s delivery or performance schedule, program costs, and mission impact if not allowed to make single award.]
c. The sole source Justification and Approval (J&A) for the [insert program name] was approved on [insert date] and is attached. (if applicable)

DETERMINATION:

Based on the findings above, I hereby determine that the proposed contract meets exception [identify which exception] of FAR 16.504 (c)(1)(ii)(D)(1) and a single award task or delivery order contract estimated to exceed $100 million is authorized.

______________________________ ________
[NAME] DATE
[Insert appropriate signature block]