SOFARS PART 5601 THE FEDERAL ACQUISITION REGULATION SYSTEM
SUBPART 5601.1 – PURPOSE, AUTHORITY ISSUANCE
This United States Special Operations Command Federal Acquisition Regulation Supplement (SOFARS) provides minimum essential implementation of the Federal Acquisition Regulation (FAR), and DOD FAR Supplement (DFARS).
The SOFARS applies to all USSOCOM contracting offices that receive contracting authority from USSOCOM, Director of Procurement (DOP).
5601.170 Peer Reviews.
(Revised June 2021)
(a) DPC peer reviews. DPC peer reviews are required on all non-competitive acquisitions over $500 million. DPC peer reviews are required on competitive acquisitions over $1 billion only for major defense acquisition programs for which the USD(A&S) is the milestone decision authority or USD(A&S) special interest programs. DPC may still conduct peer reviews for competitive procurements above $1 billion upon request. In accordance with DFARS deviation 2019-O0010, DPC postaward peer reviews for acquisitions for services over $1 billion are not required as stated in DFARS 201.170(a)(1)(iii). Internal reviews should be completed prior to or concurrent with DPC peer review.
(b) DoD independent management reviews of contracts for services IAW section 808 of NDAA for FY08 are still required. Follow procedures for periodic independent management reviews of contracts for services consistent with section 808.
(c) DPC Peer Reviews leverage existing reviews; the following 5601-1 reviews serve as the DPC peer review phases. A list of required documents and elements to be addressed are found in PGI 201.170-4 . As a minimum, the Chief, cognizant LNO, and acquisition legal advisor will serve as reviewers for noncompetitive actions. As a minimum, the Chief, cognizant LNO, acquisition legal counsel, SSAC-Chair (if required), and SSA will serve as reviewers for competitive actions.
DPC PREAWARD PEER REVIEWS – COMPETITIVE ACQUISITIONS OF MAJOR DEFENSE ACQUISITION PROGRAMS WITH USD(A&S) AS MILESTONE DECISION AUTHORITY AND USD(A&S) SPECIAL INTEREST PROGRAM
Phase 1 – Prior to issuance of the solicitation
Requests for Proposals
Phase 2 – Prior to request for final proposal revisions (if applicable)
Requests for Final Proposal Revisions (if applicable)
Phase 3 – Prior to award
DPC PREAWARD PEER REVIEWS – NONCOMPETITIVE ACQUISITIONS
Phase 1 – Prior to negotiations
Phase 2 – Prior to award
DPC POSTAWARD PEER REVIEWS – SERVICES ONLY
Base 1-year or less
Post Award Peer Reviews – prior to exercise of each option period
(d) Component peer reviews. Pre-award peer reviews for competitive solicitations valued at less than $1B and non-competitive solicitations valued at less than $500M must be accomplished by complying with the RFP, Business, and Contract Clearances requirements defined in SOFARS 5615.001 at the thresholds outlined in 5601-1.
SUBPART 5601.2 – ADMINISTRATION
5601.201 Maintenance of the FAR.
5601.201-1 The Two Councils.
(Revised June 2021))
(1) The Procurement Management Division (SOF AT&L-KM) is the focal point for all matters pertaining to FAR, DFARS, and SOFARS. DCG
(2) Follow the procedures found in the DCG for submitting FAR, DFARS, or SOFARS change requests. Proposed changes must include all supporting documentation and be self-sustaining.
SUBPART 5601.3 – AGENCY ACQUISITION REGULATION
Each contracting office may establish and maintain local contracting publications that further explain procedures for subject matters unique to its location. Office publications shall be kept to a minimum and be made available in electronic media.
5601.304 Agency Control and Compliance Procedures.
(Revised September 2014)
(ii) One-time use clauses must be approved by the Chief, Contracting Office. Forward a copy of approved clauses to SOF AT&L-KM.
(A) One-time clauses may be authorized for repetitive local use if that clause is conducive to use by a single office due to unique circumstances. The Chief of the Contracting Office shall request authorization to repetitively use a local clause through their SOF AT&L-K liaison.
(B) Requests shall be submitted in writing and include a copy of the clause(s), sufficient justification as to why existing SOFARS clauses cannot be used, why the clause is needed, and why the clause is not suitable for inclusion in the SOFARS.
(C) Approvals granted by the DoP shall include an expiration date.
(iii) Local clauses used repetitively and are conducive to command-wide use may be proposed for inclusion in SOFARS and shall be submitted to SOF AT&L-KM for approval in accordance with the format outline in DFARS 201.201-1(d)( i ) .
(iv) SOF AT&L-KM shall conduct an annual review of all SOFARS clauses in use. Reviews may recommend retention, deletion or modification of the existing clauses.
(v) USSOCOM Point of Contact (POC):
U.S. Special Operations Command
Director of Procurement
Mission Support Division
7701 Tampa Point Blvd.
MacDill AFB, FL 33621-5323
Phone: (813) 826-6077 or DSN: 299-6077
Fax: (813) 826-7504
(6) Changes, revisions, and policy letters shall be distributed to contracting offices electronically and posted on the SOF AT&L-K website with the full authority of the Director of Procurement. All actions issued affecting the SOFARS shall be incorporated into the SOFARS on the SOF AT&L-K website.
SUBPART 5601.4 – DEVIATIONS FROM THE FAR
5601.403 Individual Deviations.
(Revised June 2021)
(i) The DoP is the approval authority within USSOCOM for FAR and DFARS individual deviations except for the individual or class deviations at DFARS 201.402(1) . Justification and approval must be placed in the contract file.
(ii) SOF AT&L-KM shall approve deviations to SOFARS.
SUBPART 5601.6 – CAREER DEVELOPMENT, CONTRACTING AUTHORITY AND RESPONSIBILITIES
(Revised June 2018)
(1) Title 10, United States Code (U.S.C.), section 167(e)(4)(B), provides that the Commander, United States Special Operations Command, has the authority to exercise the functions of the Head Of Agency under Chapter 137 of Title 10, U.S.C., subject to the authority, direction and control of the Secretary of Defense. In addition, the Director of Defense Procurement has delegated to the Commander, USSOCOM, the authority to act as:
(i) Senior Procurement Executive (SPE) for USSOCOM, except for such actions that by terms of statute or any other delegation must be exercised by the Under Secretary of Defense (Acquisition and Technology); and,
(ii) Head Of Agency (HOA) for those functions prescribed by FAR and DFARS that are in addition to those exercised under Chapter 137 of Title 10, U.S.C., pursuant to 10 U.S.C., Section 167(e)(4)(B).
(2) The Commander, USSOCOM, has delegated all delegable HOA and SPE authority to the Director, Special Operations Forces Acquisition, Technology, and Logistics Acquisition Executive (SOAE). The SOAE establishes policies, directs, and supervises USSOCOM activities with respect to contracting, acquisition, and related matters. The USSOCOM Staff Judge Advocate is the legal advisor to the Commander, USSOCOM, and SOAE.
(i) The SOAE has further delegated the authority to exercise certain HOA functions to the DoP with the power of redelegation. Exceptions to this delegation include those actions reserved by FAR and DFARS for Senior Executive Service (SES) members, Flag Officers, General Officers, or the authority for the actions required by the agency head in the following:
(ii) The following function cannot be delegated below the SES, Level IV (for USSOCOM the SPE):
(iii) In accordance with the FAR, the following functions are not delegable below the HOA:
(iv) The following function cannot be delegated below the Secretary of Defense:
(v) The DoP shall maintain Head of Contracting Activity (HCA) authority as designated throughout the FAR and DFARS. This authority is delegable in the absence of the DOP as permitted by the FAR and DFARS.
(vi) The DOP or DDOP is responsible for the first-level performance appraisal of all military and civilian headquarters contracting division or field contracting office chiefs.
(3) Unless otherwise specified in SOFARS, the approval level for contracting actions shall be the Contracting Officer.
(4) The HOA authority to determine when acquisitions support contingency operations, humanitarian or peacekeeping operations, facilitate the provision of international disaster assistance, support response to emergency or major disasters, or facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack, is delegated to USSOCOM headquarters contracting divisions and field contracting office chiefs.
(i) Once the determinations have been made in writing and included in each file, the following authorities may be utilized:
(5) (Removed June 2018)
5601.602 Contracting Officers.
(Revised November 2018)
(a) Based upon the authority of the USSOCOM Head of Agency Contracting Authority, the DoP shall issue all contracting officer warrants for the command.
(1) Limited Warrants – Any limitations identified on the warrant are based on the individual contract action.
(2) HCD/FCO Chiefs ultimately, have responsibility to ensure that limited authorities are utilized appropriately to meet organizational needs and are in the best interest of the government
(b) The office of the contracting officer must be organizationally situated to minimize any potential for undue influence and protect contracting officers from intra-organizational pressure to perform improper acts.
(c) Personnel in other than the 1102 classification series are prohibited from being appointed or serving as Contracting Officers. This requirement is not waivable on either an individual or class basis.
(d) Commanders and others having administrative supervision over contracting officers must bear in mind that actions exceeding the authority of a contracting officer are not binding on the Government. Therefore, they shall not direct, or otherwise exert influence, upon a contracting officer(s) to take such actions.
(Revised November 2013)
(b) It is the function of the USSOCOM Directorate of Procurement (SOF AT&L-K) to ensure that all the business decisions made in support of procurements are examined and the decisions are validated. Review and approvals will be conducted IAW Attachment 5601-1 and guidance found in the DCG. Ensure all the documents required to sustain the contracting action are included when submitting the decision for review and approval. Contracting officers shall maximize the use of electronic transmission for all documents submitted for review and approval to the appropriate SOF AT&L-K liaison officer.
(Removed June 2012, moved to 5601.604)
5601.602-2-90 Ordering Officers.
(Revised July 2013)
(a) The Contracting Officer is the appointing official for Ordering Officers. Ordering Officer authority is limited to the following:
(3) Placing unilateral delivery orders against pre-priced, indefinite delivery type supply and service contracts up to $25,000, provided the contract terms so permit;
(4) Placing delivery orders or verbal orders for up to $25,000 against Federal Supply Schedule, The Federal Prison Industries, Inc., or the National Industries for the Blind or other Severely Handicapped; or
(5) Placing individual orders against indefinite delivery type contracts for the preparation of personal property for shipment by the government provided the contract terms so permit.
(b) Contracting officers must develop and conduct advanced ordering officer training sufficient to prepare the ordering officer for the increased responsibilities when authorized to purchase single actions greater than $3,000. Training must include but is not limited to:
(1) How to conduct FAR compliant competition;
(2) Proper documentation of competition results;
(4) Maintaining the order file.
(c) Contracting officers must conduct one hundred percent (100%) surveillance on all transactions over $3,000. Perform surveillance within thirty (30) days of transaction when such action will not compromise the mission of the deployment, organization, or unit.
5601.602-3 Ratification of Unauthorized Commitments. See DCG for required procedures.
5601.602-3-90 Procedures. (Removed November 2018)
5601.603 Selection, Appointment, and Termination of Appointment.
(Revised June 2021))
The Chief, Contracting Office, will forward nominations for Contracting Officer Appointment to their cognizant LNO who will after review, forward to SOF AT&L-KM/KX/KB as appropriate.
5601.603-3-90 Appointment of Contingency Contracting Officers.
(Revised September 2013-reorganization)
(a)All Contingency Contracting Officer (CCO) warrants are subject to the limitations of USSOCOM business and contract clearance procedures. Contingency warrants are further limited to the duration of the contingency or deployment and are only valid while actually deployed in support of a contingency operation. Selection procedures shall comply with 5601.603-3.
(b)All CCOs shall attend the Defense Acquisition University (DAU) Contingency Contracting Course (CON 234) prior to deployment. A waiver may be requested from the DOP if this requirement cannot be met due to the urgency and immediacy of the mission.
(c)All contracting office chiefs shall notify SOF AT&L-KX of the deployment and redeployment of contingency contracting officers to overseas locations when contracting authority is granted by a USSOCOM issued warrant.
5601.604 Contracting Officer’s Representative.
(Revised June 2021)
(a) The Contracting Officer (KO) shall request and the requiring activity (i.e. each Center, Component, and/or Theater Special Operations Command (TSOC)) shall nominate a Contracting Officer’s Representative (COR) in accordance with DoD Instruction 5000.72, DoD Standard for Contracting Officer’s Representative (COR) Certification for all service contracts, including construction unless the conditions at DFARS PGI 201.602-2(d)(v)(A) are met.
(b) The KO will determine if a single COR or multiple/alternate CORs (i.e. PCOR/TR) are required to assist in technical monitoring or administration of a contract.
(1) Primary Contracting Officer’s Representative (PCOR) – PCORs may be assigned by the KO; PCOR responsibilities are non-delegable. The PCOR will serve as the senior technical advisor to the KO and will execute KO designated contract management responsibilities via a network of CORs. The PCOR may be responsible for functional oversight of KO-designated CORs but does not have any supervisory authority over the CORs.
(2) Technical Representative (TR) – The TR is designated by the COR via the TR letter of appointment and is accountable to the COR for performance of his or her designated duties and responsibilities.
(c) Minimum COR competencies, experience and training will be based on the contract’s dollar value, complexity, and performance risk. One of the following types of standards will be assigned.
(1) Type A: Fixed-price contracts without incentives and low performance risk.
(2) Type B: Fixed-price contracts without incentives other than low performance risk; and other than fixed-price contracts. This includes everything other than Types A and C.
(3) Type C: Unique contract requirements that necessitate the COR have a higher education or specialized training beyond the Type B requirements.
(4) All COR training must be completed before undertaking COR responsibilities.
(1) Contracting officers shall execute the COR appointment in the DoD Procurement Integrated Enterprise Environment (PIEE) Joint Appointment Module (JAM)
(i) IAW OUSD(AT&L) memorandum, dated February 10, 2014, Update to the Department of Defense Contracting Officer Representative Tracking Tool, classified contracts are waived from this requirement. The KO will accomplish an annual administrative review of COR files.
(ii) IAW SORDAC-K memorandum, dated December 1, 2014, “The Contracting Officer Representative Tracking Tool and Wide Area Work Flow e-Business Suite V5.6.0 Deployment Plan,” contracts that are either reported in ECITS or are not for public release are waived from the CORT-T mandate.
(2) The COR must file and OGE 450 unless the KO determines that there is no conflict of interest between the contractor or and of its subsidiaries. If necessary, request legal review.
(1) The KO will provide an annual assessment on the COR’s performance to the COR supervisor. If performance is inadequate, the KO must provide a written assessment and discuss performance with the COR. If reports or performance continue to be inadequate, notify both the COR and requiring activity or COR management that the COR designation is (will be) terminated and request nominations for a replacement COR. Only the KO can terminate appointment.
(2) The COR’s supervisor will ensure COR participation in the pre-award process and performance of COR duties/responsibilities are properly addressed in the COR’s annual performance appraisal.
(f) Examples of COR Responsibilities and Certification Requirements: See DoDI 5000.72 Enclosure 6.
(g) See DCG for templates to request COR support, COR designation, and COR termination.
SUBPART 5601.7 – DETERMINATIONS AND FINDINGS
(Added June 2018)
(Revised November 2018Unless otherwise noted in the SOFARS or DCG, there is no prescribed format or form for determinations and findings (D&Fs); however, D&Fs are required to contain the information specified in FAR 1.704 and any information that is required by the specific FAR or DFARS section under which the D&F is issued. DPC provides examples which can be found at the following link DoD listing .