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DLAD PART 1 – FEDERAL ACQUISITION REGULATIONS SYSTEM



PART 1 – FEDERAL ACQUISITION REGULATIONS SYSTEM

(Revised September 19, 2016 through PROCLTR 2016-09)

TABLE OF CONTENTS

SUBPART 1.1 – PURPOSE, AUTHORITY, ISSUANCE

1.105 Issuance.

1.105-3 Copies.

1.170 Peer reviews.

SUBPART 1.2 – ADMINISTRATION

1.201-90 Maintenance of the DLAD.

1.201-91 Amendment of regulations.

SUBPART 1.3 – AGENCY ACQUISITION REGULATIONS

1.301 Policy.

1.304 Agency control and compliance procedures.

SUBPART 1.4 – DEVIATIONS FROM THE FAR

1.402 Policy.

SUBPART 1.5 – AGENCY AND PUBLIC PARTICIPATION

1.501-2 Opportunity for public comments.

SUBPART 1.6 –CAREER DEVELOPMENT, CONTRACTING AUTHORITY AND RESPONSIBILITIES

1.601 General.

1.601-90 Critical acquisition responsibilities.

1.601-91 Contract Quality Review (CQR) Program.

1.602 Contracting officers.

1.602-2 Responsibilities.

1.602-2-90 Automated Procurement Systems Internal Controls (APSIC) Program.

1.602-3 Ratification of unauthorized commitments.

1.602-3-90 Quantum meruit actions.

1.602-90 Contracting Officer (KO) Warrant Program.

1.602-91 Nonappropriated funds.

1.603-3-90 Micro-purchase contracting authority.

1.603-3-91 Ordering officers.

1.604 Contracting Officer’s Representative (COR).

1.670 Appointment of property administrators and plant clearance officers.

1.690 Contract clearance and oversight.

1.690-1 Establishment of clearance approval authority.

1.690-2 Portfolio reviews.

1.690-3 Strategic contract (STRATCON) reviews.

1.691 Legal review.

SUBPART 1.1 – PURPOSE, AUTHORITY, ISSUANCE

(Revised October 20, 2015 through PROCLTR 2016-01)

1.105 Issuance.

1.105-3 Copies.

The DLAD is posted on the Acquisition Website at http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx and on the Federal Acquisition Regulation Site (FARSite) at http://farsite.hill.af.mil/. The DLA Issuances Public Repository is posted at http://www.dla.mil/HQ/StrategicPlansandPolicy/Offers/Products/PolicyAndProcedures.aspx.

1.170 Peer reviews.

(a) DoD peer reviews.

(1) An Integrated Acquisition Review Board (IARB) as defined in 2.101 is required prior to a DPAP peer review.

(2) If there is a discrepancy between the acquisition strategy and the DPAP peer review recommendations, the HCA shall confer with the DLA Acquisition Director to determine appropriate action.

(3) Within 15 calendar days after the date of the DPAP peer review report, the contracting officer shall document the disposition of all DPAP peer review recommendations in a memorandum for the record and furnish a copy to the DLA Acquisition Operations Division. If the contracting officer takes exceptions to any DPAP recommendations, they shall route the report through their HCA who will notify the DLA Acquisition Director and DLA Acquisition Operations Division prior to providing the response to DPAP. If the DLA Acquisition Director recommends any changes, he will discuss them with the HCA.

(b) Component peer reviews.

(1) HCAs are responsible for—

(i) Executing peer reviews in accordance with DoDI 5000.02 and DFARS Part 201; and

(ii) Conducting a minimum of two (2) reviews per fiscal year.

(2) Team members shall include representatives from other DLA contracting activities, DLA Acquisition, Office of Counsel, and Small Business Programs. The senior member chairs the review team.

(3) The DLA Acquisition Operations Division is responsible for oversight of peer reviews.

SUBPART 1.2 – ADMINISTRATION

(Revised October 20, 2015 through PROCLTR 2016-01)

1.201-90 Maintenance of the DLAD.

1.201-91 Amendment of regulations.

Recommendations for amending the FAR or the DFARS shall be submitted to the DLA Acquisition Policy Division for approval by the DLA Acquisition Director and submission to the DAR Council.

SUBPART 1.3 – AGENCY ACQUISITION REGULATIONS

(Revised October 20, 2015 through PROCLTR 2016-01)

1.301 Policy.

(a)(1)(i) The Defense Logistics Agency (DLA) Director has authorized the DLA Acquisition Director to issue the Defense Logistics Acquisition Directive (DLAD). The DLAD implements and supplements requirements of the Federal Acquisition Regulation (FAR), the Defense FAR Supplement (DFARS), DFARS Procedures, Guidance and Information (PGI), Department of Defense publications, and DLA Issuances. Pursuant to FAR 1.304, the DLAD establishes DLA regulations relating to the acquisition of supplies and services under the authority of Title 10 USC Chapter 137, or other statutory authority.

(ii) Only the DLA Acquisition Director is authorized to issue acquisition policies and procedures for use by acquisition personnel. Procuring organizations shall not issue acquisition policies or procedures. The DLA Acquisition Director approves all revisions to the DLAD, which are issued by numbered procurement policy PROCLTRs. Policies issued by PROCLTR are effective immediately, unless stated otherwise in the PROCLTR, and take precedence over the published version of the DLAD maintained on the Acquisition page in eWorkplace until the revisions are incorporated into the published version. PROCLTRs are maintained in eWorkplace under Organizations>Acquisition (J7)>Shared Documents>J-71>PROCLTR Archive.

(iii) Provisions and clauses. When solicitation provisions or contract clauses are required, the following procedures apply:

(A) The CCO may approve provisions and clauses developed for a single procurement that fulfill a specific and unique requirement of the acquisition or are a result of negotiations, subject to review by Office of Counsel prior to incorporation into a solicitation or contract. Such provisions and clauses shall not constitute a deviation from higher-level regulations or from the DLAD, or otherwise require DPAP approval. The CCO may delegate this authority to a level not lower than the Procurement Policy Chief. These provisions and clauses can be approved for one-time use only in a single acquisition or contract. One-time use provisions and clauses are not assigned DLAD numbers, but shall be identified in accordance with FAR 52.103 by title, date, and name of procuring organization that developed them.

(B) For a proposed repetitive-use provision or clause or for a substantive change to an existing provision or clause, requests shall be submitted to the DLA Acquisition Policy Division. The request shall be accompanied by prescriptive policy for use of the provision or clause on either an enterprise or non-enterprise basis.

(a)(2) Procuring organizations are authorized by the DLA Acquisition Director to issue internal guidance within the limitations of FAR 1.301(a)(2).

1.304 Agency control and compliance procedures.

(1)(i) Requests for approvals required by DFARS 201.304(1)(i) shall be submitted to the DLA Acquisition Policy Division.

SUBPART 1.4 – DEVIATIONS FROM THE FAR

(Revised October 20, 2015 through PROCLTR 2016-01)

1.402 Policy.

(S-90) All requests for deviations shall be submitted to the DLA Acquisition Policy Division.

(S-91) The DLA Acquisition Policy Division shall maintain a list of deviations granted to FAR, DFARS, and DLAD policies. Each deviation shall be formatted as DEVIATION, Fiscal Year, and number. DEVIATIONs are posted on the Acquisition Website at https://eworkplace.dla.mil/sites/S2/Pages/FARSDeviation%27s.aspx.

SUBPART 1.5 – AGENCY AND PUBLIC PARTICIPATION

(Revised October 20, 2015 through PROCLTR 2016-01)

1.501-2 Opportunity for public comments.

(b)(2) Comments on proposed rules in the Federal Register shall be submitted to the DLA Acquisition Policy Division.

SUBPART 1.6 –CAREER DEVELOPMENT, CONTRACTING AUTHORITY AND RESPONSIBILITIES

(Revised September 19, 2016 through PROCLTR 2016-09)

1.601 General.

(a)(S-90) Contracting authority flows from the DLA Acquisition Director to the five HCAs for the DLA contracting activities designated in DFARS PGI 202.101.

(a)(S-91) Authority conferred upon the HCA or the CCO under any paragraph of the DLAD may be delegated with power of redelegation to other officials, except when specifically limited by law or the FAR, DFARS, or DLAD. The CCOs will maintain a list of all their delegations and the delegations made by their respective HCAs, as authorized in this subpart. Written delegations of authority shall be uploaded in Document Automated Content Services-Records Management (DACS-RM) via https://www.dacsp.documentservices.dla.mil/landing_page/. (DACS-RM training and access are required.)

(a)(S-92) Any acquisition documentation requiring review and/or approval by the SPE or CAE shall be reviewed by the Office of Counsel and submitted through the HCA.

1.601-90 Critical acquisition responsibilities.

The HCA is responsible for maintaining oversight of the contracting function, which includes ensuring adequate oversight of all acquisitions conducted by the contracting activity and the fundamental integrity of its contracting system.

1.601-91 Contract Quality Review (CQR) Program.

(a) The CQR Program institutes a data-driven evaluation of each procuring organization and its contracting officers. The evaluation shall objectively measure quality performance to the standard outlined in the CQR manual referenced in paragraph (b) and present that evaluation in such a manner that enhances oversight and improves contract quality. This continuous review cycle, using a standardized checklist, collects and maintains data in a central repository to enable enterprise oversight, decision making, and corrective action. The CQR is synchronized with Contracting Officer (KO) Warrant Program reviews (see 1.602-90).

(b) For procedures associated with CQR Program roles and responsibilities, see DLAM 5025.03 at https://hqc.dla.mil/issuances/Pages/default.aspx.

1.602 Contracting officers.

1.602-2 Responsibilities.

(d)(S-90) Contracting Officer’s Representative (COR). For information on COR function and requirements, see DoDI 5000.72, DoD Standard for Contracting Officer's Representative (COR) Certification, at http://www.dtic.mil/whs/directives/corres/pdf/500072p.pdf.

(d)(S-91) Contracting Officer’s Representative Tracking (CORT) Tool Program.

(i) See http://www.acq.osd.mil/dpap/pdi/eb/cor.html for procedures associated with the CORT Tool, training requirements, User’s Guide, Frequently Asked Questions (FAQs), and a list of CORT Tool Department Administrators. DLA-provided ethics training meets the annual ethics training requirements for CORT Tool.

(iii) CORT Tool Department Administrators at each procuring organization can assist with access and navigation issues. A list of CORT Tool Department Administrators by location and DoDAAC can be accessed in eWorkplace under Organizations>Acquisition Organizations>Acquisition (J7)>Shared Documents>J73 Compliance Oversight and Acquisition Workforce>Contracting Officer’s Representative Tracking Tool (CORT Tool).

1.602-2-90 Automated Procurement Systems Internal Controls (APSIC) Program.

(a) The APSIC Program standardizes the oversight of automated procurement system functional outcomes, pricing and responsibility logic, contracting officer training and documentation, postaward reviews of automated award files, and price trend analysis.

(b) For procedures associated with the APSIC Program, see DLAM 5025.06 at https://hqc.dla.mil/issuances/Pages/default.aspx.

1.602-3 Ratification of unauthorized commitments.

The authority to ratify unauthorized commitments valued over the SAT is delegated to the HCA and cannot be further delegated. The authority to ratify unauthorized commitments valued at or below the SAT is delegated to the CCO and cannot be further delegated. A Ratification of Unauthorized Commitments Checklist can be accessed in eWorkplace under Organizations>Acquisition (J7)> PROCLTRs.

1.602-3-90 Quantum meruit actions.

In accordance with DODI 1340.21, Enclosure 6, the authority to resolve disputes regarding quantum meruit claims has been delegated to the CAE and cannot be further delegated. The CAE will issue an initial determination and notice to the claimant. A Quantum Meruit Checklist can be accessed in eWorkplace under Organizations>Acquisition (J7)> PROCLTRs.

1.602-90 Contracting Officer (KO) Warrant Program.

(a) The KO Warrant Program establishes a standard program for the selection, appointment, termination, and reinstatement of contracting officers to ensure that only those individuals who fully meet selection criteria are appointed and retained as contracting officers. Warrant candidates must satisfy prequalification appointment standards and proficiency assessments. KO Warrant Program reviews are synchronized with CQRs (see 1.601-91) and conducted to objectively assess compliance outcomes. Individual proficiency reviews are conducted continuously to ensure integrity of all warranted KOs through comprehensive work product reviews. All evidentiary matter is maintained in a central repository.

(b) For procedures associated with the KO Warrant Program, see DLAM 5025.04 at https://hqc.dla.mil/issuances/Pages/default.aspx.

1.602-91 Nonappropriated funds.

DoD policy for contracting actions using nonappropriated funds is in DoD Directive (DoDD) 4105.67 and Army Regulation (AR) 215-4, Nonappropriated Fund Contracting.

1.603-3-90 Micro-purchase contracting authority.

(a) Holders of a Government-Wide Commercial Purchase Card (GPC) have authority to make micro-purchases in accordance with DTM 13-001, Government Purchase Card, which can be accessed at http://www.dla.mil/issuances/Documents/DTM%2013-001.pdf. Written appointments of GPC holders shall be uploaded in Document Automated Content Services-Records Management (DACS-RM) via https://www.dacsp.documentservices.dla.mil/landing_page/. (DACS-RM training and access are required.)

(b) Individuals authorized to make micro-purchases by means other than the GPC shall be so designated, in writing, and are required to complete CON 237, Simplified Acquisition Procedures. Written designations shall be uploaded in DACS-RM via https://dacsp.documentservices.dla.mil/landing_page/. (DACS-RM training and access are required.)

1.603-3-91 Ordering Officers.

Written designations of ordering officers shall be uploaded in Document Automated Content Services-Records Management (DACS-RM) via https://dacsp.documentservices.dla.mil/landing_page/. (DACS-RM training and access are required.)

1.604 Contracting officer’s representative (COR).

For policies regarding CORs and the COR Tracking (CORT) Tool program, see 1.602-2.

1.670 Appointment of property administrators and plant clearance officers.

(a) The appropriate agency appointment authority is the HCA. This authority may be delegated no lower than the O6/GS-15 level.

(b) DLA employees who meet the requirements specified in DFARS 201.670(b), including employees serving in the 1103 or 1150 job series or military equivalent job series, may be considered for appointment as Property Administrators or Property Managers. DLA does not appoint Plant Clearance Officers. Property administrator duties are identified in the DOD Guidebook for Contract Property Administration, dated December 2014.

1.690 Contract clearance and oversight.

1.690-1 Establishment of clearance authority.

The DLA Acquisition Director has delegated clearance authority to the lowest possible level consistent with law and regulation. Clearance for purposes of this section is the authorization to proceed to the next stage in the acquisition.

(a) Clearance authority for MAIS/MDAP is OSD for ACAT I unless authority has been delegated to DLA.

(b) Clearance authority for MAIS/MDAP is the CAE for ACAT II. This authority cannot be further delegated.

(c) Clearance authority for the acquisition of services over $250M and less than $1B (less than $500M for IT services) is the SPE. This authority cannot be further delegated.

(d) Clearance authority for all supply acquisitions is the HCA. HCAs are authorized to redelegate, in writing, HCA clearance authorities within their contracting activity.

(e) Clearance authority for the acquisition of services up to $250M is the HCA. HCAs are authorized to redelegate, in writing, HCA clearance authorities within their contracting activity.

1.690-2 Portfolio reviews.

The SPE will conduct biannual portfolio reviews of each contracting activity. The reviews will address:

(a) Oversight program.

(b) Pricing.

(c) Competition.

(d) Systems support.

(e) Better Buying Power implementation and metrics.

(f) Small Business program and implementation.

(g) Strategic acquisitions.

(h) Feedback from CCOs and contracting officer supervisors.

1.690-3 Strategic contract (STRATCON) oversight.

(a) The SPE and the Senior Services Manager (SSM) (for acquisition of services) reserve the right to review any acquisition.

(b) Procuring organizations shall report forecasted strategic contracts as defined in DLAD 2.101 to the DLA Acquisition Operations Division by the 10th of each month. The DLA Acquisition Operations Division will recommend acquisitions or contracts to be reviewed by the SPE/SSM.

(c) The SPE/SSM shall advise the HCAs of acquisitions that have been selected for review.

(d) HCAs shall consider holding Acquisition Strategy Review Panels (ASRPs) and Integrated Acquisition Review Boards (IARBs) for strategic contracts (see definitions in 2.101).

1.691 Legal review.

(a) Legal advice and assistance of Office of Counsel shall be obtained in the preparation of provisions or clauses other than standard FAR, DFARS, DLAD, or DLA Acquisition-approved provisions or clauses which are to be contained in solicitations, including all EPA clauses and revisions to EPA clauses; prior to taking action to resolve any instance of defective cost or pricing data or false claim; in the preparation and review of acquisition documents for procurements that are subject to the ASRP and IARB; and on any questionable legal areas in acquisitions, such as the preparation and/or execution of contractual documents.

(b) For purposes of this section, “contract action” includes both FAR and non-FAR procurements and related actions, including modifications and procurement actions that are not contracts per se, such as blanket purchase agreements (BPAs); and “simplified acquisition threshold” (SAT) means the threshold amount stated in its definition in FAR Subpart 2.1, without adjustment for special circumstances.

(c)(1) Contracting activities shall, at a minimum, require legal review for all contract actions that require review and/or approval by the HCA or CCO; review will include but not be limited to the following preaward documents:

(i) Solicitation packages, including solicitation documents (e.g., RFP, RFQ) with SOW/PWS/SOO, acquisition plans, source selection plans, justifications and approvals/limited source justifications, required determinations and findings, and related documents; and

(ii) Negotiation and preaward documents for best value awards, including competitive range determinations and award documentation (e.g., price negotiation memorandum and source selection decision document).

(2) In addition, contracting activities shall require legal review for all postaward contract administration actions that require review and/or approval by the HCA or CCO, including option exercises and funding and other modifications, but excluding administrative modifications not requiring the exercise of discretion by the contracting officer.

(d) Contracting offices under the DLA Acquisition contracting activity shall ensure that legal review is accomplished on all contract actions and supporting documents (such as required determinations and findings) with an estimated value over the following thresholds.

(1) DLA Contracting Services Office - $500,000;

(2) DLA Disposition Services - $700,000;

(3) DLA Document Services - SAT

(4) DLA Distribution - $1 million;

(5) DLA Strategic Materials - $700,000.

(e) For all procuring organizations, legal review is required for all acquisition matters listed below. When legal review is required by or conducted in accordance with another section of the FAR/DFARS/DLAD, the requirements of that section will govern. Legal review will be conducted for all listed actions that are not subject to legal review in accordance with another section of the FAR/DFARS/DLAD. Legal review is not required for routine issuance of task or delivery orders against existing DLA contracts, contracts developed by another agency in conjunction with DLA (e.g., Department of Veterans Affairs medical/pharmaceutical contracts), or for administrative modifications not requiring the exercise of discretion by the contracting officer.

(1) Letter contracts and other undefinitized contract actions (see Subpart 17.74);

(2) Justifications and approvals/limited source justifications/brand name justifications for procurements valued over the SAT;

(3) Solicitation and award of non-firm-fixed price and non-fixed price with EPA type contracts/orders valued over the SAT;

(4) Bundling and/or consolidation memoranda;

(5) Procurements valued over the SAT using non-DOD contracts (direct or assisted);6) Requests from non-DLA activities and agencies for contracting support or by other countries for Acquisition and Cross-Servicing Agreement (ACSA) or Fuel Support Agreement support;

(7) Procurement fiscal issues (for example, type and year of funding, incremental funding);

(8) Revisions or additions to procurement policy;

(9) Equipment or vehicle leases valued over the SAT;

(10) Research and development procurements and broad agency announcements valued over the SAT;

(11) Conflict of interest issues and determinations;

(12) Requests for equitable adjustment valued over the SAT and contracting officer final decisions;

(13) Claims, disputes, and protests;

(14) Ratifications valued over the SAT and all Quantum Meruit Claims;

(15) Cure/show cause notices in procurements valued over the SAT;

(16) Terminations for default/cause or convenience (not applicable to unilateral purchase orders);

(17) Mistake in bid/offer type issues;

(18) Multi-year contract determinations (see FAR Subpart 17.1);

(19) Waivers of certified cost or pricing data requirements;

(20) Cost Accounting Standards issues to include waivers;

(21) Cost allowability/reasonableness/allocability determinations;

(22) Advance payments and contract financing (see FAR Subparts 32.1 through 32.5, and 32.10);

(23) Novation and change of name agreements;

(24) Bankruptcy related issues;

(25) Buy American Act, Balance of Payments Program, and/or Trade Agreements Act waivers;

(26) No-cost contracts; and

(27) Requests for extraordinary contract relief (see FAR Part 50).

(f) Procuring organizations shall promptly refer matters for legal review. All acquisition matters referred for legal review shall be accompanied by a complete file with supporting material as appropriate (hardcopy or digital) or with a link to the relevant contract documents if maintained on a networked system to which the legal office has access. Procuring organizations should consider and include the anticipated time for legal review in acquisition planning timelines. If a procuring organization is contacted by a non-government attorney, the activity or office will immediately notify Office of Counsel.

(g) This policy shall not be further supplemented without the approval of the DLA Acquisition Director in consultation with the DLA General Counsel. Procuring organizations may submit a request for exception to a specific part of the policy in this section to the DLA Acquisition Director, who will determine whether to grant an exception in consultation with the DLA General Counsel. Requests for exception shall be coordinated with the Office of Counsel and shall include a detailed and complete rationale for the exception.

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