Government Contracting - DFARS Part 207 - Acquisition Planning - Win Federal Contracts
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Government Contracting - DFARS Part 207 - Acquisition Planning - Win Federal Contracts
- 1. DFARS - 2021 Defense Federal Acquisition Regulation Supplement Complimentary Webinar Series JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
- 2. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com About The Series - Complimentary Webinar Series - Every Wednesday at 12pm EST - Recorded and posted on our website and YouTube Channel - Speakers are attorneys, consultants, subject matter experts in defense contracting
- 3. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com The National Veteran Small Business Coalition (NVSBC) is the largest non-profit trade association in the country representing veteran and service-disabled veteran-owned small business in the federal marketplace as prime and subcontractors. NVSBC provides networking, match-making, coaching, and training opportunities for members. Please visit: www.nvsbc.org
- 4. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com Full training calendar: virginiaptac.org & useful links Register for free counseling: https://virginiaptac.org/services/counseling/ Your “one stop” shop for Government Contracting assistance Reach us at ptac@gmu.edu or 703-277-7750 This procurement technical assistance center is funded in part through a cooperative agreement with the Defense Logistics Agency.
- 5. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
- 6. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
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- 8. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com *Register Here* https://na.eventscloud.com/ereg/newreg.php ?eventid=602896&reference=jsenl&utm_sour ce=Jennifer%20Schaus%20enewsletter&utm_ medium=newsletter&utm_campaign=WT%20 JSchaus
- 9. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com Title Date Registration Link Partner GSA Schedule: What’s In It For You? (Virtual) February 24, 2021 9:30am - 11:30am https://attendee.gotowebin ar.com/rt/68560953272137 52332 GSA Schedule: Procurement Training (Virtual) March 16, 2021 10:00am - 12:00pm https://clients.virginiasbdc.o rg/workshop.aspx?ekey=14 0410024 GSA Schedule: What’s In It For You? (Virtual) May 25, 2021 10:00am - 12:00pm https://attendee.gotowebin ar.com/rt/41951342514843 26668 Marketing and Messaging For Federal Contractors (Virtual) July 01, 2021 4:00pm – 6:00pm Coming soon! GSA Schedule: What’s In It For You? (Virtual) July 08, 2021 12:30pm - 2:0pm https://attendee.gotowebin ar.com/rt/19046459221525 46572
- 10. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com About Us - Professional services for federal contractors - Market Analysis - Proposal Writing / Pricing - Contract Compliance & Administration
- 11. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com Advertise In Our Newsletter: Reach 23,000+ Subscribers! Includes Government & Government Contractors Hello@JenniferSchaus.com
- 12. Hot Topics In Government Contracting Virtual Conference – Thursday, MAR 04 (8am-11:30am) AGENDA Session 1 – CMMC – Where Are We Now? Session 2 – Strategically Using the SBA’s Mentor-Protege Program Session 3 – Competitive vs Profitable Pricing – Can You Have It All Session 4 – NDAA, EO’s & Federal Contracting Opportunities In The Biden Administration Session 5 – Back to Business – PPP Eligibility and Forgiveness in 2021
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- 14. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com About Our Speaker Alan Apple Ward & Berry PLLC alan@wardberry.com (512) 962-9955
- 15. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 Acquisition Planning Wednesday, 17 February 2021
- 16. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 Chapter 53: Air Force FAR Supplement (AFFARS) Chapter 52: Navy Marine Corps Acquisition Regulation Supplement (NMCARS) Chapter 51: Army FAR Supplement (AFARS)
- 17. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 FAR 7.102- POLICY (a) Agencies shall perform acquisition planning and conduct market research for all acquisitions in order to promote and provide for- (1) Acquisition of commercial items (2) Full and open competition (3) Selection of appropriate contract type (4) Appropriate consideration of the use of pre-existing contracts, including interagency and intra-agency contracts, to fulfill the requirement, before awarding new contracts.
- 18. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 (b) This planning shall integrate the efforts of all personnel responsible for significant aspects of the acquisition. The purpose of this planning is to ensure that the Government meets its needs in the most effective, economical, and timely manner.
- 19. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 FAR PART 7- ACQUISITION PLANNING SUBPART 7.1 — ACQUISITION PLANS SUBPART 7.2 — PLANNING FOR THE PURCHASE OF SUPPLIES IN ECONOMIC QUANTITIES SUBPART 7.3 — CONTRACTOR VERSUS GOVERNMENT PERFORMANCE SUBPART 7.4 — EQUIPMENT LEASE OR PURCHASE SUBPART 7.5 — INHERENTLY GOVERNMENTAL FUNCTIONS
- 20. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 DFARS PART 207- ACQUISITION PLANNING SUBPART 207.1 —ACQUISITION PLANS SUBPART 207.3 —CONTRACTOR VERSUS GOVERNMENT PERFORMANCE SUBPART 207.4 —EQUIPMENT LEASE OR PURCHASE SUBPART 207.5 —INHERENTLY GOVERNMENTAL FUNCTIONS SUBPART 207.70 —BUY-TO-BUDGET – ADDITIONAL QUANTITIES OF END ITEMS
- 21. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 207.103 AGENCY-HEAD RESPONSIBILTIES Prepare written acquisition plans for— • (A) Acquisitions for development, as defined in FAR 35.001, when the total cost of all contracts for the acquisition program is estimated at $10 million or more; • (B) Acquisitions for production or services when the total cost of all contracts for the acquisition program is estimated at $50 million or more for all years or $25 million or more for any fiscal year; and • (C) Any other acquisition considered appropriate by the department or agency.
- 22. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 FAR 7.105 CONTENTS OF WRITTEN ACQUISITION PLANS • the plan must identify those milestones at which decisions should be made • The plan must address all the technical, business, management, and other significant considerations that will control the acquisition. • The specific content of plans will vary, depending on the nature, circumstances, and stage of the acquisition. • Two major sections: Acquisition Background and Objectives and Plan of Action
- 23. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 PGI 207.105- CONTENTS OF WRITTEN ACQUISITION PLANS Acquisition Background and Objectives • Statement of Need • Lifecycle Cost • Acquisition Streamlining Plan of action • Competition • Acquisition Considerations • Budgeting and funding • Product or service descriptions • Logistic s Consideration • Environmental and energy conservation • Other Considerations
- 24. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 SUBPART 207.3 —CONTRACTOR VERSUS GOVERNMENT PERFORMANCE 207.302 Policy. See PGI 207.302 for information on the Governmentwide moratorium and restrictions on public- private competitions conducted pursuant to Office of Management and Budget (OMB) Circular A- 76. PGI 207.302 Policy. See the memorandum from Assistant Secretary of Defense (Manpower and Reserve Affairs) dated April 21, 2016, entitled “Update on OMB Circular A-76 Public-Private Competition Prohibitions-FY 2016,” regarding the ongoing Governmentwide moratorium and restrictions on public-private competitions. • The restrictions prohibit the conversion of any work currently performed (or designated for performance) by civilian personnel to contract performance.
- 25. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 SUBPART 207.4 —EQUIPMENT LEASE OR PURCHASE 207.401 Acquisition considerations. If the equipment will be leased for more than 60 days, the requiring activity must prepare and provide the contracting officer with the justification supporting the decision to lease or purchase. • Requires authorization of certain contracts relating to vessels, aircraft, and combat vehicles • Limitation on contracts with terms of 18 months or more • Leasing commercial vehicles and associated equipment 207.471 Funding requirements • Procurement funds for capital leases (essentially installment purchases of property).
- 26. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 FAR 2.101- Definitions Inherently governmental function means, as a matter of policy, a function that is so intimately related to the public interest as to mandate performance by Government employees. This definition is a policy determination, not a legal determination. An inherently governmental function includes activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government. Governmental functions normally fall into two categories: the act of governing, i.e., the discretionary exercise of Government authority, and monetary transactions and entitlements. SUBPART 207.5 —INHERENTLY GOVERNMENTAL FUNCTIONS
- 27. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 Inherently Governmental Continued: (1) An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as to- (i) Bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; (ii) Determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; (iii) Significantly affect the life, liberty, or property of private persons; (iv) Commission, appoint, direct, or control officers or employees of the United States; or (v) Exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of Federal funds.
- 28. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 SUBPART 207.5 —INHERENTLY GOVERNMENTAL FUNCTIONS 207.503 Policy. (e) The written determination required by FAR 7.503(e), that none of the functions to be performed by contract are inherently governmental— Exceptions: (i) The contracting officer determines that appropriate military or civilian DoD personnel— (A) Cannot reasonably be made available to perform the functions; (B) Will oversee contractor performance of the contract; and (C) Will perform all inherently governmental functions associated with the functions to be performed under the contract; and (ii) The contracting officer ensures that the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract (see FAR Subpart 9.5).
- 29. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 SUBPART 207.70- BUY-TO-BUDGET-ADDITIONAL QUANTIITES OF END ITEMS 207.7002 Authority to acquire additional quantities of end items 10 U.S.C. 2308 authorizes DoD to use funds available for the acquisition of an end item to acquire a higher quantity of the end item than the quantity specified in a law providing for the funding of that acquisition, if the head of an agency determines that— (a) The agency has an established requirement for the end item that is expected to remain substantially unchanged throughout the period of the acquisition; (b) It is possible to acquire the higher quantity of the end item without additional funding because of production efficiencies or other cost reductions; (c) The amount of funds used for the acquisition of the higher quantity of the end item will not exceed the amount provided under that law for the acquisition of the end item; and (d) The amount provided under that law for the acquisition of the end item is sufficient to ensure that each unit of the end item acquired within the higher quantity is fully funded as a complete end item.
- 30. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com THANK YOU To Our Speaker Alan Apple Ward & Berry PLLC alan@wardberry.com (512) 962-9955
- 31. Thank You For Attending! DFARS - 2021 Defense Federal Acquisition Regulation Supplement Complimentary Webinar Series JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
Hinweis der Redaktion
- FAR 7.102 Policy. (a) Agencies shall perform acquisition planning and conduct market research (see part 10) for all acquisitions in order to promote and provide for- (1) Acquisition of commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items, to the maximum extent practicable (10 U.S.C. 2377 and 41 U.S.C. 3307); and (2) Full and open competition (see part 6) or, when full and open competition is not required in accordance with part 6, to obtain competition to the maximum extent practicable, with due regard to the nature of the supplies or services to be acquired (10 U.S.C.2305(a)(1)(A) and 41 U.S.C. 3306a)(1)). (3) Selection of appropriate contract type in accordance with part 16; and (4) Appropriate consideration of the use of pre-existing contracts, including interagency and intra-agency contracts, to fulfill the requirement, before awarding new contracts. (See 8.002 through 8.004 and subpart 17.5).
- When should it begin? As early as possible. When need is identified.
- Is the acquisition plan written? 207.103 Agency-head responsibilities. (d)(i) Prepare written acquisition plans for— (A) Acquisitions for development, as defined in FAR 35.001, when the total cost of all contracts for the acquisition program is estimated at $10 million or more; (B) Acquisitions for production or services when the total cost of all contracts for the acquisition program is estimated at $50 million or more for all years or $25 million or more for any fiscal year; and (C) Any other acquisition considered appropriate by the department or agency. (ii) Written plans are not required in acquisitions for a final buy out or one-time buy. The terms "final buy out" and "one-time buy" refer to a single contract that covers all known present and future requirements. This exception does not apply to a multiyear contract or a contract with options or phases. (e) Prepare written acquisition plans for acquisition programs meeting the thresholds of paragraphs (d)(i)(A) and (B) of this section on a program basis. Other acquisition plans may be written on either a program or an individual contract basis. (g) The program manager, or other official responsible for the program, has overall responsibility for acquisition planning.
- 7.105 Contents of written acquisition plans. In order to facilitate attainment of the acquisition objectives, the plan must identify those milestones at which decisions should be made (see paragraph (b)(21) of this section). The plan must address all the technical, business, management, and other significant considerations that will control the acquisition. The specific content of plans will vary, depending on the nature, circumstances, and stage of the acquisition. In preparing the plan, the planner must follow the applicable instructions in paragraphs (a) and (b) of this section, together with the agency’s implementing procedures. Acquisition plans for service contracts or orders must describe the strategies for implementing performance-based acquisition methods or must provide rationale for not using those methods (see subpart 37.6). (a) Acquisition background and objectives- (1) Statement of need. Introduce the plan by a brief statement of need. Summarize the technical and contractual history of the acquisition. Discuss feasible acquisition alternatives, the impact of prior acquisitions on those alternatives, and any related in-house effort. (2) Applicable conditions. State all significant conditions affecting the acquisition, such as- (i) Requirements for compatibility with existing or future systems or programs; and (ii) Any known cost, schedule, and capability or performance constraints. (3) Cost. Set forth the established cost goals for the acquisition and the rationale supporting them, and discuss related cost concepts to be employed, including, as appropriate, the following items: (i) Life-cycle cost. Discuss how life-cycle cost will be considered. If it is not used, explain why. If appropriate, discuss the cost model used to develop life-cycle-cost estimates. (ii) Design-to-cost. Describe the design-to-cost objective(s) and underlying assumptions, including the rationale for quantity, learning-curve, and economic adjustment factors. Describe how objectives are to be applied, tracked, and enforced. Indicate specific related solicitation and contractual requirements to be imposed. (iii) Application of should-cost. Describe the application of should-cost analysis to the acquisition (see 15.407-4). (4) Capability or performance. Specify the required capabilities or performance characteristics of the supplies or the performance standards of the services being acquired and state how they are related to the need. (5) Delivery or performance-period requirements. Describe the basis for establishing delivery or performance-period requirements (see subpart 11.4). Explain and provide reasons for any urgency if it results in concurrency of development and production or constitutes justification for not providing for full and open competition. (6) Trade-offs. Discuss the expected consequences of trade-offs among the various cost, capability or performance, and schedule goals. (7) Risks. Discuss technical, cost, and schedule risks and describe what efforts are planned or underway to reduce risk and the consequences of failure to achieve goals. If concurrency of development and production is planned, discuss its effects on cost and schedule risks. (8) Acquisition streamlining. If specifically designated by the requiring agency as a program subject to acquisition streamlining, discuss plans and procedures to- (i) Encourage industry participation by using draft solicitations, presolicitation conferences, and other means of stimulating industry involvement during design and development in recommending the most appropriate application and tailoring of contract requirements; (ii) Select and tailor only the necessary and cost-effective requirements; and (iii) State the timeframe for identifying which of those specifications and standards, originally provided for guidance only, shall become mandatory. (b) Plan of action— (1) Sources. (i) Indicate the prospective sources of supplies or services that can meet the need. (ii) Consider required sources of supplies or services (see part 8) and sources identifiable through databases including the Governmentwide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.contractdirectory.gov/contractdirectory/. (iii) Include consideration of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns (see part 19). (iv) Consider the impact of any consolidation or bundling that might affect participation of small businesses in the acquisition (see 7.107) (15 U.S.C. 644(e) and 15 U.S.C. 657q). When the proposed acquisition strategy involves bundling, identify the incumbent contractors and contracts affected by the bundling. (v) Address the extent and results of the market research and indicate their impact on the various elements of the plan (see part 10). (2) Competition. (i) Describe how competition will be sought, promoted, and sustained throughout the course of the acquisition. If full and open competition is not contemplated, cite the authority in 6.302, discuss the basis for the application of that authority, identify the source(s), and discuss why full and open competition cannot be obtained. (ii) Identify the major components or subsystems. Discuss component breakout plans relative to these major components or subsystems. Describe how competition will be sought, promoted, and sustained for these components or subsystems. (iii) Describe how competition will be sought, promoted, and sustained for spares and repair parts. Identify the key logistic milestones, such as technical data delivery schedules and acquisition method coding conferences, that affect competition. (iv) When effective subcontract competition is both feasible and desirable, describe how such subcontract competition will be sought, promoted, and sustained throughout the course of the acquisition. Identify any known barriers to increasing subcontract competition and address how to overcome them. (3) Contract type selection. Discuss the rationale for the selection of contract type. For other than firm-fixed-price contracts, see 16.103(d) for additional documentation guidance. Acquisition personnel shall document the acquisition plan with findings that detail the particular facts and circumstances, (e.g., complexity of the requirements, uncertain duration of the work, contractor’s technical capability and financial responsibility, or adequacy of the contractor’s accounting system), and associated reasoning essential to support the contract type selection. The contracting officer shall ensure that requirements and technical personnel provide the necessary documentation to support the contract type selection. (4) Source-selection procedures. Discuss the source selection procedures for the acquisition, including the timing for submission and evaluation of proposals, and the relationship of evaluation factors to the attainment of the acquisition objectives (see subpart 15.3). When an EVMS is required (see FAR 34.202(a)) and a pre-award IBR is contemplated, the acquisition plan must discuss- (i) How the pre-award IBR will be considered in the source selection decision; (ii) How it will be conducted in the source selection process (see FAR 15.306); and (iii) Whether offerors will be directly compensated for the costs of participating in a pre-award IBR. (5) Acquisition considerations. (i) For each contract contemplated, discuss use of multiyear contracting, options, or other special contracting methods (see part 17); any special clauses, special solicitation provisions, or FAR deviations required (see subpart 1.4); whether sealed bidding or negotiation will be used and why; whether equipment will be acquired by lease or purchase (see subpart 7.4) and why; and any other contracting considerations. Provide rationale if a performance-based acquisition will not be used or if a performance-based acquisition for services is contemplated on other than a firm-fixed-price basis (see 37.102(a), 16.103(d), and 16.505(a)(3)). (ii) For each order contemplated, discuss- (A) For information technology acquisitions, how the capital planning and investment control requirements of 40 U.S.C. 11312 and OMB Circular A-130 will be met (see 7.103(v) and part 39); and (B) Why this action benefits the Government, such as when- (1) The agency can accomplish its mission more efficiently and effectively (e.g., take advantage of the servicing agency’s specialized expertise; or gain access to contractors with needed expertise); or (2) Ordering through an indefinite delivery contract facilitates access to small business concerns, including small disadvantaged business concerns, 8(a) contractors, women-owned small business concerns, HUBZone small business concerns, veteran-owned small business concerns, or service-disabled veteran-owned small business concerns. (iii) For information technology acquisitions using Internet Protocol, discuss whether the requirements documents include the Internet Protocol compliance requirements specified in 11.002(g) or a waiver of these requirements has been granted by the agency’s Chief Information Officer. (iv) For each contract (and order) contemplated, discuss the strategy to transition to firm-fixed-price contracts to the maximum extent practicable. During the requirements development stage, consider structuring the contract requirements, i.e., line items, in a manner that will permit some, if not all, of the requirements to be awarded on a firm-fixed-price basis, either in the current contract, future option years, or follow-on contracts. This will facilitate an easier transition to a firm-fixed-price contract, because a cost history will be developed for a recurring definitive requirement. (6) Budgeting and funding. Include budget estimates, explain how they were derived, and discuss the schedule for obtaining adequate funds at the time they are required (see subpart 32.7). (7) Product or service descriptions. Explain the choice of product or service description types (including performance-based acquisition descriptions) to be used in the acquisition. (8) Priorities, allocations, and allotments. When urgency of the requirement dictates a particularly short delivery or performance schedule, certain priorities may apply. If so, specify the method for obtaining and using priorities, allocations, and allotments, and the reasons for them (see subpart 11.6). (9) Contractor versus Government performance. Address the consideration given to OMB CircularNo.A-76 (see subpart 7.3). (10) Inherently governmental functions. Address the consideration given to subpart 7.5. (11) Management information requirements. Discuss, as appropriate, what management system will be used by the Government to monitor the contractor’s effort. If an Earned Value Management System is to be used, discuss the methodology the Government will employ to analyze and use the earned value data to assess and monitor contract performance. In addition, discuss how the offeror’s/contractor’s EVMS will be verified for compliance with the Electronic Industries Alliance Standard 748 (EIA-748), Earned Value Management Systems, and the timing and conduct of integrated baseline reviews (whether prior to or post award). (See 34.202.) (12) Make or buy. Discuss any consideration given to make-or-buy programs (see 15.407-2). (13) Test and evaluation. To the extent applicable, describe the test program of the contractor and the Government. Describe the test program for each major phase of a major system acquisition. If concurrency is planned, discuss the extent of testing to be accomplished before production release. (14) Logistics considerations. Describe- (i) The assumptions determining contractor or agency support, both initially and over the life of the acquisition, including consideration of contractor or agency maintenance and servicing (see subpart 7.3), support for contracts to be performed in a designated operational area or supporting a diplomatic or consular mission (see 25.301-3); and distribution of commercial items; (ii) The reliability, maintainability, and quality assurance requirements, including any planned use of warranties (see part 46); (iii) The requirements for contractor data (including repurchase data) and data rights, their estimated cost, and the use to be made of the data (see part 27); and (iv) Standardization concepts, including the necessity to designate, in accordance with agency procedures, technical equipment as "standard" so that future purchases of the equipment can be made from the same manufacturing source. (15) Government-furnished property. Indicate any Government property to be furnished to contractors, and discuss any associated considerations, such as its availability or the schedule for its acquisition (see 45.102). (16) Government-furnished information. Discuss any Government information, such as manuals, drawings, and test data, to be provided to prospective offerors and contractors. Indicate which information that requires additional controls to monitor access and distribution (e.g., technical specifications, maps, building designs, schedules, etc.), as determined by the agency, is to be posted via the enhanced controls of the GPE at https://www.fbo.gov (see 5.102(a)). (17) Environmental and energy conservation objectives. Discuss all applicable environmental and energy conservation objectives associated with the acquisition (see part 23), the applicability of an environmental assessment or environmental impact statement (see 40 CFR 1502), the proposed resolution of environmental issues, and any environmentally-related requirements to be included in solicitations and contracts (see 11.002 and 11.303). (18) Security considerations. (i) For acquisitions dealing with classified matters, discuss how adequate security will be established, maintained, and monitored (see subpart 4.4). (ii) For information technology acquisitions, discuss how agency information security requirements will be met. (iii) For acquisitions requiring routine contractor physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system, discuss how agency requirements for personal identity verification of contractors will be met (see subpart 4.13). (iv) For acquisitions that may require Federal contract information to reside in or transit through contractor information systems, discuss compliance with subpart 4.19. (19) Contract administration. Describe how the contract will be administered. In contracts for services, include how inspection and acceptance corresponding to the work statement’s performance criteria will be enforced. In contracts for supplies or service contracts that include supplies, address whether higher-level quality standards are necessary (46.202) and whether the supplies to be acquired are critical items (46.101). (20) Other considerations. Discuss, as applicable: (i) Standardization concepts; (ii) The industrial readiness program; (iii) The Defense Production Act; (iv) The Occupational Safety and Health Act; (v) Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act) (see subpart 50.2); (vi) Foreign sales implications; (vii) Special requirements for contracts to be performed in a designated operational area or supporting a diplomatic or consular mission; and (viii) Any other matters germane to the plan not covered elsewhere. (21) Milestones for the acquisition cycle. Address the following steps and any others appropriate: Acquisition plan approval. Statement of work. Specifications. Data requirements. Completion of acquisition-package preparation. Purchase request. Justification and approval for other than full and open competition where applicable and/or any required D&F approval. Issuance of synopsis. Issuance of solicitation. Evaluation of proposals, audits, and field reports. Beginning and completion of negotiations. Contract preparation, review, and clearance. Contract award. (22) Identification of participants in acquisition plan preparation. List the individuals who participated in preparing the acquisition plan, giving contact information for each.
- PGI – Procedures Guidance Information Acquisition background and objectives- (1) Statement of need. Introduce the plan by a brief statement of need. Summarize the technical and contractual history of the acquisition. Discuss feasible acquisition alternatives, the impact of prior acquisitions on those alternatives, and any related in-house effort. (2) Applicable conditions. State (3) Cost. (4) Capability or performance. Specify the required capabilities or performance characteristics of the supplies or the performance standards of the services being acquired and state how they are related to the need. (5) Delivery or performance-period requirements. (6) Trade-offs. Discuss the expected consequences of trade-offs among the various cost, capability or performance, and schedule goals. (7) Risks. (8) Acquisition streamlining. Plan of action Sources Competition Contract type selection Source-selection procedures Acquisition considerations (multiyear contracting, options, methods, special clauses, method etc. Budgeting funding Product or service descriptions Priorities, allocations, and allotments Contractor versus Government performance Inherently governmental functions Management information requirements Make or buy Test and evaluation Logistics considerations Government-furnished property Government-furnished information Environmental and energy conservation Security considerations Contract administrations Other considerations Milestones of the acquisition cycle Identification of participants in the acquisition plan preparation
- 207.470 Statutory requirements. (a) Requirement for authorization of certain contracts relating to vessels, aircraft, and combat vehicles. The contracting officer shall not enter into any contract for the lease or charter of any vessel, aircraft, or combat vehicle, or any contract for services that would require the use of the contractor’s vessel, aircraft, or combat vehicle, unless the Secretary of the military department concerned has satisfied the requirements of 10 U.S.C. 2401, when— (1) The contract will be a long-term lease or charter as defined in 10 U.S.C. 2401(d)(1); or (2) The terms of the contract provide for a substantial termination liability as defined in 10 U.S.C. 2401(d)(2). Also see PGI 207.470 . (b) Limitation on contracts with terms of 18 months or more. As required by 10 U.S.C. 2401a, the contracting officer shall not enter into any contract for any vessel, aircraft, or vehicle, through a lease, charter, or similar agreement with a term of 18 months or more, or extend or renew any such contract for a term of 18 months or more, unless the head of the contracting activity has— (1) Considered all costs of such a contract (including estimated termination liability); and (2) Determined in writing that the contract is in the best interest of the Government. (c) Leasing of commercial vehicles and associated equipment. Except as provided in paragraphs (a) and (b) of this section, the contracting officer may use leasing in the acquisition of commercial vehicles and associated equipment whenever the contracting officer determines that leasing of such vehicles is practicable and efficient (10 U.S.C. 2401a). 207.471 Funding requirements. (a) Fund leases in accordance with DoD Financial Management Regulation (FMR) 7000.14-R, Volume 2A, Chapter 1. (b) DoD leases are either capital leases or operating leases. See FMR 7000.14-R, Volume 4, Chapter 6, Section 060206. (c) Use procurement funds for capital leases, as these are essentially installment purchases of property.
- Inherently governmental function means, as a matter of policy, a function that is so intimately related to the public interest as to mandate performance by Government employees. This definition is a policy determination, not a legal determination. An inherently governmental function includes activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government. Governmental functions normally fall into two categories: the act of governing, i.e., the discretionary exercise of Government authority, and monetary transactions and entitlements. (1) An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as to- (i) Bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; (ii) Determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; (iii) Significantly affect the life, liberty, or property of private persons; (iv) Commission, appoint, direct, or control officers or employees of the United States; or (v) Exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of Federal funds. (2) Inherently governmental functions do not normally include gathering information for or providing advice, opinions, recommendations, or ideas to Government officials. They also do not include functions that are primarily ministerial and internal in nature, such as building security, mail operations, operation of cafeterias, housekeeping, facilities operations and maintenance, warehouse operations, motor vehicle fleet management operations, or other routine electrical or mechanical services.
- (2) Inherently governmental functions do not normally include gathering information for or providing advice, opinions, recommendations, or ideas to Government officials. They also do not include functions that are primarily ministerial and internal in nature, such as building security, mail operations, operation of cafeterias, housekeeping, facilities operations and maintenance, warehouse operations, motor vehicle fleet management operations, or other routine electrical or mechanical services.
- SUBPART 207.5 —INHERENTLY GOVERNMENTAL FUNCTIONS 207.500 Scope of subpart. This subpart also implements 10 U.S.C. 2383. 207.503 Policy. (e) The written determination required by FAR 7.503(e), that none of the functions to be performed by contract are inherently governmental— (i) Shall be prepared using DoD Instruction 1100.22, Guidance for Determining Workforce Mix; and (ii) Shall include a determination that none of the functions to be performed are exempt from private sector performance, as addressed in DoD Instruction 1100.22. (S-70) Contracts for acquisition functions. (1) In accordance with 10 U.S.C. 2383, the head of an agency may enter into a contract for performance of the acquisition functions closely associated with inherently governmental functions that are listed at FAR 7.503(d) only if— (i) The contracting officer determines that appropriate military or civilian DoD personnel— (A) Cannot reasonably be made available to perform the functions; (B) Will oversee contractor performance of the contract; and (C) Will perform all inherently governmental functions associated with the functions to be performed under the contract; and (ii) The contracting officer ensures that the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract (see FAR Subpart 9.5). (2) See related information at PGI 207.503 (S-70).
- 207.7003 Limitation. For noncompetitive acquisitions, the acquisition of additional quantities is limited to not more than 10 percent of the quantity approved in the justification and approval prepared in accordance with FAR Part 6 for the acquisition of the end item.