SUBPART 5801.1 – PURPOSE, AUTHORITY, and ISSUANCE
5801.101 Purpose
The Defense Information Systems Agency (DISA) Acquisition Regulation Supplement (DARS) establishes uniform DISA policies implementing and supplementing the Federal Acquisition Regulation (FAR), the Defense FAR Supplement (DFARS), Title 10 of the United States Code and other statutory authority, and applicable Department of Defense (DoD) directives and instructions. The DARS is not a “stand alone” document and must be read in conjunction with the preceding guidance.
5801.104 Applicability
The DARS applies to all acquisitions processed or managed by DISA, except where expressly excluded. Policies/procedures of non-DISA mission partners are acceptable as long as they comply with applicable laws and regulations. For example: Requirements office generated documents (e.g., acquisition plans, justifications and approvals) need not be in the DISA format, contain DISA supplemental information, etc.
DARS acquisition and procurement process oversight policies are not applicable to external mission partners.
5801.105-3 Copies
Copies of the DARS and associated acquisition policies and procedures are available electronically via the DISA Acquisition Policy and Guidance web site: https://www.ditco.disa.mil/Hq/AqInfo
5801.108 FAR Conventions
(b) Delegations of certain common procurement authorities are identified throughout the DARS. All delegations of authority can be found in DARS Appendix A, Approval and Delegation Matrix. The DISA level of authority identified in the matrix is the lowest level of delegation.
5801.170 Peer Reviews
(a) DOD Peer Reviews.
(1)(i) Preaward peer reviews for competitive procurements. Per Class Deviation 2021-O00107 , Defense Pricing and Contracting (DPC) will conduct preaward peer reviews for competitive procurements with an estimated value of $1 billion or more for all procurements under major defense acquisition programs for which the Under Secretary of Defense for Acquisition and Sustainment (USD(A&S)) is the milestone decision authority. Additionally, preaward peer reviews of competitive procurements will be conducted for procurements designated by USD(A&S) as requiring a peer review, regardless of value. DPC-led peer reviews may be requested for acquisitions valued below the $1 billion threshold and will be conducted upon approval by the Director, Contract Policy. DoD policy for peer reviews was established by the memorandum “Peer Reviews of Contracts for Supplies and Services,” dated September 29, 2008, available at https://www.acq.osd.mil/dpap/policy/policyvault/USA000820-08-DPAP.pdf .
(ii) Preaward peer reviews for noncompetitive procurements. Per Class Deviation 2021-O0007, Preaward Peer Reviews will be conducted for DISA noncompetitive procurements valued at $1 billion or more or for any other contract action designated by the USD(A&S) as requiring a peer review, regardless of value. DPC-led peer reviews may be requested for contract actions valued below the $1 billion threshold and will be conducted upon approval by the Director, Price, Cost and Finance.
(iii) Postaward peer reviews for acquisition of services valued at $1 billion or more. Per Class Deviation 2021-O0007, DPC will not conduct postaward peer reviews for acquisitions of services with a total estimated value greater than $1 billion as required by DFARS 201.170(a)(1)(iii).
(b) Component (DISA) peer reviews (if a DPC Peer Review is not conducted).
(1) Preaward peer reviews for competitive procurements valued at $500 million or more and noncompetitive procurements valued at $500 million or more but less than $1 billion. The DISA Contracting Peer Review/Independent Management Review Program establishes policy and procedures for conducting peer reviews of all solicitations with a total estimated contract value (including options) of $500 million or more.
(2) Preaward peer reviews for procurements valued below $500 million. CoCOs are encouraged to request inter-DITCO and intra-DITCO pre-solicitation peer reviews below $500M. Inter-DITCO peer reviews will be managed by PS22. Intra-DITCO peer reviews will be managed by the respective CoCO and results will be provided to PS22 (for tracking the conduct of the review and trends).
(3) Postaward peer reviews of all contracts for services valued at less than $1 billion.
(S-90) Independent management reviews for contracts for services valued at $500 million or more. The DISA Contracting Peer Review/Independent Management Review Program establishes policy and procedures for conducting independent management reviews of all contracts for services with a total estimated contract value (including options) of $500 million or more in accordance with section 808 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
(1) Objective. The objective of the DISA Contracting Peer Review/Independent Management Review Program is to (1) ensure that contracting officer across the Procurement Services Directorate (PSD) are implementing law, policy and regulations in a consistent and accurate manner; (2) improve the quality of acquisition and contracting processes across DISA; and (3) share best practices and lessons learned. The findings and recommendations of the peer reviews/independent management reviews are advisory in nature, providing supplemental information to the contracting officer regarding acquisition strategy, contract structure, format, content, and compliance. The procedures are established in accordance with Class Deviation 2021-O0007 - Peer Reviews of Acquisitions for Supplies and Services dated June 25, 2021.
(i) Pre-award Peer Reviews of solicitations shall be conducted for procurements ($500M or above, but less than $1B) prior to issuance of the solicitation (pre-solicitation).
(ii) Independent Management Reviews of contracts for services shall be conducted at the following decision points:
(A) Mid-point of the initial (base) performance period if in excess of three years; and
(B) Prior to exercising the first option period of performance and every other option period thereafter (e.g., OP1, OP3, OP5).
All peer review/independent management review documentation shall be marked as “Source Selection Information – see FAR 2.101 and 3.104”.
Table 1-1 Peer Review/Independent Management Review Thresholds
Procurement Type | Dollar Threshold* | Reviewer |
Preaward Competitive | ≥$500M | DISA |
Preaward Competitive under major defense acquisition programs when USD(A&S) is MDA | ≥$1B | DPC |
Preaward Noncompetitive | ≥$1B | DPC |
Preaward Noncompetitive | ≥$500M to $1B | DISA |
Independent management reviews for contracts for services | ≥$500M | DISA |
*Note: See DARS 5801.170 for additional reviews that may be accomplished under these dollar thresholds.
(S-91) Peer Review Timelines/Procurement Action Lead Times (PALT). See DARS PGI.
(S-92) Waivers. If critical mission performance circumstances necessitate the request of a waiver, a “Request for Peer Review/Independent Management Review Waiver” can be found at https://dod365.sharepoint-mil.us/sites/disa-PL2/Other/Forms/AllItems.aspx?id=%2Fsites%2Fdisa%2DPL2%2FOther%2FPeer%20Review%20Procedures%20and%20Documents&viewid=723ed1cb%2D84a7%2D4619%2D971b%2D209a81bfe782.
(S-93) Procedures. See DARS PGI.