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DLAD

Change Number: 2024-0625
Effective Date: 06/25/2024

SUBPART 53.90 – FORMATS AND TEMPLATES

SUBPART 53.90 – FORMATS AND TEMPLATES

(Revised June 9, 2021 through PROCLTR 2021-11)

53.9001 Appointment of ordering officer.

(a) As prescribed in 1.603-3-91 (c)(2), use the following appointment letter for ordering officers:

Appointment of Ordering Officer

[Contracting officer insert IDC or BPA number and name of procuring organization]

1. Appointment. Under the authority of DLAD 1.603-3-91, you are hereby appointed as an Ordering Officer with authority as described in paragraph 2 below. Your appointment is effective on [ contracting officer insert date ]. This appointment automatically terminates when the Indefinite Delivery Contract (IDC) or Blanket Purchase Agreement (BPA) is completed. Your appointment may also be terminated in accordance with paragraph 4 below.

2. Authority, Limitations, and Requirements. Your ordering authority is only applicable to [ contracting officer insert IDC or BPA number ]. Your appointment is subject to the following limitations and requirements:

a. You are not authorized to—

(1) Delegate your ordering authority.

(2) Place an order for supplies or services not expressly within the scope of the IDC or BPA.

(3) Take any action that could be considered an alteration of the terms and conditions of the IDC or BPA in any way, either directly or by implication.

(4) Take any action that could be considered a termination of the IDC or BPA in any way, either directly or by implication.

(5) Issue modifications to the IDC, BPA, or individual orders.

(6) Issue instructions to the contractor to start or stop work.

(8) Additional limitations: [contracting officer insert if applicable].

b. You shall—

(1) Place orders for supplies or services only when expressly within the scope of the IDC or BPA.

(2) Promptly notify me if you recommend increasing the quantity or dollar value or extending the ordering period to meet emergency requirements, if the contract terms and conditions permit.

(3) Establish and maintain an official ordering officer file for each IDC and BPA for which you are authorized as an ordering officer. At a minimum, you shall include in each file the appointment letter and a spreadsheet listing all orders issued by you.

(4) Provide the list of orders to me by the [ contracting officer insert ] day of each month.

(5) Additional requirements: [contracting officer insert if applicable].

3. Standards of Conduct and Contracting Action Reporting Requirements.

a. You shall comply with the standards of conduct prescribed in DoD Directive 5500.07, Standards of Conduct, and DoD 5000.07-R, The Joint Ethics Regulation (JER), and FAR Subparts 3.1 and 3.2.

b. You shall provide me information required for contracting action reporting purposes in the manner and the time specified. (Refer to DFARS 204.6.)

4. Termination of Appointment.

a. Your appointment may be terminated at any time and shall be terminated in writing; except that your appointment is automatically terminated when the contract is completed or when you leave Government employment.

b. If you are separated from Government service while this appointment is in effect, you shall promptly notify me in writing. Your appointment shall automatically be terminated on the date you are separated from Government service.

c. If you are reassigned from your present position while this appointment is in effect, you shall promptly notify me in writing. I will terminate your appointment in writing if you are reassigned to a location or position that is inconsistent with continuing as an ordering officer under this appointment.

d. Your appointment will be terminated if—

(1) You exceed or fail to perform within the appointment authority.

(2) You fail to complete assigned corrective actions noted during oversight reviews.

5. Disposition of completed ordering officer files. Upon completion of the IDC or BPA, you shall provide me any hard copy records you maintained. If your appointment is terminated before IDC or BPA completion, you shall provide the records to me and your successor.

6. Acknowledgement of Receipt. You are required to acknowledge receipt and understanding of this appointment by signing below. Return a copy of the signed appointment letter to me.

53.9007 Acquisition planning.

(a) Template - Streamlined Acquisition Plan (SAP).

The following format may be used as prescribed in 7.103 Agency–head responsibilities. (d)(i)(B). This Streamlined Acquisition Plan (SAP) format is for illustration purposes only. It mirrors the fillable version in the contract writing system.

Source Selection Information -- See FAR 2.101 and 3.104

Streamlined Acquisition Plan (SAP)

(Complete and select the box that is appropriate for the acquisition situation)

Date:      

Contracting office:      Contracting officer name:      

Requiring activity:      Voice (DSN):      

Project title:      Fax (DSN):      

Supply criticality:      

Contracting officer’s e-mail address:      

Purchase request (PR) or control number:      

Construction Service Supply Research and development (R&D)

a. Product Service Code: (Specify for services)      

b. Services Portfolio Category: (Specify for services)      

I. Brief description of requirement (FAR 7.105(a)(1))

a. Government estimate: $       (include all options and surge values)

b. Period of performance       (include options)

c. Delivery schedule:      

II. Proposed acquisition approach

Extent of competition:

Full and open competition

Other than full and open competition* * FAR 6.3 authority (Specify):      

Full and open after exclusion of sources

Competitive non-DoD

Source Selection Information -- See FAR 2.101 and 3.104

Mandatory use policy, including waivers (e.g., under Part 8)

Limited sources (e.g. under Part 8.405-6):      

b. Small business set-aside: (See FAR Part 19)

Competitive small business set-aside (SBSA)

Competitive 8a Sole source 8a

Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside

SDVOSB sole source

Historically underutilized business zone (HubZone) Sole Source

HubZone set-aside

Small disadvantaged women owned business (SDWOB)

Economically disadvantaged women owned small business (EDWOSB)

Historically Black colleges and universities / minority institutions (HBCU/MI)

Not applicable (NA) (If acquisition is unrestricted)

Other (Specify):      

c. Procedures: (Check all that apply)

FAR 8.404 (GSA/Non-DoD Competitive) FAR 12 Commercial Items

FAR 13 Simplified Acquisition Procedures FAR 14 Sealed Bidding

FAR 15 Negotiation FAR 36 Construction and Architect and Engineer (A&E) and design build

d. Contracting method

Invitation for bid (IFB)

Competitive request for proposal (RFP)

Sole source RFP

Other (fill-in)

e.Basis of award:

Sealed bid – Part 14

Negotiation – Part 15

Lowest price technically acceptable

Performance price trade-off without technical factors/proposal

Performance price trade-off with technical factors/proposal

Full trade off source selection (an acquisition plan is highly recommended)

General Services Administration (GSA)/non-DoD competitive

Other (explain):      

Identify evaluation factors:      

Source Selection Information -- See FAR 2.101 and 3.104

f. Contract type (Check all that apply):

Fixed-price Time and material/labor hour agreements Economic price adjustment

Incentive Award fee Cost-reimbursement Redetermination

Indefinite delivery contract (IDC) Multiply Award

Single Award (Provide rationale why single award)      

Other (Specify):      

g. Sustainability:

Contains sustainability requirements.

Sustainability exception applies: (Specify)      

Sustainability requirements waived, approved by: (Specify)      

h. Other considerations (Check all that apply):

Progress payment Warranty First article test (FAT)

Government furnished property(GFP) / Government furnished material (GFM) / Government furnished equipment (GFE) involved

Other (specify). Other items/considerations may include, Non-Economy Act or Economy Act assisted acquisitions and use of reverse auction)      

III. Prior procurement history: (If applicable)

IV. Market research: (Discuss the purpose, nature, extent, involved personnel/offices and results/status, commerciality, and estimated completion date of any market research initiated/to be initiated in support of the instant purchase request or anticipated future requirements (see also FAR, DFARS, and DLAD Parts 10, 11)

V. Problems /risk/vulnerabilities (See FAR 7.105 and DFARS PGI 207.105)

VI. Projected key milestone dates:

Receive purchase request (PR):      

Issue solicitation:      

Receive bids/offers:      

Complete evaluations:      

Award contract:      

Contract start:      

Contracting Officer Name and SignatureDate

VII. Approvals:

Source Selection Information -- See FAR 2.101 and 3.104

**The following section is to be completed by reviewer/approving official.**

Reviewer’s name:       Reviewer’s DSN/ phone number:      

Reviewer’s e-mail:      

Streamlined acquisition plan (SAP) approved as submitted      

SAP conditionally approved subject to comments below

SAP disapproved (reviewers are required to include comments below)

Requirement has been reviewed and validated by (specify):      

Reviewer’s comments:      

Reviewer’s signature: ______________________

** The following section is to be completed by the small business specialist when required**

Small business specialist coordination _____________________________

Small business specialist's comments:      

** The following section is to be completed by the competition advocate when required**

Competition Advocate coordination _____________________________

Competition advocate’s comments:      

53.9013 Simplified acquisition procedures.

(a) Simplified Acquisition Award Documentation (SAAD).

Contracting officers at DLA Aviation, DLA Land and Maritime, and DLA Troop Support shall use the following format as prescribed in 13.106-3 Award and documentation. (b), 13.501 Special documentation requirements.(b) (3), and 15.406-1 Prenegotiation objectives.. (Mark “FOR OFFICIAL USE ONLY”, when applicable, at the bottom of the outside of the front cover (if there is one), the title page, the first page, and the outside of the back cover (if there is one) pursuant to DOD Manual 5200.1, Vol 4, Enclosure 3, 2.c.(3)(b).) This Simplified Acquisition Award Documentation (SAAD) format is for illustration purposes only. It mirrors the fillable version in the contract writing system.

Simplified Acquisition Award Documentation (SAAD)

The SAAD documents Best Value, Price Reasonableness, and Responsibility determinations for this procurement.

Particulars Regarding This Procurement:

Buyer:

PR#:

NSN (if applicable):

Item/Requirement Description:

Awardee CAGE Code:

Check all that apply and insert narrative when required:

☐ Procurement is a First Time Buy

☐ Commercial

☐ For non-competitive actions over $1M Contract Business Analysis Repository (CBAR) was checked IAW DLAD 15.404-1 Proposal analysis techniques.(a)(5)(S-90)

☐ Fast Pay (FAR 13.402(a)-(f))

☐ Special Emergency Procurement Authority (SEPA) Acquisition (FAR 18.001)

☐ Simplified Indefinite-Delivery Contract (SIDC). The contracting officer established a guaranteed minimum (GM) quantity or GM dollar value for the period of performance of the basic SIDC, recorded an obligation in the amount of the GM purchase requirement ($________) at time of award, and placed the EBS screen shot documenting the obligation in the contract file IAW DLAD 13.390(a)(2)(i).

Best Value Tradeoff Determination: Required when awarding to other than the lowest price/highest SPRS rating (or to other than the lowest price/highest scored when using FAR 13.5 or when other evaluation factors apply).

☐ Based on the evaluation factors stated within the solicitation, the proposed awardee’s quote is the best value for the Government as set forth in the narrative below.

Narrative:

CUI Designation Indicator

Controlled by: [Name of Procuring Organization]

Controlled by: [Name of Office or Branch]

CUI Category: PROCURE (General Procurement)

Distribution/Dissemination Control: FED ONLY

POC: [Phone or email address]

Price Reasonableness Determination

Limitation on Price Increases (DFARS 217.7505/DLAD 17.7505 Limitations on price increases. ):

For Micro-Purchases:

☐ Unit Price has not increased 51% or more within the past 12 months.

☐ Unit Price has increased 51% or more within the past 12 months. Contracting officer has evaluated price and will notify HCA (or HCA’s designee) prior to award.

For actions above the micro-purchase threshold documented using simplified acquisition procedures:

☐ Unit Price has not increased 25% or more within the past 12 months.

☐ Unit Price has increased 25% or more within the past 12 months. Contracting officer has evaluated price and will notify HCA (or HCA’s designee) prior to award.

Price Reasonableness Code (PRC):

Basis for Award- FAR 13.106-3(a), DLAD 13.106-3(a) & DLAD 15.406-3 Documenting the negotiation. (a)(11)15.406-3 Documenting the negotiation. :

Price is Fair and Reasonable in accordance with (check blocks below as applicable AND complete Narrative at end of this section);

☐ Adequate Price Competition – Manufacturer Competition

☐ Adequate Price Competition – Among Providers of Services

☐ Adequate Price Competition – Dealer Competition (only use below SAT). Offered prices are independent, and otherwise successful offeror’s price is not unreasonable. Provide documentation in Narrative block.

☐ No Competition (single quote or noncompetitive price range).

Select one of the following:

☐ Market Research (describe in Narrative block; or attach and reference in Narrative block)

☐ Item price set by law or regulation

☐ Independent Government Estimate (IGE). Attach the IGE, if Contracting Officer determines IGE required adjustment, address in Narrative block.

☐ Comparison of the proposed price to prices found reasonable on previous purchases: Provide analysis in Narrative block.

☐ Same Item: ☐ Similar Item (NSN or Item Description):

Contract(s):

Unit Price(s):

Quantity:

PRC applicable previous purchase:

Prior award determined fair and reasonable based on:

☐ Current price list, catalog, or advertised unit price: Describe in Narrative block.

☐ Contracting officer’s knowledge of the item. Describe in Narrative block.

☐ Any other reasonable basis (e.g., informal cost breakdown) Describe in Narrative block.

Price is other than Fair and Reasonable and proceeding after proper elevation IAW DLAD 15.405(d)(S-90) (check blocks below as applicable AND complete Narrative at end of this section);

☐ Price is unfair and unreasonable. Complete Narrative block.

☐ Price could not be determined fair and reasonable. Complete Narrative block.

Narrative (Must address any price increase since last purchase along with any negotiations that were conducted. Attach or provide the location within the contract file for all supporting documentation):

Determination of Responsibility:

Check all applicable blocks and complete Narrative when required:

☐ Confirmed whether contractor is on the Defense Contract Review List (DCRL) and followed applicable Treatment Codes.

☐ Contracting officer checked SAM.gov (FAR 9.405(d)(4)). Awardee is not debarred, suspended, or proposed for suspension/debarment. Awardee is currently in SAM.

Date SAM Checked:____________________

☐ For competitive solicitations for supplies using FAR part 13 simplified acquisition procedures, including acquisitions valued at less than or equal to $1 million under the authority at FAR subpart 13.5, contracting officer reviewed the Supplier Performance Risk System (SPRS) IAW DFARS 213.106-2(b)(i).

The contracting officer’s signature on the award document constitutes evidence that the contracting officer has considered the issues listed and described above and arrived at the findings, determinations, and conclusions also enumerated above for the above-identified procurement.

(b) Market Research for Commerciality Determination Memorandum for Record (MRCDM).

The contracting officer shall use the MRCDM format as prescribed in 13.501 Special documentation requirements. The contracting officer shall include a “Source Selection Information” legend when applicable pursuant to FAR 2.101 and 3.104. Procuring organizations may append the MRCDM to the acquisition plan, and the acquisition plan may refer to the MRCDM in sections regarding market research and sustainability. This Market Research for Commerciality Determination Memorandum (MRCDM) format is for illustration purposes only. It mirrors the fillable version in the contract writing system.

MEMORANDUM FOR RECORD

SUBJECT: Market Research for Commerciality Determination (MRCDM) (FAR 10.002, FAR 2.101, and FAR 13.5)

(Mark “FOR OFFICIAL USE ONLY”, when applicable, at the bottom of the outside of the front cover (if there is one), the title page, the first page, and the outside of the back cover (if there is one) pursuant to DOD Manual 5200.1, Vol 4, Enclosure 3, 2.c.(3)(b).)

Market research has been conducted prior to solicitation:

Solicitation #: (contracting officer insert) NSN(s) (if applicable): (contracting officer insert)

Item/Requirement Description: (contracting officer insert)

PR#: (contracting officer insert)

PART I

In accordance with FAR 10.002(b) and FAR 2.101, Definitions, the cognizant functional element of the procuring organization has conducted a review of the item description(s) to determine if commercial items or non-developmental items are available to meet the government’s needs or could be modified to meet the government’s . The reviewer(s) considered the following: (contracting officer insert response)

a. Whether items of a type are customarily available in the commercial marketplace; annotate evidence of actual sale, lease, or license to the general public, or evidence of items being offered for sale, lease or license to the general public: (contracting officer insert response)

b. Whether items of a type are customarily available in the commercial marketplace with modifications; annotate evidence of actual sale, lease, or license to the general public and type of modification: (contracting officer insert response)

c. Whether items are used exclusively for governmental purposes; annotate evidence that the items were (1) developed exclusively at private expense, and (2) sold competitively in substantial quantities to multiple state and local governments: (contracting officer insert response)

d. Customary practices regarding customizing, modifying or tailoring of items to meet customers’ needs and associated costs; annotate evidence of customary availability of the modification in the commercial marketplace or the technical relationship between the modified items: (contracting officer insert response)

e. Customary practices, including warranty, buyer financing, discounts, contract type considering the nature and risk associated with the requirement, etc., under which commercial sales of the products or services are made: (contracting officer insert response)

f. The applicability of any laws and/or regulations unique to the item being acquired: (contracting officer insert response)

g. The availability of items that contain recovered materials and items that are energy efficient: (contracting officer insert response)

h. The distribution and support capabilities of potential suppliers, including alternative arrangements and cost estimates: (contracting officer insert response)

i. The size and status of potential sources: (contracting officer insert response)

j. Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions: (contracting officer insert response)

k. Whether existing contract solutions (including Best-In-Class (BIC) can be used to satisfy the requirement (IAW with Office of Management and Budget (OMB) Memorandum M-17-29): (contracting officer insert response)

PART II

Check one or more of the following, as applicable, to identify techniques the reviewer(s) used to conduct market research and determine commerciality:

a. ( ) Commercial-Off-the-Shelf Field is coded;

b. ( ) If item has been coded in SAP as commercial but non-commercial practices are required (e.g., QCCs, packaging, etc.), the justification for the use of these practices has been entered in SAP in the internal comments field;

c. ( ) Contacted knowledgeable individuals in government and industry regarding market capabilities to meet requirements;

d. ( ) Published formal requests for information in appropriate technical or scientific journals or business publications;

e. ( ) Queried the Government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.fpds.gov and other government and commercial databases that provide information relevant to agency acquisitions;

f. ( ) Participated in interactive, on-line communication among industry, acquisition personnel, and customers;

g. ( ) Obtained source lists of similar items from other contracting activities, agencies, trade associations, or sources;

h. ( ) Reviewed the results of recent market research undertaken to meet similar or identical requirements;

I. ( ) Reviewed catalogs and other available product literature published, or [provided] on-line, by manufacturers, distributors, and dealers;

j. ( ) Conducted interchange meetings or held presolicitation conferences to involve potential offerors;

k. ( ) Queried the Central Contractor Registration (CCR) via the System for Award Management (SAM) for small business sources, as applicable. (See FAR/DFARS Part 4 for information on SAM).

l. ( ) Other ( contracting officer insert response)

Provide supporting documentation (to include a review of the Material Master in SAP for applicable items) for any of the blocks above in c. through l. that have been checked in this part of the form. Check the following block(s), as applicable:

( ) Documentation is attached

( ) Documentation is located in Records Management file/folder: (contracting officer insert response)

SUMMARY OF MARKET RESEARCH:

Contacted product specialist or other technical representative on: (contracting officer insert response)

OR

Product specialist/technical representative provided market research with the requirement on:

(contracting officer insert response)

Name of Product Specialist/Technical Representative: (contracting officer insert response)

Date: (contracting officer insert response)

Product specialist/technical representative provided concurrence:

() Yes. If “Yes,” has the Material Master been updated: (contracting officer insert response)

() No. If “No,” state reason for nonconcurrence and how resolved: (contracting officer insert response)

Part III

Check one of the following to indicate the type of contract:

() Firm Fixed Price (FFP)

() Fixed Price with Economic Price Adjustment (FP w/EPA)

NOTE: For acquisitions of commercial items, the contracting officer may only award FFP or FP w/EPA type contracts, with limited exceptions (see FAR 12.207). If the contracting officer determines the requirement is not commercial, document the contract type selection in the acquisition plan.

Part IV

Check one of the following to indicate if consolidation or bundling applies:

() Consolidation (see attached report/determination)

() Bundling (see attached report/determination)

CONCLUSION:

Based on the market research conducted, item(s) to be solicited against subject solicitation have been determined to be (check one of the following):

() Commercial

() Noncommercial

APPROVALS:

Name of Contracting Officer: (contracting officer insert response)

Signature: (contracting officer insert signature)

Date: (contracting officer insert date)

Name of Approving Official (One Level Above Contracting Officer): (contracting officer insert response)

Title: (contracting officer insert response)

Signature: (approving official insert signature)

Date: (approving official insert date)

(Applies when contracting officer based commercial item determination on subsections (1)(ii), (3), (4), or (6) of the “commercial item” definition at FAR 2.101.)

(c) Alternate Simplified Acquisition Award Documentation (SAAD). Contracting officers at DLA Distribution, DLA Disposition Services, DLA Contracting Services Office, DLA Strategic Materials, and DLA Energy shall use the SAAD (Alternate) 10-27-21.pdf ( https://dlamil.dps.mil/teams/C12/N608/FormTemplates/SAAD%20(Alternate)%2010-27-21.pdf) as prescribed in 13.106-3 Award and documentation.(b), 13.501 Special documentation requirements.(b)(3), and 15.406-1 Prenegotiation objectives.(b)(1). DLA Distribution maintains the Alternate SAAD online. The contracting officer must sign the format.

53.9015 Contracting by negotiation.

(a) Price Negotiation Memorandum Format – Competitive. Contracting officers shall use the PNM Format – Competitive as prescribed in 15.406-3(a)(S-90) and 15.406-3(a)(S-91). This Price Negotiation Format – Competitive is for illustration purposes only. It mirrors the fillable version in the contract writing system.

Source Selection Information - See FAR 2.101 and 3.104

PRICE NEGOTIATION MEMORANDUM FORMAT–COMPETITIVE

CUI Source Selection Information – See FAR 2.101 and 3.104

(b) Price Negotiation Memorandum Format – Non-Competitive. Contracting officers shall use the PNM Format – Non-Competitive as prescribed in 15.406-3 Documenting the negotiation. and 15.406-3 Documenting the negotiation.. This Price Negotiation Memorandum Format –Non-Competitive is for illustration purposes only. It mirrors the fillable version in the contract writing system.

PRICE NEGOTIATION MEMORANDUM FORMAT – NON-COMPETITIVE

DLAD Parts

DLAD PGI Parts