Subpart 504.71 - Acquisition Reviews
504.7100 Scope of subpart.
This subpart prescribes policies and procedures concerning acquisition reviews. FAR part 18 acquisitions are exempt from this subpart.
The purpose of this subpart is to–
(a) Support FAR parts 7, 10, and 11 to ensure requirements meet the needs of the customer, align and support the mission, are acquired efficiently and effectively, and comply with Federal and agency policies and procedures;
(b) Establish a requirement for acquisition reviews for various types of acquisitions and contract actions; and
(c) Promote early and frequent engagement by the SPE.
(a) An acquisition review is a type of internal control as well as a best practice that provides an opportunity for collaboration and meaningful conversation amongst members of the acquisition team and stakeholders. Acquisition reviews enable information to be shared early and often during the acquisition life cycle.
(b) The need for an acquisition review should be commensurate with the risk, complexity, and criticality of the acquisition or contract action. Criteria supporting the need for an acquisition review may include the criteria described in 507.103 (b)(2).
(c) An acquisition may require more than one acquisition review. An acquisition review may occur at any time during the various phases of the acquisition life cycle:
(1) Market research phase;
(2) Acquisition planning phase;
(3) Pre-solicitation phase;
(4) Pre-award phase; and
(5) Post-award phase.
(d) The following are examples of topics that may be a part of an acquisition review:
(1) Requirement details (e.g., description of requirement, period of performance, estimated value);
(2) Market research (e.g., techniques to be used, historical data, commerciality, industry capabilities and practices, potential sources, existing contract vehicles, expected usage by other agencies);
(3) Acquisition strategy (e.g., degree of competition, small business consideration, contract type, category management, proposed evaluation factors);
(4) Business and procurement risks (e.g., project scope, funding, life cycle, compliance, alignment to agency mission, political interest, other external factors or circumstances);
(5) Important policies, procedures, and processes (e.g., IT requirements, customer agency requirements, class deviations, consolidation and bundling analyses, category management requirements);
(6) Pre-award milestones (e.g., existing contract expiration date, planned solicitation date, anticipated date of award);
(7) Debriefings, brief explanations, and other post-award communications;
(8) Contract administration requirements and key activities (e.g., post-award orientation, contractor performance, government property, option renewal or award term review, disposal requirements); and
(9) Post-award milestones, deliverables, and other important information.
504.7103 Head of the contracting activity responsibilities.
The head of the contracting activity consistent with their delegated authority shall establish acquisition policies, procedures and guidance concerning acquisition reviews for their respective organization(s) in support of this subpart.
(a) These acquisition policies, procedures and guidance shall include, but be not limited to:
(1) Commensurate with the risk, complexity, and criticality of the acquisition or contract action–
(i) Pre-award acquisition reviews (e.g., contract review board, peer reviews); and
(ii) Post-award acquisition reviews.
(2) A process for capturing best practices and innovative approaches to share with the acquisition workforce.
504.7104 Acquisitions and contract actions requiring SPE review and approval.
Acquisitions and contract actions requiring SPE review or approval must conduct an acquisition review, consistent with HCA policy established under 504.7103.
(a) General. The FAR, GSAM, Acquisition Letters, and other policies and procedures identify acquisitions and contracting actions that require SPE review or approval. The SPE may request review of any acquisition or contract action, in addition to those where SPE review or approval is required.
(1)An HCA may notify the SPE according to paragraph (b) of this section of acquisitions or contract actions that otherwise do not require SPE review or approval. A reason may be to seek assistance, advice, or guidance from the SPE about a potential or planned acquisition, a contract action, or an award.
(b) Notification. The SPE shall be notified of acquisitions and contract actions requiring SPE review or approval as early in the acquisition life cycle as possible. Notification shall be sent to firstname.lastname@example.org and include the following information:
(1)Description of the need for SPE involvement (e.g., SPE approval of a consolidation determination);
(2)Description of the requirement, including key dates (e.g., anticipated solicitation date, anticipated award date);
(3)Date(s) of acquisition review(s); and
(4)Any other important information.
(c) Approval. Acquisitions and contract actions requiring SPE review or approval shall be sent to email@example.com and include the following information;
(1)Description of the requirement, action required, and due date;
(2)The document(s) requiring SPE review or approval;
(3)Evidence of Service-level concurrences;
(4)Evidence of legal concurrence;
(5)Evidence of other applicable concurrences where applicable (e.g., category manager and OSDBU);
(6)Supporting attachments, if applicable; and
(7)Any other important information.
(d) Participants. Acquisition reviews involving the SPE are to include key members of the acquisition team as well as the following participants:
(1)SPE or authorized designee;
(2)Head of the contracting activity or authorized designee;
(3)Office of Small and Disadvantaged Business Utilization; and
(4) Office of the Chief Sustainability Officer, Office of Federal High Performance Green Buildings, or authorized sustainability designee
(5) Other key stakeholders (e.g., GSA Office of Information Technology for GSA-funded technology acquisitions).