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 (U.S.C.) 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.

1.103 Authority.

The Director, Acquisition and Logistics (PLD), issues the DARS by authority of the Director, DISA, (DISAI 260-5-1).

1.104 Applicability.

The DARS applies to all acquisitions processed or managed by DISA, except where expressly excluded.

Policies/procedures of non-DISA customers are acceptable as long as they comply with applicable laws and regulations. For example:

Requirements office generated documents (acquisition plans, justifications and approvals, etc.) need not be in the DISA format, contain DISA supplemental information, etc.

DARS policies requiring DISA requirements offices to report to the Director would not be enforced on external customers.

1.105-3 Copies.

Copies of the DARS and associated acquisition policies and procedures are available electronically via the DISA Acquisition Policy and Guidance web site: http://www.disa.mil/acq/aqinfo.html.

SUBPART 1.2 — ADMINISTRATION

1.201 Maintenance of the DARS.

All revisions to the DARS will be implemented by a DISA Acquisition Circular (DISA AC) and numbered consecutively beginning with the fiscal year of the latest edition of the DARS and number “01” (e.g., DISA AC 03-01).

1.201-1 The two councils.

(d)(S-90) Submit proposed revisions to the FAR, DFARS, and DARS to DISA PL2 via the Policy” Outlook mailbox. The format for providing proposed revisions is located at Appendix E.

(S-91) Submit notification of errors in the DARS such as misspelled words, omitted words, or lines, or errors in format to PL12 via email to the DISA “Policy” Outlook mailbox. The notice may be informal in format but must identify the DARS page, citation, and nature of error.

SUBPART 1.3 — AGENCY ACQUISITION REGULATIONS

1.303 Publication and codification.

(a)(i) In accordance with FAR 1.301 and DFARS 201.304, the DARS is not required to be codified in Title 48, Code of Federal Regulations nor approved by USD(AT&L)DPAP. Any revisions to the DARS that would require codification shall comply with aforementioned FAR and DFARS cites.

1.304 Agency control and compliance procedures.

(a)(S-90) DISA PL2 shall review all DISA acquisition-related procedures (both mandatory/non-mandatory) that impact the Agency prior to implementation.

(S-91) These procedures are generally implemented as DISA Acquisition Deskbooks and referenced in the appropriate part in the DARS. Appendix A contains a listing of all current deskbooks. DISA PL2 facilitates implementation of all DISA Acquisition Deskbooks.

(S-92) All DISA acquisition deskbooks are available electronically at http://www.ditco.disa.mil/hq/deskbooks.asp.

SUBPART 1.4 -- DEVIATIONS FROM THE FAR

1.402 Policy.

(1) The HCA is the approval authority for individual deviations from FAR, DFARS, or DARS except those listed in DFARS 201.402(1)(i-vi). If the deviation is for a classified program, the Senior Procurement Executive is the approval authority for individual deviations.

(2)(i) Except as provided in DFARS 201.402(2)(ii), individual deviations, other than those in DFARS 201.402(1)(i-vi), must be approved in accordance with the approved DISA Plan for Control of Clauses (Appendix B).

(3) For deviations that require USD(AT&L)DPAP approval (DFARS 201.402(1)), use the format in DFARS 201.402(2). Submit requests for deviation approval through DISA PL2.

(S-90) Requests for deviations that have a significant effect beyond the internal operating procedures of the agency or have a significant cost or administrative impact on contractors or offerors must be published for public comment in the Federal Register.

(a) Allow sufficient time for the 60-day public comment period, resolution of public comments, review of public comments by the Defense Acquisition Regulations Council and approval by USD(AT&L)DPAP.

(b) The originator of the deviation is responsible for preparing the support package and proposed deviation language.

(4) Appendix B contains the approved DISA Clause Control Plan and shall be followed for approval of clauses other than those prescribed in the FAR and DFARS.

SUBPART 1.5 — AGENCY AND PUBLIC PARTICIPATION

1.501 Solicitation of agency and public views.

Opportunity for public comments.

(2) DISA comments on proposed or interim rules published for public comment in the Federal Register shall be submitted through DISA PL2.

SUBPART 1.6 — CONTRACTING AUTHORITY AND RESPONSIBILITIES

1.602-2-90 Responsibilities.

(a)(S-90) Policy.

(l) The Contracting Officer’s Representative (COR) is an authorized representative of the DISA contracting officer who assists with the technical monitoring or administration of a contract. The COR is the technical/administrative liaison between the contractor and the contracting officer.

(2) A Task Monitor (TM) is essentially the same as the COR but—

(i) designated in addition to or instead of a COR, when the contracting officer determines necessary,

(ii) performs technical/administrative duties at the task order level under a task order contract, and

(iii) serves as the technical/administrative liaison between the contractor and the contracting officer or between the contractor, the COR (if one is assigned), and the contracting officer.

(3) CORs and TMs are the only approved functional titles for individuals performing the designated duties and responsibilities under this subpart in support of DISA contract management. Regardless of previous titles used, if an individual is performing the functions of a COR or TM in support of a DISA contract, their appropriate functional title is DISA COR or TM (primary or alternate). Contracting officers shall only use these titles (COR or TM) in their designation letters. While titles such as "Contracting Officer’s Technical Representative (COTR)," "Technical Task Monitor (TTM)", "Functional Area Advisor (FAA)", “Functional Area Evaluator (FAE)” or “Government Monitor” may be used elsewhere in government contract management operations, these titles are not acceptable and shall not be used in any DISA designations.

(4) A Technical Representative (TR) is distinctly different from a COR or TM. A TR is not authorized to perform contract administration functions and is generally located at a contractor’s facility to provide program technical oversight. The acquisition manager (see DARS Part 7 for definition) appoints the TR. See DFARS 242.74 for TR procedures.

(b)(S-91) Qualifications. All prospective DISA and non-DISA CORs and TMs shall be identified in writing along with their appropriate training, qualifications, experience and other considerations in a COR or TM Nomination letter prepared by the requirements office and forwarded to the appropriate DISA contracting officer. All CORs and TMs shall possess the training and technical skills required to monitor and administer the specific, assigned duties.

(c)(S-92) Training. DISA CORs and TMs are responsible for taking all training indicated in their respective Individual Development Plans (IDP), COR or TM nomination and designation letters. All training, whether designated as required, optional, alternative or supplemental, must be identified to the DISA contracting officer and approved by the supervisor before inclusion in an IDP. The DISA contracting officer will review all completed initial training identified in the COR or TM Nomination letter and provide the individual with a written notice of acceptability in the form of an electronic mail (E-mail) message. Individual’s are advised to keep the notice of acceptability as part of their COR or TM files.

Effective 1 January 2006 all candidate and active CORs and TMs shall refer to the approved DISA COR and TM Master Development Plan (MDP) available on the DISA EDGE portal at https://edge.disa.mil/gm/document-1.9.63773 in conjunction with development of their IDPs. Supervisors of personnel nominated for or designated as DISA CORs and TMs will ensure discussion and support of mandatory, optional, alternative, and supplemental initial and annual refresher training requirements with applicable personnel and the appropriate DISA contracting officer as part of the annual performance plan review and Individual Development Plan (IDP) preparation and approval. Before designation and subsequently as required, the contracting officer must receive and review copies of all certifications of all completed training. No individual should assume or commence COR or TM functional responsibilities in support of any DISA contract unless they have completed the required training, provided the required certifications, and received and acknowledged in writing their COR or TM designation letter from the DISA contracting officer.

Effective 1 January 2006, the following DISA mandatory, alternative or optional initial and annual refresher COR and TM training requirements incorporate greater flexibility for satisfactory completion and certified qualification by DISA personnel. Prospective and active DISA and non-DISA CORs and TMs shall discuss the need for, suitability of, and acceptability of taking any required, alternative, optional or supplemental initial or annual refresher training course with the term “COTR” or “Contracting Officer’s Technical Representative” in the title with the DISA contracting officer and their supervisor on a case-by-case basis. In such cases, personnel shall obtain a written statement of acceptability or suitability from the DISA contracting officer BEFORE submitting their IDP for supervisory approval or taking any such course for COR or TM qualification or certification.

(1) Initial Training. BEFORE taking DISA COR or TM initial or refresher training, individuals should read and acquaint themselves with this DARS subpart, the DISA COR/TM Acquisition Deskbook, and the information available on COR and TM training. This information is accessed through the DISA PLD homepage “Acquisition, Policy and Guidance” link at http://www.ditco.disa.mil/hq/default.asp.

(i) Mandatory DISA Ethics Training. CORs and TMs are acquisition officials who require ethics training. Upon nomination, CORs and TMs are required to take the web-based DISA Annual Ethics Training course, and provide training completion certification to their supervisor and the appropriate DISA contracting officer. This course is required annually thereafter. DISA COR and TM supervisors shall ensure that the OGE Form 450, Executive Branch Confidential Financial Disclosure Report forms are filled out annually, as appropriate, and sent to the Office of General Counsel (GC). The DISA Ethics Training is available online by clicking on the link at www.disa.mil. [NOTE: Non-DISA CORs and TMs are encouraged to complete annual DISA Ethics training as well, or seek a written statement of acceptability or suitability of substitute DoD or other Ethics training from the applicable DISA contracting officer.]

(ii) Mandatory DoD Wide Area Workflow (WAWF) Training (effective 1 October 2004). The DoD has mandated the implementation of electronic receiving, acceptance, invoice processing, and payment of contractor provided services and supplies. CORs and TMs play a significant contract administration role as receivers and acceptors, and must complete the mandated DoD WAWF training. DoD WAWF training is available online at www.wawftraining.com. Personnel may register in the DISA Online Training System (DOTS) at the following address to attend classroom WAWF training: https://mps-cmis.ncr.disa.mil/mps5_training/welcome.html. For more information, contact the DISA WAWF Deployment Manager in PLD.

(iii) Mandatory COR or TM Functional Responsibilities Overview Training. Candidate CORs and TMs must complete at least 24 hours of mandatory COR functional responsibilities overview training before they can be designated. This mandatory functional overview training may be obtained from a variety of sources as a single course or a combination of courses totaling at least 24 credit hours or continuous learning points (CLPs). One source for this type of training is the Defense Acquisition University (DAU) offering courses such as the “COR Overview” course, or “COR With a Mission Focus” course available through the Acquisition Training Application System (ACQTAS) at https://www.atrrs.army.mil/channels/acqtas/main.asp. The DAU “COR Overview” course completion results in four CLPs. This course must be taken in combination with other training, such as a contracting overview course, for a total of 24 credits of COR or TM functional responsibilities overview training. Another course which may be considered, with a written statement of acceptability by the DISA contracting officer, is the U.S. Department of Agriculture (USDA) Graduate School Contracting Basics for COTRs course (three days long for 24 hours credit). Individuals should refer to the COR and TM MDP at https://edge.disa.mil/gm/document-1.9.63773 for additional suggested courses and related information.

(2) Annual Refresher Training. All CORs and TMs must complete appropriate annual refresher training to familiarize themselves with developments or changes in acquisition regulations, standards of ethical conduct, and best practices for effective contract management. DISA and non-DISA CORs and TMs supporting DISA contracts should discuss the suitability and acceptability of taking any training course with the term “COTR” in its title with their DISA contracting officer and supervisor on a case-by-case basis. DISA and non-DISA CORs and TMs should get a written statement of acceptability or suitability from the DISA contracting officer BEFORE including such courses in their IDP for supervisory approval or taking any such course for COR or TM refresher qualification or certification. For DISA CORs and TMs, mandatory annual refresher training consists of the following:

(i) Mandatory DISA Ethics Training. The DISA Ethics Training is available at www.disa.mil. Supervisors of COR and TM personnel shall ensure that appropriate OGE Form 450, Executive Branch Confidential Financial Disclosure Report forms are filled out annually, as appropriate, reviewed by the supervisor for conflicts of interest, and sent to the Office of General Counsel (GC). [NOTE: Non-DISA CORs and TMs are encouraged to complete annual DISA Ethics training as well, or seek a written statement of acceptability or suitability of substitute DoD or other Ethics training from the applicable DISA contracting officer.]

(ii) Mandatory DISA COR/TM Training Day Training. Effective 1 March 2006 all DISA CORs and TMs supporting DISA contracts must provide validated and documented attendance or video teleconference (VTC) participation or training completion certification for at least one, six-hour DISA COR/TM Training Day each year for a subtotal of six CLPs. The COR/TM Training Days are offered quarterly. CORs/TMs shall register in DOTS (https://mps-cmis.ncr.disa.mil/mps5_training/welcome.html) for physical attendance or VTC participation in DISA COR/TM Training Days.

(iii) Mandatory COR/TM Functional or Contract Related Training. Effective 1 March 2006 all DISA and CORs and TMs shall complete at least six additional hours of COR/TM functional or contract related training. Such training may be accomplished by a single course, or combination of courses, or symposium or conference attendance totaling at least an additional six hours. Individuals should refer to the COR and TM MDP at https://edge.disa.mil/gm/document-1.9.63773 for suggested courses and related information. Examples include attendance at or VTC participation in an additional DISA COR/TM Training Day (six CLPs); three, two-hour DISA Acquisition Excellence Workshops (AEWs, at two CLPs each), enhanced DOD WAWF training, or other contract related courses, training, symposia, or conferences totaling at least an additional six hours.

(3) Optional, Supplemental or Alternative Training.

(i) Optional, Supplemental or Alternative training requests may be necessitated by an

individual’s physical, geographical, or learning style challenges, access issues, non-DISA COR or TM parent organization training requirements, or program or project unique requirements. Such requirements and requests must be identified, discussed, and addressed on a case-by-case basis, deemed suitable or acceptable in writing by the appropriate DISA contracting officer, as appropriate, included in the DISA individual’s IDP, and approved by that individual’s supervisor.

(ii) Once approved, the circumstances, course identification, and approval for optional, supplemental or alternative training requests must be documented in writing by the appropriate approving contracting officer, and copies of that documentation must be kept as part of the individual’s COR or TM files, the contract files, and the individual’s COR or TM training and performance records.

(iii) Under no circumstances should individuals complete COR or TM optional, supplemental or alternative training without the prior review and written statement of acceptability or suitability by the DISA contracting officer, inclusion of such training in their IDP (for DISA personnel), and approval of their IDP by the DISA supervisor.

(iv) Refer to the DISA COR and TM MDP for additional guidance.

(4) CORs, TMs and the Defense Acquisition Workforce Improvement Act (DAWIA). CORs and TMs are comprised of personnel from varying technical backgrounds and disciplines. Some CORs and TMs are personnel assigned to designated Defense Acquisition Workforce Improvement Act (DAWIA) critical acquisition positions within or outside of DISA. COR and TM training, qualification, certification, and designation requirements for supporting DISA contracts are separate from and currently do not involve DAWIA education and certification requirements. COR and TM training requirements may be used to satisfy DAWIA mandated continuous learning credit requirements. For more information on DAWIA certification, training, and continuous learning requirements, individuals may contact the DISA Acquisition Career Management Program (ACMP) Manager in the Manpower, Personnel, and Security Directorate for specific policy and information.

(5) Non-DISA COR and TM Training. Non-DISA candidates or active CORs and TMs are encouraged to take the same initial and annual refresher training as their DISA counterparts, but may substitute other COR or ethics training if deemed acceptable by the cognizant DISA contracting officer. Before designation of candidate COR or TM personnel from non-DISA sources, the contracting officer must obtain and review the certification of all COR or TM personnel for non-DISA courses, the contracting officer must obtain and review certifications of all COR/TM training. Such training must be reviewed on a case-by-case basis, by the cognizant contracting officer, the DISA Contracting Officer will provide the candidate a written notification of any unacceptable training.

(d)(S-93) Nomination.

(1) A DISA or non-DISA requirements office shall nominate individuals as candidate CORs and TMs, as appropriate. [NOTE: Alternate CORs (ACORs) and Alternate TMs (ATMs) are generally discouraged, but if nominated, must meet all of the requirements of this DARS subpart (e.g., meet the same training requirements BEFORE designation).] Supervisors are also encouraged to identify highly motivated individuals, with strong standards of ethical conduct, and a willingness to accept responsibility as potential COR and TM candidates. Nomination of military personnel as DISA CORs and TMs is permitted. If a military member is to be considered as a DISA COR or TM, they are subject to the same qualification, training, certification, designation, and performance documentation requirements as their civilian counterparts, using appropriate military documentation formats for training records and performance review. Supervisors of military personnel designated as CORs or TMs should review the DISA mandatory civilian performance standard and follow similar criteria for evaluating military personnel COR and TM performance regarding DISA contract administration and management.

(2) A requirements office shall provide the DISA contracting officer the COR, ACOR, TM, or ATM nomination as soon as possible, but not later than thirty (30) days prior to the contract or task order award.

(3) Requirements offices shall not send written nominations unless the nominee is qualified (or will be qualified prior to appointment) in accordance with this DARS subpart. The written nomination shall identify a primary COR or TM or an Alternate COR or TM, and outline the nominee’s technical qualifications, experience, and completed training information or state that the nomination is subject to the completion of training identified in the nomination letter.

(4) Requirements offices should contact the applicable DISA contracting officer to obtain a copy of the approved sample COR or TM nomination letter format, a copy of the mandatory DISA COR and TM performance standard, and a copy of the current DISA COR/TM MDP (https://edge.disa.mil/gm/document-1.9.63773).

(e)(S-94) Designation.

(1) The contracting officer shall designate a COR or TM in writing upon appropriate review of the written nomination from the requirements (i.e., customer) office, and the completion and satisfactory review and acceptance of all required initial training and certification requirements. The authority to designate CORs or TMs shall not be further delegated.

(2) Before designation, the contracting officer shall check the nomination to ensure that the COR/TM meets the requirements of this subpart. If anticipating a COR designation, the request for proposal, solicitation and contract shall include the clause required by DFARS 201.602-70. If anticipating TM designation, the request for proposal for each individual task order must include a statement similar to the COR clause required by DFARS.

(3) The contracting officer’s COR or TM designation letter must identify the information required in DFARS 201.602-2(5) and establish a feedback procedure for maintaining awareness of significant events concerning contract performance.

(4) Normally, only one COR is needed to monitor or administer a contract and/or one TM to monitor a task order.

(5) DISA contracting officers shall use the most current, approved DISA sample COR or TM nomination or designation letters in effect. Contracting officers may need to conduct periodic reviews and issue new or updated COR or TM designation letters to keep designations current with FAR, DFARS, or DARS policy changes.

(6) Upon designation, the contracting officer shall provide the original designation letter to the COR or TM and send copies to the following:

(i) Contractor

(ii) Contract Administration Office

(iii) the COR’s or TM’s Supervisor

(7) Designation letters must include an acknowledgement page with signature blocks for the COR or TM and for the COR's or TM's supervisor, as well as unique identification codes per instructions in the acknowledgement format.

(i) The COR or TM signature acknowledges full understanding of the designated duties, responsibilities, and limitations, to include completion of all training requirements and maintain successful performance. If anything regarding the assigned duties and responsibilities is unclear at the time of designation or thereafter, it is the COR's or TM's responsibility to seek clarification from the contracting officer. Further, the COR or TM acknowledges that they are a key partner, along with their supervisor, and the contracting officer in improving the quality of DISA contract administration and management through better qualified CORs and TMs and successful COR and TM performance. The COR or TM shall not sign the designation letter or assume their contract support functional responsibilities until they have completed all of the f the required initial training under this subpart. In the event of a reissued or updated designation letter, the COR or TM shall not sign the designation letter until they have satisfactorily completed and documented the required annual refresher training.

(ii) The supervisor's signature acknowledges full understanding, support for, and

approval of the named individual’s COR or TM duties, responsibilities, and limitations. For DISA CORs or TMs, the supervisor's signature also indicates their agreement to address COR and TM duties and responsibilities in job descriptions, and ensure that the DISA mandatory COR and TM critical element and performance standard is included in the individual’s Performance Work Plan, in accordance with DARS 1.602-2-90(f)(l), and Chapter 430 of the DISA Instruction 220-15-55, DISA Civilian Personnel Management Manual revision of October 2004 for civilian personnel, and as appropriately documented for military personnel, following the guidance of the civilian personnel performance standard. The mandatory critical element #12 Performance Standard for DISA CORs and TMs is:

Critical Element #12 – COR/TM. Contracting Officer’s Representative (COR) or Task Monitor (TM) Assignment (Mandatory for CORs or TMs)

Demonstrates an appropriate understanding of Federal Government and DoD contracting and procurement policies, practices, and processes. Consistently complies with the duties, responsibilities, and limitations outlined in the COR or TM designation letter. Performs effective and proactive technical monitoring and administrative oversight of contractor’s work and the quality of deliverables, cost, and schedule. Keeps the contracting officer informed of progress and problems. Meets the DARS Subpart 1.6 training requirements.

(iii) The COR or TM and supervisor’s signatures on the designation letter also acknowledges that they, along with requirements offices, contracting officers, and agency manpower, personnel and security management personnel are part of a strategic partnership to improve DISA COR and TM qualifications and successful contract management performance outcomes.

(iv) Once the COR or TM and their supervisor acknowledge (sign) the designation letter, the COR or TM returns the acknowledgement page to the contracting officer. The COR or TM places the original designation letter with the signed and dated acknowledgements in the COR or TM files, provides a copy to their supervisor, and retains a copy for their personal files. The contracting officer shall ensure that a copy of all COR and TM designation letters are included in the DISA contract file.

(f)(S-95) COR or TM Duties, Performance Review, and Removal. [NOTE: Also applies to non-DISA CORs and TMs, as deemed appropriate by the contracting officer.]

(1) To ensure accountability and promote effective COR and TM qualifications, certifications, and successful performance outcomes, DISA COR and TM supervisors shall adequately address COR and TM duties in job descriptions.

(2) Supervisors of DISA COR and TM personnel shall apply Critical Element #12 and the

mandatory COR and TM Performance Standard on the DISA Performance Work Plan and Appraisal (DISA Form 208) relating to the specific duties and responsibilities of their COR and TM assigned personnel. During the mid-year review and the annual performance evaluation of personnel assigned COR and TM responsibilities, supervisors shall obtain performance review input from the appropriate DISA contracting officer.

(3) The contracting officer shall check the administration and performance of the COR or TM on a continual basis. Negative results shall be documented in the contract file and a copy sent to the COR’s or TM’s supervisor. If the contracting officer determines that a COR or TM is not performing in a satisfactory manner regarding contract administration, contract management or task order management, the contracting officer may remove the COR or TM, revoke their designation in writing, and request that the requirements office nominate a suitable replacement COR or TM.

(4) Only Government employees may be designated and carry out COR or TM duties. A non-Government employee shall not perform duties designated for COR or TM performance nor shall any non-Government employee help in the execution of COR or TM duties.

(5) If designated DISA or non-DISA CORs or TMs leave DISA or change positions and no longer perform the designated duties as detailed in their designation letters, the individual COR or TM and the requirements office shall notify the contracting officer to arrange for an appropriately designated replacement. Notification must be far enough in advance to allow time for--

(i) contracting officers to check qualifications, experience and ensure the certified completion of required training, and written designation of a new COR or TM (at least 30 days, possibly 60 days to complete required training), and

(ii) a transition period, if needed. [CAUTION: Lack of COR or TM assistance without replacement may have a negative impact on contract management performance.]

(6) CORs and TMs are required to keep well-documented contract and task files relating to actions taken in accordance with their designated duties (DFARS 201.602-2). Upon contract completion, CORs and TMs will contact the contracting officer and obtain directions to provide the COR’s or TM’s contract file, or provide a signed statement annotating that all authorized supplies and/or services were inspected and accepted, and the contract file is complete. If the contracting officer only needs the completion notice, the COR or TM will destroy or otherwise appropriately dispose of the COR or TM file according to the contracting officer’s instructions (See DFARS 204.805 for requirements for disposing of contact records that may contain nonpublic agency information and/or contract are proprietary information).

(7) Upon receipt of the COR or TM completion statement, contracting officers shall incorporate the completion statement into the official contract file.

(g)(S-96) Limitation of COR/TM Authority. COR and TM duties are set forth in their designation letters. CORs and TMs do not have contracting officer authority. In addition to the limitations stated in DFARS 201.602-2, the COR or TM shall not—

(1) Act, or fail to act, in any manner that the contractor may construe as an attempt to change the contract terms;

(2) Discuss pending solicitations or other contracts, or make commitments or promises to the contractor relating to award of a contractual action;

(3) Give contractors oral or written direction outside of the COR or TM scope of authority;

(4) Interfere with the contractor’s personnel practices or dealings with organized labor; or

(5) Further delegate any authority vested in COR or TM.

(h)(S-97) DITCO HCOs are responsible for developing and keeping a current database of COR and TM information.

(1) Effective 1 October 2005 all DISA HCOs shall ensure that all DISA contracting officers

(i) ensure that all DISA (and non-DISA) CORs and TMs are designated in writing only after completion and certification of all required initial training;

(ii) complete appropriate training and enter required data for all COR and TM designated personnel in the Procurement Desktop-Defense (PD2) system per the PD2 Data Entry Guide developed by DITCO Scott personnel (or Standard Procurement System (SPS) or other appropriate follow-on system); and

(iii) comply with all HCA required quarterly (or otherwise periodically required) COR and TM data reporting requirements.

(2) At the minimum, the database shall include:

(i) Name and DISA office code of COR or TM (or agency for Non-DISA CORs and TMs);

(ii) Date of designation;

(iii) Dates of initial and refresher training;

(iv) Contract number(s) for contract(s) monitored; and

(v) Task order number(s). [Only required for task order(s) monitored by TMs.]

(3) Consequences. If COR and TM data entry and reporting requirements are not met, deficiencies will be reported to the contracting officer’s supervisor and could result in a performance review, counseling, and other corrective measures and remedies.

1.602-3 Ratification of unauthorized commitments.

(a)(S-90) Definitions

“Ratifying Official,” as used here means the individual who has the authority to enter into a contractual commitment on behalf of the Agency, or the contracting officer.

“Ratification Approving Official,” as used here means either the Vice Director, DISA (DV), the DISA Head of the Contracting Activity (HCA), or the DISA Head of the Contracting Office, as applicable to the circumstances identified in (b)(2) and (b)(3) below.

(b)(S-91) Policy.

(1) It is DISA's policy that unauthorized commitments be precluded to the maximum extent possible. Only those persons having been issued a warrant to enter into contracting agreements (e.g., contracting officers) may legally obligate the Government to pay for goods and services. Contracting officers, Requiring Officials, Business Managers, and acquisition or operations program/project personnel should work together to understand and apply appropriate contract communications, communicate and ensure requirements are appropriately identified, planned, programmed, funded, contracted for, and managed in a timely manner. If a ratification action is necessary, involved individuals will communicate this fact immediately to their respective contracting officer/contracting activity/contracting office, immediate supervisor, the head of their cognizant organization, and the DISA HCA.

(2) In accordance with the Director’s Memo, Alternative Recommendations for Ratification Approval, of 23 October 2002, the Vice Director (DV), DISA, is the ratification-approving official for all unauthorized commitments by DISA personnel above the Simplified Acquisition Threshold. Requests for DV ratification approval shall be submitted through the DISA Director for Acquisition and Logistics (PL), who is also designated as the DISA HCA. A copy of the request should also be submitted to the DISA GC.

(3) Ratification requests for unauthorized commitments by DISA personnel at or below the Simplified Acquisition Threshold require approval by the DISA HCA (PL). Ratification requests for unauthorized commitments by non-DISA customers above the Simplified Acquisition Threshold require approval by the DISA HCA; and those actions at or below the Simplified Acquisition Threshold require approval by the respective DISA PL HCO, with electronic mail (e-mail) notification to the HCA.

(4) Personnel involved in the preparation and processing of ratification request documentation shall review and comply with the “Ratification Checklist of Required Documentation,” and process flow charts contained in DARS Appendix D.

(5) The person making the unauthorized commitment initiates the preparation and coordinates the review and processes the ratification request proposal package using the standardized “Request for Approval of Unauthorized Commitment” format, and includes all required content criteria identified in DARS Appendix D to document the request.

(6) The person making the unauthorized commitment, and their supervisor will prepare the Summary Sheet, DISA Form 9, in accordance with the DISA Action Officer’s Guide and the guidance provided in DARS Appendix D.

(c)(S-91) The cognizant ratification-approving official will reviews the file, approves, or disapproves the action.

(d)(S-92) Final approval of any ratification action resides with the appropriate ratification-approving official, except as noted below.

(1) For DISA personnel involved in ratification request actions, the individual responsible for making the unauthorized commitment and the cognizant Deputy Director (DD) or Senior Executive Service (SES) representative of the DISA office involved must brief the DISA HCO, the DISA HCA, the DISA GC, and the DISA DV on the circumstances and corrective actions taken to prevent a recurrence prior to final approval of any ratification action when:

(i) The action, regardless of dollar amount, may result in disciplinary or administrative action against the individual making the unauthorized commitment (e.g., in cases of repetitive or egregious violations).

(ii) The action is greater than the Simplified Acquisition Threshold requiring DISA DV ratification approval. In this case the individual responsible and the cognizant DD or SES representative of the DISA office involved must brief the DISA HCA, DISA GC, and DISA DV. The cognizant office DD or SES personnel should contact the DISA HCA to determine if this briefing may be conducted in person, by telephone, or by video-teleconference (VTC).

(iii) The action is at or below the Simplified Acquisition Threshold requiring the DISA HCA ratification approval. In this case the individual responsible and the cognizant DD or SES representative personnel must brief the DISA HCA. The cognizant office DD or SES personnel should contact the DISA HCA to determine if this briefing may be conducted in person, by telephone, or by VTC.

(2) For non-DISA personnel involved in ratification request actions, the individual responsible for making the unauthorized commitment and the head or representative SES personnel of the cognizant activity office involved must brief the applicable DISA HCO or the applicable DISA HCO and the DISA HCA on the circumstances and corrective actions taken prior to final approval of any ratification action when:

(ii) The action is greater than the Simplified Acquisition Threshold requiring DISA HCA ratification approval. In this case the individual responsible and the head or representative SES personnel of the cognizant activity office involved must brief the DISA HCA. The cognizant office head or SES personnel should contact the DISA HCA to determine if this briefing may be conducted in person, by telephone, or by VTC.

(iii) The action is at or below the Simplified Acquisition Threshold requiring the ratification approval of the applicable DISA HCO. In this case the individual responsible and the head or representative SES personnel of the cognizant activity office involved must brief the applicable DISA HCO. The cognizant office head or SES personnel should contact the applicable DISA HCO to determine if this briefing may be conducted in person, by telephone, or by VTC.

(iv) If the action is at or below the Simplified Acquisition Threshold requiring the ratification approval of the applicable DISA HCO, that HCO will provide a summary report of the action and its disposition to the DISA HCA.

(3) For all DISA and non-DISA ratification request actions at or below the Simplified Acquisition Threshold, the cognizant ratification-approving official (HCA or applicable DISA HCO) will provide a summary report of the action to the DISA DV, or the DISA HCA and the DISA DV, as appropriate, following disposition of the ratification request.

(e)(S-93) If the decision is made not to ratify the unauthorized commitment, the individual making that unauthorized commitment may be held personally liable under Title 31, United States Code. In addition, criminal penalties may be pursued under DoD Directive 7200.1, “Administrative Control of Appropriations,” 4 May 1995. A person who knowingly violates this title “…shall be fined not more than $5,000.00, imprisoned for not more than two years, or both.” This individual may also face penalties ranging from warnings through suspension and removal. This individual may also face civil prosecution.

(f)(S-94) The HCA will maintain a database of all unauthorized commitments, ratification requests by DISA personnel, and by non-DISA personnel for DISA contracts, and request disposition. Each ratification proposal package should have a unique ratification control number, for each database entry. Each contracting officer and HCO is responsible for ensuring that a copy of the ratification package is placed in the contract file, or if no contract exists yet for the action, keep the package as a separate file in a central location. For each ratification action, HCOs and contracting officers should contact PL2 to obtain a unique ratification identification number. HCOs and contracting officers shall provide the following criteria for database entry throughout the ratification process. Contracting officers and HCOs are also responsible for ensuring that ratification package information is provided to the HCA, and entered into the database of unauthorized commitments. The database, at a minimum, shall include the following information:

(1) Ratification Control Number – A unique control number assigned by PL2 for each ratification request package.

(2) Contract Number – The pertinent contract number against which the individual made an unauthorized commitment. If no contract existed at the time that an unauthorized commitment was made, so indicate. If the ratification request was approved and implemented, indicate the resulting, applicable contract number, with appropriate notation to that effect.

(3) Contracting officer/Organization Code/Phone – Enter the appropriate name, organization code, and telephone number of the contracting officer for the pertinent contract involved. If no contract exists, the information should be that of the contracting officer involved in the ratification action.

(4) Date Received – This is the date on which the ratification request package was received and entered into the HCA’s Ratification spreadsheet database.

(5) Customer DISA or Non-DISA – This is self-explanatory. Indicate whether the customer is from DISA or a non-DISA source.

(6) Vendor – Identify the pertinent vendor’s name and location (city and state).

(7) Organization/Office Symbol/Phone Number – This information is for the organization, etc. to which the individual that made the unauthorized commitment belongs, the location (DITCO NCR, DITCO SCOTT, etc.), and the applicable telephone number. The telephone number should be the organization’s administrative or “front” office or the appropriate SES personnel of that organization. If it is a non-DISA customer, indicate the appropriate agency/activity, organization code and telephone number for the organization’s administrative office.

(8) Date of Unauthorized Commitment – The actual date on which the unauthorized commitment was made. Also include any amended unauthorized commitment date(s), if applicable.

(9) Dollar Value – The dollar value of the unauthorized commitment.

(10) Date of Ratification – The date on which the pertinent contract was ratified or the date on which the approved ratification request was implemented.

(11) Description of the Unauthorized Commitment and Ratification Requirement – Self-explanatory.

(12) Reason(s) for Ratification – A simple statement is all that is needed. This is a statement of why the unauthorized commitment was made in the first place or the cause of the subsequent ratification proposal. For example: expired contract; failure to communicate/coordinate requirement between requiring official, contracting officer, and business management office prior to making an agreement with the vendor or prior to the start of the subject work/service; etc.

(13) If Not Ratified, Why Not? – Self-explanatory. If the ratification request was not approved, explain why it was not approved. If the ratification request was approved, leave this field blank.

(14) Type of Preventive Action Taken – Describe the actions taken regarding the individual that made the unauthorized commitment to guard against or prevent recurring unauthorized commitments. For example, indicate what action, e.g., directed to attend impact card training and re-certification, advised the organization’s SES personnel of agency view on ratifications and appropriate procedures, or no action taken to prevent this situation from occurring in the future (and explain why not). Include the organizational title of who directed the action to be taken.

(15) Referral to Investigative Authorities (Yes/No) – Self-explanatory.

(16) Previous Occurrences (Yes/No) – To the knowledge of the contracting officer/contracting official, has there been any previous occurrences of ratification requests submitted by the organization prior to this one?

(17) Ratification Approval Level (HCO, HCA or DV)/Phone Number/Approval Date/Ratifying Official/Phone – Identify the appropriate approval level for the submitted ratification request; the applicable telephone number, the date on which the ratification was approved, the resulting contracting officer responsible for implementing the ratification action on contract, and the contracting officer’s telephone number.

1.603 Selection, appointment, and termination of appointment.

1.603-1 General.

The authority in FAR 1.603-1 for selection, appointment, and termination of DISA contracting officers is delegated to the DISA PL HCA without power of re-delegation.

1.603-2 Selection.

As necessary to meet the needs of the Agency, DISA employees may be appointed as contracting officers provided they possess the necessary personal and professional qualifications to handle the additional responsibility and duties that result from such appointment. Each candidate must possess qualifying work experience and be properly certified at their present grade level as set forth below. The standard types of contracting officer appointments are set forth below in Table 1-1.

TABLE 1

APPOINTMENT PARAMETERS MINIMUM QUALIFICATIONS

SF 1402

TYPE MAXIMUM $ T4D LIMITATION

OF APPOINTMENT AUTHORITY AUTHORITY EXPERIENCE TRAINING STATEMENTS

SAT $ 100,000 No Six Months CON 110, 1, 2, 3

CON 111,

CON 112 &
CON 237

or DAWIA

Level I

SAT* $ 100,000 No Six Months CON 110, 6, 2, 3

*(PURCHASE CARD ONLY) CON 111,

CON 112 &
CON 237

or DAWIA

Level I

BASIC $ 300,000 No Two Years DAWIA

Level II 1, 2, 3

INTERMEDIATE $ 1,000,000 No Three Years DAWIA

Level II 1, 2, 3

SENIOR $10,000,000 No Five Years DAWIA

Level III 1, 2, 3

UNLIMITED $ Unlimited Yes Six Years DAWIA

Level III 4

TARIFF CHANGES $ Unlimited No Six Years DAWIA

Level III 5

TABLE 1-1 FOOTNOTES

STANDARD

LIMITATION

NUMBER SF 1402 STATEMENT [Entered on the face of the SF 1402]

1. "Contract authority is limited to $(insert amount) for any contract action.”

2. "No authority for termination for default is included."

3. "Termination for convenience authority is limited to the amount of contract authority."

4. "No limitations."

5. “Authority is limited to authorizing automated rate changes to Communication Service Authorizations (CSAs) based on tariff changes filed with the appropriate Governmental regulatory body.”

6. "Contract authority is limited to single purchase transactions not to exceed $xxx,xxx ($100,000 maximum) using the Government-wide commercial purchase card and the limitations contained in DISA Commercial Purchase Card Program Deskbook. Purchase card transactions above the micropurchase threshold ($2,500) are limited to orders against contracts established under FAR Part 8 procedures or other established Government contracts (i.e., Blanket Purchase Agreements and indefinite delivery contracts).”

1.603-3 Appointment.

(a) Certificates of Appointment (SF 1402) will be sequentially numbered by calendar year. DISA PL2 will maintain the master contracting officer records and copies of Certificates of Appointment. DISA PL2 will maintain an electronic contracting officer database on the DITCO Intranet web site and validate the accuracy of the database information at least annually.

(b) Contracting officers must ensure the original SF 1402 is prominently displayed in the immediate work area. The SF 1402 will be made available to company/contractor representatives for viewing upon request.

1.603-3-90 Procedures.

1.603-3-90(a) New appointments.

(1) For each new appointment sought, the HCO will forward the “Application for Appointment as a Contracting Officer” and provide concurrence via email to the PL2 POC. If the type of appointment being sought and/or the limitations to be placed on the appointment differ from those specified in Table 1-1, rationale must be provided supporting the request for variance.

(2) The “Application for Appointment as a Contracting Officer” must be used to document the education, experience, and training qualifications of the candidate. The following format is provided:

APPLICATION FOR APPOINTMENT AS A CONTRACTING OFFICER

I. IDENTIFICATION.

a. Office Code:

b. Name of Appointee:

c. Series/Grade or Rank:

d. Office telephone Number:

e. Organizational Position Title:

f. Brief Description of Duties:

II. EDUCATION. Identify any education or special training in accounting, business finance, law, contracts, purchasing, economics, organization and management.

a. High School Graduate Yes_____________ No__________________

b. Number of Years of Successfully Completed College:______________________

Undergraduate Study________________________________________________________

Major_____________________________ Minor__________________________

Degree Conferred____________________ Date_____________________

Post Graduate Study__________________ Major_________________________

Degree Conferred____________________ Date __________________________

24 or more Semester Credit Hours in Business-Related

Disciplines _____Yes ______No

III. EXPERIENCE. Identify any experience in Government contracting and administration, or commercial purchasing or related fields.

a. Number of Years as full-time Contract Specialist/Administrator_____________

Date(s):_____________________________ Grade: __________________________

Position:____________________________ Duties: __________________________

b. Number of Years as Supervisory Contract Specialist/Administrator___________

c. Number of Years as Contracting Officer___________________________________

Date(s):_____________________________ Grade:___________________________

Position_____________________________ Duties: __________________________

d. Number of Years of Other Directly Pertinent Experience ____________________

IV. TRAINING. Identify satisfactory completion of acquisition requirements reflected in DFARS 201.603-2 and implemented by the Defense Acquisition Workforce Improvement Act (DAWIA).

a. DAWIA Certification Level: ___________________________________________

V. NECESSITY FOR APPOINTMENT. (Provide sufficient rationale to justify both the need for appointment and the appointment level).

VI. REQUESTED CONTRACTING OFFICER AUTHORITY AND LIMITATIONS.

(Identify type of authority being requested including maximum dollar authority, and identify any limitations (e.g., no T for D authority).

VII. FILE VERIFICATION.

The applicant’s information was verified against their personnel file. (State if any information was not verifiable).

VIII. SIGNATURES.

____________________________ _________________________________________

Name of Applicant (Type or Print) Name of Recommending Official (Type or Print)

____________________________ _________________________________________

Signature of Applicant/Date Signature of Recommending Official/Date

1.603-3-90(b) Changed appointments.

(1) A changed appointment is an appointment revised to reflect new information on the face of the SF 1402. Such changes may be accomplished at any time based upon the request of an HCO, or if directed by the HCA. A change to an appointment may either be fundamental or administrative in nature. A "fundamental" change represents a change to the scope of the contracting officer's responsibility and authority as reflected by a change to the limitations presented on the face of the SF 1402. Any other change shall normally be viewed as an "administrative" change. Examples of administrative changes are those that correct spelling, punctuation, or any wording on the face of the SF 1402 (e.g., reflecting a name change due to marriage) without changing the force and effect of the appointment.

(i) A fundamental change to an appointment shall be viewed and processed as a new appointment concurrent with termination of the existing appointment. All documentation required to support a new appointment is required to support a fundamental change to an existing appointment.

(ii) Upon written request of an HCO, an administrative change may be accomplished to an existing appointment via simplified procedures tailored to fit the specific need. All administrative changes to an SF 1402 will require approval and issuance of a new SF 1402 by the HCA.

SUBPART 1.90 — PROCUREMENT OVERSIGHT

1.9000 Solicitation/Contract Review. (REVISED APRIL 2008, DISA AC 03-20)

(a) Documented legal and policy compliance reviews shall be obtained prior to the release of solicitations, contracts (including letter contracts), orders (including CSAs, task or delivery orders issued against indefinite delivery contracts, orders against GSA Federal Supply Schedules and orders placed against Blanket Purchase Agreements), modifications, and termination actions expected to exceed an estimated or actual contract value of $5 million, including options. Reviews are not required for Inquiries issued pursuant to the Inquiry/Quote/ Order process, funding modifications outlined in FAR 32.703-2, funding program years under multiyear contracting, modifications exercising contract options, pre-priced orders issued against established indefinite delivery contracts (task orders for information technology services which include labor hours, labor categories, and/or material costs that are subject to evaluation/negotiation are not pre-priced orders), or contracts or orders for commercial items using the simplified acquisition procedures authorized under the test program set forth at FAR Subpart 13.5. Legal and policy compliance reviews below this dollar threshold may be accomplished at the discretion of the contracting officer or the Head of the Contracting Office (HCO). Contracting officers should obtain documented legal review for all contractual documents of any dollar value that the contracting officer determines may lead to a dispute or claim, is complex or unusual in nature, or has known Congressional or Agency special interest. When legal and policy reviews are required, documentation of these reviews and contracting officer disposition of any comments provided shall be retained in the contract file.

(b) DITCO-Europe, DITCO-Pacific, and DITCO-Scott shall obtain legal and policy compliance reviews of contractual documents from legal counsel and the independent contract reviewer located at DITCO-Scott. DITCO-National Capital Region (NCR) shall obtain legal review from counsel located at NCR and policy compliance review from the Quality Assurance Branch (PL22).

(c) A minimum of two business days for legal and policy compliance reviews should be factored into the procurement process. The contracting officer shall ensure a complete solicitation package or contract file including all supporting documentation is submitted concurrently to legal and policy for review. In circumstances where legal and policy compliance reviews must be delayed (not waived), the contracting officer shall obtain written approval from the HCO to proceed with the procurement, but shall obtain legal and policy compliance review after the fact but as soon as reasonably practicable. Written documentation shall justify the circumstances for such an action and shall be retained in the contract file.

1.9001 Procurement Management Reviews (PMRs) and Special Interest Reviews . (REVISED SEPTEMBER 2008, DISA AC 03-23)

(a) Chief, Quality Assurance Branch (PL22) will establish and maintain DISA’s Procurement Management Review (PMR) program, conduct Special Interest Reviews, and assist the Agency with other reviews as appropriate. PMRs assist the Head of the Contracting Activity (HCA) and the Vice-Director, as the Agency Senior Procurement Executive, in evaluating DISA’s procurement processes including DISA’s Purchase Card Program. PMRs also assist the Contracting Chiefs and Commanders with improving the operational efficiency and effectiveness of their contracting organizations. This is accomplished through the assessment of internal management controls, acquisition policies and procedures, and annually certifying to the Secretary of Defense that the procurement system meets established statues, regulations, and policies. Additionally, the results of the internal PMRs are used to assess the procurement organization’s ability to sustain external scrutiny such as DoD Inspector General (DoDIG) Audits, General Accountability Office (GAO) Audits, external PMRs, and other independent reviews.

(b) PMRs are conducted on the HCA’s four Defense Information Technology Contracting Organizations (DITCOs):

(1) DITCO-National Capital Region (NCR)

(2) DITCO-Europe

(3) DITCO-Pacific

(4) DITCO-Scott

A-123:

(1) Sound contracting business decisions;

(2) Effective competition, small business, and other procurement initiatives;

(3) Pricing Techniques;

(4) Types of Contracts;

(5) Market Research;

(6) Customer satisfaction;

(7) Designation of Contracting Officers Representatives (CORs) and Task Monitors (TMs);

(8) Performance-Based Acquisition (PBA) – Quality Assurance Surveillance Plans (QASPs);

(9) Contract Award and Incentive Fee Process

(10) Wide Area Work-Flow-Receipt and Acceptance (WAWF-RA);

(11) Contract Close-out;

(12) Purchase Card Program;

(13) Overall internal management controls;

(14) Proper separation of functions and duties;

(15) Proper Government oversight; and

(16) Adequate checks and balances.

(d) Special Interest Reviews are conducted at the request of the HCA or Vice Director on other DISA organizations. These reviews evaluate --

(1) Contracting Officer’s Representatives (CORs) and/or Task Monitors (TMs);

(2) Limited Contracting Officer’s warrants;

(3) Purchase cardholders and approving officials; and

(4) Other areas as appropriate.

(e) Chief, Quality Assurance Branch (PL22) or designee will be the final decision authority for unresolved PMR issues.

(f) Chief, Quality Assurance Branch (PL22) will appoint a PMR Coordinator who will:

(1) Conduct PMRs on contracting offices at least once every 12-18 months;

(2) Conduct special interest reviews at the request of the HCA or Vice Director;

(3) Assist with Agency reviews when requested;

(4) Conduct follow-up reviews to validate corrective action taken from previous identified findings and recommendations;

(5) Identify systemic issues;

(6) Establish and maintain PMR statistics for the Procurement Directorate’s Balanced-Scorecard (BSC);

(7) Establish and lead the PMR team;

(8) Issue a draft report allowing sufficient time for comments;

(9) Consider comments received prior to release of the final report;

(10) Ensure final report requires the appropriate organization to provide a Plan of Action and Milestones (POA&M) for correcting all findings and recommendations; and

(11) Release the final report to the organization after approval by the HCA.