DARS Subpart 201.170 – Peer Reviews
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
TABLE OF CONTENTS
SUBPART 1.1 - PURPOSE, AUTHORITY, ISSUANCE
1.101 Purpose
1.103 Authority
201.104 Applicability
1.105-3 Copies
201.170 Peer Reviews
SUBPART 1.2 - ADMINISTRATION
1.201 Maintenance of the DARS
1.201-1 The two councils
SUBPART 1.3 - AGENCY ACQUISITION REGULATIONS
201.301 Policy
201.303 Publication and codification
201.304 Agency control and compliance procedures
SUBPART 1.4 - DEVIATIONS FROM THE FAR
201.402 Policy
SUBPART 1.5 - AGENCY AND PUBLIC PARTICIPATION
1.501-2 Opportunity for public comments
SUBPART 1.6 - CONTRACTING AUTHORITY AND RESPONSIBLITIES
201.602-2 Responsibilities
1.602-3 Ratification of unauthorized commitments
1.603 Selection, appointment, and termination of appointment
1.603-1 General
201.603-2 Selection
201.603-3 Appointment
SUBPART 1.90 - PROCUREMENT OVERSIGHT
1.9000 Solicitation/contract review
1.9001 Head of the Contracting Activity notification of contract actions
1.9002 Procurement Management Review (PMRs) and Special Interest Reviews
PART 1 -- FEDERAL ACQUISITION REGULATIONS SYSTEM
SUBPART 1.1 -- PURPOSE, AUTHORITY, ISSUANCE
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.
The Director for Procurement (PLD), issues the DARS by authority of the Director, DISA, (DISAI 260-5-1).
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.
Copies of the DARS and associated acquisition policies and procedures are available electronically via the DISA Acquisition Policy and Guidance web site: http://www.ditco.disa.mil/hq/aqinfo.asp.
(a) (2) The DISA Component Acquisition Executive (CAE) and Head of the Contracting Activity (HCA) shall jointly provide a rolling annual forecast of acquisitions with an anticipated value of $1billion or more (including options) at the end of each quarter to the Director, Defense Procurement, Acquisition Policy, and Strategic Sourcing (OUSD(AT&L(DPAPSS)) on a quarterly basis.
(b) The DISA Joint Acquisition and Contracting Peer Review Program for Supplies and Services establishes policy and procedures for conducting Peer Reviews of all solicitations, contracts, and task orders/delivery orders with a total value equal to $50 million or more, but less than $1 billion, with the exception of communication service authorizations (CSAs) issued using the DISA streamlined Inquiry/Quote/Order (IQO) process or issued against an indefinite delivery contract.
(S-90) Objective. The objective of the DISA Peer Review Program is to ensure that contracting officers across DISA are implementing policy and regulations in a consistent and appropriate manner, continue to improve the quality of contracting processes across DISA, and facilitate the cross-sharing of best practices and lessons learned across DISA.
(S-91) Decision Points. Peer Reviews shall be conducted at the following decision points:
(1) Competitive Supplies and Services
(i) Prior to the release of the solicitation
(ii) Prior to the issuance of the request for final proposal revision (FPR)
(iii) Prior to award
(2) Non-Competitive Supplies and Services
(i) Prior to negotiation
(ii) Prior to award
(3) Post-Award (Services Only)
(i) Mid-point of the initial performance period if in excess of one year and annually thereafter
(ii) Prior to exercising each option period
(S-92) Peer Review Team Composition. Peer Reviews and the chartering of team members will be addressed in the acquisition review board when one is required for the acquisition. Team members shall be identified and appointed prior to the final acquisition strategy or acquisition plan. The teams shall be multi-functional, based on experience and knowledge of the individual requirement and acquisition process, be able to address the quality of the requirement, plan for oversight and contracting issues, processes, and procedures.
At a minimum, teams will be comprised of representatives from the Procurement Directorate (PLD), Office of General Counsel (OGC), and technical representatives as appropriate for an individual acquisition. Each PLD, OGC, and Technical representative must be independent/outside the office being reviewed. Technical representatives may include personnel from the logistics, engineering, or program management. Personnel directly involved in or with cognizant authority for the acquisition shall not be members of the peer review team. For contracting team members, members shall be selected, in order of descending preference as follows: from a different DISA contracting office, division, or branch.
All travel and TDY expenses shall be paid by the organization or directorate providing the team member. The use of collaborative communication tools, such as DCO, are encouraged where practicable to conduct a review.
Team members are appointed at the inception of the peer review process and are expected to serve on the all peer review decision points for the acquisition, unless otherwise stated in the appointment letter or replaced by the appointing authority.
(S-93) Peer Review Procedures. Peer Review requests should be submitted using Appendix J, Attachment 5. The requesting office (RO), usually the Program Management’s office, will submit the peer review request concurrently to CAE and PLD, via the PL2 Division Chief, as soon as a procurement requiring peer review is identified. For acquisitions in support of non-DISA customers, the cognizant HCO will initiate the peer review request and identify the point of contact for CAE to request technical team members.
PLD and CAE approval is only required at the beginning of the Peer Review process and is not required again for subsequent decision points. See CAE Guideline 8, Independent Reviews, at DISA workspaces https://workspaces.disa.mil/gm/folder-1.11.329568 for more information on CAE’s role in the peer review process.
The members of the Peer Review team are appointed as follows: CAE will appoint the technical team member(s), PLD will appoint the contracting team member(s), and GC will appoint the general counsel team member(s). Upon CAE and PLD concurrence on the request for a peer review, the PL2 Division Chief will send OGC a request to appoint a legal representative and a request to the cognizant HCO to nominate a contracting representative for HCA approval. Requests for nominations of team members will be in accordance with Appendix J, Attachment 6.
For contracting team members, the cognizant HCO will nominate a contracting representative using a DISA Form 9 for HCA approval and appointment. The DISA Form 9 shall be routed to the PL2 Division Chief and, at a minimum, state the title, description, and dollar value of the procurement, phase of Peer Review (pre-solicitation, pre-award, etc.) and the contracting nominee’s name, position/title, contracting division/branch, and contracting experience (years and types of procurements).
Upon appointment, in accordance with Appendix J, Attachment 7, the SPE, CAE, GC, and PLD will receive courtesy copies of all appointments.
The contracting officer shall provide soft copy read-aheads of all required documentation to each peer review team member at least 3-5 full business days in advance of the scheduled Peer Review meeting. Documents should be coordination-ready, not draft stages. The contracting officer should refer to the applicable checklists in Appendix J, Attachments 1 through 4 when determining read-ahead documents for team distribution. This will facilitate an efficient Peer Review, improve the quality of the Peer Review reports, and avoid adding unnecessary procurement administrative lead time.
(S-94) Peer Review Reports. Peer Review report shall be completed and distributed immediately after the conclusion of the review and is required to address the following areas at a minimum:
1) The checklists in Appendix J, Attachments 1 through 4 must be completed and any area that is assessed to be deficient or not applicable will require a written explanation of the supporting rationale.
2) Critical deficiencies which violate policy, regulation, or statute.
3) Recommendations for improvements that if enacted would improve management and oversight of the contract, improve efficiency or reduce cost, or yield other benefits for the instant or similar future requirements.
4) Best practices which if enacted across DISA contracts would improve the execution, management, or oversight of contracts; improve efficiency or reduce cost, or yield other benefits.
5) Lessons learned regarding the peer review process, which if shared across DISA contracts would improve the efficiency of the review process.
(S-95) Distribution of Peer Review Reports. Peer review reports shall be distributed to the following parties:
● Contracting Officer - For disposition and inclusion in the contract file. Contracting officers shall ensure that the peer review report and disposition of all peer review recommendations is documented are documented in the contract file prior to proceeding to the next phase of the procurement.
● Cognizant Head of the Contracting Office (HCO)
● Head of the Contracting Activity (HCA)
● Component Acquisition Executive (CAE)
● PL22 Quality Assurance Branch Chief to compile findings and recommendations from peer review reports, analyze trends, and make recommendations on repetitive deficiencies or recommendations/observations to improve the quality of future requirements documents and acquisitions.
(S-96) Waivers. If critical mission performance circumstances necessitate the request of a waiver from one or more of the peer reviews, the waiver request should be forwarded to the Head of the Contracting Activity (HCA). Waivers will be granted only in extreme circumstances with the approval of both the Head of the Contracting Activity (HCA) and the Component Acquisition Executive (CAE). Waiver requests shall be approved prior to proceeding with an action without a peer review. Waivers may only be requested for procurements valued under $1 Billion.
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 09-01).
(S-90) Submit proposed revisions to the FAR, DFARS, and DARS to DISA PL2 via the “PLPolicy” 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 PL21 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
The DISA Acquisition Regulation Supplement (DARS) will be numbered in accordance with the method prescribed in DFARS Subpart 201.3-Agency Acquisition Regulations(Revised November 1, 2004).
201.303 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.
(ii) To the extent practical all DARS text (whether implemental or supplemental) will be numbered as if it were implemental in accordance with DFARS Subpart 201.303-Publication and Codification. Supplemental numbering will only be used when the text cannot be integrated intelligibly with its FAR or DFARS counterpart. DARS supplements must parallel the FAR and DFARS, with the exception that supplemental sections are numbered using 90 or (S-90). Parts, subparts, sections, or subsections are supplemented by the addition of a number of 90 and up. Lower divisions are supplemented by the addition of a number of (S-90) and up. DARS provisions or clauses use a four digit sequential number in the 9000 series, e.g., -9000, -9001, -9002.
(iii) The table shown in DFARS Subpart 201.303(D), DFARS Numbering provides an example of the numbering system. Sample Table with DARS Numbering below
FAR |
DFARS Implements FAR As |
DFARS Supplements FAR As |
DARS Supplements DFARS As |
19 |
219 |
219.70 |
219.70 |
19.5 |
219.5 |
219.570 |
219.570 |
19.501 |
219.501 |
219.501-70 |
219.501-90 |
19.501-1 |
219.501-1 |
219.501-1-70 |
219.501-1-90 |
19.501-1(a) |
219.501-1(a) |
219.501-1(a)(S-70) |
219.501-19(a)(S-90) |
19.501-1(a)(1) |
219.501-1(a)(1) |
219.501-1(a)(1)(S-70) |
219.501-1(a)(1)(S-90) |
(S-90) Subparts will be enumerated using the numbering convention used by the FAR. Sections under subparts will be enumerated using FAR or DFAR numbering conventions, depending on whether the FAR or DFAR is being implemented or supplemented.
201.304 Agency control and compliance procedures.
(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.
(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).
(iii) 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.
(1) 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.
(2) The originator of the deviation is responsible for preparing the support package and proposed deviation language.
(3) The originator of the deviation shall prepare the documentation to support any required analysis.
(S-91) 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
1.501-2 Opportunity for public comments.
(S-90) 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
(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 and/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) is 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.
(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.
(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.
All candidate and active CORs and TMs shall refer to the approved DISA COR and TM Career Management Program Guide (CMP) available at https://cmis.disa.mil/lib/files/site/cmpguide-1.pdf 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.
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/aqinfo.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 http://www.disa.mil/gc/initial_ethics.html. [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. 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://cmis.disa.mil/training/dots3/main.cfm. 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. Other courses may be considered, with a written statement of acceptability by the DISA contracting officer. Individuals should refer to the COR and TM MDP at https://cmis.disa.mil/lib/files/site/cmpguide-1.pdf 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 https://cmis.disa.mil/training/onlinetraining/. 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. All DISA CORs and TMs supporting DISA contracts must provide validated and documented attendance or video teleconference (VTC) participation and 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://cmis.disa.mil/training/dots3/main.cfm) for physical attendance or VTC participation in DISA COR/TM Training Days.
(iii) Mandatory COR/TM Functional or Contract Related Training. 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 CMP at https://cmis.disa.mil/lib/files/site/cmpguide-1.pdf 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 CMP 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.
(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 CMP (https://cmis.disa.mil/lib/files/site/cmpguide-1.pdf).
(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(2)(v) 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 and modify as appropriate. 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.
(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 position 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.
(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.
(S-97) DITCO HCOs are responsible for developing and keeping a current database of COR and TM information.
(1) 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.
DISA AC 09-01 – DARS Subpart 1.603
Contract Officer Appointment Procedures
1.603 Selection, appointment, and termination of appointment.
(a) The authority in FAR 1.603-1 for selection, appointment, and termination of DISA contracting officers is delegated to the DISA Head of the Contracting Activity (HCA), or acting HCA, without power of re-delegation.
(S-90) The process for unlimited contracting officer appointments includes submission of a nomination package (see DARS 1.603-1(S-91)), successful completion of a contracting officer appointment test (see DARS 1.603-3(S-91)), a contracting officer appointment review board (see DARS 1.603-3(S-90)), and the presentation of the contracting officer certificate of appointment (SF 1402) by the HCA (see DARS 1.603-3(S-93)). The process for limited contracting officer appointments includes submission of a nomination package (see DARS 1.603-1(S-90)), successful completion of a contracting officer appointment test (see DARS 1.603-3(S-91)), and the presentation of the contracting officer certificate of appointment (SF 1402) by the HCA (see DARS 1.603-3(S-93)). The HCA may waive the test and/or review board requirements for a candidate after reviewing the candidate’s “Application for Appointment as a Contracting Officer” and discussing the candidate’s credentials with the HCO.
(S-91) It is the responsibility of a candidate’s immediate supervisor and HCO to prepare a candidate for the contracting officer appointment process, including authorizing individual study and providing practice/mock tests and boards as appropriate.
(S-92) Nomination packages. The Head of the Contracting Office (HCO) shall submit requests for contracting officer appointments to the Procedures Branch (PL23) via email, to include the “Application for Appointment as a Contracting Officer” (see DARS 1.603-2(S-91)) as an email attachment. After reviewing the criteria for selection at DARS 1.603-2, the candidate shall prepare the request and staff the nomination package through their respective management chain-of-command and obtain endorsement by the Head of the Contracting Office (HCO). Include the following information in Section V. of “Application for Appointment as a Contracting Officer.”
(1) Programs/workload to be supported by the appointment as well as a brief description of the magnitude, complexity, contract types and unique features and provisions of contract actions.
(2) Indicate if the proposed appointment is necessary due to expanded workload or replacement of another contracting officer (include name of contracting officer being replaced).
(S-90) Types of appointments and minimum qualifications.
As necessary to meet the needs of the Agency, DISA contracting employees in the 1102 series, or military equivalent, 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. The only exception to the requirement for a DISA employee to be in the 1102 series, or military equivalent, to be eligible for contracting officer appointments are DISA Communications Management and Control Activity (CMCA) personnel who seek appointments based on DISA CMCA OPLAN 08-01. The standard types of contracting officer appointments and minimum experience and training requirements for appointment are set forth below in Table 1-1. Minimum education qualifications for appointment above the simplified acquisition threshold are set forth at DFARS 201.603-2 http://www.acq.osd.mil/dpap/dars/dfars/html/current/201_6.htm. The HCA may grant a deviation to the minimum experience and/or training requirements for appointment on a case-by-case basis but cannot grant a deviation to the education requirements. If an HCO require an HCA deviation to the minimum experience and/or training requirements for a candidate in order to meet mission requirements, the HCO must provide written justification to the HCA and obtain written HCA approval of the deviation prior to submitting a nomination package to PL23 for processing. The written HCA approval of the deviation must be included with the nomination package.
APPOINTMENT PARAMETERS |
MINIMUM QUALIFICATIONS [ | |||
Type of Appointment |
Maximum $ Authority |
Contracting Experience |
Training |
SF 1402 Limitation Statements* |
Communications Management & Control Activity (CMCA) |
$25K |
Not Applicable |
CON 110, CON 111, CON 112 & CON 237 |
5 |
Purchase Card |
$100K |
Not Applicable |
DAWIA Level I - Purchasing or Contracting and completion of all mandatory purchase card training |
8, 10 |
FTS2001/Networx |
$100K |
2 Years |
DAWIA Level I - Purchasing or Contracting |
7 |
WHCA |
$500K |
2 Years |
DAWIA Level II Contracting |
9, 10 |
SAT |
$100K |
2 Years |
DAWIA Level II Contracting |
1, 10 |
Basic |
$1M |
3 Years |
DAWIA Level III Contracting |
1, 10 |
Intermediate |
$10M |
4 Years |
DAWIA Level III Contracting |
1, 10 |
Senior |
$50M |
5 Years |
DAWIA Level III Contracting |
1, 10 |
Unlimited |
Unlimited |
6 Years |
DAWIA Level III Contracting |
4 |
Tariff Changes |
Unlimited |
5 Years of tariff experience |
DAWIA Level III Contracting |
6 |
* SF 1402 Limitations Statements (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 Contract authority is limited to $25,000 for any contract action for information technology services and equipment in support of the US Secret Service, the Office of the Secretary of Defense, and Office of Special Events
6 Authority is limited to authorizing automatic contract file conversions to revise tariff rates
7 Contract authority is limited to placing orders for pre-priced items under the FTS2001 and Networx contracts
8 Contract authority is limited to single purchase transactions not to exceed $xxx,xxx ($100,000 maximum) using the Governmentwide purchase card and the limitations contained in the DISA Purchase Card Program deskbook. Purchase card transactions above the micropurchase threshold ($3,000) are limited to orders against contracts established under FAR Part 8 procedures or other established government contracts (i.e., Indefinite Delivery contracts, Blanket Purchase Agreements)
9 Contract authority is limited to $100,000 for any contract action; except, contract authority is $500,000 for orders issued against existing Government contracts or contracts established under FAR Part 8 procedures. No authority to contract for telecommunications services that are usage based, include monthly recurring charges, or are subject to regulatory tariffs is included
10 No authority for termination is included
(S-91) Application for appointment as a contracting officer.
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.
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: ___________________________________________
b. DAWIA Certification Career Field: _____________________________________
V. NECESSITY FOR APPOINTMENT. (Provide sufficient rationale to justify both the need for appointment and the appointment level to include the information required by DARS 1.603-1 (S-92) (1) and (2)).
VI. REQUESTED CONTRACTING OFFICER AUTHORITY AND LIMITATIONS.
(Identify type of authority being requested including maximum dollar authority, and identify any limitations using the applicable SF 1402 Limitations Statement identified in Table 1-1.).
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
* Provide name exactly how the applicant intends to sign contractual documents.
(S-92) Application review.
Upon submission of the nomination package by the HCO to PL23, PL23 will review the package for completeness to ensure the candidate meets the minimum qualification criteria for the requested appointment. If the candidate meets the minimum qualification criteria, PL23 will forward the nomination package to the HCA, through PL2 and the PLD Deputy Director, and request HCA authorization to proceed with a contracting officer appointment review board for unlimited appointment requests (see DARS 1.603-3(90)) or a contracting officer appointment test for limited appointment requests (see DARS 1.603-3(91)). Upon HCA authorization to schedule a contracting officer appointment review board for a candidate seeking an unlimited appointment, PL23 will provide a copy of the candidate’s nomination package to all review board members as identified by the HCA. PL23 will notify the HCO of the HCA’s authorization to proceed to the review board. It is the responsibility of the HCO and candidate to coordinate the schedule of the review board with the review board chairperson. For limited contracting officer appointment requests, upon authorization from the HCA to proceed with the contracting officer appointment test, PL23 will notify the HCO and request the HCO to schedule the test with the candidate.
(S-90) Unlimited appointments.
(1) A candidate seeking an unlimited contracting officer appointment must successfully complete a contracting officer appointment test (see DARS 1.603-3(S-91)) prior to going before a contracting officer appointment review board. If the candidate previously successfully completed a contracting officer appointment test in obtaining a DISA limited contracting officer appointment, the candidate does not have to re-take the test.
(2) A formal contracting officer appointment review board shall be conducted to determine if the candidate is qualified for appointment as a contracting officer with an unlimited appointment. The review board will be chaired by either the PLD Director or the PLD Deputy Director. In addition to the review board chairperson, the review board shall also include, at a minimum, the candidate’s HCO (or acting HCO) and a representative from the DISA Legal Office and the PLD Policy, Quality Assurance and Procedures Division (PL2). Additional board members (e.g., senior contracting officers, cost/price analysts, program management and/or financial management personnel) may also be included at the discretion of the review board chairperson.
(3) The contracting officer appointment review board may discuss the qualifications of the candidate with the HCO prior to formally convening the review board.
(4) The contracting officer appointment review board may be conducted either face-to-face or via VTC at the discretion of the review board chairperson.
(5) During the contracting officer appointment review board, the candidate will be presented with a series of scenario-based questions on various acquisition topics. The candidate will then discuss in depth and/or answer questions on the acquisition topics posed by the review board members. At the conclusion of the contracting officer appointment review board, the review board chairperson will provide the review board’s recommendation to the HCA on the requested appointment.
(S-91) Limited appointments.
(1) Candidates for limited contracting officer appointments shall be required to successfully complete a time limited, proctored, computer examination to assess contracting knowledge and research ability. CMCA, purchase card, and FTS 2001/Networx contracting officer appointments are exempt from the testing requirements. In addition, a contracting officer with a limited appointment who has previously successfully completed the contracting officer appointment test does not have to retake the test to qualify for an increased limited appointment. However, a contracting officer with a limited appointment who has not previously successfully completed the contracting officer appointment test does have to take the test to qualify for an increased limited appointment.
(2) The contracting officer appointment test is open-book/open-computer with access to the FAR, DFARS and DARS, but assistance to the candidate taking the test by another individual or group is not permitted. The candidate may use formally published contracting materials, but shall not use informal training material or notes. The candidate shall be given seven hours over the course of one day to complete the test (two one hour and forty five minute sessions in the morning and two one hour and forty five minute sessions in the afternoon). A candidate must score an 85% (68 points out of 80 possible points) or better to pass the test. A passing score does not guarantee a contracting officer appointment.
(3) Each test shall be comprised of 40 true-false, multiple-choice, and fill-in-the-blank questions pertaining to the FAR, DFARS, and DARS. Ten questions will be provided for completion in each of the four one hour and forty five minute sessions. The test shall consist of 30 questions from the following sections of the FAR, DFARS and DARS.
Required Questions
FAR Part / Subject |
Questions | |
1 |
FAR System |
1 |
3 |
Improper Business Practices |
1 |
6 |
Competition Requirements |
2 |
7 |
Acquisition Planning |
2 |
15 |
Negotiations |
5 |
16 |
Types of Contracts |
3 |
17 |
Special Methods |
3 |
19 |
Small Business Programs |
3 |
32 |
Contract Financing |
2 |
33 |
Protests, Disputes and Appeals |
2 |
37 |
Services |
3 |
42 |
Contract Administration |
2 |
43 |
Modifications |
1 |
The remaining 10 questions will be from specific sections of the FAR, DFARS, or DARS as dictated by the type of work for which the contracting officer appointment will be used.
(4) Test results shall be provided to the candidate, the candidate’s immediate supervisor, the HCO and the HCA.
(5) On a case-by-case basis, the HCA may allow accommodations for special needs employees to include relaxation of the seven hour time limit to complete the test, or accommodations for employees with visual or mobility issues, or those requiring voice-assisted software, etc.
(6) If the candidate correctly answers both the question and the reference indicating where the candidate found the answer, then the candidate shall be granted two points. If the candidate answers the question correctly, but answers the reference incorrectly, the candidate shall be granted one point. If the candidate answers the question incorrectly, but answers the reference correctly, the candidate shall not be granted any points. In this last scenario, an incorrect answer but where the candidate correctly answered the reference demonstrates the candidate did not understand the regulation and, therefore, shall not be granted any points. The following illustrates the scoring methodology:
References shall be provided to the lowest possible level as illustrated below. Subdivisions below the paragraph level (e.g. FAR 15.403-1(c)(1)(i)(A) ) are acceptable, but are not required.
(7) PL23 shall be responsible for maintenance of PLD test questions. Test questions residing within the test question database shall be maintained by PL23, including addition/deletion of questions and modifications to existing questions and/or references as dictated by publication of new policy.
(8) Each HCO shall appoint a test administrator to construct, schedule, and proctor the computer-based contracting officer appointment test for their candidates. The electronic version of the contracting officer appointment test shall remain in the possession of the test administrator who is accountable and responsible for ensuring the test remains secure, so as not to invalidate the contracting officer appointment testing process/program. Candidates are prohibited from duplicating or discussing the questions with others, so as not to compromise the integrity of the testing process.
(9) The test administrator is responsible for scoring and validating test results, manually adjusting the test score, as appropriate, and identifying to PL23 when test question/database maintenance is required. The candidate may dispute the accuracy of the test questions and/or reference to the test administrator. If the test question or reference was in error, the test administrator shall manually adjust the test score.
(10) Candidates may retake the test a second time as early as the next scheduled test. Candidates who do not pass after two attempts may retake after 60 days. The HCA may waive the retesting time.
(11) Upon successful completion of the test, the HCO will provide the HCA and PL23 with the test results and the HCO will request the HCA approve the contracting officer appointment request and sign the SF 1402.
(S-92) 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 to PL23, 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 termination of the existing appointment and approval and issuance of a new SF 1402 by the HCA.
(S-93) Presentation of certificates of appointment.
The HCA approves all requests for appointment, termination, and reissuance and signs all contracting officer appointment certificates. The HCA, or designee, shall meet with each newly appointed contracting officer. This meeting shall emphasize the duties inherent with a contracting officer appointment, including fiduciary and ethical responsibilities. The HCA shall provide the new contracting officer clear instructions regarding the limits of their authority.
(S-94) Administration of appointments.
(1) Each SF 1402 will be sequentially numbered by calendar year. PL23 will maintain the master contracting officer records (e.g., Applications for Appointment as a Contracting Officer, test results, contracting officer appointment board review results and copies of SF 1402s) to document the candidate meets the required training, education, and experience requirements.
(2) PL23 will maintain an electronic contracting officer database on the DITCO Intranet web site and validate the accuracy of the database information at least annually.
(3) 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.
SUBPART 1.90 — PROCUREMENT OVERSIGHT
1.9000 Solicitation/Contract Review.
(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 concurrently available 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 .
(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
(c) PMRs assess the following, which include GAOs High Risk Areas and OMB Circular
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.