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 for Procurement (PLD), issues the DARS by authority of the Director, DISA, (DISAI 260-5-1).

201.104 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.ditco.disa.mil/hq/aqinfo.asp.

201.170 Peer Reviews.

(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. See http://www.acq.osd.mil/dpap/cpic/cp/peer_reviews.html.

(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 willbe 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 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:

(1) 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.

(2) Cognizant Head of the Contracting Office (HCO)

(3) Head of the Contracting Activity (HCA)

(4) Component Acquisition Executive (CAE)

(5) 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.

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 09-01).

1.201-1 The two councils.

(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

201.301 Policy

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 Templates, Samples, Guides, and 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 Documents.

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

SUBPART 1.4 -- DEVIATIONS FROM THE FAR

201.402 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).

(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.

AC 11-10

Subpart 1.6

Approved 15 July 2011

SUBPART 1.6 — CONTRACTING AUTHORITY AND RESPONSIBILITIES

201.602-2 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) CORs 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 in support of a DISA contract, their appropriate functional title is DISA COR (primary or alternate). Contracting officers shall only use these titles (COR) in their designation letters.

(3) The title Task Monitor is no longer valid because the title conflicts with policies and instructions within DFARS 201.602 and PGI 201.602-2. Therefore, the new task order technical monitor will be called Task Order COR.

(4) A Technical Representative (TR) is distinctly different from a COR. 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 shall be identified in writing along with their appropriate training, qualifications, experience and other considerations in a COR Nomination letter prepared by the requirements office and forwarded to the appropriate DISA contracting officer. All CORs shall possess the training and technical skills required to monitor and administer the specific, assigned duties.

(S-92) Training: DISA CORs are responsible for taking all training indicated in their respective Individual Development Plans (IDP), COR 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 Nomination letter and provide the individual with a written notice of acceptability in the form of an electronic mail (E-mail) message. Individuals are advised to keep the notice of acceptability as part of their COR files.

All candidate and active CORs shall refer to the approved Department of Defense (DoD) Contracting Officer Representative Tracking Tool (CORT Tool) available at http://www.acq.osd.mil/dpap/pdi/eb/cor.html and https://arc.army.mil/DODCOR/in conjunction with development of their IDPs. Supervisors of personnel nominated for or designated as DISA CORs 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 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 designation letter from the DISA contracting officer.

The following DISA mandatory, alternative or optional initial and annual refresher COR training requirements incorporate greater flexibility for satisfactory completion and certified qualification by DISA personnel.

(1) Initial Training. BEFORE taking DISA COR initial or refresher training, individuals should read and acquaint themselves with this DARS subpart, the DISA COR Acquisition Deskbook, and the information available on COR training. In accordance with The Under Secretary of Defense Acquisition and Logistics memorandum dated March 29, 2010, DoD Standard for Certification of Contracting Officer’s Representatives (COR) for Service Acquisitions.

This information is accessed through the DISA PLD homepage “Acquisition, Policy and Guidance” link at http://www.ditco.disa.mil/hq/aqinfo.asp. A COR shall complete their training based on the following type of requirements:

Type A: FIXED-PRICE, LOW PERFORMANCE RISK REQUIREMENTS

Nature of Requirement: Fixed-price requirements without incentives, low performance risk. Attributes of such requirements might include: lack of technical or administrative complexity, no identifiable risk factors; limited requirement for technical expertise; low likelihood of modification; effort is follow-on to an existing contract.

COR duties/responsibilities are generally limited to minimal technical and/or administrative monitoring of the contract.

Required Competencies: Upon Completion of mandatory training, COR should be able to perform at least the following competencies in a manner consistent with the nature of Type A work/requirements:

1. Assist in acquisition planning.

2. Assist in contract award process.

3. Establish/maintain COR file with all required documentation.

4. Indentify/prevent unethical conduct and instances of fraud/waste/abuse.

5. Perform technical/administrative monitoring and reporting duties in accordance with letter of delegation and surveillance plan.

6. Recommend/monitor proposed changes.

7. Monitor contract expenditures/payments.

8. Monitor contract schedule compliance.

9. Perform liaison duties between the Contracting Officer, the Requiring Activity, and the contractor for management of the contract.

10. Inspect, accept, or reject deliverables during contract performance and at close-out in conformance with contract terms and conditions.

11. Monitor the control/disposition of Government furnished assets.

12. Perform surveillance in a contingency environment, when applicable.

Experience: Minimum of 6 Months Experience (may be waived by the requiring activity. Waiver to be addressed in nomination package) and relevant technical experience and other general competencies (as determined by the nominating supervisor for the Contracting Officer’s consideration and appointment)

Required Training:

1. DAU CLC 106, Contracting Officer’s Representative (Basic)

2. DAU COR 206, COR in a Contingency Environment (when applicable)

3. CLM 003, Ethics Training for Acquisition Technology and Logistics

4. DISA Ethics Training

5. DoD WAWF Training

6. Additional Training as required by CO

● 6 hour DISA COR Training Day

Type B: Other than Fixed Price, Low Performance Risk Requirements

Nature of Requirement: Other than Fixed Price, Low Performance Risk Requirements. Attributes of such requirements might include: the nature of the work is more complex; effort will be performed in multiple regions/remote geographical locations, contract contains incentive arrangements or cost sharing provisions, contract is a cost type of Time and Material/Labor Hour type, or Fixed Price Level of Effort.

COR Duties/Responsibilities: Increased complexity (from Level A requirements).

Required Competencies:

1. Assist in acquisition planning.

2. Assist in contract award process.

3. Establish/maintain COR file with all required documentation.

4. Identify/prevent unethical conduct and instances of fraud/waste/abuse.

5. Review technical submittals/ensure compliance with Performance Work Statement (e.g. perform technical monitoring and reporting in accordance with a Quality Surveillance Plan)

6. Perform administrative monitoring and reporting duties (e.g., handle security issues, attend meetings, etc.)

7. Recommend/monitor proposed changes.

8. Monitor contract expenditures/payments.

9. Monitor contract schedule compliance.

10. Perform liaison duties between the Contracting Officer and the contractor for management of the contract.

11. Inspect, accept, or reject deliverables during contract performance and at close-out in conformance with contract terms and conditions.

12. Review and validate that contractor payment requests are commensurate with performance.

13. Monitor control/disposition of Government furnished assets.

14. Perform surveillance in a contingency environment, when applicable.

Experience: Minimum of 12 Months Experience (may be waived by the requiring activity. The waiver must be addressed in nomination package) and relevant technical experience and other general competencies (as determined by the nominating supervisor for the Contracting Officer’s consideration and appointment).

Required Training:

1. DAU COR 222, Contracting Officer’s Representative Course

2. DAU COR 206, COR in a Contingency Environment (when applicable)

3. CLM 003, Ethics Training for Acquisition Technology and Logistics

4. DISA Ethics Training

5. DoD WAWF Training

6. Additional Training as required by CO

● 6 hour DISA COR Training Day

Type C: Unique Contract Requirements that necessitate a professional license, higher education, or specialized training

Nature of Requirement: Unique contract requirements that necessitate a professional license, higher education or specialized training beyond the Type B requirements. Such requirements might include, for example, environmental remediation; major weapons systems; medical/dental/veterinarian services, etc.

COR Duties/Responsibilities: Increased complexity (from Level B requirements).

Required Competencies:

1. Assist in acquisition planning.

2. Assist in contract award process.

3. Establish/maintain COR file with all required documentation.

4. Identify/prevent unethical conduct and instances of fraud/waste/abuse.

5. Review technical submittals/ensure compliance with Performance Work Statement (e.g. perform technical monitoring and reporting in accordance with a Quality Surveillance Plan)

6. Perform administrative monitoring and reporting duties (e.g., handle security issues, attend meetings, etc.)

7. Recommend/monitor proposed changes.

8. Monitor contract expenditures/payments.

9. Monitor contract schedule compliance.

10. Perform liaison duties between the Contracting Officer and the contractor for management of the contract.

11. Inspect, accept, or reject deliverables during contract performance and at close-out in conformance with contract terms and conditions.

12. Review and validate that contractor payment requests are commensurate with performance.

13. Monitor control/disposition of Government furnished assets.

14. Perform surveillance in a contingency environment, when applicable.

15. Other specific functions consistent with the objectives of the activity’s mandatory specialized/technical training.

Required Training:

1. DAU COR 222, Contracting Officer’s Representative Course

2. DAU COR 206, COR in a Contingency Environment (when applicable)

3. CLM 003, Ethics Training for Acquisition Technology and Logistics

4. DISA Ethics Training

5. DoD WAWF Training

6. Activity’s Mandatory Specialized/Technical Training

7. Additional Training as required by CO

● 6 hour DISA COR Training Day

(2) Annual Refresher Training. All CORs 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 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 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 refresher qualification or certification. In accordance with The Under Secretary of Defense Acquisition and Logistics memorandum dated March 29, 2010, DoD Standard for Certification of Contracting Officer’s Representatives (COR) for Service Acquisitions, the COR is required to complete the following Refresher Training:

Type A: FIXED-PRICE, LOW PERFORMANCE RISK REQUIREMENTS

Refresher Training:

1. Minimum of 8 hours COR specific training: Every 3 years or Prior to assuming COR responsibilities if the individual has not served as a COR within the previous 24 months.

2. CLM 003, Ethics Training for Acquisition Technology and Logistics (annually)

3. DISA Ethics Training (annually)

4. DISA Mandatory Training

● 6 hour DISA COR Training Day (annually)

● Three 2 hour Acquisition Excellence Workshops (AEW) (annually)

5. Additional Training as required by CO

Type B: Other than Fixed Price, Low Performance Risk Requirements

Refresher Training:

1. Minimum of 16 hours COR specific training: Every 3 years or Prior to assuming COR responsibilities if the individual has not served as a COR within the previous 24 months.

2. CLM 003, Ethics Training for Acquisition Technology and Logistics (annually)

3. DISA Ethics Training (annually)

4. DISA Mandatory Training

● 6 hour DISA COR Training Day (annually)

● Three 2 hour Acquisition Excellence Workshops (AEW) (annually)

5. Additional Training as required by CO

Type C: Unique Contract Requirements that necessitate a professional license, higher education, or specialized training

Refresher Training:

1. Minimum of 16 hours COR specific training: Every 3 years or Prior to assuming COR responsibilities if the individual has not served as a COR within the previous 24 months.

2. CLM 003, Ethics Training for Acquisition Technology and Logistics (annually)

3. DISA Ethics Training (annually)

4. DISA Mandatory Training

● 6 hour DISA COR Training Day (annually)

● Three 2 hour Acquisition Excellence Workshops (AEW) (annually)

5. Additional Training as required by CO

6. Any necessary for maintenance of license/certification/etc.

(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 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 files, the contract files, and the individual’s COR training and performance records.

(iii) Under no circumstances should individuals complete COR 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 DoD Contracting Officer Representative Tracking (CORT) Tool websites, http://www.acq.osd.mil/dpap/pdi/eb/cor.html and https://arc.army.mil/DODCOR/ for additional guidance.

(S-93) Nomination

(1) A DISA or non-DISA requirements office shall nominate individuals as candidate CORs, as appropriate. Supervisors are also encouraged to identify highly motivated individuals, with strong standards of ethical conduct, and a willingness to accept responsibility as potential COR candidates. Nomination of military personnel as DISA CORs is permitted. If a military member is to be considered as a DISA COR, 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 should review the DISA mandatory civilian performance standard and follow similar criteria for evaluating military personnel COR performance regarding DISA contract administration and management.

(2) The requirements office shall provide the DISA contracting officer the COR 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 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 may contact the applicable DISA contracting officer to obtain a copy of the approved sample COR nomination letter format, a copy of the mandatory DISA COR performance standard or review the COR Deskbook located at http://www.ditco.disa.mil/hq/deskbooks.asp.

(S-94) Designation

(1) The contracting officer shall designate a COR 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 shall not be further delegated.

(2) Before designation, the contracting officer shall check the nomination to ensure that the COR meets the requirements of this subpart. If anticipating a COR designation, the request for proposal, solicitation and contract shall include the DFARS clause 252.201-7000, Contracting Officer’s Representative. If anticipating a separate designation for each individual task order, the request for proposal for each individual task order must include the DFARS COR clause.

(3) The contracting officer’s COR designation letter must identify the information required in DFARS 201.602-2(2)(v).

(4) COR shall post feedback pertaining to significant events concerning contract performance into the Contractor Performance Assessment Reporting System (CPARS) and notify the Contracting Officer of the significant events.

(5) Normally, only one COR is needed to monitor or administer a contract and/or a task order. The Contracting Officer should ensure that adequate COR oversight is available in relation to the contract size type and complexity.

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

NOTE: Task Monitor Designations issued prior to October 1, 2011 will remain in effect until the task order expires or until the Task Monitor is terminated. No new Task Monitor Designations will be issued after October 1, 2011.

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

(i) Contractor

(ii) Contract Administration Office

(iii) COR’s Supervisor

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

(i) The COR signature acknowledges full understanding of the designated duties, responsibilities, and limitations, to include completion of all training requirements, registration in the CORT tool 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 responsibility to seek clarification from the contracting officer. Further, the COR 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 successful COR performance. The COR shall not sign the designation letter or assume their contract support functional responsibilities until they have completed all of the required initial training under this subpart. In the event of a reissued or updated designation letter, the COR 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 duties, responsibilities, and limitations. For DISA CORs, the supervisor's signature also indicates their agreement to address COR duties and responsibilities in job descriptions, and ensure that the DISA mandatory COR critical element and performance standard is included in the individual’s Performance Work Plan, in accordance with DARS 201.602-2 (S-92), and Chapter 430 of the DISA Instruction 220-15-55, DISA Civilian Personnel Management Manual revision of September 2008 for civilian personnel, and as appropriately documented for military personnel, following the guidance of the civilian personnel performance standard. The mandatory critical element #10 Performance Standard for DISA CORs is:

Critical element #10 – COR. Contracting Officer’s Representative (COR) Assignment (Mandatory for CORs)

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 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 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 qualifications and successful contract management performance outcomes.

(iv) Once the COR and their supervisor acknowledge (sign) the designation letter, the COR returns the acknowledgement page to the contracting officer. The COR places the original designation letter with the signed and dated acknowledgements in the COR 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 designation letters are included in the DISA contract file.

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

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

(2) Supervisors of DISA COR personnel shall apply Critical Element #10 and the mandatory COR Performance Standard on the DISA Performance Work Plan and Appraisal (DISA Form 208A) relating to the specific duties and responsibilities of their COR assigned personnel. During the mid-year review and the annual performance evaluation of personnel assigned COR 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 on a continual basis. Negative results shall be documented in the contract file and a copy sent to the COR’s supervisor. If the contracting officer determines that a COR is not performing in a satisfactory manner regarding contract administration, contract management or task order management, the contracting officer may remove the COR, revoke their designation in writing, and request that the requirements office nominate a suitable replacement COR.

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

(5) If designated DISA or non-DISA CORs leave DISA or change positions and no longer perform the designated duties as detailed in their designation letters, the individual COR 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 (at least 30 days, possibly 60 days to complete required training), and

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

(6) CORs 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 will contact the contracting officer and obtain directions to provide the COR’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 will destroy or otherwise appropriately dispose of the COR 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 completion statement, contracting officers shall incorporate the completion statement into the official contract file.

(S-96) COR Limited Authority.

COR duties are set forth in their designation letters. CORs do not have contracting officer authority. In addition to the limitations stated in DFARS 201.602-2, the COR shall not perform the following duties —

(1) Do not sign your designation letter unless you have taken the required training and fully understand the scope of your designation.

(2) Do not accept a designation as a COR if there is an apparent conflict of interest.

(3) Do not appoint, delegate, or re-delegate COR duties/responsibilities to another individual. Only a Contracting Officer may designate a COR and delegate duties/responsibilities to a COR.

(4) Do not exceed your authority as expressed (and limited) in your designation letter.

(5) Do not authorize a contractor to start work on a new contract, order or modification.

(6) Do not obligate, in any way, the payment of money by the Government.

(7) Do not approve any invoices/vouchers for payment under Cost-Reimbursement, Time-and-Material, and Labor Hour contracts.

(8) Do not verify any claimed costs and approve any interim payment requests.

(9) Do not make a final decision on any matter that would be subject to appeal under the Disputes clause of the contract.

(10) Do not interfere with the contractor’s ability to continue to do his work.

(11) Do not approve work that is not in conformance with the contract or order.

(12) Do not make a final determination of contractor liability for loss or damage to Government property.

(13) Do not knowingly permit the contractor to proceed with work outside the scope of the contract or order.

(14) Do not grant changes to the period of performance.

(15) Do not discuss new proposed effort, encourage, or knowingly allow the contractor to perform additional effort on an existing contract or order.

(16) Do not hold discussions with offerors unless authorized by, or in the presence of, the contracting officer.

(17) Do not discuss source selection sensitive information with anyone who does not have a need to know.

(18) Do not direct or instruct the contractor to change the work or delivery schedule during contract or order performance without contracting officer authorization and/or change order.

(19) Do not divulge any sensitive or proprietary information.

(20) Do not tell the contractor how to carry out his/her responsibilities within any facet (technical, management, cost, or provisions) of the contract or order.

(21) Do not create an employer-employee relationship with contractor personnel through supervisory or administrative practices.

(22) Do not become involved in contractor’s business affairs not covered in the contract or order. This includes disputes with subcontractors, interpersonal conflict among contractor employees and suspected contractor employee misdeeds.

(23) Do not commit the equipment, supplies, or personnel of the contractor for use by others.

(24) Do not delay or cause delay of any correspondence or reports requiring immediate response from the contractor, the contracting officer, or other Government officials.

(25) Do not offer advice to the contractor that may adversely affect contract or order performance, compromise the rights of the Government, provide the basis for a constructive change or impact any pending or future contractor officer determination as to fault or negligence.

(26) Do not accept special favors or gratuities from the contractor.

If a COR exceeds their delegated authority, this may constitute an unauthorized commitment or cause a claim against the Government. An unauthorized commitment is an agreement that is not binding on the Government solely because the representative who made it lacked the authority to enter into that agreement. It may just as easily be caused by non-action when action is required. For example, if a maintenance contract lapses without a renewal and the Government conducts business as usual with the vendor, the COR’s failure to ensure the maintenance contract is renewed is by default, an unauthorized commitment. An unauthorized commitment is a personal liability of the person who makes it, if and until the Government ratifies that action. Ratification is the approval of an unauthorized commitment by an official possessing the designated authority. Further information on unauthorized commitments and ratifications may be found at FAR 1.602-3 and DARS 1.602-3. Additional guidance and practical examples of unauthorized commitments, and appropriate ratification request package content and format requirements may be obtained from the Procurement Directorate’s (PLD) Quality Branch, (PL22).

(S-97) The COR Information will be populated and maintained in the Department of Defense Contracting Officer Representative Tracking (CORT) Tool. The tool can be found at https://arc.army.mil/DoDCOR/.

(1) All DISA HCOs shall ensure that all DISA contracting officers

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

(ii) complete appropriate training and enter required data for all COR designated personnel in the Procurement Desktop-Defense (PD2) system per the PD2 Data Entry Guide; and

(2) The COR is required to register in the CORT Tool, https://arc.army.mil/DoDCOR/. The COR shall keep their COR records update within the tool. PL22 will be conducting random audits to make sure the CORs registered in the tool are active and current.

(3) Consequences. If COR 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.

AC 11-06

1.602-3

Approved 2 Dec 2010

1.602-3 Ratification of unauthorized commitments.

(a) Definitions.

“Ratifying Official,” as used herein 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 the Senior Procurement Executive, (SPE) or the Head of the Contracting Activity (HCA), as specified in (b) (2) below.

(b)(2) The ratification approving official for all unauthorized commitments valued at or above $1M is the SPE. The ratification approving official for all unauthorized commitments valued below $1M is the HCA. Coordination of the ratification request shall flow from the individual that made the unauthorized commitment as follows: 1) Cognizant contracting officer to prepare the Determination and Findings, 2) DITCO HCO, and 3) General Counsel for a legal opinion, prior to submitting to PL22 for review and processing. PL22 will log the request, assign a tracking number, review the complete package and coordinate for HCA/SPE approval.

(S-91) The individual that made the unauthorized commitment prepares the ratification request package using the standardized “Request for Approval of Unauthorized Commitment” format, includes the documents specified in the “Ratification Checklist of Required Documentation” and prepares a DISA Form 9 in accordance with the DISA Action Officer’s Guide and the provided DISA Form 9 Instructions. The ratification request package and DISA Form 9 shall be submitted to PL22 for tracking. If the unauthorized commitment was made by a non-DISA employee, then the Form 9 will be prepared by the contract specialist or contracting officer.

The Ratification Checklist of Required Documentation, Request for Approval of Unauthorized Commitment, and DISA Form 9 Instructions are located at https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=ratification_templates .

(S-92) Ratification packages shall be submitted within 15 business days after initial notification to the contracting officer of the unauthorized commitment. The contracting officer shall complete the processing of the ratification determination and findings within 14 business days after the receipt of an accurate and complete package in accordance with the “Ratification Checklist of Required Documents” referenced above.

(S-93) The ratification approving official reviews the ratification request package and approves or disapproves the ratification request. Final approval of the ratification action resides with the appropriate ratification-approving official.

(S-94) After submission of a ratification request, the individual that made the unauthorized commitment and an appropriate management official from the individual’s organization may be required to brief the ratification approving official on the circumstances and corrective actions taken to prevent recurrence of unauthorized commitments. The ratification approval official will determine if a briefing is required and the method of the briefing via in person, by telephone, or by video-teleconference (VTC).

(S-95) The Quality Assurance and Compliance Branch, PL22 will maintain a database of all unauthorized commitments and ratification requests. The database, at a minimum, shall include the following information:

(1) Ratification Control Number– A unique control number assigned for each ratification request package. The first two numbers correspond to the last two numbers of the fiscal year in which the ratification request is received, followed by a dash and two numbers corresponding to the sequence in which the ratification request is received (i.e., 10-01, 10-02, 10-03, etc.). Ratification control numbers will be assigned upon receipt of a complete ratification package.

(2) Contract Number and/or Order Number– The pertinent contract/order 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..

(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 Code/Phone Number – This information identifies the organization to which the individual that made the unauthorized commitment belongs, as well as the office code and phone number.

(8) Date of Unauthorized Commitment – The actual date on which the unauthorized commitment was made.

(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. For example, expired contract; failure of the requirements office to communicate with the business management office and the contracting officer prior to making arrangements with the vendor to start work or provide a product/service.”

(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 was taken to prevent this situation from occurring in the future (e.g. directed to attend purchase card training and re-certification as a Government Purchase Card holder, received a written letter of reprimand from immediate supervisor, was placed on leave without pay for a five-day period by the head of their organization. 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, has there been any previous occurrence of an unauthorized commitment by this individual or organization?

(17) Ratification Approval Level (HCA or SPE)/Phone Number/Approval Date/Ratifying Official/Phone – Identify the appropriate approval level for the submitted ratification request; the applicable telephone number, and the date on which the ratification was approved.

(18) Contracting Officer/Phone Number – Identify the contracting officer responsible for implementing the ratification action on contract, and the contracting officer’s telephone number.

AC 11-03

Subpart 1.603

Approved 05 Nov 2010

1.603 Selection, appointment, and termination of appointment.

1.603-1 General.

(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-92)),

● successful completion of a DISA contracting officer appointment test (see DARS 1.603-3(S-91)),

● a contracting officer appointment review board (see DARS 1.603-3(S-90)),

● 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-92)),

● successful completion of a DISA contracting officer appointment test (see DARS 1.603-3(S-91)),

● 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 “DISA Application for Appointment as a Contracting Officer” and discussing the candidate’s credentials with the Head of the Contracting Office (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 HCO shall submit requests for contracting officer appointments to the Procedures Branch (PL23) via email, to include the “DISA Application for Appointment as a Contracting Officer” (see DARS 1.603-2(S-91)). After reviewing the criteria for selection in 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 HCO. Include the following information in Section V. of “DISA 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).

1.603-2 Selection.

(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 qualifications required for 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 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 training requirements for appointment on a case-by-case basis but cannot grant a deviation to the education requirements. If an HCO requires an HCA deviation to the minimum 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. The written HCA approval of the deviation must be included with the nomination package.

Table 1-1

Type of Appointment	Maximum $ Authority	Training Qualifications	SF 1402 Limitation Statements*
Communications Management & Control Activity (CMCA)	$25K	CON 110, CON 111, CON 112 & CON 237	5
Purchase Card	$150K	DAWIA Level I - Purchasing or Contracting and completion of all mandatory purchase card training	8, 10
FTS2001/Networx	$150K	DAWIA Level I - Purchasing or Contracting	7
WHCA	$500K	DAWIA Level II Contracting	9, 10
SAT	$150K	DAWIA Level II Contracting	1, 10
Basic	$1M	DAWIA Level II Contracting	1, 10
Intermediate	$10M	DAWIA Level II Contracting	1,2, 3
Advanced	$50M	DAWIA Level II Contracting	1,2, 3
Unlimited	Unlimited	DAWIA Level III Contracting	4
Tariff Changes	Unlimited	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 ($150,000 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 $150,000 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

11 Contract authority is limited to $ (insert amount) for contract closeout actions

12 Contract authority is limited to $ (insert amount) for Joint Interoperability Test Command actions.

(S-91) Application for appointment as a contracting officer.

The “DISA Application for Appointment as a Contracting Officer” must document the education, experience, and training qualifications. The application is located at https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=disa_contracting_officer_appointment_information .

(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, and the request is for an unlimited appointment, PL23 will forward the nomination package to the HCA, through PL2 and the PLD Deputy Director, and request the HCA proceed with a contracting officer appointment review board. 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. If the request is for a limited appointment, PL23 will notify the HCO and request the HCO schedule the contracting officer appointment test (see DARS 1.603-3(91)).

1.603-3 Appointment.

(S-90) Unlimited appointments.

(1) A candidate seeking an unlimited contracting officer appointment must successfully complete a DISA contracting officer appointment test (see DARS 1.603-3(S-91)) prior to interviewing with a contracting officer appointment review board. If the unlimited candidate previously successfully completed a contracting officer appointment test in obtaining a DISA limited contracting officer appointment, the candidate does not have to re-test.

(2) An unlimited contracting officer appointment study guide, that includes four sample scenario-based questions, is located at: https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=disa_contracting_officer_appointment_information.

(3) A formal contracting officer appointment review board shall be convened 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:

(i) Non-sponsoring HCO

(ii) General Counsel representative

(iii) Chief, Policy, Quality Assurance and Procedures Division (PL2)

(iv) Senior Cost/Price Analyst

(v) CFE representative

Additional board members (e.g., senior contracting officers, program management) may also be included at the discretion of the review board chairperson.

(4) The contracting officer appointment review board may discuss the qualifications of the candidate with the HCO prior to formally convening the review board. The candidate should ensure her/his qualifications are summarized in the DISA Application for Contracting Officer Warrant.

(5) The contracting officer appointment review board may be conducted either face-to-face or via VTC at the discretion of the review board chairperson. The maximum amount of time for the entire review board to convene is three hours.

(6) The contracting officer appointment review board process includes:

(i) The candidate will orally summarize his/her qualifications.

(ii) The candidate will orally provide his/her justification for an unlimited warrant.

(iii) The Review Board Chair will present the candidate with up to six written scenario-based questions, with at least one from each of these acquisition topics:

(A) Pre-award

(B) Source Selection

(D) Contract Administration (including terminations)

(iv) Prior to meeting with the Board members, the candidate will be provided with a copy of the questions and will be given fifteen minutes to assemble his/her thoughts. Only pen and paper will be provided, (no open book, no computer access, no notes, etc.).

(v) The candidate will orally discuss in-depth and individually answer the scenario-based questions. The candidate is expected to demonstrate her/his acquisition knowledge by articulating logic and facts associated with the scenario-based questions. The candidate is expected to sustain his/her responses by providing supporting information from the FAR, DFARS, DARS and other acquisition policies, procedures and regulations.

(vi) After the candidate responds to all of the scenario-based questions presented by the Board, the candidate will be temporarily dismissed. The Board members will vote, without the candidate present, to determine if the candidate is qualified to be issued an unlimited warrant. The final decision will be determined by the Board Chairperson and relayed to the candidate as the final portion of the Board process.

(vii) If the review board concludes the candidate is qualified, he/she will be notified that an unlimited warrant will be immediately processed.

(viii) If the review board concludes the candidate is not qualified for an unlimited warrant, the Chairperson will provide the candidate and their HCO with constructive feedback. This feedback will facilitate the candidate in preparing to re-interview at a later date. Candidates may re-interview after 60 calendar days. The HCA may waive the 60 day requirement.

(S-91) Limited appointments.

(1) Candidates for limited contracting officer appointments shall be required to successfully complete a time limited, proctored examination to assess contracting knowledge and research ability. CMCA 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 DISA contracting officer appointment test does not have to retest to qualify for an increased limited appointment. However, a contracting officer with a limited appointment who has not previously passed a DISA contracting officer appointment test is required to pass 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 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 a four hour period. 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 and multiple-choice questions pertaining to the FAR, DFARS, and DARS. The study guides and mock tests are located at https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=disa_contracting_officer_appointment_information. The remaining 10 questions will be from specific sections of the FAR, DFARS, or DARS as dictated by the type of the contracting officer appointment.

(4) Test final scores 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 four 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 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 schedule and proctor the test. 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 retest 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 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 SF 1402. Any other change shall normally be viewed as an "administrative" change. Examples of administrative changes are those that correct any wording on the SF 1402 (e.g., a name change) 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

AC 11-02

Subpart 1.9000

Revised 12 April 2011

1.9000 Business and Contract Clearances.

(S-90) Definitions.

(1) “Business Clearance” means for competitive acquisitions, approval by the Clearance Approval Authority to issue a solicitation.

(2) “Contract Clearance” means:

(i) For competitive acquisitions conducted without discussions, approval by the Clearance Approval Authority to award a contract or order.

(ii) For competitive acquisitions with discussions –

(A) Approval by the Clearance Approval Authority to authorize the contracting officer to request final proposal revisions; and,

(B) Approval by the Clearance Approval Authority to award a contract or order.

(iii) For non-competitive contract actions, approval by the Clearance Approval Authority to award a contract, order or contract modification.

(iv) Approval by the Clearance Approval Authority to definitize an undefinitized contract action (UCA) or an undefinitized change order.

(3) “Clearance Approval Authority (CAA)” means the individuals delegated the authority to approve business and contract clearances (reference 1.9000(S-92)(4)(i)(ii)).

(S-91) Exclusions.

(1) Excluded actions from business clearances only are:

(i) CAA business clearance approval is not required prior to issuing a solicitation for non-competitive contract actions.

(ii) CAA business clearance approval is not required prior to beginning negotiations for non-competitive contract actions. However, prior to beginning negotiations, the contracting officer shall obtain the reviews and approvals of Pre-PNMs or Sole Source PNMs in accordance with DARS 15.406-3.

(A) “Begin negotiations” means, for the purpose of non-competitive contract actions, starting discussions with an offeror for the purpose of reaching agreement on all aspects of the proposal. Initiation of audits and fact-finding necessary to evaluate the proposal and develop the Government’s negotiation objective do not constitute negotiations.

(2) Excluded actions from business and contract clearances are:

(i) A competitive acquisition of $50 million or more, including options, processed in accordance with the source selection procedures of FAR Part 15. For this category of acquisitions, the Source Selection Authority (SSA) is the approval authority for the release of a solicitation, issuing a request for final proposal revisions and executing contract award. Although there is no CAA for this group of acquisitions, legal (GC) and policy compliance (PL22) reviews shall be obtained prior to issuing a solicitation and prior to requesting SSA approval to award, using the procedures at 1.9000(S-93).

(ii) An action that creates a UCA, or an undefinitized change order;

(iii) Orders that are issued in strict accordance with the previously approved pricing arrangements/pricing tables and other terms and conditions of the basic contract vehicle including GSA schedules, GWACs and MACs. This exclusion includes orders where contractors are contacted solely to seek deeper discounts on known quantities. Orders that result from solicitation and negotiation of labor categories, hours, or scope/requirements with contractors are not excluded from clearance requirements;

(iv) An order issued against an existing contract, BOA or BPA if:

(A) the prices have been established in the basic indefinite delivery contract, BOA or BPA;
(B) all other terms and conditions have been established in the basic indefinite delivery contract, BOA or BPA;
(C) the basic contract, BOA or BPA was reviewed and considered legally sufficient by the supporting legal office; and,
(D) there are no negotiations (i.e., no proposal, formal or informal, is necessary for the order to be issued) involved in the award of the proposed order under the indefinite delivery contract, BOA or BPA.

(v) Inquiries issued in accordance with the Inquiry/Quote/Order (IQO) Acquisition deskbook. However, Orders issued in accordance with the IQO process are not excluded from the contract clearance procedures;

(vi) Contract actions that solely provide incremental funding, incentive fee funding, award fee funding or other administrative contract modifications.

(vii) Priced options that were previously established in the basic contract/order and that are exercised in accordance with the established prices and terms and conditions of the contract/order.

(S-92) Policy, thresholds, and approvals.

(1) The objectives of the business and contract clearance process are to ensure that:

(i) Contract actions effectively implement approved acquisition strategies;

(ii) Negotiations and contract actions result in fair and reasonable business arrangements;

(iii) Negotiations and contract actions are consistent with laws, regulations, and policies; and,

(iv) An independent review and assessment (i.e. by the CAA) for the proposed contract action is accomplished.

(2) The CAA shall ensure that the clearance process meets the objectives in paragraph (1) above.

(3) The Source Selection Authority (SAA) shall not be the CAA.

(4) Contract actions meeting the contract value thresholds set below shall not be awarded without obtaining the required business and contract clearance approvals. CAA responsibilities may not be further delegated.

(i) Competitive acquisitions processed in accordance FAR Part 12 and/or 15:

Contract Value*	Clearance Approval Authority (CAA)
$6.5M - < $10M	At least one level above the contracting officer
$10M - < $50M	Branch Chief
= or > $50M	There is no CAA for this group of acquisitions. However, a PL22 policy compliance review and a legal review shall be obtained prior to the release of a solicitation or prior to requesting SSA approval to award.

(ii) Competitive acquisitions processed in accordance with FAR Subpart 8.4 and FAR Subpart 16.5 and contract clearance only for non-competitive contract actions:

Contract Value*	Clearance Approval Authority (CAA)
$6.5M - < $10M	At least one level above the contracting officer
$10M - < $50M	Head of the Contracting Office (HCO)
= or > $50M	Head of the Contracting Activity (HCA)

* Note: Contract value is determined by applying the sum of the value of the basic portion of the instant acquisition, plus any options, and the value of any contingencies, such as ceiling, award fees/terms, and performance incentives.

(S-93) Business and Contract Clearance Procedures.

(1) Legal (GC) and policy compliance (PL22) reviews shall be obtained prior to submitting a request for business/contract clearance to the CAA for approval.

(2) The contracting officer must review the contract file/documentation prior to requesting a legal and policy compliance review. The contract specialist or contracting officer may submit the request for legal and policy compliance review only after all contracting officer comments, if any, are resolved.

(3) Legal and policy compliance reviews may be requested concurrently. A minimum of two business days for legal and policy compliance reviews should be factored into the procurement process (i.e., two business days for concurrent reviews or four business days for sequential reviews).

(4) In circumstances where legal and policy compliance reviews and clearance approval must be delayed (not waived), the contracting officer shall obtain written approval from the HCO for contact actions valued less than $50M, or written approval from the HCA for contact actions valued at $50M or more, to proceed with the procurement, but shall obtain legal and policy compliance review and clearance approval 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.

(5) Policy compliance (PL22) reviews ---

(i) Requests for policy compliance review shall be sent via email to the “PL22 Policy Compliance Review Requests” group mailbox. The following standard subject line format shall be used: “[insert Office Code (i.e., PLX)], [insert “Business Clearance” or “Contract Clearance,” as appropriate] Policy Compliance Review Request, [insert solicitation, contract/modification, or order/modification number].” Urgent requests for review must also include “Expedite” in the subject line and must be forwarded to the PL22 group mailbox by the HCO.

(ii) Other pertinent information needed to assist the PL22 policy compliance reviewers should be included in the body of the e-mail. For example, provide the EDMS document identifier, indicate if a policy compliance review was accomplished at a previous stage of the procurement (and if so, the solicitation number), indicate if this is an “after-the-fact review,” provide the estimated dollar value of the procurement, etc. Draft documents, limited to the solicitation, contract or order, the post-Price Negotiation Memorandum (PNM) or Procurement Summary, or any best-value trade-off evaluation summaries (e.g., Selection Recommendation Document (SRD)), may be submitted as attachments to the email if not available in EDMS.

(6) Legal (GC) reviews ---

(i) DITCO-Pacific (PL7), DITCO-Scott Telecommunications Contracting Division (PL82) and DITCO-Scott IT Contracting Division (PL83) shall obtain legal reviews from legal counsel located at DITCO-Scott. DITCO-National Capital Region (PL6), DITCO-Europe (PL5), and WHCA shall obtain legal reviews from legal counsel located at NCR.

(ii) Requests for legal review from legal counsel located at DITCO-Scott shall be sent via email to the “DITCO Legal Office” group mailbox. Requests for legal reviews from legal counsel located at DITCO-NCR shall be sent via email to the “Acquisition Law Team” group mailbox. The following standard subject line format shall be used: “[insert Office Code (i.e., PLX)], [insert “Business Clearance” or “Contract Clearance,” as appropriate] Legal Review Request, [insert solicitation, contract/modification, or order/modification number].” Provide the EDMS document identifier in the body of the email so that legal counsel can access contract file documentation, in addition to that described below, as they deem appropriate to complete their review.

Note - The minimum documentation required for legal review, as described in the following paragraphs (iii) through (viii), are summarized in Table 1-2 below.

(iii) Requests for business clearance reviews to issue a solicitation for competitive acquisitions must include, at a minimum, a copy of the solicitation as an attachment to the email.

(iv) Requests for contract clearance reviews to award a competitive acquisition conducted without discussions must include, at a minimum, a copy of the contract or order, the post-PNM or Procurement Summary, any best-value trade-off evaluation summaries (e.g., Selection Recommendation Document (SRD)), and a draft notification to unsuccessful offerors, as attachments to the email. Also, indicate in the body of the email that discussions were not conducted and that the solicitation clearly stated that the Government may award without discussions.

(v) Requests for contract clearance reviews to request final proposal revisions for competitive acquisitions conducted with discussions must include a copy of the proposed letter to offerors requesting final proposal revisions.

(vi) Requests for contract clearance reviews to award a contract or order for competitive acquisitions conducted with discussions must include, at a minimum, a copy of the contract or order, the post-PNM, Procurement Summary, or Source Selection Decision Document (SSDD), any best-value trade-off evaluation summaries (e.g., Selection Recommendation Document (SRD)) if not a source selection conducted pursuant to FAR Part 15), and a draft notification to unsuccessful offerors, as attachments to the email.

(vii) Requests for contract clearance reviews to award a contract action for non-competitive contract actions must include, at a minimum, a copy of the contract, order or modification and the post-PNM as an attachment to the email.

Table 1-2


Documents to Attach to Requests for Legal Review		Non-Competitive Actions	Competitive Acquisitions IAW FAR Part 12 and/or 15	Competitive Acquisitions IAW FAR Subpart 8.4 or FAR Subpart 16.5
*Type of Clearance*	*Decision Point*
Business Clearance	Prior to Release of Solicitation	Not Applicable	Solicitation	Solicitation
Business Clearance	Prior to Beginning Negotiations	Not Applicable *Reference DARS 15.406-3 for required review and approval of Pre- PNMs and Sole source PNMs	Not Applicable	Not Applicable
Contract Clearance	Prior to Requesting Final Proposal Revisions	Not Applicable	Proposed letter to offerors requesting final proposal revisions	Proposed letter to offerors requesting final proposal revisions
Contract Clearance	Prior to Award	Contract, order or modification and post-PNM	Contract, Source Selection Decision Document (SSDD), Best-value trade-off or LPTA evaluation summaries (e.g., Selection Recommendation Document (SRD)), and draft notification to unsuccessful offerors.	Order, post-PNM, any best-value trade-off or LPTA evaluation summaries (e.g., Selection Recommendation Document (SRD)), and draft notification to unsuccessful offerors.

(7) CAA review and approval ---

(i) For non-competitive contract actions and competitive acquisitions with a value of $6.5 million up to $50 million, the contracting officer shall provide a “Request for Business/Contract Clearance”, a copy of the policy compliance and legal reviews and disposition of comments, and the documents identified in Table 1-2 above to the CAA via email.

(ii) For all competitive acquisitions (FAR Subpart 8.4 or Subpart 16.5 acquisitions) or non-competitive contract actions valued at $50 million or more, the contracting officer shall forward a clearance package via email through their chain-of-command, and the HCO will forward the package via email to the CAA. The clearance package shall consist of the following:

- Request for Business/Contract Clearance;

- Peer review report;

- Policy compliance and legal reviews and contracting officer disposition of comments;

- Documents identified in Table 1-2 above; and,

- Clearance Briefing Presentation

- Non-competitive contract clearance briefing template

- Competitive business clearance briefing template

- Competitive contract clearance briefing template

(iii) Clearance Approval. If the CAA is satisfied that the contract action/file meets the clearance objectives of 1.9000(S-92), then the CAA will sign and date Part B of the “Request for Business/Contract Clearance” form. Any conditions that the CAA places on clearance approval shall be specified on the “Request for Business/Contract Clearance.” The “Request for Business/Contract Clearance” shall be retained in the official contract file.

(8) Clearance Request -- Resubmission for Clearance Approval.

(i) Changes in acquisition strategy and/or terms and conditions may require the contract action to be resubmitted for clearance approval. The following are examples of situations that require resubmission for clearance approval:

(A) Exceeding approved negotiation parameters
(B) Changing contract type
(C) Changing contract share ratio
(D) Major change in quantity
(E) Major change in requirements
(F) Change to a significant term or condition
(G) Addition or deletion of a significant term or condition

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) and two external organizations:

(1) DITCO-National Capital Region (NCR)

(2) DITCO-Europe

(3) DITCO-Pacific

(4) DITCO-Scott

(5) WHCA (White House Communications Agency)

(6) CMCA (Communications Management and Control Activity)

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.