PART 17-- SPECIAL CONTRACTING METHODS
TABLE OF CONTENTS
SUBPART 17.1 -- MULTI-YEAR CONTRACTS
17.104 General
17.106 Procedures
17.106-3 Special procedures applicable to DOD, NASA and the Coast Guard
SUBPART 17.2 -– OPTIONS
17.207 Exercise of Options
SUBPART 17.5 -- INTERAGENCY ACQUISITIONS
17.500 Scope of Subpart
17.501 General
17.502 Procedures
17.503 Ordering Procedures
SUBPART 17.78 – CONTRACTS OR DELIVERY ORDERS ISSUED
BY A NON-DOD AGENCY
217.7802 Policy
SUBPART 17.90 -- GRANTS AND COOPERATIVE AGREEMENTS
17.9000 Authority
17.9001 Definitions
17.9002 Policy
SUBPART 17.91 -- PRODUCT LOAN AGREEMENT
17.9100 General
17.9101 Policy
PART 17 -- SPECIAL CONTRACTING METHODS
SUBPART 17.1 -- MULTI-YEAR CONTRACTS
(b) For multi-year contracts, the HCA may authorize modification of the requirements of this subpart and the clause at FAR 52.217-2, Cancellation Under Multi-year Contracts.
17.106-3 Special procedures applicable to DoD, NASA, and the Coast Guard.
(e) The authority to authorize recurring costs in cancellation ceilings for multi-year contracts is delegated to the HCA.
(S-90) To exercise an option, the requirements office will send the cognizant KO a request to exercise the option. The request, and other documents as outlined below, must be received far enough in advance to allow sufficient time to send the contractor notice of intent to exercise the option to exercise the option under FAR 17.207(a) and before synopsis (FAR 17.207(c)(4)) if the synopsis of the option is necessary because the option was not previously addressed in the synopsis of the basic contract requirement.
(S-91) The request to exercise an option must include the following:
(1) Statement of Need. Validate the requirement covered by the option as fulfilling an existing Government need (FAR 17.207(c)(2))
(2) Market Research. Document all market research conducted and the results (FAR/DARS
Part 10).
(3) Past Performance. Provide relevant raw data for past performance of the contractor (FAR/DARS Part 42.15)
(4) Availability of Funds. Provide evidence that funds will be available upon exercise of option (e.g., Program Plan).
(S-92) The request to exercise an option shall be marked and submitted as follows:
(1) Required markings on all pages, centered, top/bottom: "SOURCE SELECTION INFORMATION See FAR 2.101 and 3.104"
(2) Electronic submission is required using digitally signed/encrypted e-mail. See DISAI 630-230-30 for e-mail security practices for the transmission of sensitive but unclassified information.
(S-93) The contracting officer (KO) must discuss compliance with DARS Subpart 16.601 in the D&F if exercising options under a time and materials (T&M) contract.
AC 12-02
Subparts 17.5 and 17.78
Approved 2 MAR 12
SUBPART 17.5 — INTERAGENCY ACQUISITIONS
(a) This subpart prescribes policies and procedures applicable to all interagency acquisitions under any authority, except as provided for in paragraphs (c), (S-90) & (S-91) of this section. Within DISA, interagency acquisitions include assisted acquisitions and direct acquisitions with other DoD Components, as well as non-DoD Federal agencies.
(c) This subpart does not apply to:
(2) Assisted acquisitions of $3,000 or less issued against Federal Supply Schedules or direct acquisitions of $150,000 or less issued against Federal Supply Schedules (FSS).
(S-90) Support agreements executed under DoD Instruction 4000.19, Interservice and Intragovernmental Support (August 9, 1995), and any successor instruction, which are governed by other applicable DISA regulations.
(S-91) Interagency acquisitions when DITCO is acting as the servicing agency in support of a DoD Component. This subpart shall apply, however, whenever DITCO is acting as the requesting agency, regardless of the organization acting as the servicing agency.
(S-90) DITCO is the organic contracting activity of DISA. DISA activities shall only use the contracting services of DITCO to acquire all required supplies and services. Only DITCO is authorized to approve and execute interagency acquisitions on behalf of DISA, except as noted in 17.503 (S-91).
(S-91) Further guidance on how to conduct Interagency Acquisitions can be found in the DISA Interagency Acquisition Guide located at https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=interagency_acquisition_guide.
(S-92) DISA activities shall not avoid the requirements of this subpart by using reimbursable interagency support agreements governed by DoD Instruction 4000.19 to acquire supplies and services. Guidelines about how to differentiate between interagency acquisitions and reimbursable support agreements are included in the DISA Interagency Acquisition Guide.
(a) Determination of Best Procurement Approach.
(S-90) The Determination of Best Procurement Approach shall be prepared for all Interagency Acquisitions in accordance with the DISA Interagency Acquisition Guide. The guide provides formats for both direct acquisitions and assisted acquisitions.
(S-91) If the Servicing Agency is non-DoD, the requirements of DFARS 217.7802 (a) & (b) shall be addressed in the determination of best procurement approach. See the DISA Interagency Acquisition Guide for details.
(S-92) The DISA requiring activity shall prepare the determination of best procurement approach. The determination of best procurement approach shall be reviewed and approved in accordance with Table 17-1 for Assisted Acquisitions or Table 17-2 for Direct Acquisitions.
(S-93) If the proposed acquisition meets the requirements for a written Acquisition Plan (AP), the determination of best procurement approach shall be attached to the AP and approved concurrently when the AP is routed for coordination/approval.
(b) Written agreement on responsibility for management and administration.
(1) Assisted acquisitions.
(i)
(S-90) Interagency Agreements for Assisted Acquisitions in which DITCO is the requesting agency, shall be prepared in accordance with the DISA Interagency Acquisition Guide.
(S-91) Interagency Agreements for Assisted Acquisitions shall be approved in accordance with Table 17-1 below.
17.502-2 Economy Act.
(c)
(S-90) The DISA requiring activity shall prepare the D&F. Follow the guidance and formats in the DISA Interagency Acquisition Guide. The D&F shall be reviewed and approved as indicated in Tables 17-1 and 17-2.
(d)
(S-90) In addition to any other applicable requesting agency-specific clauses, all contracts awarded and orders issued by the servicing agency for property that must be accounted for in accordance with DISAI 270-165-2 shall include the clauses at DFARS 252.211-7003 and DARS 52.211-9000, which sets forth the instructions for the contractor to deliver, and for the DISA receiving activity to approve, an Electronic Product List.
(e)
(S-90) Determinations that the requested work falls within the purpose, mission, general scope of effort, or special competency of the Federally Funded Research & Development Center (FFRDC), and will not place the FFRDC in direct competition with domestic private industry, shall be prepared in writing by the Commander, Principal Director, or Deputy Principal Director of the requiring activity, along with the required determination of the best procurement approach.
(S-91) No DISA official shall cause DISA to enter into a contract directly with any FFRDC (i.e., not an interagency acquisition through the sponsoring agency) unless such contract is executed in accordance with all applicable provisions of the law, including, without limitation, all relevant Federal procurement statutes, the FAR, the DFARS, and the DARS, that would apply to a contract with any other private entity. DISA officials may, however, execute interagency acquisitions with or through an FFRDC sponsoring agency to obtain the services of an FFRDC in accordance with this subpart.
Table 17-1
DISA Coordination and Approval Authorities
for ASSISTED Acquisitions
Determination of Best Procurement Approach, Interagency Agreement,
and, if applicable, Economy Act D&F
Servicing Agency: |
Regulatory Authority: |
Dollar Threshold: |
Concurrence: |
Approval: |
DoD |
FAR & DFARS |
Exceeding $3,000 to $150,000 |
Deputy Principal Director of the Requirements Office |
Head of the Contracting Office (HCO) |
DoD |
FAR & DFARS |
Exceeding $150,000 |
1) Deputy Principal Director of the Requirements Office 2) HCO 3) PLD Special Assistant |
Head of Contracting Activity (HCA) |
non -DoD |
FAR |
Exceeding $3,000 |
1) Deputy Principal Director of the Requirements Office 2) HCO 3) PLD Special Assistant |
HCA |
DoD or non-DOD |
Non-FAR |
Exceeding $3,000 |
1) Deputy Principal Director of the Requirements Office 2) HCO 3) PLD Special Assistant 4) HCA |
Senior Procurement Executive (SPE) (Non-delegable) |
Table 17-2
DISA Coordination and Approval Authorities
for DIRECT Acquisitions
Determination of Best Procurement Approach and, if applicable, Economy Act D&F
Servicing Agency: |
Regulatory Authority: |
Dollar Threshold: |
Concurrence: |
Approval: |
DoD or non-DoD |
FAR & DFARS |
Exceeding $3,000 to $10M |
Requirements Official |
Contracting Officer |
DoD or non-DoD |
FAR & DFARS |
Exceeding $10M to $50M |
Deputy Principal Director of the Requirements Office |
Head of the Contracting Office (HCO) |
DoD or Non-DOD |
FAR & DFARS |
Exceeding $50M to $100M |
1) Deputy Principal Director of the Requirements Office 2) HCO 3) PLD Special Assistant |
Head of Contracting Activity (HCA) |
DoD or Non-DOD |
Non-FAR FAR & DFARS |
Exceeding $3,000 Exceeding $100M |
1) Deputy Principal Director of the Requirements Office 2) HCO 3) PLD Special Assistant 4) HCA |
Senior Procurement Executive (SPE) (Non-delegable) |
(S-90) The requirements of DFARS 217.7802 (a) & (b) shall be addressed in the determination of best procurement approach required by FAR 17.502-1. See the DISA Interagency Acquisition Guide at https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=interagency_acquisition_guide.
SUBPART 17.90 — GRANTS AND COOPERATIVE AGREEMENTS
The HCA is delegated the authority to select, appoint, and terminate grants officers within DISA. This authority to award grants and cooperative agreements flows from DoD Directive 3210.6 and Interim-Guidance Draft of Defense Grant and Agreement Regulatory System (DGARS) DoD 3210.6-R.
Cooperative Agreement. A legal instrument used to enter into the same kind of relationship as a grant, except that substantial involvement is expected between the Agency and the recipient when carrying out the activity contemplated by the cooperative agreement.
Defense Grant and Agreement Regulatory System (DGARS). A system of policies and procedures to guide DoD grants and cooperative agreements. It also governs other non-procurement transactions, where provisions so indicate.
Grant. A legal instrument used to enter into a relationship, the principal purpose of which is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, rather than to acquire property or services for the Agency’s direct benefit or use. Further, it is a relationship in which substantial involvement is not expected between the Agency and the recipient when carrying out the activity contemplated by the grant.
Grants Officer. Individual authorized in writing by the HCA to enter into, administer, or terminate grants. Only grants officers shall sign such legal instruments on behalf of the Agency. Grants officers may bind only to the extent of the authority delegated to them.
(a) All requests for appointment of a grants officer shall be submitted to PL2 for processing to the HCA for approval.
(b) Candidates must complete at least one training course oriented to grants and cooperative agreements, and become knowledgeable of the DoDGARs, prior to appointment.
(c) Grant officer appointments will be issued via memorandum signed by the HCA.
SUBPART 17.91 — PRODUCT LOAN AGREEMENTS
Product Loan Agreement is a convenient vehicle for the Government to test and evaluate commercial and developmental items for a specified period of time. The Agreement allows the Government to use the product(s) on a no-cost basis for demonstration, testing, and assessing various product(s) in the marketplace.
(a) The cognizant requirements office develops and initiates the Product Loan Agreement.
(b) The KO must coordinate any revisions to the Product Loan Agreement with local legal counsel. If any revisions are made, the Product Loan Agreement must also contain the signature of legal counsel. The contracting officer maintains the official Product Loan Agreement file.
(c) The contracting officer is the only individual authorized to enter into, administer, and terminate Product Loan Agreements on behalf of the Government. Unauthorized signatures on Product Loan Agreements could be subject to Anti-deficiency violations.
(d) The Product Loan Agreement template is located at https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=product_loan_agreement.