PART 51 – USE OF GOVERNMENT SOURCES BY CONTRACTORS
TABLE OF CONTENTS
(Revised November 7, 2013 through PROCLTR 2014-21)
SUBPART 51.1 – CONTRACTOR USE OF GOVERNMENT SUPPLY SOURCES
51.100 Scope of subpart.
51.101 Policy.
51.102 Authorization to use Government supply sources.
51.103 Ordering from Government supply sources.
SUBPART 51.1 – CONTRACTOR USE OF GOVERNMENT SUPPLY SOURCES
For DLA, Government sources of supply include items in DLA inventories and on existing DLA contracts. For DLA-managed items, this includes items coded with Acquisition Advice Codes D (centrally-managed, stocked, and issued); H (customer direct delivery, non-stocked items); and Z (numeric stockage objective (NSO) items).
(a)(4) A class deviation permits DLA contracting officers to authorize DLA contractors access to DLA-managed items under other-than cost-reimbursement contracts. This deviation shall not apply to commodities where contractor access to discounted or favorable pricing is prohibited by law, such as pharmaceuticals.
51.102 Authorization to use Government supply sources.
(e)(4) Contractor access to DLA sources of supply is limited to DLA-managed national stock numbered (NSN) or part numbered (P/N) items provided to DoD customers that are specifically authorized underthe DLA contract that will use a DLA supply source. Supplies accessed under this authority may only be used in the performance of the contract that authorizes the access. The contract should specify any ceiling quantities that may apply to an item. Authorization must be limited to stocked items or items available under existing DLA contracts or inventories. The rationale supporting the decision to authorize use of a DLA source of supply will be coordinated with the managing contracting activity, documented in writing for each NSN or P/N, signed by the contracting officer authorizing use of the DLA supply source, approved by the CCO, and included in the contract file.
(f)(1)(a)(i) The authorizing contracting activity or office shall ensure contractors order only DLA-managed items as authorized in the contract, including, as a minimum, that supplies sold are used only in the performance of authorized contracts and, any benefit from this use is passed on to the Government.
(f)(1)(a)(ii) To demonstrate the benefits of permitting contractor access to Government sources of supply, the price of each item obtained from a Government source of supply should be the Government price charged to the contractor plus a handling fee determined fair and reasonable by the contracting officer. Items contractors order must be reconciled against items authorized in their contracts. Periodic reconciliation of the quantities DLA sold to the contractor with the quantities of those same items the contractor supplied to DoD customers, or holds under surge responsibilities, under the authorizing contract will provide the visibility needed to monitor contractor’s usage and trigger appropriate action for improper use. The contract shall include language requiring the contractor to verify that, as the contract nears completion, no purchases are made that would result in Government supply source items remaining with the contactor after contract completion. Special provisions must be made for surge items.
51.103 Ordering from Government supply sources.
(d) When contractor use of a DLA-managed supply source is determined to be the best value, considering price, delivery and other factors, contract language should hold the contractor responsible to meet the delivery requirements whether or not Government supply sources are used. Failure to meet the contract delivery requirements is a contractor-caused delay.