Subpart 5107.1 -- Acquisition Plans
Subpart 5107.2 -- Planning for the Purchase of Supplies in Economic Quantities
Subpart 5107.3 -- Contractor Versus Government Performance
Subpart 5107.5 -- Inherently Governmental Functions
AFARS -- Part 5107
Acquisition Planning
Subpart 5107.1 -- Acquisition Plans
5107.103 -- Agency-Head Responsibilities.
(e) Prepare written acquisition plans, for up to a five-year period, in accordance with dollar thresholds contained in the DFARS and acquisition plan approval levels at (h)(i) thru (iii). Update acquisition plans when required for milestone approval or when there is a change in the acquisition strategy.
(h)
(i) Acquisition plans for Army Acquisition Executive designated special interest programs must be approved by HQDA. Acquisition plans for special interest programs must be processed the same as other acquisition plans.
(ii) For programs assigned to Program Executive Officers (PEOs) and Program Managers reporting directly to HQDA, acquisition plans must be approved by cognizant PEOs and PMs when the dollar value of contracts covered is estimated to exceed $15 million for any fiscal year/$30 million for all years including options. This approval authority may not be redelegated.
(iii) For all non-PEO acquisitions, acquisition plans must be approved by the PARC when the dollar value of contracts covered by the plan is estimated to exceed $15 million for any fiscal year or $30 million for all years including options. This approval authority may not be redelegated.
(iv) Programs below the thresholds in (h)(ii) and (iii) shall be approved in accordance with contracting activity procedures.
(v) Requests for approval of acquisition plans over the thresholds in (h)(ii) and (iii) must include the concurrence of the --
(A) Contracting officer;
(B) Local competition advocate;
(C) Local small and disadvantaged business utilization (SADBU) office or on-site SADBU official;
(D) Legal office; and
(E) Appropriate matrix elements from the supporting contracting activity.
(k) Waivers must be approved by the individual authorized to approve the plan.
5107.103-90 -- Distribution of Written Acquisition Plans.
Acquisition plans which have not been approved cannot be released outside the PEO organization or supporting contracting activity without the authorization of the DASA(P).
5107.104 -- General Procedures.
(a) Each HCA must establish an acquisition planning (AP) system which includes all significant or sensitive contracting requirements anticipated for the upcoming fiscal year.
(b) The AP system must include monetary thresholds, milestones, and other parameters for all proposed contract actions that will be included in the AP system, including those proposed requirements for which formal acquisition plans are not required under DFARS 207.103(c).
(c) Acquisition lead-times should allow sufficient time for development of acquisition strategy, preparation of solicitations (including any necessary coordination with requiring and technical elements), receipt and evaluation of bids or proposals, audits, negotiation, boards or business clearance reviews, source selection and preparation of contractual documents in an orderly and timely manner.
(d) HCAs should establish due dates for submission of procurement requests requiring action by the end of the fiscal year to the contracting office. Exceptions to established due dates must be minimized and require authorization at a level not lower than the chief of the contracting office.
(e) In acquisitions where sole source approvals will be obtained, acquisition planning must provide appropriate opportunities for the following:
(1) involving Defense Contract Management Agency and Defense Contract Audit Agency early in the acquisition process,
(2) obtaining appropriate contractor input for use in the development of the acquisition strategy,
(3) establishing a Government/Contractor team (including executors and reviewers), committed on a real-time basis to streamline the acquisition process and maintain open communications;
(4) teaming of the Government and Contractor in development of the proposal and model contract, leading to agreement on contractor effort and costs associated with the task(s); and
(5) teaming of the Government and contractor during post-award contract performance to improve communications and develop efficient contract administration.
Subpart 5107.2 -- Planning for the Purchase of Supplies in Economic Quantities
5107.204 -- Responsibilities of Contracting Officers.
(a) Send offerors’ responses to the solicitation provision in FAR 52.207-4 to the requiring activity.
Subpart 5107.3 -- Contractor Versus Government Performance
To achieve fair and even-handed competition between in-house and industry, Principal Assistants Responsible for Contracting will ensure that industry is provided with pertinent, accurate, and available data necessary to engender as full and complete an understanding as possible of the operation(s) covered by the A-76 competition. Historical data provided must be relevant and well organized (see DA PAM 5-20). To maximize use of Army resources, every effort must be made to utilize A-76 contracting best practices and good ideas that have worked for others and avoid repetition of unsuccessful strategies and procedures. [AFARS Revision #004, dated Jul 26, 2002]
All A-76 solicitations will be performance-based.
Every effort must be made to ensure that a truly complete and meaningful site visit is provided for prospective offerors, to include availability of personnel who are capable of answering questions as the tour progresses. Ensure that all questions posed during the solicitation period by both industry and the in-house workforce are treated with due respect and fully answered. A reasonable due diligence effort to each offeror, who requests it, must be provided. That includes, but is not limited to, allowing them to watch the current operation. Any such opportunities that are made available to one must be made available to all.
PARCs have the final authority over release of A-76 solicitations to industry and the responsibility for the quality of the contracting process. PARCs must ensure availability of clear guidance and develop a review process that results in uniform, quality solicitations and contracts. Minimizing variations in approach for similar services facilitates Government solicitation preparation time and increases competition by making it easier for industry to respond.
Deleted. [AFARS Revision #004, dated Jul 26, 2002]
Subpart 5107.5 -- Inherently Governmental Functions
(e) Requiring officials must provide the contracting officer a written determination that none of the functions required are inherently governmental. Disagreements regarding the determination must be resolved by the Contracting Officer prior to issuance of the solicitation.