SOFARS PART 5617
SPECIAL CONTRACTING METHODS
The Contracting Officer shall not include options on contracts awarded under the authority cited in FAR 6.302-2, Unusual and Compelling Urgency.
(e)
(i) The Chief of the Contracting Office making an award in accordance with FAR 17.204 may approve total contract periods in excess of 5 years on a case-by-case basis, unless otherwise prohibited by statute or regulation. This authority shall not be re-delegated.
(A) All approvals shall be made prior to issuing the solicitation and shall be included in the contract file.
(B) The documentation shall specify the reasons a period longer than 5 years is needed, what cost or price and performance risks are associated with the longer period, and how the risks will be mitigated.
5617.207-90 Documenting the Contracting Officer Determination.
(a) The determination shall be made in writing and approved by the Contracting Officer prior to issuing a modification to the contractor.
(b) The contracting officer shall also make a determination of contractor responsibility prior to exercising the option (See FAR 9.103).
SUBPART 5617.5 INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT
5617.503 Determination and Findings Requirements.
5617.503-90 Economy Act Determinations.
The Economy Act Determination is a decision document from the customer when a Military Interdepartmental Purchase Request (MIPR) is to be sent outside of DoD and placed on contract by another agency.
(a) When the requirement shall be purchased by a non-DoD agency covered by the FAR, the document is reviewed by the contracting and legal offices prior to being signed by a Flag/General Officer or SES.
(b) When the requirement shall be purchased by an agency not covered by the FAR, the document is reviewed by the contracting office and legal prior to being sent to the SPE for signature.
(c) A template for an Economy Act Determination can be found in the Desktop Contracting Guide (DCG). If the template is not used, contracting officers must ensure that all the requirements of FAR 17.503 are addressed. In addition to those requirements, and in accordance with Section 2330(b)(1)(C)(ii), Title 10, United States Code as amended by Section 801 of the National Defense Authorization Act for Fiscal Year 2002, the decision document must address the following considerations:
(1) Customer needs in terms of quantity, delivery, and price;
(2) Schedule or performance period;
(3) Identification of DoD or USSOCOM unique terms and conditions that must be included in the award document;
(4) Contract administration considerations.
(d) Upon award, the Contracting Officer must ensure that the action is properly reported by the non-DoD agency to the Federal Procurement Data System – Next Generation (FPDS-NG) to facilitate proper reporting of metrics on the use of non-DoD contracts to the Director of Procurement and the Office of the Secretary of Defense.
SUBPART 5617.74 - UNDEFINITIZED CONTRACT ACTIONS
The Contracting Officer shall prepare the Determination and Finding and obtain the Director of Procurement's approval prior to issuing an Undefinitized Contract Action (UCA).
5617.7404-3 Definitization Schedule.
(a)
(3) A request to exceed the limitations of the definitization schedule of an UCA beyond the dates established in DFARS 217.7404-3(a) shall be submitted for approval to the Director of Procurement.
(4) The request shall include a statement detailing the actions taken to enforce the milestone schedule. If applicable, provide a detailed explanation of any government caused delay or any government action resulting in a substantial contribution to the delay.
HQ, United States Special Operations Command May 2005
Special Operations Acquisition and Logistics Center (SOAL-K)
SOFARS 5617