SUBPART 17.1--MULTIYEAR CONTRACTING
(a)(i) Current statutory restrictions. Before entering into any multiyear contract, the contracting officer shall review the current statutory language for potential restrictions and shall consult legal counsel.
(ii) Approvals. Notwithstanding 1.403, any deviation from the requirements of FAR 17.103-1, DFARS 217.103-1, or this section shall require approval by the addressee in 1.290(b)(2).
(b) Limitations.
(v) The notification must arrive at HQDA at least 10 working days prior to the date the notification is due to Congress.
(e) The PARC may approve use of options that extend contracts beyond the five-year regulatory limit.
17.290 Addition of option clause or quantities to contracts after award.
Modification of contracts to incorporate option clauses or additional option quantities after award is a noncompetitive action and shall not be done without prior approval in accordance with FAR 6.304. Such requests shall be completely documented to give the reason for the proposed modification and the potential impact of disapproval.
SUBPART 17.5--INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT
17.503 Determinations and findings requirements.
(a) Before an Economy Act order for supplies or services is released outside of DoD for contracting action, a written determination shall be prepared by the requiring activity and approved in accordance with 17.503(c). D&Fs shall be prepared in the format provided at 53.9008.
(c) (i) All Economy Act D&Fs shall be reviewed by legal counsel and coordinated with the requiring activity's supporting Army contracting office prior to execution.
(ii) Authority to approve the D&F has been delegated to a level no lower than a SES/General Officer who is a Commander/Director of the requesting activity for orders where the servicing agency is required to comply with the FAR in its contracting operations.
(iii) If the proposed servicing agency is not covered by Chapter 137 of title 10, or title III of the Federal Property Act, and/or is not required to follow the FAR in its contracting operations, then the D&F must be approved in advance by the Army Senior Procurement Executive.
(iv) D&Fs shall be signed and approved prior to execution of any orders.
(d) (2) Orders to servicing Federal agencies to fulfill Army requirements shall be presented as a complete procurement package, to include the following as a minimum:
(A) Any determinations or acquisition approvals required by the FAR, DFARS, AFARS or FIRMR.
(B) Certified documentation in support of any request for other than full and open competition.
(C) MIPR with citation of appropriate funds and the basis for payment (reimbursable order, direct cite) and information on any limitations on the duration of the funds to be transferred (e.g., SECDEF approval for any CPFF contracts funded by MILCON).
(D) A detailed statement of work appropriate for use in a solicitation or contract instrument, including identification of all required deliverables (technical reports, IPRs, etc.), travel requirements, etc. If the requirement will be filled by the servicing agency on an existing contract and there is a full description of the Government requirements in the contract, then only Army unique requirements are needed. Intellectual property requirements ( rights in data and software, patents, etc.) and security requirements as specified on a DD Form 254 shall also be included.
(E) Contracting administration requirements such as requirements for cost/performance reports, the basis for acceptance of performance/supplies, and who will inspect and accept for the Government (technical POC).
17.504-90 Orders not involving contracting by the servicing agency.
When the servicing agency will provide the supplies or services essentially from organic sources, the following procedures will apply: (Note: an FFRDC as referenced in FAR 17.504 (e)is not considered an organic source of its sponsoring agency.)
(a) The determination required by 31 U.S.C. 1535 (Economy Act) shall be prepared by the project sponsor or other requirements manager and approved at a level higher after coordination with legal and contracting.
(b) The requirements of 17.503 (a) and (c) (i) through (iv) and 17.504 (d) (2) (i) through (v) shall be tailored as appropriate to the transaction, recognizing that no contracting action is anticipated.
SUBPART 17.90--JOB ORDER CONTRACTS
(a) This subpart prescribes policies, procedures and limitations for the establishment and use of job order contracts (JOC) as an alternative contracting method to fulfill requirements for real property maintenance and repair and minor construction projects with an estimated value exceeding $2000, but not exceeding $300,000, at installation level (post, camp or station). In general, proposed projects valued at $2,000 or less are considered inappropriate for ordering under JOC because of the administrative costs associated with processing JOC orders and the simplified purchase methods available for these actions.
(b) For convenience, the principal guidance on JOC is contained in this subpart. Cross references have been introduced in other parts of the AFARS as appropriate. The guidance in this subpart applies to all Army contracting offices that may be responsible for planning, soliciting and awarding or administering JOC. Nothing in this subpart is intended to conflict with or replace guidance in the FAR, DFARS or other parts of the AFARS; those regulations apply in full to JOC.
(c) Additional information on executing JOC is found in the JOC Guide published by the JOC Steering Committee. The guide may be obtained from ASSISTANT CHIEF OF STAFF (INSTALLATION MANAGEMENT), ATTN: DAIM-FDF-M, 7701 TELEGRAPH ROAD, BLDG 2594, ALEXANDRIA, VA 22315-3800.
As used in this subpart--
"Coefficient" means a numerical factor that represents costs (generally indirect costs) not considered to be included in "Unit Price Book" unit prices, e.g., general and administrative and other overhead costs, insurance costs, protective clothing, equipment rental, contingencies such as changes in wage rates and the effect of inflation in option years, and also contractor's profit. Coefficients proposed by offerors are multiplied times the Government-established unit prices in the Unit Price Book to price a job or project on individual orders. The coefficient(s) proposed by the offeror and accepted by the Government are incorporated in the JOC.
"Job order contract" means an indefinite-delivery, indefinite-quantity contract which is awarded on the basis of full and open competition and effective competition and is used to acquire real property maintenance and repair or minor construction at installation (post, camp, or station) level. The JOC includes a comprehensive collection of detailed repair, maintenance and minor construction task descriptions or specifications, units of measure and pre-established unit prices for each of these discrete tasks. Each project or job ordered under a JOC is normally comprised of a number of predescribed and prepriced tasks.
"Non-prepriced task or item" means a necessary, but incidental, part of a job or project ordered or to be ordered under a JOC that is not susceptible to unit pricing using the prepriced tasks in the Unit Price Book or database incorporated in the JOC. The coefficient developed for a prepriced task or item shall not be applied to a nonprepriced task or item.
"Unit Price Book" means the compilation of real property repair, maintenance and minor construction tasks, associated units of measure and unit prices provided by the Government that is used in job order solicitations and JOC. Unit prices under JOC include direct material, labor and equipment costs, but not indirect costs or profit which are addressed in the coefficient(s). Because of its volume, approximately 25,000 prepriced tasks, the Unit Price Book is usually made available in automated database format.
(a) JOC may be used to acquire real property maintenance and repair or minor construction at an installation.
(b) JOC shall only be used for the projects covered at 17.9000. Installation facilities engineering support services, such as utility plant operation, custodial, grounds maintenance, refuse collection and disposal, and similar work shall not be acquired using JOC. Architect-engineer services as defined in FAR 36.102 shall not be acquired under JOC. However, informal (shop) drawings, incidental to the job, reflecting the plan of action and the completed project, are anticipated under JOC.
17.9003 Use of Job Order Contracts.
In general, a JOC involves the following unique characteristics:
(a) Use of a "Unit Price Book" to preprice the direct material, labor and equipment costs associated with tasks listed in the book coupled with one or more "coefficient(s)" to cover contractor profit and indirect costs.
(b) A solicitation and contract which contain a large volume of prepriced, elementary, facilities engineering type, detailed tasks that are normally available on an automated database;
(c) Competitive source selection based on an integrated assessment of capability and past performance, technical and management proposals and the coefficient(s) proposed for the base year and option years, as appropriate. (Brooks Act A-E selection procedures shall not be used for evaluation or award of JOC.)
(d) An indefinite-delivery, indefinite-quantity contract which provides for the use of negotiated, definitive, bilateral orders, i.e., the JOC contractor formally accepts the order, as mutually agreed, by signing the DD Form 1155 (see 17.9004-3(h); and
(e) A separate line item in the schedule to cover bond premiums.
(f) Each signed delivery order becomes, in effect, a fixed price, lump sum contract and is managed accordingly.
17.9003-2 Purpose, background and cautions.
(a) The JOC technique, developed by the USACE, can be an effective means of reducing the total lead-time for covered real property maintenance and repair or minor construction required at Army installations. The principal value of JOC is its ability to eliminate the time-consuming, costly aspects of the traditional design and construction process which uses separate contracting actions. The Unit Price Book, containing prepriced units of work (tasks) which are common elements of most installation repair, maintenance and minor construction projects, and a contractor's coefficient(s) are used to facilitate the contracting process by allowing the ordering of jobs or projects without providing project-specific, detailed specifications or design and without requiring separate, competitive contracts for each project.
(b) JOC can be a beneficial approach to supplement, but not replace, existing construction contracting methods. Potential benefits to the installation commander and the Directorate of Public Works (DPW) include reduced engineering design costs, increased responsiveness for execution of planned and urgent or emergency projects, increased flexibility, and reduced overall acquisition costs and lead-time. However, initiation, use and administration of JOC involves significant up-front and recurring costs to the Army. JOC does not replace installation planning and prioritization by DPW personnel and commanders and may not be suitable in all cases. Because of the Unit Price Book, coefficient pricing technique and other special characteristics and authorities, use of JOC requires significant management oversight and application of internal controls in all phases of contract execution and administration.
17.9003-3 Planning and coordination.
(a) All organizations and functions involved in the JOC decision, management and execution must actively participate in the JOC acquisition process at every stage. Installation commanders shall ensure that, once an informed JOC decision is made, all organizations and functional elements involved (e.g., the Directorate of Contracting (DOC), DPW, Comptroller, OTJAG or legal counsel and small and disadvantaged business utilization (SADBU) specialist, as well as the cognizant USACE District and/or Division, the PARC, US Army Center for Public Works (CPW) and the Office of the Assistant Chief of Staff for Installation Management (OACSIM) work toward the effective and responsible implementation of JOC in the best overall interests of the installation and the Army.
(b) Installation commanders should carefully review their real property maintenance and repair or minor construction workload and budget plans/projections to identify work appropriate for JOC and to verify anticipated funds availability. DPW, DOC and Directorate of Resource Management (DRM) managers, as a minimum, should participate in this assessment process. To assist with the JOC analysis and implementation as required, technical coordination and support of JOC Army-wide is provided by the OACSIM. The OACSIM provides necessary site-tailored JOC technical documents, ADP software support and technical training on a reimbursable basis.
(c) JOC should be considered when an installation's projected real property repair, maintenance and minor construction workload is anticipated to be of such a yearly volume that the benefits to be derived from the use of JOC are greater than the costs of the Government resources and contractor overhead associated with establishing and using a JOC. These costs include the total Government resources required to award, use, monitor and administer the JOC and JOC orders as well as management oversight and functional support of the total JOC process. The calculated workload for a potential JOC should exclude--
(1) Work normally reserved for 8(a) or set aside for small disadvantaged businesses;
(2) Repetitive tasks that are not complex (such as interior and exterior painting, sanding and finishing/sealing of floors, roofing, etc.) and are traditionally covered by requirements contracts;
(3) Work covered by contracts awarded under the Commercial Activities Program; and
(4) Work that can be effectively and economically accomplished by in-house resources.
(d) A market survey must establish that more than one capable firm is willing to compete for a JOC at the installation.
(e) If the USACE is to award the JOC, the USACE HCA or designee shall coordinate with the supported HCA or designee. Coordination between the assigned USACE contracting office, the installation DOC and the DPW shall be maintained throughout the planning, solicitation, negotiation and source selection phases to assure the award of a contract responsive to the particular needs of the command and installation to be supported.
(a) The DPW shall document the decision and plan to use a JOC in support of an installation or activity. The HCA for the installation or the HCA's designee shall approve the decision and plan. The decision to use JOC must also be documented and approved when the JOC is resolicited.
(b) For the purposes of acquisition plan approval in accordance with 7.103(g), treat proposed job order solicitations as services acquisitions.
(c) To solicit for a JOC, the Government must develop task specifications and a Unit Price Book tailored to the needs of the installation to be supported. Any special range pricing (to get quantity discounts) of units associated with the requirements of known JOC projects to be ordered must be specified.
(a) The contracting officer, in coordination with the installation DPW, shall assure that the specifications and Unit Price Book provided by the OACSIM have undergone technical review and validation and are tailored to meet the projected requirements of the installation and local economic conditions. This is a critical step in implementing JOC and is required to minimize the need for non-prepriced items during the processing of delivery orders. The projects proposed to be ordered under JOC shall be identified in internal documentation, and a representative description shall be included in the solicitation.
(b) To encourage competition and lower coefficients, the job order solicitation shall contain realistic and reasonable minimum and maximum dollar amounts for projected requirements. Generally, the higher the minimum is, the lower the coefficient proposed will be. (See FAR 16.504.)
(c) The guaranteed minimum for the basic contract and for each option period is required. A new minimum guarantee must be obligated upon exercise of an option. The minimum guarantee need not be the same amount that was used to secure the work of the basic contract. However, it must be more than a token amount so that adequate consideration exists.
(d) Because of the complexity of small and small disadvantaged business utilization issues in relation to JOC, a DD Form 2579 is required for proposed job order solicitations. The SADBU specialist shall forward a copy of the DD Form 2579 to the Director, Office of SADBU.
(e) The responsibilities of the Government, as well as the contractor, shall be clearly spelled out in job order solicitations. To the extent possible, responsible individuals (e.g., contracting officer, ordering officer, DPW representative, COR) shall be identified, together with normal time frames for the various actions required (e.g., number of days to submit a proposal after receipt of the statement of work (SOW), number of days for the Government to evaluate the proposal and begin discussions or negotiations).
(f) The Government's unilateral right to withdraw a proposed job or order before or after receipt of contractor's proposal shall be included in the solicitation.
(g) The solicitation shall explain the make-up of the Government unit prices and specify what types of costs, as a minimum, must be covered by the coefficient. (See 17.9001 for definition.) Offerors shall be asked to specify in their proposal what additional types of costs are included in their coefficients. These additional costs may be incorporated in the contract, if appropriate, and may preclude later disagreements over non-prepriced tasks. "Pricing" of option periods, to include consideration of any wage adjustments and in lieu of any economic price adjustment provisions, shall be covered by contractor's coefficient(s) proposed for those periods. Separate coefficients may be used for normal working hours and other than normal working hours.
(h) The solicitation shall clearly notify offerors of initial and continuing bonding requirements. Initial bonding must be sufficient to cover the stated minimum projected requirements. Bond coverage is not reusable once a job or project is completed; additional bonding must be secured to cover all work ordered beyond that covered by the initial bonding. Bond premiums shall be covered in a separate line item in the schedule.
(i) The solicitation shall also contain a prominent notice concerning the applicability of the requirements of FAR 52.225-5, Buy American Act--Construction Materials, to orders issued under the JOC. Specifically, the notice shall advise offerors that they will be required to notify the contracting officer in advance of performance of any delivery order, if they (or any subcontractor or supplier) plan to use any foreign construction materials, as defined in the clause, in the performance of the order.
(j) Job order solicitations shall be accorded the same type of planning and management review as commercial activities procurement actions.
(a) Summary of ordering process. After the requirement is validated in accordance with command or installation procedures and an estimate is prepared to determine suitability of the project for the JOC, the SOW is presented to the contractor with a request for a proposal. The contractor then prepares a proposal which identifies the tasks and quantities necessary to accomplish the job. This proposal is subsequently evaluated, and agreement is reached on quantities, time, performance period, etc., through discussions and negotiations. After agreement, a fixed-price bilateral order is prepared. (Some integral non-prepriced work may be included in the order. See (e)(2).)
(b) Statement of work.
(1) The SOW for the proposed order must contain sufficient detail to enable the Government to develop an independent government estimate (IGE) and to assure that the contractor can properly prepare a responsive and cost effective proposal with a minimum of non-prepriced tasks.
(2) The SOW shall be updated prior to issuing the order to reflect the details of the negotiated agreement and to include significant quantities, methods of construction, quality levels, and number of days to complete the work. This updated SOW may also include a statement that the work shall be performed in accordance with the method and quality of construction specified in the contractor's proposal. The entire contractor's proposal will not ordinarily be made a part of the SOW. The updated SOW must contain sufficient detail to allow the Government to effectively monitor the contractor's performance.
(c) Independent Government estimate.
(1) An IGE of the job or project is required prior to evaluation of the contractor's proposal. This IGE is in addition to the earlier estimate which helped determine whether the proposed work was appropriate for JOC. This IGE is performed to aid in the determination of a fair and reasonable price. The IGE shall be prepared using the same method required of the contractor (e.g., the Unit Price Book).
(2) Total or lump sum IGEs are not acceptable for proposed JOC delivery orders. The IGE must be sufficiently detailed to be useful in evaluating not only the reasonableness of the contractor's proposed price, but also any costs associated with non-prepriced tasks.
(3) The contracting officer or, if applicable, the ordering officer, shall insure that significant differences among the SOW, the IGE and the contractor's proposal are reconciled and documented prior to placing the order.
(4) To the extent practicable, identify non-prepriced tasks in advance, and treat them as discrete items in the IGE to help determine if the price of the non-prepriced work is reasonable and to help calculate the relative value of the non-prepriced work.
(d) Negotiations. Negotiations will further reconcile differences among the IGE, SOW and the contractor's proposal. At the conclusion of negotiations, the contracting officer or ordering officer shall prepare a memorandum of negotiation and place this memorandum in the contract file.
(e) Limitations.
(1) The total estimated value of the project or order shall not exceed $300,000. For urgent or emergency situations, the HCA, who may redelegate this authority no lower than the PARC, shall approve use of JOC for orders exceeding $300,000, provided that approval is granted prior to any discussion of the proposed projects with the contractor.
(2) The value of non-prepriced work under an order shall not exceed 10 percent of the value of the prepriced work.
(i) The value of the prepriced work shall be computed by multiplying the coefficient(s) times the appropriate unit price(s) in the Unit Price Book.
(ii) When the coefficient is higher than 1.0, and the contract allows, indirect cost and profit for non-prepriced work may be attributed by application of the coefficient to the bare labor, equipment and material costs of the non-prepriced work.
(iii) Description of non-prepriced work shall not be manipulated or forced to fit under a prepriced line item, either to avoid including non-prepriced line items in the order or to reduce the value of non-prepriced line items in an attempt to circumvent the limitation in (e)(2).
(3) If the value of the non-prepriced work exceeds 10 percent, then the non-prepriced work must be reduced, eliminated or performed in house, or the job must be acquired using other contracting methods. However, contracting officers may add non-prepriced work to orders by modifications that raise the non-prepriced portion of the order above 10 percent of the total if the non-prepriced work being added involves urgent or emergency situations, differing site conditions or good business practice. The contracting officer shall negotiate the modification and make a determination that the price is fair and reasonable.
(f) Approvals. To ensure compliance with the terms of the contract and this guidance, each proposed order under the contract and supporting documentation must be independently reviewed and approved in accordance with local procedures prior to issuing a delivery order. Orders shall not be split, nor requirements modified, to circumvent the monetary thresholds in (e).
(g) Funding. Funds for the guaranteed minimum amount shall be obligated on the JOC when it is awarded. Contract performance and cumulative orders under the guaranteed minimum amount are not limited to the fiscal year in which the contract becomes effective. Funds beyond the guaranteed minimum required to complete a proposed project must be obligated by each delivery order. Orders beyond the guaranteed minimum must also comply with the bona fide need principles in AR 37-1, statutory and other restrictions on year-end spending.
(h) Forms, numbering and reports.
(1) Use DD Form 1155 to issue delivery orders. Put the following statement in Block 19 of the DD Form 1155:
Contractor must sign this delivery order in Block 16 and return a copy. Signature in Block 16 reflects contractor's acceptance of the delivery order.
(2) The contracting officer shall use Standard Form 30 to execute modifications to a delivery order.
(3) The contracting officer responsible for the actions of specific ordering officers shall retain control over assignment of all Supplementary Procurement Instrument Identification Numbers (SPIINS) related to JOC delivery orders. (See DFARS Subpart 4.70.)
(4) The contracting officer shall also be responsible for timely preparation and submission of procurement reporting forms and related reports and data, e.g., DD Forms 350 and 1057.
(5) Automated versions of forms may be used for JOC if otherwise authorized.
(i) Distribution. A copy of all orders issued under the JOC must be sent to the contracting office appointing ordering officers, the Finance and Accounting Office and the office or individual assigned responsibility for inspection and technical administration of the contract or the COR, if one is appointed. The contracting officer shall maintain the permanent record of each transaction.
17.9005 Contract administration.
(a) Because of the indefinite-quantity nature of JOC and the unique, local ordering responsibilities and procedures described in this subpart, JOC awarded by the USACE should be transferred to the DOC for the supported installation on a successor contracting officer basis as soon as practicable after award.
(b) Effective administration of JOC requires identification and assignment of appropriate resources within the DPW and the DOC, as well as common training on installation JOC objectives prior to the award of JOC.
17.9006 JOC ordering officers.
(a) Appointment.
(1) The appointment of a special "JOC ordering officer" is authorized, but not required. Appointments of ordering officers under each JOC shall be kept to a minimum. There must be a good reason for multiple appointments, e.g., volume of orders or multiple, geographically separated locations being supported on a regular basis. Each appointment should address specified, discrete authority. JOC ordering officers appointed shall generally be senior, experienced individuals in the DPW with special expertise in real property maintenance and repair and minor construction projects or contracts and previous experience as a COR. Formal DoD or Army procurement-related training is desirable.
(2) JOC ordering officers shall be nominated by the Director of Public Works (or equivalent facilities engineering manager) and appointed by letter similar to that in Figure 1-2 (see 1.602-2-90), tailored for JOC, signed by the chief of the contracting office, PARC or HCA, as required by HCA procedures.
(b) Training. All JOC ordering officers shall receive specific training and orientation from the responsible contracting office (usually the local DOC). This training shall cover policy and procedures for operation of JOC, including this AFARS coverage, and shall specifically address the ordering officer's authority, limitations and responsibilities, to include ethics, conflict of interest, and potential pecuniary liabilities.
(c) Authorization and limitations.
(1) JOC ordering officers may sign delivery orders under JOC on behalf of the Government when authorized by their appointment letter and the terms of the contract, provided that the total value of the order is $25,000 or less and the value of any non-prepriced item(s) does not exceed $2,500.
(2) JOC ordering officers may be authorized to sign delivery orders of greater value on behalf of the Government, if determined necessary to realize the benefits of JOC, provided that--
(i) Adequate local management controls are in place (e.g., DOC oversight);
(ii) Adequate training is provided; and
(iii) The chief of the contracting office approves.
(d) Responsibilities. JOC ordering officers--
(1) Are responsible for ensuring that all proposed project descriptions and delivery orders under JOC express the Government's actual requirements, validated in accordance with command and installation procedures, in a professional and understandable manner;
(2) Shall ensure that an IGE is prepared prior to evaluating the contractor's proposal;
(3) Shall ensure that adequate and proper funds are available for the project prior to issuing an order;
(4) Shall notify the contracting officer of any additional bonding requirements associated with new orders or changes in the value of existing orders;
(5) As the principal point of contact for technical and engineering issues, shall respond to requests for technical clarification from the JOC contractor, documenting both the request and the response, and shall conduct the joint preproposal site survey, assuring that the contractor is provided access to all required facilities, plans and other documents required for full knowledge of the scope and conditions of the required job;
(6) May evaluate contractor proposals; compare them with the IGE; negotiate scope of work, quantities and performance period for prepriced tasks and non-prepriced tasks; and may negotiate price on non-prepriced tasks valued at $2,500 or less for orders within the JOC ordering officer's signature authority;
(7) For orders estimated to exceed the JOC ordering officer's signature authority the JOC ordering officer shall generally be responsible for evaluation of contractor proposals for proposed orders and may be authorized to solicit such proposals and clarify and negotiate units and quantities of prepriced tasks; and shall assist the contracting officer, as requested, in negotiations and resolution of variances between the IGE and the contractor's proposal;
(8) Shall be responsible for maintaining complete contract file documentation for each order executed, including a record of all related correspondence and actions taken prior to award of the order and in the order administration phase;
(9) Shall be responsible, with the Director of Public Works, for assisting the contracting officer in technical monitoring of the contractor's performance of orders issued under JOC to include--
(i) Monitoring compliance with the SOW and schedule;
(ii) Contractor or supplier compliance with the clause at FAR 52.225-5, Buy American Act--Construction Materials;
(iii) Davis-Bacon Act wage compliance;
(iv) Assessment and validation of percentage of completion for progress payments purposes;
(v) Recommendations to the contracting officer for changes to existing orders, including extension of performance period;
(vi) Documenting and quickly reporting to the contracting officer systemic or recurring problems in contractor performance;
(vii) Prioritization of orders when required (in coordination with the DPW and appropriate installation officials), provided no increase in cost is involved; and
(viii) Preparation of any JOC status reports required by command, installation, or DOC regulations or directives or as requested by OACSIM or HQDA;
(10) Shall deliver the complete record file to the contracting officer upon completion, and keep, for DPW files, additional copies of documents required for continuing DPW responsibility, e.g., as-built drawings and warranties; and
(11) Shall identify and report to the DPW and the contracting officer any recurring or significant inaccuracies or omissions in the task specifications of the Unit Price Book contained in the job order solicitation or JOC and shall propose needed changes.
17.9007 Contracting officer responsibilities.
(a) The contracting officer is the official ultimately responsible for management of all aspects of JOC, including the actions of any JOC ordering officer, COR, and member of the DPW staff who is carrying out functional oversight responsibilities related to JOC administration.
(b) The contracting officer shall issue orders under JOC which a JOC ordering officer is not authorized to execute. In general, all orders exceeding $25,000 or involving non-prepriced tasks exceeding $2,500 shall be executed by a warranted U.S. contracting officer, but see 17.9006(c)(2) for an exception.
(c) All modifications to JOC delivery orders shall be executed by the contracting officer. Any change to the delivery or performance schedule must be issued by modification. Only the contracting officer may exercise an option to extend JOC or issue any other modification to JOC.
(d) The contracting officer for the JOC shall ensure that all orders, together with significant supporting documentation issued outside the contracting office, are duly received, recorded and reported and that such orders are regularly reviewed for completeness and compliance with AFARS and sound business practices. At least twice a year, the contracting officer shall ensure that ordering officer files and procedures are reviewed and that a representative sampling of orders is selected for tracking from initiation of the requirement to final payment and close-out of the order.
(a) The internal control program shall include the following, as a minimum:
(1) Separation of duties and responsibilities to establish internal checks and balances.
(i) The individual who negotiates with the contractor, approves or issues the delivery order or who is under the direct supervision of the ordering officer shall not prepare the IGE.
(ii) Project scoping and project quality assurance/acceptance activities will be kept separate. Individuals involved with project scoping and development as well as proposal negotiations with the contractor will not be the same individual responsible for monitoring quality assurance. The responsibility for recommending acceptance of completed work will remain with separate quality assurance personnel. Alternatives are acceptable; however, they must meet the intent of paragraph 17.9008(a)(1).
(2) Clear assignment of responsibilities and authority throughout the JOC process.
(b) An internal control JOC action and documentation checklist, tailored to the needs of the command or installation shall be developed to assist personnel responsible for management of JOC. Activities may use those measures outlined in the Internal Control and Review Plan, Appendix D of the JOC Guide to supplement existing internal control plans.
SUBPART 17.91--COMPETITION BETWEEN PUBLIC ACTIVITIES AND PRIVATE SECTOR FIRMS
17.9101 Solicitation Procedure.
Include the following notice on the face of each solicitation issued in support of a public activity proposal for a DoD acquisition.
"This solicitation is in support of a public activity proposal for a Department of Defense acquisition open to public activities and private sector firms. Unless the public activity proposal is selected for award, this solicitation will be canceled."