AFARS PART 53

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SUBPART 53.2--PRESCRIPTION OF FORMS

53.204 Administrative matters.

53.204-70 DD Form 350, Individual Contracting Action Report.

53.204-71 DD Form 1057, Monthly Contracting Summary of Actions $25,000 or Less.

53.213-70 Instructions for completion of DD Form 1155.

SERVICES--

53.90 STANDARD ARMY FORMATS.

53.9000 General.

53.9001 Contracting Officer's Representative Appointment Letter.

53.9002 Ordering Officer Appointment Letter.

53.9003 Determination and Findings.

53.9004 Justification review document for other than full and open competition.

53.9005 Justification and Authorization for Other Than Full and Open Competition.

53.9006 Bid Protest Action Report.

53.9007 Bid Protest Analysis Report.

53.9008 Format for an Economy Act Determination and Findings

53.9009 Withdrawal of Approval of Property Control System

53.9001 Sample COR designation.

SUBJECT: Designation of Contracting Officer's Representative (COR) for Contract (Enter number.).

1. Pursuant to DFARS 201.602-2 and AFARS 1.602-2-90, you are designated as the contracting officer's representative (COR) in administration of the following contract:

2. You are authorized by this designation to take action with respect to the following:

3. You are not empowered to award, agree to or sign any contract (including delivery orders) or contract modification or in any way to obligate the payment of money by the Government. You may not take any action which may affect contract or delivery order schedules, funds or scope. All contractual agreements, commitments or modifications which involve price, quantity, quality, delivery schedules or other terms and conditions of the contract shall be made by the contacting officer. You may be personally liable for unauthorized acts. You may not redelegate your COR authority.

4. This designation as a COR shall remain in effect through the life of the contract, unless sooner

revoked in writing by the contracting officer or unless you are separated from Government service. If you are to be reassigned or to be separated from Government service, you shall notify the contracting

officer sufficiently in advance of reassignment or separation to permit timely selection and designation of a successor COR. If your designation is revoked for any reason before completion of this contract, turn your records over to the successor COR or obtain disposition instructions from the contracting officer.

5. You are required to maintain adequate records to sufficiently describe the performance of your duties as a COR during the life of this contract and to dispose of such records as directed by the contracting officer. As a minimum, the COR file shall contain the following:

6. All personnel engaged in contracting and related activities shall conduct business dealings with industry in a manner above reproach in every aspect and shall protect the U.S. Government's interest, as well as maintain its reputation for fair and equal dealings with all contractors. DoD 5500.7-R sets forth standards of conduct for all personnel directly and indirectly involved in contracting.

7. A COR who may have direct or indirect financial interests which would place the COR in a position where there is a conflict between the COR's private interests and the public interests of the United States shall advise the supervisor and the contracting officer of the conflict so that appropriate actions may be taken. CORs shall avoid the appearance of a conflict of interests to maintain public confidence in the U.S. Government's conduct of business with the private sector.

8. You are required to acknowledge receipt of this designation on the duplicate copy and return it to the contracting officer. Your signature also serves as certification that you have read and understand the contents of DoD 5500.7-R. The original copy of this designation should be retained for your file.

SIGNATURE BLOCK OF

Receipt of this designation is acknowledged.

NAME: (Print or type) SIGNATURE:

TITLE: DATE:

RANK/GRADE: TELEPHONE

53.9002 Sample ordering officer appointment.

SUBJECT: Appointment of Ordering Officer

1. Appointment. Under AFARS 1.602-2-91, you are appointed an Ordering Officer for the purposes set forth in paragraph 2. Your appointment shall become effective (enter date) and shall remain effective, unless sooner revoked, until expiration of the contract(s) enumerated in paragraph 2 or until you are reassigned or your employment is terminated. You are responsible to and under the technical supervision of the chief of the (enter name of installation or activity) contracting office for your actions as an Ordering Officer.

2. Authority, Limitations and Requirements. Your appointment is subject to the use of the following method(s) of purchase, limitations and requirements:

to the contracting officer who awarded the contract against which the delivery order was placed.

You may not make any changes in the terms or conditions of any contracts against which you place delivery orders.

3. Standards of Conduct and Contracting Action Reporting Requirements.

4. Termination of Appointment.

appointment will be terminated in writing if you are reassigned; it shall automatically be terminated on the date you are separated from Government service, if it is not revoked sooner.

5. Acknowledgement of Receipt. You are required to acknowledge receipt of this appointment on the duplicate copy and return it to the contracting officer. Your signature also serves as certification that you have read and understand the contents of DoD 5500.7-R. The original copy of this designation should be retained for your file.

Receipt of this appointment is acknowledged.

NAME: (Print or type) SIGNATURE:

TITLE: DATE:

RANK/GRADE: TELEPHONE:

53.9003 Sample determination and findings.

In accordance with FAR 25.102(b) and DFARS 225.102(b), I hereby determine under FAR 25.102(a)(4) that the item(s) described in this document is (are) not (mined, produced or manufactured) in the United States (or, the articles, materials, or supplies from which the item(s) is (are) manufactured in the United States or a qualifying country, are not (mined, produced or manufactured) in the United States) in sufficient and reasonably available commercial quantities of a satisfactory quality. The requirement cannot be canceled.

FINDINGS

1. The U.S. Army, (contracting activity), proposes to acquire for public use (describe quantity and item(s)), manufactured by (manufacturer's name, city and country of origin) from (proposed contractor and complete address). (Describe the purpose of the item(s) and the actual or estimated cost, including transportation to the destination and applicable duty. Describe how costs were determined.)

2. (Clearly establish the basis for the nonavailability of domestic end products. Summarize the acquisition history of the item(s). Discuss efforts to obtain domestic end products, and discuss the feasibility of using substitutes. Clearly establish which performance requirements or characteristics are essential to the requirement and are not available in domestic end products, and list them. Individual preference for a particular make or type of equipment is not sufficient justification.)

3. (Using the terminology in FAR 25.101 and DFARS 225.000-70, explain the applicability of the Buy American Act and other restrictions described in FAR Part 25 and DFARS Part 225 to the acquisition. Include a statement that the exceptions in FAR 25.108(d) and DFARS 225.872 do not apply. Identify the applicable exception to the Trade Agreements Act of 1979 in FAR Subpart 25.4 and DFARS Subpart 225.4. Justify the acquisition of an item from an area specified in FAR 25.702 when applicable.)

4. (State why the requirement cannot be canceled, including the impact on the military operation, and state whether this is a one-time or recurring requirement.)

(As required)

APPROVED:

SIGNATURE BLOCK

53.9004 Format for a Justification Review Document for Other Than Full and Open Competition.

Program/Equipment:

Authority: Amount:

Prepared by:

Procuring Contracting Officer:

Technical Representative:

Requirements Representative:

REVIEWS: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager (1)

Legal Counsel

Principal Assistant Responsible for Contracting

Competition Advocate (2)

(1) Add PEO signature block when item is PEO managed.

(2) For non-PEO items managed by the Army Materiel Command, add AMC Competition Advocate.

53.9005 Format for a Justification and Approval for Other Than Full and Open Competition.

JUSTIFICATION

1. Contracting Activity: Specify the contracting activity responsible for this action.

2. Description of Action: State whether approval is being requested for a new contract or a modification. Include type of contract, type of funds to be used (R&D, OPA, OMA) and, when applicable, the estimated share and ceiling arrangements.

3. Description of Supplies/Services: Describe the supplies/services. Include the estimated total value, including options, if any.

4. Authority Cited: Identify the statutory authority permitting other than full and open competition, followed by the FAR citation and FAR citation title.

5. Reason for Authority Cited: Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractor's unique qualifications for fulfilling the contract requirements. If the authority is FAR 6.302-1, include the required delivery schedule and lead-time involved. If the authority is FAR 6.302-2, include the required delivery schedule and lead-time involved as well as a discussion of the serious injury to the Government which would result if award of a contract is delayed.

6. Efforts to Obtain Competition: Describe efforts to ensure that offers are solicited from as many potential sources as is practicable. Also describe the extent of effective competition anticipated for this acquisition.

7. Actions to Increase Competition: There may be instances when it is not possible to compete the current acquisition. Include a statement of the actions taken, or to be taken, to increase competition (e.g., breakout) before any subsequent acquisition of the supplies or services. If the requirement is for a repair part, address whether or not it has been screened under DFARS Appendix E. If it has been screened, provide the Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC). Provide the approximate date the technical data package will be available.

8. Market Survey: Describe the extent and the results of the market survey (FAR 7.101) conducted to identify all qualified sources. If one was not conducted, give the reasons, and attach a copy of the approved waiver.

9. Interested Sources: Include a listing of the sources that have written to express interest in the acquisition. If applicable, clearly state that "To date, no other sources have written to express an interest." If 10 U.S.C. 2304(c)(1) is the authority cited, explain why other sources were rejected. Also, state that the notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered. If a CBD notice will not be published, state which exception in FAR 5.202 applies.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

d. Subcontracting competition. In single source situations, address efforts to be taken by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting.

11. Technical Certification: Include the following statement:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification: Include the following statement:

13. Fair and Reasonable Cost Determination: Include the following determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.).

14. Procuring Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

Title: Signature:

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of (state equipment/services being procured) on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(insert authority), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

53.9006 Format for a Bid Protest Action Report.

BID PROTEST ACTION REPORT

PROTESTER:

PROTEST NUMBER:

PROTEST FORUM (GAO/GSBCA/AGENCY):

Has there been a FOIA request or Congressional, OSD, HQDA, media, or other high level interest in any aspect of the protested acquisition or action (including the time period prior to any protest)?

CIRCLE ONE: PREAWARD/POST AWARD NEGOTIATED/SEALED BID

BEST VALUE: YES NO

Description of item or service:

Solicitation No:

Contract No:

Awardee:

Award Date: Award Amount:

Estimated Amount (if preaward):

(Do not round off/abbreviate dollar amounts)

Stop Work? Yes No If Yes, date issued:

Attorney assigned to the protest (include phone):

Contracting Officer (include phone):

LESSONS LEARNED and legal/acquisition costs are to be submitted by letter covering a copy of decision.

53.9007 Format for the Quarterly Bid Protest Analysis Report.

(Separate Report for GAO and GSBCA Protests)

FOR THE PERIOD COVERING:

1. Protests filed this quarter:

a. Total number:

2. Number of protests sustained/granted in this quarter:

3. Costs:

4. Lessons Learned, Issues and Trends, Divergence from Precedent. Provide a copy of all decisions for sustained protests along with the lessons learned.

53.9008 Format for an Economy Act Determination and Findings

ECONOMY ACT DETERMINATION AND FINDINGS

1. I have reviewed the requirement for (description of supply or service) that (requiring activity) proposed to place with (Government agency/corporation outside of DoD) as an interagency order under the Economy Act. My review resulted in the following findings:

2. Given the above findings, I hereby determine that it is in the best interest of the Government to place an order for (requirement) with (Agency) under the authority of the Economy Act.

53.9009 Withdrawal of Approval of Property Control System.

(OFFICIAL LETTER HEAD)

OFFICE SYMBOL

CONTRACTOR'S NAME AND ADDRESS

(list all deficiencies)

By letter of (insert date) you were advised that approval of the property control system would be withdrawn unless the noted deficiencies were corrected by (insert date). As of this date, these corrections have not been accomplished. This undue delay in complying with your contractual requirements concerning Government property and your continued delay in rectifying noted deficiencies indicate a lack of concern by (insert contractor's name) managerial personnel. Therefore, the approval of your Property Control System is withdrawn as of (insert date). As a result of this action, (insert contractor's name) shall be liable for any loss or damage to the Government property occurring after receipt of this notice in accordance with the provisions of the contract.

(NOTE: Send by registered or certified mail.)

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