Approval of Service Contracts and Task and Delivery Orders
DFARS Case 2002-D024
Interim Rule
PART 207—ACQUISITION PLANNING
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207.105 Contents of written acquisition plans.
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(b) Plan of action.
[(4) Acquisition considerations.
When supplies or services will be acquired by placing an order under a non-DoD contract (e.g., a Federal Supply Schedule contract), regardless of whether the order is placed by DoD or by another agency on behalf of DoD, address the method of ensuring that the order will be consistent with DoD statutory and regulatory requirements applicable to the acquisition and the requirements for use of DoD appropriated funds.]
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PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES
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208.404 Using schedules.
(a)[(i) Departments and agencies shall comply with the review and approval requirements established in accordance with Subpart 217.78 when placing orders for supplies or services in amounts exceeding the simplified acquisition threshold.
(ii)] * * *
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PART 216—TYPES OF CONTRACTS
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216.505 General.
[(1) Departments and agencies shall comply with the review and approval requirements established in accordance with Subpart 217.78 when placing orders under non-DoD contracts in amounts exceeding the simplified acquisition threshold.
(2)] * * *
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PART 217—SPECIAL CONTRACTING METHODS
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[SUBPART 217.78—CONTRACTS OR DELIVERY ORDERS ISSUED BY A NON-DOD AGENCY
217.7800 Scope of subpart.
This subpart—
(a) Implements Section 854 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375); and
(b) Prescribes policy for the acquisition of supplies and services through the use of contracts or orders issued by non-DoD agencies.
217.7801 Definitions.
As used in this subpart—
“Assisted acquisition” means a contract awarded or a task or delivery order placed on behalf of DoD by a non-DoD agency.
“Direct acquisition” means a task or delivery order placed by a DoD official under a contract awardedby a non-DoD agency.
217.7802 Policy.
Departments and agencies shall establish and maintain procedures for reviewing and approving orders placed for supplies and services under non-DoD contracts, whether through direct acquisition or assisted acquisition, when the amount of the order exceeds the simplified acquisition threshold. These procedures shall include—
(a) Evaluating whether using a non-DoD contract for the acquisition is in the best interest of DoD. Factors to be considered include—
(1) Satisfying customer requirements;
(2) Schedule;
(3) Cost effectiveness (taking into account discounts and fees); and
(4) Contract administration (including oversight);
(b) Determining that the tasks to be accomplished or supplies to be provided are within the scope of the contract to be used;
(c) Reviewing funding to ensure that it is used in accordance with appropriation limitations;
(d) Providing unique terms, conditions, and requirements to the assisting agency for incorporation into the order or contract as appropriate to comply with all applicable DoD-unique statutes, regulations, directives, and other requirements; and
(e) Collecting data on the use of assisted acquisition for analysis.]
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PART 237—SERVICE CONTRACTING
SUBPART 237.1—SERVICE CONTRACTS—GENERAL
237.170 Approval of contracts and task orders for services.
237.170-1 Scope.
This section—
(a) Implements 10 U.S.C. 2330; and
(b) Applies to services acquired for DoD, regardless of whether the services are acquired through—
(1) A DoD contract or task order; or
(2) A contract or task order awarded by an agency other than DoD.
237.170-2 Prohibition on acquisition of services.
Unless approval is obtained in accordance with 237.170-3, do not acquire services through use of a contract or task order that—
(a) Is not performance based; or
(b) Is awarded by an agency other than DoD.
237.170-3[2] Approval requirements.
(a) Acquisition of services through a DoD contract or task order that is not performance based.
(1) For acquisitionsat or below $50,000,000, obtain the approval of the official designated by the department or agency.
(2) For acquisitions exceeding $50,000,000, obtain the approval of the senior procurement executive.
(b) Acquisition of servicesthrough anycontract or task order awarded by an agency other than DoD. Obtain approval in accordance with department or agency procedures.
[(b) Acquisition of services through use of a contract or task order issued by a non-DoD agency. Comply with the review and approval requirements established in accordance with Subpart 217.78 when acquiring services through use of a contract or task order issued by a non-DoD agency.]
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