Date Concur, Project Officer's Immediate Super visor Date Concur, Contracting Officer Date Approved, Approving OfficialDate 306.304 Approval of the justification. over (a)(1) For small purchases $1,000 up to and including $25,000, the contracting officer is authorized to review and approve (or disapprove) the justification (see 313.106(c)(2)). For acquisitions over $25,000, but not exceeding $100,000, the JOFOC shall be submitted to the contracting officer for review. The contracting officer will either concur or nonconcur, and forward the JOFOC to the principal official responsible for acquisition for approval. (When the contracting officer and principal official responsible for acquisition are the same individual, the approval will be made by the respective official listed in 306.501.) The principal official responsible for acquisition may redelegate approval for acquisitions between $25,000 and $50,000 to the chief of the contracting office, provided that individual is at least one level above the contracting officer who will sign the contract. (2) The competition advocates are listed in 306.501. (3) The following shall serve as the approving officials referenced in FAR 6.304(a)(3): HCFA-Administrator for Health Care Fi (d) The contracting officer who receives a JOFOC for processing shall, after ascertaining that the document is complete, request advice from pricing, audit, legal, and other appropriate staff offices, and forward the JOFOC with his or her concurrence or nonconcurrence, to the appropriate approving official. When the contracting officer does not concur with the JOFOC, a written explanation setting forth the reasons must be provided the approving official. If the JOFOC is disapproved by the approving official, the contracting officer shall promptly notify the concerned program office. (e) It is the responsibility of the approving official to determine whether a contract may properly be awarded without full and open competition. The program office and project officer are responsible for furnishing the contracting officer and approving official with pertinent supporting information necessary to make such determinations. Other staff offices shall advise the contracting officer and approving official as requested. (f) As each justification is reviewed, the approving official should ask: why the acquisition cannot be competed, are there sufficient grounds for excluding all other actual or potential sources, what actions can be taken to obtain full and open competition in the instant acquisition, and what actions are needed to avoid the need for a subsequent or continuing acquisition that is for other than full and open competition? Subpart 306.4-Sealed Bidding and Competitive Proposals 306.401 Sealed bidding and competitive proposals. The requirement in FAR 6.401 to document the reasons sealed bidding is not appropriate may be accomplished by adding a sentence to the negotiation memorandum (see 315.672) specifying which criterion (or criteria) listed in FAR 6.401(a) is (are) not applicable to the acquisition. 20-183 0-89-2 Sec. 307.105 Contents of written acquisition plans. 307.105-1 Format and content. 307.105-2 Special program clearances or approvals. 307.105-3 Specification, purchase description, and statement of work. 307.170 Program training requirements. 307.170-1 Policy exceptions. 307.170-2 Training course prerequisites. Subpart 307.3-Contractor Versus Government Performance 307.302 General. 307.303 Determining availability of private commercial sources. 307.304 Procedures. 307.307 Appeals. Subpart 307.70—Considerations in Selecting an Award Instrument 307.7000 Scope of subpart. 307.7001 Applicability. 307.7002 Purpose. 307.7003 Distinction between acquisition and assistance. 307.7004 Procedures. Subpart 307.71—Phase II Advance Acquisition Planning (Scheduling) 307.7101 Background. 307.7102 Accountability and responsibility. 307.7103 Purpose. 307.7104 Contracting activity actions. AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c). SOURCE: 49 FR 13969, Apr. 9, 1984, unless otherwise noted. Subpart 307.1-Acquisition Plans 307.104 General procedures. (a) The acquisition planning document is an administrative tool designed to enable the contracting officer and project officer to plan effectively for the accomplishment of an acquisition during a specified time frame. The acquisition planning document serves as an outline of the method by which the contracting officer expects to accomplish the acquisition task. (c) If the plan proposes using other than full and open competition, the plan shall also be coordinated with the Chief of the contracting office, acting for the competition advocate. (a) The acquisition planning document is required for all new negotiated acquisitions which are expected to exceed $100,000, except the following: (1) Acquisition of architect-engineer services; (2) Acquisitions of utility services where the services are available from only one source; and (3) Acquisitions made from or through other Government agencies. (b) An acquisition planning document is also required for all two-step sealed bid acquisitions expected to exceed $100,000. (c) The principal official responsible for acquisition shall prescribe acquisition planning procedures for: (1) Negotiated acquisitions which are not expected to exceed $100,000; (2) Two-step sealed bid acquisitions which are not expected to exceed $100,000; and (3) All other sealed bid acquisitions regardless of dollar amount. (d) An acquisition planning document is not required for a contract modification which either exercises an option or adds funds to an incrementally funded contract, provided there is an approved acquisition planning document in accordance with 307.105 and there is no significant deviation from that plan. [49 FR 13969, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985; 50 FR 38004, Sept. 19, 1985] 307.104-2 Responsibilities for acquisition planning. (a) Planning by program and staff activities. Whenever execution of a program or project requires the acquisition of property or services by contract, the program or project plan shall delineate all elements to be acquired by contract. The program or project plans must include a plan and time-frame for completion action. (b) Planning for acquisition actions. Action should commence as early as possible to effect an orderly and balanced acquisition workload through out a fiscal year. Project officers who expect to initiate acquisitions are required to discuss their requirements with the contracting officials who will be responsible for these acquisitions to compare current staff capabilities with anticipated requirements to achieve an even distribution of fiscal year workload consistent with program needs. These discussions should result in understandings on: (1) The details of the acquisition plan; (2) Schedule for the completion of the acquisition plan; (3) Preliminary discussions on the work statement/specifications and appropriate evaluation criteria; and (4) Preliminary discussions on the content and timing of the request for contract (RFC). (c) Planning by contracting activities. Contracting activities are required to coordinate with program and staff offices to ensure: (1) Timely and comprehensive planning for acquisitions; (2) Timely initiation of requests for contracts; and (3) Instruction of program and staff offices in proper acquisition practices and methods. 307.104-3 Preparation of acquisition plan. (a) The acquisition planning document serves as an advance agreement between program and contracting personnel by outlining the methods of how and when the acquisition is to be accomplished. It serves to resolve problems early in the acquisition cycle thereby precluding delays in contract placement. It is developed prior to the preparation and submission of the formal request for contract to the contracting activity. (For detailed information concerning the request for contract, see Subpart 315.70.) (b) The acquisition planning document shall be prepared jointly by the project officer and the contract negotiator or in accordance with procedures prescribed by the principal official responsible for acquisition. (a) Identification information. The contracting activity shall prescribe the information necessary for readily identifying a planned acquisition. The information may include items such as acquisition planning document number, request for contract number, public law, program or project officer, etc. (b) Programmatic considerations. (1) Description of the project/supplies/services. Include a brief description of the proposed project/supplies/ services. Discuss all anticipated future requirements related to the acquisition. Discuss any past, present or future interrelated projects. (2) Project funding. Include the summary of funds expected to be obligated for the entire project by fiscal years and phases. Include expenditures for previous years. Discuss the probability of obtaining future years funding and/ or what specific managerial action can be taken to insure future funding (if applicable). (3) Background and acquisition history. Provide a brief factual summary of the technical and contractual history of the supplies/services being acquired. (4) Related projects, efforts undertaken to avoid duplication of effort. Discuss efforts made to determine if existing projects, supplies or materials will satisfy the requirement. Include any related in-house efforts, searches, and clearinghouse reviews made to avoid duplication of effort. (5) Need for project/supplies/services. Discuss rationale for deciding on the need for the project/supplies/services. (6) Special program clearances or approvals. Review 307.105-2 to determine which special program clearances or approvals are required. Specify clearances or approvals applicable to this acquisition. (7) Phasing. Briefly describe discrete tasks or stages of accomplishment which could be susceptible to phasing. Describe criteria for evaluation of performance of each phase before proceeding to the next. (See 307.1053(c)(3) for a discussion on phasing.) (8) Government furnished material/ facilities. Indicate material and facilities that will be furnished to the contractor and any associated problems which may be encountered. Discuss possible inequities which may arise in furnishing the materials or facilities. Discuss screening efforts for availability through GSA excess property schedules. (9) Discussion of project risk. Provide a discussion of major areas of project risk including technical, cost, and schedule risk. Describe what efforts are planned to reduce risk. If an acquisition, which is planned to be awarded using other than full and open competition represents a significant portion of a proposed contractor's business, discuss the impact on technical capability, realism of schedule, changes in contractor workload and related cost impact. require (10) Reporting/delivery ments. Describe the basis for establishing the delivery/reporting requirements and include the anticipated deliverables and time(s) for delivery. (11) Replication, dissemination, or use of the results. Discuss anticipated replication, dissemination, or use of the results. Describe user audience and their expected use. Include a description of the delivery system. (12) Data, data rights, patents, copyrights. Discuss data to be developed. Specify data to be delivered and data to remain in the contractor's possession. Discuss how the data is to be used, maintained, disclosed and disposed of by the contractor. Discuss data subject to the Privacy Act or Confidentiality of Information clause. Discuss data to be delivered with limit ed rights, data where title would not vest in the Government, and anticipated copyrights or patents. Discuss whether or not the data will permit any follow-on acquisitions to be competitive. (13) Post-award administration and monitoring. Detail milestones that require periodic evaluation of the contractor's progress. Discuss any formal management systems to be used to monitor the contractor. Discuss plans for post-award conference and site visits. Delineate the timing of the periodic status reports. (14) Technical evaluation plans. Discuss the plans for technical evaluation of the proposal. Discuss whether nonFederal technical evaluators will review the proposals. Discuss potential conflict of interest situations. (c) Acquisition approach. (1) Proposed sources. Include sources or categories of sources (if apparent). Address the pertinent areas stated in FAR 7.105(b)(2). (2) Contract type. Provide the rationale for recommendation of contract type. (3) Socioeconomic programs. Discuss preliminary liaison with the Small and Disadvantaged Business Utilization Specialist for review to determine requirements susceptible for the various socioeconomic acquisition programs; i.e., small business, disadvantaged business, or labor surplus area setasides. (4) Other considerations, as applicable. Discuss special contract clauses and proposed HHSAR deviations, if required. Discuss circumstances such as the effect of a protest on a previous acquisition to this acquisition, special public law or regulatory requirements which place restrictions on this acquisition, and use of a special type of synopsis. Address planned preproposal conference, preaward survey and preaward site visits. (d) Planning for the acquisition cycle. (1) Scheduling considerations. The project officer and the contract negotiator shall establish realistic planned dates which meet the program needs for award to assure timely delivery or completion of the project. The following factors should be considered in planning realistic dates: (i) Individual project officer and contract negotiator workloads; (ii) Planned, extended absences from the office; and (iii) Schedules are in consonance with established office goals for overall orderly and balanced workloads. (2) Acquisition planning schedule. The following acquisition planning schedule should be included in all plans to the extent the items are significant or appropriate to the acquisition. Additional items may be added as appropriate. ACQUISITION PLANNING SCHEDULE Actions and Date Advance or sources sought synopsis released Special program approvals received Request for proposal released Technical evaluation received Cost advisory or audit report received Contract document prepared (e) Approvals. All acquisition planning documents shall be signed by the project officer and the contract negotiator. Acquisition planning documents for acquisitions estimated to be between $100,000 and $1,000,000 shall be approved by the contracting officer. Acquisition planning documents for acquisitions estimated to be in excess of $1 million shall be approved by the principal official responsible for acquisition or his/her designee. The designated official shall be in a position no lower than the level above the contracting officer. One copy of all acquisition planning documents shall be filed with the principal official responsible for acquisition or the designated official for planning purposes. The original acquisition planning document shall be retained in the contract file. |