National Capital Region OPARC Newsletter Volume Issue February Implementation

National Capital Region OPARC Newsletter Volume 1, Issue 1 February 2008 • Implementation of New Specialty Metals Restriction Specialty metals restriction in 10 U.S.C. 2533b have changed, and are attached in the memorandum for reference. Reference — Click Yellow Note Special points of interest: • Policy Guidance • Synchronized Predeployment and Operational Tracker (SPOT) (SPOT) program is the DoD Enterprise system for tracking contractors who deploy with the military. SPOT is the only system that supports the DoDI 3020.41 requirements and meets congressional mandates for accounting for contractor personnel performing in Iraq or Afghanistan. Information on how contractors register and enter data into SPOT can be accessed at http://www.defenselink.mil/bta/products/spot.html. An additional class deviation too. Reference — Click Yellow Note Quick Links: • AMC • ACA • CCE • ITEC4 • Interagency Acquisition Our first responsibility is to the Soldier who protects and preserves our Great Nation. DPAP provided clarification on existing interagency acquisition policy. Additional resources and guidelines can be found within the memorandum. Reference — Click Yellow Note • Contract Reporting to FPDS-NG The Department has advised OMB that final certification of the completion and accuracy of FY07 data in FPDS-NG will not be available until Q3FY08; 90 days after scheduled completion of the Component-identified 12 critical data management fixes necessary to complete reporting. Reference — Click Yellow Note • Decision Authorities of DoD Components for Acquisition of Services Approval of changes were made to the table of decision authorities for the DoD Components as defined in the Acquisition of Services Policy. Reference — Click Yellow Note • Improving Communication During Competitive Source Selection If YOU receive a protest on an acquisition valued at $1 Billion or more, notify legal, the NCR OPARC and prepare your briefing! Reference — Click Yellow Note • Report on Service Surcharges for Purchases DPAP Briefing Its requested that the military departments, and defense agencies submit their report on service charges as per Section 813 of the National Defense Authorization Act. Reference — Click Yellow Note • Class Deviation from FAR Parts 45 and 52 This class deviation deletes the definition of "Plant Equipment" which now is simply considered personal property. This class deviation is mandatory on all solicitations issued after 1 Jan 2008 where "Real Property" is addressed. Reference — Click Yellow Note • Past Performance Information Emphasizes is place on the use of past performance information as a tool to provide feedback to contractors and as information utilized in source selections when it's properly collected and finalized in the Contractor Performance Assessment Reporting System (CPARS). Reference — Click Yellow Notes • Iraq and Afghanistan Theater Business Clearance (TBC) It outlines procedures when awarding contracts to be performed in Iraq or Afghanistan. Contracting Officers will be required to modify the existing contracts, insert appropriate clauses, assign contract administration and report to JCC. Reference — Click Yellow Note • Implementation of the Biobased Products Preference Program Rule Insert provision, 52.223-1 and clause 52.223-2 of Biobased Products that require the delivery or specify the use of USDA-designated items. Reference — Click Yellow Note • Reporting Unclassified Contract Action to FPDS-NG Due to the potential risk of insight to agency individual missions and budgets associated with reporting, a waiver to not report unclassified actions to FPDS-NG at this time has been granted to the intelligence communities. Reference — Click Yellow Note Volume 1, Issue 1 Page 2 • Reporting Unclassified Contract Actions to FPDS-NG Due to the potential risk of insight to agency individual missions and budgets associated with reporting, a waiver to not report unclassified actions to FPDS-NG at this time has been granted to the intelligence communities. Reference — Click Yellow Note • DoD Working Group for Intragovernmental Transactions This group is part of the Department-wide initiative to support improved financial performance, strategic sourcing, and compliance with fiscal and acquisition regulations when using intragovernmental transactions. Reference — Click Yellow Note • IUID DFARS Rule Compliance Reporting Compliance with mandatory Item Unique Identification (IUID) policy continues to lag. Recently DoD leadership also expressed concern over the Army's program, policies and progress. In response, the Army's G-4 along with the DASA (ILS) have formed an Army IUID IPT to develop a comprehensive IUID strategy to include management and oversight of IUID implementation within the Army. Reference — Click Yellow Note • Past Performance Information Emphasizes is placed on the importance of the acquisition workforce to input contractor past performance information into DoD's data capture system, the Contractor Performance Assessment Reporting System (CPARS). Reference — Click Yellow Note • Business Rules for Intragovernmental Transactions Guidance and business rules are provided for partnership with the Comptroller and Business Transformation Agency's Intragovernmental Transactions (IGT) initiative, and representing our minimum requirements for the IGT capability. Reference — Click Yellow Note • Resource Conservation and Recovery Act Military Departments and Defense Agencies are instructed to provide data relative to Section 6002 of the Resource Conservation and Recovery Act (RCRA 6002) and Executive Order (EO) 13423, Strengthening Federal Environmental. Energy, and Transportation Management, requires Federal agencies to implement, review, and report annually on the effectiveness of Affirmative Procurement Programs. Reference — Click Yellow Note • Small Business Subcontracting Plans When there are no subcontracting opportunities specified in the subcontracting plan, a determination must be approved at one level above the contracting officer. Contracting Officers with contracts that contain small business subcontracting plans should become familiar with requirement. Reference — Click Yellow Note Volume 1, Issue 1 Page 3 • Access to Records with Exclusive Distributors Contracting officers are reminded of their responsibility to obtain necessary information and data to determine fair and reasonable prices from exclusive distributors/dealers when the Truth in Negotiation Act requirements do not apply. Reference — Click Yellow Note • Online Representations and Certifications Application (ORCA) Comply with FAR Subpart 4.12 requirements when using annual reps and certs. Reference — Click Yellow Note • Deputy Director CPIC has been selected to serve as the Deputy Director for Contract Contracting (CPIC). In this capacity Ms. Hildner will be the DoD Contracting and International Contracting Policy. Note Ms. Susan Hildner Policy and International focal point for DoD-wide Reference — Click Yellow • Class Deviation—Waiver of Specialty Metals Restriction Class Deviation 2007-O0011 Waiver of Specialty Metals Restriction for Acquisition of COTS Items amends the previous Class Deviation 2006-O0004 issued on December 6, 2006 to implement Section 842 of the National Defense Authorization Act of Fiscal Year 2007 (Pub. L. 109-364) Reference — Click Yellow Note • FAR Memos II Federal Acquisition Regulation (FAR) guidance is provided on the Final Rule for Government Property (FAR Case 2004-025), Part 45 and its associated clauses published on May 15, 2007 and effective June 14,2007. Reference — Click Yellow Note • Amplifying Guidance Regarding Procedures for Contracting Amplifying guidance is provided regarding procedures for contracting, contract concurrence and contract oversight for Iraq and Afghanistan. Reference — Click Yellow Note • Purchase Card Internal Controls Revision Revision has been made to the certification process to comply with the requirements in the Department of Defense Financial Management Regulation Volume 5, "Disbursing Policy and Procedures". Reference — Click Yellow Note Volume 1, Issue 1 Page 4 • Miscellaneous Payment Guidebook The Defense the Miscellaneous ize miscellaneous Reference — Click Procurement Acquisition Policy Office and OUSD Comptroller developed Payment Guidebook. The guidebook will serve as a baseline to standardpayment process and enable future automation. Yellow Note • Contract Numbering DFARS 204.7003(a)(2) states that the 7th & 8th positions of the contract number are the last two digits of the FY in which the procurement instrument identifier is assigned. Consistent with DPAP Oct 07 guidance, assignment of contract numbers is determined to occur in the FY when the procurement instrument is signed/awarded. Reference — Click Yellow Notes • Implementation of the eSRS The Electronic Subcontracting Reporting System (eSRS) states that DoD would begin using the system in a production environment with the subcontracting reporting period beginning in Q1FY08. The updated schedule has moved this date to the subcontracting reporting period beginning in Q3FY08. Until that time, DoD contractors should continue to submit paper Standard Forms 294, Subcontracting Reports for Individual Contracts, and 295, Summary Subcontract Reports, as required by their contracts. Reference — Click Yellow Notes • Class Deviation (Combating Trafficking in Persons) A deviation from the requirements of DFARS 222.17 and the clause at 252.222-7006. Instead, Contracting Officers shall follow FAR 22.17 and the clause at 52.222.50. The FAR clause shall be inserted in ALL solicitations and contracts. Use Alternate I of the clause if performance is outside the US and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance. Reference — Click Yellow Note “Freedom is Not Free” • Contracting Practices-Independent Government Estimates The Independent Government Estimates lance, and contract quality assurance, for department and requests the secretaries of cies to reinforce these areas within their Reference — Click Yellow Notes (IGEs) memo identifies, Government surveilconsideration and attention through out the the military departments and the defense agenrespective organizations. Volume 1, Issue 1 Page 5 • Contractor Healthcare Services The Department reiterates its policy on Healthcare Services provided to contractors supporting U.S. forces deployed outside of the United States, which is limited to resuscitative and emergency care unless authorized by the Combatant Commander. Reference — Click Yellow Notes • Report to Congress for Commercial Item Exceptions from TINA The Annual Report to Congress for Commercial Item Exceptions from the Truth In Negotiations Act (TINA), and Exceptional Case Waivers from TINA and Cost Accounting Standards (CAS) is addressed in referenced memo. Reference — Click Yellow Notes • Federal Prison Industries The Department reiterates its policy, regarding Federal Prison Industries, Inc. (FPI), also referred to as UNICOR. Section 2410n of Title 10, United States Code (U.S.C.), governs procurements involving the FPI, and is implemented in Subpart 8.6 of the Federal Acquisition Regulation (FAR). Reference — Click Yellow Notes • Class Deviation FAR Part 31 Civil Reserve Airfleet Class deviation waives the requirements of FAR Part 31 for contracts awarded in conjunction with the Civil Reserve Air Fleet program that meet the certain conditions. Reference — Click Yellow Notes • Panel on Contracting Integrity Section 813 of the National Defense Authorization Act for FY07 requires the establishment of the Panel on Contracting Integrity. This Panel is required to review the Department's current practices to ensure contracting integrity, make recommendations for improvement and submit an initial report to Congress. Reference — Click Yellow Notes • Contracting Career Field Certification Standard Information advises of changes to the certification standards for the Contracting, Industrial/Contract Property Management, and Purchasing career fields effective Oct 07. Reference — Click Yellow Notes • Industrial Contract Property Mgmt Career Field Certification Standard Changes were made to the certification standards for the Contracting, Industrial/Contract Property Management, and Purchasing career fields effective Oct 07. Reference — Click Yellow Notes Volume 1, Issue 1 Page 6 • Purchasing Career Field Certification Standard Information is provided advising of changes to the certification standards for the Contracting, Industrial/Contract Property Management, and Purchasing career fields effective Oct 07. Reference — Click Yellow Notes • Enterprise Electronic Business Systems Points of Contact Procurement authority shall identify and provide contact information for their lead representatives for the identified systems. This will allow both DPAP and the Business Transformation Agency (BTA) to communicate directly with the Agencies' accountable representatives. Reference — Click Yellow Notes • Utilities Privatization—Class Deviation from FAR Part 31 This deviation renews the deviation originally granted on 20 Oct 04 which expired 30 Apr 07. Renewal of the deviation is needed to assure that the objectives of 10 U.S.C. 2688 continue to be met. Reference — Click Yellow Notes • Class Deviation from DFARS 201.402 The United States Transportation Command (USTRANSCOM) requested a class deviation from Federal Acquisition Regulation (FAR) 32.906(a), Making Payments, to authorize earlier payments to air carriers in the Civilian Reserve Air Fleet Contracts. Reference — Click Yellow Notes • Enhancing Competition in Defense Acquisition OFPP emphasizes the importance of competition and the need to reinvigorate the role of the Competition Advocate. The OFPP requests that Executive Agencies submit the Competition Advocate's annual report to OFPP. Reference — Click Yellow Notes • Acquisition of Services Review and Decision Authority The Acquisition of Services (AOS) Policy requires the components to notify the Director, DPAP when they are planning an AOS with an investment value expected to exceed one billion dollars. Reference — Click Yellow Notes • Acting Director, Office of Cost, Pricing, and Finance Mr. David Capitano departed DoD on Jul 07. This memo appoints Mr. Bill Sain as acting director of CPF upon Mr. Capitano's departure. Reference — Click Yellow Notes Volume 1, Issue 1 Page 7 • Small Business Size Rerepresentation FAR 4.602(f) requires the contracting office to submit a contract action report (CAR) when the contractor's size status has changed. Also, FAR 19.301 and 52.219-28 has been amended. • Meeting our SDVOSB Goals The GSA GWACS is a Veterans Technology Services (VETS) information technology contracting vehicle for SDVOSBs. Guidance is provided to the SPEs on the use of the GSA VETS GWAC, to improve the Department's progress towards meeting the 3% SDVOSB goal. Reference — Click Yellow Note • SPS Deployment Requirement and Initial DoD Procurement Data Strategy Components are advised to (1) maintain current SPS user base unless approval to change is granted by DSP Steering Committee co-chairs; (2) allow upgrades to contracting legacy systems in accordance with investment review procedures; and (3) pursue contracting systems other than SPS if still in a manual environment or otherwise need a replacement system. Reference — Click Yellow Note • Indirect Cost Limitation for Basic Research Awards Implementation of section 8115 of the FY08 DoD appropriations act, limits indirect cost reimbursement under DoD Basic Research (6.1) awards, such as grants, cooperative agreements, and procurement contracts. Reference — Click Yellow Notes • Mandatory Training Requirement for Contracting Personnel On-line DAU training module (CL 033) is mandatory for all contracting personnel serving in acquisition positions. The on-line training module may be accessed at: https://learn.dau.mil/html/login/Logout.jsp Reference — Click Yellow Notes • New FAR Government Property Rule Contracting Officers in implementing the new FAR Government Property Rule by using a "block change" should the Contracting Officer decide it is in the best interest of the government to do so. Reference — Click Yellow Note • Re-delegation of authority from the ASA(ALT) Under Section 845, Title 10 USC 2371 to carry out prototype projects that are directly relevant to weapons or weapon systems proposed to be acquired or developed by DoD or to improve the use of weapons or weapon systems in use by the Armed Forces. Reference — Click Yellow Note Volume 1, Issue 1 Page 8 • Contract Manpower Reporting Please ensure that your solicitation contains a separate line item for manpower reporting for each year and option year for the requirement and that the PWS contains the specific language. Reference — Click Yellow Note • Determining Fair and Reasonable Contract Prices The Procedures Guidance and Instruction (PGI) is revised. Emphasize is placed on Contracting Officer obtaining cost and pricing data to determine fair and reasonable prices. Reference — Click Yellow Note • Proper Use of Award Fee Contracts and Award Fee Provisions See attachments for Key points on proper use of Award Fee Contracts and Award Fee Provisions. Remember, award fees are used as an incentive for superior performance; not because the contractor is performing the contract. Cost-Plus-Award fee contracts require a D&F to be signed by the PARC. Reference — Click Yellow Notes • Requirement for Electronic Submission of Payment Requests Notifies contractors that, beginning Oct 07, any invoices not received electronically by the DFAS Columbus and Limestone offices will be rejected, unless the contractor has provided sufficient rationale by Sep 07 to show they are unable to submit payment requests in electronic form. Reference — Click Yellow Note • Contracts for Services In the attachment is the latest guidance on the use of contractor personnel to perform services. Also, See ACA Policy memo (P0014) - Implementation Guidance on Contracts for Service Personnel Requirements Reference — Click Yellow Note • Incorporation of Anti-Terrorism Measures into the Contracting Process Specific guidance is provided to addressing anti-terrorism in the contracting process. Reference — Click Yellow Note • Proper Use of Non-Department of Defense (Non-DoD) Contracts Ensuring the proper use of non-DoD contract vehicles requires an emphasis on market research, acquisition planning and early involvement in the procurement process by requiring activity, contracting, and financial management personnel. Reference — Click Yellow Note Volume 1, Issue 1 Page 9 • Management of DoD Contractors and Contractor Personnel Accompanying US Armed Forces in Contingency Operations Outside the US If you issue contracts for contractor support services in a contingency operations theater, the (3) three attachments applies to you! Again, if you issue contracts for this type of support, it’s highly recommended that you get familiar with these Instructions. In addition, the DFARS clause at 252.225-7040 is mandatory in all contracts of this type. Reference — Click Yellow Note • Award and Incentive Fees Department of Defense requires the collection of relevant data on award and incentive fees paid to contractors and having mechanisms in place to evaluate such data on a regular basis. Reference — Click Yellow Note • Interagency Agreements Reference Tool The Interagency Agreements Reference Tool intended to serve as a guide for facilitating compliance when executing Interagency Agreements, with primary emphasis for those processed under the Economy Act. Reference — Click Yellow Note • Appropriate Use of Brand Name or Equal Purchase Descriptions Agencies are reminded to comply with FAR requirements regarding brand name specifications. OFPP is concerned that agencies are not preparing and posting the brand name justification or documentation IAW FAR requirements. Reference — Click Yellow Note • Contract Administration and Surveillance for Service Contracts The Contracting Officer's Representative (COR) file compliance review is for all Army locations. The areas of focus for this review are the appointment of properly trained CORs, preparation of quality surveillance plans IAW the statements of work/performance work statements and associated surveillance of the contractor, as well as contractor past performance reporting and COR annual performance assessments. Reference — Click Yellow Note Volume 1, Issue 1 Page 10 Category Resources Resources Resources Resources Resources Resources Resources Resources WebPage Acquisition Central (ACA Policies) Army Contracting Agency Policies Memorandum (ACA Procedures) Army Contracting Agency Procedures http://www.acquisition.gov/ URL http://www.aca.army.mil/Community/policies.htm http://www.aca.army.mil/Community/procedures.htm (AFARS) Army Federal Acquisition Regulahttp://farsite.hill.af.mil/VFAFAR1.HTM tion Supplement (CBD) Commerce Business Daily Defense Acquisition Guidebook Defense Acquisition Policy Center (DFARS) Defense Federal Acquisition Regulation Supplement http://cbdnet.gpo.gov/ https://akss.dau.mil/dag/ https://akss.dau.mil/dapc/index.aspx http://farsite.hill.af.mil/VFDFAR1.HTM Resources (DFARS) Defense Federal Acquisition Regulation Supplement, (PGI) Procedures, http://www.acq.osd.mil/dpap/dars/pgi/ Guidance and Information (DPAP) Defense Procurement and Acquisihttp://www.acq.osd.mil/dpap/sitemap.html tion Policy Resources Resources Resources Resources Resources Resources (EDA) Electronic Document Access (FAC) Federal Acquisition Circulars (FAR) Federal Acquisition Regulation https://eda2.ogden.disa.mil/ http://www.acqnet.gov/far/facframe.html http://farsite.hill.af.mil/VFFAR1.HTM (FAR) Federal Acquisition Regulation Mahttp://www.acqnet.gov/far/current/matrix/Matrix_01.html trix (52.301) (JWOD) Javits-Wagner O'Day http://www.jwod.gov/jwod/ (ORCA) Online Representations and Certihttps://orca.bpn.gov/ fications Application Volume 1, Issue 1 Page 11 Category Systems Systems Systems Systems Systems Systems WebPage URL (ABCAS) Army Business Center for Acquihttps://armysps.sdcl.lee.army.mil/spsportal/ sition Systems (ASFI) Army Single Face to Industry https://acquisition.army.mil/asfi/ (ATRRS) Army Training Requirements and https://www.atrrs.army.mil/default.asp Resources System (CAMP) Career Acquisition Management Portal (CCR) Central Contractor Registration https://rda.altess.army.mil/camp/ http://www.ccr.gov/ (CPARS) Contractor Performance Assesshttp://www.cpars.navy.mil/ ment Reporting System (DAASC) Defense Automatic Addressing System Center https://www.daas.dla.mil/daasinq/ Systems Systems Systems Systems Systems Systems Systems Systems Systems Systems Systems (DFAS) Defense Finance and Accounting http://www.dfas.mil/ Service (D&B) Dun and Bradstreet (EPLS) Excluded Parties List System http://fedgov.dnb.com/webform/displayHomePage.do http://www.epls.gov/ (FedBizOpps) Federal Business Opportunihttp://www.fedbizopps.gov/ ties (FPDS-NG) Federal Procurement Data https://www.fpds.gov/ System - Next Generation (C.A.R.E) Customer Automation and Rehttps://care.usbank.com/ porting Environment (NAICS) North American Industry Classifihttp://www.naics.com/search.htm cation System (PPIRS) Past Performance Information Retrieval System (SPS) Standard Procurement System (WAWF) Wide Area WorkFlow http://www.ppirs.gov/ http://www.spscoe.sps.eis.army.mil/ https://wawf.eb.mil/ Volume 1, Issue 1 Page 12 Category Quick Links Quick Links Quick Links Quick Links Quick Links Quick Links Quick Links Quick Links Quick Links Quick Links Quick Links WebPage (ASC) Acquisition Support Center (ACA) Army Contracting Agency (AKO) Army Knowledge Online ASA(ALT) Assistant Secretary of the Army Acquisition, Logistics, and Technology (BPN) Business Partner Network (CPOL) Civilian Personnel On-Line (CCE) Contracting Center of Excellence (DAU) Defense Acquisition University (DCAA) Defense Contract Audit Agency (GAO) Government Accountability Office (ITEC4) Information Technology, ECommerce, and Commercial Contracting Center http://asc.army.mil/ URL http://www.aca.army.mil/index.htm www.us.army.mil https://www.alt.army.mil/portal/page/portal/oasaalt http://www.bpn.gov/ http://www.cpol.army.mil/ http://dsswdev.hqda.pentagon.mil/CCE_NEW/home/index.a sp http://www.dau.mil/ http://www.dcaa.mil/ http://www.gao.gov/index.html http://www.itec4.army.mil/ Quick Links Quick Links Quick Links Quick Links (OMB/OFPP) Office of Management and Budget/Office of Federal Procurement Pol- http://www.whitehouse.gov/omb/procurement/ icy (SBA) Small Business Administration U.S. Army HomePage http://www.sbaonline.sba.gov/ http://www.army.mil/ (USACCE) United States Army Contracting http://www.usacce.army.mil/ Command, Europe NCR OPARC Skyline Six, Suite 401A 5109 Leesburg Pike Falls Church, VA 22041-3201 Phone: 703-681-2825 Fax: 703-681-2861 E-mail: Thomas.copeland1@us.army.mil Supporting Our Soldiers through Contracting Land of the Brave. Because of the Brave.