(b) All solicitations and contracts with an estimated value greater than $50 million will be approved through a Solicitation Review Board (SRB) and Contract Review Board (CRB). The PARC will establish internal procedures for contract actions with an estimated value of $50 million or less.
(1) Solicitation and Contract Review Boards.
(a) The SRB/CRB will review and assess the pre-solicitation, solicitation and contract award documents for consistency, sufficiency , compliance and application of sound business practices.
(b) The SRB/CRB will verify that the procurement represents an overall good value to the government and appropriate obligation of taxpayer funds.
(c) The SRB/CRB will be an independent, multi-functional team comprised of senior level experts, which will at a minimum include representatives from the acquisition center, small business office, office of counsel, requirements community, and in the case of non-competitive actions, the competition advocate.
(i) To ensure consistency, the same members will participate in both the SRB and the CRB.
(ii) The contracting officer shall resolve all comments from the SRB and CRB prior to attaining clearance for solicitation release and contract award.
(d) The Chairperson for the SRB/CRB will be as follows:
(1) The PARC, without authority to redelegate, will chair the SRB/CRB for actions with an estimated value greater than $50 million but less than $250 million.
(2) The Head of the contracting activity, without authority to redelegate, will chair the SRB/CRB for actions with an estimated value of $250 million but less than $1 billion.
(3) The DASA (P) will serve as the chairperson for special interest actions which will be reviewed by an HQDA level board.
(e) PARCs and HCAs may waive the requirement for a formal review board. The waiver will be in writing and included in the contract file.
(i) Data on the number of SRB/CRB reviews conducted, identification of any systemic issues or trends, best practices and overall effectiveness of the process will be provided quarterly to the Procurement Policy and Support Directorate, SAAL-PP, within 15 days after the end of the quarter. Data will also include information on any PARC or HCA waivers of the formal review board process.
(2) Post-award Peer Reviews
(a) Post award peer reviews for contracts valued at $500 Million or more but less than $1 Billion will be conducted for services contracts that were approved by a HQDA level Army Services Strategy Panel (ASSP).
(i) An annual review will be conducted by the ASSP members. Contracting activities will brief the members as required.
(ii) The information supporting the execution reviews in 5137.590-9 will serve as the basis for the post award reviews. At a minimum, the following elements will be addressed during the post-award review:
(A) Contract performance in terms of cost, schedule and requirements.
(B) Use of contracting mechanisms, including the use of competition, the contract structure and type the definition of contract requirements, cost or pricing methods, the award and negotiation of task orders, and management and oversight mechanisms.
(C) Contractor’s use, management and oversight of subcontractors.
(D) Staffing of contract management and oversight functions
(E) Extent of any pass-through and excessive pass-through charges by the contractor (as defined in Section 852 of the National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364).
(iii) If the service contract involves one contractor providing oversight for services performed by other contractors, the following additional information will also be addressed:
(A) Extent of the DoD Component’s reliance on the contractor to perform acquisition functions closely associated with inherently governmental functions as defined in 10 U.S.C. 2383(b)(3).
(B) The financial interest of any prime contractor performing acquisition functions described in paragraph (iii)(A) in any contract or subcontract with regard to which the contractor provided advice or recommendations to the agency.
(b) The ASSP members will assess the effectiveness of the current services review structure, evaluate the state of the approved acquisitions to include adequacy of competition, assessment of actual contract performance and adequacy of Government surveillance of contract performance and identify lessons learned and successful practices for immediate application to ongoing acquisitions.[AFARS Revision #25, Item I, dated April 1, 2010]
