(a) All assisted acquisitions of supplies or services shall comply with Integrated Acquisition Review Board (I-ARB) procedures, as set forth in 7.104-90(a), Table 2 (above). Assisted acquisitions of services shall also comply with the review and approval requirements of Subpart 37.5. An assisted acquisition of either supplies or services specifically requires review by a DLA warranted contracting officer for every transaction valued over the simplified acquisition threshold.
(b) For all assisted acquisitions of supplies or services placed against non-DOD contracts (including GSA Federal Supply Schedule (FSS) orders), the buyer, contracting officer, ordering officer or other authorized DLA official maintaining the contract file shall document that:
(1) The use of a non-DOD contract is in the best interests of DLA. Consider such factors as satisfying customer requirements; cost effectiveness (taking into account discounts and fees) and price; delivery schedule; non-availability of a suitable contract within DOD; contract administration/oversight; small business opportunities; and any other factors, as applicable.
(2) Supplies or services to be provided are within the scope of the (non-DOD) contract to be used. Coordinate with the non-DOD contracting officer to verify the requirement is within the scope of the assisting agency’s selected contract.
(3) The funding appropriation is legal and proper for the acquisition and used in accordance with any appropriation limitations. (The documentation shall reflect that the financial management organization validated that funds are appropriate for the acquisition; see 7.9001(d)(2), above, and 17.9604.
(4) Any terms, conditions and/or requirements unique to DOD or DLA are incorporated into the order or contract to comply with applicable statutes, regulations and directives (e.g., the requirement that the items listed in DFARS 225.7002-1, pertaining to restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools, and that are procured with DOD funds, be of domestic origin).
(5) All procedures contained in this subpart, and in 7.104-90, 17.5, 17.78, 17.96, and 37.5, and DLAD PGI 17.96, as applicable, have been followed. A signed certification to this effect shall be included in the file; see 7.9001(d)(1), above.
(6)(A) For interagency acquisitions subject to the Economy Act (31 U.S.C. 1535), comply with the determination and findings (D&F) requirements at FAR 17.503, and provide the D&F, signed by a senior executive or Flag or General Officer, to the servicing activity (i.e., the non-DOD activity whose contract is being or shall be used) in accordance with FAR 17.504 and DFARS 217.504.
(B) Assisted acquisitions by GSA are generally authorized by other statutes, such as the Federal Property and Administrative Services Act or the Clinger-Cohen Act, and are therefore not subject to the Economy Act; no D&F is required to be prepared. To the extent other non-DOD contracts are authorized under other statutes (e.g., GWACS authorized under 40 U.S.C.11302(e); use of Franchise Fund activities authorized by various public laws (see 31 U.S.C. 501 note); and similar specific statutory authorities), the Economy Act does not apply, and D&Fs are not required to be prepared. For complete treatment of these non-Economy Act transactions, see Subpart 17.96.
(7) Departmental policy, as set forth in the October 29, 2004 memorandum, Proper Use of Non-DOD Contracts, jointly signed by USD(AT&L) and the Principal Deputy Under Secretary of Defense (Comptroller), reflects the requirements of Section 854 of the National Defense Authorization Act for Fiscal Year 2005. Among other things, that section requires data to be collected and reported on the use of assisted acquisitions throughout the Department of Defense, specifically with reference to service charges imposed on these purchases by the assisting (non-DOD) activity. The Federal Procurement Data System - Next Generation (FPDS-NG) will eventually provide the automated reporting capability to fulfill this requirement. Until DLA is a full participant in the FPDS-NG system, each contracting activity shall locally maintain a list of all assisted acquisitions placed on their behalf, with the service charge identified for each. This list shall be submitted to J-71 on a fiscal-year basis no later than October 31st each year.
