217.7802 Policy.

(a)  The use of non-DOD contracts is encouraged when it is in the best interest of the government to satisfy DOD requirements. Non-DOD contracts shall not be used to circumvent conditions and limitations imposed on the use of funds, nor as a substitute for inadequate market research or poor acquisition planning.

(b)  The primary responsibility for ensuring that non-DOD contracts are properly used lies with the RO(s). The RO(s) must seek early involvement and guidance from their legal, financial management, and contracting office support personnel to ensure that the selected acquisition approach is in the best interest of DOD and DISA, considering factors such as technical requirements, delivery schedule, cost/price (taking into account discounts and fees) and contract administration (including oversight). For major programs that must comply with the DOD Directive 5000.1, Defense Acquisition System, May 2003, the Component Acquisition Executive (CAE) will review and approve the Acquisition Strategy prior to the initial commitment of funds.

(c)  For "assisted acquisitions," legal, financial management, and the requiring activity contracting officer personnel, as appropriate, will advise RO(s) of DOD unique terms and conditions that are required by statute, regulation, or directive to apply to DOD acquisitions regardless of who makes the award or places the delivery or task order. RO(s) are responsible for ensuring that the servicing activity understands and incorporates DOD unique terms and conditions. Assisted acquisitions must comply with the policies and procedures established in the Federal Acquisition Regulation (FAR) Subpart 17.503, DOD Federal Acquisition Regulation Supplement (DFAR) Subpart 217.504, DISA Acquisition Regulation Supplement (DARS) Subpart 17.5 and DISA Instruction 640-50-6, Interservice and Intragovernmental Support, dated 25 Oct 2007. The RO(s) is responsible for ensuring that the documentation requirements, i.e., Economy Act D&F or ISSA and accompanying checklist are complete and fully documented.

(d)  For "direct acquisitions," the DISA contracting officer shall assist the RO(s) in making the determination that the supplies or services to be provided are within scope of the contract to be used and ensuring that required DOD unique terms and conditions are incorporated into the contract, delivery, or task order.

(e)  DISA's RO(s) shall document the following assurances for the record using the checklist at Appendix I (also located at http://www.ditco.disa.mil/contracts/IT_instruct.asp). The DISA RO shall certify the information on the checklist via signature. The Servicing Activity's cognizant contracting officer shall approve the checklist and include a copy of the checklist in the contract file. The DISA RO should coordinate the completed checklist with the DISA Financial/Resource Manager (FIRM), legal, CAE, and the Servicing Activity's cognizant contracting officer (that will be awarding the contract, task, or delivery order), as appropriate.

The checklist addresses the following considerations:

(1)  The use of a non-DOD contract/order is in the best interests of DOD and DISA considering such factors as technical requirements, delivery schedule, cost/price (taking into account discounts and fees), contract administration (including oversight), and the required goods, supplies or services cannot be obtained as conveniently or economically by using a DOD contract.

(2)  The supplies and services to be provided are within the scope of the basic contract.

(3)  The type of funding is appropriate, available, and properly documented for the acquisition.

(4)  The terms and conditions unique to DOD and/or DISA have been identified and will be provided to the servicing activity for inclusion in the contract/order.

(5)  The required contract/order reporting data (i.e., name of the servicing activity, estimated dollar amount of the contract action, the processing fee (percent and amount), and the contract/order number).