1.9000  Solicitation/Contract Review.

(a)  Documented legal and policy compliance reviews shall be obtained prior to the release of solicitations, contracts (including letter contracts), orders (including CSAs, task or delivery orders issued against indefinite delivery contracts, orders against GSA Federal Supply Schedules and orders placed against Blanket Purchase Agreements), modifications, and termination actions expected to exceed an estimated or actual contract value of $5 million, including options. Reviews are not required for Inquiries issued pursuant to the Inquiry/Quote/ Order process, funding modifications outlined in FAR 32.703-2, funding program years under multiyear contracting, modifications exercising contract options, pre-priced orders issued against established indefinite delivery contracts (task orders for information technology services which include labor hours, labor categories, and/or material costs that are subject to evaluation/negotiation are not pre-priced orders), or contracts or orders for commercial items using the simplified acquisition procedures authorized under the test program set forth at FAR Subpart 13.5. Legal and policy compliance reviews below this dollar threshold may be accomplished at the discretion of the contracting officer or the Head of the Contracting Office (HCO). Contracting officers should obtain documented legal review for all contractual documents of any dollar value that the contracting officer determines may lead to a dispute or claim, is complex or unusual in nature, or has known Congressional or Agency special interest. When legal and policy reviews are required, documentation of these reviews and contracting officer disposition of any comments provided shall be retained in the contract file.

(b)  DITCO-Europe, DITCO-Pacific, and DITCO-Scott shall obtain legal and policy compliance reviews of contractual documents from legal counsel and the independent contract reviewer located at DITCO-Scott. DITCO-National Capital Region (NCR) shall obtain legal review from counsel located at NCR and policy compliance review from the Quality Assurance Branch (PL22).

(c)  A minimum of two business days for legal and policy compliance reviews should be factored into the procurement process. The contracting officer shall ensure a complete solicitation package or contract file including all supporting documentation is concurrently available to legal and policy for review. In circumstances where legal and policy compliance reviews must be delayed (not waived), the contracting officer shall obtain written approval from the HCO to proceed with the procurement, but shall obtain legal and policy compliance review after the fact but as soon as reasonably practicable. Written documentation shall justify the circumstances for such an action and shall be retained in the contract file.