8.400 DOD EMALL.

(91) General.

DOD EMALL (EMALL), https://dod-emall.dla.mil/acct/, is a DOD web-based eCommerce electronic ordering site that allows authorized users to search, compare, and purchase commercial and non-commercial products through a single interface. Customers include Federal and, when authorized by law, State and local users. DOD contractors may also be authorized to order on DOD EMALL pursuant to FAR Subpart 51.1.

(92) Policy.

DLA HQ J-71 will provide contracting guidance for DLA's enterprise use of DOD EMALL. Only DLA, Military Service, or GSA assigned/managed items shall be available for ordering on DOD EMALL. "Open market" catalogs, which are catalogs of products not under contract with DLA, a Military Service, or GSA, are not permitted on DOD EMALL. DLA Logistics Information Service will remove all open market catalogs currently on DOD EMALL. The DOD EMALL ordering system will inform all buyers that it is their responsibility to comply with applicable contracting regulations before making DOD EMALL purchases. The DOD EMALL ordering systems will, to the extent practical, automatically enforce applicable ordering rules (such as competition requirements).

(93) Responsibilities.

The Office of the Secretary of Defense (AT&L/Defense Procurement & Acquisition Policy) is the DOD Executive Agent for DOD EMALL, responsible for issuing overarching DOD EMALL policy, and DLA has responsibility for DOD EMALL operations. DLA's responsibility for DOD EMALL operations is divided as follows: DLA Logistics Information Service, DLIS - DOD EMALL Operations Program Manager; HQ J-71 - DLA DOD EMALL Contracting Policy; DLA Land and & Maritime (formerly DSCC) - DLA DOD EMALL contracting; J-8 - DOD EMALL Program Funding; J-6 - DOD EMALL IA/IT Architecture; DCSO - DOD EMALL infrastructure/operations support contracting.

(94) Contracting

(a) The DLA Land and Maritime (formerly Defense Supply Center Columbus)Enterprise contracting office, the DLA Center of Excellence for DLA's DOD EMALL contracting operations, is responsible for DLA contracts that will be specifically awarded for placement on DOD EMALL (DOD EMALL contracts). The DOD EMALL contracting office shall establish contracts only for DLA-assigned/managed items. The DOD EMALL contracting office shall use the 1971 delegation of authority from GSA (Appendix 7, DOD 4140.1-R) to establish Federal Supply Schedule (FSS)-type contracts to the maximum extent practicable. The schedule groupings will be based on product type and other relevant considerations. The DOD EMALL contracting office will consider applicable guidance and clauses in the GSA Acquisition Manual (GSAM) and GSA contracting practices in establishing FSS-type contracts, although use of specific GSA clauses, procedures, and practices is discretionary, and these should be used only if found to be in the best interest of the Government. The DOD EMALL contracting office shall comply with FAR Part 38 in establishing FSS-type contracts.

(b)(i) The DOD EMALL contracting office must concur with DLIS rules of governance to which contractors will be held; (ii) Before DLIS may remove a contract from DOD EMALL, the DOD EMALL contracting office must have determined that a termination of the contract is appropriate and initiated termination of the contract, and (iii) the DOD EMALL contracting office will include in DOD EMALL contracts a requirement that contractors comply with DLIS rules of governance.

(c) Qualified Product List and Critical Safety Items shall not be included in DOD EMALL contracts. Other types of items, such as body armor, may be prohibited from placement on DOD EMALL contracts. DLIS should perform a preliminary review of catalogs to ensure part numbered items are cross-referenced to NSNs. Similar reviews should be performed periodically by DLIS after a contract has been established and throughout the life of the contract. DLA managed stocked NSNs should not be included on a DOD EMALL contract, unless that contract is placed within a unique ordering corridor available only to DLA personnel. The DOD EMALL contracting office, in coordination with HQ J-71, will develop lists of such prohibited items and enforce that list. Contracts awarded for purposes other than placement on DOD EMALL may be made available for ordering through DOD EMALL, and the item restrictions in this paragraph are not applicable to orders placed through DOD EMALL against these non-DOD EMALL contracts.

(d) Each Supply Chain shall review and approve their respective items for inclusion on DOD EMALL contracts. The Supply Chain may delegate in writing to the DOD EMALL COE for Contracting the authority to include their respective items unless instructed otherwise by that Supply Chain. Additionally, each Supply Chain shall designate a DOD EMALL POC to the DOD EMALL Program Office and the DOD EMALL COE for Contracting for processing reviews and approvals and to serve as a conduit for working issues related to the DOD EMALL Program.

(e) A valid price analysis technique shall be used to determine price reasonableness of DOD EMALL contracts in accordance with FAR Subpart 15.4. Price analysis is required because DOD EMALL contracts are not directly competed on a price basis before being added to DOD EMALL. The statistical sampling approach in DLAD 15.402-91 is one such approach that could be used. Once a viable pricing software tool is validated (approved) in accordance with the R&D Charter, the information from the tool may also be used for determining the price reasonableness of DOD EMALL contracts.

(95) Ordering.

Ordering against DOD EMALL contracts is subject to FAR Subpart 8.4, and in particular to the requirements in FAR 8.404, 8.405, and 8.406, and to DFARS Subpart 208.4 for orders over the Simplified Acquisition Threshold (SAT). Orders against non-DOD EMALL contracts available for ordering on DOD EMALL are subject to the ordering requirements applicable to the particular contract.