48 C.F.R. PART 207—ACQUISITION PLANNING
Title 48 - Federal Acquisition Regulations System
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36305, July 31, 1991, unless otherwise noted.
When a class justification for other than full and open competition has been approved, planning for competition shall be accomplished consistent with the terms of that approval. [60 FR 61592, Nov. 30, 1995] (d)(i) Prepare written acquisition plans for— (A) Acquisitions for development, as defined in FAR 35.001, when the total cost of all contracts for the acquisition program is estimated at $5 million or more; (B) Acquisitions for production or services when the total cost of all contracts for the acquisition program is estimated at $30 million or more for all years or $15 million or more for any fiscal year; and (C) Any other acquisition considered appropriate by the department or agency. (ii) Written plans are not required in acquisitions for a final buy out or one-time buy. The terms “final buy out” and “one-time buy” refer to a single contract that covers all known present and future requirements. This exception does not apply to a multiyear contract or a contract with options or phases. (e) Prepare written acquisition plans for acquisition programs meeting the thresholds of paragraphs (d)(i) (A) and (B) of this section on a program basis. Other acquisition plans may be written on either a program or an individual contract basis. (g) The program manager, or other official responsible for the program, has overall responsibility for acquisition planning. (i)(i) Apply design-to-cost principles— (A) In all major defense acquisition programs (DoDD 5000.1, Defense Acquisition), unless exempted by the Secretary of Defense; and (B) To the acquisition of systems, subsystems, and components below the thresholds for major defense acquisition programs, to the extent prescribed by DoDD 5000.1. (ii) Consider life-cycle-cost in all acquisitions of systems and equipment. (h) For procurement of conventional ammunition, as defined in DoDD 5160.65, Single Manager for Conventional Ammunition (SMCA)— (i) The department or agency— (A) Must submit the acquisition plan to the SMCA at the following address: Program Executive Officer, Ammunition, ATTN: SFAE-AMO, Building 171, Picatinny Arsenal, NJ 07806–5000. Telephone: Commercial (973) 724–7101; DSN 880–7101; (B) Also must submit an acquisition plan to the SMCA for a new procurement covered by a previously approved acquisition plan, if the SMCA did not review the previously approved acquisition plan; and (C) Must not proceed with the procurement until the SMCA provides written concurrence with the acquisition plan. (ii) The SMCA— (A) Will review the acquisition plan to determine if it is consistent with retaining national technology and industrial base capabilities in accordance with 10 U.S.C. 2304(c)(3) and Section 806 of Public law 105–261; and (B) Will notify the department or agency of concurrence or non-concurrence. In the case of a non-concurrence, the SMCA, with assistance from the Army Office of the Executive Director for Conventional Ammunition, will attempt to resolve the matter with the department or agency. If no agreement is reached, the Assistant Secretary of the Army (Acquisition, Logistics and Technology) will make the final decision on the appropriate acquisition approach. [56 FR 36305, July 31, 1991, as amended at 61 FR 50451, Sept. 26, 1996; 66 FR 47107, Sept. 11, 2001; 67 FR 61516, Oct. 1, 2002; 68 FR 15380, Mar. 31, 2003] (b) The planner should forward the requirements information to the contract administration organization when assistance in identification of potential sources of supply is necessary, when an existing contract is being modified or resolicited, or when contract administration resource requirements will be affected. [61 FR 50451, Sept. 26, 1996] For acquisitions covered by 207.103(d)(i) (A) and (B), correlate the plan to the DoD Future Years Defense Program, applicable budget submissions, and the decision coordinating paper/program memorandum, as appropriate. It is incumbent upon the planner to coordinate the plan with all those who have a responsibility for the development, management, or administration of the acquisition. The acquisition plan should be provided to the contract administration organization to facilitate resource allocation and planning for the evaluation, identification, and management of contractor performance risk. (a) Acquisition background and objectives—(1) Statement of need. Include— (A) Applicability of a decision coordinating paper (DCP), acquisition decision memorandum, Defense Acquisition Board (DAB), and/or internal service reviews. Describe the options in the DCP/acquisition decision memorandum and delineate which option the acquisition plan supports. (B) The date approval for operational use has been or will be obtained. If waivers are requested, describe the need for the waivers. (C) A milestone chart depicting the acquisition objectives. (D) Milestones for updating the acquisition plan. Indicate when the plan will be updated. Program managers should schedule updates to coincide with DAB reviews and the transition from one phase to another (e.g., engineering and manufacturing development to production and deployment). (8) Acquisition streamlining. DoDD 5000.1, Defense Acquisition, and DoD 5000.2–R, Mandatory Procedures for Major Defense Acquisition Programs (MDAPs) and Major Automated Information System (MAIS) Acquisition Programs, contain policy direction on acquisition streamlining. See MIL-HDBK 248, Acquisition Streamlining, for guidance on streamlining performance requirements, the technical package, and the contract strategy. (b) Plan of action—(4) Acquisition considerations. When supplies or services will be acquired by placing an order under a non-DoD contract (e.g., a Federal Supply Schedule contract), regardless of whether the order is placed by DoD or by another agency on behalf of DoD, address the method of ensuring that the order will be consistent with DoD statutory and regulatory requirements applicable to the acquisition and the requirements for use of DoD appropriated funds. (5) Budgeting and funding. Include specific references to budget line items and program elements, where applicable, estimated production unit cost, and the total cost for remaining production. (6) Product descriptions. For development acquisitions, describe the market research undertaken to identify commercial items, commercial items with modifications, or nondevelopmental items (see FAR part 10) that could satisfy the acquisition objectives. (13) Logistics considerations. (i) Describe the extent of integrated logistics support planning to date, including references to approved plans. (ii) Discuss the mission profile, reliability, and maintainability (R&M) program plan, R&M predictions, redundancy, qualified parts lists, parts and material qualification, R&M requirements imposed on vendors, failure analysis, corrective action and feedback, and R&M design reviews and trade-off studies. Also discuss corrosion prevention and mitigation plans. (iv) See DoDD 5000.1, Defense Acquisition, and DoD 5000.2–R, Mandatory Procedures for Major Defense Acquisition Programs (MDAPs) and Major Automated Information System (MAIS) Acquisition Programs, for procedures on standardization and on the DoD Parts Control Program. Also see DoD 4120.24–M, Defense Standardization Program (DSP) Policies and Procedures. (S–70) Describe the extent of Computer-Aided Acquisition and Logistics Support (CALS) implementation (see MIL-HDBK 59, Department of Defense Computer-Aided Logistics Support (CALS) Program Guide, and MIL-STD-1840A, Automated Interchange of Technical Information. (16) Environmental and energy conservation objectives. Discuss actions taken to ensure either elimination of or authorization to use class I ozone-depleting chemicals and substances (see 211.271). (19) Other considerations. (A) National Technology and Industrial Base. For major defense acquisition programs, address the following (Pub. L. 102–484, section 4220)— (1) An analysis of the capabilities of the national technology and industrial base to develop, produce, maintain, and support such program, including consideration of the following factors related to foreign dependency (Pub. L. 102–484, section 4219(h))— (i) The availability of essential raw materials, special alloys, composite materials, components, tooling, and production test equipment for the sustained production of systems fully capable of meeting the performance objectives established for those systems; the uninterrupted maintenance and repair of such systems; and the sustained operation of such systems. (ii) The identification of items specified in paragraph (b)(18)(A)(1)(i) of this section that are available only from sources outside the national technology and industrial base. (iii) The availability of alternatives for obtaining such items from within the national technology and industrial base if such items become unavailable from sources outside the national technology industrial base; and an analysis of any military vulnerability that could result from the lack of reasonable alternatives. (iv) The effects on the national technology and industrial base that result from foreign acquisition of firms in the United States. (2) Consideration of requirements for efficient manufacture during the design and production of the systems to be procured under the program. (3) The use of advanced manufacturing technology, processes, and systems during the research and development phase and the production phase of the program. (4) To the maximum extent practicable, the use of contract solicitations that encourage competing offerors to acquire, for use in the performance of the contract, modern technology, production equipment, and production systems (including hardware and software) that increase the productivity of the offerors and reduce the life-cycle costs. (5) Methods to encourage investment by U.S. domestic sources in advanced manufacturing technology production equipment and processes through— (i) Recognition of the contractor's investment in advanced manufacturing technology production equipment, processes, and organization of work systems that build on workers' skill and experience, and work force skill development in the development of the contract objective; and (ii) Increased emphasis in source selection on the efficiency of production. (6) Expanded use of commercial manufacturing processes rather than processes specified by DoD. (7) Elimination of barriers to, and facilitation of, the integrated manufacture of commercial items and items being produced under DoD contracts. (8) Expanded use of commercial items, commercial items with modifications, or to the extent commercial items are not available, nondevelopmental items (see FAR part 10). (B) Industrial preparedness (IP). (1) Provide the program's IP strategy that assesses the capability of the U.S. industrial base to achieve identified surge and mobilization goals. If no IP strategy has been developed, provide supporting rationale for this position. (2) If in the IP strategy, the development of a detailed IP plan was determined to be applicable, include the plan by text or by reference. If the development of the IP plan was determined not to be applicable, summarize the details of the analysis forming the basis of this decision. (3) If the program involves peacetime and wartime hardware configurations which are supported by logistics support plans, identify their impact on the IP plan. (C) Ensure compliance with DoD Instruction 4715.4, Pollution Prevention. (D) Contract administration. Discuss the level of Government administration anticipated or currently performed and any change proposed by the contract administration office. (E) Special considerations for acquisition planning for crisis situations outside the United States. Ensure that the requirements of DoD Instruction 3020.37, Continuation of Essential DoD Contractor Services During Crises, are addressed. Also see the guidance at PGI 207.105(b)(19)(E). (F) CONUS Antiterrorism Considerations. Follow the procedures at PGI 207.105(b)(19)(F) for consideration of antiterrorism measures in acquisition planning. [56 FR 36305, July 31, 1991, as amended at 58 FR 28463, May 13, 1993; 58 FR 32061, June 8, 1993; 60 FR 29497, June 5, 1995; 60 FR 61593, Nov. 30, 1995; 61 FR 50451, Sept. 26, 1996; 64 FR 51075, Sept. 21, 1999; 65 FR 14398, Mar. 16, 2000; 65 FR 63804, Oct. 25, 2000; 67 FR 61516, Oct. 1, 2002; 69 FR 55986, Sept. 17, 2004; 70 FR 23801, May 5, 2005; 70 FR 29642, May 24, 2005; 71 FR 14100, Mar. 21, 2006] (b)(1)(A) The contracting officer is prohibited by 10 U.S.C. 2305(d)(4)(A) from requiring offers for development or production of major systems that would enable the Government to use technical data to competitively reprocure identical items or components of the system if the item or component were developed exclusively at private expense, unless the contracting officer determines that— (1) The original supplier of the item or component will be unable to satisfy program schedule or delivery requirements; (2) Proposals by the original supplier of the item or component to meet mobilization requirements are insufficient to meet the agency's mobilization needs; or (3) The Government is otherwise entitled to unlimited rights in technical data. (B) If the contracting officer makes a determination, under paragraphs (b)(1)(A) (1) and (2) of this section, for a competitive solicitation, 10 U.S.C. 2305(d)(4)(B) requires that the evaluation of items developed at private expense be based on an analysis of the total value, in terms of innovative design, life-cycle costs, and other pertinent factors, of incorporating such items in the system. This section implements 10 U.S.C. 2382. [69 FR 55987, Sept. 17, 2004] As used in this section— Consolidation of contract requirements means the use of a solicitation to obtain offers for a single contract or a multiple award contract to satisfy two or more requirements of a department, agency, or activity for supplies or services that previously have been provided to, or performed for, that department, agency, or activity under two or more separate contracts. Multiple award contract means– (1) Orders placed using a multiple award schedule issued by the General Services Administration as described in FAR Subpart 8.4; (2) A multiple award task order or delivery order contract issued in accordance with FAR Subpart 16.5; or (3) Any other indefinite-delivery, indefinite-quantity contract that an agency enters into with two or more sources for the same line item under the same solicitation. [71 FR 14106, Mar. 21, 2006] (a) Agencies shall not consolidate contract requirements with an estimated total value exceeding $5,000,000 unless the acquisition strategy includes— (1) The results of market research; (2) Identification of any alternative contracting approaches that would involve a lesser degree of consolidation; and (3) A determination by the senior procurement executive that the consolidation is necessary and justified. (i) Market research may indicate that consolidation of contract requirements is necessary and justified if the benefits of the acquisition strategy substantially exceed the benefits of each of the possible alternative contracting approaches. Benefits may include costs and, regardless of whether quantifiable in dollar amounts— (A) Quality; (B) Acquisition cycle; (C) Terms and conditions; and (D) Any other benefit. (ii) Savings in administrative or personnel costs alone do not constitute a sufficient justification for a consolidation of contract requirements unless the total amount of the cost savings is expected to be substantial in relation to the total cost of the procurement. (b) Include the determination made in accordance with paragraph (a)(3) of this section in the contract file. [69 FR 55987, Sept. 17, 2004, as amended at 71 FR 14106, Mar. 21, 2006] (a) This section provides policy for breaking out components of end items for future acquisitions so that the Government can purchase the components directly from the manufacturer or supplier and furnish them to the end item manufacturer as Government-furnished material. (b) This section does not apply to— (1) The initial decisions on Government-furnished equipment or contractor-furnished equipment that are made at the inception of an acquisition program; or (2) Breakout of parts for replenishment (see Appendix E). [71 FR 14102, Mar. 21, 2006] Component, as used in this section, includes subsystems, assemblies, subassemblies, and other major elements of an end item; it does not include elements of relatively small annual acquisition value. [71 FR 14102, Mar. 21, 2006] DoD policy is to break out components of weapons systems or other major end items under certain circumstances. (a) When it is anticipated that a prime contract will be awarded without adequate price competition, and the prime contractor is expected to acquire any component without adequate price competition, the agency shall break out that component if— (1) Substantial net cost savings probably will be achieved; and (2) Breakout action will not jeopardize the quality, reliability, performance, or timely delivery of the end item. (b) Even when either or both the prime contract and the component will be acquired with adequate price competition, the agency shall consider breakout of the component if substantial net cost savings will result from— (1) Greater quantity acquisitions; or (2) Such factors as improved logistics support (through reduction in varieties of spare parts) and economies in operations and training (through standardization of design). (c) Breakout normally is not justified for a component that is not expected to exceed $1 million for the current year's requirement. [71 FR 14102, Mar. 21, 2006] Agencies shall follow the procedures at PGI 207.171–4 for component breakout. [71 FR 14102, Mar. 21, 2006] If the equipment will be leased for more than 60 days, the requiring activity must prepare and provide the contracting officer with the justification supporting the decision to lease or purchase. (a) Limitation on contracts with terms of 18 months or more. As required by 10 U.S.C. 2401a, the contracting officer shall not enter into any contract for any vessel, aircraft, or vehicle, through a lease, charter, or similar agreement with a term of 18 months or more, or extend or renew any such contract for a term of 18 months or more, unless the head of the contracting activity has— (1) Considered all costs of such a contract (including estimated termination liability); and (2) Determined in writing that the contract is in the best interest of the Government. (b) Leasing of commercial vehicles and associated equipment. Except as provided in paragraph (a) of this section, the contracting officer may use leasing in the acquisition of commercial vehicles and associated equipment whenever the contracting officer determines that leasing of such vehicles is practicable and efficient (10 US.C. 2401a). [61 FR 16879, Apr. 18, 1996, as amended at 61 FR 50451, Sept. 26, 1996] (a) Fund leases in accordance with DoD Financial Management Regulation (FMR) 7000.14–R, Volume 2A, Chapter 1. (b) DoD leases are either capital leases or operating leases. The difference between the two types of leases is described in FMR 7000.14–R, Volume 4, Chapter 7, Section 070207. (c) Capital leases are essentially installment purchases of property. Use procurement funds for capital leases. [64 FR 31732, June 14, 1999, as amended at 66 FR 55121, Nov. 1, 2001] Source: 70 FR 14573, Mar. 23, 2005, unless otherwise noted.
This subpart also implements 10 U.S.C. 2383. (S–70) Contracts for acquisition functions. (1) In accordance with 10 U.S.C. 2383, the head of an agency may enter into a contract for performance of the acquisition functions closely associated with inherently governmental functions that are listed at FAR 7.503(d) only if— (i) The contracting officer determines that appropriate military or civilian DoD personnel— (A) Cannot reasonably be made available to perform the functions; (B) Will oversee contractor performance of the contract; and (C) Will perform all inherently governmental functions associated with the functions to be performed under the contract; and (ii) The contracting officer ensures that the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract (see FAR Subpart 9.5). (2) See related information at PGI 207.503(S–70). [70 FR 14573, Mar. 23, 2005, as amended at 71 FR 14101, Mar. 21, 2006] Source: 68 FR 43331, July 22, 2003, unless otherwise noted.
End item, as used in this subpart, means a production product assembled, completed, and ready for issue or deployment. 10 U.S.C. 2308 authorizes DoD to use funds available for the acquisition of an end item to acquire a higher quantity of the end item than the quantity specified in a law providing for the funding of that acquisition, if the head of an agency determines that— (a) The agency has an established requirement for the end item that is expected to remain substantially unchanged throughout the period of the acquisition; (b) It is possible to acquire the higher quantity of the end item without additional funding because of production efficiencies or other cost reductions; (c) The amount of funds used for the acquisition of the higher quantity of the end item will not exceed the amount provided under that law for the acquisition of the end item; and (d) The amount provided under that law for the acquisition of the end item is sufficient to ensure that each unit of the end item acquired within the higher quantity is fully funded as a complete end item. For noncompetitive acquisitions, the acquisition of additional quantities is limited to not more than 10 percent of the quantity approved in the justification and approval prepared in accordance with FAR part 6 for the acquisition of the end item.
Title 48: Federal Acquisition Regulations System
PART 207—ACQUISITION PLANNING
Section Contents
207.102 Policy.
207.103 Agency-head responsibilities.
207.104 General procedures.
207.105 Contents of written acquisition plans.
207.106 Additional requirements for major systems.
207.170 Consolidation of contract requirements.
207.170-1 Scope.
207.170-2 Definitions.
207.170-3 Policy and procedures.
207.171 Component breakout.
207.171-1 Scope.
207.171-2 Definition.
207.171-3 Policy.
207.171-4 Procedures.
207.401 Acquisition considerations.
207.470 Statutory requirements.
207.471 Funding requirements.
207.500 Scope of subpart.
207.503 Policy.
207.7001 Definition.
207.7002 Authority to acquire additional quantities of end items.
207.7003 Limitation.
Subpart 207.1—Acquisition Plans
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207.102 Policy.
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207.103 Agency-head responsibilities.
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207.104 General procedures.
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207.105 Contents of written acquisition plans.
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207.106 Additional requirements for major systems.
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207.170 Consolidation of contract requirements.
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207.170-1 Scope.
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207.170-2 Definitions.
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207.170-3 Policy and procedures.
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207.171 Component breakout.
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207.171-1 Scope.
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207.171-2 Definition.
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207.171-3 Policy.
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207.171-4 Procedures.
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Subpart 207.4—Equipment Lease or Purchase
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207.401 Acquisition considerations.
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207.470 Statutory requirements.
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207.471 Funding requirements.
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Subpart 207.5—Inherently Governmental Functions
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207.500 Scope of subpart.
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207.503 Policy.
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Subpart 207.70—Buy-to-Budget—Additional Quantities of End Items
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207.7001 Definition.
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207.7002 Authority to acquire additional quantities of end items.
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207.7003 Limitation.
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