48 C.F.R. PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES
Title 48 - Federal Acquisition Regulations System
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36306, July 31, 1991, unless otherwise noted.
(a)(1)(v) See Subpart 208.70, Coordinated Acquisition, and Subpart 208.74, Enterprise Software Agreements. [71 FR 39004, July 11, 2006] (a)(i) Departments and agencies shall comply with the review, approval, and reporting requirements established in accordance with subpart 217.78 when placing orders for supplies or services in amounts exceeding the simplified acquisition threshold. (ii) When a schedule lists both foreign and domestic items that will meet the needs of the requiring activity, the ordering office must apply the procedures of part 225 and FAR part 25, Foreign Acquisition. When purchase of an item of foreign origin is specifically required, the requiring activity must furnish the ordering office sufficient information to permit the determinations required by part 225 and FAR part 25 to be made. [56 FR 36306, July 31, 1991, as amended at 67 FR 65508, Oct. 25, 2002; 69 FR 63327, Nov. 1, 2004; 70 FR 29642, May 24, 2005; 71 FR 14103, 14107, Mar. 21, 2006] (a) This subsection— (1) Implements Section 803 of the National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107–107) for the acquisition of services, and establishes similar policy for the acquisition of supplies; (2) Applies to orders for supplies or services under Federal Supply Schedules, including orders under blanket purchase agreements established under Federal Supply Schedules; and (3) Also applies to orders placed by non-DoD agencies on behalf of DoD. (b) Each order exceeding $100,000 shall be placed on a competitive basis in accordance with paragraph (c) of this subsection, unless this requirement is waived on the basis of a justification that is prepared and approved in accordance with FAR 8.405–6 and includes a written determination that— (1) A statute expressly authorizes or requires that the purchase be made from a specified source; or (2) One of the circumstances described at FAR 16.505(b)(2)(i) through (iii) applies to the order. Follow the procedures at PGI 216.505–70 if FAR 16.505(b)(2)(ii) or (iii) is deemed to apply. (c) An order exceeding $100,000 is placed on a competitive basis only if the contracting officer provides a fair notice of the intent to make the purchase, including a description of the supplies to be delivered or the services to be performed and the basis upon which the contracting officer will make the selection, to— (1) As many schedule contractors as practicable, consistent with market research appropriate to the circumstances, to reasonably ensure that offers will be received from at least three contractors that can fulfill the requirements, and the contracting officer— (i)(A) Receives offers from at least three contractors that can fulfill the requirements; or (B) Determines in writing that no additional contractors that can fulfill the requirements could be identified despite reasonable efforts to do so (documentation should clearly explain efforts made to obtain offers from at least three contractors); and (ii) Ensures all offers received are fairly considered; or (2) All contractors offering the required supplies or services under the applicable multiple award schedule, and affords all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered. (d) See PGI 208.405–70 for additional information regarding fair notice to contractors and requirements relating to the establishment of blanket purchase agreements under Federal Supply Schedules. [71 FR 14107, Mar. 21, 2006] Follow the procedures at PGI 208.406–1 when ordering from schedules. [71 FR 14107, Mar. 21, 2006] Follow the procedures at PGI 208.705 when placing orders with central nonprofit agencies. [71 FR 39004, July 11, 2006] This subpart prescribes policy and procedures for acquisition of items for which contracting responsibility is assigned to one or more of the departments/agencies or the General Services Administration. Contracting responsibility is assigned through— (a) The Coordinated Acquisition Program (commodity assignments are listed in PGI 208.7006); or (b) The Integrated Materiel Management Program (assignments are in DoD 4140.26–M, Defense Integrated Materiel Management Manual for Consumable Items). [56 FR 36306, July 31, 1991, as amended at 67 FR 77936, Dec. 20, 2002; 71 FR 39004, July 11, 2006] For purposes of this subpart— Acquiring department means the department, agency, or General Services Administration which has contracting responsibility under the Coordinated Acquisition Program. Integrated materiel management means assignment of acquisition management responsibility to one department, agency, or the General Services Administration for all of DoD's requirements for the assigned item. Acquisition management normally includes computing requirements, funding, budgeting, storing, issuing, cataloging, standardizing, and contracting functions. Requiring department means the department or agency which has the requirement for an item. (a) Under the DoD Coordinated Acquisition Program, contracting responsibility for certain commodities is assigned to a single department, agency, or the General Services Administration (GSA). Commodity assignments are made— (1) To the departments and agencies, by the Deputy Under Secretary of Defense (Logistics); (2) To GSA, through agreement with GSA, by the Deputy Under Secretary of Defense (Logistics); (3) Outside the contiguous United States, by the Unified Commanders; and (4) For acquisitions to be made in the contiguous United States for commodities not assigned under paragraphs (a)(1), (2), or (3) of this section, by agreement of agency heads (10 U.S.C. 2311). (i) Agreement may be on either a one-time or a continuing basis. The submission of a military interdepartmental purchase request (MIPR) by a requiring activity and its acceptance by the contracting activity of another department, even though based on an oral communication, constitutes a one-time agreement. (ii) Consider repetitive delegated acquisition responsibilities for coordinated acquisition assignment. If not considered suitable for coordinated acquisition assignment, formalize continuing agreements and distribute them to all activities concerned. (b) Under the Integrated Materiel Management Program, assignments are made by the Deputy Under Secretary of Defense (Logistics)— (1) To the departments and agencies; and (2) To GSA, through agreement with GSA. [56 FR 36306, July 31, 1991, as amended at 64 FR 51075, Sept. 21, 1999; 70 FR 35544, June 21, 2005] See PGI 208.7002–1 for the acquiring department's responsibilities. [71 FR 39004, July 11, 2006] See PGI 208.7002–2 for the requiring department's responsibilities. [71 FR 39004, July 11, 2006] (a) Acquire all items assigned for IMM from the IMM manager except— (1) Items purchased under circumstances of unusual and compelling urgency as defined in FAR 6.302–2. After such a purchase is made, the requiring activity must send one copy of the contract and a statement of the emergency to the IMM manager; (2) Items for which the IMM manager assigns a supply system code for local purchase or otherwise grants authority to purchase locally; or (3) When purchase by the requiring activity is in the best interest of the Government in terms of the combination of quality, timeliness, and cost that best meets the requirement. This exception does not apply to items— (i) Critical to the safe operation of a weapon system; (ii) With special security characteristics; or (iii) Which are dangerous (e.g., explosives, munitions). (b) Follow the procedures at PGI 208.7003–1(b) when an item assigned for IMM is to be acquired by the requiring department in accordance with paragraph (a)(3) of this subsection. [60 FR 61593, Nov. 30, 1995, as amended at 64 FR 51075, Sept. 21, 1999; 64 FR 61031, Nov. 9, 1999; 71 FR 39004, July 11, 2006] Requiring departments must submit to the acquiring department all contracting requirements for items assigned for coordinated acquisition, except— (a) Items obtained through the sources in FAR 8.001(a)(1) (i) through (vii); (b) Items obtained under 208.7003–1(a); (c) Requirements not in excess of the simplified acquisition threshold in FAR part 2, when contracting by the requiring department is in the best interest of the Government; (d) In an emergency. When an emergency purchase is made, the requiring department must send one copy of the contract and a statement of the emergency to the contracting activity of the acquiring department; (e) Requirements for which the acquiring department's contracting activity delegates contracting authority to the requiring department; (f) Items in a research and development stage (as described in FAR part 35). Under this exception, the military departments may contract for research and development requirements, including quantities for testing purposes and items undergoing in-service evaluation (not yet in actual production, but beyond prototype). Generally, this exception applies only when research and development funds are used. (g) Items peculiar to nuclear ordnance material where design characteristics or test-inspection requirements are controlled by the Department of Energy (DoE) or by DoD to ensure reliability of nuclear weapons. (1) This exception applies to all items designed for and peculiar to nuclear ordnance regardless of agency control, or to any item which requires test or inspection conducted or controlled by DoE or DoD. (2) This exception does not cover items used for both nuclear ordnance and other purposes if the items are not subject to the special testing procedures. (h) Items to be acquired under FAR 6.302–6 (national security requires limitation of sources); (i) Items to be acquired under FAR 6.302–1 (supplies available only from the original source for follow-on contract); (j) Items directly related to a major system and which are design controlled by and acquired from either the system manufacturer or a manufacturer of a major subsystem; (k) Items subject to rapid design changes, or to continuous redesign or modification during the production and/or operational use phases, which require continual contact between industry and the requiring department to ensure that the item meets the requirements: (1) This exception permits the requiring department to contract for items of highly unstable design. For use of this exception, it must be clearly impractical, both technically and contractually, to refer the acquisition to the acquiring department. Anticipation that contracting by negotiation will be appropriate, or that a number of design changes may occur during contract performance is not in itself sufficient reason for using this exception. (2) This exception also applies to items requiring compatibility testing, provided such testing requires continual contact between industry and the requiring department; (l) Containers acquired only with items for which they are designed; (m) One-time buy of a noncataloged item. (1) This exception permits the requiring departments to contract for a nonrecurring requirement for a noncataloged item. This exception could cover a part or component for a prototype which may be stock numbered at a later date. (2) This exception does not permit acquisitions of recurring requirements for an item, based solely on the fact that the item is not stock numbered, nor may it be used to acquire items which have only slightly different characteristics than previously cataloged items. [56 FR 36306, July 31, 1991, as amended at 60 FR 61593, Nov. 30, 1995; 64 FR 51075, Sept. 21, 1999] Follow the procedures at PGI 208.7004 for processing coordinated acquisition requirements. [71 FR 39005, July 11, 2006] Follow the procedures at— (a) PGI 253.208–1 when using DD Form 448, Military Interdepartmental Purchase Request; and (b) PGI 253.208–2 when using DD Form 448–2, Acceptance of MIPR. [71 FR 39005, July 11, 2006] See PGI 208.7006 for coordinated acquisition assignments. [71 FR 39005, July 11, 2006] NASA is authorized by Public Law 85–568 to use the acquisition services, personnel, equipment, and facilities of DoD departments and agencies with their consent, with or without reimbursement, and on a similar basis to cooperate with the departments/agencies in the use of acquisition services, equipment, and facilities. Departments and agencies shall cooperate fully with NASA in making acquisition services, equipment, personnel, and facilities available on the basis of mutual agreement. [71 FR 39005, July 11, 2006] Follow the procedures at PGI 208.7102 when contracting or performing services for NASA. [71 FR 39005, July 11, 2006] As used in this subpart— Defense Supply Center, Philadelphia (DSCP) means the Defense Logistics Agency field activity located at 700 Robbins Avenue, Philadelphia, PA 19111–5096, which is the assigned commodity integrated material manager for refined precious metals and is responsible for the storage and issue of such material. Refined precious metal means recovered silver, gold, platinum, palladium, iridium, rhodium, or ruthenium, in bullion, granulation or sponge form, which has been purified to at least .999 percentage of fineness. [56 FR 36306, July 31, 1991, as amended at 65 FR 14398, Mar. 16, 2000; 65 FR 52951, Aug. 31, 2000; 65 FR 58607 Sept. 29, 2000; 71 FR 39005, July 11, 2006] DoD policy is for maximum participation in the Precious Metals Recovery Program. DoD components shall furnish recovered precious metals contained in the DSCP inventory to production contractors rather than use contractor-furnished precious metals whenever the contracting officer determines it to be in the Government's best interest. [56 FR 36306, July 31, 1991, as amended at 65 FR 52951, Aug. 31, 2000; 71 FR 39005, July 11, 2006] Follow the procedures at PGI 208.7303 for use of the Precious Metals Recovery Program. [71 FR 39005, July 11, 2006] See PGI 208.7304 for a list of refined precious metals managed by DSCP. [71 FR 39005, July 11, 2006] (a) Use the clause at 252.208–7000, Intent to Furnish Precious Metals as Government-Furnished Material, in all solicitations and contracts except— (1) When the contracting officer has determined that the required precious metals are not available from DSCP; (2) When the contracting officer knows that the items being acquired do not require precious metals in their manufacture; or (3) For acquisitions at or below the simplified acquisition threshold. (b) To make the determination in paragraph (a)(1) of this section, the contracting officer shall consult with the end item inventory manager and comply with the procedures in Chapter 11, DoD 4160.21–M, Defense Materiel Disposition Manual. [56 FR 36306, July 31, 1991, as amended at 64 FR 2596, Jan. 15, 1999; 65 FR 14398, Mar. 16, 2000; 65 FR 52952, Aug. 31, 2000] Source: 67 FR 65511, Oct. 25, 2002, unless otherwise noted.
This subpart prescribes policy and procedures for acquisition of commercial software and software maintenance, including software and software maintenance that is acquired— (a) As part of a system or system upgrade, where practicable; (b) Under a service contract; (c) Under a contract or agreement administered by another agency (e.g., under an interagency agreement); (d) Under a Federal Supply Schedule contract or blanket purchase agreement established in accordance with FAR 8.404(b)(4); or (e) By a contractor that is authorized to order From a Government supply source pursuant to FAR 51.101. As used in this subpart— Enterprise software agreement means an agreement or a contract that is used to acquire designated commercial software or related services such as software maintenance. Enterprise Software Initiative means an initiative led by the DoD Chief Information Officer to develop processes for DoD-wide software asset management. Software maintenance means services normally provided by a software company as standard services at established catalog or market prices, e.g., the right to receive and use upgraded versions of software, updates, and revisions. [67 FR 65511, Oct. 25, 2002, as amended at 71 FR 39005, July 11, 2006] Departments and agencies shall fulfill requirements for commercial software and related services, such as software maintenance, in accordance with the DoD Enterprise Software Initiative (ESI) (see Web site at http://www.don-imit.navy.mil/esi). ESI promotes the use of enterprise software agreements (ESAs) with contractors that allow DoD to obtain favorable terms and pricing for commercial software and related services. ESI does not dictate the products or services to be acquired. Follow the procedures at PGI 208.7403 when acquiring commercial software and related services. [71 FR 39005, July 11, 2006]
Title 48: Federal Acquisition Regulations System
PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES
Section Contents
208.002 Priorities for use of Government supply sources.
208.404 Use of Federal Supply Schedules.
208.405-70 Additional ordering procedures.
§ 208.406 Ordering activity responsibilities.
§ 208.406-1 Order placement.
208.705 Procedures.
208.7000 Scope of subpart.
208.7001 Definitions.
208.7002 Assignment authority.
208.7002-1 Acquiring department responsibilities.
208.7002-2 Requiring department responsibilities.
208.7003 Applicability.
208.7003-1 Assignments under integrated materiel management (IMM).
208.7003-2 Assignments under coordinated acquisition.
208.7004 Procedures.
208.7005 Military interdepartmental purchase requests.
208.7006 Coordinated acquisition assignments.
208.7100 Authorization.
208.7101 Policy.
208.7102 Procedures.
208.7301 Definitions.
208.7302 Policy.
208.7303 Procedures.
208.7304 Refined precious metals.
208.7305 Contract clause.
208.7400 Scope of subpart.
208.7401 Definitions.
208.7402 General.
208.7403 Acquisition procedures.
208.002 Priorities for use of Government supply sources.
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Subpart 208.4—Federal Supply Schedules
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208.404 Use of Federal Supply Schedules.
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208.405-70 Additional ordering procedures.
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§ 208.406 Ordering activity responsibilities.
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§ 208.406-1 Order placement.
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Subpart 208.7—Acquisition From the Blind and Other Severely Handicapped
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208.705 Procedures.
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Subpart 208.70—Coordinated Acquisition
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208.7000 Scope of subpart.
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208.7001 Definitions.
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208.7002 Assignment authority.
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208.7002-1 Acquiring department responsibilities.
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208.7002-2 Requiring department responsibilities.
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208.7003 Applicability.
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208.7003-1 Assignments under integrated materiel management (IMM).
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208.7003-2 Assignments under coordinated acquisition.
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208.7004 Procedures.
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208.7005 Military interdepartmental purchase requests.
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208.7006 Coordinated acquisition assignments.
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Subpart 208.71—Acquisition for National Aeronautics and Space Administration (NASA)
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208.7100 Authorization.
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208.7101 Policy.
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208.7102 Procedures.
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Subpart 208.72 [Reserved]
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Subpart 208.73—Use of Government-Owned Precious Metals
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208.7301 Definitions.
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208.7302 Policy.
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208.7303 Procedures.
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208.7304 Refined precious metals.
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208.7305 Contract clause.
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Subpart 208.74—Enterprise Software Agreements
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208.7400 Scope of subpart.
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208.7401 Definitions.
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208.7402 General.
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208.7403 Acquisition procedures.
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