(Revised April
26, 2007)
203.104 Procurement integrity.
203.104-5 Disclosure of proprietary and source selection information.
203.170 Business practices.
203.104 Procurement integrity.
203.104-5 Disclosure of
proprietary and source selection information.
(d)(4) For purposes of FAR 3.104-5(d)(4) only, DoD follows the notification procedures in FAR 27.404(h). However, the first sentence in FAR 27.404(h) does not apply to DoD.
203.170 Business practices.
To ensure the separation of functions for oversight, source
selection, contract negotiation, and contract award, departments and agencies
shall adhere to the following best practice policies:
(a) Senior leaders shall not perform multiple
roles in source selection for a major weapon system or major service
acquisition.
(b) Vacant acquisition positions shall be filled
on an “acting” basis from below until a permanent appointment is made. To provide promising professionals an
opportunity to gain experience by temporarily filling higher positions, these
oversight duties shall not be accrued at the top.
(c) Acquisition process reviews of the military
departments shall be conducted to assess and improve acquisition and management
processes, roles, and structures. The
scope of the reviews should include—
(1) Distribution of acquisition roles and
responsibilities among personnel;
(2) Processes for reporting concerns about
unusual or inappropriate actions; and
(3) Application of DoD Instruction 5000.2,
Operation of the Defense Acquisition System, and the disciplines in the Defense
Acquisition Guidebook.
(d) Source selection processes shall be—
(1) Reviewed and approved by cognizant
organizations responsible for oversight;
(2) Documented by the head of the contracting
activity or at the agency level; and
(3) Periodically reviewed by outside officials
independent of that office or agency.
(e) Legal review of documentation of major
acquisition system source selection shall be conducted prior to contract award,
including the supporting documentation of the source selection evaluation
board, source selection advisory council, and source selection authority.
(f)
Procurement management reviews shall determine whether clearance
threshold authorities are clear and that independent review is provided for
acquisitions exceeding the simplified acquisition threshold.