(Added September 15, 2008)
PGI 225.77—ACQUISITIONS IN SUPPORT OF OPERATIONS IN IRAQ OR AFGHANISTAN
(See DFARS 225.76 - Pop-up window, PGI Viewer mode)
(b) Subject matter experts for defense industrial base matters are as follows:
For Army: SAAL-PA, Army Industrial Base Policy, telephone 703-695-2488.
For DLA: DLA J-74, Acquisition Programs and Industrial Capabilities Division, telephone 703-767-1427.
For Navy: Ship Programs, DASN Ships, telephone 703-697-1710.
For Air Force: Air Force Research Laboratory, Materials Manufacturing Directorate, telephone 703-588-7777.
For Other Defense Agencies: Personnel at defense agencies without industrial base expertise on staff should contact the Office of the Deputy Under Secretary of Defense for Industrial Policy (Acquisition, Technology, and Logistics), telephone 703-697-0051.
(c) Determination formats.
(i) Prepare an individual determination and findings substantially as follows:
DEPARTMENT OR AGENCY
Authority to Acquire Products or Services
from Iraq or Afghanistan
Determination and Findings
Upon the basis of the following findings and determination which I hereby make in accordance with the provisions of DFARS 225.7703-2, the acquisition of a product or service, other than small arms, in support of operations in [Select one: Iraq / Afghanistan / Iraq and Afghanistan] may be made as follows:
Findings
1. The [contracting office] proposes to purchase under contract number ________________, [describe item]. The total estimated cost of this acquisition is ____________________.
2. The product or service is to be used by [describe the entity(ies) that are the intended user(s) of the product or service].
3. The contracting officer recommends conducting the acquisition using the following procedure, which, given this determination, is authorized by Section 886 of Public Law 110-181:
[Select one of the following:]
Provide a preference for products or services from Iraq or Afghanistan.
Limit competition to products or services from Iraq or Afghanistan.
Use procedures other than competitive procedures to award a contract to a particular source or sources from Iraq or Afghanistan.
4. To implement the recommended procedure, the solicitation will contain [title and number of the applicable provision and/or clause prescribed at DFARS 225.7703-5].
5. The proposed acquisition will provide a stable source of jobs in [Select one: Iraq / Afghanistan / Iraq and Afghanistan], because __________________________.
6. The proposed use of other than full and open competition is necessary to provide this stable source of jobs in [Select one: Iraq / Afghanistan / Iraq and Afghanistan].
7. The proposed use of other than full and open competition will not adversely affect military operations or stability operations in [Select one: Iraq / Afghanistan / Iraq and Afghanistan], because ____________________. This is the opinion of the [title of the official responsible for operations in the area involved].
8. The proposed use of other than full and open competition will not adversely affect the United States industrial base.
9. [If a preference will be provided for products or services from Iraq or Afghanistan, or if competition will be limited to products or services from Iraq or Afghanistan, include—
(1) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable; and
(2) Whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception in FAR 5.202 applies.]
- or -
[If procedures other than competitive procedures will be used to award a contract to a particular source or sources from Iraq or Afghanistan, include—
(1) A description of the market research conducted in accordance with FAR Part 10 and the results; or a statement of the reason market research was not conducted;
(2) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition;
(3) A demonstration that the proposed contractor’s unique qualifications require the use of a noncompetitive acquisition, or an explanation of the other reasons for use of a noncompetitive acquisition; and
(4) A certification by the contracting officer that the information in paragraphs (1) through (3) above is accurate and complete to the best of the contracting officer’s knowledge and belief.]
Determination
I hereby determine that it is in the national security interest of the United States to use the acquisition procedure described above, because the procedure is necessary to provide a stable source of jobs in [Select one: Iraq / Afghanistan / Iraq and Afghanistan] and it will not adversely affect (1) Operations in [Select one: Iraq / Afghanistan / Iraq and Afghanistan] or (2) the United States industrial base.
_____________________________ _____________________________
(Date)
(ii) Prepare a determination and findings for a class of acquisitions substantially as follows:
DEPARTMENT OR AGENCY
Authority to Acquire Products or Services
from Iraq or Afghanistan
Determination and Findings
Upon the basis of the following findings and determination which I hereby make in accordance with the provisions of DFARS 225.7703-2, the acquisition of products or services, other than small arms, in support of operations in [Select one: Iraq / Afghanistan / Iraq and Afghanistan] may be made as follows:
Findings
1. It is anticipated that [applicable departments/agencies/components] will need to award contracts during the period from ___________ to _____________ in order to acquire [describe the type(s) of products or services] for [describe the purpose, if the purpose for which the items will be acquired is a defining characteristic of the class of acquisitions to be covered by the class determination].
2. The products or services to be acquired under the contemplated contracts are to be used by [describe the entity(ies) intended to use the products or services].3. This class of acquisitions should be conducted using the following procedure, which, given this determination, is authorized by Section 886 of Public Law 110-181:
[Select one of the following:]
Provide a preference for products or services from Iraq or Afghanistan.
Limit competition to products or services from Iraq or Afghanistan.
Use procedures other than competitive procedures to award a contract to a particular source or sources from Iraq or Afghanistan.
4. To implement the recommended procedure, solicitations will contain [title and number of the applicable provision and/or clause prescribed at DFARS 225.7703-5].
5. Each of the contemplated contracts will provide a stable source of jobs in [Select one: Iraq / Afghanistan / Iraq and Afghanistan], because __________________________.
6. The proposed use of other than full and open competition for this class of acquisitions is necessary to provide this stable source of jobs in [Select one: Iraq / Afghanistan / Iraq and Afghanistan].
7. The proposed use of other than full and open competition for this class of acquisitions will not adversely affect operations in [Select one: Iraq / Afghanistan / Iraq and Afghanistan], because__________________. This is the opinion of the [title of the official responsible for operations in the area involved].
8. The proposed use of other than full and open competition for this class of acquisitions will not adversely affect the United States industrial base.
9. [If a preference will be provided for products or services from Iraq or Afghanistan, or if competition will be limited to products or services from Iraq or Afghanistan, include—
(1) A description of the efforts that will be made to ensure that offers are solicited from as many potential sources as is practicable; and
(2) Whether a notice will be publicized as required by FAR Subpart 5.2 and, if not, which exception in FAR 5.202 applies.]
- or -
[If procedures other than competitive procedures will be used to award contracts to a particular source or sources from Iraq or Afghanistan, include—
(1) A description of the market research conducted in accordance with FAR Part 10 and the results; or a statement of the reason market research was not conducted;
(2) A listing of the sources, if any, that expressed, in writing, an interest in this class of acquisitions;
(3) A demonstration that the proposed contractor’s unique qualifications require the use of a noncompetitive acquisition, or an explanation of the other reasons for use of a noncompetitive acquisition; and
(4) A certification by the contracting officer that the information in paragraphs (1) through (3) above is accurate and complete to the best of the contracting officer’s knowledge and belief.]
Determination
I hereby determine that it is in the national security interest of the United States to use the acquisition procedure described above for [description of the class of acquisitions to which this determination is intended to apply], because the procedure is necessary to provide a stable source of jobs in [Select one: Iraq / Afghanistan / Iraq and Afghanistan] and it will not adversely affect (1) Operations in [Select one: Iraq / Afghanistan / Iraq and Afghanistan] or (2) the United States industrial base.
_____________________________ _____________________________
(Date)
PGI 225.7703-4 Reporting requirement.
(1) Reports shall include—
(i) Identification of each contract awarded using the procedures at DFARS 225.7703-1 during the reporting period; and
(ii) The following information for each contract identified:
(A) Dollar value.
(B) Description of the product(s) and/or services acquired.
(C) Purpose(s) for which the product(s) and/or service(s) were acquired (e.g., for use by the military forces of Iraq).
(D) The procedure in DFARS 225.7703-1 that was used for the acquisition (i.e., evaluation preference; limited competition; or other than competitive procedures).
(iii) Summary information as follows:
(A) Total number of reported contracts.
(B) Total dollar value of reported contracts.
(C) Number of contracts associated with the each of the following purposes:
(1) For use by military forces, police, or other security personnel of Iraq.
(2) To provide a stable source of jobs in Iraq.
(3) For use by military forces, police, or other security personnel of Afghanistan.
(4) To provide a stable source of jobs in Afghanistan.
(iv) Contact information for the individual who can address questions regarding the report.
(2) Reports shall be submitted in accordance with the following schedule:
|
Submit Report No Later Than |
September 15, 2008 – December 31, 2008 |
January 31, 2009 |
January 1, 2009 – June 30, 2009 |
July 31, 2009 |
July 1, 2009 – September 30, 2009 |
October 31, 2009 |