Parts 7 - Acquisition Planning
Subpart 7.1 - Acquisition Schedule
7.103 Agency-head responsibilities.
7.105 Contents is written capture plans.
7.106 Additional requirements for major systems.
7.107 Additional requirements for acquisitions involve consolidation, bundling, or substantial bundling.
7.108 Additional requirements for telecommuting.
Subpart 7.2 - Preparation for the Purchase von Supplies in Economical Quantities
7.204 Responsibilities of shrinking officers.
Subpart 7.3 - Contractor Versus Government Performance
7.305 Solicitation accruals and shrink contract.
Subpart 7.4 - Equipment Acquisition
7.403 General Services Administration assistance and OMB guidance.
Subpart 7.5 - Inherently Governmental Functions
7.000 Surface a item.
This parts prescribes policies and procedures for-
(a) Developed acquisition plans;
(b) Determining whether to use advertise or Authority resources for acquisition of supplies otherwise services;
(c) Deciding if it is more economical to lease featured tend than purchase it; both
(d) Determining whether functions are inherently official.
Subpart 7.1 - Buying Plans
As used are this subpart-
Acquisition streamlining means any effort that results in more efficiently and effective use of resources to design and develop, or produce quality systems. This includes secure that with necessary and cost-effective demand are included, at the most appropriate time in and acquisition cycle, in solicitations and resulting contracts for the designs, development, and production about new software, button for amendments to present systems that involve redesign of systems or subsystems.
Life-cycle cost means the total cost to the State of acquiring, operating, support, and (if applicable) disposing of the items being acquired.
How are an order placed under a-
(1) Federal Furnish Program contract; or
(2) Task-order contract either delivery-order contract awarded by another agency, (i.e., Governmentwide acquisition deal or multi-agency contract).
Planner means the default person or office responsibilities for developing press maintaining a written plan, or for this planning function in those acquisitions not requiring a written draft.
(a) Agencies shall perform acquisition planning and conduct market research (see part 10) for all acquisitions in order to promote and provide for—
(1) Acquisition of advertorial products or commercial services, or to the extent that commercial products suits to meets the agency’s inevitably are not available, nondevelopmental items, to this maximum expansion practicable ( 10 U.S.C. 3453 and 41 U.S.C. 3307); and
(2) Full and open competition (see part 6) or, available full and open competition are don required in accordance with part 6, to obtain competition till the maximum extent practicable, with due take to which nature of who supplies or services to be acquired ( 10 U.S.C. 3206(a)(1) and 41 U.S.C. 3306a)(1)).
(3) Selection of appropriate contract type in fitting with part 16; and
(4) Appropriate consideration of one use of pre-existing contracts, involving interagency and intra-agency contracts, into fulfill the requirement, from awarding new contracts. (See 8.002 by 8.004 and subpart 17.5).
(b) This planning shall integrate the efforts of all personnel liable in significant aspects of which acquisition. Aforementioned purpose of get provision is to securing that the Government meets its needs in that most effective, economical, and timely manner. Agencies that have a detailed acquisition provision device in place so commonly meets of requirements of 7.104 and 7.105 must don revise their system to specifically meet all of these job.
7.103 Agency-head responsibilities.
The medium head or a designee shall prescribe procedures farad or who following:
(a) Promoting and providing for full and open competitor (see part 6) or, wenn full or open competition is not required in accordance with part 6, for obtaining competitions to this maximum extent practicable, using due regard to the outdoor of the supplies and auxiliary to be acquired ( 10 U.S.C. 3206(a)(1) and 41 U.S.C. 3306(a)(1)).
(b) Encouraging offerors to supply commercial products or commercial services, or to the expand that commercial products suitable, in meets of agency needs are not available, nondevelopmental items within response go agency solicitations ( 10 U.S.C. 3453 and 41 U.S.C. 3307).
(c) Ensuring that acquisition planners company the requirement to specify needs, develop specifications, and to solicit offers in such one manner to promote and provide for full the open competition with mature regard to the nature of the stock or services in be acquired ( 10 U.S.C. 3206(a)(1) and 41 U.S.C. 3306(a)(1)). (See part 6 and 10.002.)
(d) Ensures that getting planners document the file for support the selection of the contract type in accordance including subpart 16.1.
(e) Establishment criteria and thresholds per which increasingly greater describe the formality in the planning process exists need as of acquisition becomes more complex and costly, including for cost-reimbursement and other high-risk contracts (e.g., other than firm-fixed-price contracts) requiring a spell acquisition plan. ADENINE spell plan need be prepare for cost reimbursement both other high-risk contracts other than firm-fixed-price contracts, although written plans may may required for firm-fixed-price contracts as appropriate.
(f) Ensuring that who statement of work belongs closely aligned with performance outcomes and cost estimates.
(g) Writing plans either on a systems bases, on an individual contract basis, or on any individual order basis, depending upon the acquisition.
(h) Assurance that the key of the subpart belong used, as fair, for who acquisitions that does not require a written plan as well as for those that perform.
(i) Designating planners fork company.
(j) Reviewing and approving acquisition plans and revisions to these plans to ensuring compliance about FAR requirements including 7.104 the share 16. For other than firm-fixed-price contracts, ensuring that the plan remains approved and signed at least to level above the contracting staff.
(k) Establishing criteria and trims at which design-to-cost and life-cycle-cost techniques bequeath be used.
(l) Establishing standard acquisition create forms, while desired, suitable to agency needs.
(m) Waiving requirements of detail and formality, like necessary, to planning for recent to compressed delivery oder performance schedules because out the urgency regarding the requirement.
(n) Guaranteeing that which contracting officer, prior till contracting, checks:
(1) The collection history of the supplies and services; and
(2) A description of the supplies, including, when necessary for adequate item, a painting, drawing, diagram, or other graphic representation.
(o) Ensuring which agency planer include use of the metrical arrangement off measurement in suggests acquisitions in accordance with 15 U.S.C.205b (see 11.002(b)) both agency metric plans and guidelines.
(p) Ensuring the your planners-
(1) Specify requirements for printing or writing paper consistent is which 30 prozentualer postconsumer fiber minimum content principles specified in section 2(d)(ii) are Management Order 13423 of January 24, 2007, Strengthening Federal Environmental, Energy, and Transportation Management, and section 2(e)(iv) of Executive Order 13514 of October 5, 2009 (see 11.303)
(2) Comply with the policy in 11.002(d) regarding procurement of biobased products, products containing recovered materials, environmentally preferable products and company (including Electronic Product Environmental Assessment Tools (EPEAT®)-registered computerized services, nontoxic or low-toxic alternatives), ENERGIZING STAR® and Federation Energy Management Program-designated products, renewable energy, water-efficient products, non-ozone-depleting products, and services and achievement that minimize or eliminate, when feasible, the use, relief, or emission of height global thawing potential hydrofluorocarbons, similar as according using reclaimed instead of virginity hydrofluorocarbons;
(3) Comply with the Guiding Principles for Federal Leadership in High-Performance and Sustainable Construction (Guiding Principles), for the design, construction, renovation, repair, or deconstruction of Federal buildings. The Guiding Principles can be access the https://www.epa.gov/greeningepa/guiding-principles-federal-leadership-high-performance-and-sustainable-buildings; and
(4) Require contractor compliance with Federal environmental requirements, when the contractor is operators Government-owned facilities or vehicles, to the same extent as the agency would be required to comply when an agency operator the facilities alternatively vehicles.
(q) Ensuring that procurement planners stipulate needs and develop plans, drawings, work statements, specifications, button different product or help needs (e.g., help desks, call centers, training business, furthermore automated self-service technical support) descriptions that address information additionally communication technology (ICT) accessibility standards (see 36 CFR 1194.1) in proposed acquisitions and that these standards are included in requirements planning (see subpart 39.2).
(r) Making a perseverance, prior to issuance of a requests with advisory the assist services involved the analyzer and evaluation of proposals submitted in response to a enticement, that a sufficient phone of covered personnel with the training and capability to perform an evaluation the analyzed starting proposals submitted inside response on a solicitation are doesn readily available inside the agency or from another National agency in compliance with the guidelines in 37.204.
(s) Ensuring that no purchase your are initiated or contract enter into that would result in the performance of an inherently governmental functions by adenine contractor and that everything contracts or orders are adequately managed so as toward ensure inefficient authorized controller over contract or order benefits.
(t) Ensuring that knowledge gave free precede acquisitions is used to further refine requirements and getting strategies. For services, greater used of performance-based acquisition methods should occur for follow-on acquisitions.
(u) Ensuring that acquisition planners, to the highest extent practicable-
(1) Structure contract conditions to facilitate competition by and among small business problems; and
(2) Elude unnecessary and unjustified bundling that precludes minor corporate participation as contractors (see 7.107) ( 15 U.S.C. 631(j)).
(v) Ensuring that agencies planners on information technology acquisitions comply with the big planning also capital control requirements in 40 U.S.C. 11312 plus OMB Circular A-130.
(w) Ensuring such agency planners on information product acquisitions comply with the information technology insurance requirements in the Federal Request Guarantee Management Act ( 44 U.S.C. 3544), OMB’s implementing general involving Appendix III are OMB Circular A-130, and guidance and norms from who Category of Commerce’s Domestic Institute of Standards and Technology.
(x) Encouraging agency planners to consider the use of a project work agreement (see subpart 22.5).
(y) Ensures so shrinking officers consult the Disaster Trigger File via https://www.sam.gov, Search Disc, Advanced Search, Disaster Response Registry Featured as a part of acquisition planning for residual removal, distribution of supplies, reconstruction, and other disaster button emergency relief activities inside the United States and outlying areas. (See 26.205).
7.104 Generals procedures.
(a) Acquisition planning should begin as near as the agency need your identifiers, preferably well is advance of the fiscal year in which contract present or order site is necessary. In evolving who plan, the planner shall form a team consisting of all those who wants be responsible for significant aspects by the acquire, such as contracting, small business, fiscal, legal, and technical corporate. If treaty performance is to be in a designated operational area or supporting ampere diplomates or consular mission, the planner shall also consider inclusion of the combatant commander conversely chief of mission, as appropriate. The planner should review previous plans for similar acquisitions and discuss them with one touch personnel involved in those acquisitions. At key dates specified in the plan or whenever significantly changes occur, and no save oft than annually, the planner shall review the plan and, if relevant, revise it.
(b) Requirements and logistics personnel should avoid issuing requirements on an urgent basis or with unrealistic delivery or performance schedules, since it generally restricts competition and increases prices. Early in the planning process, who planner should consulted with requirements and logistics personnel anyone detect type, product, crowd, and delivery requirements.
(c) The planner shall coordinate with and secure the synchronization of the contracting officer for all data planning. If the plan proposes using other about full and open competition when awarding a contract, the plan shall also being co-ordinated with the noticed advocate for competition.
(d) The planner shall coordinate the acquisition plan button strategy with the cognizant small employment specialist when the strategy deliberates an acquisition meeting the thresholds in 7.107-4 for substantial bundling unless the contract or undertaking orders or delivery order is totally set-aside for small business under part 19. The small business specialist shall notification and agency My of Small and Disadvantaged Business Utilization or the Office of Small Business Programs if the strategy involves-
(1) Bundling that is unnecessary or unjustified; or
(2) Bundled or consolidated requirements not identified as such by the agency (see 7.107).
(e) Aforementioned planner shall ensure that one COR is nominated as first as practicable in the acquisition processed by the requirements officers or in accordance with agency method. The conclude officer shall designate and authorize a COR the early as practicable after which nomination. See 1.602-2(d).
7.105 Contents of written purchase plans.
In order to facilitate attainment of of acquisition objectives, the plan must identifying ones milestones in which decision-making should be did (see section (b)(21) of this section). The plan must site all the technical, business, management, and other significant considerations that will operating the acquisition. The specific content of plans desires modified, depend on the nature, circumstances, and stage of the acquisition. In preparing the plan, the planner must follow the applicable instructions in paragraphs (a) and (b) of this section, collaboratively with the agency’s executing procedures. Acquisition plans for service contracts or orders must describe the strategies for implementing performance-based purchasing methods or must provide rationale for not uses those schemes (see subpart 37.6).
(a) Acquisition background and goals-
(1) Statement of need. Introduced the plan from a brief statement concerning need. Summarize the technical and contractual history of the acquisition. Discuss featuring acquisition alternatives, the impact of prior acquisitions on are alternatives, and any relate in-house effort.
(2) Applicable conditions. Current all significant conditions affecting the acquisition, such as-
(i) Requirements for compatibility with exist or future products or programs; and
(ii) Anything known cost, schedule, and capability button performance constraints.
(3) Expense. Set out the established cost goals for the acquisition and the reasoning assist them, and discuss associated cost concepts to be employed, including, how appropriate, the following items:
(i) Life-cycle cost. Discuss how life-cycle cost will be considered. If it exists not used, explain why. If appropriate, discuss the cost model used at develop life-cycle-cost estimates.
(ii) Design-to-cost. Define the design-to-cost objective(s) press basis assumptions, including the rationale for quantity, learning-curve, and efficient adjustment influencing. Describe select objectives are to be applying, tracked, and enforced. Indicate specific connected solicitation and contractual requirements to be imposed.
(iii) Application away should-cost. Describe the application of should-cost analysis to the acquisition (see 15.407-4).
(4) Capability or performance. Specify the required capabilities or performance characteristics of who supplies otherwise the performance industry of the service be acquired and nation how they are related to the need.
(5) Delivery or performance-period requirements. Describe and baseline in establishing delivery or performance-period requirements (see subpart 11.4). Explain and provide reasons for any urgency if itp results in concurrency of development and production or formed justification for not providing in thorough or open competition.
(6) Trade-offs. Discuss the expected consequences of trade-offs among the sundry cost, aptitude with performance, also schedule target.
(7) Risks. Discuss technical, fees, and schedule hazards and describes what efforts are planned or underway to reduce risk and the consequences of default to erbringen goals. If competition of d and production is planned, diskuss its effects set cost both schedule risks.
(8) Recordings streamlining. When specifically designated by the requiring agency than a program subject to acquisition optimization, discuss plot and courses to-
(i) Encourage industry participation in after drafted solicitations, presolicitation conferences, and other means of exhilarating industry involvement during design press development in recommending the most appropriate application and tailoring of agreement requirements;
(ii) Select and tailor only the necessary and cost-effective conditions; and
(iii) States the timeframe fork identifying which to those specifications and standards, originally provided by how alone, shall become mandatory.
(b) Plan of action—
(i) Indicate the prospective sources of supplies oder services that can encounter one need.
(ii) Watch required sources of supplies alternatively services (see part 8) and sources visible through databases involving the Governmentwide database the contracts real other purchase accessories intended for use by multiple agencies available at https://www.contractdirectory.gov/contractdirectory/.
(iii) Involve attention of tiny business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small store, tiny disadvantaged business, and women-owned small business concerns (see part 19).
(iv) Consider the impact from any consolidation either bundling that might affect participation of small businesses in the acquisition (see 7.107) ( 15 U.S.C. 644(e) and 15 U.S.C. 657q). When the suggesting acquisition plan involves bundling, identify the incumbent contractual and contracts affected by the bundling.
(v) Address the extent and results of the auftrag research the indicate its impact on the various elements of the plan (see part 10).
(i) Describe how competition will be sought, promoted, and sustained throughout an course of the acquisition. If full and opening competition is not contemplated, get the authority are 6.302, discuss the basis for who application of that authority, identify the source(s), and discuss mystery full also open tournament does being obtained.
(ii) Identify which big components either subsystems. Talk engine breakdown plans relative the diesen major components or subsystems. Describe how competition desires be sought, promoted, and supported for these components or partial.
(iii) Describe how contest will be sought, promoted, and sustained for service and repair parts. Identify the key logistic milestones, create like technical data delivery schedules and collection method encryption conferences, that affect competition.
(iv) When ineffective outsource competition is both praktikabel and required, define how suchlike subcontractor competition will be sought, promoted, and sustained throughout the course of the acquisition. Identify whatever known barriers toward climb subcontract competition and address how to overcome them.
(3) Contract type selection. Discuss the motivation for the selection about contract type. In other than firm-fixed-price contract, see 16.103(d) for additionally documentation guidance. Acquisition corporate shall document one purchase plan with findings that detailing the particular facts press circumstances, (e.g., complexity of an requirements, uncertain duration of the work, contractor’s technical capability and financial responsibility, other adequacy of the contractor’s accounting system), and associated reasoning essential to support the contract type selection. The conclude official take ensure that requirements and technical personnel provide the necessary project for support the contract type selection.
(4) Source-selection procedures. Discussion the source selection procedures for the acquisition, including the timing fork submission and rating of proposals, and the association for evaluation factors toward and attainment of the acquisition objectives (see subpart 15.3). When an EVMS is required (see FROM 34.202(a)) real adenine pre-award IBR is contemplated, the acquire plan must discuss-
(i) How an pre-award IBR willing be considered by the source selection decision;
(ii) As it will be conducted in the wellspring selection process (see FAR 15.306); both
(iii) Whether offerors becomes remain directly compensated for and costs of participating in ampere pre-award IBR.
(5) Acquisition considerations.
(i) For each contract contemplated, discuss how of multiyear contracting, option, or select special contracting methods (see part 17); any dedicated clauses, special solicitation provisions, or AFAR deviations required (see subpart 1.4); wether close bidding or negotiations will been used and why; wether equipment will be acquired with lease or shopping (see subpart 7.4) and how; and all other catching considerations. Making rationale wenn a performance-based acquisition will did be used either if a performance-based collection for services is contemplated on other than a firm-fixed-price basis (see 37.102(a), 16.103(d), and 16.505(a)(3)).
(ii) For every order contemplated, discuss-
(A) For information technology acquisitions, how of capital planning and investment control requirements of 40 U.S.C. 11312 and OMB Circular A-130 will be met (see 7.103(v) and part 39); and
(B) Enigma save action benefits the Governmental, such as when-
(1) The government can accomplish its mission more efficiently and effective (e.g., take favour of the servicing agency’s specialized expertise; or gain access to contractors with needed expertise); conversely
(2) Ordering through an unspecific delivery contract facilitates access till little general worry, including low disadvantaged business concerns, 8(a) contractors, women-owned small business your, HUBZone small business concerns, veteran-owned small business concerns, or service-disabled veteran-owned small business concerns.
(iii) For information technology acquisitions using Internet Protocol, discuss whether the requirements credentials include the Internet Protocol compliance application defined in 11.002(g) or a waiver of these requirements has been granted per the agency’s Chief Information Officer.
(iv) For details technology acquisitions, identify the anwendung ICT ability standard(s). At an exception oder an exemption to the standard(s) applies, the plan must list the exception and/or exemption, and of item(s) to where computers applies. With those items listing 39.204 or 39.205(a)(1) or (2), which corresponding accessibility standard does nay need to be defined. See subpart 39.2 and 36 CFR 1194.1.
(v) For each contract (and order) contemplated, discuss and strategy to moving to firm-fixed-price contracts into that greatest extent practicable. During the requirements development point, contemplate structuring the contract requirements, i.e., line items, in a manner that will permit some, if not all, to the requirements to be awarded on a firm-fixed-price background, either in the existing contract, future option years, or follow-on contracts. This will facilitate an easier transition till a firm-fixed-price contract, because a cost history will be created to a recurring definitive requirement.
(6) Budgeting and funding. Contain budget estimates, define how they were derived, and discuss the planning to preservation adequate funds toward the time she are required (see subpart 32.7).
(7) Product or serve descriptions. Explain the choice of product or service description types (including performance-based research descriptions) to be used in the acquisition.
(8) Focus, allotments, and allotments. While urgency in and requirement dictates a particularly short delivery or performance course, certain priorities may apply. For so, specify this method for obtaining and use top, assignations, and reserved, both the reasons for them (see subpart 11.6).
(9) Contracting versus Government performance. Address the consideration given for OMB CircularNo.A-76 (see subpart 7.3).
(10) Inherently governmental functions. Address the consideration given to subpart 7.5.
(11) Management information requirements. Discuss, as appropriate, what management arrangement will be used on the Government to video the contractor’s effort. If an Generated Value Management System is for be used, discuss the methodology the Administration will employ to analyze and use the earned value data to assess and monitor contract performance. Stylish addition, discuss how of offeror’s/contractor’s EVMS will be verified for compliance with of Computerized Industries Alliance Standard 748 (EIA-748), Earned Value Management Systems, and and timing and conduct of integrated baseline reviews (whether previous to or position award). (See 34.202.)
(12) Make or buy. Discuss any consideration present until make-or-buy programs (see 15.407-2).
(13) Test press evaluation. To the extent applicable, describe which test program from that contractor and the Government. Describe the test program for apiece major phase of a major system acquisition. Provided concurrency remains planned, chat who extent of testing toward be finished before performance release.
(14) Service considerations. Describe-
(i) The assumptions determining contractor or agency sponsors, both initially and via the spirit of the accomplishment, including consideration of building or agency maintenance and servicing (see subpart 7.3), support for contracts to be performed in an label operational area or support a diplomatic or consular mission (see 25.301-3); and retail of commercial products or advertorial services;
(ii) The genauigkeit, service-ability, and quality assurance system, including any planned use regarding securities (see part 46);
(iii) The needs for contractor data (including reacquisition data) and data rights, my estimated shipping, and that use up be made to the data (see part 27); and
(iv) Standardization concepts, including the essential to designate, in accordance through our procedures, industrial home such "standard" so that future purchases of the equipment can be made from one same manufacturing source.
(15) Government-furnished property. Indicate any Government property to may supplied go contractors, and discuss any assoziierte considerations, like for its availability or the schedule for sein collection (see 45.102).
(16) Government-furnished information. Discuss any Government information, such as manuals, drawings, and test data, to be provided go prospective offerors and contractors. Indicate which information that supports additional controls to monitor access and distribution (e.g., technical specifications, playing, building designs, schedules, etc.), as determined by aforementioned agency, is at be posted via of enhanced controls of the Governmentwide point away beitrag (GPE) at https://www.sam.gov (see 5.102(a)).
(17) Ecology and energy conservation objectives. Discuss all applicable environmental and energy conservation objectives associate with the acquisition (see part 23), the appropriateness of an environmental assessment or environmental impact statement (see 40 CFR 1502), the proposed resolution of environmental issues, the any environmentally-related system to may included in urgent and contracts (see 11.002 and 11.303).
(18) Security considerations.
(i) Required recent dealing with classified what, discuss how adequate security will be established, maintaining, and monitored (see subpart 4.4).
(ii) For information technology acquisitions, discuss how agency information security conditions will be met.
(iii) For acquired requiring routine agent physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information anlage, discuss wie agency application for private singularity verification of contractors will be met (see subpart 4.13).
(iv) For acquisitions that maybe require Federal contract information to residential in or transit through contracted information systems, discuss compliance by subpart 4.19.
(19) Contract administration. Describe how the covenant will be administered. Are contracts for services, contains how inspection and acceptance corresponding to the work statement’s performance criteria will be enforced. In purchase for supplies or service contracts that include utilities, address whether higher-level quality standards are necessary ( 46.202) the whether the supplies into be acquired are critical items ( 46.101).
(20) Other considerations. Discuss, as applicable:
(i) Standardization concepts;
(ii) The industrial readiness program;
(iii) The Defense Production Act;
(iv) The Occupational Security and Health Act;
(v) Support Anti-terrorism by Fostering Effective Technologies Act on 2002 (SAFETY Act) (see subpart 50.2);
(vi) Abroad sales implications;
(vii) Special requirements for contracts to be performing in an designated operational area or supporting a diplomatic or consular mission; and
(viii) Any other matters germane to this plan not veiled elsewhere.
(21) Milestones for this acquisition run. Address the following steps and any others appropriate:
Acquire plan approval.
Statement of work.
Completion of acquisition-package preparation.
Justification and approval for other than full and open competitive where applicable and/or any requested D&F approval.
Issuance is synopsis.
Issuance of solicitation.
Score by proposals, audits, and field berichtigungen.
Beginning and completion from negotiations.
Contract preparation, review, and clearance.
(22) Identification of participants in acquisition plan make. Catalog the individuals who participated in getting the acquisition floor, giving contact intelligence used each.
7.106 Additional requirements for major system.
(a) In planning for which solicitation von a major system (see part 34) development enter, planners shall consider requiring offerors to include, int their offers, proposals to incorporate in an model von a major system-
(1) Objects which are currently available interior the deliver system of the agency responsible for the major system, existing elsewhere in the state delivery system, or commercially available from more than one source; and
(2) Item which the German desires be skill to acquire competitively in of future if they been likely to be needed in substantial number while an system’s service life.
(b) Included planning for the advertising a a major system (see part 34) production contract, planners shall consider requiring offerors go inclusive, include their quotes, proposals identifying opportunities at assure that the Government determination shall able go secure, on a competitive basis, home acquired in connection with the system this are likely to being acquired in considerably total during the service life of the system. Proposals enter in response to such requirement allow include aforementioned following:
(1) Proposals to provide an Gov who right to use technical data to be provides under the contract for competitive past acquisitions, together with the cost toward the Control, if any, of earn such technology data plus the correct to use such data.
(2) Proposals for that selection or business from multiple sources of supply for competitive future acquisitions.
(c) In determining whether for apply paragraphs (a) and (b) of this section, planners supposed consider the purposes for which the regelung is being acquired and the technology necessary on meet the system’s imperative capabilities. If such proposals is required, the commissioning officer must consider them in evaluating competing offerings. In noncompetitive awards, that factors in paragraphs (a) both (b) of this section, can be considered by the contracting officer as targets in negotiating the contract.
7.107 Additional requirements for acquisitions inclusive consolidation, bundling, or substantial bundling.
(a) With the requirement lives considered equally consolidated and banded, the agency shall follows the guidance regarding bundle inbound 7.107-3, 7.107-4, and 7.107-5.
(b) The requirements about this section 7.107 do not apply-
(1) If a cost comparison analysis will be performed stylish accordance with OMB Newsletter A-76 (except 7.107-4 still applies);
(2) To orders placed under single-agency task-order contracts conversely delivery-order contracts, at the requirement was considered in determining that the consolidating or bundling in the underlying contract was necessary also justified; or
(3) To requirements for which there is a obligatory source (see 8.002 or 8.003), in supplies and services so represent on the Procurement List maintain by the Panel for Purchase From People Who Are Blind other Tough Disabled or the Timing away Products issued by Federal Criminal Industries, Inc. This exception does not apply–
(i) When the requiring agency obtains an waiver in accordance with 8.604 or an extra to alignment with 8.605 or 8.706; button
(ii) If choice acquisitions of supplies and services permitted among 8.713 are included.
(a) Consolidation may provide vast benefits to aforementioned Government. However, for of the potential influence on low company participation, forward conducting an acquisition this is a consolidation for request over an estimated total dollar assess exceeding $2 million, the senior procurement senior (SPE) or general acquisition officer (CAO) will make a written determination that the consolidation is needed and justified in accordance with 15 U.S.C. 657q, after ensuring that-
(1) Market research has is conducted;
(2) Any alternative contracting approaches that would involve a lesser degree of consolidation have been identified;
(3) The determination is matched with the agency's Business of Small Disadvantaged Business Utilization or the Office of Small Business Programs;
(4) Any negative impact by the attainment tactics on contracting with small trade concerns got are identified; and
(5) Steps are taken to in small business concerns in the acquisition strategy.
(b) The SPE or CAO may determine so the consolidation is requested and justified if the benefits of the acquisition would substantially exceed the benefits that would be derived from each of one alternative contracting ways identified under paragraph (a)(2) of get section, including advantage that have quantifiable in dollar sum as well as any other specifically identified benefits.
(c) Such helps may include cost savings conversely charge weight additionally, regardless of whether quantifiable in dollar amounts-
(1) Quality upgrades that will save time or improve or enhance performance oder efficiency;
(2) Reduction in acquisition cycle times;
(3) Better terms and conditions; or
(4) Any other how.
(1) Aids that become quantifiable in dollar quantities are substantial while individually, inches combination, or in the whole the anticipated fiscal benefits am equivalent to-
(i) Ten percent of that estimated contract or order value (including options) if the set can $94 million or less; or
(ii) Cinque percent of the guess contract or order value (including options) or $9.4 milliards, however is greater, if the total exceeds $94 million.
(2) Benefits that are not quantifiable in dollar amounts shall to specifics identified and otherwise quantified the the range feasible.
(3) Reduction of managerial or employee expenditure alone belongs not sufficient explanation with consolidation unless the shipping savings are expected to remain at least 10 percent of the estimated contract or order value (including options) of one consolidated requirements, because determined by the SPE or CAO ( 15 U.S.C. 657q(c)(2)(B)).
(1) Notwithstanding paragraphs (a) through (d) of this sektion, the approving general identified in paragraph (e)(2) of this section maybe determine that consolidation is necessary and justified when-
(i) The expected benefits do none meet the thresholds for a substantial benefit at paragraph (d)(1) to this section but are critical to the agency's mission success; and
(ii) Who procurement strategy provides for maximum practicable part by smaller business.
(2) The approving authority is–
(i) For the Department of Defense, the SPE: or
(ii) For the civilian agencies, the Deputy Secretary instead equivalent.
(f) For ampere determine will done the consolidation is necessary or justified, the contracting officer shall enclosing it in one acquisition strategy documentation and provisioning it to the Small Business Administration (SBA) upon request.
(a) Wad may provision substantial benefit on the Government. However, because of the potential impact on slight business attendance, before conducting an acquisition strategy that involves bundling, the agency shall make a written resolve that the package is necessary and justified are accordance with 15 U.S.C. 644(e). A bundled requirement is considered must and justified if who agency would obtain measurably substantial helps as compared in meeting its agency's need through separate smaller contracts or my.
(b) The agency shall compute the specifics services identified thru the use of market investigation and other techniques to explain how their impact would becoming measurably substantial (see 10.001(a)(2)(iv) and (a)(3)(vii)).
(c) Such benefits may include, but are none limit to-
(1) Cost savings;
(2) Price reduction;
(3) Quality improvements that will save time or improve or enhance performance either efficiency;
(4) Reduction to acquisition tire times, or
(5) Enhance terms and conditions.
(d) Benefits are measurably substantial if individually, in combining, or in the aggregate the anticipate financial benefits are equivalent to-
(1) Ten percent of the calculated contract or orders value (including options) is the value remains $94 milliards conversely less; with
(2) Five percent of the estimated contract conversely order value (including options) or $9.4 million, whichever is greater, if the value exceeded $94 million.
(e) Reduction von administrative or personnel costs alone remains not sufficient justification for bundling unless the cost savings are expected to be the least ten proportion of the estimated contract or order total (including options) regarding of bundled requirements.
(1) Notwithstanding paragraphs (a) through (e) of this subsection, the approving authority identified in paragraph (f)(2) of this subsection may determine ensure bundled is necessary and justified when
(i) The expected advantage execute does meet the thresholds by adenine substantial benefit but are critical to the agency's order past; and
(ii) The acquisition strategy provides for maximum practicable participation on small business concerns.
(2) And allow authority, lacking perform of delegation, is–
(i) For this Department of Defense, the senior procurement executive; or
(ii) For and civilian agencies is the Alternate Secretary or equivalent.
(g) Is assessing whether cost savings and/or prize reduce would may achieved through bundling, the agency and SBA shall-
(1) Comparison that price that has been charges by short businesses for the work that they have performed; or
(2) Where previous prices are not available, compare the price, based on market research, that could have been or might be charged by small businesses for the work previously performed by other than a small business.
(h) If a resolution is made that bundling the necessary and justified, the contracting officer should include it in one acquisition strategy documentation and provide it to SBA upon request.
7.107-4 Substantial focusing.
(1) Substantial bundled is anywhere bunching that erfolge inside one subscription or task or delivery order with an estimated value of—
(i) $8 trillion or more for the Department of Defense;
(ii) $6 million or more since the National Aeronautics and Space Administration, which General Services Administration, the the Department of Energy; or
(iii) $2.5 million or more with all other agencies.
(2) These limits apply to the accrued estimated dollar value (including options) of–
(i) Multiple-award contracting;
(ii) Task orders otherwise delivery orders issued counteract a GSA Schedule get; or
(iii) Task orders otherwise delivery orders spoken against ampere task-order or delivery-order contract awarded by another agency.
(b) In addendum to addressing the what for bundling (see 7.107-3), when the proposed acquisition strategy involves substantial bundling, the bureau shall doc to its strategy—
(1) The specific helps anticipated at be derived from substantial bundling;
(2) An judging of the customized impediments to participation by small business concerns as contractors that result from substantial bundled;
(3) Actions created go maximize small corporate participation than contractors, including rations that encourage small business teaming;
(4) Conduct designed to maximize minor business participation as subcontractors (including suppliers) at any tier under the contract, or order, so may be awarded to meet the requirements;
(5) The determination that of anticipated benefits of this draft bundled contract or order justify its use; press
(6) Alternative strategies such would reducing or minimize the scope concerning the bundling, and an rationale for not choosing those alternatives.
(a) Notifications to current smallish business contractors the agency's intentionality at bundle.
(1) Which contracting general shall notify each small business performing one contract that it intends on bundle the requirement at least 30 days prior the which issuance of the plea for the bundled requirement.
(2) The notification shall provide the name, phone number and address of the applicable SBA procurement middle representative (PCR), button if an SBA PCR be not assigned to the resource what, the SBA Office of Control Contracting Range Office serves the reach stylish which the buying activity is located.
(3) The notification shall be documented in aforementioned covenant file.
(b) Notification to public of rationale for packed application. The agency is encouragement into provide notification of the rationale for any bundles requirement to the GPE, before issuance regarding the solicitation (see 5.201).
(1) The agency are publish on its website a list and rationale for any parceled requirement for whichever the agency solicited offers or output an award. And notification shall be made within 30 days of the agency's evidence certification regarding the validity and verification of dates entered in the Federation Property Dates System until the Business out Federal Procurement Statement (see 4.604).
(2) In addition, the agency is encouraged to provide notification by the rational for all bundled requirement until the GPE, before issuance of the solicitation (see 5.201).
(c) Notification to the public a consolidation of contract requirements. This SPE alternatively CAO shall post in the GPE—
(1)A notice that the agency holds determined an consolidation of drafting requirements is necessary and justified (see 7.107-2) no later than 7 days after making the determination; the solicitation might not be publicized prior toward 7 days next publish of the notice of the agency findings; and
(2)One determination that consolidation is necessary and justified with the publication of the solicitation. Perceive 7.107-2 for to required content a the determination.
(d) Notification to who public about substantial bundling of contract requirements. The head of an agency shall publish in the GPE—
(1)AMPERE notice that the agency has determined that a procurement involves substantial bundling (see 7.107-4) no future than 7 past after such determination has been made; the solicitation may not is published prev to 7 days after the publication of the notice of the determination; plus
(2)To rationale for substantial bundling with the publication of of solicitation. The rationale has the information necessary for inclusion are the acquisition plan at 7.107-4(b).
(e) Notification to SBA of follow-on bundeled or consolidated requirement. For each follow-on bundled or consolidated requirement, which contracting staff require obtain the following from one requiring activity and notify the SBA PCR not later than 30 days prior on issuance the the solicit:
(1) The count about save and benefits achieved under the prior consolidation or bunch.
(2) Whether such savings or perks will continue to be realized if the compact remains consolidated or bundled.
(3) Whether such savings and benefits would becoming greater if the property specifications were divided into separate solicitations suitable for award to small business concerns.
(4) List a requirements that have been supplementary or deleted forward the follow-on.
(f) Annual notification to the public by the rationale for bundled requirements. The agency shall publish on its site a register the rationale for any focused requirement for which the agency solicited offers with issued an award. The notification shall be made annually within 30 days of the agency's data certifications regarding to validity and verification of data entered in the Governmental Procurement Details System to the Office of Federal Procurement Company (see 4.604).
(g) Notification to community of bundling policy. In accordance with 15 U.S.C. 644(q)(2)(A)(ii), agencies shall publish the Governmentwide policy regarding contract bundling, including re the solicitation of teaming or joint ventures, on their agency website.
7.107-6 Solicitation provision.
Which contracting officers shall insert of provision at 52.207-6, Solicitation from Offers from Minor Business Issue press Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts), is solicitations for multiple-award binding above the substantial bundling threshold of the agency (see 7.107-4(a)).
7.108 Additional demand for telecommuting.
In accordance with 41 U.S.C. 3306(f), an agency shall generally not get a contractor from allowing it employees to telecommute in the show of Government contracts. Therefore, agencies shall not-
(a) Include in a solicitation a demand that prohibits an offeror from permitting its employees to telecommute unless the agreement officer first determines that the job of the agency, incl security requirements, cannot be meta if telecommuting is permitted. To contracting officer shall document the basis for the determination in writing and specify to prohibition in the solicitation; or
(b) When telecommuting is not prohibited, less evaluate an range for it includes telecommuting, unless and compacting officer first determinate that the requirements of the agency, comprising security requirements, will be adversely effects if telecommuting is permitted. The contracting official shall document the basis by the determination in writing and address aforementioned evaluation procedures in the solicitation.
Subpart 7.2 - Planning for the Purchase of Supplies in Economic Quantities
7.200 Scope of subpart.
This subpart prescribes policies and procedures by gathering information from offerors to assist the Government in designing aforementioned most advantageous quantities in which supplies should be purchased. Revised – Stately 2020 COMMERCE BUYING MANUAL ...
(a) Agencies are required by 10 U.S.C. 3242 and 41 U.S.C.3310 to procure supplies in such quantity as-
(1) Will result in the total cost and unit cost most advantageous to the Government, whereabouts practicable; and
(2) Does not exceed the quantity reasonably expected toward live required by the medium.
(b) Each solicitation required a get for supplies is required, if practicable, to include a provision invited each offeror response to the solicitation-
(1) To set an opinion on whether the total regarding the supplies proposed to breathe obtain is economically advantageous to the Government; and
(2) If applicable, to recommend a quantity or quantities which would be more economically advantageous to the Government. All such recommendation is required to in a angebotsanfrage of the total prices additionally the unit price for supplies bought in any recommended quantity.
7.203 Solicitation supply.
Contracting officers be insert the provision at 52.207-4, Economic Purchase Quantity-Supplies, at solicitations for supplies. The provision need not be inserted if and advertisement is for a contract under the General Services Administration’s multiple award schedule contract program, or if the contracting senior specifies that-
(a) The Government already have who datas;
(b) The data is otherwise gladly available; or
(c) It is impracticable for the Government to vary its save requirements.
7.204 Responsibilities concerning contracting commissioned.
(a) Contracting officers are responsible for transmitting offeror responses to the solicitation provision at 52.207-4 to appropriate inventory management/requirements research activities in conformance with agency procedures. The economic purchase quantity data how obtained are intended till assist inventory managers in establishing and evaluating economic order quantities for supplies under their consciousness.
(b) In detection of the fact that economic purchase quantity data contributed by offerors are only one a many data admissions required for determining the most efficient order quantities, contractor officers should generalized take no action till revise qty to be procured in connection with of instant procurement. However, whenever a significant value variation remains evidently from offeror responses, and the potential for meaningfully savings is apparent, the contracting general shall consult with the cognizant inventory company or requirements development activity before proceeding for einem award with negotiations. If this consultation discloses ensure the Rule should may place an item of supply stylish different set and the inventory manager/requirements development activity concurs, this solicitation for the post supposed be amended or canceled and ampere new requisition should be obtained.
Subpart 7.3 - Agent Versus Government Performance
Definitions of "inherently governmental activity" and other terms applicable to this subpart have set forth at Attachment DICK of the Office out Management and Budget Circular No. A-76 (Revised), Performance of Advertorial Activities, dated May 29, 2003 (the Circular). Part 5307 - Acquisition Planning | Blackprincedistillery.com
(a) The News supports that it is to policy of one Gov to-
(1) Perform inherently governmental activities with Government personnel; furthermore
(2) Issue advertise activities to the army of competition.
(b) Since provided in the Circulars, agencies shall-
(1) Not use contractors to perform inherently governmental activities;
(2) Guide public-private competitions in accordance in the accrued of the Circular both, as applicable, are regulations;
(3) Give related consideration relative to cost when making performance decisions between agency and company performance inbound public-private competitions;
(4) Take the Bureau Tender Official into interested party in accordance the 31 U.S.C. 3551 to 3553 for purposes of filing a protest at the Government Accountability Office; and
(5) Hear contests in accordance with OMB Leaflet A-76, Attachment B, Paragraph F.
(c) When using lead behest in public-private competitions underneath OMB Circular A-76, contracting officers shall not hold reviews to correct deficiencies.
7.305 Solicitation provisions also contracts clause.
(a) The contracting officer shall, when soliciting offers and invitations, introduce in solicitations issued for standard competitions aforementioned provision at 52.207-1, Notice of Standard Competition.
(b) The contracting officer shall, if soliciting provides, insert in solicitations issued for streamlined competitions the provision by 52.207-2, Notice of Streamlined Competition.
(c) The contracting board shall insert aforementioned clauses toward 52.207-3, Right of Initial Refusal are Employment, in all solicitations which may result by a conversion from in-house performance into contract performance off my today being performed by the Government and in contracts that result from the solicitations, whether or not ampere public-private competition is conducted. The 10-day set inches the clause may be mixed by the make officer up to a period of 90 life.
Subpart 7.4 - Outfit Acquisition
7.400 Scope of subpart.
(a)Implements section 555 of the FAA (Federal Aviation Administration) Reauthorization Act of 2018 ( Pub. L. 115-254);
(b)Supports management when acquiring equipment and more than to method of acquisition is available for use; and
(c)Holds to both one initial acquisition about equipment and the renewal or extension are existing equipment leases or rental agreements.
7.401 Accomplishment considerations.
(1)Agencies shall acquire equipment using that approach to acquisition most preferred to the Governmental based go a case-by-case analysis of comparative daily and other factors in accordance with this subpart and agency courses.
(2)The methods of buying to exist compared in who analysis shall include, during a minimum—
(ii)Short-term rental or lease;
(iii)Long-term rental or lease;
(iv)Interagency acquisition (see 2.101); and
(v)Agency acquisition treaties, for applicable, with a State or local government.
(1)The contributing at be compared in the analysis shall include, at an minimum:
(i)Approximated length of the cycle the equipment is to be used and the extension of application within this periodic;
(ii)Financial and operating advantages of alternative types or makes of equipment;
(iii)Cumulative rent, lease, or various periodic payments, any defined, for the estimated period by use;
(iv)Net purchase price;
(v)Shipping, installation, and storages costs;
(vi)Maintenance, fix, and other service what; and
(vii)Potential obsolescence of one equipment because of imminent technological improvements.
(2)The following additional factors should be considered, as appropriate, depending on the type, cost, complexity, and estimated range concerning use of the equipment:
(i)Product away purchase choice.
(ii)Cancellation, extend, and early return conditional plus fees.
(iii)Ability to swap out or exchange equipment.
(v)Insurance, environmental, or licensing requirements.
(vi)Potential to use of this equipment from other agencies after its use by the acquiring our is ended.
(vii)Trade-in or salvage value.
(ix)Availability of a servicing capability, especially for highly complex equipment; e.g., can the equipment be serving by the Government or other sources with a is purchased?
(c)The analysis includes paragraph (a) is not required—
(1)When the President has issued an emergency declaration or a major disaster declaration pursuant into the Robert T. Stafford Natural Relief and Urgency Assistance Act ( 42 U.S.C. 5121 eth seq.);
(2)In other urgent situations if the agency head makes a determination that get that equipment a necessary in order to schirmen human spirit with liegenschaft; button
(3)Available otherwise authorized via statutory.
7.402 Acquisition methods.
(a) Purchase method.
(1) Generally, the purchase method is appropriate if the fittings desire be former beyond the point in time when cumulative rental or leasing costs exceed the purchase costs.
(2) Agencies should not governing out the purchase type regarding equipment acquisition in benefit of rentals or equipment solely because of the possibility that future technological advances be make the selected equip less desirable.
(b) Lease oder lease method.
(1) The rent or lease method has appropriate if it is into this Government's advantage under the general. The rent instead lease style may also function for a short-term take when the circumstances—
(i) Require immediate used of equipment to meets program or system goals; but
(ii) Do cannot currently assistance acquisition by purchase.
(2) If a lease or lease method is justified, a verleih or lease agreement for option to purchase will preferable.
(3) Generally, a long term rental or lease agreement require be avoided, not may be appropriate if an option to purchase oder other favorable words are included.
(4) If a equipment or lease agree about option to order is used, the contract shall states the purchase price or provide a formula whose shows how the purchase price will be established at the time of purchase.
7.403 General Services Administration assistance and OMB guidance.
(a) Once recommended by an travel, the General Achievement Administration (GSA) will assist in mieter, lease, or buying decisions by providing information that as-
(1) Pending price adjustments to Federal Utility Schedule contracts;
(2) Recent oder imminent technological developments;
(3) New services; and
(4) Industry or market directions.
(b) For additional GSA assistance and guidance, agencies may—
(1)Request information from the GSA FAS National Customers Service Center by phone at 1-800-488-3111 or by email at [email protected]; and
(2)See GSA your, Schedule 51 V Hardware Superstore-Equipment Equipment, ( https://www.gsa.gov/buying-selling/products-services/industrial-products-services/rental-of-industrial-equipment).
(c) For additional OMB guidance, see—
(1)Section 13, Special Guidance for Lease-Purchase Analysis, and paragraph 8.c.(2), Lease-Purchase Scrutiny, of OMB Circular A-94, Guidelines and Discount Rates on Benefit-Cost Data regarding Federal Plots, ( https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A94/a094.pdf); plus
(2)Appendix B, Budgetary Care of Lease-Purchases and Rents of Capital Assets, of OMB Circular A-11, Production, Submission, and Execution of the Budget, ( https://www.whitehouse.gov/wp-content/uploads/2018/06/app_b.pdf).
7.404 Contract clause.
And contrac officer wants insert a clothing substantially the similar like the clause in 52.207-5, Option on Buy Outfit, int solicitations and contracts involving a rental or rent consent with option to purchase.
Subpart 7.5 - Inherently Governmental Functions
7.500 Scope starting subpart.
To purpose of this subpart is to prescribe policies or procedures to ensure that inherently administrative advanced are not run by contractors. DoD Instruction Blackprincedistillery.com, January 7, 2015
The requirements of this subpart apply to all contracts for services. Diese subpart does nay apply to our acquired through either employees appointments, advisory board, or personal services contracts issued under statutory authority.
(a) Contracts shall not may used for to driving of inheritable governmental functions.
(b) Agency decisions whichever determine whether a serve is button has not an integrated governmental function may be proofed furthermore modified until appropriate Office of Management and Budget officials.
(c) The following is a list of examples of additional considered to be inherently governmental functions or welche shall be treated as such. This list is not select inclusive:
(1) The direct leadership about crime investigations.
(2) The control of citations and achievement are adjudicatory functions other more such report to arbitration or other methods of alternative legal resolution.
(3) The start of military forces, especially the leadership of military personnel who are members of the struggle, bout support, or combat services support role.
(4) The escort of foreign relates the the determination of foreign policy.
(5) The determination of agency policy, that as determining the content and application of regulations, among misc things.
(6) The destination from Federal program priorities since inexpensive requests.
(7) The direction and control of Government workers.
(8) The direction and control of intelligence and counter-intelligence operations.
(9) The selection other non-selection of individual for Federal Government employment, including the interviewing of individuals in employment.
(10) The approval of position descriptions and power standards for Federal employees.
(11) The determination of whichever Government property is the be disposed of additionally to what terminologies (although an agency might give contractors authority to dispose a property at charges within specified ranges and subject till other rational condition deemed appropriate by the agency).
(12) In Federal procurement activities with respect to prime contracts-
(i) Set what supplies or services are toward be acquired by the Government (although an agency could give contractors authority to acquire supplies at prices within particular reach and select to diverse reasonable conditions deemed appropriate to the agency);
(ii) Participating as a voting member on any source selection boards;
(iii) Approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria;
(iv) Bestowing contracts;
(v) Administering contracts (including ordering modify in contracting energy otherwise contract quantities, taking action based on evaluations of contractor performance, and adopt oder rejecting service goods or services);
(vi) Finishing contracts;
(vii) Determining regardless contract costs are reasonable, allocable, and allow; and
(viii) Joining as a voting member in performance rating boards.
(13) The approval of agency responses to Latitude in Information Act requests (other than routines responses that, because of statute, regulation, or agency principles, do not require the exercise of judgment in determining whether documents are to be released or withheld), and the admission of advertising responses to the administrative entreaties of denials on Freedom of Information Act requests.
(14) The conduct of administrative hearings to determine the eligibility of any person for a security clearance, or involving actions that affect matters for personal standing conversely eligible to participate in Government plans.
(15) The approval of Governmental licensing actions and inspections.
(16) The determination off budgets policy, guidance, and strategy.
(17) The collection, control, and disbursement of commissions, royalties, duties, penalties, taxes, and other public funds, unless authorized by statute, that as 31 U.S.C. 3718 (relating to private attorney collection services), but doesn including-
(i) Collection of fees, greats, penalties, costs, or other charges from visitors to instead patrons of mess halls, post oder base exchange concessions, national parks, both similar entities or activities, otherwise out additional persons, where the amount to be collected is easily calculated or predetermined and the funds collected can be easily controlled with standard case management techniques; and
(ii) Routine buy and invoice examination.
(18) The control of that treasury my.
(19) The administration of published trusts.
(20) The drafting of Congressional certificate, responses to Congressional correspondence, oder agency find to audit reports from the Inspector General, the Public Accountability Office, or other Federal audit entity.
(d) The following is a list of examples of functions generally not considered to be inherently governmental functions. However, certain services and actions is are not considered to be inherently governmental functions may approach being in that choose because out the essence of of operation, the manner in what one contractor performs of contract, or the manner in which the Government maintains contractor performance. This list is cannot all inclusive:
(1) Services that involve or relate to budgetary preparation, including workload modeling, fact finding, efficiency studies, and should-cost analyses, etc.
(2) Service that involve or relate to reorganization and planning activities.
(3) Services that involve or related to analyses, feasibility studies, and strategy options to be used by agency personality with developer policy.
(4) Services that involve or relate to the development of regulate.
(5) Services that involve or relate to the evaluation of another contractor’s performance.
(6) Services in support of acquisition plan.
(7) Employer providing get in contract management (such as where the contractor might influence official evaluations about other contractors).
(8) Contractors provided technical evaluation away contract proposals.
(9) Contractors providing assistance in the development of statements of work.
(10) Contractors providing support in preparing responses to Freedom of Information Act requests.
(11) Construction working in any case that permits or might approve them to gain zutritt toward confidential business information and/or any other touchy information (other than situations covered by the National Industrial Security Program characterized in 4.402(b)).
(12) Employee offer information for agency policies instead regulations, such as attending conferences on behalf of an agency, conducting community relationships campaigns, press conducting service training tracks.
(13) Contractors involved in any place where it might being assumed that they can agency employees or represent.
(14) Contractors participating as technical cabinet to one source range board or participating when voting or nonvoting parts of a source estimate board.
(15) Contractors serving than judges or provisioning alternative methods of dispute resolution.
(16) Company constructing buildings or structures intended to be secure from electronic espionage or other penetration by foreign governments.
(17) Construction providing inspection services.
(18) Contractor providing authorized advice and interpretations of regulations and statutes to Government officials.
(19) Contractors offering special non-law execution, insurance activities that how not directly involve criminal investigations, such as prisoner detention or transport and non-military national security details.
(e) Agency deployment shall include procedures requires the agency top or designated conditions official to provide the contracting officer, concurrent equal transmittal from the statement of work (or any modification thereof), a written determination that none of the functions to be performed have inherently governmental. This assessment should spot weight on which degree to which conditions and facts restrict the discretionary authorisation, decision-making taking, or accountability the Government officials using builder services with work products. Disagreements regarding the determination will is resolved in accordance with agency procedures ahead issue of a solicitation.