SUBPART 53.90 – FORMATS AND TEMPLATES

(Revised June 9, 2021 through PROCLTR 2021-11)

53.9001 Appointment of ordering officer.

(a) As prescribed in 1.603-3-91 (c)(2), use the following appointment letter for ordering officers:

Appointment of Ordering Officer

[Contracting officer insert IDC or BPA number and name of procuring organization]

1. Appointment. Under the authority of DLAD 1.603-3-91, you are hereby appointed as an Ordering Officer with authority as described in paragraph 2 below. Your appointment is effective on [ contracting officer insert date ]. This appointment automatically terminates when the Indefinite Delivery Contract (IDC) or Blanket Purchase Agreement (BPA) is completed. Your appointment may also be terminated in accordance with paragraph 4 below.

2. Authority, Limitations, and Requirements. Your ordering authority is only applicable to [ contracting officer insert IDC or BPA number ]. Your appointment is subject to the following limitations and requirements:

a. You are not authorized to—

(1) Delegate your ordering authority.

(2) Place an order for supplies or services not expressly within the scope of the IDC or BPA.

(3) Take any action that could be considered an alteration of the terms and conditions of the IDC or BPA in any way, either directly or by implication.

(4) Take any action that could be considered a termination of the IDC or BPA in any way, either directly or by implication.

(5) Issue modifications to the IDC, BPA, or individual orders.

(6) Issue instructions to the contractor to start or stop work.

(8) Additional limitations: [contracting officer insert if applicable].

b. You shall—

(1) Place orders for supplies or services only when expressly within the scope of the IDC or BPA.

(2) Promptly notify me if you recommend increasing the quantity or dollar value or extending the ordering period to meet emergency requirements, if the contract terms and conditions permit.

(3) Establish and maintain an official ordering officer file for each IDC and BPA for which you are authorized as an ordering officer. At a minimum, you shall include in each file the appointment letter and a spreadsheet listing all orders issued by you.

(4) Provide the list of orders to me by the [ contracting officer insert ] day of each month.

(5) Additional requirements: [contracting officer insert if applicable].

3. Standards of Conduct and Contracting Action Reporting Requirements.

a. You shall comply with the standards of conduct prescribed in DoD Directive 5500.07, Standards of Conduct, and DoD 5000.07-R, The Joint Ethics Regulation (JER), and FAR Subparts 3.1 and 3.2.

b. You shall provide me information required for contracting action reporting purposes in the manner and the time specified. (Refer to DFARS 204.6.)

4. Termination of Appointment.

a. Your appointment may be terminated at any time and shall be terminated in writing; except that your appointment is automatically terminated when the contract is completed or when you leave Government employment.

b. If you are separated from Government service while this appointment is in effect, you shall promptly notify me in writing. Your appointment shall automatically be terminated on the date you are separated from Government service.

c. If you are reassigned from your present position while this appointment is in effect, you shall promptly notify me in writing. I will terminate your appointment in writing if you are reassigned to a location or position that is inconsistent with continuing as an ordering officer under this appointment.

d. Your appointment will be terminated if—

(1) You exceed or fail to perform within the appointment authority.

(2) You fail to complete assigned corrective actions noted during oversight reviews.

5. Disposition of completed ordering officer files. Upon completion of the IDC or BPA, you shall provide me any hard copy records you maintained. If your appointment is terminated before IDC or BPA completion, you shall provide the records to me and your successor.

6. Acknowledgement of Receipt. You are required to acknowledge receipt and understanding of this appointment by signing below. Return a copy of the signed appointment letter to me.

(contracting officer insert)

Contracting Officer Name

Contracting Officer Signature

Date

(ordering officer insert)

Ordering Officer Name

Ordering Officer Signature

Date

53.9007 Acquisition planning.

(a) Template - Streamlined Acquisition Plan (SAP).

The following format may be used as prescribed in 7.103 Agency–head responsibilities. (d)(i)(B). This Streamlined Acquisition Plan (SAP) format is for illustration purposes only. It mirrors the fillable version in the contract writing system.

Source Selection Information -- See FAR 2.101 and 3.104

Streamlined Acquisition Plan (SAP)

(Complete and select the box that is appropriate for the acquisition situation)

Date:

Contracting office: Contracting officer name:

Requiring activity: Voice (DSN):

Project title: Fax (DSN):

Supply criticality:

Contracting officer’s e-mail address:

Purchase request (PR) or control number:

Construction Service Supply Research and development (R&D)

a. Product Service Code: (Specify for services)

b. Services Portfolio Category: (Specify for services)

I. Brief description of requirement (FAR 7.105(a)(1))

a. Government estimate: $ (include all options and surge values)

b. Period of performance (include options)

c. Delivery schedule:

II. Proposed acquisition approach

Extent of competition:

Full and open competition

Other than full and open competition* * FAR 6.3 authority (Specify):

Full and open after exclusion of sources

Competitive non-DoD

Source Selection Information -- See FAR 2.101 and 3.104

Mandatory use policy, including waivers (e.g., under Part 8)

Limited sources (e.g. under Part 8.405-6):

b. Small business set-aside: (See FAR Part 19)

Competitive small business set-aside (SBSA)

Competitive 8a Sole source 8a

Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside

SDVOSB sole source

Historically underutilized business zone (HubZone) Sole Source

HubZone set-aside

Small disadvantaged women owned business (SDWOB)

Economically disadvantaged women owned small business (EDWOSB)

Historically Black colleges and universities / minority institutions (HBCU/MI)

Not applicable (NA) (If acquisition is unrestricted)

Other (Specify):

c. Procedures: (Check all that apply)

FAR 8.404 (GSA/Non-DoD Competitive) FAR 12 Commercial Items

FAR 13 Simplified Acquisition Procedures FAR 14 Sealed Bidding

FAR 15 Negotiation FAR 36 Construction and Architect and Engineer (A&E) and design build

d. Contracting method

Invitation for bid (IFB)

Competitive request for proposal (RFP)

Sole source RFP

Other (fill-in)

e.Basis of award:

Sealed bid – Part 14

Negotiation – Part 15

Lowest price technically acceptable

Performance price trade-off without technical factors/proposal

Performance price trade-off with technical factors/proposal

Full trade off source selection (an acquisition plan is highly recommended)

General Services Administration (GSA)/non-DoD competitive

Other (explain):

Identify evaluation factors:

Source Selection Information -- See FAR 2.101 and 3.104

f. Contract type (Check all that apply):

Fixed-price Time and material/labor hour agreements Economic price adjustment

Incentive Award fee Cost-reimbursement Redetermination

Indefinite delivery contract (IDC) Multiply Award

Single Award (Provide rationale why single award)

Other (Specify):

g. Sustainability:

Contains sustainability requirements.

Sustainability exception applies: (Specify)

Sustainability requirements waived, approved by: (Specify)

h. Other considerations (Check all that apply):

Progress payment Warranty First article test (FAT)

Government furnished property(GFP) / Government furnished material (GFM) / Government furnished equipment (GFE) involved

Other (specify). Other items/considerations may include, Non-Economy Act or Economy Act assisted acquisitions and use of reverse auction)

III. Prior procurement history: (If applicable)

IV. Market research: (Discuss the purpose, nature, extent, involved personnel/offices and results/status, commerciality, and estimated completion date of any market research initiated/to be initiated in support of the instant purchase request or anticipated future requirements (see also FAR, DFARS, and DLAD Parts 10, 11)

V. Problems /risk/vulnerabilities (See FAR 7.105 and DFARS PGI 207.105)

VI. Projected key milestone dates:

Receive purchase request (PR):

Issue solicitation:

Receive bids/offers:

Complete evaluations:

Award contract:

Contract start:

Contracting Officer Name and SignatureDate

VII. Approvals:

Source Selection Information -- See FAR 2.101 and 3.104

**The following section is to be completed by reviewer/approving official.**

Reviewer’s name: Reviewer’s DSN/ phone number:

Reviewer’s e-mail:

Streamlined acquisition plan (SAP) approved as submitted

SAP conditionally approved subject to comments below

SAP disapproved (reviewers are required to include comments below)

Requirement has been reviewed and validated by (specify):

Reviewer’s comments:

Reviewer’s signature: ______________________

** The following section is to be completed by the small business specialist when required**

Small business specialist coordination _____________________________

Small business specialist's comments:

** The following section is to be completed by the competition advocate when required**

Competition Advocate coordination _____________________________

Competition advocate’s comments:

53.9012 Acquisition of Commercial Products and Commercial Services.

(a) Market Research for Commerciality Determination Memorandum (MRCDM). The contracting officer shall use the MRCDM format as prescribed in 12.102(a)(S-91). If a prior CID cannot be located in the DoD Commercial Item Database, the current contracting officer must ensure a CID (e.g. MRCDM) is uploaded to the database. The uploaded memorandum cannot contain any CUI (see DFARS PGI 212.102(a)(iii)(C)). The contracting officer who creates a document is responsible for determining if it contains CUI, and whether any redactions may be necessary (see DLAD PGI 53.9000). This Market Research for Commerciality Determination Memorandum (MRCDM) format is for illustration purposes only. It mirrors the fillable version in the contract writing system.

MEMORANDUM FOR RECORD

SUBJECT: Market Research for Commerciality Determination Memorandum (MRCDM).

(FAR10.002, FAR 2.101, FAR 12.101, DFARS 212.102, DFARS PGI 212.102, and DLAD 12.102

Market research has been conducted prior to solicitation:

Solicitation #: (contracting officer insert). NSN(s)[/P/N(s)] (if applicable): (contracting officer insert).

Item/Requirement Description: (contracting officer insert).

PR#: (contracting officer insert).]

( ) Current CID was made by a DCMA or Military Service contracting officer; memorandum provided to DLA contracting officer is attached (proceed to Part III if checked). The DCMA or Military Service contracting officer making the determination is responsible for uploading the memorandum to the DoD Commercial Item Database.

( ) Queried DoD Commercial Item Database for same product or service:

( ) No prior CID was located

( ) A prior CID was located (fill-in below information); proceed to Part III if checked.

Date of CID: ________________

Name of Contracting Officer: __________________

Contracting Officer email: __________________

( ) Identified other evidence that FAR part 12 procedures were previously used to acquire the same product or service. Check relevant box below and proceed to Part III.

( ) MRCD memorandum (provide contracting officer and date of CID .)

( ) Prior FAR part 12 contract (provide contract #, award date and contracting officer.) Any prior contract that relied on DFARS 212.102(a)(i)(B) as basis for utilizing FAR part 12 procedures cannot serve as a prior CID.

( ) Current PR trailer contains a statement or code as evidence of a prior CID.]

PART I

In accordance with FAR 10.002(b) and FAR 2.101, Definitions, the cognizant functional element of the procuring organization has conducted a review of the item description(s) to determine if commercial products or commercial services or non-developmental items are available to meet the government’s needs or could be modified to meet the government’s needs. The reviewer(s) considered the following:

a. Whether products or services are of a type customarily available in the commercial marketplace; annotate evidence of actual sale, lease, or license to the general public, or evidence of products or services being offered for sale, lease or license to the general public: (contracting officer insert response)

b. Whether products are of a type customarily available in the commercial marketplace with modifications; annotate evidence of actual sale, lease, or license to the general public and type of modification: (contracting officer insert response)

c. Whether products are used exclusively for governmental purposes; annotate evidence that the products were (1) developed exclusively at private expense, and (2) sold competitively in substantial quantities to multiple state and local governments: (contracting officer insert response)

d. Customary practices regarding customizing, modifying or tailoring of products to meet customers’ needs and associated costs; annotate evidence of customary availability of the modification in the commercial marketplace or the technical relationship between the modified products: (contracting officer insert response)

CUI

e. Customary practices, including warranty, buyer financing, discounts, contract type considering the nature and risk associated with the requirement, etc., under which commercial sales of the products or services are made: (contracting officer insert response)

f. The applicability of any laws and/or regulations unique to the products or services being acquired: (contracting officer insert response)

g. The availability of products that contain recovered materials and products that are energy efficient: (contracting officer insert response)

h. The distribution and support capabilities of potential suppliers, including alternative arrangements and cost estimates: (contracting officer insert response)

i. The size and status of potential sources: (contracting officer insert response)

j. Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions: (contracting officer insert response)

k. Whether existing contract solutions (including Best-In-Class (BIC) can be used to satisfy the requirement (IAW with Office of Management and Budget (OMB) Memorandum M-17-29): (contracting officer insert response)

PART II

Check one or more of the following, as applicable, to identify techniques the reviewer(s) used to conduct market research and determine commerciality:

a. ( ) Commercial-Off-the-Shelf field is coded “Y”;

b. ( ) If product or service has been coded in SAP as commercial but other than commercial practices are required (e.g., QCCs, packaging, etc.), the justification for the use of these practices has been entered in SAP in the internal comments field;

c. ( ) Contacted knowledgeable individuals in government and industry regarding market capabilities to meet requirements;

d. ( ) Published formal requests for information in appropriate technical or scientific journals or business publications;

CUI

e. ( ) Queried the Government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.fpds.gov and other government and commercial databases that provide information relevant to agency acquisitions;

f. ( ) Participated in interactive, on-line communication among industry, acquisition personnel, and customers;

g. ( ) Obtained source lists of similar products or services from other contracting activities, agencies, trade associations, or sources;

h. ( ) Reviewed the results of recent market research undertaken to meet similar or identical requirements;

i. ( ) Reviewed catalogs and other available product literature published, or provided on-line, by manufacturers, distributors, and dealers;

j. ( ) Conducted interchange meetings or held presolicitation conferences to involve potential offerors;

k. ( ) Queried the Central Contractor Registration (CCR) via the System for Award Management (SAM) for small business sources, as applicable. (See FAR/DFARS Part 4 for information on SAM)

l. ( ) Other

Provide supporting documentation (to include a review of the Material Master in SAP for applicable items) for any of the blocks above in c through l that have been checked in this part of the form.

( ) Documentation is located in the official contract file.

SUMMARY OF MARKET RESEARCH:

Contacted product specialist or other technical representative on: (contracting officer insert response)

Product specialist/technical representative provided market research with the requirement on:(contracting officer insert response)

Name of Product Specialist/Technical Representative: (contracting officer insert response)

Date: (contracting officer insert response)

Product specialist/technical representative provided concurrence:

( ) Yes. If “Yes,” has the Material Master been updated: (contracting officer insert response)

( ) No. If “No,” state reason for nonconcurrence and how resolved: (contracting officer insert response)

PART III

Check one of the following to indicate the type of contract:

( ) Firm Fixed Price (FFP)

( ) Fixed Price with Economic Price Adjustment (FP w/EPA)

( ) Time-and-Materials or Labor-Hour (see FAR 12.207 and DFARS 212.207)

NOTE: For acquisitions of commercial products or commercial services, the contracting officer may only award FFP or FP w/EPA type contracts, with limited exceptions.

PART IV

Check one of the following to indicate if consolidation or bundling applies:

( ) Consolidation (see attached report/determination)

( ) Bundling (see attached report/determination)

CONCLUSION:

Based on the market research conducted, product(s) or service(s) to be solicited against subject solicitation have been determined to be (check one of the following):

( ) Commercial

( ) Other than commercial

APPROVALS:

Name of Contracting Officer: (contracting officer insert response)

Signature: (contracting officer insert signature)

Date: (contracting officer insert date)]

[*]Name of Approving Official (One Level Above Contracting Officer): (contracting officer insert response)

Title: (contracting officer insert response)

Signature: (approving official insert signature)

Date: (approving official insert date)

[*](Applies when commercial product determination was based on subsections (1)(ii), (3), or (4) of the “commercial product” definition, or on subsection (2) of the commercial service definition at FAR 2.101

******

53.9013 Simplified acquisition procedures.

(a) Simplified Acquisition Award Documentation (SAAD).

Contracting officers at DLA Aviation, DLA Land and Maritime, and DLA Troop Support shall use the following format as prescribed in 13.106-3 Award and documentation. (b), 13.501 Special documentation requirements.(b) (3), and 15.406-1 Prenegotiation objectives.. (Mark “FOR OFFICIAL USE ONLY”, when applicable, at the bottom of the outside of the front cover (if there is one), the title page, the first page, and the outside of the back cover (if there is one) pursuant to DOD Manual 5200.1, Vol 4, Enclosure 3, 2.c.(3)(b).) This Simplified Acquisition Award Documentation (SAAD) format is for illustration purposes only. It mirrors the fillable version in the contract writing system.

CUI

Source Selection Information – See FAR 2.101 and 3.104

SIMPLIFIED ACQUISITION AWARD DOCUMENTATION (SAAD)

Last Updated JUN 2024

The SAAD documents Best Value, Price Reasonableness, and Responsibility determinations for this procurement.

Section A: Particulars Regarding this Procurement:

Buyer: (JML for Shipyards, PRON for DLRs)

PR#:

NSN (if applicable):

Item/Requirement Description:

Awardee CAGE Code:

Check all that apply and insert narrative when required:

☐ Procurement is a First Time Buy

☐ Commercial

☐ For non-competitive actions over $1M Contract Business Analysis Repository (CBAR) was checked IAW DLAD 15.404-1 Proposal analysis techniques.(a)(5)(S-90)

☐ Fast Pay (FAR 13.402(a)-(f))

☐ Special Emergency Procurement Authority (SEPA) Acquisition (FAR 18.001)

Narrative:

CUI Designation Indicator

Controlled by:

CUI Category: PROCURE (General Procurement)

Distribution/Dissemination Control: FED ONLY

POC:

Section B: Determination of Responsibility

Check all applicable blocks and complete Narrative when required:

☐ Contracting Officer confirmed whether contractor is on the Defense Contract Review List (DCRL) and followed applicable Treatment Codes.

Contracting Officer checked SAM.gov:

☐ Exclusion records after receipt of quotes or proposals IAW FAR 9.405(e)(1). Date SAM checked:

☐ Immediately prior to award IAW FAR 9.405(e)(4). Awardee is not debarred, suspended, or proposed for

suspension/debarment. Awardee is currently in SAM. Date SAM checked:

☐ Contracting Officer considered the awardee’s Supplier Performance Risk System (SPRS) Supplier Risk Assessment when determining responsibility IAW with DFARS 209.105-1. Date SPRS checked:

Narrative:

Section C: Best Value Tradeoff Determination

Required when using Best Value Tradeoff, including when using FAR 13.5 procedures, and awarding to other than the lowest priced offeror or other than the highest technically rated offeror or when other evaluation factors apply.

☐ Based on the evaluation factors stated within the solicitation, the proposed awardee’s quote is the best

value for the Government as set forth in the narrative below.

Narrative:

Micro-Purchase Award (only complete this section if award is at or below the micro-purchase threshold):

Section D: Limitation on Price Increases (DFARS 217.7505/DLAD 17.7505)

☐ Unit Price has not increased 51% or more within the past 12 months.

☐ Unit Price has increased 51% or more within the past 12 months. Contracting Officer has evaluated price and will notify HCA (or HCA’s designee) prior to award.

Section E: Price Reasonableness Determination - FAR 13.106-3(a), DLAD 13.106-3(a) & DLAD 15.406-3(a)(11)

Price is fair and reasonable in accordance with PRC selected below (check applicable block below AND complete Narrative at end of this section when applicable AND include supporting documentation as required).

First character of PRC: Contracting Officer fill-in box with first character of PRC to be assigned (i.e.,‘B’).

Second Character of PRC:

Check Box

Second Character of PRC

Definition

Is Narrative Required

☐

Adequate price competition from at least two manufacturers or providers of service.

Maybe

☐

Adequate price competition from at least two non-manufacturers.

Yes

☐

Current price list, catalog or advertised price.

Yes

☐

Market research

Yes

☐

Price set by law or regulation.

Maybe

☐

Cost analysis of offeror’s cost or pricing data combined with price analysis.

Yes

☐

Comparison to historical prices paid, whether by the Government or other than the Government, for same or similar items and prior price is a valid basis for comparison as supported by prior file documents.

Yes

☐

Independent Govt Estimate (IGE)

Maybe

☐

Data other than certified cost or pricing data, excluding cost data, submitted and no other analysis code applies (FAR 15.404-1(b)(2)).

Yes

☐

Price determined unreasonable. The KO was able to establish a fair and reasonable price objective, but negotiations were unsuccessful.

Requires approval at a level above the KO pursuant to FAR 15.405(d).

Yes

☐

Price could not be determined fair and reasonable. Requires approval level above the KO.

Yes

☐

KOs determination that prices are fair and reasonable under FAR 13.106-3(a)(2)(v) or FAR 13.203(a)(3). Used only for manual awards at or below the simplified acquisition threshold.

Yes

☐

_______

If a PRC selected used is not one of the above, please insert the character to the left and provide a Narrative.

Yes

Auto Buyer Assist - only use when awarding to Auto-Eval recommended awardee and Contracting Officer relied on automated pricing logic. Procurement did not drop for failing pricing evaluation; e.g.: auto reject codes of BO, CJ, HI, or NO.

Check Box

PRC

Definition

Is Narrative Required

Additional Information

☐

Buyer Assist only use when awarding to Auto-Eval recommended awardee. Contracting Officer relied on automated pricing logic.

Yes

Complete Narrative Block with the following: “Solicitation rejected from the Auto Evaluation program for: (within the ‘Narrative’, insert all failures codes and validations performed). KO determined the proposed award has passed the automated pricing logic and is considered fair and reasonable in accordance with FAR 13.106-3 (KO to insert applicable FAR reference). As a result, CAGE (________) is recommended for award.”

☐

Yes

Procurement was sent back through the auto program through the Buyer Assist process for award.

Narrative: Required IAW above table and for all first-time buys and significant price increases (e.g., Limitations of Price Increase (LOPI)), or requires an HCA notification. Must address price increase since last purchase along with any negotiations that were conducted):

The Contracting Officer’s signature on the award document constitutes evidence that the Contracting Officer has considered the issues listed and described above and arrived at the findings, determinations, and conclusions also enumerated above for the above-identified procurement.

END OF MICRO-PURCHASE AWARD DOCUMENT: DO NOT COMPLETE BALANCE OF DOCUMENT

Simplified Procedures Award (only complete this section if award exceeds micro-purchase threshold)

Section D: Limitation on Price Increases (DFARS 217.7505/DLAD 17.7505)

☐ Unit Price has not increased 25% or more within the past 12 months.

☐ Unit Price has increased 25% or more within the past 12 months. Contracting Officer has evaluated price and will notify HCA (or HCAs designee) prior to award.

Section E: Simplified Indefinite-Delivery Contract

☐ Simplified Indefinite-Delivery Contract (SIDC). The Contracting Officer established a guaranteed minimum (GM) quantity for the period of performance of the basic SIDC, recorded an obligation in the amount of the GM purchase requirement at time of award, and placed the EBS screen shot documenting the obligation in the contract file IAW DLAD 13.390(a)(2)(i).

Section F: Supplier Performance Risk System (SPRS) Considerations (DFARS 252.204-7024)

☐ Exempt: by DoDI 5000.79.

For the below risks, insert date SPRS was checked:

Item Risk

☐ End product or service material identifier not listed at DFARS PGI 204.7603.

☐ SPRS itemrisksearch performed prior to solicitation (manual solicitations only).

☐ SPRS item risk report returned no results.

☐ Item not identified as high risk in SPRS.

☐ SPRS identified as high risk item. Contracting Officer shall consider strategies at DFARS 204.7603(a)(2)(i-iii).

Price Risk

☐ End product or service material identifier not listed at DFARS PGI 204.7603.

☐ SPRS price risk report returned no results.

☐ Price within expected range per SPRS (within LCL and UCL plot lines on “Escalated Prices” graph).

☐ Price outside of expected range per SPRS (above UCL plot line or below LCL plot line on “Escalated Prices” graph). Contracting Officer shall consider strategies at DFARS 204.7603(b)(2)(i-iii).

Supplier Risk

☐ SPRS supplier risk report returned no results.

☐ Supplier not identified as high risk in SPRS.

☐ SPRS identified as high-risk supplier (document the file if supplier risk assessment is NOT considered in award decision).

Narrative: Address risk assessment (item, price, and contractor) outcomes as necessary to further explain impact of data on award decision. Follow local Records Management guidance when providing additional/supporting documentation, or state within narrative block below the location within the contract file.

Section G: Price Reasonableness Determination - FAR13.106-3(a), DLAD 13.106-3(a) & DLAD 15.406-3(a)(11)

Price is Fair and Reasonable in accordance with PRC inserted below (check applicable block below AND complete Narrative at end of this section when applicable AND include supporting documentation as required).

Price Reasonableness Code (PRC): Contracting Officer fill-in box with PRC to be assigned (i.e.,‘BA’, etc)

☐ Adequate Price Competition – Manufacturer Competition. Describe in Narrative block.

☐ Adequate Price Competition – Among Providers of Services. Describe in Narrative block.

☐ Adequate Price Competition – Dealer Competition (only use below SAT). Offered prices are independent and otherwise successful offeror’s price is not unreasonable. Describe in Narrative block.

No Competition (single quote or noncompetitive price range – select one of the following)

☐ Current price list, catalog, or advertised unit price. Describe in Narrative block .

☐ Market Research. Describe in Narrative block.

☐ Item price set by law or regulation. Describe in Narrative block.

☐ Cost analysis of offeror’s cost or pricing data combined with price analysis. Describe in Narrative block.

☐ Comparison of the proposed price to prices found reasonable on previous purchases. Describe in Narrative block.

☐ Same Item ☐ Similar Item (NSN or Item Description)

Contract(s):

Unit Price(s):

Quantity(ies):

PRC applicable previous purchase:

(Describe how prior award was determined fair and reasonable in Narrative)

☐ Independent Government Estimate (IGE). Attach the IGE if Contracting Officer determines IGE required adjustment. Describe in Narrative block.

☐ Data other than certified cost or pricing data, excluding cost data, submitted and no other analysis code applies. Describe in Narrative block.

☐ KOs determination that prices are fair and reasonable under FAR 13.106-3(a)(2)(v) or FAR 13.203(a)(3). Use only below SAT. Describe in Narrative block. (PRC BY coded awards cannot be used for price comparison with future procurements)

Price is other than Fair and Reasonable. Proceeding after proper elevation IAW DLAD 15.405(d)(S-90).

☐ Price is unreasonable. (Requires approval level above KO). Describe in Narrative block.

☐ Price could not be determined fair and reasonable. (Requires approval level above KO). Describe in Narrative block.

☐ XB: Complete Narrative block with the following:

“ Solicitation rejected from the Auto Evaluation program for: (insert all failure codes and validations performed). KO determined the proposed award has passed the automated pricing logic and is considered fair and reasonable in accordance with FAR 13.106-3 (KO to insert applicable reference). As a result, CAGE (insert CAGE code) is recommended for award.”

☐ XG: Procurement was sent back through the auto program through the Buyer Assist process for award. Describe in Narrative block.

Narrative: Must address any price increase since last purchase along with any negotiations that were conducted. If a SPEPRC not listed above is used to justify the price, please describe in Narrative. Attach or provide the location within the contract file for all supporting documentation.

END OF SIMPLIFIED PROCEDURES AWARD DOCUMENT

CUI

Source Selection Information – See FAR 2.101 and 3.104

(b) Alternate Simplified Acquisition Award Documentation (SAAD).

Contracting officers at DLA Distribution, DLA Disposition Services, DLA Contracting Services Office, and DLA Energy shall use the Acquisition - J7 - SAAD (Alternate)_ 6.16.23.pdf - All Documents (dps.mil) as prescribed in 13.106-3(b), 13.501(b)(3), and 15.406-1(b)(1). DLA Distribution maintains the Alternate SAAD online. The contracting officer must sign the format.

53.9015 Contracting by negotiation.

(a) Price Negotiation Memorandum Format – Competitive. Contracting officers shall use the PNM Format – Competitive as prescribed in 15.406-3(a)(S-90) and 15.406-3(a)(S-91). This Price Negotiation Format – Competitive is for illustration purposes only. It mirrors the fillable version in the contract writing system.

Source Selection Information - See FAR 2.101 and 3.104

PRICE NEGOTIATION MEMORANDUM FORMAT–COMPETITIVE

PNM Contents

Yes

N/A

The contracting officer shall include a “Source Selection Information” legend when applicable pursuant to FAR 2.101 and 3.104. Refer to DFARS PGI 215.406-3(11)(A) for documents uploaded into CBAR. Mark “CONTROLLED UNCLASSIFIED INFORMATION (CUI)” pursuant to DoD Instruction 5200.48, Controlled Unclassified Information (CUI) ( https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520048p.PDF?ver=2020-03-06-100640-800 ) and DLA Instruction 5200.48, Controlled Unclassified Information (CUI) ( https://issuances.dla.mil/Published_Issuances/Controlled%20Unclassified%20Information%20(CUI).pdf?ver=2020-03-06-100640-800 ).

1. Subject

a. Contractor name, division or group and location

b. Contract or RFP number

c. Item or service acquired

2. Introductory summary

a. Contractor and proposal selected for award and date

b. Offerors

c. Tabular Summary of: proposed price, government estimate, and final proposal revision

Major Price Items or CLINS

Total

Profit/fee %

CPAF (base and award fee) ($ and %)

Contract type

d. Clearance authority

(1) Approval authority

(2) Approval date, meeting dates, and participants

3. Details

a. Description of item or services

b. Explain method used for line item or unit prices

c. Personnel: List names, title, organization and telephone number of participants in price analysis and as applicable, cost realism discussions

d. Significant dates:

(1) Proposal date

(2) Discussion (s)/date (s)

(3) Final proposal revision date

(4) Other significant date (s) (acquisition review board dates, competitive range determination, solicitation amendments, etc.)

4. Acquisition situation

a. Acquisition background

b. Discuss period of performance and delivery schedule

c. Outside influences or unusual time constraints (i.e., Funding limitations, higher level, Congressional influences)

d. Unique features or special pricing provisions (economic price adjustment, incentives, warranties, special progress payments, etc.)

e. Fast Payment Procedures – Discuss the authority for using fast payment procedures and whether they will apply to delivery orders issued under the contract. If using fast payment procedures, cite the applicable threshold from 13.402(a) or FAR 13.402(a). If DFARS 213.402(a)(ii) applies, state that individual orders may exceed the SAT. Ensure compliance with all FAR and DLAD fast payment procedures for contracts that will authorize use of these procedures.

f. Indefinite-Quantity Contract (IQC). The contracting officer established a guaranteed minimum (GM) quantity or GM dollar value for the period of performance of the basic IQC, recorded an obligation in the amount of the GM purchase requirement ($________) at time of award, and placed the EBS screen shot documenting the obligation in the contract file IAW DLAD 16.504(a)(1)(S-90).

g. Requirements contract. If the award includes a GM, paragraph f. applies.

5. Evaluation summary

a. Reasonableness, completeness, cost realism if applicable, and balance

(1) Description of price analysis technique (s) used, results, and appropriateness in determining price reasonableness and completeness

(a) Description of the basis of any escalation rates used for adjusting historical prices or for forecasting option year prices. See DoD Contract Pricing Reference Guide, Volume 2 Quantitative Techniques, Chapter 1 Using Price Index Numbers for potential sources of information, calculating adjustments, and other relevant topics. .

(b) Description of GSA Schedule prices, if any. Contracting officer must check GSA for any relevant price information and document the results

(2) Description of the cost realism analysis technique (s) and their result (s) (if performed)

(3) Description of assessment of unbalanced pricing and any associated risks

(4) Document decision to conduct discussions and date (s). Document decision to award without discussions.

(5) Description and listing of major differences between the proposal and the final proposal revision prices

b. Adequate price competition determination description

(1) Basis of determination statement of adequate price competition

(a) Best value to the Government and the significance of cost or price to all evaluation factors combined;

(b) Lowest evaluated price; or

(2) Definitive statement the offered price selected is fair and reasonable based on adequate price competition.

6. ADVISORY REPORTS/KEY DOCUMENTS

Listing of Government advisory reports (pricing, technical, should-cost, etc.)

7. SIGNATURES

8. Attachments

Attachments as identified in the document

CUI Source Selection Information – See FAR 2.101 and 3.104

(b) Price Negotiation Memorandum Format – Non-Competitive. Contracting officers shall use the PNM Format – Non-Competitive as prescribed in 15.406-3 Documenting the negotiation. and 15.406-3 Documenting the negotiation.. This Price Negotiation Memorandum Format –Non-Competitive is for illustration purposes only. It mirrors the fillable version in the contract writing system.

PRICE NEGOTIATION MEMORANDUM FORMAT – NON-COMPETITIVE

PNM Contents

Yes

N/A

Mark “CONTROLLED UNCLASSIFIED INFORMATION (CUI)” pursuant to DoD Instruction 5200.48, Controlled Unclassified Information (CUI) ( https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520048p.PDF?ver=2020-03-06-100640-800 ) and DLA Instruction 5200.48, Controlled Unclassified Information (CUI) ( https://issuances.dla.mil/Published_Issuances/Controlled%20Unclassified%20Information%20(CUI).pdf?ver=2020-03-06-100640-800 ).

1. Subject

a. Contractor name, division or group and location

b. Contract or RFP Number (as applicable include modification number)

c. Item or service acquired

d. Delivery and/or Period of Performance

2. Introductory summary

a. Date (s) of Negotiation and Agreement

b. Contract action type (new contract, supplemental agreement, etc.)

c. Tabular summary of cost, FCCOM, profit or fee and price:

(1) Proposed and objective positions

(2) Proposed, objective and considered negotiated positions

(3) Separate summaries for options, etc.

(4) Fee or profit rate for each position

(5) Award fee pool for each position (as applicable) Ceiling price and percentage for each position (as applicable for cost contracts)

(6) Contract type for each position (FFP, FP/EPA, CPFF, CPAF, etc.)

d. Approval authority

(1) Approval authority

(2) Approval date, meeting date (s), and participants

(3) Limitations and specific approving authority conditions

3. Details

a. Item or service identification:

(1) Quantity and type

(2) Previous buys for the same or similar items

(A) Date (s) of recent buys

(B) Quantity

(D) Prior unit or total prices (target and finals if applicable and available: document separately recurring and nonrecurring costs)

(E) Current unit or CLIN prices (may attach) with name of item, NSN, part number, quantities, etc., as applicable (document separately recurring nonrecurring costs)

(F) Summary explanation of significant differences between the instant buy and most recent historical price (s)

(G) Stock Position of Items (include date stock position, current unfilled orders, inventory consumption rate, due-in quantities, etc. Discuss any over or under position)

b. Explain method for line item or unit prices

c. Fact-finding and negotiation dates, places, names, titles, and office symbols for the government and the contractor

d. Principal government and contractor negotiator identified

4. Acquisition situation

a. Acquisition background (contract type, pricing, etc.) indefinite-delivery contract and why it does or does not apply, surge and sustainment, etc.

b. Period of performance and delivery schedule (address resolution of differences between required, proposed and negotiated)

c. Outside influences and unusual time constraints

d. Government furnished facilities, equipment or other support unique to this acquisition

e. Unique features such as should cost, design-to-cost, life cycle cost, special payment procedures, and special provisions (clauses: savings, EPA, progress payments, performance based payments, validation of critical safety item and date , incentives, etc.)

f. Fast Payment Procedures. Discuss the authority for using fast payment procedures and whether they will apply to delivery orders issued under the contract. If using fast payment procedures, cite the applicable threshold from 13.402(a) or FAR 13.402(a). If DFARS 213.402(a)(ii) applies, state that individual orders may exceed the SAT. Ensure compliance with all FAR and DLAD fast payment procedures for contracts that will authorize use of these procedures.

g. Indefinite-Quantity Contract (IQC). The contracting officer established a guaranteed minimum (GM) quantity or GM dollar value for the period of performance of the basic IQC, recorded an obligation in the amount of the GM purchase requirement ($________) at time of award, and placed the EBS screen shot documenting the obligation in the contract file IAW DLAD 16.504(a)(1)(S-90).

h. Requirements Contract. If award includes a GM, paragraph g. applies.

5. Negotiation summary

a. Discussion of contractor price analysis, government price analysis, or no analysis performed

(1) Price element summary for proposed, objective, and considered negotiated amount. Discuss the position for proposed, objective and considered negotiated positions by topic.

(2) Price reasonableness basis or estimating technique (attach exemption or waiver if used instead of certified cost or pricing data). If using GSA schedule, the contracting officer must include a GSA contract for any relevant price information and document the results

(3) Identify submission of data other than cost or pricing data necessary to determine a reasonable price. Discuss rationale and required updates (attach sales data, catalogues, competitive price list, independent market prices, other data, etc.)

(4) Identifies submission of subcontractor cost or pricing data necessary to determine a reasonable price. (Even if HCA waived the submission for prime contractor)

(5) Price analysis and objective adjustments resulting from requirement changes

(6) Significant differences between objective and negotiated amounts

(7) Use of advisory information and report (s) to support the objective, including significant differences, objective, and final negotiated agreement.

b. Discuss analysis and support for proposed, objective and (PNM) negotiated positions

c. Identify proposal of record used to baseline the objective.

d. When receiving certified cost and pricing data, a statement of the extent to which the contracting officer relied on contractor provided data except where specifically identified (including agreed to cut-off dates)

e. For noncompetitive actions exceeding $1M, the contracting officer must search the Contract Business Analysis Repository (CBAR) and document the results of CBAR search.

f. When performing cost analysis, major cost element summary with subparagraph index for proposed, objective and considered negotiated amounts (including direct and indirect costs for labor, materials,)

g. Discussions of cost analysis performed for each major cost element for contractor proposed, government objective and considered negotiated positions in the following areas:

(1) Summary breakout of major cost items

(A) Labor hours by rate category

(B) Identify and discuss indirect rate (s)

(D) Subcontractor cost or pricing data

1. Requirement, availability, adequacy of and reliance on subcontractor cost or pricing data

2. Sole source or competitive

3. Extent and adequacy of the prime's review

4. Why the contracting officer did not receive certified cost or pricing data when required (attach waiver or describe exemption)

5. Why the contracting officer received certified cost or pricing data when not required

(E) Basis or estimating method used

(F) Explanation of contractor data not relied on and reason for using other than contractor's data, identify data used to develop the government's position

(G) Rationale, sources, and currency of the data used to set the objective (include modification change determined to be noncommercial where originally determined commercial)

(H) Significant differences between the objective and negotiated amounts

(I) Use of advisory reports supporting the objective, including significant differences between them, the objective, and the final negotiated agreement

(J) For undefinitized contract actions: actual costs to date, % of completion, trends and, as applicable, the contractor's estimate to complete

(2) With incentive arrangements, describe the basis for share ratio (s) and ceiling price (s)

(3) Profit (Fee). Explain how the contracting officer developed the objective

(A) If using WGM, state assigned weights and provide reasoning when weights are below or above normal. (DD 1547 Attached to the PNM)

(B) If not using WGM, explain why and how the contracting officer developed the profit objective

(C) List profit or fee rate (s) negotiated. If the contracting officer did not achieve WGM profit objectives during negotiations, explain why and support profit or fee rate negotiated

h. Summarize and include a definitive statement on why the negotiated price is fair and reasonable. (Address the 25% limitation on price increases (DFARS 217.7505)

i. Description of the basis of any escalation rates used for adjusting historical prices and for forecasting option year prices. See DoD Contract Pricing Reference Guide, Volume 2 Quantitative Techniques, Chapter 1 Using Price Index Numbers for potential sources of information, calculating adjustments, and other relevant topics.

6. ADVISORY REPORTS/KEY DOCUMENTS

Listing of Government advisory reports (pricing, technical, should cost, etc.)

7. Signatures

Include signatures of the author of the PNM, contracting officer and (as applicable) approval authority

8. Attachments

a. DD Form 1547 - Weighted Guidelines

b. DD Form 1861 - Facilities Capital Cost of Money (objective only)

c. Other attachments identified in the PNM

DLAD

SUBPART 53.90 – FORMATS AND TEMPLATES

53.9001 Appointment of ordering officer.

53.9007 Acquisition planning.

53.9012 Acquisition of Commercial Products and Commercial Services.

53.9013 Simplified acquisition procedures.

Micro-Purchase Award (only complete this section if award is at or below the micro-purchase threshold):

Simplified Procedures Award (only complete this section if award exceeds micro-purchase threshold)

53.9015 Contracting by negotiation.

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