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SUBPART 217.78--contracts or delivery orders issued by a Non-dod agency

(Revised March 21, 2006)



 217.7800 Scope of subpart.
 217.7801 Definitions.
 217.7802 Policy.

217.7800  Scope of subpart.

This subpart—


      (a)  Implements Section 854 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375); and


      (b)  Prescribes policy for the acquisition of supplies and services through the use of contracts or orders issued by non-DoD agencies.


217.7801  Definitions.

As used in this subpart—


“Assisted acquisition” means a contract awarded or a task or delivery order placed on behalf of DoD by a non-DoD agency.


“Direct acquisition” means a task or delivery order placed by a DoD official under a contract awarded by a non-DoD agency.


217.7802  Policy.

Departments and agencies shall establish and maintain procedures for reviewing and approving orders placed for supplies and services under non-DoD contracts, whether through direct acquisition or assisted acquisition, when the amount of the order exceeds the simplified acquisition threshold.  These procedures shall include—


      (a)  Evaluating whether using a non-DoD contract for the acquisition is in the best interest of DoD.  Factors to be considered include—


              (1)  Satisfying customer requirements;


              (2)  Schedule;


              (3)  Cost effectiveness (taking into account discounts and fees); and


              (4)  Contract administration (including oversight);


      (b)  Determining that the tasks to be accomplished or supplies to be provided are within the scope of the contract to be used;


      (c)  Reviewing funding to ensure that it is used in accordance with appropriation limitations;


      (d)  Providing unique terms, conditions, and requirements to the assisting agency for incorporation into the order or contract as appropriate to comply with all applicable DoD-unique statutes, regulations, directives, and other requirements; and


      (e)  Collecting and reporting data on the use of assisted acquisition for analysis.  Follow the reporting requirements at PGI 217.7802 (Pop-up Window or PGI Viewer Mode).

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