subpart 207.1--acquisition plans
(Revised April 25, 2024)
207.102 Policy.
207.103 Agency-head responsibilities.
207.104 General procedures.
207.105 Contents of written acquisition plans.
207.106 Additional requirements for major systems.
207.108 Additional requirements for telecommuting.
207.170 Reserved.
207.171 Component breakout.
207.171-1 Scope.
207.171-2 Definition.
207.171-3 Policy.
207.171-4 Procedures.
207.172 Human research.
207.102 Policy.
(a)(1) See 212.102 regarding requirements for a written determination that the commercial product or commercial service definition has been met when using FAR part 12 procedures.
207.103 Agency-head responsibilities.
(d)(i) Prepare written acquisition plans for—
(A) Acquisitions for development, as defined in
FAR 35.001, when the total cost of all contracts for the acquisition program is
estimated at $10 million or more;
(B) Acquisitions for production or services when
the total cost of all contracts for the acquisition program is estimated at $50
million or more for all years or $25 million or more for any fiscal year; and
(C) Any other acquisition considered appropriate
by the department or agency.
(ii) Written plans are not required in
acquisitions for a final buy out or one-time buy. The terms "final buy out" and
"one-time buy" refer to a single contract that covers all known
present and future requirements. This
exception does not apply to a multiyear contract or a contract with options or
phases.
(e) Prepare written acquisition plans for
acquisition programs meeting the thresholds of paragraphs (d)(i)(A) and (B) of
this section on a program basis. Other
acquisition plans may be written on either a program or an individual contract
basis.
(g) The program manager, or other official
responsible for the program, has overall responsibility for acquisition
planning.
(h) For procurement of conventional ammunition,
as defined in DoDD 5160.65, Single Manager for Conventional Ammunition (SMCA),
the SMCA will review the acquisition plan to determine if it is consistent with
retaining national technology and industrial base capabilities in accordance
with 10 U.S.C. 3204(a)(3) and section 806 of Pub. L. 105-261. The department or agency--
(i) Shall submit the acquisition plan to the address
in PGI 207.103(h) (DFARS/PGI view).
(ii) Shall not proceed with the procurement until
the SMCA provides written concurrence with the acquisition plan. In the case of a non-concurrence, the SMCA
will resolve issues with the Army Office of the Executive Director for
Conventional Ammunition.
207.104 General procedures.
In developing an acquisition plan, agency officials shall take
into account the requirement for scheduling and conducting a Peer Review in
accordance with 201.170.
207.105 Contents of written acquisition plans.
In addition to the requirements of FAR 7.105,
planners shall follow the procedures at PGI 207.105 (DFARS/PGI view).
207.106 Additional requirements for major systems.
(b)(1)(A) The contracting officer is prohibited by 10 U.S.C. 3208(d)(1) from requiring offers for development or production of
major systems that would enable the Government to use technical data to
competitively reprocure identical items or components of the system if the item
or component were developed exclusively at private expense, unless the
contracting officer determines that—
(1)
The original supplier of the item or component will be unable to satisfy
program schedule or delivery requirements;
(2)
Proposals by the original supplier of the item or component to meet
mobilization requirements are insufficient to meet the agency's mobilization
needs; or
(3)
The Government is otherwise entitled to unlimited rights in technical
data.
(B) If the contracting officer makes a
determination, under paragraphs (b)(1)(A)(1)
and (2) of this section, for a
competitive solicitation, 10 U.S.C. 3208(d)(2) requires that the evaluation
of items developed at private expense be based on an analysis of the total
value, in terms of innovative design, life-cycle costs, and other pertinent
factors, of incorporating such items in the system.
(S-70)(1) In accordance with 10 U.S.C. 3774(a) and DoD policy requirements,
acquisition plans for major weapon systems and subsystems of major weapon systems shall—
(i) Assess the long-term technical data and computer
software needs of those systems and subsystems; and
(ii) Establish acquisition strategies that provide for the technical data and computer software deliverables and associated license rights needed to sustain those systems and subsystems over their life cycle. The strategy may include—
(A) The development of maintenance capabilities
within DoD; or
(B) Competition for contracts for sustainment of
the systems or subsystems.
(2) Assessments and corresponding acquisition
strategies developed under this section shall—
(i) Be developed before issuance of a
solicitation for the weapon system or subsystem;
(ii) In accordance with 10 U.S.C. 4328, to emphasize reliability and maintainability in weapon system design, ensure that reliability and maintainability are included in the performance attributes of the key performance parameters on sustainment during the development of capabilities requirements. For additional guidance see PGI 207.105(b)(14)(ii)(2) (DFARS/PGI view);
(iii) Address the merits of including a priced
contract option for the future delivery of technical data and computer
software, and associated license rights, that were not acquired upon initial
contract award;
(iv) Address the potential for changes in the
sustainment plan over the life cycle of the weapon system or subsystem; and
(v) Apply to weapon systems and subsystems that
are to be supported by performance-based logistics arrangements as well as to
weapon systems and subsystems that are to be supported by other sustainment
approaches.
(S-71) See 209.570 for policy applicable to acquisition strategies that consider the use of lead system integrators.
(S-72)(1) In accordance with section 202 of the Weapon Systems Acquisition Reform Act of 2009 (Pub. L. 111-23), acquisition plans for major defense acquisition programs as defined in 10 U.S.C. 4201, shall include measures that—
(i) Ensure competition, or the option of competition, at both the prime contract level and subcontract level (at such tier or tiers as are appropriate) throughout the program life cycle as a means to improve contractor performance; and
(ii) Document the rationale for the selection of the appropriate subcontract tier or tiers under paragraph (S-72)(1)(i) of this section, and the measures which will be employed to ensure competition, or the option of competition.
(2) Measures to ensure competition, or the option of competition, may include, but are not limited to, cost-effective measures intended to achieve the following:
(i) Competitive prototyping.
(ii) Dual-sourcing.
(iii) Unbundling of contracts.
(iv) Funding of next-generation prototype systems or subsystems.
(v) Use of modular, open architectures to enable competition for upgrades.
(vi) Use of build-to-print approaches to enable production through multiple sources.
(vii) Acquisition of complete technical data packages.
(viii) Periodic competitions for subsystem upgrades.
(ix) Licensing of additional suppliers.
(x) Periodic system or program reviews to address long-term competitive effects of program decisions.
(3) In order to ensure fair and objective “make-or-buy” decisions by prime contractors, acquisition strategies and resultant solicitations and contracts shall—
(i) Require prime contractors to give full and fair consideration to qualified sources other than the prime contractor for the development or construction of major subsystems and components of major weapon systems;
(ii) Provide for Government surveillance of the process by which prime contractors consider such sources and determine whether to conduct such development or construction in-house or through a subcontract; and
(iii) Provide for the assessment of the extent to which the prime contractor has given full and fair consideration to qualified sources in sourcing decisions as a part of past performance evaluations.
(4) Whenever a source-of-repair decision results in a plan to award a contract for the performance of maintenance and sustainment services on a major weapon system, to the maximum extent practicable and consistent with statutory requirements, the acquisition plan shall prescribe that award will be made on a competitive basis after giving full consideration to all sources (including sources that partner or subcontract with public or private sector repair activities).
(5) In accordance with 10 U.S.C. 4328, acquisition plans for engineering manufacturing and development and production of major systems defined in 10 U.S.C. 3041(a) and 4202 and for major defense acquisition programs as defined in 202.101, shall include performance measures that are developed using best practices for responding to the positive or negative performance of a contractor for the engineering and manufacturing development or production of a weapon system, including embedded software. At a minimum the contracting officer shall—
(i) Encourage the use of incentive fees and penalties as appropriate; and
(ii) Allow the program manager or comparable requiring activity official exercising program management responsibilities, to base determinations of a contractor’s performance on reliability and maintainability data collected during the program. Such data collection and associated evaluation metrics shall be described in detail in the contract; and to the maximum extent practicable, the data shall be shared with appropriate contractor and Government organizations.
(S-73) In accordance with section 815 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417) and DoD policy requirements, acquisition plans for major weapons systems shall include a plan for the preservation and storage of special tooling associated with the production of hardware for major defense acquisition programs through the end of the service life of the related weapons system. The plan shall include the identification of any contract clauses, facilities, and funding required for the preservation and storage of such tooling. The Under Secretary of Defense for Acquisition and Sustainment (USD(A&S)) may waive this requirement if USD(A&S) determines that it is in the best interest of DoD.
(S-74) When selecting contract type for a major defense acquisition program, see 234.004.
207.108 Additional requirements for telecommuting.
See PGI 207.108 (DFARS/PGI view) for additional guidance concerning places of performance.
207.170 Reserved.
207.171 Component breakout.
207.171-1 Scope.
(a)
This section provides policy for breaking out components of end items
for future acquisitions so that the Government can purchase the components
directly from the manufacturer or supplier and furnish them to the end item
manufacturer as Government-furnished material.
(b)
This section does not apply to—
(1) The initial decisions on Government-furnished
equipment or contractor-furnished equipment that are made at the inception of an
acquisition program; or
(2) Breakout of parts for replenishment (see
Appendix E).
207.171-2 Definition.
“Component,”
as used in this section, includes subsystems, assemblies, subassemblies, and
other major elements of an end item; it does not include elements of relatively
small annual acquisition value.
207.171-3 Policy.
DoD
policy is to break out components of weapons systems or other major end items
under certain circumstances.
(a)
When it is anticipated that a prime contract will be awarded without
adequate price competition, and the prime contractor is expected to acquire any
component without adequate price competition, the agency shall break out that
component if—
(1) Substantial net cost savings probably will be
achieved; and
(2) Breakout action will not jeopardize the
quality, reliability, performance, or timely delivery of the end item.
(b)
Even when either or both the prime contract and the component will be
acquired with adequate price competition, the agency shall consider breakout of
the component if substantial net cost savings will result from—
(1) Greater quantity acquisitions; or
(2) Such factors as improved logistics support
(through reduction in varieties of spare parts) and economies in operations and
training (through standardization of design).
(c)
Breakout normally is not justified for a component that is not expected
to exceed $1 million for the current year's requirement.
207.171-4 Procedures.
Agencies
shall follow the procedures at PGI 207.171-4 (DFARS/PGI view) for component
breakout.
207.172 Human research.
Any
DoD component sponsoring research involving human subjects—
(a)
Is responsible for oversight of compliance with 32 CFR Part 219,
Protection of Human Subjects; and
(b)
Must have a Human Research Protection Official, as defined in the clause
at 252.235-7004, Protection of Human Subjects, and identified in the DoD
component’s Human Research Protection Management Plan. This official is responsible for the
oversight and execution of the requirements of the clause at 252.235-7004 and
shall be identified in acquisition planning.