Office of the Under Secretary of Defense.

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON, D.C. 20301-3000

DPAP(DAR)

MEMORANDUM FOR DIRECTORS OF DEFENSE AGENCIES DEPUTY ASSISTANT SECRETARY OF THE ARMY (POLICY AND PROCUREMENT), ASA(ALT) DEPUTY ASSISTANT SECRETARY OF THE NAVY (ACQUISITION MANAGEMENT), ASN(RDA) DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (CONTRACTING), SAF/AQC DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY EXECUTIVE DIRECTOR, ACQUISITION, TECHNOLOGY AND SUPPLY DIRECTORATE (DLA)

SUBJECT: Class Deviation--Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System

When using the Standard Procurement System (SPS) to contract for commercial items, all Department of Defense contracting activities may deviate from the requirements in Federal Acquisition Regulation (FAR) 12.301(b)(4), the clause at FAR 52.212-5, Defense FAR Supplements (DFARS) 212.301(f)(iii), and the clause at DFARS 252.212-7001.

The clauses at FAR 52.212-5 and DFARS 252.212-7001 require the contracting officer to "check a box" to identify the clauses that are applicable to the specific acquisition of commercial items. Rather than requiring the contracting officers to "check the applicable clauses," SPS has a clause logic capability that automatically selects the clauses under FAR 52.212-5 and DFARS 252.212-7001.

Contracting officers may use the SPS clause logic capability to automatically select the clauses that are applicable to the specific solicitation and contract. Contracting officers must ensure that the attached deviation clauses are incorporated into these solicitations and contracts because these deviation clauses fulfill the statutory requirements on auditing and subcontract clauses applicable to commercial items. The deviation also authorizes adjustments to these deviation clauses required by future changes to the clauses at 52.212-5 or 252.212-7001 that are published in the FAR or DFARS. This class deviation is effective on May 1, 2004, and remains in effect until April 30, 2009, or until otherwise rescinded.

Deidre A. Lee Director, Defense Procurement and Acquisition Policy

Attachment: As stated

cc: DSMC, Ft. Belvoir

April 29 2004

Editor's note: To view the attachment, visit the Director, Defense Procurement and Acquisition Policy Web site at <http://www.acq.osd.mil/dpap/>.

OFFICE OF THE UNDER SECRETARY OF DEFENSE 3000 DEFENSE PENTAGON WASHINGTON, D.C. 20301-3000

DPAP/EB

MEMORANDUM FOR DIRECTORS, DEFENSE AGENCIES DEPUTY ASSISTANT SECRETARY OF THE ARMY (POLICY AND PROCUREMENT), ASA(ALT) DEPUTY ASSISTANT SECRETARY OF THE NAVY (ACQUISITION MANAGEMENT), ASN(RDA) DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (CONTRACTING), SAF/AQC DEPUTY DIRECTOR FOR LOGISTICS OPERATIONS, DEFENSE LOGISTICS AGENCY (DLA) DIRECTOR, ADMINISTRATION AND MANAGEMENT DIRECTOR, ARMY CONTRACTING AGENCY

SUBJECT: Wage Determinations On-Line (WDOL)

Wage Determinations On-Line (WDOL), a project within the Federal eGov Integrated Acquisition Environment (IAE) initiative, recently launched a website (http://www.dwol.gov) to provide contracting officers with "one-stop" access for Service Contract Act (SCA) and Davis-Bacon Act (DBA) wage determinations (WDs) and related contract labor information. WDOL is the result of collaboration by the Military Departments, Department of Labor, Office of Management and Budget, General Services Administration, Department of Energy, and Department of Commerce (National Technical Information Systems). Members of DoD's Acquisition Domain provided substantial effort in the design and functional engineering of the new website. The new program is expected to significantly speed procurement processes involving contract labor standards and enable federal agencies to be more consistent in the application of these laws.

A WDOL briefing dated October 2003 is available on the DoD Acquisition Domain website, http://www.acq.osd.mil/dpap/ebiz/index.htm, under the "Federal-wide Programs" section. It provides a brief description of the new WDOL website and its features. Please ensure that all contracting personnel receive a copy of this notice and access the briefing. I expect the Federal Acquisition Regulation (FAR) and the Department of Labor's Title 29 Code of Federal Regulations to be revised in the near future to implement WDOL processes.

My action officer regarding the electronic business implications of this subject is Ms. Lisa Romney, 703-614-3883, [e-mail]. Contact your Military Department Labor Advisor for questions regarding WDOL associated usage. Contact information for those individuals is available on both the WDOL and Acquisition Domain websites referenced above.

Deidre A. Lee Director, Defense Procurement and Acquisition Policy

April 29 2004

OFFICE OF THE UNDER SECRETARY OF DEFENSE 3000 DEFENSE PENTAGON WASHINGTON, D.C. 20301-3000

DPAP/EB

MEMORANDUM FOR DIRECTOR, ARMY CONTRACTING AGENCY DEPUTY ASSISTANT SECRETARY OF THE NAVY (ACQUISITION MANAGEMENT, ASN(RDA) DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (CONTRACTING), SAF/AQC DEPUTY DIRECTOR FOR LOGISTICS OPERATIONS (DLA)

SUBJECT: DOD DEPLOYMENT AND TEST OF PAST PERFORMANCE RETRIEVAL INFORMATION SYSTEM--STATISTICAL REPORTING (PPIRS-SR) PROTOTYPE

In July 2002, the Past Performance Information Retrieval System (PPIRS) became the single, authorized application providing past performance reports to the entire Federal acquisition community as a part of the President's e-Government Integrated Acquisition Environment (IAE) initiative. Building on the existing capability and furthering the initiative, the PPIRS Program is ready to test a complementary application for eventual Federal-wide use. This new effort expands functionality of the current PPIRS (http://www.ppirs.gov/). The new function, PPIRS-Statistical Reporting (PPIRS-SR), will collect contractor performance data on lower dollar threshold contracts. The DoD Guide to Collection and Use of Past Performance Information (May 2003) (accessible at http://www.acq.osd.mil/dpap/Docs/PPI_Guide_2003_final.pdf) contains guidance for the collection and use of contractor past performance information as required by the Federal Acquisition Regulation (FAR) parts 15 and 42. Implementation of PPIRS-SR will provide past performance information related to delivery and quality data on contracts under the threshold established in the existing PPIRS report card function.

We are soliciting your participation in the test of PPIRS-SR. Attachments to this memo provide background on PPIRS web application and information regarding the sources of data for PPIRS-SR, an action plan for transfer of data from existing legacy collection systems, actions for designated test sites and the application host (Naval Sea Logistics Center Detachment Portsmouth), and a contract provision to be utilized during the test. Please identify one site each to use and evaluate PPIRS-SR in source selection and best value procurements for a one-year period, and provide feedback and recommendations on its suitability and usability. Suggested sites based on prior involvement in past performance capability development are listed in Attachment 2 to this memo. The information provided via PPIRS-SR should be used in the evaluation of past performance during bid/offer evaluations at these sites.

Please provide your proposed test site and the name of your point of contact by May 14, 2004, to Stanley A. Dubowski, PPIRS Program Manager, 703-882-2188, [e-mail]. A meeting with the points of contact will be held shortly thereafter to further delineate the planned test. My action officers for DoD's participation in the IAE initiative and past performance requirements are Lisa Romney, 703-614-3883, [e-mail], and Mike Canales, 703-695-8571, [e-mail], respectively.

Deidre A. Lee Director, Defense Procurement and Acquisition Policy

Attachments: As stated

May 03 2004

Editor's note: To view the attachments, visit the Director, Defense Procurement and Acquisition Policy Web site at <http://www.acq.osd.mil/dpap/>.

OFFICE OF THE UNDER SECRETARY OF DEFENSE 3000 DEFENSE PENTAGON WASHINGTON, D.C. 20301-3000

MEMORANDUM FOR DIRECTORS, DEFENSE AGENCIES DEPUTY ASSISTANT SECRETARY OF THE ARMY (POLICY AND PROCUREMENT), ASA(ALT) DEPUTY ASSISTANT SECRETARY OF THE NAVY (ACQUISITION MANAGEMENT), ASN(RDA) DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (CONTRACTING), SAF/AQC EXECUTIVE DIRECTOR, ACQUISITION, TECHNOLOGY AND SUPPLY DIRECTORATE (DLA)

SUBJECT: Emergency Procurement Flexibilities

Existing laws and regulations provide considerable flexibility for acquisitions that support urgent situations and national security requirements. To ensure timely contracting support, the acquisition community needs to be aware of the options and apply the flexibilities that are most appropriate for meeting a given requirement. To that end, I would like to highlight some of the flexibilities.

A combined synopsis and solicitation can be used to reduce the time required to solicit and award contracts for commercial items. Contracting officers may treat any acquisition as an acquisition of commercial items if the supplies or services are used to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack. Acquisitions issued using the "Unusual and Compelling Urgencyz exemption under the Competition in Contracting Act are generally exempt from synopsis requirements if the Government would be seriously injured by the standard synopsis timeline. In addition, the supporting justification can be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition. Finally, newly enacted provisions increase both the micro-purchase threshold and the simplified acquisition threshold for acquisition that are used in support of a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack. Links to additional examples of acquisition flexibilities and a matrix outlining the special emergency procurement authority are contained in the attachment.

If existing provisions preclude you from taking actions you determine necessary, I expect you to support, authorize and seek appropriate deviations, as well as provide me feedback..

My point of contact for this action is Robin Schulze. She can be reached at 703-614-1509 or [e-mail].

Attachment: and Acquisition Policy As stated

May 20, 2004

Deidre A. Lee Director, Defense Procurement

Editor's note: To view the attachment, visit the Director, Defense Procurement and Acquisition Policy Web site at <http://www.acq.osd.mil/dpap/>.