SUBPART 2807.1 - ACQUISITION PLANS
2807.103 Agency-head responsibilities.
2807.103-70 Other officials' responsibilities.
2807.105 Contents of written acquisition plans.
SUBPART 2807.5 - INHERENTLY GOVERNMENTAL FUNCTIONS
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
(a)(1) In accordance with FAR 7.1, DOJ contracting activities shall perform acquisition planning and conduct market research for all acquisitions in order to promote and provide for
(i) full and open competition (see FAR Part 6);
(ii) maximum practicable competition for those acquisitions where full and open competition is not required by FAR Part 6; and
(iii) the acquisition of commercial items or, when commercial items are not available, nondevelopmental items to the maximum extent practicable.
(2) The degree of planning and market research may vary, depending on such factors as the acquisition's size, scope and complexity.
(b) Acquisition planning shall be the joint responsibility of both the contracting and program offices. All acquisition plans shall be prepared sufficiently in advance of solicitation release dates to ensure that requirements are presented in a way that promotes full and open competition and provides sufficient time for the identification and resolution of impediments that could delay the acquisition or lead to increased cost or technical risk.
(a) Planning commensurate with the complexity and dollar value of the individual requirement shall be performed for all acquisitions, except for those acquisitions listed in paragraph (c) of this subsection which may be exempt from the planning process. Heads of contracting activities may authorize the use of oral plans for simple and/or small dollar acquisitions. When oral plans are used, the file should be documented with the name of the individual who approved the plan.
(b) Written acquisition plans shall be prepared for all major systems acquisitions as defined in 2834.002.
(c) The following types of acquisitions may be exempt from the acquisition planning program:
(1) architect-engineering services;
(2) unsolicited proposals (when deemed innovative and unique in accordance with FAR 15.5);
(3) regulated utility services where services are available from only one source;
(4) acquisitions made from or through other Government agencies; and
(5) contract modifications which exercise an option or add funds to an incrementally funded contract (provided there is an approved acquisition planning document for the original action and there is no significant deviation from that plan).
The AAG/A may establish acquisition planning criteria and thresholds for those bureaus who:
(a) fail to allow ample time for conducting competitive acquisitions;
(b) develop a pattern of awarding urgent requirements that generally restrict competition;
(c) fail to identify identical or like requirements that, where appropriate, can be combined under one solicitation and miss opportunities to obtain lower costs through volume purchasing, reduce administrative costs in processing one contract action versus multiple actions, and standardize goods and services.
(a) In accordance with FAR 7.1, the HCA shall develop an acquisition planning program for all acquisitions to ensure that its needs are met in the most effective, economical, and timely manner.
(b) Heads of contracting activities have the flexibility to develop programs that are best suited to their individual needs. Criteria and thresholds shall be established at which increasingly greater detail and formality in the planning process is required. DOJ components are encouraged to keep paperwork to a minimum and to put a premium on simplicity.
(c) HCAs shall ensure that, during the acquisition planning phase, requirements personnel consider the use of:
(1) the metric system of measurement consistent with 15 U.S.C. 2205(b); and
(2) environmentally preferable and energy-efficient products and services.
(a) HCAs shall prescribe format and content of acquisition planning documents that are commensurate with the complexity and dollar value of the individual acquisition (sample acquisition planning documents for both simple and complex acquisitions will be made available by PPRG, JMD, and may be used or modified as appropriate).
(b) HCAs shall include, at a minimum, the content elements at FAR 7.105 and 7.106 for all major systems acquisitions as defined in 2834.002.
The requirements official shall provide the contracting officer, concurrent with the transmittal of the statement of work (or modification thereof), a written determination that none of the functions to be performed are inherently governmental. Any disputes concerning this determination shall be resolved by the contracting officer, after consultation with the requirements official. The contracting officer's determination shall be final.