Quick Hitter: DFARS Part 212

Just as with my Quick Hitters on the FAR and GSAR, my Quick Hitter series on the DFARS is meant to simplify contracting business with the government. This time with DoD.

DFARS 212.70 Defense Commercial Solutions Opening

DFARS 212.7000 Scope Of Subpart

10 U.S.C. 3458 is implemented. This code allows the United States Armed Forces to procure innovative commercial goods and services unique to the mission of the warfighter. This contractual process is conducted through a general solicitation and peer review as authorized by the Secretary of Defense and/or the Secretaries of the military departments by way of competitive procedure. The buy must be no more than $100M unless permission is obtained by appropriate personnel. The contract must be FFP/FFPI and will be deemed commercial. Congressional Notification is required for awards greater than $100M to specified committee(s) (www.uscode.house.gov). 

DFARS 212.7002 Policy

COs/KOs may only use a CSO to fulfill requirements, close gaps or make advancements as well as when the approach can be anticipated. A CSO can be used for R&D purposes.

DFARS 212.7003 Limitations

PGI 212.7003 states that a SPE must be presented a Determination For Approval for buys greater than $100M which must include a detailed description of the buy, why a CSO is required, how the innovation will be obtained, the estimated contract value/award amount and the potential awardee(s)/awardee. The SPE approval must be included in the contract file.

DFARS 212.7004 Procedures

The CSO must contain the agency’s interest and agency requirement(s), specification of technical data to meet DoD minimum requirements for the buy, best value tradeoffs, evaluation criteria, timeframe of the solicitation and proposal instructions.

The solicitation must be published on SAM.gov and can be published in appropriate periodicals as well. Peer reviews and SME write-ups must occur for every received proposal (not in a comparative manner). These buys can be set aside for small businesses and variations of small businesses, and a CoC can determine award. The decision-making process must be documented in the contract file.

DFARS 212.7005 Congressional Notification

See PGI 212.7005 which exhibits strong parallels to PGI 212.7003 with the caveat of completed award information. This notification must be placed in the contract file.

If you are a regular reader of this particular Quick Hitter then you will know that I’ve only seen DoD contracts in a simulation setting at the VA Acquisition Academy. However, I do have a cool story. One of my instructors awarded one of these in the form of the creation of night vision goggles, or adding night vision capability to already available commercial goggles. This would be a great learning opportunity for Robertson KX. Contracting is our knowledge base. I’ve been trained by elite personnel.

If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory email and free consultation. 

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