Sample D&F for Transfer of Funds to Non-DoD Agencies and ...



Use this template to prepare Determinations and Findings (D&Fs) for Assisted Acquisitions made through DoD agencies [unless an exception applies in accordance with MAPS 17.502-100(b)] and non-DoD agencies. Tailor all aspects of this template to the individual acquisition and delete any template areas providing sample language, fill-ins, or instructions [i.e., bold, blue, bracketed, italic type].

DoD Agencies include, but are not limited to, the Departments of the Army, Navy, and Air Force and other contracting activities, such as the Defense Logistics Agency (DLA), as identified under DFARS 202.101.

Non-DoD Agencies are any Federal agencies outside of DoD, to include their Franchise Funds - GSA, Agriculture, Commerce, Energy, Treasury, etc.

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[When preparing the D&F, use the MCFCS office letterhead]

[Insert a Control No. on the right side of the header ([e.g., MCI-East 10001)]

Determination and Findings for Use of an Assisted Acquisition

This Determination and Findings documents the decision to use an assisted acquisition to obtain required supplies and services through a non-DoD agency.

FINDINGS

1. Requiring Office.

a. Name of Activity:

b. Mailing Address:

c. DoD Activity Address Code (DoDAAC) for Requiring Office:

d. Requiring Office Point of Contact (Name, Telephone, and E-Mail Address):

2. Assisting Agency. [Provide the name of the Government agency that will receive funds to procure the required supplies or services].

a. Agency:

b. Address:

c. Agency Point of Contact (POC) or Contracting Officer:

d. Telephone and E-Mail Address:

3. Requirement.

a. Description. [Provide a firm, clear, specific, and complete description of the supplies or services to be ordered. Describe the scope of work and its significant characteristics. (Service requirements should be performance based with clear outcomes to be achieved and metrics to measure the outcomes). The use of generic descriptions is not acceptable. If this is a planned service requirement, certify that it was validated and approved by the Command Services Requirements Review Board (SRRB). Provide specific performance or delivery requirements (e.g., delivery dates, or for services, the proposed period of performance). In addition, attach a copy of the specification/Statement of Work (for supplies) or Performance Work Statement (PWS) (for services).]

b. Acquisition Planning: [Discuss how the assisting agency will contract for the supplies and services. Select at least one of the following statements: The Assisting Agency: (A) Will satisfy the requirement under an existing contract the Assisting Agency has in place to meet its own needs; (B) Has capabilities or expertise to enter into a contract for the requirement that the Marine Corps does not have. If an existing contract will be used, provide the following information: contract number, contract type (e.g., Firm Fixed Price (FFP), Cost Plus Fixed Fee (CPFF), Time and Material (T&M) / IDIQ (Specify Single Award or Multiple Award), BPA, C-Type), contractor name, business size (e.g. small business, etc.), competitive or sole source. Explain how the tasks to be accomplished or supplies to be provided for USMC are within the scope of the contract to be used.]

c. Cost Estimate. [Provide an Independent Government Cost Estimate for the requirement (to include options) and the basis for that estimate. Summarize how the estimated value of this requirement was determined (e.g. current contract pricing, labor costs compared to GSA rates (include detailed comparison information), number of hours based on similar requirements, etc.). Note: D&F approval is based on the total Independent Government Estimate value (inclusive of all options, if applicable) plus fees. In the event that the actual funding obligated exceeds the amount approved in the D&F, the D&F will require re-approval. MAPS 17.502-2-100 identifies approval thresholds.]

d. DoD-Unique Terms and Conditions (Required if the assisted acquisition will be conducted by a Non-DoD Agency). [Identify unique terms, conditions and requirements that will be provided to the Assisting Agency to ensure compliance with DoD/DON-unique statutes, regulations, directives and other requirements (e.g., DFARS clauses for inclusion in contracts /orders).]

e. Oversight Responsibility. [Identify the Government official who will be responsible for overseeing contractor performance, and accepting the products and services to be provided under this procurement action. Please note DFARS Subpart 201.602-2 and DODI 4000.72 requirements for appointment of Contracting Officer’s Representatives (CORs). A non-DoD COR must meet either all DoD COR training and experience requirements or Federal Acquisition Certification-COR training and certification requirements.]

4. Funding Data.

[Provide a statement as to the funds to be used for the requirement to include Fiscal Year (FY), Type of Funds (e.g., FY15, O&M; MC; PMC; RDT&E), and Dollar Amount. Use the table below for arrangements where more than one year or type of funds will be used to support the requirement.]

|Fiscal Year |Type of Funds |Amount |

|[Specify] |[Specify] |[Specify] |

|[Specify] |[Specify] |[Specify] |

|[Specify] |[Specify] |[Specify] |

5. Assisted Acquisition Rationale.

a. Fees. [Identify fees that are to be charged by the Assisting Agency to process and administer the contract/order. Include fee percentage and estimated dollar amounts. If fees apply to more than one year, use the table format below.]

|Fiscal Year |Administrative Fee to Assisting |Administrative Fee |

| |Agency (Percentage) |to Assisting Agency |

| | |Dollar Value |

|[Specify] |[Specify] |[Specify] |

|[Specify] |[Specify] |[Specify] |

|[Specify] |[Specify] |[Specify] |

b. Justification. [Summarize why an assisted acquisition is a more advantageous method of procurement vice MCFCS execution. Discuss schedule / performance / delivery implications. Explain why an assisted acquisition is more cost effective (taking into account discounts and fees).]

c. Additional Information. [In all instances the Justification and Rationale for Action must fully support the various conclusions within the DETERMINATION section that follows it. Therefore, include any other information that may be necessary to support the conclusions listed below.]

DETERMINATION

1. The use of an interagency acquisition is in the best interest of the Government.

2. This requirement cannot be obtained as conveniently or economically by contracting directly with a private source.

3. DoD/DON unique terms and conditions were provided to the assisting agency and will be included in the contract award. (Required if the assisted acquisition will be conducted by a Non-DoD Agency).

4. Funding is available and appropriate for the acquisition.

5. [Choose at least one of the following and insert it as paragraph 5]:

[Existing Contract of Assisting Agency]

The acquisition will appropriately be made under an existing contract of the Assisting Agency, entered into before placement of this order, to meet its own requirements for the same or similar services. Supplies or services being acquired under this Assisted Acquisition are within the scope of the basic contract to be used by the Assisting Agency.

[New Contract by Assisting Agency]

The Assisting Agency has capabilities or expertise to enter into a contract for this this requirement that is not available within the Marine Corps.

[Assisting Agency specifically authorized by law or regulation]

The assisting agency is specifically authorized by law or regulation to purchase this requirement on behalf of other agencies.

6. Department of the Navy review and approval requirements for the Management and Oversight Process for the Acquisition of Services (Revised) (MOPAS 2) have been satisfied (NMCARS 5237.170-2(a) and (b))

COORDINATION & APPROVAL

_______________________________________ ________________

[Typed Name] Date

Requirements/Program Management Official

______________________________________ ________________

[Typed Name] Date

Comptroller

_______________________________________ ________________

[Typed Name] Date

Local Office of General Counsel

_______________________________________ ________________

[Typed Name] Date

Contracting Officer

_______________________________________ ________________

[Typed Name] Date

MCICOM Director of Contracts (if applicable)

Approved:

_______________________________________ ________________

[Typed Name] Date

Assistant Deputy Commandant, I&L (Contracts)

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[The authorities listed below shall approve D&Fs when the value of an Assisted Acquisition to a Non-DoD Agency exceeds $50 Million (See NMCARS 5217.7802 for further information.)]

Approved:

_______________________________________ ________________

[Typed Name] Date

Deputy Assistant Secretary of the Navy for Acquisition Policy

(DASN (AP)) [Over $50 Million to $500 Million]

Approved:

_______________________________________ ________________

[Typed Name] Date

Assistant Secretary of the Navy (Research, Development,

and Acquisition (ASN (RD&A)) [Over $500 Million]

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