Procurement

The Procurement Office is responsible for managing and placing contracts to support all DoDEA schools in mainland Japan. The procurement office also consults customers throughout DoDEA on any contract-related matter, which includes advising on best business practices, providing information to ensure customers are within compliance of federal regulations, and offering support and training on contract related matters.

The Procurement Office has positively impacted practices in the Pacific East District through:

• Training school officials on contract-related issues to help empower DoDEA school leadership to better understand the contracting process, improving quality assurance and effectiveness in procuring necessary supplies and services for the District.

  • 1. • COR Training (Training on responsibilities and duties as a COR)

       • Procurement Path Training (Training on how submit requirement request)

       • Individual training on how to understand contracts and how to utilize a contract for ordering supplies or services.

• Procuring the supplies and services to support the District School to include contracts for school curriculum to supply the district with the best materials for the students. Contracts are written in a way that schools receive the newest textbooks as they are constantly being updated. A majority of our contracts are fixed price and are done that way to ensure we receive the best value possible. For example, when we do a contract for textbooks, the prices in the contract are fixed throughout the life of the contract even if new books become available which is often the case with textbooks. One of the major goals of our office is to meet customer needs while still providing the best value for the government. When selecting vendors for a new contract our office adheres to DoD source selection policy. Much of our office policy is guided by Federal regulation (FAR) or DoD.

The Pacific East District Procurement Office has successfully arranged a variety of contracts, including the following:

• Acquisition Basics

• DPAP Source Selection Guide

Office of Federal Procurement Policy (http://www.whitehouse.gov/omb/procurement_default )

• Bureau within Office of Management and Budget – OFPP Administrator appointed by the President

• Is the Government’s top acquisition policymaker and provides overall direction and leadership.

• Can prescribe Government wide policy, but does not issue FAR or get involved with agency acquisitions.

• Cannot prescribe the language of the FAR, unless the Secretary of Defense and the Administrators of GSA and NASA cannot agree amongst themselves or fail to act on a policy.

• Can block any regulation that is contrary to with his or her policy

FAR Council

• Comprised of the Secretary of Defense and Administrators of GSA and NASA

• Have the authority to issue and maintain the FAR, but do not write it

FAR Council website: http://www.whitehouse.gov/omb/procurement_far_council

The Defense Acquisition Regulations (DAR) Council and the Civilian Agency Acquisition (CAA) Council

• Administrative councils that review, draft, publish, and write FAR language and updates

• OSD, GSA, and NASA send representatives from their agency to the DAR and CAA meetings

• OSD and NASA reps belong to the DAR council; GSA and other civilian agency belong to the CAA council

• List of members on DAR and CAA council: http://www.acq.osd.mil/dpap/dars/far_teams.html

• List of open and archived FAR and DFARS cases: http://www.acq.osd.mil/dpap/dars/far_case_status.html

• (Useful to see what issues are currently being worked at upper echelon levels or the status of initiatives)

Defense Procurement and Acquisition Policy (DPAP)

• Office developed by OSD to implement, manage, and oversee contracting and procurement policy matters for the DoD

• The DAR Council is one of the functions under DPAP’s authority

• Director is Mr. Richard Ginmann, who is DoDEA’s Head of Agency (when not delegable in the FAR/DFARS)

HOW POLICY GETS INTO FAR/DFARS

1. Congress has legislative authority to pass laws, but does not generally dictate how those rules should be enacted throughout an agency – this authority is delegated to the agencies within the Act that is passed.

United States Code (http://uscode.house.gov/ ) – Codification of the general and permanent laws (sometimes referred to as statues or Acts) of the United States, organized into 52 titles based on subject matter. Government’s acquisition policymaking foundation is defined in Title 41. Multiple agencies may have responsibility for implementing regulations as a result of a law.

2. Agencies impacted by law decide how to implement their responsibilities under the law and draft rules to be published in the Federal Register.

The FAR and agency supplements are issued/revised in accordance with the notice and public comment procedures set forth in 41 U.S.C. 1707. (http://uscode.house.gov/ )

Federal Register (https://www.federalregister.gov/ ) – contains the rules, proposed rules, executive orders, and other presidential documents, and notices from Federal agencies and organizations.

• All proposed changes to the FAR that: 1) relate to the expenditure of appropriated funds, and 2) will have a significant impact beyond Government internal operating procedures or will have a significant impact on contractors must be published in the FAR for public comment for 60 days before they can be finalized (into a “final rule”) and take effect.

• In urgent and compelling circumstances, an “interim rule” may be published and take effect before the receipt of public comment and finalization.

• One volume of the FR equals all of the FR issues published in one calendar year

Federal Acquisition Circulars (FAC) (https://acquisition.gov/far/fac.html ) – a publication that contains only the rules that affect the FAR.

• Numbered by FAR edition it currently impacts and the number of the circular (in a sequential numbering) – For example, FAC 2005-76 is the 76^th change (or set of changes) to the 2005 version of the a FAR

• Useful if you want to figure out when a change took effect in the FAR and what was changed

3. Once a rule is final, it is entered into the CFR:

The Code of Federal Regulations (CFR) (http://www.ecfr.gov/cgi-bin/ECFR?page=browse ) – Codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. Title 48 (Volume 1 & 2, Chapter 1) contains the FAR. The FAR references many other sections of the CFR, though, so the CFR is useful in determining the context of some of the information in the FAR.

Agency Supplements to the FAR (e.g., Defense Federal Acquisition Regulations Supplement)

Implemented by various agencies – Necessary because rules may differ amongst agencies because of the way that laws apply to them. Title 48 (Volume 3 Chapter 2) contains the DFARS.

Case Law – Government Accountability Office (GAO) ( http://www.gao.gov/legal/index.html )

Protest decisions for the GAO – Can help clarify the interpretation of a rule or passage in the FAR or DFARS and how certain actions may be viewed by a court in the event of a protest. We often utilize our legal counsel in the interpretation and research of complex GAO decisions.

Department of Defense Issuances Website (http://www.dtic.mil/whs/directives/ ) - DoD Issuances Program - Contains the documents that establish and implement overall DoD policy, called "DoD issuances."

DoD issuances program contains all DoD-level Directives, Instructions, Manuals, Directive-Type Memorandums, and Administrative Instructions; properly codifies DoD policies; and assigns responsibilities, delegations of authority, and procedures to implement Federal law, Executive orders, and Presidential Directives.

DPAP Website (http://www.acq.osd.mil/dpap/ ) – Contains the documents and information the implement DoD acquisition policies and procedures. This is our primary source of information outside of the DFARS and the FAR.

DPAP Memos (http://www.acq.osd.mil/dpap/ops/policy_vault.html ) - list of active memos that reinforce or help interpret upper echelon policy in the manner that DoD, as an agency, would like to go forward.

DFARS Changes (Includes Proposed Rules/Interim Rules/Final Rules) (http://www.acq.osd.mil/dpap/dars/change_notices.html) – A summary of DoD acquisition-rules that are in the FR.

DoD Deviations (http://www.acq.osd.mil/dpap/dars/class_deviations.html ) – A list of active (and archived) DoD-approved deviations from the FAR DPAP is composed of eight Directorates:

• Acquisition Policy (AP)

• Contract Policy and International Contracting (CPIC)

• Defense Acquisition Regulation System (DARS)

• DPAP Operations (OPS)

• Contingency Contracting (CC)

• Program Development and Implementation (PDI) (includes Unique Identification (UID) and Purchase Card)

• Program Acquisition (PA)

• Services Acquisition (SA) / Strategic Sourcing (SS)

Policy Regarding Acquisition

TITLES OF THE UNITED STATES CODE

• TITLE 1 - GENERAL PROVISIONS

• TITLE 2 - THE CONGRESS

• TITLE 3 - THE PRESIDENT

• TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

• TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

• TITLE 6 - DOMESTIC SECURITY

• TITLE 7 - AGRICULTURE

• TITLE 8 - ALIENS AND NATIONALITY

• TITLE 9 - ARBITRATION

• TITLE 10 - ARMED FORCES

• TITLE 11 - BANKRUPTCY

• TITLE 12 - BANKS AND BANKING

• TITLE 13 - CENSUS

• TITLE 14 - COAST GUARD

• TITLE 15 - COMMERCE AND TRADE

• TITLE 16 - CONSERVATION

• TITLE 17 - COPYRIGHTS

• TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

• TITLE 18 - APPENDIX

• TITLE 19 - CUSTOMS DUTIES

• TITLE 20 - EDUCATION

• TITLE 21 - FOOD AND DRUGS

• TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

• TITLE 23 - HIGHWAYS

• TITLE 24 - HOSPITALS AND ASYLUMS

• TITLE 25 - INDIANS

• TITLE 26 - INTERNAL REVENUE CODE

• TITLE 27 - INTOXICATING LIQUORS

• TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

• TITLE 28 - APPENDIX

• FEDERAL RULES OF EVIDENCE

• TITLE 29 - LABOR

• TITLE 30 - MINERAL LANDS AND MINING

• TITLE 31 - MONEY AND FINANCE

• TITLE 32 - NATIONAL GUARD

• TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

• TITLE 35 - PATENTS

• TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, ANDORGANIZATIONS

• TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

• TITLE 38 - VETERANS BENEFITS

• TITLE 39 - POSTAL SERVICE

• TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

• TITLE 41 - PUBLIC CONTRACTS

• TITLE 42 - THE PUBLIC HEALTH AND WELFARE

• TITLE 43 - PUBLIC LANDS

• TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

• TITLE 45 - RAILROADS

• TITLE 46 - SHIPPING

• TITLE 47 - TELECOMMUNICATIONS

• TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

• TITLE 49 - TRANSPORTATION

• TITLE 50 - WAR AND NATIONAL DEFENSE

• TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

• TITLE 51 - NATIONAL AND COMMERCIAL SPACE PROGRAMS

• TITLE 52 - VOTING AND ELECTIONS

• Code of Federal Regulations