1. LATEST
CHANGE Establishment of Boards - ND
Boards will be established at the Headquarters (HQ) and the
Operations Directorate levels.
For contracting
actions below the Board thresholds identified herein, the
Contract Management Offices (CMOs) or Operational Centers retain responsibility for
appropriate review and approval. 2. Composition of Boards:
2.1.
LATEST CHANGE ND The HQ Board will be chaired by the Executive
Director, Contracts (delegable to lower levels). The
Operations Directorate Board will be chaired by the
Contracts Division Leader.
2.2. Member composition of the Boards are determined by
the Chairperson but should consist of senior personnel, well
qualified by virtue of their position, experience and
training. In
selecting Board members,
the Chairperson will
consider the type of contracting action to be reviewed and the experience and qualifications of
the individual members relative to that type of action.
2.2.1. Advisory members from Office of Counsel and DCAA
are included, as appropriate.
2.2.2. Peers in the contracting career field
participate
in Board
proceedings to the maximum extent possible.
3. LATEST
CHANGE
Contracting Actions Requiring Review -
ND The
contracting actions listed
in the attached
Contract
Management Boards of Review chart will be boarded as indicated.
When a contracting action is subject to Board review, the ACO shall
obtain Board approval before negotiating or taking any action to settle
the issue.The
Board will meet, review the transaction, and forward written
approval or recommendations to the review initiator within 15 working
days after receipt of the review documentation or any supplemental
information requested by the Board. Regardless of the results of the Board, ACOs shall not take
any action to settle or disposition any contract action
under review or investigation by another Government
authority including the DoD IG or the GAO. Any action that requires a HQ Board,
must first be boarded by the Operations Directorate.
To determine if the dollar threshold for
review is met, add together the absolute value of each cost
increase and each cost decrease. The CMO will submit
requests for
Contract Management Board of Review through appropriate channels
(via e-mail) to the applicable board.
3.1. The review of any high risk,
controversial, or precedent-setting contracting action, regardless
of transaction type or dollar value,
will be requested
in addition to those actions listed in the
attached chart.In
particular, those contracting actions or issues which may
establish a legal precedent will be
submitted for Board review.
3.2. Waivers to Board reviews will be requested to the
Chairperson in certain circumstances. For example, actions where 1)
audit findings are fully sustained by the Contracting
Officer and 2) similar contracting actions were recently
(within one calendar year) boarded and approved.
4. Documentation Required for Reviews -
The
documentation for reviews will allow a
meaningful Board review. The Board
Chairperson will establish an appropriate response time when
requesting supplemental information. The review initiator
provides documentation sufficient to: 1)
present the facts, 2) explain any variations from the
position of auditors/advisors (if applicable), and 3) support
the proposed negotiation positions.
Such documents typically include Pre-Negotiation Memorandum, advisory
reports/opinions (including any audit, pricing & technical
reports, legal opinions), relevant contractual documents and
proposed agreements.
5.LATEST
CHANGE
ND Resolution of DCAA/DCMA
Disagreements
5.1.
Operations Directorate Board. If DCAA does not agree
with the Operational Directorate Board's decision, the
Operation Directorate Contract Division Leader will escalate the contract action to the HQ Board
for review and approval. 5.2.
HQ Board. If DCAA does not agree with the
HQ Board's decision, the Executive Director, Contracts, will
escalate the contract action to the DCMA Director for review
and approval. The DCMA Director and DCAA Director will
resolve the disagreement.
6.
Board Records - The Board Chairperson will ensure
a record is
retained for each contracting action reviewed. The
record will be assigned a unique identifier, with sufficient
documentation to understand the contracting action reviewed
and the Board decision.
Boarded contracting actions,
including those at the Division level, will be recorded on a
quarterly basis in the Board of Review Reporting System.
Competencies/Certifications
Acquisition workforce personnel will be
certified in accordance with the Defense Acquisition Workforce
Improvement Act (DAWIA) for the position held.
Training Matrix
Contract Management
Boards of Review Training Matrix
What
TASKS are
required to
accomplish this
process?
Methods
of training
On-the-Job
Training (OJT)
Computer
Based Training (CBT)
Course
(Commercial, College/ Vocational)
Contractor
Sponsored Training
Guidebooks
DCMA
Developed
Administrative Task (The task is wholly
enabled by the contents of the instruction and requires no training
intervention)