DODI 5000.74 Defense Acquisition of Services

The content featured under this section of ACQUIRE is the exact language that can be found in the DODI 5000.74 dated January 5, 2016. ACQUIRE provides the acquisition community with a digitized and interactive version to facilitate easier and faster navigation of this policy.

1. PURPOSE

In accordance with the authority in DoD Directive (DoDD) 5134.01 (Reference (a)), this instruction:

a. Establishes policy, assigns responsibilities, and provides direction for the acquisition of contracted services.

b. Establishes and implements a management structure for the acquisition of contracted services.

c. Consistent with statutory and regulatory requirements for the acquisitions of services, authorizes DoD Component decision authorities to tailor the procedures in this instruction to best achieve cost, schedule, and performance objectives.

d. Uses a data collection system (Federal Procurement Data System – Next Generation (FPDS-NG)) to provide management information with regard to each purchase of services by a DoD Component.

e. Incorporates and cancels Enclosure 9 of DoD Instruction (DoDI) 5000.02, (Reference (b)) in accordance with the authority in DoDD 5000.01 (Reference (c)).

2. APPLICABILITY

a. This instruction applies to:

(1) OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this instruction as the “DoD Components”).

(2) The acquisition of services from private sector entities by or for the DoD with a total estimated acquisition value in current year dollars at or above the simplified acquisition threshold (SAT) except those excluded in paragraph 2b of this section.

(3) The acquisition of all advisory and assistance services (A&AS) in support of research and development R&D or construction activities that are categorized within the knowledge based services portfolio group, as defined in Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)) memorandum (Reference (d)).

b. This instruction does not apply to:

(1) Services that are managed and reviewed as part of major and non-major defense acquisition programs and major and non-major information technology (IT) acquisition programs, services that meet the Major Automated Information Systems thresholds (to include software as a service), or non-major programs whose primary purpose is to provide capabilities, goods, or systems in accordance with Reference (b).

(2) Services listed in subpart 37.502 of the Federal Acquisition Regulation (Reference (e)).

(3) Classified, cryptologic, and intelligence projects and service activities, except to the extent practical at the discretion of senior officials and decision authorities.

(4) Services from DoD Federally Funded Research and Development Centers (FFRDCs), which are acquired in accordance with the management structure described in subpart 35.017 of Reference (e) and the DoD FFRDC Management Plan; and from DoD University Affiliated Research Centers (UARCs), which are acquired in accordance with the management structure described in the DoD UARC Management Plan (Reference (f)).

c. Exemptions from this instruction include:

(1) Service Acquisition Category (S-CAT) requirements, as outlined in Table 1, when in direct support of a declared overseas contingency or humanitarian or peacekeeping operations as defined in subpart 2.101 of Reference (e). This exemption will apply to the response and initial deployment phase, but will terminate as soon as practical based on conditions on the ground and a determination by the decision authority.

(2) All contracted services required to respond to and recover from an emergency or disaster directly supporting an emergency declaration or a major disaster declaration by the President. This exemption will apply to the response and initial recovery phase, but will terminate as soon as practical during the sustainment phase managing reconstruction and recovery efforts based on conditions on the ground and a determination by the decision authority.

Table 1. Acquisition of Services Categories

Category  Threshold1 Decision Authority
 Services Category I Any acquisition of services with an estimated total value of $1 billion or more than $300 million in any one year USD(AT&L) or designee, or Military Department Service Acquisition Executive (SAE) or designee
Special Interest2 As designated by the USD(AT&L)  USD(AT&L) or designee Services
Category II Acquisitions of services with an estimated total value of $250 million or more, but less than $1 billion USD(AT&L) or designee, or Military Department SAE or designee
Services Category III Acquisitions of services with an estimated total value of $100 million or more, but less than $250 million Senior Services Manager (SSM) or designee
Services Category IV Acquisitions of services with an estimated total value of $10 million or more, but less than $100 million SSM or designee
Service Category V Acquisitions of services with an estimated total value of the SAT or more, but less than $10 million SSM or designee
1 Dollar threshold determined based on the Independent Government Cost Estimate (IGCE) in current-year dollars.
2 The Special Interest designation is typically based on one or more of the following factors: technological complexity; congressional or administration interest; a large commitment of resources; or whether the program is critical to the achievement of a capability or set of capabilities, part of a system of systems, or a joint program.
3. POLICY

It is DoD policy that:

a. Acquisition of contracted services is a command responsibility: unit, organization, and installation commanders are responsible for the appropriate, efficient, and effective acquisition of contracted services by their organizations.

b. Contracted services, along with military and civilian manpower, are an element of the DoD’s Total Force. Contracted services are procured by means that are in the best interests of the DoD. Service contracts are entered into and managed in accordance with applicable laws, regulations, directives, and requirements.

c. The DoD Functional Domain Experts (FDEs) for services acquisition management of each service category will be appointed by the USD(AT&L) in order to provide effective strategic oversight of contract service acquisitions. Component Level Leads (CLLs) will be appointed by the Component heads to assist the FDE in actively overseeing the life-cycle process of contracted services acquisitions.

d. The DoD uses competitive procedures and incentive- and performance-based contracting to the maximum extent practical for the procurement of contracted services.

e. Each requirement for contracted services is reviewed and validated by the requiring activity authority in accordance with DoD Components procedures. (See Enclosure 5.)

f. The steps outlined in Figure 1 should be used to the maximum extent practical to ensure the use of proven, repeatable processes and procedures contributing to successful services acquisitions.

image

Figure 1. Seven Steps to the Service Acquisition Process and Key Deliverables

g. Services acquisitions will be managed to provide the greatest opportunity for the DoD to leverage small business capabilities and maximize competition.

h. Contractors should not be used to perform inherently governmental functions as outlined at subpart 7.5 of Reference (e); subpart 207.5 of the Defense Federal Acquisition Regulation Supplement (Reference (g)); section 2463 of Title 10, United States Code (U.S.C.) (Reference (h)); Office of Federal Procurement Policy Letter 11-01 (Reference (i)); and DoDI 1100.22 (Reference (j)). The reliance on contractors to perform functions that are critical or closely associated with inherently governmental functions will be limited and approved by exception only as outlined at subparts 7.503(d) and (e) of Reference (e).

i. Contractors should not be used to perform work currently performed by DoD civilians or work designated for performance by DoD civilians as outlined in Section 2461 of Reference (h).

j. The acquisition strategy for contracted services should provide incentives to industry to improve productivity and performance consistent with DoD objectives.

k. The government workforce acquiring and managing contracted services will be trained and experienced to acquire and manage acquisitions of contracted services in accordance with section 2330 (a)(1)(B)(ii) of Reference (h).

l. All acquisitions of IT services, regardless of acquisition of services category, are subject to subtitle III, of Title 40, U.S.C. (Reference (k)). For all acquisitions of IT services, decision authorities and chief information officers (CIOs) will ensure that that acquisition strategy and related planning address the relevant aspects of Reference (k) before contract award. (See Enclosure 7 for IT Services guidance.)

m. Existing federal government contracts available for use within the DoD, including interagency and federal strategic sourcing initiatives, should be used to the maximum extent practical before awarding new contracts.

n. The acquisition strategy and acquisition plan for contracted services will provide appropriate mechanisms to identify and manage intellectual property issues to allow industry a fair and reasonable return on investment, but avoid vendor lock, and enable the competitive and cost-effective transition to follow-on service providers. Where competition is determined not to be feasible or practical, acquisition strategies and plans will incorporate processes to generate improved performance or cost savings with the sole source vendor, such as incentives and performance metrics.

o. DoD managers will use “should cost” analysis and establish cost reduction targets.

4. RESPONSIBILITIES

See Enclosure 2.

5. PROCEDURES. See Enclosures 3-7.

a. Enclosure 3 outlines the oversight responsibilities when acquiring contracted services to support DoD requirements.

b. Enclosure 4 outlines the key management roles and responsibilities when acquiring contracted services to support DoD requirements.

c. Enclosure 5 establishes a process for developing, analyzing, reviewing, and validating requirements for the acquisition of contracted services, as required by section 2330 of Reference (g).

d. Enclosure 6 establishes data collection requirements and reporting requirements to support annual updates to the senior officials and FDEs and the annual reporting requirements under the Inventory of Contracts for Services (ICS) of Reference (h).

e. Enclosure 7 provides acquisition considerations for IT services. IT services include providing the operation, support, and maintenance of IT and may include providing commercial or military unique IT equipment with the services.

6. INFORMATION COLLECTION REQUIREMENTS. The Annual ICS in Reference (h), referred to in Enclosure 6 and throughout this instruction, has been assigned report control symbol DD-AT&L(A)2576 in accordance with the procedures in Volume 1 of DoD Manual 8910.01 (Reference (l)).

7. RELEASABILITY. Cleared for public release. This instruction is available on the Internet from the DoD Issuances Website at http://www.dtic.mil/whs/directives.

8. EFFECTIVE DATE. This instruction is effective January 5, 2016.