Overview
This section establishes the mandatory conditions and certification requirements for nondefense agencies conducting acquisitions exceeding the simplified acquisition threshold on behalf of the Department of Defense (DoD). It ensures that interagency transactions adhere to both general federal procurement laws and specific DoD-unique regulations.
Key Rules
- Annual Certification: A nondefense agency can only conduct acquisitions for the DoD (above the simplified acquisition threshold) if the agency head certifies annually that they will comply with all applicable procurement requirements.
- Scope of Compliance: Compliance includes adherence to the FAR, DFARS, DoD financial management regulations, DoD class deviations, and the DFARS Procedures, Guidance, and Information (PGI).
- Submission Deadline: Nondefense agencies must submit their compliance certifications to the Principal Director, Defense Pricing and Contracting (DPC) within 30 days of the start of each fiscal year.
- Mandatory Disclosures: DoD acquisition officials must provide the nondefense contracting officer with all DoD-unique terms, conditions, and statutes; if none exist beyond the FAR, the DoD official must confirm this in writing.
- Waiver Authority: The Under Secretary of Defense for Acquisition and Sustainment may waive the certification requirement if it is determined to be in the interest of the DoD for a specific fiscal year.
Practical Implications
- Regulatory Due Diligence: DoD officials cannot simply transfer funds to a civilian agency without first verifying that the agency has a valid certification on file with the DPC.
- Enforcement of DFARS Standards: Nondefense contracting officers are legally responsible for applying defense-specific rules (like DFARS) to these orders, meaning civilian personnel must be familiar with DoD-specific procurement nuances to execute these contracts successfully.