USACE Acquisition Instruction (UAI)

UAI 5112.302 Tailoring of provisions and clauses for the acquisition of commercial items. SUBPART 5112.70 – LIMITATION ON CONVERSION OF PROCUREMENT FROM COMMERCIAL ACQUISITION PROCEDURES UAI 5112.7001 - Procedures UAI PART 5113 – SIMPLIFIED ACQUISITION PROCEDURES SUBPART 5113.2 – ACTIONS AT OR BELOW THE MICRO-PURCHASE THRESHOLD UAI 5113.201 General. UAI 5113.270 Use of the Government-wide commercial purchase card. SUBPART 5113.5 – SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS UAI 5113.501 Special documentation requirements. UAI PART 5114 – SEALED BIDDING SUBPART 5114.2 – SOLICITATION OF BIDS UAI 5114.201 Preparation of Invitation for Bids UAI 5114.201-1 Uniform contract format. UAI 5114.201-7 Contract clauses. SUBPART 5114.4 – OPENING OF BIDS AND AWARD OF CONTRACT UAI 5114.407 Mistakes in bids. UAI 5114.407-3 Other mistakes disclosed before award. UAI 5114.407-4 Mistakes after award. UAI PART 5115 – CONTRACTING BY NEGOTIATION SUBPART 5115.2 – SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION UAI 5115.204 Contract Format. SUBPART 5115.3 – SOURCE SELECTION UAI 5115.300-100 Scope of subpart. UAI 5115.303 Responsibilities. UAI 5115.304-100 Evaluation factors and significant subfactors. UAI 5115.371 Only one offer. UAI 5115.371-5 Waiver. SUBPART 5115.4 – CONTRACT PRICING UAI 5115.403 Obtaining certified cost or pricing data. UAI 5115.403-3 Requiring data other than certified cost or pricing data. UAI 5115.404 Proposal analysis. UAI 5115.404-1 Proposal analysis techniques. UAI 5115.404-4 Profit. UAI 5115.404-73 Alternate structured approaches. UAI 5115.407 Special cost or pricing areas. UAI 5115.407-3 Forward pricing rate agreements. UAI 5115.407-4 Should-cost review. SUBPART 5115.5 – PREAWARD, AWARD, AND POSTAWARD NOTIFICATIONS, PROTESTS, AND MISTAKES UAI 5115.504 Award to successful offeror. UAI PART 5116 – TYPES OF CONTRACTS SUBPART 5116.3 – COST-REIMBURSEMENT CONTRACTS UAI 5116.301-3 Limitations. SUBPART 5116.4 – INCENTIVE CONTRACTS UAI 5116.401 General. SUBPART 5116.5 – INDEFINITE-DELIVERY CONTRACTS UAI 5116.504 Indefinite-Delivery Contracts. UAI 5115.505 Ordering. UAI 5116.505-100 Ombudsman. SUBPART 5116.6 – TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS UAI 5116.603 Letter Contracts. UAI 5116.603-2 Application. UAI 5115.603-3 Limitations. PART 5117 – SPECIAL CONTRACTING METHODS SUBPART 5117.1 – MULTIYEAR CONTRACTING UAI 5117.106 Procedures. UAI 5117.106-3 Special procedures applicable to DoD, NASA, and the Coast Guard. UAI 5117.172 Multiyear contracts for supplies. UAI 5117.174 Multiyear contracts for electricity from renewable energy sources. SUBPART 5117.2 – OPTIONS UAI 5117.200 Scope of subpart. UAI 5117.202 Use of options. UAI 5117.204 Contracts. UAI 5117.208 Solicitation provisions and contract clauses. SUBPART 5117.7 – INTERAGENCY ACQUISITIONS: ACQUISITIONS BY NONDEFENSE AGENCIES ON BEHALF OF THE DEPARTMENT OF DEFENSE UAI 5117.770 Procedures. SUBPART 5117.74 – UNDEFINITIZED CONTRACT ACTIONS UAI 5117.7404 Limitations. UAI 5117.7404-1 Authorization. UAI 5117.7404-6 Allowable profit. UAI 5117.7405 Plans and reports. UAI 5117.7406 Contracts Clauses. SUBPART 5117.75 – ACQUISITION OF REPLENISHMENT PARTS UAI 5117.7504 Acquisition of parts when data is not available. UAI 5117.7505 Limitations on price increases. UAI PART 5118 – EMERGENCY ACQUISITIONS SUBPART 5118.201 - EMERGENCY ACQUISITION FLEXIBILITIES UAI 5118.201 Contingency operation. UAI 5118.202 Defense or recovery from certain events. UAI 5118.203-100 HCA Determination to use Emergency Acquisition Flexibilities UAI PART 5119 – SMALL BUSINESS PROGRAMS SUBPART 5119.2 - POLICIES UAI 5119.201 General policy. UAI 5119.202 Specific policies. UAI 5119.202-1 Encouraging small business participation in acquisitions. SUBPART 5119.5 – SET-ASIDES FOR SMALL BUSINESS UAI 5119.502 Setting aside acquisitions. UAI 5119.502-3 Partial set-asides. UAI 5119.505 Rejecting SBA recommendations. SUBPART 5119.13 – HISTORICALLY UNDERUTILIZED BUSINESS ZONE (HUBZone) PROGRAM UAI 5119.1305 HUBZone set-aside procedures. SUBPART 5119.14 – SERVICE-DISABLED VETERAN-OWNED BUSINESS SMALL BUSINESS PROCUREMENT PROGRAM UAI 5119.1405 Service-disabled veteran-owned small business set-aside procedures. UAI PART 5120 – RESERVED UAI PART 5121 – RESERVED UAI PART 5122 – APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS SUBPART 5122.1 – BASIC LABOR POLICIES UAI 5122.101 Labor relations. UAI 5122.101-1 General. UAI 5122.101-3 Reporting labor disputes. UAI 5122.101-3-70 Impact of labor disputes on defense programs. SUBPART 5122.3 – CONTRACT WORK HOURS AND SAFETY STANDARDS ACT UAI 5122.302 Liquidated damages and overtime pay. SUBPART 5122.4 LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION UAI 5122.406 Policy UAI 5122.406-13 Semiannual enforcement reports. UAI 5122-407 Solicitation provision and contract clauses. SUBPART 5122.5 – USE OF PROJECT LABOR AGREEMENTS ON FEDERAL CONSTRUCTION PROJECTS UAI 5122.503-100 Policy. SUBPART 5122.8 – EQUAL EMPLOYMENT OPPORTUNITY UAI 5122.805 Procedures. SUBPART 5122.13 – EQUAL OPPORTUNITY FOR VETERANS UAI 5122.1302-100 Scope of subpart. UAI PART 5123 – ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE SUBPART 5123.1 – SUSTAINABILITY ACQUISITION POLICY UAI 5123.103-100 Sustainable acquisition. SUBPART 5123.2 – ENERGY AND WATER EFFICIENCY AND RENEWABLE ENERGY UAI 5123.204 Procurement exemptions. SUBPART 5123.3 – HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA UAI 5123.370 Safety precautions for ammunition and explosives. UAI 5123.370-4 Procedures. UAI PART 5124 – PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION SUBPART 5124.1 – PROTECTION OF INDIVIDUAL PRIVACY UAI 5124.103 Procedures. SUBPART 5124.2 – FREEDOM OF INFORMATION ACT UAI 5124.203 Policy. UAI PART 5125 – FOREIGN ACQUISITION SUBPART 5125.1 – BUY AMERICAN - SUPPLIES UAI 5125.103 Exceptions. SUBPART 5125.2 – BUY AMERICAN – CONSTRUCTION MATERIALS UAI 5125.202 Exceptions. SUBPART 5125.3 – CONTRACTS PERFORMED OUTSIDE THE UNITED STATES UAI 5125.302 Contracting reachback in support of forward districts operating in OCO within CENTCOM. SUBPART 5125.4 – TRADE AGREEMENTS UAI 5125.403 World Trade Organization Government Procurement Agreement and Free Trade Agreements. SUBPART 5125.6 – AMERICAN RECOVERY AND REINVESTMENT ACT – BUY AMERICAN NON-COMMERCIAL ITEM PURCHASE FINANCING UAI 5125.603 Exceptions. SUBPART 5125.8 – OTHER INTERNATIONAL AGREEMENTS AND COORDINATION UAI 5125.870 Contracting with Canadian contractors. UAI 5125.870-4 Contracting procedures. SUBPART 5125.70 – AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN ACQUISITIONS UAI 5125.7008 Waiver of restrictions of 10 U.S.C. 2534. UAI PART 5126 – RESERVED UAI PART 5127 – PATENTS, DATA, AND COPYRIGHTS SUBPART 5127.4 – RIGHTS IN DATA AND COPYRIGHTS UAI 5127.404-5 Unauthorized, omitted, or incorrect markings. SUBPART 5127.70 – INFRINGEMENT CLAIMS, LICENSES, AND ASSIGNMENTS UAI 5127.7004 Requirements for filing an administrative claim for patent infringement. UAI 5127.7103-1 Policy. UAI PART 5128 – BONDS AND INSURANCE SUBPART 5128.1 – BONDS AND OTHER FINANCIAL PROTECTIONS UAI 5128.105 Other types of bonds. UAI 5128.106 Administration. UAI 5128.106-2 Substitution of surety bonds. SUBPART 5128.3 – INSURANCE UAI 5128.305-100 Overseas workers' compensation and war-hazard insurance. UAI 5128.311 Solicitation provision and contract clause on liability insurance under cost- reimbursement contracts. UAI 5128.311-1 Contract clause. UAI 5128.370 Additional clauses. UAI PART 5129 – TAXES SUBPART 5129.2 – FEDERAL EXCISE TAXES UAI 5129.201 General. UAI PART 5130 – RESERVED UAI PART 5131 – CONTRACT COST PRINCIPLES AND PROCEDURES SUBPART 5131.1 – APPLICABILITY DoD Class Deviation 2011-O0006, Utilities Privatization. UAI 5131.105 Construction and architect-engineer (A-E) contracts. UAI PART 5132 – CONTRACT FINANCING SUBPART 5132.7 – CONTRACT FUNDING UAI 5132.702 Policy. UAI 5132.702-100 Class Deviation from AFARS 5132.702 - Signed Statement from the Comptroller Formerly Used Defense Sites (FUDS) Program. UAI 5132.705 Contract clauses. SUBPART 5132.9 – PROMPT PAYMENT UAI 5132.901 Applicability. UAI PART 5133 – PROTESTS, DISPUTES, AND APPEALS SUBPART 5133.1 – PROTESTS UAI 5133.102 General. UAI 5133.102-100 General. UAI 5133.103 Protests to the agency. UAI 5133.103-90 Annual agency bid protest report. UAI 5133.103-100 Protests to the agency. UAI 5133.104 Protests to GAO. UAI 5133.104-100 Protests to GAO. UAI 5133.190-100 Contracting officer’s reports on GAO and agency protests. UAI 5133.190-1-100 Bid protest action report. SUBPART 5133.2 – DISPUTES AND APPEALS UAI 5133.204 Policy. UAI 5133.204-100 Policy. UAI 5133.206 Initiation of a Claim. UAI 5133.207 Contractor Certification; Office of Counsel Involvement. UAI 5133.209 Suspected Fraudulent Claims. UAI 5133.211 Contracting Officer’s Decision. UAI 5133.211-100 Contracting Officer’s Final Decision. UAI 5133.212 Contracting Officer’s duties upon appeal. UAI 5133.212-91 Notice of appeal. UAI 5133.212-92 Comprehensive report to the Engineer Chief Trial Attorney UAI 5133.212-93 Review of appeal. UAI 5133.212-96 Disposition. UAI 5133.213 Obligation to continue performance. UAI 5133.215 Contract clauses. UAI PART 5134 – RESERVED UAI PART 5135 – RESEARCH AND DEVELOPMENT CONTRACTING UAI 5135.015 Contracts for research with educational institutions and nonprofit organizations. UAI 5135.015-70 Special use allowances for research facilities acquired by educational institutions. UAI PART 5136 – CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS SUBPART 5136.1 – GENERAL UAI 5136.104 Policy. SUBPART 5136.2 – SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION UAI 5136.201 Evaluation of contractor performance. UAI 5136.203 Government estimate of construction costs. UAI 5136.203-100 Government estimate for Civil Works construction contracts. UAI 5136.205-100 Statutory cost limitations – Civil Works contracts. UAI 5136.205-101 Cost limitations – Military construction contracts. UAI 5136.208 Concurrent performance of firm-fixed price and other types of construction contracts. UAI 5136.209 Construction contracts with A-E firms. UAI 5136.213 Special procedures for sealed bidding in construction contracting. UAI 5136.213-2 Pre-solicitation notices. UAI 5136.272 Prequalification of sources. SUBPART 5136.3 – TWO-PHASE DESIGN-BUILD SELECTION PROCEDURES UAI 5136.301 Use of two-phase design-build selection procedures. UAI 5136.303-100 Procedures. UAI 5136.303-1-100 Phase One. UAI 5136.303-100 Procedures. SUBPART 5136.5 – CONTRACT CLAUSES UAI 5136.570 Additional provisions and clauses. UAI 5136.570-100 Additional solicitation provisions and contract clauses. SUBPART 5136.6 – ARCHITECT-ENGINEER SERVICES UAI 5136.601-3-100 Applicable contracting procedures. UAI 5136.601-3-90-100 Limitations. UAI 5136.602 Selection of firms for A-E contracts. UAI 5136.602-1 Selection criteria. UAI 5136.602-3 Evaluation board functions. UAI 5136.602-4 Selection authority. UAI 5136.602-5 Short selection process for contracts not to exceed the simplified acquisition threshold. UAI 5136.609 Contract clauses. UAI 5136.609-1 Design within funding limitations. UAI PART 5137 – SERVICE CONTRACTING SUBPART 5137.1 – SERVICE CONTRACTS – GENERAL UAI 5137.104 Personal services contracts. UAI 5137.113 Severance payments to foreign nationals. UAI 5137.113-1 Waiver of cost allowability limitations. UAI 5137.170 Approval of contracts and task orders for services. UAI 5137.170-2 Approval requirements. SUBPART 5137.2 – ADVISORY AND ASSISTANCE SERVICES UAI 5137.204 Guidelines for determining availability of personnel. SUBPART 5137.5 – MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS UAI 5137.590 Scope of section. UAI 5137.590-3 Review thresholds. UAI 5137.590-100 Management and oversight of service contracts. SUBPART 5137.74 – SERVICES AT INSTALLATIONS BEING CLOSED UAI 5137.7401 Policy. UAI PART 5138 – RESERVED UAI PART 5139 – ACQUISITION OF INFORMATION TECHNOLOGY SUBPART 5139.1 – GENERAL UAI 5139.101 Policy. UAI 5139.101-90 Policy. UAI 5139.101-90-100 USACE Policy. UAI PART 5140 – RESERVED UAI PART 5141 – ACQUISITION OF UTILITY SERVICES SUBPART 5141.2 – ACQUIRING UTILITY SERVICES UAI 5141.202 Procedures. UAI 5141.204 General Services Administration (GSA) area-wide contracts. UAI PART 5142 – CONTRACT ADMINISTRATION AND AUDIT SERVICES SUBPART 5142.2 – ASSIGNMENT OF CONTRACT ADMINISTRATION UAI 5142.202 Assignment of contract administration. SUBPART 5142.3 – CONTRACT ADMINISTRATION OFFICE FUNCTIONS UAI 5142.302 Contract administration functions. UAI 5142.302(S-75) Monitoring contractor costs. SUBPART 5142.15 – CONTRACTOR PERFORMANCE INFORMATION UAI 5142.1502 Policy. UAI 5142.1502-100 USACE roles and responsibilities for Contractor Performance Assessment Reporting System (CPARS). UAI 5142.1503 Procedures. UAI 5142.1503-90 Policy. SUBPART 5142.71 – VOLUNTARY REFUNDS UAI 5142.7100 General. UAI PART 5143 – CONTRACT MODIFICATIONS SUBPART 5143.2 – CHANGE ORDERS UAI 5143.204 Administration. UAI 5143.204-70 Definitization of change orders. UAI 5143.204-70-6 Allowable profit. UAI 5143.204-70-100 Policy. UAI PART 5144 – RESERVED UAI PART 5145 – GOVERNMENT PROPERTY SUBPART 5145.1 – GENERAL UAI 5145.102 Policy. SUBPART 5145.3 – AUTHORIZING THE USE AND RENTAL OF GOVERNMENT PROPERTY UAI 5145.301 Use and rental. UAI PART 5146 – QUALITY ASSURANCE SUBPART 5146.4 – GOVERNMENT CONTRACT QUALITY ASSURANCE UAI 5146.401 General. SUBPART 5146.7 – WARRANTIES UAI 5146.710 Contract clauses. UAI PART 5147 – TRANSPORTATION SUBPART 5147.5 – OCEAN TRANSPORTATION BY U.S.-FLAG VESSELS UAI 5147.574 Solicitation provisions and contract clauses. UAI PART 5148 – VALUE ENGINEERING SUBPART 5148.1 – POLICIES AND PROCEDURES UAI 5148.102 Policies. UAI 5148.104 Sharing arrangements. UAI 5148.104-3 Sharing collateral savings. SUBPART 5148.2 – CONTRACT CLAUSES UAI 5148.202 Clause for construction contracts. UAI PART 5149 – RESERVED UAI PART 5150 – RESERVED UAI PART 5151 – RESERVED UAI PART 5152 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES UAI 5152.232-9001 Continuing Contracts – Special Continuing Contracts for Civil Works Projects Managed by the United States Army Corps of Engineers (Deviation). UAI 5152.236-9011 Design-Build Construction Contracts. UAI APPENDICES UAI Appendix A - Delegations of Authority (https://usace.dps.mil/sites/KMP-CTP/USACEAcquisitionInstructionUAIOfficialandUSACEDesk/Forms/AllItems.aspx) USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI – PART 5101 FEDERAL ACQUISITION REGULATION SYSTEM (Revised 18 June 2024) Subpart 5101.1 – Purpose, Authority, Issuance UAI 5101.101 Purpose. The U.S. Army Corps of Engineers (USACE) Acquisition Instruction (UAI) implements the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and Army Federal Acquisition Regulation Supplement (AFARS) to establish standard processes for USACE acquisition. The UAI is not a stand-alone document, and it is intended to be used in conjunction with other regulatory guidance. The UAI is intended to promote good business judgment and innovation. UAI 5101.103 Authority. In accordance with (IAW) UAI 5101.304, the USACE Head of the Contracting Activity (HCA) exercises the authority to issue the UAI. UAI 5101.104 Applicability. The UAI applies to all USACE Districts, Centers, and activities operating under the authority of the USACE HCA. All changes to this document apply to new solicitations issued after date signed. UAI 5101.105 Issuance. UAI 5101.105-3 Copies. The UAI is available electronically via the Intranet at https://usace.dps.mil/sites/KMP-CTP. UAI 5101.170 Peer reviews. (c) Peer Review Thresholds. Preaward peer reviews for competitive and noncompetitive procurements. (1) The Senior Contracting Official (SCO) is delegated the authority under AFARS 5101.170 to chair a Solicitation Review Board (SRB) and a Contract Review Board (CRB) for competitive procurements valued at $100 million or more but less than $1 billion and for noncompetitive procurements valued at $50 million or more but less than $1 billion. (2) The Chief of Contracting Office (CoCO) is delegated the authority under AFARS 5101.170 to chair a SRB and a CRB for competitive procurements valued at $50 million or more but less than $100 million. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (v) Independent Management Reviews (IMRs) (formerly Postaward peer reviews) of contracts for services valued at less than $1 billion. (b) At least once during the period of performance the SCO will conduct an IMR of contracts for services valued at $100 million or more but less than $1 billion. As per AFARS 5101.170, the SCO will provide the Senior Services Manager (SSM) a summary report no later than 45 days after completion of the review; for details of content and submission, see AFARS 5101.170. (d) USACE peer reviews. (1) Objectives of USACE peer reviews. The objectives of peer reviews are to – (i) Ensure that USACE acquisition personnel enter into a sound business arrangement, (ii) Improve the quality of contracting processes throughout USACE, and (iii) Facilitate sharing of best practices and lessons learned throughout USACE. (2) Policy. Peer reviews are independent reviews conducted outside the purview of the Center/District Project Delivery Team (PDT) of the particular action being reviewed. The peer review should be a multi-functional team comprised of senior level experts, which at a minimum, include representatives from the acquisition center, small business office, office of counsel, requirements community and in the case of non- competitive actions, the competition advocate. While legal counsel participates in the peer review process, separate legal sufficiency reviews are required IAW AFARS 5101.602-2-90. (3) Peer review members. (i) CoCO peer reviews. The CoCO will establish the peer review participants. The Center/District Business Oversight Branch (BOB) will coordinate the Source Selection Team (SST) members requested as attendees at the peer review meeting. The attendees will include, at a minimum, the contracting officer, Technical Evaluation Team Lead (as applicable), Price Evaluation Team Lead/Price or Cost Evaluator (as applicable), Counsel, and the Source Selection Evaluation Board (SSEB) Chair. The Source Selection Authority (SSA) will be invited to attend the peer review meeting but is not required. If the SSA does not attend the peer review meeting, the peer review team will provide a debriefing to the SSA upon request. The CoCO may not chair a peer review when also serving as the Source Selection Authority (SSA) or on the Source Selection Advisory Council (SSAC). In such cases where the CoCO is the SSA or serves on the SSAC, the SCO retains authority to chair the peer review. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (ii) SCO peer reviews. The SCO will establish the peer review participants. The SCO analyst will confirm the peer review participants with the Center/District Business Oversight Branch (BOB), and the Center/District BOB will coordinate the SST members requested as attendees at the peer review meeting. The attendees will include, at a minimum, the contracting officer, Technical Evaluation Team Lead (as applicable), Price Evaluation Team Lead/Price or Cost Evaluator (as applicable), Counsel, and Source Selection Evaluation Board (SSEB) Chair. The Source Selection Authority (SSA) will be invited to attend the peer review meeting but is not required. If the SSA does not attend the peer review meeting, the peer review team will provide a debriefing to the SSA upon request. For more information on peer reviews, see DFARS 201.170 and AFARS 5101.170. (4) Notification of peer review cancellation. In the event that it becomes necessary to cancel a peer review valued at $100 million or greater, the Center/District BOB will document the justification in a memorandum to the SCO. The memorandum shall be submitted as soon as the cancellation becomes known. (5) Waivers. Only the peer review chair with commensurate authority identified at UAI 5101.170(c) may waive the peer review. Each peer review waived shall have a written waiver signed by the Peer Review Chair. The waiver shall be part of the contract file. (6) Peer review required documents and elements, suggested questions, tenets and toolkits. See USACE Desk Guide (UDG) 5101.170 for more information on peer review required documents, elements, questions, tenets, and toolkits. UAI 5101.170-100 Compliance Reviews. The requirement for a peer review does not eliminate the requirement for a compliance review. The Procuring Contracting Officer (PCO) shall ensure that a compliance review is conducted on every contract action, regardless of the dollar amount. If a peer review is required, the compliance review shall be conducted prior to the peer review. The compliance review comments and peer review comments shall be documented in two separate reports and uploaded as final in the Paperless Contract File (PCF). All acquisition personnel are encouraged to use Compliance Checklists to available at https://usace.dps.mil/sites/KMP- CTP/ContractingOfficerComplianceReviewChecklist/Forms/All Documents.aspx under USACE Templates, Forms, and Checklists. Subpart 5101.2 – Administration UAI 5101.201-100 Maintenance of the UAI. (a) The UAI will be maintained by the Policy Division. Recommendations for changes to the UAI are encouraged and should be submitted to the Policy Division via email (HQCECT‐PolicyMailbox@usace.army.mil) with the subject “UAI Revision.” USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (b) The UAI will be posted on the Policy Division SharePoint site, divided into the regulatory parts. Real-time updates to the UAI will reflect the date of the revision. The HQ USACE Directorate of Contracting, Policy Division will issue notices of UAI revisions to the USACE contracting enterprise and acquisition community. UAI 5101.290 Routing documents and mailing addresses. (a)(1) The HCA retains the authority under AFARS 5101.290(a)(1) to concur on all procurement document packages submitted for Headquarters, Department of the Army (HQDA) review, coordination, and/or approval. UAI 5101.290-100 USACE Acquisition review and approval process. See UDG 5101.290 for the HQ USACE Acquisition Review and Approval Process flowchart. Subpart 5101.3 – Agency Acquisition Regulations UAI 5101.303 Publication and codification. (a)(ii) To the extent possible, the UAI text is numbered IAW the FAR, DFARS, and AFARS. Numbered divisions of the UAI with a suffix in the "100" series (e.g., 1.601- 100) contain subject matter related to, but not contained in the FAR, DFARS, or AFARS numbered division. Omission from the UAI of a numbered division that appears in FAR, DFARS or AFARS denotes that there is no additional guidance provided in the UAI. UAI 5101.304 Agency control and compliance procedures. The HCA retains the authority under DFARS 201.304 to develop, coordinate, issue, and maintain the UAI, and UDG. Subpart 5101.4 – Deviations from the FAR UAI 5101.403 Policy. (1) For deviations requiring higher headquarters approval, or publication in the Federal Register, the contracting officer shall submit the request to the SCO, with a copy furnished to the Policy Division email address (HQCECT‐ PolicyMailbox@usace.army.mil), for review, coordination, and staffing. Subpart 5101.6 – Career Development, Contracting Authority and Responsibilities UAI 5101.602 Contracting officers. UAI 5101.602-2 Responsibilities. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI 5101.602-2-90 Legal coordination. (b) Each contract action with a total estimated absolute value of $500,000 or greater shall be reviewed by Office of Counsel for legal sufficiency prior to issuance. This legal sufficiency review process shall be documented in the contract file. The contracting officer may request legal sufficiency review for actions at any dollar value and may request advice from Office of Counsel; however, the contracting officer retains sole authority to determine matters that relate to the exercise of business judgment. (c) Regardless of dollar value, Office of Counsel shall provide written support of legal sufficiency for the following: (1) Acceptance or rejection of late bids, (2) Bonds and other financial protections under FAR 28.1 and 28.2, including, but not limited to, corporate surety bonds, individual sureties, consents of surety, substitution of sureties, and alternate payment protections in lieu of corporate or individual sureties, (3) Assignment of claims, (4) Bid mistakes, (5) Bid/proposal irregularities, (6) Buy America Act/Balance of Payment Program issues, (7) Competitive range determinations, or any other time a contractor is eliminated from competition (e.g. 2-Phase DB down-select decisions or pre-qualification decisions), (8) Suspension of work or stop work orders and liquidated damages assessments, (9) Justifications and Approvals (J&As) (includes FAR Section 8.405-6 --Limited Source Justification, FAR subpart 16.5 – Exceptions to Fair Opportunity, and actions which limit competition (FAR Part 13)), (10) Determinations and Findings, (11) Requests for deviation from the FAR, DFARS, or AFARS, (12) Non‐responsiveness determination, USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (13) Novation agreements, (14) Ratification and Non-Ratifiable contract implied-in-fact quantum meruit actions, (15) Contracting officer response to requests for Letters of Recommendation for contractors, (16) Rejection of all bids, cancellation of IFBs, or conversion of IFB to RFP, (17) Reassignment of claims, (18) Tax/duty issues, (19) Terminations, Surety Takeover, or Surety Tender, (20) Unacknowledged amendments, (21) Determination to incorporate any FAR clause following award, including the FAR clause 52.217-8, Option to Extend Services, if the clause was not incorporated at the time the solicitation was issued, (22) Any other decision that, in the independent judgment of the contracting officer, may lead to a protest, dispute, or appeal under FAR Part 33. General examples where this may occur include unilateral modifications, responses to requests for equitable adjustments (REAs), etc., (23) Cure notices and show cause notices, (24) Use of any non-standard contract release language, (25) Allegations of subcontractor non-payment, and (26) Unsuccessful offeror notices and written debriefing, including enhanced debriefing responses and redacted Source Selection Decision Documents released in accordance with DFARS 215.506, 215.506-70, and 216.505(b)(6)(ii). (d) Differences between the contracting officer and Office of Counsel as to legal sufficiency that cannot be satisfactorily resolved within the Center/District shall be referred to the SCO, in consultation with SCO Office of Counsel, for resolution. UAI 5101.602-2-92 Ordering officer appointments. (b) Appointment and termination authority. The contracting officer is the appointing authority; however, the CoCO must first approve the ordering officer’s qualifications. It USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 is essential that the qualification decisions appropriately consider the technical knowledge, training, and experience commensurate with what is being acquired via the contract, as well as the business acumen and judgment of the individual. Ordering officers should have at a minimum the training of a Type A contracting officer’s representative (COR). See UDG 5101.604 and DoDI 5000.72 for the COR Certification and Training Requirements. (6) Ordering officer appointments should be used by exception in the execution of the contracting mission. The CoCO and contracting officer must exercise sound business judgment in determining the need for such appointments. Conditions that may lend themselves to appointing ordering officers are: (i) The scope of work to be executed is for specific, non-complex, repetitive requirements (e.g., mowing and janitorial services, sand/gravel supply orders, painting, roofing, etc.); and (ii) The ordering officer is issuing orders for quantities placed against bid schedules with pre-priced line items. (e) Annual ordering officer file review. Contracting officers shall ensure a review of all ordering officers’ files are conducted at least annually. If the period of performance is less than 12 months, the review should be conducted at least once during the performance period. A copy will be provided to the individual and their supervisor. The annual reviews required by AFARS 5101.602-2-92(c)(2) shall be documented on ENG Form 6262, Ordering Officer Annual File Surveillance Checklist, and filed in the PCF or include a cross reference in PCF to the electronic location of where the completed checklist is retained. UAI 5101.602-3 Ratification of unauthorized commitments. (b) Policy. (1)(A) The HCA retains the authority under AFARS 5101.602-3(b)(3) to ratify unauthorized commitments above $100,000 and may delegate this authority in accordance with AFARS Appendix GG. (B) The SCO is delegated the authority in accordance with AFARS Appendix GG to ratify unauthorized commitments greater than $10,000 but less than or equal to $100,000. This authority may not be further delegated. (C) The CoCO is delegated the authority in accordance with AFARS Appendix GG to ratify unauthorized commitments $10,000 or less. (2) See UDG Attachment 7 for the ENG Form 6120 Request for Approval of Unauthorized commitment (UAC) form. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI 5101.602-100 Quantum meruit. (a) Policy. (1) The HCA retains the authority to ratify implied-in-fact quantum meruit determinations above $100,000. This authority may not be further delegated. (2) The SCO is delegated the authority to ratify implied-in-fact quantum meruit determinations greater than $10,000 but less than or equal to $100,000. This authority may not be further delegated. (3) The CoCO is delegated the authority to ratify implied-in-fact quantum meruit determinations of $10,000 or less. (4) The U.S. Army Corps of Engineers procedures regarding payment for work performed, if found to be contracts implied-in-fact, may properly be considered under the theory of quantum meruit and payment authorized by the Contracting Officer under the Contract Disputes Act (CDA) claims settlements authority. (5) See UDG Attachment 6, Quantum Meruit Guidance and Checklist. UAI 5101.603 Selection, appointment, and termination of appointment for contracting officers. UAI 5101.603-1 General. (3)(i) The SCO is delegated the authority under AFARS 5101.603-1(3) to select, appoint, and terminate contracting officers; this authority may not be further delegated. (1) The SCO is delegated the authority under Section 4001 (formerly 2358) of Title 10 U.S. Code, delegated to the HCA via the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) (ASA(ALT)) Delegation of Authority Memorandum, to select and appoint warranted agreement officers (grant officers) to engage in basic research, applied research, advanced research, and development projects that are necessary in the field of research and development and that either relate to weapon systems and other military needs or are of potential interest to the Department of Defense (DoD), by means of contract, cooperative agreement, or grant. This delegation is effective 29 April 2022. Actions under this delegation shall comply with the limitations specified in the ASA(ALT) delegation. This delegation does not apply to transactions for prototype projects awarded under the authority of section 4022 (formerly 2371b) of Title 10, U.S. Code. Further delegation is authorized only to warranted agreements officers supporting actions using this authority. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (2) The SCO is delegated the authority under Section 4021 (formerly 2371) of Title 10 U.S. Code, delegated to the HCA via the ASA(ALT) Delegation of Authority Memorandum, to select and appoint agreement officers (grant officers) to enter into transactions (other than contracts, cooperative agreements, and grants) under this section in carrying out basic, applied, and advanced research projects. This delegation is effective 25 August 2017. Actions under this delegation shall comply with the limitations specified in the ASA(ALT) delegation. This delegation does not apply to transactions for prototype projects awarded under the authority of section 4022 (formerly 2371b) of Title 10, U.S. Code. Further delegation is authorized only to warranted agreements officers supporting actions using this authority. (3) The SCO is delegated the authority under Section 4022 (formerly 2371b) of Title 10, U.S. Code, delegated to the HCA via the ASA(ALT) Delegation of Authority Memorandum, to carry out prototype projects that are directly relevant to enhancing the mission effectiveness of military personnel and the supporting platforms, systems, components, or materials proposed to be acquired or developed by the DoD, or to improvement of platforms, systems, components, or materials in use by the Armed Forces. The SCO is delegated authority to approve a prototype project, and any follow- on production contract or transaction awarded under subsection 4022 (formerly 2371b(f)), that is expected to cost the DoD $100,000,000 or less (including all options), subject to the provisions, conditions, and limitations in section 4022 (formerly 2371b). This delegation is effective 3 November 2021. Actions under this delegation shall comply with the limitations specified in the ASA(ALT) delegation. This authority may not be delegated. (4) The SCO is delegated the authority under Section 2684a of Title 10 U.S. Code, delegated to the HCA via the ASA(ALT) Delegation of Authority Memorandum, to select and appoint agreement officers (grant officer) to enter into an agreement for purposes of: (1) limiting any development or use of the property that would be incompatible with the mission of the installation; (2) preserving habitat on the property in a manner that: (A) is compatible with environmental requirements; and (B) may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on the installation; or (3) protecting Clear Zone Areas from use or encroachment that is incompatible with the mission of the installation. The delegation is effective 17 July 2017. Actions under this delegation shall comply with the limitations specified in the ASA(ALT) delegation. Further delegation is authorized only to warranted agreements officers supporting actions using this authority. (5) The SCO is delegated the authority under Section 2701d of Title 10 U.S. Code, delegated to the HCA via the ASA(ALT) Delegation of Authority Memorandum, to select and appoint agreement officers (grant officers) to enter into agreements to obtain the services of other entities to assist in carrying out responsibilities that arise under the Defense Environmental Restoration Program USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (DERP). The delegation is effective 7 September 2017. Actions under this delegation shall comply with the limitations specified in the ASA(ALT) delegation. Further delegation is authorized only to warranted agreements officers supporting actions using this authority. (6) The SCO is delegated the authority under Section 670c-1 of Title 16 U.S. Code, delegated to the HCA via the ASA(ALT) Delegation of Authority Memorandum, to select and appoint agreement officers (grant officers) to enter into cooperative agreements with States, local governments, Indian tribes, nongovernmental organizations, and individuals and into interagency agreements with the heads of other Federal departments and agencies, to provide for enumerated land management activities. The delegation is effective 23 July 2017. Actions under this delegation shall comply with the limitations specified in the ASA (ALT) delegation. Further delegation is authorized only to warranted agreements officers supporting actions using this authority. (7) SCO-ALX is delegated the authority under Sections 4144 (formerly 2362(a) – (c)) of Title 10 U.S. Code, delegated to the HCA from the ASA(ALT) via the Secretary of the Army, Delegation of Authority Memorandum, dated 4 February 2019 to carry out a program to provide assistance to historically black colleges and universities and minority-serving institutions of higher education to assist the Department in defense-related research, development, testing, and evaluation activities. Actions under this delegation shall comply with the limitations specified in the HCA delegation. Further delegation is authorized only to warranted agreements officers supporting actions using this authority. (8) The SCO is delegated the authority under Section 2684 of Title 10 U.S. Code, delegated to the HCA via the ASA(ALT) Delegation of Authority Memorandum, to enter into a Cooperative Agreement with a State or local government or other entity for the preservation, management, maintenance, and improvement of cultural resources located on an authorized site, and for the conduct of research regarding the cultural resource. The delegation is effective 20 March 2020. Actions under this delegation shall comply with the limitations specified in the HCA delegation. Further delegation is authorized only to warranted contracting or agreements officers supporting actions using this authority. (9) SCO-ALX is delegated the authority under Section 2702(c) of Title 10 U.S. Code, delegated to the HCA via the ASA(ALT) Delegation of Authority Memorandum, to enter into contracts and cooperative agreements with, and make grants to, universities, public and private profit and nonprofit entities, and other persons to carry out a program of research, development, and demonstration with respect to hazardous wastes authorized under 10 U.S.C. 2702(a). The delegation is effective 20 April 2020. Actions under this delegation shall comply with the limitations specified in the HCA delegation. Further delegation is authorized only to warranted contracting or agreements officers supporting actions using this authority. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI 5101.603-3-100 Appointment. (a) ACO appointment. An Administrative Contracting Officer (ACO) shall be warranted by the SCO with specified warrant authority. The warrant dollar threshold shall not exceed $500,000. (1) An ACO shall be appointed by the contracting officer for contracts that are within the ACO warranted authorities. The ACO is authorized to obligate the Government only within the monetary and other limitations delegated in the individual ACO appointment letter. The contracting officer shall ensure contract specific ACO delegations do not conflict with or exceed the amount/type of authority specified in the ACO warrant. (2) The ACO may modify construction contracts within the scope of the contract under any of the following contract clauses, provided that no individual contract modification exceeds the ACO warrant threshold: (i) FAR 52.211-18, Variation in Estimated Quantity, (ii) FAR 52.236-2, Differing Site Conditions, (iii) FAR 52.242-14, Suspension of Work, (iv) FAR 52.243-4, Changes, (v) FAR 52.248-3, Value Engineering – Construction, (vi) Modify construction contract performance periods under FAR clause 52.249-10, Default (Fixed-Price Construction), when a delay is due to unforeseeable causes beyond the control and without the fault of the contractor, and (vii) Modify construction purchase orders under FAR clause 52.243-5, Changes and Changed Conditions, provided that the modification does not cause the total value of the purchase order to exceed the simplified acquisition threshold (SAT). (b) Request for Proposal letters. The ACO may sign request for proposal (RFP) letters for construction modifications within their warranted authority. For construction actions above the warrant threshold of the ACO, the contracting officer is the sole authority to sign RFP letters. (c) ACO performance objectives. ACOs shall include a standard performance objective in their Defense Performance Management and Appraisal Program (DPMAP) that addresses contract quality and compliance. The contracting officer shall provide input on the ACO’s performance annually to the ACO’s supervisor. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (d) Annual ACO file review. Contracting officers shall ensure a review of all ACOs’ files are conducted at least annually. If the period of performance is less than 12 months, the review should be conducted at least once during the performance period. A copy will be provided to the individual and their supervisor. The reviews must be documented on Annual ACO File Inspection Checklist (ENG Form 6167) and shall be filed in the PCF. UAI 5101.603-100 Warrant Transfer. Though USACE warrants have USACE wide authority, contracting officers either temporarily supporting or permanently transferring to another SCO Area of Responsibility (AOR), certain administrative procedures apply. For temporary or permanent warrant transfer process, see UDG Attachment 8, Warrant Transfer Guidance. UAI 5101.604-100 Contracting Officer’s Representative (COR). (a) General. Each Center/District shall have a sufficient number of trained CORs available to ensure that contractors comply with all contract requirements. See UDG 5101.604 for specific guidance on COR certification and training. (b) Request for Proposal letters. CORs are not authorized to sign RFP letters under any circumstance. (c) COR performance objectives. CORs shall include a standard performance objective in their DPMAP that addresses contract quality and compliance. (d) Annual COR file review. Contracting officers shall ensure a review of CORs’ files are conducted at least annually. If the period of performance is less than 12 months, the review should be conducted at least once during the performance period. A copy will be provided to the individual and their supervisor. The reviews must be documented using the Surveillance and Performance Monitoring (SPM) Module COR Annual Review checklist within the Procurement Integrated Enterprise Environment (PIEE) at https://piee.eb.mil/. (e) COR monthly reports. CORs are required to submit a Monthly Status Report in SPM by the 15th of each month. This report covers the actions for the preceding one- month period. UAI 5101.690-100 Procurement management assistance. The HQ USACE Directorate of Contracting, Strategic Operations Division is the proponent for the USACE Procurement Management Review (PMR) Program. Refer to AFARS Appendix CC for Army policy, responsibilities, and procedures. UAI 5101.691-100 Management controls. Refer to AFARS Appendix BB for the Army Checklists for support in Center/District management reviews. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI 5101.692 HCA. (b) The HCA retains the authority under AFARS 5101.692(b) to appoint SCOs. This authority may not be delegated. Subpart 5101.90 – Non-Appropriated Funds UAI 5101.9002 Contracting authority. Personnel with appropriated fund procurement authority are not required to have a separate certificate of appointment for non- appropriated funds (NAF). USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI – PART 5102 DEFINITIONS OF WORDS AND TERMS (Revised 4 March 2024) Subpart 5102.1 – Definitions UAI 5102.101 Definitions. “Absolute value” means the value of a contract action, regardless of whether it increases or decreases the dollar amount. For example, a contract action that deobligates $150,000 from one Contract Line Item Number (CLIN) and obligates $400,000 onto another CLIN has an absolute value of $550,000 ($150,000 + $400,000). "Chief of the Contracting Office " (CoCO) means the Contracting Chief (for the District or Center). The CoCO provides expert contracting advice to the senior leadership within the District/Center and is responsible for the successful execution of the contracting mission and the overall quality of contracting support to the District/Center. “Compliance Review” means the initial step in the review process to ensure mandatory regulatory and statutory requirements are met from a procurement standpoint. “Director of Contracting” (DOC ) means the Director, USACE HQ Directorate of Contracting with responsibility for the oversight and management of all contract activities initiated and administered in support of the USACE mission. “Head of the Contracting Activity” (HCA) means the Director, USACE HQ Directorate of Contracting, as designated by the Army Senior Procurement Executive. “Implied-in-fact quantum meruit” means the value of services rendered to the Government for which the Government is obligated to pay based on an implied contract when the amount due is not stipulated in a legally enforceable contract. “Legally sufficient” means a determination by the Office of Counsel of legality of a contract action or portion of a contract action based on counsel’s legal judgment and opinion about the actions compliance with law, regulation, and policy. Actions requiring legal review cannot proceed until they have received legal sufficiency in writing. “Policy Memorandum” means a HQ DOC memorandum written to emphasize or clarify existing policies and procedures in response to weaknesses or deficiencies identified by internal or external audits, investigations, or procurement management reviews. These memorandums are enduring until specifically rescinded or cancelled. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 “Quantum meruit” means a claim or right of action for the reasonable value of services rendered when performed without a contract. “Regional Contracting Chief (RCC)” means the principal contracting advisor to Division Commanders, as well as the principal advisor providing directed acquisition on-the-job training for the Districts within their Division area of responsibility (AOR). “USACE Desk Guide (UDG)” means the central repository for USACE procurement procedures and guides, which promote standardization and efficiency. No documentation is required to deviate from any process or procedure in the UDG; however, contracting officers should exercise good business judgment to ensure the intended outcome is achieved. USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 UAI – PART 5103 IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST (Revised June 2019) Subpart 5103.1 – Safeguards UAI 5103.103 Independent pricing. UAI 5103.103-2 Evaluating the certification. (b) Rejection of offers suspected of being collusive. (2) If the Chief of the Contracting Office (CoCO) is the contracting officer, the Senior Contracting Official (SCO) makes the determination under Federal Acquisition Regulation (FAR) 3.103-2(b)(2). UAI 5103.104 Procurement integrity. The U.S. Army Corps of Engineers (USACE) Chief Counsel is the Deputy Designated Agency Ethics Official (DDAEO) for USACE. Contracting personnel should work through their Office of Counsel to identify the appropriate delegated ethics official for their action. UAI 5103.104-5 Disqualification. (c) Resumption of participation in a procurement. (2) The SCO is delegated the authority under FAR 3.104-5(c)(2) to authorize the disqualified official to resume participation in the procurement, or may determine that an additional disqualification period is necessary to protect the integrity of the procurement process. UAI 5103.104-7 Violations or possible violations. (g) The Head of the Contracting Activity (HCA), as a General Officer or member of the Senior Executive Service, retains the authority under FAR 3.104-7(b-f) to obtain information of a violation or possible violation. This authority may not be further delegated. Subpart 5103.2 – Contractor Gratuities to Government Personnel UAI 5103.203 Reporting suspected violations of the Gratuities clause. USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 (a)(ii)(C) For USACE, reports for suspected violations shall be sent directly to the HCA and the Army Suspension and Debarment Official (SDO) by the Commander. Refer to the USACE Desk Guide (UDG) 5103.203 for processes. Subpart 5103.7 – Voiding and Rescinding Contracts UAI 5103.704 Policy. (c) The SCO is delegated the authority under FAR 3.704(c) to consider declaring void and rescinding contracts, in cases in which there is a final conviction for any violation of 18 U.S.C. 201-224, as appropriate, and recovering the amounts expended under the contracts and recommending the initiation of suspension or debarment proceedings. USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 UAI – PART 5104 ADMINISTRATIVE MATTERS (Revised 18 June 2024) Subpart 5104.4 – Safeguarding Classified Information within Industry UAI 5104.403 Responsibilities of contracting officers. (d) See U.S. Army Corps of Engineers (USACE) Desk Guide (UDG) 5104.403 for guidance related to references and training available for actions that would use the DD Form 254, Department of Defense Contract Security Classification Specification. Subpart 5104.6 – Contract Reporting UAI 5104.604 Responsibilities. (a) The Head of the Contracting Activity (HCA) retains the authority under Federal Acquisition Regulation (FAR) 4.604(a) to coordinate with the Senior Procurement Executive to develop and monitor a process to ensure timely and accurate reporting of contractual actions to the Federal Procurement Data System (FPDS). This authority may not be further delegated. Subpart 5104.8 – Government Contract Files UAI 5104.802 Contract files. (g) USACE Construction field offices will be provided access to PCF. USACE ACOs shall use Resident Management System (RMS) to upload post-award construction contract administration documentation that is generated in RMS into PCF. UAI 5104.802-100 Contract files and contract action reviews. Reviews for all contract actions (e.g. determinations, justifications, solicitations, awards) should take place within the PCF system. All reviewers (e.g. project managers, Office of Counsel, Small Business specialists) should be granted access for the specific contract action. UAI 5104.804 Closeout of contract files. (2) The Senior Contracting Official (SCO) is delegated the authority under Defense Federal Acquisition Regulation Supplement (DFARS) 204.804(2) to assign the highest priority to close out of contracts awarded for performance in a contingency area. USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 UAI – PART 5105 PUBLICIZING CONTRACT ACTIONS Subpart 5105.4 – Release of Information UAI 5105.403 Requests from Members of Congress. Refer to the U.S. Army Corps of Engineers (USACE) Desk Guide (UDG) 5105.403 for procedures on processing congressional inquiries. UAI 5105.404 Release of long-range acquisition estimates. UAI 5105.404-1 Release procedures. (a) The Chief of the Contracting Office (CoCO) is delegated the authority under Army Federal Acquisition Regulation Supplement (AFARS) 5105.404-1(a) to release long-range acquisition estimates. Subpart 5105.5 – Paid Advertisements UAI 5105.502 Authority. (a) The CoCO is delegated the authority under Defense Federal Acquisition Regulation Supplement (DFARS) 205.502(a) to approve the publication of paid advertisements in newspapers. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI – PART 5106 COMPETITION REQUIREMENTS (Revised 21 November 2022) Subpart 5106.3 – Other than Full and Open Competition UAI 5106.302 Circumstances permitting other than full and open competition. UAI 5106.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. (a)(2)(i)(1) The Chief of the Contracting Office (CoCO) is delegated the authority under Defense Federal Acquisition Regulation Supplement (DFARS) 206.302- 1(a)(2)(i)(1) to make the determination that only one source is fully qualified to perform the proposed work for studies, analyses, or consulting services on the basis of an unsolicited proposal. (c) Application for brand-name descriptions. The Assistant Secretary of the Army for Acquisition, Logistics and Technology (ASA(ALT)), as the Senior Procurement Executive, approved a Class Justification and Approval (J&A) for Other than Full and Open Competition to allow Contracting Officers to issue solicitations for construction contracts where “brand name or equal” references are necessary to effectively communicate interior finishes, colors, patterns, textures, and textile designs. The estimated value for the Class J&A is $775,000,000, which covers all USACE construction-related contracts from Fiscal Year (FY) 22 through FY 26. A copy of the J&A shall be included in the official contract file. When one is required, the Acquisition Plan for the requirement shall reference the approved J&A. For a copy of the Class J&A, see USACE Alert 22-014, Class Justification and Approval for Other than Full and Open Competition for Use of Brand Name or Equal References in Interior Color and Finish Selections, issued 13 April 2022, https://usace.dps.mil/sites/KMP- CTP/USACEAlerts/Forms/AllItems.aspx. (d) Limitations. The Head of the Contracting Activity (HCA), as a General Officer or member of the Senior Executive Service, retains the authority under DFARS Procedures, Guidance, and Information (PGI) 206.302-1(d) to waive the requirement to post a request for information or a sources sought notice. This authority may not be further delegated. UAI 5106.302-2 Unusual and compelling urgency. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (c) Limitations. See U.S. Army Corps of Engineers (USACE) Desk Guide (UDG) 5106.302-2(1) for procedures on obtaining verbal approvals and reporting after-the-fact actions. UAI 5106.302-4 International agreement. (c) Limitations. The CoCO is delegated the authority under DFARS 206.302-4(c) to prepare a document that describes the terms of an agreement or treaty or the written directions, such as a Letter of Offer and Acceptance, that have the effect of requiring the use of other than competitive procedures for the acquisition. (1) Additional document for Foreign Military Sales. When a foreign military sales (FMS) customer requests that a defense article or defense service be obtained from a particular contractor, the contracting officer shall ensure that the request is processed in accordance with the requirements of DoD 5105.38-M, Security Assistance Management Manual (SAMM). In addition to all SAMM requirements, the contracting officer shall ensure inclusion of an offshore procurement determination (22 U.S.C. 2791(c)), if required. UAI 5106.304 Approval of the Justification. (a)(1) The Contracting Officer shall log each Justification and Approval on the Acquisition Support Division SharePoint site at https://cops.usace.army.mil/sites/CT/ASD/Lists/JALog/AllItems.aspx. The Advocate for Competition (AFC) will use the official contract file in the Paperless Contracting File (PCF) System when auditing approved justifications trends. (2) The Senior Contracting Officials (SCO)/Alternate SCOs for Alexandria, Atlanta, and Dallas serve as a USACE Alternate AFC for their AOR under UAI 5106.501(1) with signatory authority for contract actions within the threshold identified in FAR 6.304(a)(2). (i) The Chief of the Contracting Office (CoCO) of Baltimore District, serves as a USACE Alternate AFC – National Security Programs under UAI 5106.501(1), with signatory authority for contract actions identified in FAR 6.304(a)(2) for the National Security Program. (ii) The Command AFC, as an official described under UAI 5106.501(1), may also sign actions within the threshold identified in FAR 6.304(a)(2). UAI 5106.304-100 Approval of the Justification Matrix. (a) See UDG Attachment 1 for the USACE Document Review and Approval Matrix. Approval authority for justifications based on dollar value are illustrated on the table USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (iv) The Deputy Center Directors/Deputy District Commanders are appointed as Local Advocates for Competition (LAFC) to perform the functions under AFARS 5106.502. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI – PART 5107 ACQUISITION PLANNING (Revised 18 June 2024) Subpart 5107.1 – Acquisition Plans UAI 5107.102 Policy. (a) In general, there are two levels of acquisition planning: (i) The annual Overall Acquisition Strategy (OAS) for the Center/District contracting activity’s total anticipated workload; and (ii) A formal or informal acquisition plan, as appropriate, for an individual acquisition. (b) OAS. (i) Prior to the beginning of each Fiscal Year (FY), the Program and Project Management Division (PPMD), with the assistance of Contracting and the Small Business Program Office, at each Center/District, may develop a written OAS covering all anticipated contracts over $1 million. The OAS may be based on historical trends and shall include all known work, as well as reasonably expected work. The OAS should be updated in the middle of the FY and when major new projects are identified. Short notice acquisitions will be added to the OAS at the next regular update and will not delay processing the acquisition. (ii) The OAS shall address and document all major technical and business issues. The anticipated workload will be compared to the remaining capacities or ongoing contracts to determine the need to award new contracts. Any new contracts needed shall be scheduled and their terms established based on a case-by-case basis considering factors such as the following: (1) Type of work, (2) Anticipated workload, (3) Impact on competition, (4) Most effective contract type (including, for example, fixed-price, cost- reimbursement, incentive, and indefinite delivery contracts (IDCs)), USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (5) Impact on small business and other business participation and socio- economic concerns. (c) The OAS shall assure a mix of contracts, including IDCs of various types and sizes to provide meaningful opportunities for small businesses to participate in the work. The OAS shall incorporate the Small Business Forecast required annually by the Department of Defense (DoD) and Army Directors, Office of Small Business Programs. UAI 5107.102-100 Policy for U.S. Army Corps of Engineers (USACE) Acceptance of Work. Project managers (PMs) are responsible to ensure all projects are accepted in compliance with Engineering Regulation (ER) 5-1-10, USACE Work Assignments and Responsibility and ER 5-1-11, USACE Business Process. The PM must ensure the work being performed has been properly allocated by Headquarters USACE and, if applicable, appropriately released from the responsible geographic command or brokered amongst the relevant commands. An action that involves the unauthorized solicitation of work, known as poaching, is prohibited. UAI 5107.103 Agency-head responsibilities. (d)(i) In addition to the requirements outlined in the Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i), a formal acquisition plan (AP) is required for: (B) Procurements for foreign military sales (see DFARS 225.73), other than procurements funded with U.S. appropriated funds, are exempt from the requirements at DFARS 207.103(d)(i) to prepare a written acquisition plan, when— (3) The procurement includes single, discrete construction projects, valued at less than $500 million, using firm-fixed price arrangement. (D) Any Early Contractor Involvement (ECI) contract, regardless of dollar value; and (E) Any acquisition determined by the Head of the Contracting Activity (HCA) to be of such significance so as to impact a major USACE initiative, various Small Business Programs, raise serious or unique environmental matters, implement a deviation from the Federal Acquisition Regulation (FAR), concerns significant Congressional or political interest beyond normal constituent service, and/or as otherwise requested by the HCA. (F) Contracting Officers shall prepare and submit for the Senior Contracting Official’s (SCO) approval a written formal AP in accordance with (IAW) FAR 7.105 and DFARS 207.105 for all discreet stand-alone construction acquisitions valued at $100 million or greater, and for all Indefinite Delivery Indefinite Quantity (IDIQ) construction acquisitions that have a total value of $100 million or greater. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (G) The $100 million or greater threshold is inclusive of all options. If a programmatic AP is prepared to support multiple individual procurements, the threshold shall apply to the total value of all procurements included within the AP. (H) The SCO, at his or her discretion, may request to review all informal APs prior to solicitation, or the SCO may require preparation and submittal of a written formal AP for SCO approval for a designated procurement, regardless of dollar value. (ii) IAW the Army Federal Acquisition Regulation Supplement (AFARS) 5107.103(d)(ii), the Contracting Officer may use the acquisition strategy section of the Project Management Plan (PMP), prepared IAW Engineering Regulation 5-1-11, USACE Business Process, as an alternate format for an informal written acquisition plan. The informal AP is applicable to stand-alone construction acquisitions that have a total value of less than $100 million and for IDIQ construction acquisitions that have a total value of less than $100 million. UAI 5107.103-90 Acquisition Plan approvals. (a)(2)(A) The Senior Contracting Official (SCO) is delegated the authority under Army Federal Acquisition Regulation Supplement (AFARS) 5107.103-90(a)(2) to approve acquisition plans for all Non-PEO/Direct Reporting Program Manager acquisitions. For general information on Non-PEO or Direct Reporting Program Manager, refer to DA PAM 70-3. (B) The Head of the Contracting Activity (HCA) retains the authority to approve acquisition plans for all non-PEO/direct-reporting program manager acquisitions if the acquisition is deemed a special interest. (d) The requests for approval of acquisition plans in accordance with the thresholds identified at DFARS 207.103(d)(i) must include the concurrence of the – (2) Command Advocate for Competition or Alternate, or Local Advocate for Competition UAI 5107.104 General procedures. (a)(i) The HCA retains the authority under AFARS 5107.104(a)(i) to establish procedures for forecasting all significant, as defined by a specified monetary threshold, or sensitive contracting requirements anticipated for the upcoming fiscal year. This authority may not be further delegated. (iv) The Chief of the Contracting Office (CoCO), in conjunction with the Center/District Chief of Resource Management Division, is delegated the authority USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 under AFARS 5107.104(a)(iv) to establish due dates for the end of the fiscal year procurement requests that are submitted to the contracting office. UAI 5107.105 Contents of written acquisition plans. (b)(20)(C)(8)(iv) The SCO is delegated the authority under DFARS Procedures, Guidance, and Information (PGI) 207.105(b)(20)(C)(8)(iv) to plan to ensure that contingency contracts will be closed in a timely manner considering personnel turnover and preaward, contract administration, and other contracting workload when contracts are awarded for performance in a contingency area. UAI 5107.107 Consolidation of contract requirements. UAI 5107.107-2-100 Consolidation. (b) The delegated authority to make the consolidation determination prescribed at FAR 7.107-2 is as follows: (ii) In accordance with AFARS 5107.107-2(b)(ii), citing AFARS Appendix GG, where the total value of the consolidated requirement is equal to or greater than $25 million for any FY or equal to or greater than $50 million for all years but less than $500M, the SCO will retain approval for the determination. (A) Reference Memorandum, Delegation of Authority to Approve Consolidation Determination, dated 12 February 2021. Where the total value of the non-construction consolidated requirement is greater than $2 million but less than $25 million for any FY or less than $50 million for all years, the CoCO will make the determination. (B) Construction Exception. For stand-alone and indefinite-delivery, indefinite-quantity (IDIQ) construction acquisitions where the total value of the consolidated requirement is: (1) $100M or greater but less than $500M, the SCO will retain approval for the determination; and (2) Less than $100M, the CoCO will make the determination. Subpart 5107.4 – Equipment Lease or Purchase UAI 5107.470 Statutory requirements. (b) Limitation on contracts with terms of 18 months or more. The CoCO is delegated the authority under DFARS 207.470(b) to consider all costs of such a USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 contract and to make the determination that the contract is in the best interest of the Government. Subpart 5107.5 – Inherently Governmental Functions UAI 5107.503 Policy. (e)(i)(A) The designated service requirements officials shall provide the contracting official, concurrent with transmittal of the formal work requirements package/statement of work (or scope modification thereof), one of the following: (1) For Army Services Requirements Including Civil Works: A Request for Services Contract Approval (RSCA) form shall be provided for service contracts. The RSCA form shall be provided for Army funded Operations and Maintenance construction per FAR Subpart 2.1 and defined as services in accordance with FAR Subpart 37.1. A RSCA form is not required for construction projects using Military Construction funds nor Civil Works Construction. Reference CEMP-ZB Memorandum, 12 Aug 2020, subject: USACE Policy on Request for Services Contract Approval Regarding Inherently Governmental Functions. A RSCA form shall be completed when one or more of the following apply: i. When Army Military or Civil Works funds are being used to buy contractor labor for services, regardless of which organization is awarding or administering the contract; ii. When Army Military or Civil Works is the requiring activity, or is the executive agent for the mission/organization requiring the services; or, iii. When Army Military or Civil Works funds for services are being transferred to contracts outside of the Army. (2) For Non-Army DoD and Non-DoD Services Requirements: The designated requirements official shall provide the contracting official, concurrent with transmitting the formal work requirements package, an approved overall acquisition plan; performance work statement; statement of work or contract scope modification, a written determination that none of the functions to be performed are inherently governmental in accordance with FAR 7.503(e), DFARS 207.503(e), and AFARS 5107.503(e). The determination may be provided by the agency requesting the service of USACE or prepared by the USACE requiring organization and certified at the GS-15 level. See USACE Desk Guide (UDG) 5107.503 for example of determination language. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 (3) Programmatic RSCA forms are acceptable, in accordance with the guidance from Assistant Secretary of the Army - Manpower and Reserve Affairs. The RSCA form shall include a list of all projects anticipated for the program. (4) Reference Rev 2, USACE DOC Alert 18-018, USACE O-6/GS-15 Signatory Authority on Request for Services Contract Approval Form for O&M Funded Requirements, issued October 12, 2018. USACE District/Center Commanders at the O-6/GS-15 level have unlimited delegated authority to approve O&M (Army) funded Sustainment, Restoration, and Modernization construction work where USACE is the requirement holder/owner. This delegation is solely to the District/Center Commander or Director, and does not permit generic delegation to the O-6/GS-15 level. (5) A RSCA form is not required for Military Construction (MILCON). UAI 5107.503-100 Delegation of Authority to Confirm Scope Determination for Request for Services Contract Approval. In accordance with Directorate of Contracting Memorandum, Delegation of Authority to Confirm Scope Determination for Request for Services Contract Approval, dated 15 September 2020, Procuring Contracting Officers are delegated the responsibility to receive the scope determination and confirm that the action is within the original RSCA certification. Subpart 5107.90 – Independent Government Estimates UAI 5107.9001 Definitions. “Independent Government Estimate (IGE) preparer” is the individual employed by the Government (or under contract to the Government) who is responsible for preparation of the estimate. “IGE reviewer” is the individual employed by the Government, one management level above or organizationally independent of the “IGE preparer”. “IGE approver” is the individual employed by the Government, other than contracting officer and administrative contracting officer (ACO) for the acquisition, who is responsible for certifying the validity of the IGE. UAI 5107.9002 Policy. (a) This part supplements the USACE policy regarding IGEs and provides standard operating guidance for contracting officers and all project team members regarding the development, review, use, and maintenance of IGEs. The contracting USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 officer shall ensure the IGE is received by the time and date scheduled for receipt of proposals or bids. (i) All IGEs shall be prepared and reviewed by knowledgeable individuals who are familiar with the scope of work and shall be prepared independently from an offeror’s proposal (or independently of the incumbent offeror’s contracted rates for a new acquisition). The preparation and review of the IGE shall be independent functions to ensure the quality and validity of the document. The IGE will be approved by an authorized approving official. See UDG Attachment 3, IGE Signatory Matrix, for signatory authorities. (ii) The Project Management Plan shall identify the organization that is responsible for the preparation, review, and approval of the IGE. Assignment of the organization shall be in accordance with UDG Attachment 3, IGE Signatory Matrix. (iii) Prior to acceptance of an IGE, the contracting officer shall review all IGEs to ensure each contains the following: (1) Sufficient narrative and analytical description to substantiate how rates/price/costs were developed. The narrative shall explain the basis for the estimate and address specific issues such as delivery schedule, assumptions, site conditions, and other facts impacting the IGE and contain enough detail to verify the validity of the contractor’s proposal. (2) Clear identification of reference materials used to support preparation of the IGE. (3) All amendments to a solicitation were acknowledged in writing by the Cost Estimating engineer or other IGE preparer, and as applicable, incorporated into the IGE; any required revision to the IGE includes a narrative supporting the revisions made to reflect the amended solicitation. (iv) All IGEs are procurement sensitive documents and shall be marked as “Controlled Unclassified Information (CUI) (formerly For Official Use Only (FOUO)).” For sealed bid procurements, the CUI markings shall be removed upon the opening of bids in accordance with DFARS PGI 236.203(2)(ii). (v) For actions conducted under FAR part 35 and being considered under a Broad Agency Announcement (BAA), in accordance with FAR 35.016(e), cost realism and reasonableness shall be considered to the extent appropriate during the selection of acceptable proposals. In lieu of an IGE, a detailed analysis of cost/price reasonableness utilizing the full range of tools and techniques (i.e. field pricing assistance) identified in FAR 15.404, Proposal Analysis, will be conducted. The complete cost/price analysis will be documented in a Pre-Negotiation Objective Memorandum (POM) and in the final Price Negotiation Memorandum (PNM). The POM USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 and the PNM will be signed by the technical Point of Contact, the technical reviewer, the technical approving authority, and the contracting officer. Subpart 5107.91 – Integrating Antiterrorism and Operations Security UAI 5107.9101 Policy. USACE policy regarding Integrating Antiterrorism and Operations Security (AT/OPSEC) is available in Annex Q in Fragmentary Order (FRAGORD) 6 to Operations Order (OPORD) 2022-03, USACE Integrated Protection Program. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI – PART 5108 REQUIRED SOURCES OF SUPPLIES AND SERVICES (Revised 4 March 2024) Subpart 5108.4 – Federal Supply Schedules UAI 5108.404 Use of Federal Supply Schedules. (h)(3)(ii)(C) The Senior Contracting Official (SCO) is delegated the authority under Federal Acquisition Regulation (FAR) 8.404(h)(3)(ii)(C) to approve determinations and findings when the total performance period, including options, is more than three years. UAI 5108.405-6 Limited Sources. (a) The Contracting Officer shall log each Limited-Sources Justification on the Acquisition Support Division SharePoint site at https://team.usace.army.mil/sites/HQ/CT/CoP/Lists/JALog/AllItems.aspx. (d)(3)(ii) The Head of the Contracting Activity (HCA) retains the authority under FAR 8.405-6(d)(3) to approve limited sources justifications of $15 million or more but less than $100 million. This authority may not be delegated. Subpart 5108.74 – Enterprise Software Agreements UAI 5108.7403-100 Acquisition Procedures. (a) All Enterprise software agreements should include a review by the USACE Chief Information Officer (CIO)/G-6. USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 UAI – PART 5109 CONTRACTOR QUALIFICATIONS (Revised June 2019) Subpart 5109.2 – Qualifications Requirements UAI 5109.202 Policy. (a)(1) The Chief of the Contracting Office (CoCO) is delegated the authority under Army Federal Acquisition Regulation Supplement (AFARS) 5109.202(a)(1) to approve written justifications establishing a contractor qualification requirement. (b) The Senior Contracting Official (SCO) is delegated the authority under Federal Acquisition Regulation (FAR) 9.202(b) to waive the requirements of FAR 9.202(a)(1)(ii) through (4) for up to two years with respect to the item subject to the qualification requirement. (e) The SCO is delegated the authority under AFARS 5109.202(e) to approve that a procurement need not be delayed in order to comply with FAR 9.202(a). This authority may not be further delegated. UAI 5109.206 Acquisitions subject to qualification requirements. UAI 5109.206-1 General. (b) The SCO is delegated the authority under AFARS 5109.206-1(b) to determine that an emergency exists, whenever an agency elects, whether before or after award, not to enforce a qualification requirement which it established. Subpart 5109.4 – Debarment, Suspension, and Ineligibility UAI 5109.404 System for Award Management Exclusions. (c)(7) The Head of the Contracting Activity (HCA) retains the authority under AFARS 5109.404(c)(7) to establish required procedures within the U.S. Army Corps of Engineers (USACE) contracting activity. This authority may not be delegated. UAI 5109.406 Debarment. UAI 5109.406-3 Procedures. USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 (a)(i) The SCO is delegated the authority under AFARS 5109.406-3(a)(i) to submit all necessary information relating to Investigation and referral to the procurement fraud advisor. (a)(ii) The SCO is delegated the authority under AFARS 5109.406 to determine whether to withhold all funds due the contractor on a specific contract when the Procurement Flash Report recommends suspension or debarment because of contractor fraud or criminal conduct involving a current contract. Subpart 5109.5 – Organizational and Consultant Conflicts of Interests UAI 5109.504 Organizational and Consultant Conflicts of Interest. (c) The SCO is delegated the authority under FAR 9.504(c) to approve a course of action for resolving a significant potential conflict of interest before the contracting officer issues a solicitation. UAI 5109.506 Procedures. (d)(3) The SCO is delegated the authority under FAR 9.506(d)(3) to approve or provide other direction regarding the contracting officer’s resolution of a conflict or potential conflict. USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 UAI – PART 5110 MARKET RESEARCH UAI 5110.002 Procedures. (e) Market research findings shall be documented in the pre-award section of the contract file. (f) For information on a market research report format, see UDG 5110. USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 UAI – PART 5111 DESCRIBING AGENCY NEEDS (Revised 4 March 2024) Subpart 5111.2 – Using and Maintaining Requirements Documents UAI 5111.274 Item identification and valuation requirements. UAI 5111.274-2 Policy for item unique identification. (b)(2)(i)(B) The Senior Contracting Official (SCO) is delegated the authority under Defense Federal Acquisition Regulation Supplement (DFARS) 211.274-2(b)(2)(i)(B) to approve a determination that it is more cost effective for the Government requiring activity to assign, mark, and register the unique item identifier after delivery, and the item is either acquired from a small business concern, or is a commercial item under Federal Acquisition Regulation (FAR) part 12 or part 8. Subpart 5111.6 – Priorities and Allocations UAI 5111.602-100 General. (a) In accordance with the regulations at 15 Code of Federal Regulations (CFR) Part 700, Defense Priorities and Allocations System (DPAS), Department of Defense (DoD) Manual 4400.1, DoD Priorities and Allocations Manual, and Army Regulation (AR) 700-90, Army Industrial Base Process, a “DO” priority rating is authorized for all DoD approved programs for procurement contracts and orders. Except for the limitations specified by 15 CFR 700.18: (1) USACE contracting officers may assign a priority rating of “DO” to contracts and orders for Department of Defense construction (Program Identification Symbol C2) and maintenance, repair, and operating supplies (Program Identification Symbol C3). (2) In accordance with the Department of the Army ASA(ALT) memorandum, Clarification of Policy for the USACE to use the DPAS rating DO-C2 for Civil Works Construction Projects, dated 06 July 2023, USACE contracting officers may use the “DO” priority rating for USACE civil works construction projects, with the Program Identification Symbol C2 (“DO-C2”). The memorandum is posted on the CT-Policy SharePoint page. (b) In accordance with the Department of Homeland Security (DHS) Delegation of Authority regarding the Defense Priorities and Allocations System (DPAS) USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 memorandum, renewed 22 February 2023, the Administrator of the Federal Emergency Management Agency (FEMA) has re-delegated certain authorities under the Department of Commerce’s DPAS Delegation 4 to the Commanding General, USACE. The authority is to place “DO” priority-rated contracts and orders as provided in the DPAS regulations at 15 Code of Federal Regulations (CFR) Part 700 and DPAS Delegation 4. (1) This delegation may be used only in support of the following DHS approved programs: (i) Programs involving emergency preparedness activities conducted pursuant to title VI of the Stafford Act. When placing priority ratings under this approved program, the Program Identification Symbol N1 shall be used. (ii) Programs to protect or restore critical infrastructure. When placing priority ratings under this approved program, the Program Identification Symbol N7 shall be used. (2) This delegation is valid without expiration. The current delegation is posted on the CT-Policy SharePoint page. (3) In accordance with this delegation, the USACE Commanding General will designate at least one subordinate to serve as a Federal Priorities and Allocations Systems (FPAS) Officer (formerly DPAS Officer) for the organization. The USACE FPAS Officer is the Deputy Director of Contracting (DDoC). The Alternate USACE FPAS Officer is the Senior Contracting Official – Alexandria (SCO-ALX). The current delegations are posted on the CT-Policy SharePoint page. (c) In accordance with DoD Manual 4400.1, DoD Priorities and Allocations Manual (2002), and as provided in CFR 15 Part 700, the Deputy Assistant Secretary of Defense for Industrial Policy (DUSD(IP)) granted USACE authority to apply a “DO” priority rating to DoD programs utilizing super computers that are essential to national defense objectives. (1) USACE shall use the Program Identification Code DO-A7, “Electronic & Communications Equipment” to rate the super computer equipment. (2) This authorization is valid until 31 Dec 2025. The DUSD(IP) approval memorandum is posted on the CT-Policy SharePoint page. USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 UAI – PART 5112 ACQUISITION OF COMMERCIAL ITEMS (Revised June 2019) Subpart 5112.1 – Acquisition of Commercial Items - General UAI 5112.102 – Applicability. (a)(ii)(B) The Chief of the Contracting Office (CoCO) is delegated the authority to perform the duties to conduct a review under Defense Federal Acquisition Regulation Supplement (DFARS) 212.102(a)(ii)(B). Subpart 5112.3 – Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items UAI 5112.302 Tailoring of provisions and clauses for the acquisition of commercial items. (c) The Head of the Contracting Activity (HCA) retains the authority under DFARS 212.302(c) to approve a waiver to tailor any clause or otherwise include any additional terms or conditions in a solicitation or contract for commercial items in a manner that is inconsistent with customary commercial practice for the item being acquired. The prohibition at Federal Acquisition Regulation (FAR) 12.302(c) on tailoring contract terms and conditions without a waiver in a manner inconsistent with customary commercial practice does not negate the Competition in Contracting Act (CICA) requirement for price competition and a determination under FAR 15.403-3(c) that a price is fair and reasonable. Subpart 5112.70 – Limitation on Conversion of Procurement from Commercial Acquisition Procedures UAI 5112.7001 - Procedures. (a)(1) The CoCO is delegated the authority to perform the duties under DFARS 212.7001(a)(1). USACE Acquisition Instruction (UAI) Version 5 dated 3 JUNE 2019 UAI – PART 5113 SIMPLIFIED ACQUISITION PROCEDURES (Revised 4 March 2024) Subpart 5113.2 – Actions At or Below the Micro-Purchase Threshold UAI 5113.201 General. (a)(i) The Head of the Contracting Activity (HCA) retains the authority under Army Federal Acquisition Regulation Supplement (AFARS) 5113.201(a)(i) to manage the agency-wide U.S. Army Corps of Engineers (USACE) purchase card program. The Chief of the Contracting Office (CoCO) is delegated the authority to manage the daily responsibilities of the program within their respective center or district. This authority may not be further delegated. UAI 5113.270 Use of the Governmentwide commercial purchase card. The HQ USACE Directorate of Contracting, Strategic Operations Division is the proponent for the Government Purchase Card (GPC) program. Refer to AFARS Appendix EE for Army GPC operating procedures. (b)(1) The HCA, as a member of the Senior Executive Service, is authorized to make a determination not to use the GPC as a method of purchase and/or method of payment for purchases valued at or below the micro-purchase threshold under Defense Federal Acquisition Regulation Supplement (DFARS) 213.270(b)(1). This authority may not be further delegated. Subpart 5113.5 – Simplified Procedures for Certain Commercial Items UAI 5113.501 Special documentation requirements. (a)(ii) The Contracting Officer shall log each Justification on the Acquisition Support Division SharePoint site at https://team.usace.army.mil/sites/HQ/CT/CoP/Lists/JALog/AllItems.aspx. (a)(2)(iii) The HCA retains the authority under Federal Acquisition Regulation (FAR) 13.501(a)(2)(iii) to approve the justification and approval for sole-source (including brand-name) acquisitions or portions of an acquisition requiring a brand-name. This authority may not be further delegated. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019, Update 2 dated 30 NOV 2021 UAI – PART 5114 SEALED BIDDING (Revised November 2021) Subpart 5114.2 – Solicitation of Bids UAI 5114.201 Preparation of invitations for bids. UAI 5114.201-1 Uniform contract format. (a) For U.S. Army Corps of Engineers (USACE) construction solicitations issued as invitations for bids (IFBs), use the Construction Specifications Institute (CSI) Master Format in USACE Desk Guide (UDG) 5114.201-1 in lieu of the Uniform Contract Format (UCF) specified in Federal Acquisition Regulation (FAR) 14.201-1(a). UAI 5114.201-7 Contract clauses. (b)(2) The Senior Contracting Official (SCO) is delegated the authority under FAR 14.201- 7(b)(2) to waive the requirement for inclusion of FAR clause 52.214- 27, Price Reduction for Defective Certified Cost of Pricing Data – Modifications – Sealed Bidding, in a contract with a foreign government or agency of that government. (c)(2) The SCO is delegated the authority under FAR 14.201-7(c)(2) to waive the requirement for inclusion of FAR clause 52.214-28, Subcontractor Certified Cost of Pricing Data – Modifications – Sealed Bidding, in a contract with a foreign government or agency of that government. Subpart 5114.4 – Opening of Bids and Award of Contract UAI 5114.407 Mistakes in bids. UAI 5114.407-3 Other mistakes disclosed before award. (a) The SCO is delegated the authority under the Army Federal Acquisition Regulation (AFARS) 5114.407-3(e) to make a determination permitting a bidder to correct a mistake as described at FAR 14.407-3(a). (b) The SCO is delegated the authority under AFARS 5117.407-3(e) to make a determination permitting a bidder to correct a bid and not permit its withdrawal as described at FAR 14.407-3(b). USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019, Update 2 dated 30 NOV 2021 (c) The Chief of the Contracting Office (CoCO) is delegated the authority under AFARS 5114.407-3(c) to make a determination permitting a bidder to withdraw a bid as described at FAR 14.407-3(c). (d) The SCO is delegated the authority under AFARS 5117.407-3(e) to make a determination that a bid be neither withdrawn nor corrected as described at FAR 14.407-3(d). UAI 5114.407-4 Mistakes after award. (b) The SCO is delegated the authority under AFARS 5114.407- 4(b) to make a determination to rescind a contract, to reform a contract, or that no change shall be made in the contract as awarded. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI – PART 5115 CONTRACTING BY NEGOTIATION (Revised 21 November 2022) Subpart 5115.2 – Solicitation and Receipt of Proposals and Information UAI 5115.204 Contract format. (c) For U.S. Army Corps of Engineers (USACE) construction solicitations issued as negotiated acquisitions, use the Construction Specifications Institute (CSI) Master Format in USACE Desk Guide (UDG) 5114.201-1 in lieu of the Uniform Contract Format (UCF) specified in Federal Acquisition Regulation (FAR) 14.201-1(a). (e) The Senior Contracting Official (SCO) is delegated the authority under Army Federal Acquisition Regulation Supplement (AFARS) 5115.204(e) to exempt individual contracts from the use of the uniform contract format. Subpart 5115.3 – Source Selection UAI 5115.300‐100 Scope of subpart. (a) Training, ethics, and non-disclosure statements. Source selection evaluation board (SSEB) members on formal source selections are strongly encouraged to take Defense Acquisition University (DAU) CON 0072, Source Selection (see www.dau.mil), and the USACE PROSPECT Course 183, Formal Source Selection (see http://ulc.usace.army.mil/). The contracting officer is responsible for providing source selection training tailored to the solicitation and ensuring that the source selection plan (SSP) is fully understood and followed by all members of the source selection team. SSEB members shall receive standards of conduct briefing provided by the Office of Counsel. Upon completion of SSEB training and prior to the commencement of the evaluation board, each SSEB member shall execute a non- disclosure agreement. (b) Non-federal sponsor participation on source selection teams. Where the DoD Source Selection Procedures Section 1.4.6, Other Advisors, refers to "Government advisors," it means "Federal Government Employees" and not state or local government employees. State and/or local government employees are not considered “Government employees,” they are non-Government personnel and should be viewed as such when selecting members for the SSEB. (c) SSA hierarchy. (1) The following SSA appointment hierarchy applies within USACE: USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 Threshold SSA Appointment Authority contracting officer or If the contracting officer is not the SSA, the SCO must Less than $100M individual other than appoint another individual to the contracting officer serve as the SSA. $100M to $500M Individual other than Appointed by SCO the contracting officer Greater than $500M - Individual other than Other than Appointed by SCO the contracting officerService Contracts Greater than $500M - Individual other than Appointed by DASA(P) Service Contracts the contracting officer UAI 5115.303 Responsibilities. (c) Disclosure of Proprietary and Source Selection Information. It is imperative that the SSA coordinates with their PDT legal representative when disclosure of source selection information is being requested. UAI 5115.304-100 Evaluation factors and significant subfactors. See UDG Attachment 4 for the Naval Facilities Engineering Command (NAVFAC)/USACE Past Performance Questionnaire (PPQ) Instructions and Form. UAI 5115.371 Only one offer. UAI 5115.371-5 Waiver. (a) The Chief of the Contracting Office (CoCO) is delegated the authority under Defense Federal Acquisition Regulation Supplement (DFARS) 215.371-5(a) to waive the requirement at DFARS 215.371-2 to resolicit for an additional period of at least 30 days. Subpart 5115.4 – Contract Pricing UAI 5115.403 Obtaining certified cost or pricing data. UAI 5115.403-3 Requiring data other than certified cost or pricing data. (a)(4) The SCO is delegated the authority under FAR 15.403-3(a)(4) to determine that it is in the best interest of the Government to award to an offeror who does not comply with a requirement to submit other than certified cost or pricing data for a contract or subcontract. USACE Acquisition Instruction (UAI) Version 5, 3 JUNE 2019 UAI 5115.404 Proposal analysis. UAI 5115.404-1 Proposal analysis techniques. (a)(i)(A)(iv) The SCO is delegated the authority under DFARS Procedures, Guidance, and Information (PGI) 215.404-1(a)(i)(A)(iv) to determine that it is in the best interest of the Government to make award to an offeror who does not comply with the requirement to submit other than certified cost or pricing data when the offeror continues to refuse to provide data to the contracting officer. UAI 5115.404-4 Profit. (c)(2)(C)(2) The CoCO is delegated the authority under DFARS 215.404- 4(c)(2)(C)(2) to approve the use of the alternate structured approach when the weighted guidelines method does not produce a reasonable profit objective. UAI 5115.404-73 Alternate structured approaches. (b)(2)(iii) Facilities capital cost of money shall not apply to contracts where reimbursement is provided to contractors through construction equipment use rates or allowances. In other situations where facilities capital cost of money is proposed and verified, follow the offset procedures in DFARS 215.404-73(b)(2). See UDG 5115.404- 73 for alternate structured approach guidelines for firm-fixed-price construction and architect-engineer (A-E) contracts. UAI 5115.407 Special cost or pricing areas. UAI 5115.407-3 Forward pricing rate agreements. (b)(i) The CoCO is delegated the authority under DFARS 215.407- 3(b)(i) to waive, on a case-by-case basis, the forward pricing rate agreement rates when such rates are available. UAI 5115.407-4 Should-cost review. (c)(2)(B) The SCO is delegated the authority under DFARS PGI 215.407- 4(c) (2)(B) to request an overhead should