Part 5601 - THE FEDERAL ACQUISITION

REGULATION SYSTEM

Subpart 5601.1 - PURPOSE, AUTHORITY ISSUANCE

5601.101 Purpose.

5601.104 Applicability.

5601.170 Peer Reviews.

Subpart 5601.2 - ADMINISTRATION

5601.201 Maintenance of the FAR.

5601.201-1 The Two Councils.

Subpart 5601.3 - AGENCY ACQUISITION REGULATION

5601.301 Policy.

5601.304 Agency Control and Compliance Procedures.

Subpart 5601.4 - DEVIATIONS FROM THE FAR

5601.403 Individual Deviations.

Subpart 5601.6 - CAREER DEVELOPMENT, CONTRACTING AUTHORITY AND RESPONSIBILITIES

5601.601 General.

5601.602 Contracting Officers.

5601.602-1 Authority.

5601.602-2 Responsibilities.

5601.602-2-90 Ordering Officers.

5601.602-3 Ratification of Unauthorized Commitments. See DCG for required procedures.

5601.602-3-90 Procedures. (Removed November 2018)

5601.603 Selection, Appointment, and Termination of Appointment.

5601.603-3 Appointment.

5601.603-3-90 Appointment of Contingency Contracting Officers.

5601.604 Contracting Officers Representative.

Subpart 5601.7 - DETERMINATIONS AND FINDINGS
5601.704 Content.

Subpart 5601 - ATTACHMENTS

Subpart 5601.1 - PURPOSE, AUTHORITY ISSUANCE

5601.101 Purpose.

This United States Special Operations Command Federal Acquisition Regulation Supplement

(SOFARS) provides minimum essential implementation of the Federal Acquisition Regulation (FAR),

and DOD FAR Supplement (DFARS).

5601.104 Applicability.

The SOFARS applies to all USSOCOM contracting offices that receive contracting authority from

USSOCOM, Director of Procurement (DOP).

5601.170 Peer Reviews.

(Revised June 2023)

(a) DPC peer reviews. DPC peer reviews are required on all non-competitive acquisitions over $1

billion. DPC peer reviews are required on competitive acquisitions over $1 billion only for major

defense acquisition programs for which the USD(A&S) is the milestone decision authority or

USD(A&S) special interest programs. DPC may still conduct peer reviews for competitive

procurements above $1 billion upon request. Internal reviews should be completed prior to DPC

peer review. Peer reviews are addressed in DFARS 201.170.

(b) DoD independent management reviews of contracts for services IAW section 808 of NDAA for

FY08 are still required. Follow procedures for periodic independent management reviews of

contracts for services consistent with section 808.

(c) DPC Peer Reviews leverage existing reviews; the following 5601-1 reviews serve as the DPC peer

review phases. A list of required documents and elements to be addressed are found in PGI

201.170-4 . Additionally, a peer review checklist is also found in PGI 201.170-4. As a minimum, the

Chief, cognizant LNO, and acquisition legal advisor will serve as reviewers for noncompetitive

actions. As a minimum, the Chief, cognizant LNO, acquisition legal counsel, SSAC-Chair (if

required), and SSA will serve as reviewers for competitive actions.

DPC PREAWARD PEER REVIEWS – COMPETITIVE ACQUISITIONS OF MAJOR

DEFENSE ACQUISITION PROGRAMS WITH USD(A&S) AS MILESTONE DECISION

AUTHORITY AND USD(A&S) SPECIAL INTEREST PROGRAM
DFARS 5601-1 Equivalent

Phase 1 – Prior to issuance of the solicitation Requests for Proposals

Phase 2 – Prior to request for final proposal

revisions (if applicable)

Requests for Final Proposal Revisions (if

applicable)

Phase 3 – Prior to award Contract Clearance

DPC PREAWARD PEER REVIEWS – NONCOMPETITIVE ACQUISITIONS

Phase 1 – Prior to negotiations Business Clearance

Phase 2 – Prior to award Contract Clearance

DPC POSTAWARD PEER REVIEWS – SERVICES ONLY

Base 1-year or less Post Award Peer Reviews – prior to exercise

of each option period

(d) Component peer reviews. Pre-award peer reviews for competitive solicitations valued at less than

$1B and non-competitive solicitations valued at less than $500M must be accomplished by

complying with the RFP, Business, and Contract Clearances requirements defined in SOFARS

5615.001 at the thresholds outlined in 5601-1.

Subpart 5601.2 - ADMINISTRATION

5601.201 Maintenance of the FAR.

5601.201-1 The Two Councils.

(Revised June 2021))

(d)

(1) The Procurement Management Division (SOF AT&L-KM) is the focal point for all matters

pertaining to FAR, DFARS, and SOFARS. DCG

(2) Follow the procedures found in the DCG for submitting FAR, DFARS, or SOFARS change
requests. Proposed changes must include all supporting documentation and be self-sustaining.

Subpart 5601.3 - AGENCY ACQUISITION REGULATION

5601.301 Policy.

(a)(2)

Each contracting office may establish and maintain local contracting publications that further

explain procedures for subject matters unique to its location. Office publications shall be kept to a

minimum and be made available in electronic media.

5601.304 Agency Control and Compliance Procedures.

(Revised September 2014)

(4)

(i) As used in this section, the term clause includes provisions and means a term or condition of the

type set forth in FAR Part 52 , DFARS Part 252 and 5652 .

(ii) One-time use clauses must be approved by the Chief, Contracting Office. Forward a copy of

approved clauses to SOF AT&L-KM.

(A) One-time clauses may be authorized for repetitive local use if that clause is conducive to use by a

single office due to unique circumstances. The Chief of the Contracting Office shall request

authorization to repetitively use a local clause through their SOF AT&L-K liaison.

(B) Requests shall be submitted in writing and include a copy of the clause(s), sufficient justification

as to why existing SOFARS clauses cannot be used, why the clause is needed, and why the clause is

not suitable for inclusion in the SOFARS.

(C) Approvals granted by the DoP shall include an expiration date.

(iii) Local clauses used repetitively and are conducive to command-wide use may be proposed for

inclusion in SOFARS and shall be submitted to SOF AT&L-KM for approval in accordance with the

format outline in DFARS 201.201-1(d)( i ) .

(iv) SOF AT&L-KM shall conduct an annual review of all SOFARS clauses in use. Reviews may

recommend retention, deletion or modification of the existing clauses.

(v) USSOCOM Point of Contact (POC):

U.S. Special Operations Command

Director of Procurement
Mission Support Division

7701 Tampa Point Blvd.

MacDill AFB, FL 33621-5323

Phone: (813) 826-6077 or DSN: 299-6077

Fax: (813) 826-7504

(6) Changes, revisions, and policy letters shall be distributed to contracting offices electronically and

posted on the SOF AT&L-K website with the full authority of the Director of Procurement. All actions

issued affecting the SOFARS shall be incorporated into the SOFARS on the SOF AT&L-K website.

Subpart 5601.4 - DEVIATIONS FROM THE FAR

5601.403 Individual Deviations.

(Revised June 2021)

(2)

(i) The DoP is the approval authority within USSOCOM for FAR and DFARS individual deviations

except for the individual or class deviations at DFARS 201.402(1) . Justification and approval must

be placed in the contract file.

(ii) SOF AT&L-KM shall approve deviations to SOFARS.

Subpart 5601.6 - CAREER DEVELOPMENT, CONTRACTING

AUTHORITY AND RESPONSIBILITIES

(Revised June 2018)

5601.601 General.

(1) Title 10, United States Code (U.S.C.), section 167(e)(4)(B), provides that the Commander, United

States Special Operations Command, has the authority to exercise the functions of the Head Of

Agency under Chapter 137 of Title 10, U.S.C., subject to the authority, direction and control of the

Secretary of Defense. In addition, the Director of Defense Procurement has delegated to the

Commander, USSOCOM, the authority to act as:

(i) Senior Procurement Executive (SPE) for USSOCOM, except for such actions that by terms of

statute or any other delegation must be exercised by the Under Secretary of Defense (Acquisition

and Technology); and,
(ii) Head Of Agency (HOA) for those functions prescribed by FAR and DFARS that are in addition to

those exercised under Chapter 137 of Title 10, U.S.C., pursuant to 10 U.S.C., Section 167(e)(4)(B).

(2) The Commander, USSOCOM, has delegated all delegable HOA and SPE authority to the Director,

Special Operations Forces Acquisition, Technology, and Logistics Acquisition Executive (SOAE). The

SOAE establishes policies, directs, and supervises USSOCOM activities with respect to contracting,

acquisition, and related matters. The USSOCOM Staff Judge Advocate is the legal advisor to the

Commander, USSOCOM, and SOAE.

(i) The SOAE has further delegated the authority to exercise certain HOA functions to the DoP with

the power of redelegation. Exceptions to this delegation include those actions reserved by FAR and

DFARS for Senior Executive Service (SES) members, Flag Officers, General Officers, or the authority

for the actions required by the agency head in the following:

FAR 1.404

FAR 6.501

FAR 19.201

FAR 19.505

FAR 19.812

FAR 27.303

FAR 34.003

FAR 34.005-6

FAR 35.014(b)

FAR 35.017-7

DFARS 201.404

DFARS 203.570-3

(ii) The following function cannot be delegated below the SES, Level IV (for USSOCOM the SPE):

FAR 32.006

PGI 206.302-1

(iii) In accordance with the FAR, the following functions are not delegable below the HOA:

FAR 23.506

FAR 27.306

(iv) The following function cannot be delegated below the Secretary of Defense:

DFARS 206.302-7

(v) The DoP shall maintain Head of Contracting Activity (HCA) authority as designated throughout
the FAR and DFARS. This authority is delegable in the absence of the DOP as permitted by the FAR

and DFARS.

(vi) The DOP or DDOP is responsible for the first-level performance appraisal of all military and

civilian headquarters contracting division or field contracting office chiefs.

(3) Unless otherwise specified in SOFARS, the approval level for contracting actions shall be the

Contracting Officer.

(4) The HOA authority to determine when acquisitions support contingency operations, humanitarian

or peacekeeping operations, facilitate the provision of international disaster assistance, support

response to emergency or major disasters, or facilitate defense against or recovery from cyber,

nuclear, biological, chemical, or radiological attack, is delegated to USSOCOM headquarters

contracting divisions and field contracting office chiefs.

(i) Once the determinations have been made in writing and included in each file, the following

authorities may be utilized:

FAR 13.000

FAR 13.201(g)

FAR 13.500(c)

FAR 18.2

DFARS 211.274-2(b)(1)

(5) (Removed June 2018)

5601.602 Contracting Officers.

(Revised November 2018)

(a) Based upon the authority of the USSOCOM Head of Agency Contracting Authority, the DoP shall

issue all contracting officer warrants for the command.

(1) Limited Warrants – Any limitations identified on the warrant are based on the individual contract

action.

(2) HCD/FCO Chiefs ultimately, have responsibility to ensure that limited authorities are utilized

appropriately to meet organizational needs and are in the best interest of the government

(b) The office of the contracting officer must be organizationally situated to minimize any potential

for undue influence and protect contracting officers from intra-organizational pressure to perform

improper acts.

(c) Personnel in other than the 1102 classification series are prohibited from being appointed or

serving as Contracting Officers. This requirement is not waivable on either an individual or class

basis.

(d) Commanders and others having administrative supervision over contracting officers must bear in
mind that actions exceeding the authority of a contracting officer are not binding on the

Government. Therefore, they shall not direct, or otherwise exert influence, upon a contracting

officer(s) to take such actions.

5601.602-1 Authority.

(Revised November 2013)

(b) It is the function of the USSOCOM Directorate of Procurement (SOF AT&L-K) to ensure that all

the business decisions made in support of procurements are examined and the decisions are

validated. Review and approvals will be conducted IAW Attachment 5601-1 and guidance found in

the DCG. Ensure all the documents required to sustain the contracting action are included when

submitting the decision for review and approval. Contracting officers shall maximize the use of

electronic transmission for all documents submitted for review and approval to the appropriate SOF

AT&L-K liaison officer.

(c) All documents and working papers will be marked and safeguarded in accordance with FAR 3.1 .

5601.602-2 Responsibilities.

(Removed June 2012, moved to 5601.604)

5601.602-2-90 Ordering Officers.

(Revised July 2013)

(a) The Contracting Officer is the appointing official for Ordering Officers. Ordering Officer authority

is limited to the following:

(1) Micro-purchases in accordance with FAR 13.201(a ), using the government purchase card or the

SF 44;

(2) Micro-purchases in accordance with FAR 13.201(g) when approved by the DoP in accordance

with 5613.306(a)(1) .

(3) Placing unilateral delivery orders against pre-priced, indefinite delivery type supply and service

contracts up to $25,000, provided the contract terms so permit;

(4) Placing delivery orders or verbal orders for up to $25,000 against Federal Supply Schedule, The

Federal Prison Industries, Inc., or the National Industries for the Blind or other Severely

Handicapped; or

(5) Placing individual orders against indefinite delivery type contracts for the preparation of

personal property for shipment by the government provided the contract terms so permit.

(b) Contracting officers must develop and conduct advanced ordering officer training sufficient to

prepare the ordering officer for the increased responsibilities when authorized to purchase single

actions greater than $3,000. Training must include but is not limited to:
(1) How to conduct FAR compliant competition;

(2) Proper documentation of competition results;

(3) Reporting actions in accordance with DFARS 204.6 ;

(4) Maintaining the order file.

(c) Contracting officers must conduct one hundred percent (100%) surveillance on all transactions

over $3,000. Perform surveillance within thirty (30) days of transaction when such action will not

compromise the mission of the deployment, organization, or unit.

5601.602-3 Ratification of Unauthorized Commitments. See DCG for required procedures.

Per the requirements of FAR 1.602-3(b)(2) and (3) , ratification authority for all actions shall be

reviewed and approved per Attachment 5601-1 .

5601.602-3-90 Procedures. (Removed November 2018)

5601.603 Selection, Appointment, and Termination of Appointment.

5601.603-3 Appointment.

(Revised June 2021))

The Chief, Contracting Office, will forward nominations for Contracting Officer Appointment to their

cognizant LNO who will after review, forward to SOF AT&L-KM/KX/KB as appropriate.

5601.603-3-90 Appointment of Contingency Contracting Officers.

(Revised September 2013-reorganization)

(a)All Contingency Contracting Officer (CCO) warrants are subject to the limitations of USSOCOM

business and contract clearance procedures. Contingency warrants are further limited to the

duration of the contingency or deployment and are only valid while actually deployed in support of a

contingency operation. Selection procedures shall comply with paragraph 5601.603-3.

(b)All CCOs shall attend the Defense Acquisition University (DAU) Contingency Contracting Course

(CON 234) prior to deployment. A waiver may be requested from the DOP if this requirement cannot

be met due to the urgency and immediacy of the mission.

(c)All contracting office chiefs shall notify SOF AT&L-KX of the deployment and redeployment of

contingency contracting officers to overseas locations when contracting authority is granted by a
USSOCOM issued warrant.

5601.604 Contracting Officers Representative.

(Revised June 2021)

(a) The Contracting Officer (KO) shall request and the requiring activity (i.e. each Center,

Component, and/or Theater Special Operations Command (TSOC)) shall nominate a Contracting

Officer’s Representative (COR) in accordance with DoD Instruction 5000.72, DoD Standard for

Contracting Officer’s Representative (COR) Certification for all service contracts, including

construction unless the conditions at DFARS PGI 201.602-2(d)(v)(A) are met.

(b) The KO will determine if a single COR or multiple/alternate CORs (i.e. PCOR/TR) are required to

assist in technical monitoring or administration of a contract.

(1) Primary Contracting Officer’s Representative (PCOR) – PCORs may be assigned by the KO; PCOR

responsibilities are non-delegable. The PCOR will serve as the senior technical advisor to the KO and

will execute KO designated contract management responsibilities via a network of CORs. The PCOR

may be responsible for functional oversight of KO-designated CORs but does not have any

supervisory authority over the CORs.

(2) Technical Representative (TR) – The TR is designated by the COR via the TR letter of

appointment and is accountable to the COR for performance of his or her designated duties and

responsibilities.

(c) Minimum COR competencies, experience and training will be based on the contract’s dollar

value, complexity, and performance risk. One of the following types of standards will be assigned.

(1) Type A: Fixed-price contracts without incentives and low performance risk.

(2) Type B: Fixed-price contracts without incentives other than low performance risk; and other than

fixed-price contracts. This includes everything other than Types A and C.

(3) Type C: Unique contract requirements that necessitate the COR have a higher education or

specialized training beyond the Type B requirements.

(4) All COR training must be completed before undertaking COR responsibilities.

(d) Procedures.

(1) Contracting officers shall execute the COR appointment in the DoD Procurement Integrated

Enterprise Environment (PIEE) Joint Appointment Module (JAM)

(i) IAW OUSD(AT&L) memorandum, dated February 10, 2014, Update to the Department of Defense

Contracting Officer Representative Tracking Tool, classified contracts are waived from this

requirement. The KO will accomplish an annual administrative review of COR files.

(ii) IAW SORDAC-K memorandum, dated December 1, 2014, “The Contracting Officer

Representative Tracking Tool and Wide Area Work Flow e-Business Suite V5.6.0 Deployment Plan,”

contracts that are either reported in ECITS or are not for public release are waived from the CORT-T

mandate.
(2) The COR must file and OGE 450 unless the KO determines that there is no conflict of interest

between the contractor or and of its subsidiaries. If necessary, request legal review.

(e) DoDI 5000.72 Enclosure 4 COR Performance and Appraisal:

(1) The KO will provide an annual assessment on the COR’s performance to the COR supervisor. If

performance is inadequate, the KO must provide a written assessment and discuss performance with

the COR. If reports or performance continue to be inadequate, notify both the COR and requiring

activity or COR management that the COR designation is (will be) terminated and request

nominations for a replacement COR. Only the KO can terminate appointment.

(2) The COR’s supervisor will ensure COR participation in the pre-award process and performance of

COR duties/responsibilities are properly addressed in the COR’s annual performance appraisal.

(f) Examples of COR Responsibilities and Certification Requirements: See DoDI 5000.72 Enclosure 6.

(g) See DCG for templates to request COR support, COR designation, and COR termination.

Subpart 5601.7 - DETERMINATIONS AND FINDINGS

(Added June 2018)

5601.704 Content.

(Revised November 2018Unless otherwise noted in the SOFARS or DCG, there is no prescribed

format or form for determinations and findings (D&Fs); however, D&Fs are required to contain the

information specified in FAR 1.704 and any information that is required by the specific FAR or

DFARS section under which the D&F is issued. DPC provides examples which can be found at the

following link DoD listing .

Subpart 5601 - ATTACHMENTS

Attachment 5601-1: USSOCOM REVIEW AND APPROVAL LEVELS

HQ, United States Special Operations Command

Special Operations Forces Acquisition, Technology, and Logistics (SOF AT&L)

SOFARS 5601

February 2007