17.9504 Post award actions and management

oversight.

(a) Tailored logistics support contracts are subject to continuous and rigorous management

oversight as follows:

(1) The program manager or Integrated Support Team (IST) chief (i.e., one level above the

contracting officer) for each tailored logistic support program (i.e., the team administering the

program, for example, metals, MRO supplies, or special operations) must perform quarterly pricing

reviews. Reviews will include a representative sample based on the total number of orders for that

period. Upon completion of these reviews, the tailored logistics support program manager/IST chief

must forward a report of the results, including any findings and corrective action plan, to the

Director of Supplier Operations or designee for review and approval. A copy of the report must be

kept as part of the contract file.

(2) Contract administration and compliance or contract review personnel at the procuring

organization must perform contract audits of vendors’ compliance with non-pricing contract terms

on at least a semi-annual basis. A copy of the report shall be provided to the contracting officer for

review and action, as necessary, and inclusion in the contract file.

(b) The DLA Acquisition Contract and Pricing Compliance Division assesses performance of selected

vendors. Assessments must examine the vendor’s adherence to the contract pricing methodology.

Vendors are chosen for review based on risk assessment factors, including contract dollar value,

previous annual audits, extent of competition, opportunities for refunds, reliance on the vendor’s

purchasing system, and outside agency reports. The DLA Acquisition Contract and Pricing

Compliance Division must furnish a copy of the assessments to the DLA Acquisition Director.

(c) Solicitations and contracts must include procurement note C08 when a tailored logistics support

contract relies on the contractor’s purchasing system to verify that the contractor competed the

items or services or to justify that prices are fair and reasonable.

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C08 Tailored Logistics Support Purchasing Reviews (FEB 2017)

(1) From the commencement of performance of this contract until 3 years after the final contract

payment, the contractor must allow the contracting officer, ACO, Defense Contract Management

Agency (DCMA), Defense Contract Audit Agency (DCAA), and any other duly authorized

representative of the contracting officer access to all records and information pertaining to those

items or services for which the Government is relying on the contractor’s purchasing system to

determine that competition was obtained or to justify that prices are fair and reasonable. The

contractor must maintain records subject to this clause for not less than 3 years after the contract

final payment.

(2) The contracting officer may conduct reviews of purchased items or services provided under this

contract regardless of dollar value that meet the criteria in paragraph (1) to ascertain whether the

contractor has obtained the best value. The contractor must obtain competition to the maximum

extent practicable for all purchases. Prior to purchasing any supplies or services, the contractor

must solicit a competitive quotation from at least two independently-competing firms. For other than
sole source items, the request for quotations must, to the maximum extent practical, solicit offers

from different manufacturers or producers. If the contractor is unable to obtain quotes for

competing items from two or more independently-competing firms, the contractor must retain

documentation supporting its rationale for selection of the suppliers solicited and selected and its

determination that the price was fair and reasonable. The contractor is responsible for maintaining

this documentation for all sole source/non-competitive actions. The following price reasonableness

and documentation requirements are applicable to all purchases, regardless of dollar value:

(i) A price is reasonable if it does not exceed a price incurred by a prudent person in the conduct of

competitive business. The contracting officer will examine the prices with particular care in

connection with buys that may not be subject to effective competition restraints. The contractor’s

price will not be presumed to be reasonable. If an initial review of the facts results in a challenge of

a specific price by the contracting officer or the contracting officer’s representative, the burden of

proof must be upon the contractor to establish that the price is reasonable under the standards in

FAR Subpart 15.4 and FAR 31.201-3.

(ii) The contractor must keep the documentation to a minimum, but must retain data supporting the

purchases either by paper or electronically. At a minimum, price quotations and invoices must be

retained. Should the contractor receive an oral price quotation, the contractor must document who

the supplier or subcontractor is by complete name, address, telephone number, price, terms and

other conditions quoted by each vendor. Price quotes for supplies must be broken down by

individual items, shipping costs, and any other included expenses. Price quotes for incidental

services which are not pre- priced in the contract must include labor hours and costs or prices, as

applicable, including the total price of the job, individual pricing for the portions of the work if

applicable, materials, and all other elements of cost, overhead, and profit. This price breakdown

documentation must be made for each subcontractor performing work on this contract.

(3) When applicable, if the contractor is purchasing from subcontractors or other sources and

receives a discount or rebates, the contractor must immediately pass these savings to the

Government in the contract price and invoice for payment. The contractor is required to use

diligence in the selection of the most economical method of delivery of the product or services by

selecting a best value method of delivery based on the urgency and nature of the work or product

required. When labor hours are involved in the work to be accomplished and the contractor has not

already pre-priced the effort to use its own labor force, the contractor must provide the labor at

rates required by the contract (for example, Service Contract Act or Davis-Bacon Act rates) or at

rates based on competition if mandatory rates are not required by the contract.

(4) If the contracting officer determines that the purchased product or service is unreasonably

priced, the contractor must refund to the Government the amount the contracting officer determines

is in excess of a reasonable price. The contracting officer must notify the contractor in writing in

accordance with FAR 32.604 Demand for Payment, giving the basis for the determination and the

amount to be refunded. The contractor must make the refund payment in accordance with directions

from the contracting officer, and must provide proof of the refund payment to the contracting

officer. The contracting officer may collect the amount due using all available means in accordance

with FAR Subpart 32.6. FAR 52.232-17, Interest, is applicable to payments not made within 30 days

of the demand for payment. Any disputes arising under this provision must be handled in accordance

with the “Disputes” clause of this contract.

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Parent topic: SUBPART 17.95 – TAILORED LOGISTICS SUPPORT CONTRACTING