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Department of the Treasury 

Acquisition Procedures

FY22 Edition

Version 1.7.1 

Effective 08/02/2023

FOREWORD

The Department of the Treasury’s Senior Procurement Executive publishes and maintains the 

Department of the Treasury Acquisition Procedures (DTAP) as authorized by the Federal

Acquisition Regulation (FAR), specifically FAR 1.301(a)(2), under delegated concurrent 

authority as the Deputy Chief Acquisition Officer and Director of the Office of the 

Procurement Executive. The DTAP provides binding internal Treasury guidance including 

designations and delegations of authority, assignments of responsibilities, workflow 

procedures, internal reporting requirements, and other procedures governing Treasury

procurement. 

The DTAP applies to all acquisitions of supplies and services with appropriated or nonappropriated funds performed by any Treasury office or bureau. The DTAP must be used in 

conjunction with the DTAR and FAR to ensure adherence to Treasury procurement policy, 

procedure, and federal procurement regulations. 

The DTAP is a supplement to the Department of the Treasury Acquisition Regulation

(DTAR), FAR, and other agency regulations and statutory requirements. The arrangement of

this edition corresponds to the FAR and DTAR, with subchapters, parts, subparts, sections, 

and subsections corresponding to their FAR and DTAR counterparts. 

Nicole Evans

Senior Procurement Executive
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Summary of Changes

The following reflects the technical amendments made under this version of the subject 

edition, including those associated with Federal Acquisition Circular (FAC) 2022-05. 

• General:

o Updated, as applicable, existing hyperlinks

o Added, as applicable, hyperlinks to referenced online resources

o Removed where applicable references/hyperlinks to Treasury HUB
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TABLE OF CONTENTS

PART 1001—DEPARTMENT OF THE TREASURY ACQUISITION PROCEDURES SYSTEM......... 9

Subpart 1001.1—Purpose, Authority, Issuance......................................................................................9

Subpart 1001.2—Administration..........................................................................................................11

Subpart 1001.3—Agency Acquisition Regulations..............................................................................11

Subpart 1001.4—Deviations from the FAR .........................................................................................15

Subpart 1001.6—Career Development, Contracting Authority, and Responsibilities.........................15

Subpart 1001.70—Other Determinations, Waivers, Exceptions, Approvals, Reviews, and Submittals29

PART 1002—DEFINITIONS .................................................................................................................... 30

Subpart 1002.1—Definitions................................................................................................................30

Subpart 1002.70—Abbreviations .........................................................................................................32

PART 1003—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST34

Subpart 1003.1—Safeguards ................................................................................................................34

Subpart 1003.2—Contractor Gratuities to Government Personnel ......................................................34

Subpart 1003.3—Reports of Suspected Antitrust Violations...............................................................35

Subpart 1003.4—Contingent Fees........................................................................................................35

Subpart 1003.6—Contracts with Government Employees or Organizations Owned or Controlled by 

Them..................................................................................................................................35

Subpart 1003.7—Voiding and Rescinding Contracts...........................................................................35

Subpart 1003.8—Limitations on the Payment of Funds to Influence Federal Transactions................36

Subpart 1003.9—Whistleblower Protections for Contractor Employees.............................................36

Subpart 1003.70—Prohibition on Recommending or Requiring Submission of Political Information36

PART 1004—ADMINISTRATIVE MATTERS ....................................................................................... 38

Subpart 1004.1—Contract Execution ...................................................................................................38

Subpart 1004.4—Safeguarding Classified Information within Industry ..............................................38

Subpart 1004.5—Electronic Commerce in Contracting .......................................................................40

Subpart 1004.6—Contract Reporting ...................................................................................................40

Subpart 1004.8—Government Contract Files.......................................................................................45

Subpart 1004.11—System for Award Management.............................................................................46

Subpart 1004.13—Personal Identity Verification.................................................................................46

Subpart 1004.16—Unique Procurement Instrument Identifiers...........................................................47

Subpart 1004.70—Small Business Review Procedures........................................................................48

Subpart 1004.71—Review and Approval Procedures..........................................................................50

Subpart 1004.72—Bureau Controls......................................................................................................53

Subpart 1004.73—Evaluation and Certification of Treasury Procurement Functions.........................53

Subpart 1004.74—Procurement Automation........................................................................................54

Subpart 1004.75—Procure-STAT Program..........................................................................................55

Subpart 1004.76—Treasury IT Acquisition Tracker............................................................................55

Subpart 1004.77—Records Management .............................................................................................56

Subpart 1004.78—Acquisition Management Review ..........................................................................59

PART 1005—PUBLICIZING CONTRACT ACTIONS ........................................................................... 61

Subpart 1005.2—Synopses of Proposed Contract Actions...................................................................61

Subpart 1005.3—Synopses of Contract Awards ..................................................................................61

Subpart 1005.4—Release of Information .............................................................................................61

Subpart 1005.5—Paid Advertisements.................................................................................................62
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PART 1006—COMPETITION REQUIREMENTS .................................................................................. 63

Subpart 1006.2—Full and Open Competition After Exclusion of Sources..........................................63

Subpart 1006.3—Other Than Full and Open Competition...................................................................63

Subpart 1006.5—Advocates for Competition.......................................................................................64

PART 1007—ACQUISITION PLANNING.............................................................................................. 66

Subpart 1007.1—Acquisition Plans......................................................................................................66

Subpart 1007.2—Planning for the Purchase of Supplies in Economic Quantities...............................72

Subpart 1007.3—Contractor Versus Government Performance...........................................................72

Subpart 1007.5—Inherently Governmental Functions.........................................................................72

Subpart 1007.70—Independent Government Cost Estimate ................................................................74

PART 1008—REQUIRED SOURCES OF SUPPLIES AND SERVICES ............................................... 76

Subpart 1008.4—Federal Supply Schedules.........................................................................................77

Subpart 1008.8—Acquisition of Printing and Related Supplies ..........................................................78

Subpart 1008.11—Leasing of Motor Vehicles.....................................................................................79

PART 1009—CONTRACTOR QUALIFICATIONS................................................................................ 80

Subpart 1009.1—Responsible Prospective Contractors.......................................................................80

Subpart 1009.2—Qualifications Requirements....................................................................................80

Subpart 1009.4—Debarment, Suspension, and Ineligibility ................................................................81

Subpart 1009.5—Organizational and Consultant Conflicts of Interest ................................................82

PART 1010—MARKET RESEARCH ...................................................................................................... 83

PART 1011—DESCRIBING AGENCY NEEDS...................................................................................... 86

Subpart 1011.1—Selecting and Developing Requirements Documents ..............................................87

Subpart 1011.2—Using and Maintaining Requirements Documents...................................................87

Subpart 1011.5—Liquidated Damages.................................................................................................87

Subpart 1011.6—Priorities and Allocations.........................................................................................87

PART 1012—ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.. 89

Subpart 1012.1—Acquisition of Commercial Products and Commercial Services .............................89

Subpart 1012.2—Special Requirements for the Acquisition of Commercial Products and 

Commercial Services.........................................................................................................89

Subpart 1012.3—Solicitation Provisions and Contract Clauses for the Acquisition of Commercial 

Products and Commercial Services...................................................................................89

PART 1013—SIMPLIFIED ACQUISITION PROCEDURES ................................................................. 91

Subpart 1013.1—Procedures ................................................................................................................91

Subpart 1013.2—Actions at or Below the Micro-Purchase Threshold ................................................91

Subpart 1013.3—Simplified Acquisition Methods...............................................................................91

Subpart 1013.5—Simplified Procedures for Certain Commercial Products and Commercial Services92

PART 1014—SEALED BIDDING............................................................................................................ 93

Subpart 1014.1—Use of Sealed Bidding ..............................................................................................93

Subpart 1014.2—Solicitation of Bids...................................................................................................93

Subpart 1014.4—Opening of Bids and Award of Contract..................................................................93

PART 1015—CONTRACTING BY NEGOTIATION.............................................................................. 94

Subpart 1015.1—Source Selection Processes and Techniques ............................................................94

Subpart 1015.2—Solicitation and Receipt of Proposals and Information............................................94

Subpart 1015.3—Source Selection .......................................................................................................95

Subpart 1015.4—Contract Pricing........................................................................................................97

Subpart 1015.5—Preaward, Award, and Postaward Notifications, Protests, and Mistakes.................98

Subpart 1015.6—Unsolicited Proposals...............................................................................................98
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PART 1016—TYPES OF CONTRACTS .................................................................................................. 99

Subpart 1016.2—Fixed-Price Contracts...............................................................................................99

Subpart 1016.4—Incentive Contracts...................................................................................................99

Subpart 1016.5—Indefinite-Delivery Contracts.................................................................................105

Subpart 1016.6—Time-and-Materials, Labor-Hour, and Letter Contracts ........................................106

Subpart 1016.7—Agreements.............................................................................................................106

PART 1017—SPECIAL CONTRACTING METHODS......................................................................... 107

Subpart 1017.1—Multi-Year Contracting ..........................................................................................107

Subpart 1017.2—Options ...................................................................................................................107

Subpart 1017.4—Leader Company Contracting.................................................................................108

Subpart 1017.5—Interagency Acquisitions........................................................................................109

Subpart 1017.70—Bridge Contracts...................................................................................................110

Subpart 1017.71—Treasury’s Category Management Program.........................................................111

PART 1018—EMERGENCY ACQUISITIONS ..................................................................................... 116

Subpart 1018.1—Available Acquisition Flexibilities.........................................................................116

Subpart 1018.2—Emergency Acquisition Flexibilities......................................................................116

PART 1019—SMALL BUSINESS PROGRAMS................................................................................... 117

Subpart 1019.2—Policies ...................................................................................................................117

Subpart 1019.3—Determination of Small Business Status for Small Business Programs.................118

Subpart 1019.4—Cooperation with the Small Business Administration............................................119

Subpart 1019.5—Set-Asides for Small Business................................................................................119

Subpart 1019.6—Certificates of Competency and Determinations of Responsibility .......................120

Subpart 1019.7—The Small Business Subcontracting Program ........................................................120

Subpart 1019.8—Contracting with the Small Business Administration (The 8(A) Program) ...........123

Subpart 1019.13—Historically Underutilized Business Zone (HUBZone) Program.........................125

Subpart 1019.14—Service-Disabled Veteran-Owned Small Business Procurement Program ..........125

Subpart 1019.15—Women-Owned Small Business Program ............................................................125

Subpart 1019.70—Contracting Opportunities in Federal Advertising (Executive Order 13170) ......125

PART 1020—[RESERVED].................................................................................................................... 127

PART 1021—[RESERVED].................................................................................................................... 128

PART 1022—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS................ 129

Subpart 1022.1—Basic Labor Policies...............................................................................................129

Subpart 1022.3—Contract Work Hours and Safety Standards Act....................................................130

Subpart 1022.4—Labor Standards for Contracts Involving Construction..........................................130

Subpart 1022.5—Use of Project Labor Agreements for Federal Construction Projects....................130

Subpart 1022.6—Contracts For Materials, Supplies, Articles, and Equipment Exceeding $15,000..131

Subpart 1022.8—Equal Employment Opportunity.............................................................................131

Subpart 1022.10—Service Contract Labor Standards........................................................................132

Subpart 1022.13—Equal Opportunity for Veterans ...........................................................................132

Subpart 1022.14—Employment of Workers with Disabilities...........................................................132

Subpart 1022.15—Prohibition of Acquisition of Products Produced by Forced or Indentured Child 

Labor................................................................................................................................133

Subpart 1022.16—Notification of Employee Rights Under the National Labor Relations Act.........133

Subpart 1022.17—Combating Trafficking in Persons........................................................................133

Subpart 1022.21—Establishing Paid Sick Leave for Federal Contractors. ........................................133

Subpart 1022.70 Fair inclusion of minorities and women..................................................................133
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PART 1023—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE....................... 134

Subpart 23.1—Sustainable Acquisition Policy...................................................................................134

Subpart 1023.2-Energy and Water Efficiency and .............................................................................134

Subpart 1023.4—Use of Recovered Materials and Biobased Products..............................................134

Subpart 1023.5—Drug-Free Workplace.............................................................................................134

Subpart 1023.7—Contracting for Environmentally Preferable Products and Services......................135

Subpart 1023.9—Contractor Compliance with Environmental Management Systems......................135

Subpart 1023.70—Participation of Environment, Health, and Safety Personnel in Treasury 

Procurements...................................................................................................................135

PART 1024—PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION......................... 139

Subpart 1024.1—Protection of Individual Privacy.............................................................................139

Subpart 1024.2—Freedom of Information Act...................................................................................139

PART 1025—FOREIGN ACQUISITION ............................................................................................... 143

Subpart 1025.1—Buy American—Supplies.......................................................................................143

Subpart 1025.2—Buy American—Construction Materials................................................................143

Subpart 1025.7—Prohibited Sources..................................................................................................144

Subpart 1025.10—Additional Foreign Acquisition Regulations........................................................144

PART 1026—OTHER SOCIOECONOMIC PROGRAMS..................................................................... 145

Subpart 1026.2—Major Disaster or Emergency Assistance Activities..............................................145

PART 1027—PATENTS, DATA, AND COPYRIGHTS........................................................................ 146

Subpart 1027.3—Patent Rights Under Government Contracts ..........................................................146

PART 1028—BONDS AND INSURANCE ............................................................................................ 147

Subpart 1028.1—Bonds and Other Financial Protections..................................................................147

Subpart 1028.2—Sureties and Other Security for Bonds...................................................................147

Subpart 1028.3—Insurance.................................................................................................................147

PART 1029—TAXES .............................................................................................................................. 149

Subpart 1029.3—State and Local Taxes.............................................................................................149

PART 1030—COST ACCOUNTING STANDARDS ADMINISTRATION......................................... 150

Subpart 1030.2—CAS Program Requirements ..................................................................................150

PART 1031—CONTRACT COST PRINCIPLES AND PROCEDURES .............................................. 151

Subpart 1031.1—Applicability ...........................................................................................................151

Subpart 1031.2—Contracts with Commercial Organizations.............................................................151

PART 1032—CONTRACT FINANCING............................................................................................... 152

Subpart 1032.1—Non-Commercial Item Purchase Financing ...........................................................152

Subpart 1032.2—Commercial Item Purchase Financing....................................................................152

Subpart 1032.4—Advance Payments for Non-Commercial Items.....................................................153

Subpart 1032.5—Progress Payments Based On Costs.......................................................................154

Subpart 1032.6—Contract Debts........................................................................................................154

Subpart 1032.7—Contract Funding..................................................................................................154

Subpart 1032.8—Assignment of Claims ............................................................................................155

Subpart 1032.9—Prompt Payment .....................................................................................................155

Subpart 1032.11—Electronic Funds Transfer ....................................................................................155

Subpart 1032.70—Electronic Submission and Processing of Payment Requests..............................155

PART 1033—PROTESTS, DISPUTES, AND APPEALS...................................................................... 156

Subpart 1033.1—Protests ...................................................................................................................156

Subpart 1033.2—Disputes and Appeals.............................................................................................157
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PART 1034—MAJOR SYSTEM ACQUISITION .................................................................................. 159

Subpart 1034.2—Earned Value Management System........................................................................159

PART 1035—RESEARCH AND DEVELOPMENT CONTRACTING ................................................ 160

PART 1036—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS ............................. 161

Subpart 1036.2—Special Aspects of Contracting for Construction ...................................................161

Subpart 1036.6—Architect-Engineer Services...................................................................................162

PART 1037—SERVICE CONTRACTING............................................................................................. 163

Subpart 1037.1—Service Contracts–General .....................................................................................163

Subpart 1037.2—Advisory and Assistance Services..........................................................................163

Subpart 1037.5—Management Oversight of......................................................................................164

Subpart 1037.6—Performance-Based Acquisition.............................................................................164

Subpart 1037.70—Contracting for Audit or Certain Nonaudit Services............................................164

PART 1039—ACQUISITION OF INFORMATION TECHNOLOGY.................................................. 168

Subpart 1039.1—General ...................................................................................................................168

Subpart 1039.2—Electronic and Information Technology.................................................................168

Subpart 1039.70—Federal IT Acquisition Reform Act......................................................................168

PART 1040—[RESERVED].................................................................................................................... 170

PART 1041—ACQUISITION OF UTILITY SERVICES....................................................................... 171

Subpart 1041.1—General ...................................................................................................................171

Subpart 1041.5—Solicitation Provision and Contract Clauses ..........................................................171

PART 1042—CONTRACT ADMINISTRATION AND AUDIT SERVICES....................................... 172

Subpart 1042.1—Contract Audit Services..........................................................................................172

Subpart 1042.5—Postaward Orientation ............................................................................................174

Subpart 1042.6—Corporate Administrative Contracting Officer.......................................................175

Subpart 1042.7—Indirect Cost Rates .................................................................................................175

Subpart 1042.8—Disallowance of Costs............................................................................................175

Subpart 1042.15—Contractor Performance Information....................................................................176

PART 1043—CONTRACT MODIFICATIONS ..................................................................................... 178

Subpart 1043.1—General ...................................................................................................................178

PART 1044—SUBCONTRACTING POLICIES AND PROCEDURES................................................ 179

Subpart 1044.3—Contractors’ Purchasing Systems Reviews............................................................179

PART 1045—GOVERNMENT PROPERTY.......................................................................................... 180

Subpart 1045.3—Authorizing the Use and Rental of Government Property .....................................180

PART 1046—QUALITY ASSURANCE................................................................................................. 181

Subpart 1046.3—Contract Clauses.....................................................................................................181

Subpart 1046.4—Government contract quality assurance..................................................................181

Subpart 1046.5—Acceptance..............................................................................................................181

Subpart 1046.6—Material Inspection and Receiving Reports............................................................181

Subpart 1046.7—Warranties...............................................................................................................182

Subpart 1046.70—Major Acquisition Program (MAP) Reviews.......................................................183

PART 1047—TRANSPORTATION ....................................................................................................... 185

Subpart 1047.5—Ocean Transportation by U.S.-Flag Vessels...........................................................185

PART 1048—VALUE ENGINEERING.................................................................................................. 186

Subpart 1048.1—Policies and Procedures..........................................................................................186

Subpart 1048.2—Contract Clauses.....................................................................................................186
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PART 1049—TERMINATION OF CONTRACTS................................................................................. 187

Subpart 1049.1—General Principles ..................................................................................................187

Subpart 1049.4—Termination for Default..........................................................................................187

PART 1050—EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT ............ 188

Subpart 1050.1—Extraordinary Contractual Actions.........................................................................188

PART 1051—USE OF GOVERNMENT SOURCES BY CONTRACTORS......................................... 189

PART 1052—SOLICITATION PROVISIONS AND CONTRACT CLAUSES.................................... 190

Subpart 1052.2—Texts of Provisions and Clauses.............................................................................190

PART 1053—FORMS.............................................................................................................................. 199

Subpart 1053.1—General ...................................................................................................................199

Subpart 1053.2—Prescription of Forms.............................................................................................200

Subpart 1053.3—Illustration of Forms...............................................................................................203

Subpart 1053.70—Acquisition Documentation Matrix......................................................................205
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PART 1001—DEPARTMENT OF THE TREASURY ACQUISITION 

PROCEDURES SYSTEM

Subpart 1001.1—Purpose, Authority, Issuance

1001.101 Purpose.

See DTAR 1001.101for Treasury’s requirement. The Department of Treasury 

Acquisition Procedures (DTAP) is issued by the Senior Procurement Executive (SPE). The 

DTAP establishes Treasury’s uniform department-wide acquisition policies and procedures, 

which implement or supplement the Federal Acquisition Regulation (FAR), Department of

the Treasury Acquisition Regulation (DTAR), and other agency regulations and statutory 

requirements. The DTAP is not a complete system of policies and procedures and shall be 

used in conjunction with the FAR, DTAR and other agency regulations and statutory 

requirements.

1001.102 Statement of guiding principles for the Federal Acquisition System.

(e) The FAR, DTAR, and the supplemental DTAP are to be construed liberally to achieve 

optimum benefit and maximum value for all Treasury acquisitions, and subsequent actions 

pursuant thereto should be consistent with statutory and regulatory requirements, policy, and 

sound business judgment.

1001.102-2 Performance standards.

(b)(2) The Office of the Procurement Executive (OPE) strongly encourages and supports 

innovation when using the FAR system for Treasury acquisitions (see Office of Federal 

Procurement Policy (OFPP) memorandum dated March 9, 2016 entitled, “Acquisition 

Innovation Labs & Pilot for Digital Acquisition Innovation Lab”). An Acquisition 

Innovation Advocate (AIA) has been designated within Treasury to review Treasury 

personnel ideas and information they have submitted on innovative ways to improve the 

acquisition process within Treasury and Government-wide. Treasury personnel can submit 

ideas directly to the AIA or to the OPE’s e-mail at

OfficeoftheProcurementExecutive@treasury.gov.

1001.103 Authority.

(a) The DTAP is issued pursuant to Treasury Directive 12-11, Authorities of the Senior 

Procurement Executive.

1001.104 Applicability.

See DTAR 1001.104 Applicability for Treasury’s requirement. The DTAP applies to all 

acquisitions involving the obligation of appropriated or non-appropriated funds.

1001.105-1 Publication and code arrangement.

See DTAR 1001.105-1 Publication and code arrangement for Treasury’s requirement. 

The DTAP is issued electronically and available at http://www.treasury.gov.

1001.105-2 Arrangement of regulations.

See DTAR 1001.105-2 Arrangement of regulations for Treasury’s requirement. DTAR 

supplemental numbering follows 1001.105-270(b)(3).
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1001.105-270 Arrangement of the DTAP.

(a) General. The DTAP is divided into subchapters, parts (each of which covers a 

separate aspect of acquisition), subparts, sections, and subsections.

(b) Numbering. (1) The DTAP conforms to the arrangement and numbering system 

prescribed by FAR 1.105. 

(2) DTAP coverage is identified by the prefix “10” and followed by the complete 

DTAP citation which may be down to the subparagraph level (e.g., DTAP 1001.105-3(a)(1)). 

See paragraph (c) below for example of citations.

(3) Coverage in the DTAP that supplements the FAR will use subchapter, part, 

subpart, section and subsection numbers ending in "70" and up (e.g., DTAP 1001.202-70). 

To avoid confusion, FAR and DTAR paragraphs and subparagraphs to the extent possible are 

not supplemented and instead text is numbered as if it were implemented (e.g., FAR 19 is

implemented as 1019). Examples of supplemental numbering are—

(i) part would be DTAP part 1070.

(ii) subpart would be DTAP subpart 1001.70.

(iii) section would be DTAP 1001.101.

(iv) subsection would be DTAP 1001.105-370.

(4) Coverage in the DTAP, other than that identified with a "70" or higher number, 

that implements the FAR or DTAR will use the identical number sequence and title of the 

FAR or DTAR segment being implemented which may be down to the subparagraph level 

(e.g., DTAP 1001.105-3(a)). 

(c) References and citations.

(1) Unless otherwise stated, cross-references indicate parts, subparts, sections, 

subsections, paragraphs, subparagraphs, or subdivisions of this document. Cross references to 

the FAR, DTAR, or other Treasury requirements will be cited by "FAR", "DTAR", or "the 

Treasury requirement title" followed by its numbered citation. As an electronic document, 

the DTAP contains many hyperlinks to the word or term referenced in the text.

(2) The DTAP may be referred to as the Department of the Treasury Acquisition 

Procedure or the DTAP. 

(3) Using the DTAP coverage at 1001.105-3(a) as a typical illustration, reference to 

the—

(i) part would be “DTAP part 1001” outside the DTAP and “part 1001” within the 

DTAP.

(ii) subpart would be “DTAP subpart 1001.1” outside the DTAP and “subpart 

1001.1’’ within the DTAP.

(iii) section would be “DTAP 1001.105” outside the DTAP and “1001.105” 

within the DTAP.

(iv) subsection would be “DTAP 1001.105-3” outside the DTAP and “1001.105-

3” within the DTAP.

(v) paragraph would be “DTAP 1001.105-3(a)” outside the DTAP and “1001.105-

3(a)” within the DTAP.

(4) Citations of authority (e.g., statutes or Executive orders) in the DTAP shall follow 

the Federal Register format guidance’s. 

1001.105-3 Copies.
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(a) See DTAR 1001.105-3 Copies for Treasury’s requirement. The DTAR and DTAP are 

issued electronically and a loose-leaf versions may be downloaded at http://www.eCFR.gov

and http://www.treasury.gov, respectively. No hardcopy distribution of the DTAR or DTAP 

will be made. 

1001.106 OMB approval under the Paperwork Reduction Act.

See DTAR 1001.106 OMB Approval under the Paperwork Reduction Act for Treasury’s 

requirement. Bureaus seeking to establish an information collection other than those 

prescribed by the DTAR 1001.106 shall submit a request for review and approval to the SPE 

in accordance with 1001.7000(a)(2). Bureau information collections established prior to 

October 1, 2017, must be submitted for SPE approval prior to their renewal in accordance 

with 1001.7000(a)(2).

Subpart 1001.2—Administration

1001.202-70 Departmental Compliance with the FAR, DTAR, and DTAP. 

(a) Agency compliance with the DTAR and DTAP (see 1001.304) is the responsibility of the 

SPE. 

(b) Treasury personnel with questions concerning the FAR, DTAR, and DTAP may contact

the OPE at OfficeoftheProcurementExecutive@treasury.gov.

Subpart 1001.3—Agency Acquisition Regulations

1001.301 Policy.

(a)(1) See DTAR 1001.301 Policy for Treasury’s requirement.

(2) The DTAP establishes internal Treasury acquisition policies and procedures for all 

acquisition activities in Treasury. If there is any conflict between the codified FAR and the 

language in the DTAP, the codified FAR takes precedence. If there is any conflict between 

the codified DTAR and the language in the DTAP, the codified DTAR takes precedence.

(i) Treasury acquisition resources that do not meet the criteria in paragraphs (a)(1) 

or (2) of this section are available at Treasury OPE SharePoint.

(b) Proposed Bureau acquisition regulations shall be submitted to the SPE for approval 

and determination if publication in the Federal Register is required (see 1001.370). 

1001.301-70 Amendment to the DTAR.

1001.301-7001 Definition.

“Acquisition Bulletin (AB)” means a document signed by the SPE for the purposes of 

amending the DTAR prior to formal publication and codification of the agency requirement

as prescribed by FAR 1.301 or the issuance of a deviation as defined in FAR 1.401 in order

to address an agency requirement or direction by the Civilian Agency Acquisition Council 

(CAAC) Chair. 

1001.301-7002 General. 

(a) The SPE will issue ABs as determined to be necessary to address agency needs.

(1) Effective date. ABs will contain the effective date of the amendment to the 

DTAR. 
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(2) AB numbering. ABs will be numbered consecutively on a fiscal year basis 

beginning with number "01" prefixed by the fiscal year (e.g., 15-01).

(b) Treasury personnel may submit recommendations for the purpose of amending the 

DTAR to the OfficeoftheProcurementExecutive@treasury.gov. 

1001.301-71 Amendment to the DTAP.

1001.301-7101 Definition.

“Acquisition Procedure Updates (APU)” means a document signed by the SPE for the 

purposes of amending the DTAP prior to the issuance of a new edition of the DTAP.

1001.301-7102 General. 

On an annual basis, the OPE will review the DTAP for purposes of: ensuring currency,

accuracy, and continued necessity of a policy or procedure; inclusion of innovative practices;

incorporation of any ABs or APUs issued since the issuance of the current edition of the 

DTAP; and make other amendments as deemed necessary. Bureaus may be provided an 

opportunity to review a draft of the proposed new edition of the DTAP prior to its release. 

Once the DTAP is revised to incorporate ABs or APUs, those documents become obsolete 

and are promptly removed from Treasury websites. 

(a) The SPE will issue APUs as determined to be necessary to address agency needs.

APUs remain in effect until otherwise canceled, superseded or included within a future 

edition of the DTAP.

(1) Effective date. APUs will contain the effective date of the amendment to the 

DTAP. 

(2) APU numbering. APUs will be numbered consecutively on a fiscal year basis 

beginning with number "01" prefixed by the fiscal year (e.g., 15-01).

(b) Treasury personnel may submit recommendations for the purpose of amending the 

DTAP to OfficeoftheProcurementExecutive@treasury.gov. 

1001.301-72 Other methods of communication.

The SPE may elect to use other means (e.g., group e-mail) to convey important or 

interesting acquisition information to Treasury personnel. This may include coordinating 

with other Treasury offices to issue joint memorandum that establishes requirements in 

advance of the issuance of an AB, APU, amendments to the DTAR or issuance of a new 

DTAP edition. Policies conveyed by email or other informal means will be incorporated into 

any appropriate policy documents as earlier as practicable.

1001.303 Publication and codification.

The DTAR is codified under chapter 10 in Title 48, Code of Federal Regulations.

Bureau supplements to FAR, DTAR or DTAP requirements must parallel the same 

numbering as its FAR, DTAR or DTAP counterpart, except Bureau supplemental numbering 

shall use numbering of 90 and up, instead of 70 and up. Bureau implementation of a FAR, 

DTAR or DTAP requirement must parallel the same numbering as its FAR, DTAR or DTAP 

counterpart. Examples would be FAR 19 implemented as 1019 and supplemented as 1019-

90 within a Bureau supplement to the FAR. See 1001.370.
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1001.304 Agency control and compliance procedures.

(a) See DTAR 1001.304 Agency control and compliance procedures for Treasury’s

requirements. The DTAP is under the direct oversight and control of the OPE, which is 

responsible for the evaluation, review, and issuance of all Treasury-wide acquisition 

regulations, policies, procedures, and guidance. Treasury’s goal is to ensure the DTAR and 

DTAP are consistent with the FAR unless the FAR prescribes otherwise. Due to the leadtime necessary to implement FAR changes, conflict or inconsistency may exist. In those 

cases, the FAR takes precedence over the DTAR and DTAP, unless a deviation is approved.

(c) The SPE is responsible for recommending regulations or clauses for inclusion into the 

FAR. BCPOs are responsible for evaluating their respective Bureau acquisition regulations, 

policies and procedures, and guidance to determine if any could apply to other agencies or 

Treasury-wide. Coverage not peculiar to a Bureau or Treasury as a whole, particularly those 

involving uniform and policies and procedures with potential for implementation on a federal 

government-wide basis, shall be forwarded to OPE at

OfficeoftheProcurementExecutive@treasury.gov for consideration. Possible coverage that 

might apply Treasury-wide shall be forwarded to OPE at 

OfficeoftheProcurementExecutive@treasury.gov for consideration. For purposes of 

submission to OPE, Treasury Standard Form (SF) 1070, Business Case for proposed 

amendment to the FAR or DTAR, shall be used. Technical edits do not require use of this

form and can be submitted directly to the point of contact provided in this paragraph.

1001.370 Bureau acquisition regulations, procedures, and guidance.

(a) Arrangement. Bureau acquisition regulations and procedures shall conform to FAR 

1.105-2 and DTAP 1001.303. 

(b) Bureau control and compliance procedures. Under the authorities of FAR 1.301(d), 

Bureaus shall control and limit issuance of Bureau acquisition regulations and, in particular, 

local Bureau policies and procedures and other guidance that restrain the flexibilities found 

in the FAR, DTAR, and DTAP and shall establish formal procedures for the review of these 

documents to assure compliance with the FAR, DTAR, and DTAP. See 1001.301 in the 

event of any conflict between a Bureau regulation, policy, procedure, or guidance and the 

FAR, DTAR, or DTAP.

(c) Bureau acquisition regulations.

(1) A Head of the Contracting Activity (HCA) may issue acquisition regulations as 

necessary to implement or supplement the FAR, DTAR, DTAP, or Bureau regulations. Prior 

to establishing such acquisition regulations, the Bureau shall forward the proposed Bureau 

acquisition regulations to the SPE for review and approval in accordance with 

1001.7000(a)(1). The submission shall use Treasury SF 1071, Business Case for Proposed 

Bureau Regulations. The Bureau can reach out to OPE for assistance in completing the form.

(2) Bureau acquisition regulations shall—

(i) Pertain only to the Bureau;

(ii) Be limited to those necessary to implement FAR, DTAR, or DTAP policies 

and procedures within the agency; 

(iii) Be limited to those additional policies, procedures, solicitation provisions, or 

contract clauses that supplement the FAR, DTAR, or DTAP to satisfy the specific needs of 

the Bureau;

(iv) Be reviewed regularly, no less than annually, for currency, accuracy and 

continued necessity, and approved in accordance with Bureau procedures; 
Page 14 of 205

(v) Be consistent with the policies and procedures of the FAR, DTAR, and DTAP 

and other Treasury guidance and follow the format, arrangement, and numbering as specified 

in 1001.105-270 and 1001.303; and

(vi) Be electronically accessible to the public. OPE’s preference is for the Bureau 

regulation to be posted on the Bureau’s public website related to Bureau acquisition office.

(3) The HCA is responsible for ensuring a plan is established for developing, 

maintaining, and ensuring Bureau compliance with Bureau issued acquisition regulations.

(d) Bureau acquisition procedures.

(1) BCPOs may issue local acquisition procedures unique to the Bureau to 

supplement the FAR, DTAR, DTAP or Bureau regulation as necessary for the sound 

functioning of its acquisition function. Bureau acquisition procedures shall-

(i) Be developed only to the extent necessary to fully implement and execute 

FAR, DTAR, DTAP and Bureau regulatory requirements;

(ii) Contain no material which duplicates, unless necessary for clarity, repeats, 

paraphrases, restates, or is inconsistent with content contained in the FAR, DTAR, DTAP or 

Bureau regulations;

(iii) Contain no content except as required by law or as provided in FAR 1.4, that 

is in conflict or inconsistent with content contained in the FAR, DTAR or DTAP;

(iv) Be reviewed regularly, no less than annually, for currency, accuracy and 

continued necessity, and approved in accordance with Bureau procedures; 

(v) Be consistent with the policies and procedures of the FAR, DTAR and DTAP 

and other Treasury guidance and follow the format, arrangement, and numbering as specified 

in 1001.105-270 and 1001.303; and

(vi) Be electronically accessible to the public. OPE’s preference is for the Bureau 

procedure to be posted on the Bureau’s public website related to Bureau acquisition office.

(2) The HCA is responsible for ensuring that BCPOs comply with paragraph (d)(1) of 

this section and have an established plan for developing, maintaining, and ensuring 

compliance with Bureau issued acquisition procedures.

(e) Bureau acquisition guidance.

(1) Bureaus may issue acquisition guidance unique to the Bureau to supplement the 

FAR, DTAR, DTAP, OPE guidance, Bureau regulations or Bureau procedures as necessary 

for the sound functioning of its acquisition function. Bureau acquisition guidance shall-

(i) Be developed only to the extent necessary to support the implementation and 

execution of FAR, DTAR, DTAP, OPE guidance, and Bureau regulation and procedure 

requirements;

(ii) Contain no material which duplicates, unless necessary for clarity, repeats, 

paraphrases, restates, or is inconsistent with content contained in the FAR, DTAR, DTAP

OPE guidance, or Bureau regulation or procedure; and

(iii) Be reviewed regularly, no less than annually, for currency, accuracy and 

continued necessity, and approved in accordance with Bureau procedures.

(f) General. 

(1) Bureaus shall in developing acquisition regulations, policies, procedures and other 

such guidance comply with—

(i) The Plain Writing Act of 2010 signed on October 13, 2010, which requires 

Agencies to use "clear Government communication that the public can understand and use" 

and
Page 15 of 205

(A) PlainLanguage.gov provides tips and examples and numerous other 

resources for use.

(ii) Executive Order 13563 of January 18, 2011, Improving Regulation and 

Regulatory Review", which states that "[our regulatory system] must ensure that regulations 

are accessible, consistent, written in plain language, and easy to understand." 

Subpart 1001.4—Deviations from the FAR

1001.403 Individual deviations.

See DTAR 1001.403 Individual deviations for the designated approving authority of 

individual deviations. BCPO shall submit FAR, DTAR and DTAP individual deviation

requests, inclusive of all supporting documentation, to the SPE in accordance with 

1001.7000(a)(1) using the format prescribed by 1001.470. Copies of current Treasury 

individual deviations are located at Treasury OPE SharePoint.

1001.404 Class deviations.

Copies of current Treasury class deviations are located at Treasury OPE SharePoint.

(a) See DTAR 1001.404 Class deviations for the designated approving authority for class 

deviations. The SPE shall appropriately consult with the Chairperson of the Civilian Agency 

Acquisition Council (CAAC) and furnish a copy of each approved FAR class deviation to the 

FAR Secretariat. BCPOs shall submit FAR, DTAR and DTAP class deviation requests, 

inclusive of all supporting documentation, to the SPE in accordance with 1001.7000(a)(1)

using the format prescribed by 1001.470. 

1001.470 Deviation request format.

A deviation request shall clearly set forth the—

(a) Identification of the citation of the specific part of the FAR, DTAR, or DTAP from 

which a deviation is needed; 

(b) Recommended revisions to the FAR, if any;

(c) Nature of the deviation, including, if applicable, what contract(s) or contractor(s) 

involved; 

(d) Reasons for the action requested (e.g., avoidance or correction of a problem or 

undesirable situation); 

(e) Circumstances under which the deviation will be used;

(f) Proposed wording of the deviation and associated Bureau regulation, procedure or 

other acquisition guidance, if applicable;

(g) Intended impact of the deviation; 

(h) Identification if the request is an individual or class deviation request; 

(i) Indication which paragraphs of FAR 1.401 best categorized the deviation; 

(j) Period of applicability; and

(k) Bureau legal counsel comments and disposition of their comments.

Subpart 1001.6—Career Development, Contracting Authority, and 

Responsibilities

1001.601 General.
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Treasury Order 101-30, Designation of “Head of Agency” for Procurement Matters, 

delegates authority from the Secretary to the Assistant Secretary for Management and Chief 

Financial Officer (ASM/CFO) as Head of the Agency. Treasury Directive 12-11, Authorities 

of the Senior Procurement Executive, in turn, re-delegates certain authorities from the

ASM/CFO to the SPE.

The SPE hereby re-delegates procurement authority, except where prohibited by law, 

regulation, or policy to the Bureau HCAs as set forth in Table 1 below. The Bureau HCA is 

responsible for the operation and oversight of a procurement system that is in compliance 

with applicable laws, regulations, policies, standards, and performance goals to carry out 

their delegated procurement authority to support the office or offices designated in Table 1 

below. Each HCA, in consultation with the SPE, will appoint a single BCPO as the senior 

procurement official at their Bureau. The BCPO shall be responsible for executing the 

procurement authority assigned to the HCA in Table 1 below except for functions retained by 

the HCA, or except where prohibited by law, regulation, or policy, or otherwise delegated 

pursuant to 1001.603-3(b). The HCA shall hold the BCPO accountable for performance 

commitments furnished by the SPE. The HCA may re-delegate authority of the acquisition 

system to officials at a level not lower than the BCPO. The HCA shall be the recommending 

or approving authority for BCPO performance unless a different arrangement is authorized 

by the SPE in writing. Any request for procurement support to be provided by other than the 

contracting activity designated in Table 1 below shall be executed in accordance with subpart 

1017.5. 

The changes in delegation address procurement authority only and are not intended to 

involve or require the transfer of budgetary resources. For a Bureau HCA fulfilling these 

responsibilities on behalf of another component of Treasury, HCA duties will be performed 

on a reimbursable basis unless other arrangements are made through the budget process. 
Page 17 of 205

Table 1

Bureau HCA Authority and Designated Contracting Office1

Comptroller of the Currency

(OCC)

Authority conferred through 12 U.S.C. 5416 to 

award and administer contracts on behalf of the OCC

Deputy Director, Chief 

Administration Officer, Bureau 

of Engraving and Printing

(BEP)

Award and administer contracts on behalf of BEP, 

excluding Information Technology (IT) contracts

Deputy Commissioner for 

Operations Support, Internal 

Revenue Service (IRS)

Award and administer contracts on behalf of the IRS 

and Departmental Offices (DO)2

Award and administer IT contracts on behalf of BEP.

Director, United States Mint Award and administer contracts for products and 

services unique to U.S. Mint operations and 

programs in accordance with the 12th proviso of 31 

U.S.C. 5136. 

Deputy Commissioner 

Accounting and Shared 

Services, Bureau of the Fiscal 

Service (BFS)

Award and administer contracts on behalf of BFS, 

FinCEN, and TTB

Award and administer contracts on behalf of U.S. 

Mint for products and services that are not unique to 

U.S. Mint operations and programs pursuant to the 

12th proviso of 31 U.S.C. 5136

Award and administer contracts on behalf of other 

Treasury bureaus and other Agencies pursuant to the 

Franchise Fund (31 U.S.C. 322 note)

Inspector General (OIG) Award and administer contracts on behalf of the OIG 

Special Inspector General for 

Troubled Asset Relief Program

(SIGTARP)

Authority conferred through 12 U.S.C. 5231 to 

award and administer contracts on behalf of the 

SIGTARP

Treasury Inspector General for 

Tax Administration (TIGTA)

Award and administer contracts on behalf of the 

TIGTA 1 Delegated authority does not preclude awarding contracts on behalf of other agencies or organizations 

pursuant to the Economy Act (31 U.S.C. 1535) or similar authority. 2 For historical reasons the following DO organizations obtain procurement support and are aligned with 

the HCA of the Bureau of the Fiscal Service: Community Development Financial Institutions (CDFI), 

Office of Financial Research (OFR), Office of Financial and Information Technology (OFIT), and the 

Financial Stability Oversight Council (FSOC). 3 Unique U.S. Mint operations and programs are those related to the production, administration, 

distribution, marketing, purchase, sale, and management of coinage and numismatic items, and the 

protection and safeguarding of assets. Non-unique products and services generally include 

Telecommunications and Communications; Office Supplies and Equipment; Administrative, 

Management, and Technical Support Services; and IT Hardware Software, and Support Services. The 

U.S. Mint HCA, or designee, in consultation with the SPE, shall determine which specific contracts or 

class of contracts is for products and services unique to U.S. Mint operations and programs. 
Page 18 of 205

Procurement authority may be vested in Treasury employees either through warrants (i.e.,

SF 1402, “Certificate of Appointment”) or through written delegation of procurement 

authority (DPA). A SF 1402 is required for procurement authority exceeding the micropurchase threshold. A written DPA is required for micro-purchase authority (i.e.,

governmentwide commercial purchase cardholder, convenience check holder) and ordering 

officer. 

1001.602 Contracting officers.

1001.602-1 Authority.

(a) An example of CO authority is a CO awarding a BPA shall have a warrant covering 

the total value of the BPA, while a CO issuing an order against the BPA need only have a 

warrant covering the total value of the order.

1001.602-2 Responsibilities.

(d) See 1001.670 for Treasury’s requirements regarding the selection, appointment and 

termination of a Contracting Officer’s Representative (COR).

1001.602-3 Ratification of unauthorized commitments. 

(b)(2) Unauthorized commitments at and below the simplified acquisition threshold 

(SAT) may be ratified by the BCPO. The BCPO for the IRS may delegate authority, without 

re-delegation, to the Area Chief Procurement Officers to ratify unauthorized commitments at 

or below $15,000. Unauthorized commitments exceeding the SAT may be ratified by the 

SPE. 

(i) Ratifications exceeding the SAT shall be reviewed and approved by the Bureau 

head (e.g., for Departmental Offices, the Director) where the unauthorized commitment was 

made, and the HCA being asked to perform the ratification prior to being submitted to the 

SPE. 

(ii) Legal counsel review and concurrence shall be obtained for all ratifications 

exceeding $15,000. 

(b)(4) The CO shall use Treasury SF 1030, Request for Ratification of an Unauthorized 

Commitment and Treasury SF 1031, Determination and Findings - Ratification of an 

Unauthorized Commitment for the purposes of processing unauthorized commitments. 

(c)(7)(i) Case file. For purposes of processing the ratification of an unauthorized 

commitment a case file shall be prepared by the CO with information provided by the 

responsible program office for all ratifications exceeding the micro-purchase threshold. The 

case file shall be reviewed and approved by an individual within the responsible program 

office at a sufficiently high level to ensure that appropriate administrative and/or disciplinary 

actions are carried out. The case file shall demonstrate that the circumstances set forth in 

FAR 1.602-3(c)(1) through (c)(6) are met and include— 

(A) All relevant documents and facts concerning the unauthorized 

commitment;

(B) The proposed modification/award with supporting documentation; 

(C) Treasury SF 1030, Request for Ratification of an Unauthorized 

Commitment; and

(D) Treasury SF 1031 Determination and Findings - Ratification of an 

Unauthorized Commitment.
Page 19 of 205

(ii) Record keeping. BCPOs shall maintain a log on both approved and 

unapproved requests for ratification of unauthorized commitments. The log shall include at a 

minimum—

(A)Date of and dollar amount of the unauthorized commitment;

(B) Name of the individual who committed the unauthorized commitment;

(C) Indication if the unauthorized commitment was approved or unapproved;

(D)Name of the ratifying official; and

(E) Name of the vendor.

1001.603 Selection, appointment, and termination of appointment for contracting 

officers.

1001.603-1 General.

Treasury Directive 12-11, Authorities of the Senior Procurement Executive, delegates to 

the SPE authority and responsibility for establishing and maintaining a procurement career 

management program and a system for the selection, appointment, and termination of 

appointment of COs. The Bureau HCA with authority to delegate no lower than the BCPO is 

authorized via 1001.601 to select and appoint COs and to terminate such appointments. 

BCPOs are responsible for establishing Bureau procedures concerning CO nomination,

selection, and termination process. BCPOs shall also establish internal controls to ensure 

individuals appointed as COs continue to fulfill all requirements and that systems (e.g.,

contract writing systems) are promptly updated to reflect changes in CO appointments.

(a) Paragraphs (a)(1) thru (a)(4) of this subsection are the warrant levels established by 

the SPE for use in the appointment of COs. These warrant levels require the individual to 

meet the standards described in 1001.603-2 and 1001.603-5 for purposes of obtaining and 

maintaining a warrant respectively. The Bureau HCA, or designated BCPO, may further 

limit procurement authority at their discretion.

(1) LEVEL 1 - Acquisitions up to the SAT;

(2) LEVEL 2 - Acquisitions up to $1 million; 

(3) LEVEL 3 - Acquisitions greater than $1 million and up to $25 million; and

(4) LEVEL 4 - Acquisitions greater than $25 million and up to no monetary 

limitations (also known as an unlimited warrant).

(b) The goal is not to have all contracting professionals obtain warrants; instead, Bureaus 

are strongly encouraged to consider the breadth and depth of the organizational need; thereby 

ensure the Bureau has the appropriate number, type (e.g., permanent vs. temporary) and mix 

(e.g., dollar threshold and complexity) of warranted individuals to meet the organizational 

needs. See OFPP memorandum dated May 18, 2018 entitled, "Federal Acquisition 

Certification in Contracting (FAC-C) in Digital Services". An individual shall meet the 

requirements prescribed in FAR 1.603-2 and 1001.603-2 for consideration of becoming a 

CO.

1001.603-2 Selection. 

Procurement authority shall be delegated only when valid organizational need can be 

demonstrated. Furthermore, the ability for an individual to obtain or hold a FAC-C 

certification does not in itself equate to an individual being selected for or even appointed as 

a CO or delegated procurement authority. Additionally, the level of FAC-C certification 

achieved by an individual does not necessarily correspond to the warrant level or dollar limit 
Page 20 of 205

that may be approved by the appointing official. The appointing official shall ensure the 

candidate meets the following requirements consistent with the warrant level being sought. 

See the Department of the Treasury Acquisition Certification Management Program 

Handbook for details on FAC-C certification requirements. 

LEVEL l - GS-1102 and GS 1105 series employees ONLY. The education, experience, 

mandatory training, and elective training requirements for FAC-C Level I must be met, and 

the individual shall be FAC-C Level I certified. 

LEVEL 2 - GS-1102 series employees ONLY. The education, experience, mandatory 

training, and elective training requirements for FAC-C Level II must be met, and the 

individual shall be FAC-C Level II certified. 

LEVEL 3 - GS-1102 series employees ONLY. The education, experience, mandatory 

training, and elective training requirements for FAC-C Level III must be met, and the 

individual shall be FAC-C Level III certified. 

LEVEL 4 - GS-1102 series employees ONLY. The education, experience, mandatory 

training, and elective training requirements for FAC-C Level III must be met, and the 

individual shall be FAC-C Level III certified.

1001.603-3 Appointment.

(a) SF 1402s and associated Delegation of Authority letters shall be re-issued when there 

is any change to the appointment (e.g., name change, dollar limitation). No pen and ink 

changes are allowed. The Delegation of Authority letter is a binding authorization and requires 

an original acknowledgement signature and date from the individual.

(1) Record keeping. The BCPO shall maintain a warrant file for each CO. The warrant 

file shall, at a minimum, contain: a copy of the SF 1402 and the Delegation of Authority letter, 

including any revisions; any documentation regarding the individual’s performance while 

serving within this role; and copy(ies) of the FAC-C certificate. Warrant files regarding 

terminated COs shall also be maintained for at a minimum of two (2) years from termination.

Bureaus may establish a longer time period for warrant file retention.

(b) See 1001.671 for agency procedures regarding the appointment of Ordering Officers 

and 1001.672 for appointment of Purchase Cardholders

1001.603-4 Termination. 

Other reasons for termination are for discontinuance of the organization’s need for the 

appointment, failure to comply with applicable laws and regulations, failure to complete the 

CLP requirements prescribed by the Department of the Treasury Acquisition Certification 

Management Program Handbook, or violation of the standards of conduct for employees of 

the executive branch (see 5 C.F.R. part 2635).

1001.603-5 Skills currency.

COs shall complete the CLP requirements prescribed by the Department of the Treasury 

Acquisition Certification Management Program Handbook along with any Bureau established 

requirements in order to maintain their warrant. See 1001.603-4 for the consequence for failing 

to complete the CLP requirements.
Page 21 of 205

1001.603-6 Review and Certification.

(a) The BCPO shall periodically examine, no less than on an annual basis, those 

individuals issued warrants in order to identify any changes that need to be made (e.g.,

termination, decrease in warrant); thereby ensuring the Bureau has the appropriate number, 

type (e.g., permanent vs. temporary) and mix (e.g., dollar threshold and complexity) of 

warranted individuals required to support the Bureau’s mission going forward. The SPE may 

request the results of these reviews.

(b) The BCPO shall submit to the OPE designated Acquisition Career Manager (ACM) 

by February 15th of each fiscal year, unless another timeframe is prescribed by the ACM, a 

certification using the below format.

BCPO WARRANT CERTIFICATION

This is to certify that I have completed a review of all individuals issued a warranted within 

[insert name of Bureau] and that, to the best of my knowledge and belief individuals holding 

a warrant effective [insert day after review has been completed] are in compliance with all

the requirements prescribed in the Department of the Treasury Acquisition Certification 

Management Program Handbook, DTAR and DTAP, and are the appropriate number, type 

and mix of warranted individuals required to support the Bureau’s mission going forward.

Bureau _____________________________________________ 

Signature _________________________________________ 

Name ____________________________________________ 

Title _____________________________________________ 

Date of execution________________________________

1001.604 Contracting Officer’s Representative (COR).

The COR contract file contains records relating to their COR duties during the life of a

contract and shall be maintained either in hard copy, electronically, or both. The COR is 

charged with safeguarding all procurement sensitive, business sensitive, and proprietary 

information related to the requirement/related contract, whether or not included in the COR 

contract files. The COR shall retain COR contract files in accordance with FAR 4.805 and as 

directed by the CO, in accordance with records retention periods and requirements.

(d) Copy of the contract and/or delivery or task order and all modifications;

(e) Quality assurance records, along with results or action taken based on results of 

surveillance; 

(f) Contract personnel security information, non-disclosure agreements;

(g) Contractor reports and data deliverables;

(h) Documentation pertaining to the COR’s receipt, inspection, and acceptance (or 

rejection) of services performed and/or supplies delivered, including receipts, reports, test 

results, and other supporting data;
Page 22 of 205

(i) Correspondence, reports, and other documentation or data (e.g., meeting minutes, site 

visit, telephone conversation log) concerning performance of the contract; and 

(j) Other pertinent documentation.

1001.670 Selection, appointment, and termination of appointment for Contracting 

Officer’s Representatives.

1001.670-1 General.

The Department of the Treasury Acquisition Certification Management Program 

Handbook, provides the policy and procedures concerning the competencies, training, 

experience, continuous learning requirements, and other requirements for becoming a 

certified COR (i.e., FAC-COR). BCPOs may establish Bureau supplemental procedures for 

the nomination, appointment, and termination of CORs. 

(a) A CO may retain and execute the contract administration functions in accordance with 

FAR 42.3. This may be appropriate when administration of the contract does not require 

complex technical knowledge or when the CO has sufficient time and the necessary 

capabilities and resources to personally monitor contract performance. 

1001.670-2 Nomination.

A COR shall be nominated by their supervisor or for Bureaus providing acquisition 

support on behalf of other agencies by an individual authorized by the requiring activity (see 

FAR 1.602-2(d)(6)). COR nominations shall be submitted as soon as practicable during the 

procurement process, but no later than prior to contract award. Nominations may include a 

primary and secondary COR based on the needs of the acquisition (e.g., complexity of the 

duties and responsibilities to be delegated or availability of the personnel). The supervisor or 

the individual performing the nomination on behalf of the requiring activity is responsible 

for—

(a) Determining that the nominee’s qualifications are adequate for performance of the 

duties and responsibilities with respect to the acquisition they are being nominated for (see 

FAR 1.602-2(d)(3));

(b) Ensuring the nominee’s FAC-COR certification is current or if the individual does not 

have the FAC-COR will be able to obtain it prior to award (see FAR 1.602-2(d)(2));

(c) Ensuring the nominee has sufficient time available to adequately perform the COR 

duties and responsibilities and will be afforded the necessary resources (e.g., equipment, 

supplies, and training) to adequately perform such duties and responsibilities as well as to 

maintain their FAC-COR certification during contract performance;

(d) Assessing the nominee’s performance as a COR, with input from the CO as part of 

the individual’s annual performance assessment; and

(e) Using the Bureau established process for purposes of submitting the nomination (e.g.,

via a written form or electronic submission, or via a requisition). The submission shall 

include, at a minimum, the nominee’s name, contact information and indication if they are to 

serve as the primary or secondary COR.

1001.670-3 Appointment.

(a) In accordance with FAR 1.602-2(d), CORs shall be formally appointed in writing by 

the CO to each contract for which they will be delegated COR duties and responsibilities (see 

paragraph (c) of this subsection). COR duties and responsibilities shall be tailored to the 
Page 23 of 205

requirements of each contract and identified in the written appointment (see FAR 1.602-

2(d)(7)). Prior to appointment, the CO shall—

(1) Ensure the nominee has a current FAC-COR certification that is commensurate of 

the duties and responsibilities to be delegated (e.g., currently there are three levels of FACCOR certification). Only individuals having a FAC-COR certification can be appointed as a 

COR (see FAR 1.602-2(d)(2)), unless waived in accordance with Chapter 5 section 9 of the 

Department of the Treasury Acquisition Certification Management Program Handbook.

(2) Ensure, if applicable, the nominee has completed any necessary specific training

related to their appointment and has the necessary experience to perform the COR duties and 

responsibilities (see FAR 1.602-2(d)(3)) being delegated; 

(3) Review with the nominee the duties and responsibilities being delegated. 

(b) Once the CO has completed the actions described in paragraph (a) of this subsection, 

the nominee shall either sign the appointment letter acknowledging their acceptance of the 

appointment or notify the CO that they do not accept the appointment. 

(c) Form. 

https://my.treasury.gov/Collab/OPE/Acquisition%20Workforce/Career%20Management%20

Policy/Forms/AllItems.aspx, Contracting Officer’s Representative designation, appointment 

and authority letter shall be used for purposes of appointing a COR. This form may be 

modified by the CO to reflect specific duties and responsibilities or other requirements 

applicable to the appointment. For instances, where there will be a primary and secondary 

COR appointed, the appointment letter shall clearly describe any differences between the 

duties and responsibilities or other requirements of the primary and secondary COR.

(e) BCPOs shall establish within Bureau procedures mechanisms to—

(1) Ensure individuals who are serving as CORs have current FAC-COR 

certifications (see FAR 1.602-2(d)(2)), unless waived in accordance with Chapter 5 section 9 

of the Department of the Treasury Acquisition Certification Management Program 

Handbook); and

(2) To promptly notify COs of individuals currently appointed as CORs whose FACCOR certification is soon to expire (e.g., in the next 60 days) as well as has expired. This 

will enable for the CO to take appropriate action (e.g., appoint another COR); 

(3) Track and monitor performance of individuals serving as CORs to ensure that 

such individuals are successfully performing their role as a COR. Examples, of successful 

performance are—

(i) Compliance with the requirements of the appointment letter;

(ii) Timeliness and quality of completing CPAR;

(iii) Timeliness of notification of contract issues;

(iv) Timeliness of performing receipt and acceptance of supplies and services; and

(v) Timeliness of reviewing and approving or rejecting invoices, if applicable.

(f) See FAR 1.602-2(d)(7) for distribution requirements concerning the COR 

appointment letter. A copy of the COR appointment letter shall be placed in the contract file. 

(g) CORs do not have the authority to re-delegate their appointment.

(h) If there is a change in personnel performing as the COR, prior to contract close-out, 

the CO shall—

(1) Determine if another individual needs to be appointed as COR;

(2) Terminate the current COR appointment (see 1001.670-4) and notify the 

contractor within five (5) days after termination. Notification shall inform the contractor if 

the Government intends to appoint another individual to serve as the COR or take other 
Page 24 of 205

action as well as who the contractor is to contact until such time a new COR is appointed;

and

(3) If a new COR will be appointed—

(i) Request the nomination of another qualified individual to serve as the COR;

(ii) Issue a new appointment letter to the new COR, and 

(iii Modify the contract to reflect the change in the individual serving as the COR

(e.g., modifying the clause at DTAR 1052.201-70, Contracting Officer's Representative 

(COR) Appointment and Authority). 

1001.670-4 Termination of appointment.

(a) A COR appointment is automatically terminated when the individual departs the 

organization or position which they held at the time of appointment or at the conclusion of 

the contract. Termination may also be for reasons such as reassignment, unsatisfactory 

performance in serving as a COR, ethics (e.g., conflicts of interest), failure to complete the 

CLP requirements prescribed by the Department of the Treasury Acquisition Certification 

Management Program Handbook or determination by the CO prior to contract close out.

(b) The CO shall promptly notify the individual of their termination along with the reason 

why, unless the appointment is being terminated due to the individual’s departure or the 

appointment contains additional provisions for automatic termination. See 1001.670-3(h) for 

instances where there is a change in personnel performing as the COR, prior to contract 

close-out.

1001.670-5 Continuous learning requirements.

Individuals serving as CORs are required to complete the continuous learning requirements 

as specified in the Department of the Treasury Acquisition Certification Management Program 

Handbook along with any Bureau established requirements in order to maintain their FACCOR certification. See 1001.670-4 for the consequence for failing to complete the CLP 

requirements.

1001.670-6 Contract clause. 

See DTAR 1001.670 Contract clause for Treasury’s requirements. 

1001.671 Selection, appointment, and termination of appointment for Ordering 

Officers.

1001.671-1 General. 

This policy applies only to non-GS-1102 Treasury employees. 

(a) HCAs may determine that the appointment of individuals to serve as ordering officers

is essential for the operation of the Bureau’s contracting mission. The authority to appoint 

ordering officers may be further delegated by the HCA to no lower than the BCPO.

(b) Authority to appoint ordering officers is limited solely to blanket purchase agreements 

(BPAs) and indefinite delivery vehicles (IDVs) that permit the ordering of defined items of 

supplies or services for use by Treasury at fixed prices set forth in the agreement or contract,

and that have terms and conditions that permit the placement of orders by individuals other 

than a CO. Ordering officers are not authorized to negotiate, determine price reasonableness, 

modify or interpret terms and conditions of the agreement or contract, or determine best 

value. Ordering officers are not COs.
Page 25 of 205

(c) Ordering officer DPAs cannot exceed the SAT, except for Providing Treasury 

Enterprise Cybersecurity Technology & Services (PROTECTS) BPAs, the DPA cannot 

exceed $1M. 

(d) Unless, otherwise prescribed by the vehicle’s ordering procedures, the contractor shall 

be provided written notification of the name(s) of individuals appointed as ordering officers 

for purposes of placing orders against the assigned agreement or contract.

1001.671-2 Selection. 

(a) In selecting ordering officers, the appointing official shall ensure that individuals 

nominated to serve as ordering officers possess the necessary skills, training, and experience 

to successfully perform the assigned duties. The appointing official shall consider the 

complexity and dollar value of the vehicle(s) to be assigned, the anticipated duties of the 

ordering officer, and the candidate’s experience, education and training. Examples of 

selection criteria include—

(1) Experience in or knowledge of Government contracting and administration;

(2) Education or special training in business administration, law, accounting, 

engineering, or related fields;

(3) Knowledge of acquisition policies and procedures; and

(4) Knowledge of the supplies and services to be assigned.

(b) Minimum requirements for ordering officers are prescribed in the Department of the 

Treasury Acquisition Certification Management Program Handbook. The HCA has the 

authority to establish additional requirements, which are considered relevant to meet Bureau 

needs or a particular contract or group of contracts where ordering officers will be appointed.

1001.671-3 Appointment.

(a) General.

(1) Ordering officers shall be appointed via issuance of a DPA, which shall contain 

but not limited to—

(i) The name of the individual; 

(ii) The scope of the ordering officer’s responsibilities; 

(iii) The vehicle being assigned;

(iv) Award details such as but not limited to: items authorized to be ordered, item 

information (e.g., CLIN, SIN or Category), special instructions (e.g., documentation or 

review requirements), and vehicle ordering instructions/procedures;

(v) Any limitation on the scope of authority to be exercised other than those 

limitations contained in applicable law or regulation; and

(vi) The dollar amount of the procurement authority being delegated. 

Procurement authority can also include limitations such as monthly limits. 

(2) Bureaus may use the form located at 1053.201-2(b) for purpose of issuance of the 

DPA. 

(3) DPAs shall be re-issued when there is any change to the delegation (e.g., name 

change, limitation or duties). No pen and ink changes are allowed. The DPA is a binding 

authorization and requires an original acknowledgement signature and date from the 

individual.

(4) Individuals appointed as ordering officers shall be provided a copy of their DPA

and be briefed at the time of their appointment regarding the specifics of their responsibilities
Page 26 of 205

and of the vehicle(s) they are being assigned. Ordering officers do not have the authority to 

re-delegate their DPA.

(b) For a DPA exceeding the micro-purchase threshold, when determined by the appointing 

official to be appropriate in certain limited circumstances, the appointing official shall—

(1) Justify the need for delegation of procurement authority exceeding the micropurchase threshold to a non-GS-1102;

(2) Determine that delegation of procurement authority exceeding the micro-purchase 

threshold is the method that is most advantageous to the Government for procuring the items 

needed;

(3) Describe the methods to be used to monitor the individual’s purchases to ensure 

compliance with applicable procurement regulations and the requirements of the assigned 

vehicle(s), and to assess periodically the need for continuation of their delegated procurement 

authority; and

(4) Appoint a CO or establish an organization to work with the individual to provide 

direction and oversight, such as performing periodic assessments of file documentation, use 

of Treasury and integrated acquisition environment systems (e.g., FPDS), compliance with 

the assigned vehicle’s requirements, and compliance with all FAR, DTAR and DTAP 

requirements applicable to above the micro-purchase threshold purchases. 

(c) Prior to the establishment of a vehicle that can be used by other Bureaus, the 

contracting activity shall include requirements within the vehicle that describes the roles and 

responsibilities of other Bureaus and any other applicable requirements (e.g., a Bureau may 

have specific terms and conditions).

1001.671-4 Surveillance and compliance. 

Bureau policies and procedures shall include at a minimum—

(a) A requirement for, at a minimum, an annual inspection of all orders issued by 

ordering officers to ensure compliance with all requirements, they are operating within the 

scope and limitations of their delegated authority, and demonstration of sound business 

judgment;

(b) Record keeping requirements concerning inspections and assessments, resultant 

findings, and of any actions taken as a result of those findings; 

(c) Description of action(s) to be taken if an ordering officer is found not to be properly 

performing assigned duties or is failing to take prompt action to correct deficiencies noted in 

inspections or reviews; and

(d) Description of the internal controls and the responsibilities of the CO or organization 

assigned to the vehicle(s) for which ordering officers have been assigned. This is particularly 

important in instances where ordering officers are able to order against a vehicle issued by 

another agency or Bureau.

1001.671-5 Termination. 

(a) An ordering officer appointment is automatically terminated when the individual 

departs the organization or leaves the position they held at the time of appointment, fails to 

comply with the CLP requirements (see 1001.671-6), or the DPA otherwise terminates in 

accordance with its terms. Other reasons for termination are discontinuance of the 

organization’s need for the appointment; failure to comply with applicable laws and 

regulations; violation of the standards of conduct for employees of the executive branch (see 

5 C.F.R. part 2635); or unsatisfactory performance. 
Page 27 of 205

(b) The individual serving as an ordering officer is to be promptly notified of their 

termination along with the reason why their appointment is being terminated unless the 

appointment is being terminated due to the individual’s departure or the appointment 

contains additional provisions for automatic termination. 

1001.671-6 Continuous learning requirements.

Individuals serving as ordering officers are required to complete any continuous learning 

requirements as specified by the Bureau or the vehicle to which orders are being issued against. 

See 1001.671-5 for the consequence for failing to complete CLP requirements.

1001.671-7 Documentation and record keeping. 

(a) BCPOs shall maintain files for all appointments that include, at a minimum—

(1) A copy of the DPA, including any revisions; 

(2) Any documentation regarding the individual’s performance serving within this 

role; and 

(3) Copies of training certificates and any other information deemed relevant. 

(b) BCPOs shall maintain files regarding individuals nominated as well as terminated 

appointments for a time period established by Bureau policy. 

1001.672 Selection, appointment, and termination of appointment for Governmentwide 

Commercial Purchase Cardholders.

1001.672-1 General. 

(a) Governmentwide commercial purchase card authority shall be made by issuance of a 

DPA by the BCPO or for IRS and BFS an official designated by the HCA. 

(b) The scope of delegated procurement authority shall be limited to only: those actions 

necessary to support the program office to which the individual is assigned, dollar limitations 

based upon verifiable relevant experience and be subject to Bureau procurement office 

oversight, specifically concerning actions exceeding the micro-purchase threshold. 

(c) Treasury policies and procedures governing the use of the Governmentwide 

commercial purchase card are prescribed by the Treasury Charge Card Management Plan

1001.672-2 Selection and nomination. 

Refer to the Treasury Charge Card Management Plan for the procedures for selection and 

nomination. 

1001.672-3 Appointment.

(a) General.

(1) The DPA shall contain but not be limited to—

(i) The name of the individual; 

(ii) Dollar limits on transaction authority (e.g., single purchase limit and monthly 

purchase limit); 

(iii) Description of the scope of duties including any Bureau-specific limits on 

types of purchases; and 

(iv) Any other limitations on the scope of authority to be exercised other than 

those contained in applicable law or regulation. 
Page 28 of 205

(2) Bureaus may use the form located at 1053.201-2(a) for purpose of issuance of the 

DPA. 

(3) DPAs shall be re-issued when there is any change to the delegation (e.g., name 

change, limitation or duties). No pen and ink changes are allowed. The DPA is a binding 

authorization and requires an original acknowledgement signature and date from the 

individual being issued the DPA. 

(4) Individuals shall be provided a copy of their DPA. 

(5) An SF 1402 is required when Governmentwide commercial purchase card 

procurement authority exceeds the micro-purchase threshold.

(b) For a DPA exceeding the micro-purchase threshold when determined to be appropriate 

in certain limited circumstances, the appointing official shall—

(1) Justify the need for delegation of procurement authority exceeding the micropurchase threshold to a non-GS-1102;

(2) Determine that delegation of procurement authority exceeding the micro-purchase 

threshold is the method that is most advantageous to the government for procuring the items 

specified;

(3) Describe the methods to be used to monitor the individual’s purchases to ensure 

compliance with applicable procurement regulations, and to assess periodically the need for 

continuation of their delegated procurement authority; and

(4) Appoint a CO to work with the individual to train, oversee and periodically assure 

timely and appropriate file documentation, including appropriate use of Treasury and 

integrated acquisition environment systems and compliance with all FAR, DTAR and DTAP 

requirements applicable to procurements above the micro-purchase threshold. 

1001.672-4 Termination. 

(a) A purchase card holder appointment is automatically terminated when the individual 

leaves the position they held at the time of appointment or fails to comply with continuous 

learning requirements (see 1001.672-5), or when the DPA otherwise terminates in 

accordance with its terms. Other reasons for termination are discontinuance of the 

organization’s need for the appointment; failure to comply with applicable laws and 

regulations; violation of the standards of conduct for employees of the executive branch (see 

5 C.F.R. part 2635); or unsatisfactory performance in serving as a purchase cardholder. 

(b) The individual serving as a purchase cardholder is to be promptly notified of their 

termination along with the reason why their appointment is being terminated. 

1001.672-5 Continuous learning requirements.

Individuals serving as purchase cardholders are required to complete the continuous 

learning requirements as provided in the Department of the Treasury Acquisition Certification 

Management Program Handbook along with any Bureau established requirements in order to 

maintain their DPA. See 1001.672-4 for the consequence for failing to complete the continuous 

learning requirements.

1001.672-6 Documentation and record keeping. 

(a) BCPOs or for IRS an official designated by the HCA shall maintain a 

Governmentwide commercial purchase card DPA file for each individual issued a DPA. The 

file shall, at a minimum, contain—

(1) The DPA, including any revisions; 
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(2) If applicable, the associated SF 1402, or DPA, including any revisions

(3) Associated Approving Official/Alternate Approving Official appointment letters.

(4) Any documentation regarding the individual’s performance serving within this 

role; and 

(5) Copies of training certificates and any other information deemed relevant. 

(b) Files regarding terminated DPAs and, if applicable, associated SF 1402s shall be 

maintained for a time period established by Bureau policy. 

Subpart 1001.70—Other Determinations, Waivers, Exceptions, Approvals, 

Reviews, and Submittals

1001.7000 Coordination and approval.

(a) Documents requiring SPE approval.

(1) Requests shall be prepared in writing by the CO, reviewed by legal counsel, and 

submitted through the BCPO to the SPE for approval. Submissions done via e-mail are to be 

sent to: OfficeoftheProcurementExecutive@treasury.gov. 

(2) Requests shall be prepared in writing by the CO and submitted through the BCPO 

to the SPE for approval. Submissions done via e-mail are to be sent to: 

OfficeoftheProcurementExecutive@treasury.gov. 

(b) Documents requiring Agency Head or other designated authority approval. Requests 

shall be prepared in writing by the CO, reviewed by legal counsel, and submitted through the 

BCPO to the SPE for review. Transmittal to the Agency Head or other designated authority 

for approval will be done by the OPE unless otherwise required. Submissions done via e-mail 

are to be sent to: OfficeoftheProcurementExecutive@treasury.gov. 

(c) Documents or circumstances requiring SPE or Agency Head notification. 

Notifications to the SPE or Agency Head shall be provided within the timeframes required by 

the applicable FAR, DTAR or DTAP requirement and include all necessary supporting 

documentation and/or information to the notification. Submission done via e-mail are to be 

sent to: OfficeoftheProcurementExecutive@treasury.gov. 

(d) Buy American Act and Made in America Office waivers requiring SPE approval. 

Requests shall be prepared in writing by the CO, reviewed, approved, and submitted by the 

BCPO to the SPE for review. Transmittal of approved waivers to MadeinAmerica.gov via 

SAM.gov will be completed by the CO unless otherwise specified. Submissions are to be 

sent via email to: waiverreview@treasuryecm.gov.
Page 30 of 205

PART 1002—DEFINITIONS

Subpart 1002.1—Definitions

1002.101-70 DTAP Definitions. 

See DTAR 1002.101 Definitions for Treasury’s requirement.

(a) A word or a term, defined in this section, has the same meaning throughout this 

document, unless—

(1) The context in which the word or term is used clearly requires a different 

meaning; or

(2) Another FAR or DTAR or DTAP part, subpart, or section provides a different 

definition for the particular part or portion of the part.

(b) If a word or term that is defined in this section is defined differently in another part, 

subpart, or section of this document, the definition in—

(1) This section includes a cross-reference to the other definitions; and

(2) That part, subpart, or section applies to the word or term when used in that part, 

subpart, or section.

“Acquisition Innovation Advocate (AIA)” is the individual designated within an agency who

encourages testing of new ideas and better ways of executing existing acquisition practices 

and working with OMB and other agencies to share best practices and lessons learned. For 

Treasury the AIA is the SPE. See OFPP memorandum dated March 9, 2016, entitled 

“Acquisition Innovation Labs & Pilot for Digital Acquisition Innovation Lab”

“Bureau Chief Procurement Officer (BCPO)” means the senior 1102 acquisition official at 

each headquarters office or Bureau as appointed by the HCA. Within the Internal Revenue 

Service, this may be the Director, Procurement or the Deputy Director, Procurement. See 

1001.601.

“Bureau Senior Accountable Official (SAO)” means individuals designated in writing to 

implement management controls, policies, and oversight at their Bureau to ensure 

responsible stewardship of delegated procurement authorities. SAOs shall be at a sufficiently 

high level within their Bureau to ensure that appropriate administrative and/or disciplinary 

actions are carried out to protect the Department against fraud, waste, and abuse.

“Chief Acquisition Officer (CAO)” for Treasury is the ASM. CAO responsibilities are 

delegated to the SPE (see 1001.601).

“Cognizant Inspective General (IG) authority” means the Bureau cognizant IG authority. 

TIGTA is the cognizant IG authority for IRS, SIGTARP is the cognizant IG authority for the 

Troubled Asset Relief Program (TARP) and the OIG is the cognizant IG authority for all 

other Bureaus and for the consolidated Department of Treasury. 

“Commercial supplier agreements" means terms and conditions customarily offered to the 

public by vendors that meet the definition of commercial product or commercial service set 

forth in FAR 2.101 and intended to create a binding legal obligation on the end user. 
Page 31 of 205

Commercial supplier agreements (CSA) are particularly common in information technology 

acquisitions, including acquisitions of commercial computer software and commercial

technical data, but they may apply to any supply or service. The term applies-

(a) Regardless of the format or style of the document. For example, a CSA may be styled 

as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement 

(EULA), or another similar legal instrument or agreement, and may be presented as part of 

an offer or quotation responding to a solicitation; 

(b) Regardless of the media or delivery mechanism used. For example, a CSA may be 

presented as one or more paper documents or may appear on a computer or other electronic 

device screen during a purchase, software installation, other product delivery, registration for 

a service, or another transaction. “Environment, Health & Safety (EHS) concerns” include 

environmental, health and safety issues or risks which could impact the environment and/or 

human health and safety and are determined by the designated EHS professional, as

enumerated in Sustainability Program.” Procurement requirements or potential procurements

that have EHS concerns, include but are not limited to: hazardous materials, equipment with

moving parts, construction, installation of equipment or electronics, and contract actions (as 

defined at FAR 23.101) for materials, supplies, products or services for which sustainable 

acquisition requirements under FAR part 23 are relevant

“Head of the Agency” for Treasury is the AMS/CFO as designated by Treasury Order 101-

30, Designation of "Head of Agency" for Procurement Matters.

“Head of the Contracting Activity (HCA)” for each Bureau with delegated procurement 

authority is delineated in 1001.601. The Treasury HCA Guide is available at Treasury OPE 

SharePoint.

“Independent Government Cost Estimate (IGCE)” means the Government’s estimate of the 

projected price or cost that a contractor would incur in the successful performance of the 

contract. 

“Legal Counsel” means the Treasury or Bureau office assigned to provide legal services to 

the contracting activity.

“Major Acquisition” means a planned or existing procurement action meeting at least one of 

the criteria listed in 1046.7001(a).

“Office of the Procurement Executive (OPE)” is the Treasury office responsible for 

Treasury’s acquisition system, including: policy development; establishment of acquisition 

goals; evaluation and monitoring of bureau organizations; category management, managed 

spend, governance of federal-wide and Treasury procurement systems; career management; 

and continuous improvement of the acquisition environment. OPE supports the use of 

streamlined, cost effective, best value procurement strategies while encouraging achievement 

of socio-economic goals.

“Senior Procurement Executive (SPE)” for Treasury is the Director of the OPE. The SPE 

leads the OPE.
Page 32 of 205

“Treasury Mandatory Source” means a contract vehicle or agreement determined by the SPE 

to be a mandatory source for all Treasury contracting activities Treasury OPE SharePoint or a 

contract vehicle that the Office of Management and Budget (OMB) has made mandatory for 

use by federal agencies unless determined otherwise by the SPE (see Acquisition Gateway).

Subpart 1002.70—Abbreviations

1002.70-1 Abbreviations.

See DTAR 1002.70 Abbreviations for Treasury’s requirement. 

(a) An abbreviation, defined in this section, has the same meaning throughout this 

document, unless—

(1) The context in which the abbreviation is used clearly requires a different meaning; 

or

(2) Another FAR or DTAR or DTAP part, subpart, or section provides a different 

definition of the abbreviation for the particular part or portion of the part.

ASM Assistant Secretary for Management

BCPO Bureau Chief Procurement Officer

CFO Chief Financial Officer

CIO Chief Information Officer 

CO Contracting Officer

COR Contracting Officer’s Representative

D&F Determination and Findings

DTAR Department of Treasury Acquisition Regulation

DTAP Department of Treasury Acquisition Procedures

EHS Environment, Health & Safety

E.O. Executive Order

FAR Federal Acquisition Regulation

FITARA Federal IT Acquisition Reform Act

GPE Governmentwide Point of Entry

GSA General Services Administration

HCA Head of the Contracting Activity

HUBZone Historically Underutilized Business Zone

IT Information Technology

ICT Information and Communication Technology

OSDBU Office of Small and Disadvantaged Business Utilization

OFPP Office of Federal Procurement Policy

OMB Office of Management and Budget

OPE Office of the Procurement Executive

PBA Performance-Based Acquisition

PSC Product or Service Code

SAT Simplified Acquisition Threshold

SPE Senior Procurement Executive

SDVOSB Service-Disabled Veteran-Owned Small Business

SBS Small Business Specialist

SDB Small Disadvantaged Business
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WOSB Women-Owned Small Business

VOSB Veteran-Owned Small Business
Page 34 of 205

PART 1003—IMPROPER BUSINESS PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST

Subpart 1003.1—Safeguards

1003.101-3 Agency regulations.

(a) Government-wide and Treasury regulations governing the conduct and 

responsibilities of employees are contained in 5 CFR Parts 2635 and 3101.

1003.104-1 Definitions.

As used in this section—

“Agency ethics official” The designated agency ethics official (DAEO) for Treasury is 

the Assistant General Counsel for General Law, Ethics, and Regulation (AGC-GLER). The 

alternate designated agency ethics official (ADAEO) is the Deputy Assistant General 

Counsel (Ethics) (see Treasury Order 61-01, “Ethics in Government Act of 1978, As 

Amended” and Treasury Directive 61-06, “Responsibilities of the Designated Agency Ethics 

Official”.

1003.104-7 Violations or possible violations.

(a)(1) The CO shall forward the information concerning the violation or possible 

violation along with the documentation supporting the CO’s determination that there is no 

impact on the procurement, after legal counsel review, to a level above the CO for 

concurrence.

(b)(3) Refer the information to the cognizant Inspector General (IG) authority.

(5) The HCA shall make the recommendation to the SPE.

(d)(2)(ii)(B) The SPE shall make this determination.

(f) The CO shall prepare a memorandum of the facts and circumstances for the HCA’s 

signature and place the signed document in the contract file. The HCA shall notify the SPE 

before authorizing the CO to make award or execute a modification (see 1001.7000(c)).

Subpart 1003.2—Contractor Gratuities to Government Personnel

1003.203 Reporting suspected violations of the Gratuities clause.

(a)(1) The report shall be in writing and state the circumstances surrounding the incident

and including, but not limited to: date(s), location(s), and name(s) of parties involved.

(b)(1) The CO shall submit the report to the BCPO, who shall consult with legal counsel, 

and determine if the case warrants submission to the cognizant IG authority, or other 

investigatory organization, and the SPE for further action. 

1003.204 Treatment of violations.

The SPE is the authorized designee for the purposes of making the determinations 

prescribed by FAR 3.204. 

(b)(1) The contractor shall be provided with a written notice which summarizes the 

events involving the suspected violation and reminds the contractor of the procedural 

protections listed in FAR 3.204(b). The notice shall contain a 30-day, time limit for reply 

and be sent by certified mail; return receipt requested.
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Subpart 1003.3—Reports of Suspected Antitrust Violations

1003.301 General.

(b) Evidence of any suspected antitrust violations shall be referred to legal counsel and to 

the cognizant IG authority.

Subpart 1003.4—Contingent Fees

1003.405 Misrepresentations or violations of the Covenant Against Contingent Fees.

(a) Reports shall be in writing and state the circumstances surrounding the matter and 

including, but not limited to: date(s), location(s), and name(s) of parties involved.

(b) Prior to taking or directing one or more of the following, or other, actions, the BCPO 

shall consult with legal counsel and the cognizant IG authority to make that determination.

(b)(4) A copy of the referral shall be concurrently submitted to the SPE.

Subpart 1003.6—Contracts with Government Employees or Organizations 

Owned or Controlled by Them

1003.602 Exceptions.

Requests for an exception to the policy in FAR 3.601 shall be submitted to the SPE for 

approval in accordance with 1001.7000(a)(1).

Subpart 1003.7—Voiding and Rescinding Contracts

1003.700 Scope of subpart. 

(a)(2) The SPE is the authorized designee who can make this determination.

1003.703 Authority. 

(a) The SPE is the authorized designee to make these decisions.

1003.704 Policy.

The SPE is the authorized designee to take the actions prescribed by FAR 3.704(a) and 

(c).

1003.705 Procedures.

(a) The BCPO shall promptly report the facts concerning any final conviction for any 

violation of 18 U.S.C. 201-224 involving or relating to agency contracts to the SPE for their 

consideration. The SPE shall promptly notify the Civil Division, Department of Justice that 

the action is being considered under this subpart.

(b) The SPE is the authorized designee to make these decisions.
Page 36 of 205

Subpart 1003.8—Limitations on the Payment of Funds to Influence Federal 

Transactions

1003.806 Processing suspected violations.

Information regarding suspected violations of 31 U.S.C. 1352 shall be reviewed by legal 

counsel and forwarded to the BCPO. A copy of the information provided to the BCPO shall 

be provided also to the SPE and to the cognizant IG authority.

Subpart 1003.9—Whistleblower Protections for Contractor Employees

1003.905 Procedures for investigating complaints.

The HCA is delegated the responsibilities at FAR 3.905.

1003.906 Remedies. 

The HCA is delegated the authorities at FAR 3.906.

1003.907-6 Remedies and enforcement authority.

The SPE is delegated the head of agency authorities identified in FAR 3.907-6.

1003.908 Pilot program for enhancement of contractor employee whistleblower 

protections.

The SPE is delegated the head of agency authorities identified in FAR 3.908.

Subpart 1003.70—Prohibition on Recommending or Requiring Submission of 

Political Information

1003.7001 Purpose. 

The purpose of this subpart is to implement provisions from Section 735 of the 

Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 13-235) and 

any other Act, wherein such prohibition is included.

1003.7002 Policy. 

For solicitations requesting offers for a federal contract that will use funds made 

available by the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. 

L. 113-235) or any other Act, unless otherwise stated therein, neither CO nor ordering 

officers shall recommend or require any entity to disclose any of the following 

information as a condition of submitting the offer:

(a) Any payment consisting of a contribution, expenditure, independent 

expenditure, or disbursement for an electioneering communication that is made by the 

entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate for 

election for Federal office or to a political committee, or that is otherwise made with 

respect to any election for Federal office.

(b) Any disbursement of funds (other than a payment described in paragraph (a)

of this section) made by the entity, its officers or directors, or any of its affiliates or 

subsidiaries to any person with the intent or the reasonable expectation that the person 

will use the funds to make a payment described in paragraph (a) of this section.
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(1) In this section, each of the terms “contribution”, “expenditure”, 

“independent expenditure”, “electioneering communication”, “candidate”, “election”, 

and “Federal office” has the meaning given such term in the Federal Election 

Campaign Act of 1971 (2 U.S.C. 431 et seq.).
Page 38 of 205

PART 1004—ADMINISTRATIVE MATTERS

Subpart 1004.1—Contract Execution

1004.103 Contract clause.

Bureaus shall establish procedures for when the clause at FAR 52.204-1, Approval of 

Contract shall be included in solicitations and contracts.

Subpart 1004.4—Safeguarding Classified Information within Industry

1004.402 General. 

(a) Personnel security requirements are derived from Executive Order (E.O.) 10450; 

OMB Circular A-130, “Management of Federal Information Resources”; TD 15-71, 

Department of the Treasury Security Manual, Chapter II Section 2 and Chapter IV; and Titles 

5 and 44 of the U.S. Code.

(b) The Treasury is a participant in the National Industrial Security Program. The 

Director, Office of Security, is delegated authority and responsibility for this function in 

accordance with TD 71-10, "Department of the Treasury Security Manual". The manual is 

not proprietary and may be provided to contractors upon their request. 

1004.403 Responsibilities of contracting officers.

(a) Presolicitation phase. The requiring activity, in coordination with the CO and 

cognizant security officer, is responsible for determining whether access to classified 

information may be required by offerors, or by a contractor during contract performance. 

(2) The CO shall refer to the instructions provided in Chapter IV of TD 71-10, 

"Department of the Treasury Security Manual" for Treasury procedures.

(b)(1) The CO shall refer to the instructions provided in Chapter IV of TD 71-10, 

"Department of the Treasury Security Manual" for Treasury procedures.

(c)(1) COs shall ensure that DD Form 254, including solicitation or contract number and 

required classified guidance, is forwarded to the Office of Security prior to release of 

classified information to the contractor. The completed DD Form 254 shall be forwarded to 

the contractor, as well.

1004.470 Security requirements for access to unclassified facilities, Information 

Technology resources, and sensitive information.

1004.470-1 General.

Contractors, including contractor and subcontractor employees requiring access to 

unclassified information, facilities and/or IT resources shall meet the investigative 

requirements of Chapter II, Section 2 of TD 71-10, “Department of Treasury Security 

Manual.”
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1004.470-2 Responsibilities of Contracting Officers.

(a) Pre-solicitation phase. For contractors, including contractor and subcontractor 

employees, requiring access to unclassified information, facilities and/or IT resources the 

instructions provided in Chapter II, Section 2 of TD 71-10, “Department of Treasury Security 

Manual” apply.

(b) Solicitation phase. For contractors, including contractor and subcontractor employees, 

requiring access to unclassified information, facilities and/or IT resources the instructions 

provided in Chapter II, Section 2 of TD 71-10, “Department of Treasury Security Manual”

apply.

(c) Award Phase-Nondisclosure Agreement for Sensitive Information. COs should 

consult with requiring activity, cognizant security office, and legal counsel to determine 

whether contractor access to sensitive information warrants execution of a nondisclosure 

agreement(s). A sample nondisclosure agreement is available at Attachment 1, Chapter II, 

Section 2 of TD 71-10, “Department of Treasury Security Manual.” 

1004.471 Insider Threat Program Requirements.

1004.471-1 Scope.

The scope of this section is to implement Treasury’s requirement for Insider Threat 

Awareness training as prescribed by Treasury Order 105-20, “Insider Threat Program."

1004.471-2 Applicability.

This requirement only applies to Treasury requirements. 

1004.471-3 Policy.

(a) E.O. 13587, Structural Reforms to Improve the Security of Classified Networks and 

the Responsible Sharing and Safeguarding of Classified Information, dated October 7, 2011 

requires heads of agencies that operate or access classified computer networks implement an 

insider threat detection and prevention program.

(b) Treasury Order 105-20, “Insider Threat Program", establishes Treasury’s insider 

threat detection and prevention program.

(c) TD 71-10, "Department of the Treasury Security Manual" serves as Treasury’s 

policies and procedures with respect to security programs.

1004.471-4 Procedure.

(a) The CO shall coordinate with the requiring activity and, as applicable, a 

representative from the respective security office to ensure they have appropriately 

considered the need for a position to require clearance is based on the duties and 

responsibilities of the position to be assigned. If the determination is that a position to be 

performed by contractor personnel will require access to classified information, then the CO 

shall insert the clause provided in 1004.471-5.
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1004.471-5 Contract clause.

Insert the clause at 1052.204-70, Insider Threat Awareness Training, in solicitations and 

contracts, including solicitations and contracts for the acquisition of commercial items, 

requiring contractor access to classified information.

Subpart 1004.5—Electronic Commerce in Contracting

1004.502 Policy.

(b) The SPE is delegated in accordance with Treasury Directive 12-11, Authorities of the 

Senior Procurement Executive the authority to ensure that information systems, technologies, 

procedures, and processes used by the Treasury to conduct electronic commerce standards 

are met as specified by FAR 4.502(b)(1) thru (5). The SPE will coordinate any such 

determinations with the Treasury CIO. See subpart 1004.74.

(c) The Treasury CIO is responsible for ensuring that the agency systems are capable of 

ensuring authentication and confidentiality commensurate with the risk and magnitude of the 

harm from loss, misuse, or unauthorized access to or modification of the information, before 

using electronic commerce. 

(d) Treasury authorizes the use of electronic signatures, including digital signatures (see, 

Treasury Enterprise Identity Credential and Access Management – Digital Signature 

Guidelines, Version 1.2 (third draft release, September 2013) and Treasury Directive 87-05, 

Electronic Commerce Initiatives). The terms “electronic signature” and “digital signature” 

are often mistakenly used interchangeably. “Electronic signatures” represent a broad 

category that consists of many proprietary or ad-hoc types, such as a symbol, a click, a 

voiceprint, or typed notations such as /s/ Jane Doe, provided they are expressed within an 

electronic medium. On the other hand, “digital signatures” are a subcategory of electronic 

signatures, supported by cryptographic standards to provide greater security features. Unlike 

electronic signatures, digital signatures are easily transportable as signatures created by users 

within a software application (e.g., Microsoft Word and Adobe Acrobat) that can be 

validated by using those same software applications. Bureaus are therefore encouraged to 

allow acquisition personnel the ability to use digital signatures as part of the acquisition

process, including on award documents, modifications, justifications, determinations, 

acquisition plans, as well as those documents that are created to accompany such documents 

internally (such as routing sheets and any other document indicating concurrence or 

approval) and externally. Bureaus that provide the use of digital signature shall establish 

procedures so that whenever a digital signature is used it has the full force and effect as a 

handwritten signature.

Subpart 1004.6—Contract Reporting

1004.602 General.

(c)(2)(i) Helpful documents. The following are helpful documents available at 

https://www.fpds.gov that may be used to support the entry of data into Federal 

Procurement Data System (FPDS)—

(A) FPDS Data Element Dictionary;

(B) FPDS Data Validations; and
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(C) FPDS User Manual.

(ii) These helpful documents do not relieve individuals from reviewing 

regulations, policies and procedures which form the basis and set the context for FPDS data 

entry requirements. See 1004.606-70 for information on Treasury FPDS reporting 

requirements and a link to Treasury’s common FPDS reporting mistakes guidance. 

(iii) Reporting technical issues. FPDS technical issues are to be reported to the 

Bureau designated FPDS system administrator prior to contacting the FPDS Help Desk or the 

Treasury designated FPDS system administrator. The Bureau FPDS system administrator 

will provide direction in terms of resolving the issue since after consultation it may be 

determine it is not an FPDS technical issue, but user error or another type of issue.

1004.603 Policy.

(d) Bureaus using non-appropriated or revolving funds shall report contract actions in 

FPDS. The OPE has provided the notification required in FAR 4.606(b)(2). 

1004.604 Responsibilities.

(a)(1) BCPOs are responsible for—

(i) Developing and monitoring a process to ensure timely and accurate reporting 

of their Bureau respective contract actions to FPDS. This process shall also ensure the 

quality of data and information reported to FPDS (e.g., COs provide a clear description of the 

requirement within the description field). This includes using reports, data and information 

provided by FPDS, OPE or a designated third-party vendor to ensure corrections and other 

actions (e.g., training) are made in a timely fashion;

(ii) Ensuring all applicable actions are reported to FPDS pursuant to FAR 4.604(b); 

and 

(iii)Designating a system administrator and notifying OPE in writing of the 

designation. Bureau system administrators are responsible for training Bureau personnel in 

preparation of upcoming system updates/changes; taking steps to identify trends or other 

areas where Bureau personnel need training or support on; providing first level system user 

support; registering new users; ensuring departing employees accounts are closed; ensuring 

the validity of the information that is entered into FPDS (see paragraph (a)(1)(i) of this 

section); and other related tasking. 

(2) Bureaus should make the process for reporting contract actions to FPDS seamless 

by establishing connectivity and integration to its contract writing system, thereby avoiding 

duplicative data entry and improving FPDS data accuracy.

(i) The Bureau system administrator shall establish mechanisms (e.g., monthly 

report) to ensure the timely and accurate reporting of contractual actions to FPDS. These 

mechanisms shall provide the timely identification of reporting inaccuracies (e.g., incorrect 

North American Industrial Classification System (NAICS) or Product or Service Code 

(PSC) selection) as well as trends and other issues (e.g., noncompliance with reporting 

requirements such as 1004.606-70) so that prompt corrective action (e.g., correction of the 

contract action report or training) can be completed. 

(3) In lieu of including the actual physical paper copy of the electronically submitted 

contract action report (CAR) in the contract file, a CO may, per Bureau procedures: reference 

the CAR approval date on the contract file checklist, make reference to the contract writing 

system in the associated contract file if the Bureau has integrated FPDS data entry into its 
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contract writing system, or include the hyperlink in the contract file that directs one to the 

CAR available in FPDS. Either of these actions satisfies contract file documentation 

requirements of FAR 4.803(a).

(c) The SPE is responsible for submission of the report required by FAR 4.604(c). 

(1) Bureau responsibilities. To support the annual certification of FPDS data as 

required by FAR 4.604(c), BCPOs shall—

(i) Conduct an annual Verification & Validation (V&V) exercise in accordance 

with OPE V&V guidance. This requirement includes the submission to OPE of a V&V 

report. Unless otherwise requested, Bureau V&V reports are due to OPE each year on the 

last workday on or before December 15th. 

(ii) Ensure that all personnel with FPDS data entry and review functions have 

timely completion and data accuracy evaluation factors in their performance appraisal and 

receive appropriate management feedback for their role in promoting and maintaining 

procurement data integrity; 

(iii) Implement, if applicable, agreed upon corrective action plans as identified in 

the V&V report; and

(iv) Provide status updates to OPE on a quarterly basis. The status update is due 

on the last workday of each quarter. 

(2) OPE responsibilities. The OPE shall—

(i) Define the scope of each Bureau V&V review no later October 30th of each 

year;

(ii) Review Bureau V&V reports and approve, if applicable, the 

recommendations and proposed corrective action plans; and

(iii) Track and monitor completion and accuracy by Bureau.

1004.605 Procedures. 

(a) See 1004.16 for Treasury’s requirement. 

(e) Office codes. See 1004.605-70 for Treasury’s implementation of this FAR 

requirement.

1004.605-70 Activity Address Codes.

In accordance with FAR 4.605(e), Bureaus shall use the assigned contracting/funding 

office Activity Address Codes (AACs) for all contract actions reported to FPDS. See FAR 

2.101 for definition of AAC.

(a) Responsibilities. BCPOs shall designate a primary and alternate designee responsible 

for establishing and maintaining contracting/ funding offices and ensuring contracting/ 

funding offices are current and accurate in FPDS. BCPOs shall notify OPE’s Integrated 

Award Environment (IAE) Program Manager in writing of the designation and provide 

notification of any changes. Bureau designees will be identified to the GSA as Agency 

Designated Change Approvers and will have the authority to coordinate with GSA to 

establish/maintain AACs for their respective Bureau. 

(1) Definition of Office. As used in this section an “office” means the smallest 

organizational unit that has responsibility of either providing the predominance of funding 

for or acting as the contracting activity for the contract action. 

(2) Identifying and assigning AACs for new offices. Bureaus shall coordinate with 

the office of their CFO when identifying new contracting/ funding offices. When a new 
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contracting or funding office is identified, the Bureau shall submit to GSA’s Order 

Management at ordermgmt@gsa.gov or (800) 927-7622, the office name, mailing address, 

and Bureau major command (MAJCOM) (see paragraph (a)(2)(i) of this subsection) for entry 

into the Department of Defense AAC database. GSA will then assign an AAC to the new 

contracting/ funding office and make it available in FPDS. 

(i) For purposes of the AAC database, each Bureau is designated as a 

“MAJCOM” and assigned a code as specified below—

(A) Alcohol and Tobacco Tax and Trade Bureau - 22 

(B) BEP - 41 

(C) BFS - 36 

(D) Community Development Financial Institution Fund - 66 

(E) Departmental Offices - 01 

(F) Financial Crimes Enforcement Network - 26 

(G) OIG – 04 

(H) IRS – 50 

(I) OCC – 46 

(J) SIGTARP – 83 

(K) TIGTA – 14 

(L) United States Mint - 44 

(3) Shared Services. Serviced Bureaus are responsible for identifying their Bureau’s 

funding offices. Servicing Bureaus shall coordinate with the serviced Bureau to receive a 

listing of the serviced Bureau’s funding offices. 

(4) Data Quality. As part of the Annual Verification and Validation (see 

1004.604(c)(1)), Bureaus shall review the accuracy of reporting by contracting personnel, 

specifically the selection of the correct contracting/ funding offices. Bureaus shall also 

perform annual reviews of contracting/ funding offices to ensure all offices listed are current 

and accurate.

1004.606 Reporting Data.

(a)(1) The FAR 4.606(a) requirement for reporting actions over the micro-purchase 

threshold in FPDS includes instances where the Governmentwide commercial purchase card 

is used as a form of payment or as the method of purchase. 

(b)(1) Add Description of Requirement Instructions (FPDS Data Dictionary)

1004.606-70 Requirements for reporting FPDS data.

To ensure consistent, uniform and accurate reporting of Treasury actions in FPDS, 

Treasury has established the reporting requirements in paragraphs (a) thru (d) of this 

subsection and developed guidance on how to avoid common FPDS reporting mistakes (e.g., 

reporting the wrong reference IDV). This guidance is available at Treasury OPE SharePoint. 

Additionally, OPE and third-party vendors may provide Bureau’s data and information 

reflecting potential FPDS errors (i.e., those not identified by FPDS) that BCPOs must ensure 

are addressed in a timely manner.

(a) Agreements. 

(1) When reporting the initial award of an agreement (e.g., BPA and basic ordering 

agreement), the CO shall enter in the—
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(i) ‘Base and all Options Value’ FPDS field the total estimated ceiling amount of 

the agreement or the total anticipated dollar amount of all orders/calls that may be placed 

against the agreement. 

(ii) ‘Ordering Procedure’ FPDS field information that describes whether the 

vehicle is Treasury-wide, Bureau only, etc. The purpose of this field is to indicate exactly 

which organization outside or within Treasury can order under this vehicle.

(2) Calls/orders under single award Agreements. Unless the call/order issued under 

the Agreement is competed then “1” shall be entered in the ‘Number of Offers Received’

FPDS field.

(b) Indefinite Delivery Vehicles.

(1) When reporting the initial award of an indefinite delivery vehicle (e.g., BPA and 

basic ordering agreement), the CO shall enter in the ‘Ordering Procedure’ FPDS field 

information that describes whether the vehicle is Treasury-wide, Bureau only, etc. The 

purpose of this field is to indicate exactly which organization outside or within Treasury can 

order under this vehicle.

(c) Bridge contracts. See 1017.7005(c) for the requirements for reporting of these types 

of contracts.

(d) Product or Service code. See 1004.606-71 for the requirement for reporting this data 

element.

1004.606-71 FPDS requirements for reporting Product or Service Code.

Consistent and accurate FPDS reporting combined with successful implementation of 

category management, including increasing Spend Under Management and BIC solution 

utilization, requires the consistent application and accurate selection of PSCs. 

(a) COs shall choose the PSC that represents the predominant amount of supplies or 

services being procured in consideration of the NAICS code and the Government-wide 

category structure (see PSC Category Alignment available at 

https://www.acquisition.gov/PSC_Manual) under which the requirement falls. For example, 

if the predominate amount of services being acquired is IT, then the PSC shall be selected 

from the IT PSC category and be associated with an IT NAICS code (see paragraph (b) of 

this subsection).

(1) COs shall coordinate, as appropriate, with the requiring activity to select the 

correct PSC that will be used for the acquisition and reported in FPDS. The requiring 

activity shall include the PSC within the procurement request for new awards. The PSC

manual is available at https://www.acquisition.gov/PSC-manual, and can aid in the proper 

selection of the PSC as well. 

(b) IT acquisitions. 

(1) When an IT acquisition aligns with more than one PSC, the PSC that represents 

the predominant aspect of the IT being acquired shall be used. 

(2) Acquisitions to achieve Cyber Security objectives shall use IT Security PSC 

5810 or 5811 regardless of the product/service type;

(3) Acquisitions to achieve Telecommunications objectives shall use the appropriate 

Telecommunications PSC regardless of the product/service type; and

(4) Acquisitions that include both hardware and software shall use the PSC based on 

the highest cost product type.
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(c) Disagreements concerning the selection of the proper PSC may be raised one level 

above the CO for resolution. 

Subpart 1004.8—Government Contract Files

1004.802 Contract files. 

(a)(4) The COR working file containing contractor performance information and other 

information related to the COR’s responsibilities. Formal records and documents from the 

COR working file shall be incorporated into the official (contracting office) contract file 

prior to closeout. If the files are not integrated and retained and stored separately in 

accordance with governing policy, both the CO and COR files shall cross reference each 

other and their respective location. 

1004.802-70 Electronic contract files.

Bureaus may maintain contract files in electronic media provided all documentation is 

maintained as required by FAR 4.8. Electronic contract files dispersed in multiple locations, 

or maintained with no naming convention or filing structure, do not constitute adequate 

electronic records. See FAR 4.802(f). Electronic contract files meeting the conditions of this 

subsection will be considered the official contract file.

(a) Bureaus shall establish a naming convention and electronic filing structure to ensure 

proper naming of and filing of contractual documents that are uploaded into an electronic 

contract filing system.

(b) Documents uploaded to the electronic contract filing system are a part of the contract 

file (see FAR 4.8). Bureaus shall ensure the electronic contract filing system provides, at a 

minimum, safeguards for accessing the system; safeguards for accessing information that is 

deemed too sensitive for widespread distribution (e.g., personally identifiable information), 

as well as provides for procedures on handling attachments that cannot be practicably 

converted to electronic format (e.g., samples, drawings, and models). 

(c) Bureaus are responsible, at a minimum, for ensuring the following—

(1) The timely filing and distribution of documents; 

(2) That internal controls are in place to ensure that—

(i) The electronic version of a document in the electronic contract filing system is 

an accurate representation of the document; 

(ii) The contract data in the electronic contract filing system is an accurate 

representation of the underlying contract;

(iii) The deletion or modification of a document or data is restricted to only those 

circumstances when it is determined necessary. In addition, when deletions or modifications 

occur an electronic record is kept that identifies information such as date and time when the 

document was deleted or modified and the individual who deleted or modified the document; 

and

(iv) The naming and filing structure is adhered to.

(3) That there is a capability to search for and download documents maintained in the 

electronic contract filing system;

(4) That procedures, inclusive of file checklists, reflect what documentation is being

maintained, where is it being maintained, and in what medium is it being maintained (see 

FAR Parts 4.802 and 4.803). For example, a contract file checklist indicates whether the 
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documentation is being maintained in paper copy (e.g., the document is oversized or too 

voluminous that it cannot be scanned into the electronic contract file system); in the 

electronic contract filing system; and another system (e.g., FPDS for a copy of the CAR); and

(5) That documents, particularly those that contain handwritten signatures, needing to 

be scanned into the electronic contract filing system are legible and complete.

1004.803 Contents of contract files.

(b)(70) Award fee or award term plans and documentation supporting the determination 

to award an award fee or award term.

(d) Refer to 1001.604 for contents of a COR contract file.

1004.804 Closeout of contract files.

Resources for supporting closeout are available at Treasury OPE SharePoint.

1004.805 Storage, handling, and contract files.

(a) Contract and order files shall be disposed of in accordance with Treasury Directive

80-05, Records and Information Management Program, as supplemented by other internal 

bureau directives such as the Departmental Offices Records Management Handbook located 

at the following website: 

https://my.treasury.gov/Collab/PTR/optr/treasuryrecords/Training/ICRM-Handbook-v2013-

10-01.pdf#search=records%20management%20handbook. In no case are files to be 

destroyed before the retention times specified in FAR 4.805.

1004.805-70 Storage, handling, and disposal of Governmentwide Commercial purchase 

card records.

Governmentwide commercial purchase card records (for other than construction orders) 

shall be retained for six (6) years after final payment. Governmentwide commercial purchase 

card records for construction orders shall be retained for six (6) years after final payment.

Subpart 1004.11—System for Award Management

1004.1102 Policy.

(a)(4)(i) Includes contracts with individuals performing some services in the U.S., 

provided that the U.S.-based services are only incidental to the underlying contract 

requirements. Requiring activities shall clearly identify requirements with a dominant focus 

abroad, to allow COs to make final determinations regarding exemption applicability.

Subpart 1004.13—Personal Identity Verification

1004.1302 Acquisition of approved products and services for personal identity 

verification.

(a) Procurements for services and products involving Physical Access Control Systems 

(PACS) or Logical Access Control Systems (LACS) shall be in accordance with all 

applicable Federal Homeland Security Presidential Directive-12 (HSPD-12) policy and the 

FAR (see Treasury Directive 71-12, Homeland Security Presidential Directive 12 Policy). 

Additionally, in order to ensure governmentwide interoperability, OMB memorandum M-6-
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18 entitled, “Acquisition of Products and Services for Implementation of HSPD-12” requires 

agencies to acquire products and services that are approved as compliant with Federal policy, 

standards and supporting technical specifications. PACS and LACS are defined as follows:

(1) PACS. An electronic system that controls the ability of people or vehicles to 

enter a protected area, by means of authentication and authorization at access control points. 

System components may include, but not limited to, the following: card readers, control 

panels, servers and software.

(2) LACS. Systems which authenticate and authorize an individual to access 

federally controlled information systems. System components may include, but are not 

limited to, the following: laptops, desktops, servers, mobile devices and software.

(b) When procuring products and services in support of HSPD-12 to—

(1) Enable all new PACS and LACS under development to use Personal Identity 

Verification (PIV) credentials, in accordance with National Institute of Standards and 

Technology (NIST) guidelines, prior to being made operational; or

(2) Upgrade existing PACS and LACS to use PIV credentials in accordance with 

NIST guidelines, prior to agency using development and technology refresh funds to 

complete other activities. All solicitations and contracts that require a contractor to provide 

one or more of the systems and/or equipment defined in 1004.1302(a) shall contain in the 

requirement that contractor and subcontractor products and services provided in support of 

the implementation of HSPD-12 are approved as compliant with Federal Information 

Processing Standards Publication (FIPS PUB) Number 201-1 and NIST standards (as 

applicable). The requirement shall specify how the systems and/or equipment will be used in 

support of HSPD-12 implementation and require contractors to notify the CO if the statement 

of work, performance-based work statement or specification does not conform to FIPS PUB 

201 and NIST standards. 

Subpart 1004.16—Unique Procurement Instrument Identifiers

1004.1601 Policy.

(a) Ensure that the identifier for each solicitation, contract, agreement, or order is unique 

Government-wide, and will remain so for at least 20 years from the date of contract award in 

accordance with FAR 4.1601.

(b) For the purpose of FAR 4.1601(b), “new contract awards” includes delivery and task 

orders issued against an IDV and orders and calls issued against agreements awarded prior to 

October 1, 2017.

(c) Bureaus shall maintain the 2013 PIID format for all solicitations and awards issued 

prior to October 1, 2017. Transition instructions are located on the Treasury OPE SharePoint.

(d) Bureaus shall revise current policies and procedures to comply with FAR and DTAP 

requirements.

1004.1602 Identifying the PIID and supplementary PIID.

(c) If Bureaus require additional bureau specific information in solicitations, contracts, or 

other related instruments for administrative purposes, separate the additional information 

from the PIID and clearly identify it.
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1004.1603 Procedures.

(a)(2) Positions 7 through 8 shall be the last two digits of the Fiscal Year (FY) in which 

the instrument is issued or awarded.

(3) Indicate the type of instrument using the letter designations as identified in FAR 

4.1603. Bureau utilization of letters reserved for agency use as prescribed by FAR 

4.1603(a)(3) is prohibited unless approved by the OPE IAE Program Manager. All requests 

to use a reserved letter shall be submitted by the BCPO to the OPE IAE Program Manager. 

The request will identify the letter the Bureau is requesting to use and include a description 

of the type of instrument and a business justification for using the reserved letter. Once a 

reserved letter has been assigned to a specific type of instrument, all Bureaus shall use the 

same letter designation for instruments of the same type.

(4) Positions 10 through 14 shall be the sequential number assigned by the issuing 

Bureau beginning with 00001.

(b)(2)(ii) Positions 2-6 of the supplemental PIID shall be the sequential number assigned 

by the issuing Bureau beginning with 00001.

Subpart 1004.70—Small Business Review Procedures

1004.7000 Scope of subpart.

This subpart establishes Treasury’s review policies and procedures for providing 

maximum practicable opportunities in Treasury acquisitions to small businesses (see FAR 

19.201(c)(10) and 19.202).

1004.7001 Purpose.

The purpose of reviewing acquisitions is to ensure Treasury provides maximum 

practicable opportunities in its acquisitions to small businesses (see FAR 19.201(a)). These 

reviews may be in addition to other FAR requirements concerning small businesses (e.g.,

release of a requirement from the 8(a) program).

1004.7002 Applicability. 

(a) This subpart applies to all acquisitions except-

(1) Orders (also known as Calls) placed under existing agreements entered into 

pursuant to FAR 16.7 that were previously reviewed by the Small Business Specialist 

(SBS);

(2) Orders placed under existing indefinite-delivery contracts that were entered into 

pursuant to FAR 16.5 that were previously reviewed by the SBS; and

(3) Orders placed under existing contracts or agreements entered into pursuant to 

FAR 8.4 that were previously reviewed by the SBS. 

(a) The SBS and Office of Small and Disadvantaged Business Utilization (OSDBU)

reserve the right to request the acquisitions in paragraph (a) of this section to be submitted 

for review. 

1004.7003 General.

(a) Treasury's OSDBU assists, counsels, and advises small businesses of all types (e.g.,

8(a), SDB, WOSB, SDVOSB and HUBZone) on procedures for contracting with Treasury. 

In support of the FAR and as part of its mission, OSDBU requires that for acquisitions 
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exceeding a certain dollar value, meeting certain criteria (e.g., sole source set-aside), or that 

involve consolidation, bundling, or substantial bundling are submitted as described in 

1004.7004 for review. 

(b) Treasury has developed a web based automated solution, called the electronic small 

business review system (SBRS), to support small business review processing within Treasury

(see 1004.7004). SBRS enables the CS, CO, SBS, the Director of OSDBU, OSDBU 

representative, SBA procurement center representative (PCR) (or, if an SBA PCR is not 

assigned see FAR 19.402) and other selected individuals to electronically review 

acquisitions. SBRS is available at https://doappsdigitalservice.treasury.gov/DOLogin.html. 

(c) SBRS Registration. BCPOs are responsible for ensuring acquisition personnel 

requiring access to the SBRS are registered. 

1004.7004 Small Business Review Requirements.

(a) The Director of OSDBU may establish a written agreement with Bureaus that 

implements different dollar thresholds or criteria than what is prescribed by this section in 

order to accommodate Bureau specific needs (e.g., number of Bureau contracting actions) or 

other requirements. The Director of OSDBU shall provide a copy of the agreement to the 

SPE. These small business review requirements do not impact the SBA’s PCR authority to 

request review of acquisitions as prescribed by FAR 19.501(d). 

(1) General review requirements. For purposes of satisfying the following small 

business review requirements, COs shall complete the Treasury SF 1010, Market Research 

Summary Report (see 1010.002(e)). 

(i) Greater than micro-purchase threshold and up to $25,000. At the request of 

the OSDBU or Bureau SBS, the CO shall make available for review all proposed 

acquisitions in excess of the micro-purchase threshold and up to $25,000 that have not been 

unilaterally set-aside for small business. 

(ii) Greater than $25,000 and up to the SAT. All proposed acquisitions in excess 

of $25,000 and up to the SAT that have not been unilaterally set-aside for small business 

shall be reviewed by the Bureau SBS.

(iii) Greater than SAT. All proposed acquisitions in excess of the SAT that have 

not been unilaterally set-aside for small business shall be submitted in the SBRS for review. 

The CO is responsible for entering the required information into the SBRS as well as 

uploading and providing all necessary documentation needed for review.

(2) Consolidation, Bundling, and Substantial bundling review requirements. All 

proposed acquisitions regardless of dollar value involving consolidation, bundling, or 

substantial bundling (see FAR 7.107) shall be submitted in the SBRS for review (see 

1007.107 for the standard form that COs are to complete in addition to any other 

requirements).

(b) A copy of the completed SBRS review shall be placed in the contract file.

1004.7005 SBRS documentation requirements.

(a) The CO is responsible for entering the required information into the SBRS as well as 

uploading and providing all necessary documentation needed for review. The Bureau SBS is 

responsible for ensuring all required documents are uploaded into the SBRS and have been 

signed by the appropriate authorities. The Bureau SBS shall promptly notify the CO if there 

are any issues with their submission. 
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(b) The CO shall defer to OSDBU policies and procedures for a listing of required 

documentation to be uploaded into the SBRS. 

1004.7006 SBRS review timeframes.

(a) The SBRS review shall be completed within five (5) calendar days after receipt. 

(b) The SBA PCR SBRS review shall be completed within five (5) calendar days after 

receipt. 

(c) The CO may contact the Director, OSDBU if after ten (10) calendar days the 

OSDBU and SBA PCR SBRS reviews have not been completed. The CO may contact the 

Bureau SBS regarding any questions they may have about the SBRS review process or 

specific submission.

(d) If an OSDBU review is not required, the Bureau can determine the timeframe to 

complete the small business review (not to exceed five (5) calendar days after receipt).

1004.7007 Rejection of SBS or OSDBU recommendations.

(a) If the CO rejects a recommendation of the SBS or the OSDBU, the CO shall provide 

written notice to the OSDBU within five (5) calendar days of the CO’s receipt of the 

recommendation (see FAR 19.202).

Subpart 1004.71—Review and Approval Procedures

1004.7100 Policy. 

Each Bureau is responsible for establishing an internal review and approval system to 

ensure high quality, regulatory compliant, and legally sufficient procurement actions. All 

review comments and a record of their disposition must be contained in the contract file. 

1004.7101 General Procedures.

(a) General. The internal review and approval system Bureaus established shall include at 

a minimum—

(1) Description of the action (e.g., pre-award) or document (e.g., limited-source 

justification) to be reviewed;

(2) Dollar threshold or other criteria demonstrating the need for review;

(2) Role (e.g., Reviewer or Approver); and

(4) Title (e.g., BCPO and CO).

(b) Comments. Review comments should be designated as either “Mandatory 

Change/Actions” or “Recommendations” so there is a distinction of the action being 

requested and the disposition required by the reviewer. The disposition of comments received 

from a reviewer is as follows: 

(1) Mandatory Changes/Actions. These comments shall be incorporated into the 

documentation or the requested action taken, in order for the action to be completed or 

approval provided. 

(2) Recommendations. These comments are suggestions that the reviewer believes 

will improve the document. These comments can be accepted or rejected by the author of the 

document.

1004.7102 Legal Counsel review procedures.
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1004.7102-1 General.

(a) The FAR, DTAR, DTAP and Bureau supplemental acquisition policies and 

procedures prescribe various instances where legal counsel assistance (e.g., compliance

review) and guidance shall be required or sought for legal sufficiency. Outside of those 

instances, legal counsel assistance and guidance may still be necessary regardless of the dollar 

value or other established criteria. As a result, COs shall seek legal counsel assistance and 

guidance based on the risk as well as when deemed necessary (e.g., due to complexity or 

sensitivity of issues of the acquisition) at critical junctures during the acquisition life cycle, 

such as for: difficult downselect or competitive range determinations, and questions as to the 

scope of an existing contract. 

(b) In addition, to the instances prescribed by the FAR, DTAR, DTAP and Bureau 

supplemental acquisition policies and procedures legal counsel review is required for the 

following actions.

Policies and (1) Modifications, other than exercise of options evaluated and included 

as part of the initial award or those that pertain only to administrative matters (e.g., funding 

modifications), that increase the total value of a contract, agreement, task order, or delivery 

order in excess of 10 percent, except when the new overall total dollar amount of the award

remains under the SAT. 

(i) Exceptions. Change orders may be issued without legal counsel review, if it is 

determined in writing by the CO that there are urgent circumstances that require its

immediate issuance. In these instances, the change order shall be submitted no later than 

three (3) business days after issuance to legal counsel for review and approval by the BCPO.

(2) Acquisitions regardless of dollar value that include award fee or award term as an 

incentive;

(3) Justifications or determinations, or findings related to a pre-award or post-award 

protest. See FAR 33.103 and 1033.103; and

(4) Ratification of unauthorized commitments exceeding $15,000. See 1001.602-

3(b)(2)(i).

(c) The CO shall provide legal counsel with any supporting documentation and 

information requested for purposes of supporting legal counsel’s review. 

1004.7102-2 Timeframe for review. 

A copy of each acquisition document that requires legal counsel review pursuant to 

1004.7102-1 shall be forwarded to legal counsel at least ten business days prior to becoming 

final. To the extent feasible, legal counsel will conduct its review within this time period, or 

if unable to do so, negotiate an alternative review schedule or process with the CO. In urgent 

situations, solicitations may be forwarded for review concurrently with release to the public, 

provided that the BCPO has given adequate notice to legal counsel.

1004.7102-3 Legal Counsel review comments.

All comments received from legal counsel and a record of their disposition shall be 

contained in the contract file. If legal counsel concurs without comment, the file shall be 

documented to show the review date and the name of the attorney who reviewed the 

documents with a statement that the review found documents to be “legally sufficient.” 
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1004.7103 SPE review procedures.

1004.7103-1 General.

Unless, otherwise prescribed by the FAR, DTAR or DTAP, Bureau contracting activities

are not generally required to submit procurement actions for SPE review. The SPE reserves 

the right to require submission of procurement actions for review and approval. All 

procurement actions to be reviewed by the SPE shall first be reviewed by the BCPO or 

authorized designee to ensure accuracy and completeness of the documents prior to 

submission. Evidence of this Bureau-level review shall be documented in the contract file. 

1004.7103-2 Timeframe.

When acquisition documents are required to be submitted for SPE review, one copy of 

each relevant document from the contract file shall be included in the review package and

forwarded by the BCPO to the SPE. Documents to be reviewed shall be forwarded at least 

ten business days prior to becoming final. In urgent situations, a solicitation may be 

forwarded concurrently with release to the public, provided that the BCPO has given 

adequate written notice to the SPE. Pertinent documentation from the contract file shall 

accompany any acquisition document when submitted for SPE review.

1004.7104 Contract Review Board review procedures.

1004.7104-1 General.

The BCPO shall establish procedures to review all acquisitions, including all standalone 

contracts, task orders, delivery orders, and purchase orders that are sensitive, highly visible, 

complex, or over Bureau-established dollar thresholds through a Contract Review Board 

(CRB) or similar review process. At a minimum, Bureaus must have at least two major 

review stages, pre-solicitation and pre-award. In the absence of specific written guidance, 

Bureaus will follow the procedures listed below. 

1004.7104-2 Review Requirements.

(a) The CRB shall review documents at two points in time prior to issuance of the 

solicitation: After first draft of the acquisition plan, i.e., well in advance of the planned 

solicitation; and after final drafts of the solicitation documents are completed. The review 

may take place prior to or after quality assurance and/or legal counsel reviews in accordance 

with Bureau procedures. The CRB review is in addition to required pre-award review (see 

1004.7100(a)).

(1) During the first review, the CRB shall review, at a minimum, the contents of the 

acquisition plan developed consistent with FAR 7.1. The CRB review should focus on small 

business, performance-based contracting, competition, and post-award management, 

including avoiding unnecessary follow-on sole sources.

(2) The second review, performed prior to issuance of the solicitation, shall include at 

a minimum a review of the solicitation document and evaluation plan. 

(3) A response shall be provided for all CRB review recommendations and 

comments, and the record of their disposition shall be contained in the contract file. If the 

CO determines not to take action regarding direction requested by the CRB the CO shall 

include an explanation why they made such a determination.
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(b) Membership. The CRB membership shall include at a minimum the BCPO whose 

procurement authority is being used and two other members, preferably with strong 

procurement technical experience and/or subject matter expertise surrounding the supplies or 

services being acquired. The other members may be from different Bureaus or organizations, 

especially in cases of shared services acquisitions.

(c) Timeframes. Bureau policies shall establish timeframes for conducting CRB reviews 

for incorporation into acquisition plan milestones.

Subpart 1004.72—Bureau Controls

1004.7200 Cost reimbursable, time-and-material and labor-hour control requirements.

(a) Given the high risk that cost reimbursable, time-and-material and labor-hour 

contracts present, Bureau contracting activities are responsible for establishing internal 

controls regarding their use. The purpose of these internal controls is to ensure, at a 

minimum-

(1) Contracting personnel understand the proper prescription of use for each contract 

type, inclusive of the risks involved;

(2) Proper monitoring and oversight are established and maintained throughout the 

life of these contracts; 

(3) Bureaus are proactive in taking action early within the acquisition planning 

process for future requirements for the same or similar items in maximizing the use of fixedprice contracts or orders; and

(4) That contract files are properly documented in describing why the contract type 

was selected and if applicable within the D&F why actions were not taken to transition to a 

fixed-price contract or order on future acquisitions for the same or similar item (see 

1016.601(d)(1)).

Subpart 1004.73—Evaluation and Certification of Treasury Procurement 

Functions

1004.7300 General.

Treasury Directive 12-11, Authorities of the Senior Procurement Executive, delegates to 

the SPE responsibility for monitoring and evaluation of the Department-wide procurement 

function. This may include a broad review of a Bureau contracting organization or a targeted 

review of a specific Bureau, program, initiative, or focus area. OMB Memorandum

“Conducting Acquisition Assessments under OMB Circular A-123” dated May 21, 2008 and 

OMB Circular A-123 may be used as a guide, as appropriate. The SPE will notify Bureaus 

of its intent to conduct such review.

1004.7301 Bureau Responsibilities.

(a) The HCA is responsible for monitoring and evaluation of their Bureau-wide 

procurement function. The HCA shall establish an appropriate mechanism to accomplish 

this. OMB Memorandum “Conducting Acquisition Assessments under OMB Circular A123” dated May 21, 2008 and OMB Circular A-123 may be used as a guide, as appropriate, 

in supporting such monitoring and evaluations. The HCA may re-delegate monitoring and 

evaluation authority of the acquisition system to officials at a level not lower than the BCPO.
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(b) The following are areas of importance—

(i) Contract actions effectively implement approved acquisition strategies (e.g., use of 

Treasury Mandatory Sources);

(ii) Negotiations and contract actions result in fair and reasonable pricing;

(2) Negotiations and contract actions are consistent with laws, regulations, and 

policies; and, 

(3) File documentation is readily available and maintained in accordance with FAR 

4.8 and 1004.8.

(c) Results may be used to identify trends, areas of improvement, best practices, training 

needs, possibly changes to Bureau or Treasury policy and procedures.

(d) Bureaus shall submit to the OPE copies of all audits or assessments done on their 

procurement organization. Copies are to be submitted to OPE at 

OfficeoftheProcurementExecutive@treasury.gov.

Subpart 1004.74—Procurement Automation

1004.7401 Policy.

(a) The use of automated acquisition and exchange of information among all Bureaus is 

highly encouraged. The objective is to automate acquisition processes to the extent that it is 

efficient and effective. OPE requires that acquisition automation be developed with 

consideration for potential to integrate, interface, or coordinate with related functions such as 

finance, accounting, internal control, property, and personnel, and to the enterprise level. 

(b) All Bureaus are required to use the systems available through the IAE. 

1004.7402 Collaboration on automated acquisitions systems and applications.

Bureaus shall notify the SPE as soon as possible of their intent to develop or obtain any 

significant automated acquisition system or application, or to make any substantive change to 

a current system or application. Bureaus shall collaborate with the Treasury Acquisition 

Systems User Group during such initiatives. Acquisition of, or substantive changes to, any 

significant automated acquisition system or application shall be approved by the SPE. 

Requests for approval shall address at a minimum the following points, as well as those 

prescribed by the Bureau's local Office of the Chief Information Officer (OCIO)—

(a) Purpose;

(b) Integration and Interfacing with the IAE systems;

(c) Integration with financial system(s);

(d) Return on Investment;

(e) Configuration;

(f) Standards;

(g) Security;

(h) Market Research;

(i) Strategic IT Planning;

(j) Risks;

(k) Maintenance; and

(l) Training.
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Subpart 1004.75—Procure-STAT Program

1004.7500 General.

(a) This subpart prescribes policies and procedures related to OPE’s Procure-STAT 

program. 

(b) Unless otherwise specified, Bureau level goals are established and managed by OPE 

through the Procure-STAT program. 

(c) Specific guidance regarding goals or acquisition improvement initiatives related to 

the Procurement-STAT program will be provided by the OPE.

(d) BCPOs will ensure, when applicable, that annual performance plans and appraisals 

for all contracting staff address elements specified by the SPE at the beginning of each 

calendar year and that all employees receive appropriate guidance and feedback for their 

role in promoting the specified initiatives. 

1004.7501 Responsibilities and accountability.

(a) OPE governance and reporting. The OPE is responsible for—

(1) Maintaining oversight of Treasury’s achievement of the goals and other related 

enterprise-wide acquisition improvement efficiencies. 

(2) Preparing a Monthly Scorecard (Dashboard) showing Bureau- and Departmentlevel progress toward meeting assigned goals and will submit the Dashboard for review by 

the Chief Acquisition Officer (CAO) and Deputy Secretary. 

(b) Bureau.

(1) BCPOs are responsible for implementing and managing acquisition improvement 

initiatives and goals in accordance with SPE and other executive guidance. 

(2) BCPOs are accountable for providing the leadership and direction which drives 

Bureau achievement of these goals. 

Subpart 1004.76—Treasury IT Acquisition Tracker

1004.7601 Scope.

(a) The Treasury IT Acquisition Tracker (Tracker) provides the Treasury Chief 

Executive Officers (CXOs) and the SPE visibility into all current year IT acquisition actions 

from planning to award stages as mandated by Federal IT Acquisition Reform Act 

(FITARA). 

(b) Registration is required to access and enter data into the Tracker (see How to 

Register at OPE’s SharePoint site).

1004.7602 Definition.

As used in this subpart—

“Acquisition action” means an acquisition operation that requires action from a CO that 

includes contract awards, exercise of options, other non-administrative contract 

modifications (e.g., addition or de-obligation of funds), interagency modifications as well as 

zero-dollar awards, and excludes administrative modifications and acquisitions below the 

purchase card limit.

1004.7603 Applicability.
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The Tracker applies to all Treasury IT Acquisitions. IT acquisition actions for nonTreasury customers shall not to be entered into the Tracker.

1004.7604 Procedures.

Additional procedures on and requirements surrounding the use of the Tracker can be 

found in the Tracker’s Job Aid. 

(a) COs shall work with CORs and program offices to ensure all IT acquisitions actions 

have been uploaded into the Tracker through the bulk download process.

(b) CORs are responsible for ensuring information in Tracker is accurate, current, and 

complete. 

(c) COs shall ensure COR designation letters include the responsibility for ensuring the 

information in Tracker is accurate, current and complete. 

Subpart 1004.77—Records Management

1004.7700 Scope of subpart.

This subpart prescribes acquisition policies and procedures in support of Treasury’s

records management program.

1004.7701 Policy.

(a) The Treasury Senior Agency Official for Records Management (SAORM) has 

agency wide responsibility and accountability for Treasury’s record management program. 

This includes ensuring that Treasury efficiently and appropriately complies with all 

applicable records management statutes, regulations, NARA policy and OMB policy.

(b) Contractors including subcontractors, who create, work with, or otherwise handle 

Federal records, regardless of the medium in which the record exists shall comply with 

Treasury record management requirements.

1004.7702 Definitions.

As used in this subpart—

“Federal record” as defined in 44 U.S.C. 3301, includes all recorded information,

regardless of form or characteristics, made or received by a Federal agency under

Federal law or in connection with the transaction of public business and preserved or 

appropriate for preservation by that agency or its legitimate successor as evidence of the 

organization, functions, policies, decisions, procedures, operations, or other activities of the 

United States Government or because of the informational value of data in them. For 

example, Federal record applies to records created, received, or maintained by a contractor 

pursuant to their contract or those records provided by the Government to the contractor. 

However, Federal record does not include personal materials. 

“Records management” means the planning, controlling, directing, organizing, training, 

promoting, and other managerial activities involved with respect to records creation, records 

maintenance and use, and records disposition in order to achieve adequate and proper 

documentation of the policies and transactions of the Federal

Government and effective and economical management of agency operations (see 44 U.S.C. 

§ 2901(2)).
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1004.7703 Authorities.

(a) Federal Records Act (44 U.S.C. Ch. 21, 29, 31, 33)

(b) Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended

(c) Privacy Act of 1974 (5 U.S.C. 552a), as amended

(d) OMB Circular No. A-130, "Managing Information as a Strategic Resource"

(e) OMB Memorandum No. M-19-21, “Transition to Electronic Records”

(f) Treasury Directive 80-05, "Records and Information Management Program"

(g) NARA Bulletin AC-27.2017 Memorandum on Records Management Contract 

Language

General Websites: 

• Freedom of Information Act (FOIA) | National Archives

• Records Management Regulations, Policy, and Guidance | National Archives

1004.7704 Requiring activity representative/ COR responsibilities.

The requiring activity representative/ COR shall—

(a) Coordinate with their cognizant records management representative to assess

whether or not a requirement involves the creation of, working with, or otherwise handling 

of Federal records. If the determination is that it does, they must work together to identify 

and include any additional record management requirements beyond those in 1004.7705(c) 

within the requirements document.

(b) Ensure contractors whose employees are required to take privacy training, inclusive 

of initial and refresher training are aware of the due dates for completion of mandatory 

records management training and coordinate with the cognizant records management 

representative in supporting this requirement, as well as the requirement to take action if 

contractor or subcontractor employees fail to take this mandatory training.

(1) Bureaus shall coordinate with their records management representative(s) to

determine how the mandatory records management training will be provided to contractors 

and identify the ramifications for failing to complete the training within the timeframe 

required.

1004.7705 Contracting officer responsibilities.

(a) The CO shall insert language similar to what is provided in paragraph (c) of this 

section, formatted and revised according to its placement, in all solicitations and resulting

contracts where contractors will create, work with, or otherwise handle Federal records, 

regardless of the medium in which the Federal record exists.

(b) The CO may consult the records management representative concerning whether or 

not a contract will involve the creation of, working with, or otherwise handling of Federal 

records. The CO may also consult the records management representative to properly tailor 

the language in paragraph (c) of this section to meet the needs of the requirement.

(c) Treasury’s records management requirement language.

Treasury records management requirements.

Definition. As used in this contract “Federal record” is as defined in 44 U.S.C. §3301, 

which includes all recorded information, regardless of form or characteristics, made or 

received by a Federal agency under Federal law or in connection with the transaction of 

public business and preserved or appropriate for preservation by that agency or its legitimate 
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successor as evidence of the organization, functions, policies, decisions, procedures, 

operations, or other activities of the United States Government or because of the 

informational value of data in them.

The Contractor shall comply with all applicable records management laws and

regulations, as well as National Archives and Records Administration (NARA) records 

policies, including but not limited to the Presidential and Federal Records Act Amendments 

of 2014, as amended (44 U.S.C. Ch. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter 

XII Subchapter B, and those policies associated with the safeguarding of records covered by 

the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

These policies include the preservation of all records, regardless of form or 

characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32(b), all data created for Government use and

delivered to, or under the legal control of, the Government under this contract are Federal 

records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, as amended, the 

Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 

1974 (5 U.S.C. 552a), as amended and shall be managed and scheduled for disposition in 

accordance with Federal law.

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that 

contains information covered by the Privacy Act of 1974, as amended. Other deliverables

will be treated as required or permitted by other provisions of this contract. If no other 

contract provision applies, the Contractor shall not retain, use, sell, or disseminate copies of 

any deliverable without the written permission of the Contracting Officer.

The Contractor shall ensure contractor employees, including subcontractor employees, 

under this contract who create, work with, or otherwise handle

Federal records successfully complete initial records management training and annual 

records management training thereafter.

The Contractor shall include the substance of this requirement in all subcontracts under 

this contract, when subcontractor employees will create, work with, or otherwise handle 

Federal records.
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Subpart 1004.78—Acquisition Management Review

1004.7800 Scope of subpart.

This subpart establishes Acquisition Management Review (AMR) requirements.

1004.7801 Definition.

“Major investment” means an investment with over $10 million annual Development, 

Modernization, Enhancement (DME) and/or Operations and Maintenance (O&M) costs or 

that requires special management attention based on it being a significant program or having 

policy implications; important to mission or function to the Treasury; high executive 

visibility; or unusual funding mechanism. See Treasury’s Capital Planning and Investment 

Control (CPIC) process.

“Major acquisition” has the same meaning as 1046.70.

“Acquisition Management Review (AMR)” means a meeting conducted by the Program 

Manager or COR in concert with the CO(s) and other key stakeholders (e.g., contractor 

representative) concerning a contract or group of contracts that support a major investment 

or is considered a major acquisition. AMRs should be conducted on a regular basis (semiannually or annually) for major investments, development type programs or those critical to 

the mission delivery of the Treasury. 

“Program” means a collection of projects or acquisitions that are managed as a group.

1004.7802 Purpose. 

The purpose of an AMR is to discuss—

(a) The status of program-level milestones, schedule, deliverables and other key items;

(b) The status of key contract milestones, schedules, deliverables, and other key items;

 

(c) Contractor performance (e.g., metrics outlined in a quality assurance surveillance 

plan (QASP));

(d) Problems and/or risks (i.e., cost overruns, timing, resources, dependencies, IT, 

security, etc.), if any, and develop appropriate plans of action as necessary; 

(e) Changes that have occurred since the last AMR that impact the major investment, 

major acquisition, or contract (e.g., budget, changes in resources, delays, customer 

feedback); and

(f) Any other items.

1004.7803 Requirements.

(a) As part of the acquisition planning process, requirements supporting a major 

investment or major acquisition shall be identified by the requiring activity/COR as part of 

the procurement request submission. This is to include whether the requirement will be 

covered by an AMR.

(b) The degree and type of contractor involvement in an AMR shall be considered by the 

requiring activity/COR in collaboration with the CO during the acquisition planning stage. 

Any necessary elements needed to support the AMR shall be appropriately incorporated 

within the Performance Work Statement (e.g., identify QASP metrics that are tied to key 

program requirements). 
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(1) Contractor attendance is encouraged, though not required. Contractor attendance 

can ensure all parties are fully engaged in the successful execution of the program, 

specifically in instances where their attendance is necessary (e.g., the Program 

Manager/COR requires the contractors to discuss a complex deliverable or tasking; or 

provide explanation of their performance concerning an established QASP metric). 

(2) Since an AMR may involve discussion of competition-sensitive and/or 

government sensitive information, the Program Manager/ COR needs to collaborate with the 

CO to ensure the appropriate safeguards are in place to avoid disclosure of such sensitive 

information in the event a contractor will attend an AMR. 

(c) The CO shall document the file (see FAR 7.105(b)(19)) as to whether the resultant 

award will be covered by an AMR. 

(d) Since an AMR can involve the discussion of a contract or group of contracts the 

Program Manager/ COR shall notify the CO(s) and other stakeholders that will be involved 

in the AMR in advance of scheduling an AMR. This enables for everyone to prepare and be 

able to provide the information and data needed to support the AMR. 

(e) An AMR shall cover the items prescribed by 1004.7802. The Program Manager/ 

COR is responsible for developing the agenda, prescribing the format (e.g., teleconference, 

onsite meeting), and scheduling (see 1004.7804) of the AMR.

1004.7804 Frequency of AMR.

An AMR might be conducted at a specific milestone on a program or on a predictable 

schedule (e.g., monthly, quarterly, or annually). However, at a minimum, an AMR shall be 

held at least once during a twelve-month period and cover the topics described in 

1004.7802. The schedule for conducting an AMR is set by the Program Manager/ COR in 

coordination with the CO and is dependent on the criticality and complexity of the major 

investment or major acquisition. 
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PART 1005—PUBLICIZING CONTRACT ACTIONS

1005.003 Governmentwide point of entry.

Posting information (e.g., proposed contract action, pre-solicitation notice) on a Bureau 

website or other location does not satisfy the requirement to publicize contract actions and 

other information through the Governmentwide point of entry (GPE). In addition, the use of 

online procurement services for open market procurements, such as reverse auction, does not 

fulfill the responsibility to disseminate information as required by FAR 5.1. COs shall 

ensure that all required information, such as the brand name justification or documentation 

required by FAR 5.102(a)(6), is included and posted on as required by the FAR through the 

GPE.

Subpart 1005.2—Synopses of Proposed Contract Actions

1005.202 Exceptions. 

(a)(1) In order to use the exception prescribed by FAR 5.202(a)(1), a BCPO shall have 

an established procedure that is reviewed and concurred by the SPE. In instances, where a 

CO determines the use of the exception prescribed by FAR 5.202(a)(1), the CO shall submit 

the determination to the BCPO for review and concurrence.

(i) BCPOs shall submit a semi-annual report to OPE at 

OfficeoftheProcurementExecutive@treasury.gov. The report shall include information about

each instance that the exception prescribed by FAR 5.202(a)(1) was used.

(b) The SPE is authorized to make the written determination required by FAR 5.202(b). 

The CO shall submit requests for exception to the notice required by FAR 5.201 to the SPE 

for approval in accordance with 1001.7000(a)(1).

1005.205 Special situations.

(e) See 1007.370 for information on the prohibition of the use of funds appropriated or 

otherwise made available in the Consolidated and Further Continuing Appropriations Act, 

2015 (Pub. L. 113-235) or any other Act, unless otherwise stated therein.

Subpart 1005.3—Synopses of Contract Awards

1005.301 General.

(a)(3) The Bureau and CO shall follow the requirements and procedures described in 

1005.202(a)(1) for the purpose of using the exception prescribed by FAR 5.301(a)(3).

(b) The CO shall document the contract file explaining the reason(s) why a contract 

award was not synopsized.

Subpart 1005.4—Release of Information

1005.403 Requests from Members of Congress.

BCPOs shall notify the SPE within twenty-four hours of receipt of a Congressional 

inquiry regarding an acquisition (see 1001.7000(c)). 
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1005.404-1 Release procedures.

The authorities under FAR 5.404-1(a) and (b) are delegated to the BCPO. BCPOs shall 

notify the SPE of any release of long-range acquisition planning estimates at least two weeks 

in advance of release (see 1001.7000(c)). The BCPO, as applicable, shall ensure these longrange acquisition planning estimates are reported in accordance with 1046.7000.

Subpart 1005.5—Paid Advertisements

1005.502 Authority.

(a) The BCPO is the delegated authority to approve the publication of paid 

advertisements in newspapers.

(b) The BCPO is the delegated authority to determine if advanced written authorization 

prior to placement of advertisements in media other than newspapers is required.
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PART 1006—COMPETITION REQUIREMENTS

Subpart 1006.2—Full and Open Competition After Exclusion of Sources

1006.202 Establishing or maintaining alternative sources.

(b)(1) Determination & Findings (D&F) for establishing or maintaining alternative 

sources as prescribed by FAR 6.202 shall be submitted to the SPE for approval in accordance 

with 1001.7000(a)(1).

Subpart 1006.3—Other Than Full and Open Competition

1006.302-1 Only one responsible source and no other supplies or services will satisfy 

agency requirements. 

(b)(4) The SPE has the authority to make the determination in FAR 6.302-1(b)(4) (see 

1001.7000(a)(1)). For requirements involving IT, the SPE will coordinate, as necessary, with 

the Treasury CIO.

1006.302-2 Unusual and compelling urgency. 

(c)(1)(i) For instances when the preparation and approval of the justification prior to 

award would unreasonably delay the acquisition, the CO shall provide notification to the 

approving official(s) of the urgent need to make award. If the approval official is the CO, the 

CO shall provide the notification to their immediate supervisor and to one level above their 

supervisor. The purpose of the notification is to make the approving official(s) or other 

individuals aware of the urgent circumstances and the CO’s intended action to proceed with 

award without preparation and approval of the justification. 

(d)(1)(ii) The HCA has the authority to make the determination in FAR 6.302-2(d)(1)(ii). 

1006.302-7 Public interest.

(c)(1)(ii) The CO shall prepare a written request for approval and submit it in accordance 

with 1001.7000(b). The request shall include a D&F for the head of the agency’s signature 

that contains all pertinent information to support the justification for exercising the 

exemption to competition under the authority of 41 U.S.C. 3304(a)(7). The request shall also 

include the date the CO expects to award the contract.

1006.304 Approval of the justification.

(a)(2) For a proposed contract over $15 million, but not exceeding $75 million, the 

Bureau CIO must review and consent to the approval of the justification prior to approval by 

the approving authorities prescribed by FAR 6.304(a). The Bureau CIO may delegate their 

authority for proposed contracts over $5 million, but not exceeding $15 million to Associate 

Bureau CIO(s).

(a)(4) For a proposed contract exceeding $75 million the Treasury CIO must review and 

approve the justification prior to submission of the justification to the SPE for approval. See 

paragraph (d) of this section. This authority is not delegable.

(c) Class justifications shall be approved by the same approval authority(ies) as for 

individual justifications (see FAR 6.3).
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(d) For justifications that include the purchase of IT, the IT signature requirement 

prescribed in paragraphs (a)(2) and (a)(4) of this section reflect only the portion of the 

acquisition that is IT. The justification shall clearly state the portion of the proposed contract 

that is IT as well the overall dollar value of the proposed action.

(e) All justifications submitted to SPE for approval shall be accompanied by the approved 

acquisition plan and any other supporting documentation.

1006.305 Availability of the justification.

(d)(2) Treasury OPE SharePoint provides a link to the GPE for accessing these 

justifications.

(f) The CO shall document the contract file explaining how the posting of the justification 

would disclose the agency’s needs and disclosure of such needs would compromise national 

security or create other security risks. 

Subpart 1006.5—Advocates for Competition 

1006.501 Requirement.

Treasury Directive 12-11, Authorities of the Senior Procurement Executive, delegates to 

the SPE authority and responsibility for designating an advocate for competition for 

Treasury. Treasury’s advocate for competition is located in the OPE. Bureau HCAs shall 

designate in writing a Bureau advocate for competition pursuant to 41 U.S.C. 1705. A copy 

of the designation letter shall be submitted to OPE’s e-mail address at 

OfficeoftheProcurementExecutive@treasury.gov and the Treasury advocate for competition. 

A list of the individuals serving as Advocate for Competition is available on OPE's Public 

Site.

1006.502 Duties and responsibilities.

Treasury’s guide for advocates for competition is available at Treasury OPE SharePoint.

(c) Bureau advocates for competition shall—

(1) Work with the Bureau SBS or Treasury’s OSDBU to ensure that small businesses 

and agency small business goals are considered when addressing limited competition, 

justifications for an exception to fair opportunity or other types of sole source requests;

(2) Review proposed acquisitions valued at greater than $750,000 and recommend 

actions for optimal competition;

(3) Recommend to the BCPO areas for acquisition policy, training, or other outreach 

methods to optimize competition and acquisition of commercial items;

(4) Monitor Bureau competition levels for achievement of Treasury and Bureau goals 

for optimal competition and, if applicable, acquisition of commercial items; 

(5) Recommend to the BCPO methods to incentivize and motivate program 

managers, COs, and others to promote and increase competition and acquisition of 

commercial items; 

(6) Validate Bureau FPDS competition data; 

(7) Participate in meetings or events as requested by the BCPO or agency advocate 

for competition and;
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(8) Establish a Bureau plan for optimizing competition (e.g., this could include a 

review of Bureau contracting operations to assess the achievement of optional competition)

and acquisition of commercial items. At a minimum, the plan shall include the following:

(i) The methodologies to be used to integrate and promote the acquisition of 

commercial items and full and open competition within their organization as well as to obtain 

the endorsement and support of their organization;

(ii) A discussion of the obstacles to competition faced by the Bureau and 

proposed approaches for overcoming them; 

(iii) A discussion of the obstacles to the acquisition of commercial items faced by 

the Bureau and proposed approaches for overcoming them; and

(iv) Discussion of the methods to be used for increasing competition and the 

acquisition of commercial items.

(9) Support, as applicable, the preparation of the annual Treasury Advocates for 

Competition report.
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PART 1007—ACQUISITION PLANNING

Subpart 1007.1—Acquisition Plans

1007.101 Definitions.

As used in this subpart

“Program/System acquisition plan” means a written acquisition plan that includes more 

than one acquisition under an overarching Treasury-wide or Bureau specific program/system

or common requirement. For example, when several Treasury Bureaus purchase the same 

supplies or services, the requirement can be covered within a single program/system 

acquisition plan. 

1007.102 Policy.

(a)(4) See 1008.002 for Treasury Mandatory Source requirements;

(5) Implementation of best practices; and

(6) Appropriate consideration of use of reverse auction (see 1007.105(b)(5)(v)).

1007.103 Agency-head responsibilities.

(e) In addition to the FAR 7.103(e) requirement for written acquisition plans to be 

prepared for cost reimbursement and other high risk contracts (e.g. other than firm-fixed 

price contracts), individual written acquisition plans, unless one of the exceptions provided 

in paragraphs (e)(1) and (e)(3) of this section apply, are required for any acquisition, 

including interagency agreements, expected to exceed the SAT, inclusive of all options or 

award terms offered as incentives. Treasury SF 1011, Acquisition Plan, or Bureau template 

that addresses the minimum requirements at FAR part 7, shall be used for the preparation of 

the written acquisition plan. Bureaus may use the SF 1011 or develop a streamlined version

for actions at or below the SAT and for the purposes described in paragraphs (e)(1) through 

(e)(3) of this section. The requirement for a written AP does not satisfy Treasury’s 

requirement for Bureaus to have an acquisition planning program.

(1) Delivery and task orders issued under a Treasury Mandatory Source, 

Department-wide or Bureau-wide contract where a written program/system acquisition plan

(see 1007.105-70) was established that fully addresses the requirement and anticipated 

orders or calls. A streamlined acquisition plan may be completed to address specific FAR 

7.105 acquisition plan requirements (e.g., security considerations) that otherwise do not 

require the program/system acquisition plan to be revised. 

(2) Orders/calls issued under a Treasury Mandatory Source, Department-wide or 

Bureau-wide agreement where a written program/system acquisition plan (see 1007.105-70) 

was established that fully addresses the requirement and anticipated orders or calls. A 

streamlined acquisition plan may be completed to address specific FAR 7.105 acquisition 

plan requirements (e.g., security considerations) that otherwise do not require the 

program/system acquisition plan to be revised.

(3) Emergency acquisitions as prescribed by FAR 18. 

(f) See subpart 1007.70 for Treasury’s guidance on cost estimates. 

(g) See 1007.105-70 for content requirements for program/system acquisition plans.

(j) The HCA may establish additional review and approval criteria (e.g., thresholds) for 

acquisition plans than those prescribed by FAR 7.103(j) or the SF 1011. The CO shall refer 
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to the CIO business process for review and approval criteria and thresholds for acquisition

plans, inclusive of program/system acquisition plans that include IT. 

(1) Acquisition plan revisions that involve a revision to the acquisition strategy, 

increase in the dollar value or other elements of FAR 7.105(b)(1) through (b)(5) are subject 

to the same review and approval process as the original acquisition plan. In instances where a 

revision exceeds the original approval level, the acquisition plan revision shall be submitted 

according to the current applicable approval requirements based on the revised criteria and 

threshold requirements. All other acquisition plan revisions require, at a minimum, the 

signature of the CO and the COR. 

(i) Unless otherwise deemed necessary by the CO, acquisition plan revisions are 

to be accomplished by addressing only the change(s) to the acquisition plan 

section/subsection being made under the revision. A complete revision of the acquisition plan

itself should only be necessary when there are significant changes to the acquisition that 

cannot be clearly explained otherwise. At a minimum acquisition plan revision shall—

(A) Identify the document as “Acquisition Plan Revision” along with a 

revision number and effective date of the revision on the front page of the document; 

(B) Include a description on the front page of the document the rationale or 

circumstances supporting the need to revise the acquisition plan; 

(C) Be placed in the contract file with the original acquisition plan.

(m) The HCA may establish waiver requirements on the detail and formality in planning 

for acquisitions having compressed delivery or performance schedules because of the 

urgency of the need.

(u) To support FAR 7.103(u) requirements, the requiring activity and CO shall, to the 

maximum extent practicable, involve the Bureau SBS early in the acquisition planning 

process. 

(1)(i) Structuring contract requirements to facilitate competition by and among small 

business concerns as well as enabling for subcontracting possibilities (see subpart 1019.7) is 

of specific importance when considering use of a Treasury Mandatory Source or other 

preexisting vehicles and establishment of a new Treasury Mandatory Source.

1007.103-70 HCA responsibilities.

(a) In accordance with FAR 7.1, the HCA shall develop an acquisition planning program 

for all requirements to ensure that its needs are met in the most effective, economical, and 

timely manner. This program shall include the requirement for the preparation of a list of 

planned and expiring acquisitions as far in advance of each fiscal year as possible. 

(b) HCAs have the flexibility to develop acquisition planning programs, policies and 

procedures that are best suited to their individual Bureau needs. Practices that have been 

shown to improve acquisition outcomes include: 

(1) Enhancing upfront planning to align program requirements and acquisition 

strategies and to make sure acquisition requirements are clearly specified

(2) Increasing the amount of attention paid to market analysis, cost estimates, and 

choice of contract types and incentives, to achieve excellence and cost-effective 

performance; 

(3) Increasing the amount of attention paid early in the acquisition process to ensure

that sufficient internal capacity is or will be in place to effectively manage and oversee 

contract performance and mitigate risks after award; 
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(4) Instituting peer or other types of reviews at critical stages during the acquisition 

process to bring the best expertise to bear to ensure effective execution of acquisition, 

project, and program responsibilities. Peer reviews can be conducted in a variety of ways 

(e.g., they can be used to evaluate if an acquisition for carrying out the investment is being 

planned or managed effectively and offer constructive ideas and alternatives for achieving 

desired outcomes); and 

(5) Ensuring that systems are in place to review contract cost, schedule, and 

performance goals on an ongoing basis and that corrective action is taken in a timely manner 

to affect contract outcomes when variances from these goals occur. 

1007.104 General procedures.

(a) For acquisitions exceeding $15 million, the acquisition plan should be approved at 

least 18 months prior to the anticipated award date, plus any additional time required for 

transition. 

(b) To aid planning, Bureau program officials shall forecast future requirements, 

including renewal of ongoing contracts, to ensure applicable projects are covered in 

individual acquisition plans. Additionally, BCPOs shall establish and publish standard 

procurement lead-times and cut-off dates and implement procedures to measure service level 

accomplishment in accordance with those procurement lead times, e.g., “90% of acquisitions 

were accomplished within the established lead time of 90 days.” BCPOs may negotiate and 

monitor other agreements and exceptions in supplying procurement services to the 

requirements personnel.

(d) The Bureau SBS shall identify, as early in the acquisition planning process as 

possible, acquisitions contemplating consolidation, bundling, or substantial bundling and 

notify the OSDBU and SBA PCR upon identification. 

1007.105 Contents of written acquisition plans.

(b)(1) Include analysis and determination to order against another agency’s indefinitedelivery vehicle (see FAR 17.502-1(a)(2) and 1017.503).

(4) Include a discussion of whether or not pre-proposal, pre-solicitation 

conference(s), or site visit(s) will be conducted. All acquisition plans for major systems 

shall include the following in accordance with FAR 7.105(b)(4) and FAR 7.105(b)(11);

(i) A determination from the requirements official as to whether the program is a 

major acquisition under FAR 34 and OMB Circular A-11, “Preparation, Submission and 

execution of the Budget” (see part 1034 for Treasury requirements); 

(ii) If so, whether the program is required to include Earned Value Management 

(EVM) and if the contractor is required to have an Earned Value Management System 

(EVMS); 

(iii) If so, whether the program official is EVM trained and qualified or has support 

that is EVM trained and certified; and 

(iv) When and how an Integrated Baseline Review (IBR) will be completed.

(5)(i) A D&F shall be prepared for acquisitions that exceed $15 million where 

performance-based acquisition (PBA) methods will not be used. The D&F shall be 

forwarded to the SPE for approval in accordance with 1001.7000(a)(2). For cross-serviced 

requirements, thresholds are applied by contracting activity rather than funding agency. 
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Treasury SF 1006, Determination & Findings for not using Performance-Based Acquisition 

methods, shall be used to support the CO’s determination. 

If applicable, indicate if the period of performance is anticipated to exceed five years, 

excluding FAR 41 and options prescribed by FAR clauses 52.217-8 and FAR 52.237-3 (see

1017.204 for SPE approval requirements).

(iii) See 1011.002(g) for Treasury’s IPv6 policy.

(v) Discussion of the determination to use reverse auction (see 1007.170). 

(vi) For IT acquisitions for digital services, discuss whether Modular approaches 

(e.g., Agile) will be used to improve investment manageability and budgetary feasibility; 

reduce overall risk; and support rapid delivery of incremental new functionality.

(10) Include the code provided by the program office/requiring activity under

1007.503 along with any related discussion.

(19)(i) Discuss how reporting of contractor performance information will be handled 

in accordance with subpart 1042.15.

(ii) If applicable, include a statement that this action meets the definition of a 

Major Acquisition as defined in subpart 1046.70.

(20)(viii)(A) Discuss as applicable, EHS requirements and risks to include FAR and 

Bureau requirements; use of EHS evaluation criteria and factors; EHS deliverables; 

requirements for post-award EHS oversight; and any other EHS actions pertinent to the 

requirement that has been identified by the designated EHS professional as involving EHS 

concerns. The purpose is to document, within the acquisition plan, EHS concerns to ensure 

appropriate management of such EHS concerns. See subpart 1023.70.

(B) Project labor agreement. Discuss if applicable, the use of a project labor 

agreement (see FAR 22.5).

(ix) Conflicts of interest. Describe any identified organizational conflicts of 

interest (see FAR 9.5) that may exist at time of contract award, may arise during contract 

performance, or may arise in a future acquisition or personal conflicts of interest (see FAR 

3.11). Explain the proposed method or methods of addressing these conflicts of interest. 

Identify any solicitation provisions and contract clauses that would be used to address these 

conflicts of interest.

(x) Privacy requirements (see subpart 1024.70).

(xi) Records management requirements (see subpart 1004.77).

1007.105-70 Content requirements for program/system acquisition plans.

A program/system acquisition plan may be practical for Treasury-wide or Bureau-wide 

requirements (e.g., major systems as defined in FAR 34 and see part 1034) or instances 

where Bureaus are purchasing the same type of supplies or services through a Treasury 

Mandatory Source. Though program/system acquisition plans include the same content as 

provided in FAR 7.105 and 1007.105 they are written in a manner that fully addresses the 

program/system requirement and the anticipated, contracts, orders or calls to be issued in 

support of the program/system requirements. Using a single program/system acquisition plan 

can result in better use of Treasury resources by eliminating or reducing the time and effort 

expended in the development and review/approval/revision of multiple individual acquisition 
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plans that otherwise would be required for each acquisition meeting the threshold in 

1007.103(e).

(a) When a program/system acquisition plan is feasible it shall include, at a minimum,

the following content—

(i) Identify the document as a “Program/System Acquisition Plan”;

(ii) Identify a Program/System Acquisition Plan document number. This document 

number is to identify the plan when referencing it within other documents (e.g., streamlined 

acquisition plan).

(iii)Include the following statement after the title “This Program/System Acquisition 

Plan covers all anticipated [insert ‘contracts,’ ‘orders’ or ‘calls’] up to the following 

estimated [insert ‘total contract value’, ‘maximum contract value’, ‘maximum ceiling price’ 

or ‘total estimated value’] for [insert the name of the program/system];”

(iv)Identify the Bureau(s) that will be covered by the plan; and

(v) If applicable, describe in sufficient detail under the acquisition background and 

objective section of the document prior procurement history of the requirement(s) being 

included within this plan broken down, as applicable, by each Bureau.

(b) When a program/system acquisition plan does not cover an order or call, an 

individual acquisition plan shall be prepared in accordance with 1007.103(e) or a revision 

made to the program/system acquisition plan in accordance with 1007.103(j)(1). See 

paragraph (d) of this subsection for the requirement to ensure the program/system acquisition 

plan remains current.

(c) See 1007.103(j) for review and approval of program/system acquisition plan 

requirements.

(d) Approved program/system acquisition plans shall be reviewed on an annual basis to 

ensure: currency with the program/system requirements (e.g., inclusive of any approved 

acquisition strategy); compliance with the requirements of the contract or the agreement; and 

compliance with FAR, DTAR, DTAP, Treasury, and Bureau requirements and the need to 

address any individual acquisition plans that may have been issued since the last review (see 

paragraph (b) of this subsection). 

1007.107 Additional requirements for acquisitions involving consolidation, bundling, 

or substantial bundling.

(a) The CO shall immediately notify the Bureau SBS if they are contemplating an 

acquisition to involve consolidation, bundling or substantial bundling (see FAR 10.001(c)). 

1007.107–2 Consolidation.

The BCPO is delegated the authority prescribed to the SPE in FAR 7.107-2. Treasury SF 

1007, Determination that consolidation, bundling or substantial bundling is necessary and 

justified, shall be used to support the determination prescribed by FAR 7.107-2. 

1007.107–3 Bundling.

Treasury SF 1007, Determination that consolidation, bundling or substantial bundling is 

necessary and justified, shall be used to support the determination prescribed by FAR 7.107-

3.
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1007.107–4 Substantial Bundling.

Treasury SF 1007, Determination that consolidation, bundling or substantial bundling is 

necessary and justified, shall be used to support the determination for substantial bundling 

described by FAR 7.107-4.

1007.107–5 Notifications.

(a) See Treasury OPE SharePoint for a sample letter notifying the small business of the 

Government’s intent to bundle the requirement.

(b) The CO shall submit the notification required by FAR 7.107-5(b) to the Bureau SBS 

who will be responsible for coordinating with the OSDBU the posting of the notice on 

Treasury’s website.

(c) The CO shall submit the information required by FAR 7.107-5(c) to the Bureau SBS 

and OSDBU as well.

1007.170 Criteria for selecting the use of a reverse auction.

(a) General guidance. Reverse auctioning is an Internet-based or electronic commerce 

acquisition tool/service following traditional auction principles that allows the Government 

to procure goods and services from offerors/suppliers in a competitive and dynamic 

environment where the sellers successively bid prices down until the auction completes. A 

contract can be awarded to the winner provided it represents the best value and the rest of the 

offer is found to be technically acceptable. Use of reverse auctioning may not always be in 

the best interest of the government or fit the acquisition strategy (see OFPP memorandum

dated June 2, 2015 entitled, “Effective Use of Reverse Auctions”). Prior to making a 

determination to use reverse auction for a particular requirement the conditions described 

below shall be met. 

(1) High volume, commodity type commercial items or commodity-like services 

(excluding Architect-Engineer services, construction and personal services), which do not 

need exact or lengthy specifications, are available off the shelf; 

(2) Requirements documents are well-defined, and are of low complexity or are 

universally understood (e.g., IT type equipment);

(3) Solicitation documents can be standardized with respect to procedures for the 

auction such as cut-off time, duration, extensions, and communication procedures;

(4) There is a well-established supplier base and strong industry interest in 

participating in a reverse auction; 

(5) The tradeoff process is not being used nor evaluation criteria deemed by the CO to 

be subject to significant interpretation and subjective judgment; 

(6) Performance within CONUS; 

(7) Fixed-price contract (see FAR 16.2);

(8) The reverse auction tool/service shall provide offerors with the ability to submit 

revised quotes throughout the course of the auction; and

(9) The reverse auction tool/service shall enable past performance or financial 

responsibility information created by the third-party be available to offerors.

(b) Considerations. The following represents additional considerations to support the 

CO’s determination:

(1) Historical use of reverse auction for the same or similar item; 
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(2) How the use of a reverse auction fits into the overall acquisition strategy (e.g.,

time and socio-economic);

(3) An auction starting price and target price can be reasonably determined;

(4) Anticipated savings offset the costs (e.g., direct or indirect); and

(5) The dollar value is sufficient to support the use.

(c) Documentation. If a determination is made to use reverse auction, the acquisition file 

shall be documented (i.e., either within the acquisition plan or a separate document) to 

explain how the reverse auction will support the acquisition, set forth the basis of the 

determination, and an analysis of any direct costs (such as fees) or indirect costs associated 

with the use of this tool/service. 

Subpart 1007.2—Planning for the Purchase of Supplies in Economic Quantities

1007.204 Responsibilities of contracting officers.

(a) COs shall refer to Bureau procedures for purposes of submitting the information 

described by FAR 7.204(a).

Subpart 1007.3—Contractor Versus Government Performance

1007.370 Prohibition. 

None of the funds appropriated or otherwise made available by the Consolidated and 

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) or any other Act, unless 

stated otherwise therein, may be used to begin or announce a study or public-private 

competition regarding the conversion to contractor performance of any function performed 

by Federal employees pursuant to Office of Management and Budget Circular A–76 or any 

other administrative regulation, directive, or policy.

Subpart 1007.5—Inherently Governmental Functions

1007.503 Policy.

(e)(1) For new service contracts (i.e., where the predominate amount of the requirement 

is for services/the primary PSC code is for services), the requiring activity shall include 

within the procurement request or package—

(i) The applicable inherently governmental function/ code as outlined in Table 7-1 

of 1007.503-70 and, unless otherwise not required in accordance with paragraph (e)(2) of this 

section the following documents.

(ii) For requirements exceeding $25,000, a completed Coding of Service Contract 

Requirement Worksheet (Worksheet) approved by the Bureau Senior Accountable Official 

(SAO) or designee.

(iii) For requirements exceeding the SAT, a completed Analysis document 

discussing the work to be performed: is not inherently governmental, has the appropriate 

level of government oversight, and the contractor’s discretion is limited in that it won’t 

infringe on any inherently governmental function. The Analysis document is to be 

completed in addition to the Worksheet.

(2) The Worksheet and Analysis documents are not required for:

(i) Requirements that are covered by a class determination.
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(ii) Requirements that will—

(A) Be placed against an existing Treasury vehicle (e.g., BPA and IDV) where 

an analysis has already been conducted and the information required in paragraph (e)(1) of 

this section has been submitted; 

(B) Not result in a change in the scope of work; and

(C) Not result in a change in the inherently governmental function/ code 

currently identified. 

(3) The CO shall not proceed until receipt of the information required by paragraph 

(e)(1) this section or in instances when the Worksheet indicates that the requirement includes, 

even in a small part, work that is inherently governmental. The CO shall return to the 

requiring activity requirements that include work that has been designated as inherently 

governmental or take other appropriate steps in accordance with Bureau policy to ensure that 

no requirement inclusive of inherently governmental work is solicited or awarded. 

(4) To ensure there is adequate oversight of contracts that include services closely 

associated with inherently governmental functions and critical functions, BCPOs shall take 

steps to ensure appropriate oversight and management of such contracts and establish 

appropriate internal controls for both the CO and COR functions to ensure contractor 

compliance with contract scope/requirements with no unauthorized expansion of scope or 

performance.

(5) Coding of service contracts is a requirement managed by the Department’s 

Deputy Assistant Secretary for Human Resources and Chief Human Capital Officer. Further 

information about this requirement can be obtained from the Bureau SAO or designee or at 

Departmental Offices Service Contract Coding Policy and Guide

(i) Coding of service contract requirements and approval of the Worksheet and 

Analysis documents shall not be delegated to the BCPO or equivalent.

1007.503-70 Coding of service contracts in FPDS.

The coding of service contracts applies to agreements, contracts, task orders, delivery 

orders, purchase orders, and calls. Failure to enter the information in the format prescribed 

will result in an FPDS validation error that will prevent the award from being released in 

FPDS. 

(a) The CO shall select the appropriate FPDS inherently government function as shown 

in column 1 of Table 7-1 of this subsection from the FPDS drop down field, for all awards 

having a product service code beginning with a letter (i.e., A through Z), regardless of dollar 

amount. The selection shall be based on the inherently governmental function/code provided 

by the requiring activity (see 1007.503(e)).

Table 7-1 – FPDS coding requirement

Function If the requirement is:

Closely 

associated

Closely associated with an inherently governmental function

Critical 

function

A critical function but not closely associated with an 

inherently governmental function

Other

function

Neither a critical function nor closely associated with an 

inherently governmental function (i.e., other function)
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(1) This requirement is not applicable to actions awarded before March 1, 2012. A

code cannot be reported for modifications issued against an award that was issued prior to

this date.

(b) Should the inherently governmental function/ code change at any time after 

submission (e.g., mistake or change in requirements or contract scope) such that a revision is 

necessary, the requiring activity shall submit to the CO a revised inherently governmental 

function/ code and a revised completed Worksheet and Analysis documents, as applicable. 

The submission shall include an explanation for the change. Upon receipt of the revised 

inherently governmental function/ code and as applicable, documentation the CO shall then 

revise or update FPDS accordingly. 

Subpart 1007.70—Independent Government Cost Estimate

1007.7000 Scope.

This subpart prescribes Treasury policy and procedure for the preparation, acceptance 

and use of independent government cost estimates (IGCE).

1007.7001 Policy.

The IGCE serves as the basis for acquisition planning through setting budgets or 

reserving funds for current and future requirements; provides the basis for comparing costs or 

prices proposed by offerors; and serves as an objective basis for determining price 

reasonableness in cases in which one offeror responds to a solicitation. An IGCE is 

developed well in advance and prior to the issuance of a solicitation and is an important tool 

in demonstrating the Government’s due diligence in reasonably estimating the cost of 

performance. 

(a) The requiring activity is responsible for the preparation of the IGCE. The Treasury 

OPE SharePoint provides guidance on preparing an IGCE. The requiring activity may also

use the IGCE tool as well as other information and data (e.g., prices paid and CALC tool) 

available on the Acquisition Gateway or other websites that support a specific GWAC that is 

being considered for the purposes of generating an IGCE. COs should exercise appropriate

discretion when selecting an IGCE tool to use. 

(1) The CO and Bureau Cost/Price analyst may provide assistance and guidance, as 

deemed necessary, in the development of the IGCE. Input should also be sought from other 

individuals on the acquisition team who have expertise or insight into a particular area of the 

requirement that may assist in the estimating of costs for the development of the IGCE.

(b) The specific content of the IGCE will vary, depending on the nature, circumstances, 

and complexity of the contract action. In developing an IGCE the preparer shall ensure the 

IGCE—

(1) Provides sufficient detail to reflect how the estimate was derived; 

(2) Includes sufficient detail on the sources, assumptions, rationale and other 

information used in the development of the estimate (e.g., if using a GSA schedule then 

provide the GSA schedule number and the names and contract numbers of the schedule 

holders used); and
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(i) Sources must be recent and relevant to the requirement contemplated. This is 

of specific importance when the requirement involves a cost, labor-hour or time-and-material 

contract type.

(3) Provides, as applicable, the source material used in the development of the 

estimate. 

(c) The CO shall review and ensure, prior to acceptance that the IGCE—

(1) Provides clear, complete, and relevant data and information;

(2) Identifies the estimated pricing or cost in sufficient detail;

(3) Provides sufficient narrative to describe the estimating methodology, sources, 

assumptions, rationale, and other information used in developing the estimate; and

(4) If applicable, includes copies of or other means of accessibility (e.g., hyperlinks) 

to the source material used to support its preparation;

(d) If the IGCE received by the CO is found not to meet the requirements of paragraph 

(c) of this section or found to include unidentifiable calculations or other errors, then the CO 

shall take appropriate action (e.g., return the IGCE for correction, obtain clarification, or 

obtain additional information) to resolve the issues identified.

(e) In instances, where the IGCE is being used as the basis for price fair and 

reasonableness or in the analysis of pricing or cost, the CO shall notify the preparer of 

appropriate remedial action when there is a significant difference between the IGCE or of 

any other indication of discrepancy (e.g., significant variation in labor mix) between offers or 

quotations and the basis for the IGCE. Remedial action may include gathering information 

from offerors or the acquisition team to determine the cause of the significant difference, 

revising requirement documentation, amending the solicitation, but does not include 

unjustified revision of the IGCE.
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PART 1008—REQUIRED SOURCES OF SUPPLIES AND SERVICES

1008.002 Priorities for use of mandatory Government sources.

In the establishment of awards to meet Treasury requirements, including the 

requisite market research efforts the following order of precedence shall be observed:

(a) FAR-mandated sources listed in subparts 8.002 and 8.003. 

(b) Treasury Mandatory Sources. Treasury Mandatory Sources are those 

designated by the Senior Procurement Executive for certain types of requirements. 

These designations are common for the establishment of Enterprise-wide vehicles or 

preferred sources. Treasury Mandatory Sources shall have the highest priority for use 

once the CO or purchase cardholder verifies that the mandatory sources listed in FAR 

8.002 and 8.003 cannot satisfy the requirement. See 1008.002-70 for the process for 

seeking a waiver from a Treasury Mandatory source. 

(c) OMB-mandated government-wide contracts. All OMB-mandated governmentwide contracts are automatically Treasury Mandatory Sources upon OMB-designation 

unless determined not to be mandatory by the SPE. 

(d) Treasury Priority Sources. The Treasury Priority Sources policy framework is 

designed to help achieve the goal of using Federal contract spending to support small 

business, advance equity, and grow and diversify the industrial base supporting the 

Federal Government. 

(1) The term “New Entrant” is defined as vendor, as identified by its Unique 

Entity identifier, as having had no prior positive obligations with Treasury bureaus 

over the previous five fiscal years.

(2) If the government-wide and Treasury mandatory sources listed in subpart 

1008.002 (a) cannot meet the requirement, the following general order of prioritization 

for market research shall be followed: 

i. SDBs: without regard to contract tier.

ii. SDBs: federal contractors with prior awards with preference to the highest tier. 

iii. SBs: to federal contracting without preference to contract tier. 

iv. SBs: federal contractors with prior awards with preference to the highest tier. 

v. OTSBs: to federal contracting with preference to the highest tier. 

vi. OTSBs: federal contractors with prior awards with preference to the highest tier

1008.002-70 Requirements for Treasury Mandatory Sources Waiver.

(a) Except as listed in paragraph (b) of this section, an approved Treasury Mandatory 

Sources waiver is required whenever there is an applicable Treasury Mandatory Source for 

the requirement (see 1008.002(a)(s)), but the CO claims the source is not suitable for the 

requirement; this applies to both individual awards and Indefinite Delivery Vehicles (IDVs). 

A source is determined to be applicable to a requirement if it is within scope.

(b) This subsection does not apply to 

(1) Requirements satisfied via the mandatory sources listed in FAR 8.002 and 8.003;

(2) Acquisitions that will use the flexibilities prescribed by FAR 18;

(3) Requirements already accepted into the 8(a) Business Development program (see 

FAR 19.8);

(4) Exercise of options (see FAR 17.2and 1017.2); 

(5) Award of award terms (FAR 16.4 and subpart 1016.4); 
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(6) Order and Calls under IDVs (however, new base IDVs themselves are subject to 

the requirement). 

(7) Acquisitions at or below the micro-purchase threshold (see FAR 2.101).

(c) Timeframe for submission and approval. Requests for waivers from Treasury 

Mandatory Sources shall be submitted and approved prior to finalization of the acquisition 

plan, or, if an acquisition plan is not applicable, submitted before issuance of the solicitation.

(d) Types. Individual exceptions can be approved for one contract action. Class 

exceptions can be approved for more than one contract action. Class exceptions must clearly 

identify the scope of requirements and time period to be covered by the waiver. 

(e) Approval. Individual and class waivers from Treasury Mandatory Sources shall be 

approved by the Senior Procurement Executive.

1008.004 Use of other sources.

If the CO or purchase cardholder is unable to satisfy the requirement from the 

government-wide mandatory sources listed in FAR 8.002 and 8.003 or Treasury Mandatory 

Sources, the CO or purchase cardholder shall prioritize sources sought according to the 

general prioritization framework at 1008.002(b)(1). See 1008.002-70 for the process of 

seeking a waiver from a Treasury Mandatory Source. 

Subpart 1008.4—Federal Supply Schedules

1008.404 Use of Federal Supply Schedules.

(h)(3)(ii)(A) Treasury SF 1025, Determination & Findings for a Time-andMaterial/Labor-hour contract under FAR 8.4, shall be used for the completion of the D&F 

prescribed by FAR 8.404(h).

1008.405-1 Ordering procedures for supplies, and services not requiring a statement of 

work.

(f)(1) The steps provided in 1015.370-1 may be followed when using past performance as 

an evaluation factor for an acquisition meeting the criteria described therein. 

(9) In the instance of the use of a reverse auction, the CO should examine whether the 

lowest price, plus any applicable fee(s), results in a savings below the target price when 

deciding to follow through with an award. In addition, if only one response is received 

consider if an award is still in the best interest of the government. 

(g) Minimum documentation. 

(5)(A) Reverse Auction. For instances where a reverse auction was used, the 

documentation in the contract file shall clearly reflect that the CO made all acquisition 

decisions throughout the procurement process, and that the role of any acquisition support 

contractor personnel, including the third-party used to provide the reverse auction 

tool/service, was solely administrative and not decision-making.

(6) The results of market research in accordance with 1010.002(e);

1008.405-2 Ordering procedures for services requiring a statement of work.

(d) In the instance of the use of a reverse auction, the CO should examine whether the 

lowest price, plus any applicable fee(s), results in a savings below the target price when 

deciding to follow through with an award. In addition, if only one response is received 

consider if an award is still in the best interest of the government. 
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(1) The steps provided in 1015.370-1 may be followed when using past performance 

as an evaluation factor for an acquisition meeting the criteria described therein. 

(f) Minimum documentation.

(9) Reverse Auction. For instances where a reverse auction was used, the 

documentation in the contract file shall clearly reflect that the CO made all acquisition 

decisions throughout the procurement process, and that the role of any acquisition support 

contractor personnel, including the third-party used to provide the reverse auction 

tool/service, was solely administrative and not decision-making.

(10) The results of market research in accordance with 1010.002(e).

(11) The basis for the award decision.

1008.405-3 Blanket Purchase Agreements (BPAs).

(a)(2)(i) The steps provided in 1015.370-1 may be followed when using past 

performance as an evaluation factor for an acquisition meeting the criteria described therein. 

(a)(3)(ii) Determinations for awarding a single-award BPA exceeding $100 million 

(including any options) required under FAR 8.405-3(a)(3)(ii) shall be made by the SPE (see 

1001.7000(a)(2)).

(e) See Treasury OPE SharePoint for a sample FAR 8.4 BPA annual review 

memorandum.

1008.405-4 Price reductions.

Ordering activities shall request a price reduction at any time before placing an order, 

establishing a BPA, or in conjunction with the annual BPA review.

1008.405-5 Small business.

(a) A CO shall document within the contract file (e.g. SF 1010) the rationale for not 

utilizing the authority to conduct a small business set-aside as prescribed in FAR 8.405-5(a)

or provide small businesses consideration or preference as prescribed in FAR 8.405-5(c) and 

(d). 

1008.405-6 Limiting sources.

(a)(2)(i)(B)(2) OPE’s public webpage provides a link to the GPE for accessing these 

justifications.

(b)(3)(ii)(C) The CO shall submit requests to waive the posting requirement of FAR 

8.405-6(b)(3)(i) to the SPE in accordance with 1001.7000(a)(2).

(c) Treasury SF 1012, Limited-Source Justification, shall be used for the completion of 

the Limited-Sources Justification as prescribed by FAR 8.405-6.

Subpart 1008.8—Acquisition of Printing and Related Supplies

1008.802 Policy.

(b) In accordance with Treasury Directive 78-01, Printing and Publishing Management 

Program, the Printing and Graphics Division is the designated Department's liaison. Bureaus 

with publication programs have publication liaison officers authorized to coordinate with the 

Printing and Graphics Division.
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Subpart 1008.11—Leasing of Motor Vehicles

1008.1102 Presolicitation requirements.

(a)(3)(i) 31 U.S.C. Section 1343(b)(2) of generally requires that, in order to purchase or 

lease a passenger motor vehicle with appropriated funds, a Bureau’s appropriations shall

authorize that expenditure. Additionally, Treasury Appropriations Act language may require 

that the Department specifically approve the purchase of law enforcement vehicles. Pursuant 

to Treasury Directive 74-01, Motor Vehicle Fleet Management, Bureaus shall forward their 

requirements for law enforcement vehicles to the Office of Asset Management (OAM) in 

accordance with guidance issued by that office. The OAM will review the request for 

compliance with the requirements and transmit it to the ASM and CFO with a 

recommendation for approval or disapproval. Following approval of the request by the ASM

and CFO, the package will be returned to the Bureau, so that it may be submitted to GSA in 

accordance with 41 CFR 101-26.501.

(ii) Bureaus shall forward to the OAM all requests for waivers (e.g., direct 

purchase authority), including special-purpose type vehicles (e.g., bomb trucks, surveillance 

vans) for transmittal to GSA.

1008.1170 Reduction of fossil fuel usage.

BCPOs are required to—

(a) Obtain documentation of approval from OAM prior to issuance of all contract actions 

resulting in the lease of motor vehicles from commercial concerns, and prior to issuance of 

all lease extensions not included in the terms of initial contract actions; 

(b) Provide to OAM copies of all contract action resulting in leases of motor vehicles 

from commercial concerns, and lease extensions not included in the terms of initial contract 

actions; 

(c) Include documentation of OAM approval of the contract action in the contract file; 

and

(d) The Bureau requiring activity is responsible for providing documentation of OAM 

approval to the CO. Documentation from the requiring activity shall address-

(1) If the requisition is for the lease of a commercial vehicle that meets EPA 

standards, documentation of approval by OAM only is required; and

(2) If the requisition is for the lease of a commercial vehicle that does not meet EPA 

standards, documentation of approval by both OAM and the ASM is required.
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PART 1009—CONTRACTOR QUALIFICATIONS

Subpart 1009.1—Responsible Prospective Contractors

1009.104-5 Representation and certifications regarding responsibility matters.

(a)(2) See also subpart 1009.4.

(b)(2) See also subpart 1009.4.

1009.104-6 Federal Awardee Performance and Integrity Information System.

(c)(2) See also subpart 1009.4.

1009.105-1 Obtaining information.

(c)(6) The Do Not Pay Business Center located on the world wide web 

at: http://www.donotpay.treasury.gov allows agencies to check various databases before 

making payments or awards in order to identify ineligible recipients and prevent fraud or 

errors from being made. During the pre- and post-payment phases, information indicating 

non-eligibility of a contractor shall be forwarded to the CO for consideration of contract 

modification or termination as appropriate. Any information indicating fraud or lack of 

responsibility shall be forwarded to the cognizant IG authority and Suspension and 

Debarment Advisor for consideration. Documentation derived from the Do Not Pay 

Business Center supporting a determination of non-responsibility, contract modification or 

termination shall be included in the contract file. 

1009.108-4 Waiver.

(c) The SPE may issue the waiver in FAR 9.108-4. The CO shall submit requests for 

waiver in accordance with 1001.7000(a)(1).

Subpart 1009.2—Qualifications Requirements

1009.202 Policy.

(a)(1) The CO shall submit written justification for establishing vendor qualification 

requirements to the SPE for approval in accordance with 1001.7000(a)(2).

(b) A copy of the approved waiver, along with the advocate for competition’s review and 

comments shall be furnished to the SPE within five (5) days in accordance with

1001.7000(c).

(e) The HCA is authorized to approve procurements that do not need to be delayed in 

order to comply with FAR 9.202(a). A written justification shall be prepared by the 

responsible technical office and submitted to the CO for coordination and signature of the 

Bureau advocate for competition, and approval by the HCA.

1009.204 Responsibilities for establishment of a qualification requirement.

(a)(2) The BCPO has the authority to approve the determination described in FAR 

9.204(a)(2). At a minimum, the determination shall include the name of the firm for which 

the qualification tests will be performed, the amount of increased competition expected, and 

the duration and dollar value of anticipated future requirements for the qualified product. 

(c) The cognizant technical office shall provide the list of qualified manufacturers and 

suppliers to the CO.
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1009.204-70 Contractor publicity.

See DTAR 1009.204-70 Contractor publicity for Treasury’s requirements.

1009.206-1 General.

(b) The CO shall submit the determination that an emergency exists precluding the 

enforcement of a qualification requirement, which it established, to the HCA for review and 

approval. The CO shall notify the SPE within five (5) days in accordance with 1001.7000(c).

Subpart 1009.4—Debarment, Suspension, and Ineligibility

1009.402 Policy.

(e) Treasury Directive 12-12, Procurement and Non-Procurement Suspension and 

Debarment, establishes Treasury policies and procedures for this subpart.

1009.403 Definitions.

“Debarring official” is the SPE as designated in Treasury Directive 12-12, Procurement 

and Non-Procurement Suspension and Debarment.

“Suspending official” is the SPE as designated under Treasury Directive 12-12, 

Procurement and Non-Procurement Suspension and Debarment.

1009.404 System for Award Management Exclusions.

(c) The Suspending and Debarring Official is responsible for accomplishing the actions

prescribed by FAR 9.404(c).

1009.405 Effect of listing.

(a) The head of the agency at Treasury for this purpose is defined in Treasury Order 101-

30, Designation of "Head of Agency" for Procurement Matters, as the ASM/CFO. The CO

shall submit written justifications to support the determination in accordance with 

1001.7000(b). The CO shall include within the justification a description and discussion of 

the compelling reason(s) why the action should proceed despite the debarment, suspension or 

proposed debarment of the contract along with all supporting documentation. 

(e)(5) The CO shall consult SAM and document the contract file prior to contract 

extension, issuance of a major modification, or consent to subcontract.

1009.406-1 General.

(c) The SPE is authorized to make the determination prescribed by FAR 9.406-1(c)).

1009.406-3 Procedures.

(a)(1) Refer to Section 4 of Treasury Directive 12-12, Procurement and Non-Procurement 

Suspension and Debarment, for Treasury procedures for the prompt reporting, investigation, 

and referral to the debarring official of matters appropriate for that official’s consideration.

(b)(2)(i) The hearing will be conducted by the Debarring official.

(e) See 1009.406-1(c).
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1009.407-3 Procedures.

(a) Refer to Section 4 of Treasury Directive 12-12, Procurement and Non-Procurement 

Suspension and Debarment, for Treasury procedures for the prompt reporting, investigation, 

and referral to the suspending official of matters appropriate for that official’s consideration.

(b)(2)(i) The hearing will be conducted by the Suspending official.

Subpart 1009.5—Organizational and Consultant Conflicts of Interest

1009.500 Scope of subpart.

A CO may consult the resources available on the Acquisition Gateway and at Treasury 

OPE SharePoint in order to learn more about organizational conflicts of interests (OCI).

1009.503 Waiver.

A need for a waiver may be identified by a CO or by a written request submitted by an 

offeror as part of their response to a solicitation. If submitted by an offeror, the CO shall 

review all the relevant facts and consult legal counsel and other concerned parties to 

determine if a request for waiver is warranted. The SPE has been delegated the authority set 

forth in FAR 9.503. Requests for waiver shall be submitted to the SPE for approval in 

accordance with 1001.7000(a)(1).
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PART 1010—MARKET RESEARCH

1010.001 Policy.

(a) Treasury’s Market Research Guide is available at Treasury OPE SharePoint as well 

as additional resources on conducting market research.

(3)(i) See 1008.002. Determine whether there are a sufficient number of small 

business concerns to set-aside the acquisition or support the use of other types of approaches 

(e.g., evaluation preference and subcontracting) for purposes of using small businesses 

within the acquisition thereby aid Treasury in meeting and exceeding its small business 

goals.

(vi) See 1007.107-2

(vii) See 1007.107-3

(c)(1) The CO shall consult the Bureau SBS if contemplating an acquisition involving 

consolidation, bundling, or substantial bundling.

(e) To support and improve acquisition planning, market research and requirement 

development, Bureaus shall promote and utilize innovative market research techniques 

regarding communication with industry and outreach to the vendor community, specifically 

small businesses. Both Treasury’s Vendor Communication Plan and OFPP memorandums 

dated May 7, 2012, entitled, “Myth-Busting: Addressing Misconceptions and Further 

Improving Communication During the Acquisition Process” and February 2, 2011 entitled, 

“Myth-Busting: Addressing Misconceptions to Improve Communication with Industry 

during the Acquisition Process” provide useful information. 

1010.002 Procedures.

(b) When conducting market research, CO should consult the Bureau SBS for assistance 

on identification of possible small business concerns, best practices in relation to small 

business source selection procedures and evaluation criteria, subcontracting possibilities, and 

any other aspect of FAR 19 and Treasury’s small business program. 

(1) The Bureau SBS shall provide the CO recommendations on possible small 

business sources, including veteran-owned small business, service-disabled veteran-owned 

small business, HUBZone small business, small disadvantaged business, economically 

disadvantaged women-owned small business, and WOSB concerns. The Bureau SBS shall 

also provide additional recommendations as necessary (e.g., best practices in relation to small 

business source selection procedures and evaluation criteria, and other aspects of Treasury’s 

small business program).

(1)(viii) Viability of use of reverse auction (see 1007.102(a)(6)).

(2)(iv) Treasury personnel conducting market research shall use the Acquisition 

Gateway as the primary technique for conducting market research. The Acquisition Gateway

includes a list of BIC vehicles, which are Treasury Mandatory Sources as well as other tools 

that support market research. The Treasury OPE SharePoint includes a listing of other 

Treasury Mandatory Sources as well (see 1008.002 for priorities use of mandatory 

Government source).

(viii) See Treasury OPE SharePoint for a sample of a presolicitation conference 

presentation.

(ix) Reviewing prior acquisition history for the same or similar requirement.
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(A) GSA has developed a pricing paid tool that may be used to obtain 

visibility on prices paid by government agencies for commonly purchased supplies and 

services. This tool is accessible on Acquisition Gateway.

(x) Publishing requests for information, sources sought notices or draft 

solicitations or draft requirement documentation on the GPE, or appropriate public sites. 

See Treasury OPE SharePoint for sample requests for information and source sought 

notices.

(xi) Sponsoring or holding industry conferences or industry days, vendor forums, 

webinars, one-on-one meetings or other similar outreach opportunities with industry.

(A) Bureaus are encouraged to post such upcoming outreach opportunities on 

the vendor collaboration feature available on the GPE.

(xii) Performing site visits (e.g., government personnel visiting vendor facilities 

or vice versa). 

(e)(1) With exception to the use of the form prescribed in paragraph (e)(2)(i) of this 

section, documentation regarding the results of market research shall include, at a 

minimum—

(i) The participants involved in the market research effort; 

(ii) The techniques used to conduct the market research; 

(iii) The timeframes when the market research was conducted; 

(iv) The names of the potential sources identified, including their socioeconomic status;

(v) An analysis of the capabilities of the potential sources identified; and 

(vi) The conclusion based on this analysis (see FAR 10.002(b) and paragraph (b)

of this section).

(2) Forms. 

(i) Treasury SF 1010, Market Research Summary Report, shall be used by the 

CO, except for the instance listed in paragraph (e)(2)(i)(A) of this section, for documenting 

the results of market research for acquisitions exceeding the SAT and for acquisitions below 

the SAT that meet the conditions prescribed in 1004.7004(a)(1)(i) and (ii).

(A) The SF 1010 is not required for the following instance:

(1) Acquisitions made under an existing Treasury-wide or Bureau single 

award IDV or Agreement when market research was already conducted and documented as 

part of the initial award.

(ii) Treasury Optional Form (OF) 1053, Requiring Activity Market Research, 

may be used by the requiring activity (e.g., program office) for documenting the result of 

their market research efforts and be submitted with the procurement request. The 

information in this form can be used in completing the SF 1010, documenting the file 

concerning such efforts for acquisitions at or below the SAT as well as support the 

development of other documents (e.g. source selection plan and acquisition plan).

1010.002-70 Acquisition Gateway.

The Acquisition Gateway (Gateway) is a workspace created by GSA and available at 

https://hallways.cap.gsa.gov that provides the acquisition community an ability to connect 

with resources, tools and each other to achieve successful outcomes at each step of the 

acquisition lifecycle. The Gateway includes hallways reflecting the ten (10) common spend 

categories (e.g., IT and Professional Services). These hallways feature expert articles, 
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templates, market research tools, prices paid data, and more, all specific to the given spend 

category. In some instances, hallways have sub-hallways that provide more granularity for a 

specific subcategory of spend.

(a) The SPE has identified the Gateway as a best practice in terms of supporting the 

Treasury acquisition process (see 10.002(b)(2)(iv)). As a result, the DTAP includes 

references to the Gateway to direct individuals to useful resources and tools available on the 

Gateway. 

(b) Some of the tools available on the Gateway include, but not limited to—

(1) Solutions Finder. The Solution Finder enables one to identify contract vehicles 

that may meet the need as well as the ability to compare and contrast acquisition 

vehicles/solutions.

(2) IGCE tool. The IGCE tool can help build detailed cost estimates for service type 

acquisitions.

(3) eBuy Open. eBuy Open provides access to all electronic solicitations submitted 

through GSA’s eBuy from FY14 forward. This information can be used to build solicitations 

as one can see what others have done in the past for the same or similar requirement. 

(4) Document Library. Document Library provides access to sample documents used 

by agencies for purposes of meeting various FAR requirements. These samples can help with 

complying with FAR requirements where documentation is required. 

(5) Contract Awarded Labor Category (CALC) tool. The CALC contains awarded 

hourly rate prices on the eight GSA professional services schedules and returns comparable 

labor categories and prices based on search criteria and filters used. The CALC tool can help 

with market research and price analysis for labor categories. 
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PART 1011—DESCRIBING AGENCY NEEDS

1011.002 Policy.

(a)(1)(iii) Consider industry’s input into the acquisition strategy and the requirement 

itself as it may result in awareness of better solutions available in the marketplace then what 

was initially considered (see OFPP memorandums cited at 1010.001(e)) as well as support 

from other contracting decisions (e.g. expected level of competition and contract type). 

(a)(2) See FAR 37.6 and 1037.601-70 for requirements surrounding performance-based 

acquisitions.

(g) Acquisitions that procure IT that use Internet protocol (IP) can include the 

procurement of equipment (e.g., hosts, routers, electronic devices, and network protection

devices), software and services (e.g., services by an Internet Service Provider and a 

Managed Service Provider). Requiring activities are responsible for ensuring requirement 

documents (e.g., statement of work and performance work statements and, if applicable, 

source selection plan and technical evaluation factors) fully address IPv6 requirements. 

The CO shall work with the requiring activity to ensure the acquisition of equipment, 

software and services that use IP comply with all requirements. 

(1) Treasury acquisitions. The Treasury CIO has delegated authority, without power 

of further delegations, to the Bureau-CIO or equivalent for approval of the waiver 

prescribed by FAR 11.002(g) concerning Treasury requirements. Prior to making a 

determination to approve or deny a request for waiver, the Bureau-level CIO or equivalent 

shall consult the Treasury CIO and OPE. Copies of the correspondence and waiver shall be 

retained in the contract file and a copy will be sent to Treasury CIO and OPE. See FAR 

7.105(b)(5)(iii) for documenting the acquisition plan. If the request for waiver is denied,

then the requiring activity shall coordinate with the Bureau CIO or equivalent to develop an 

alternate strategy for meeting the requirement. If it is approved, the CO may proceed with 

processing the procurement request. A CO cannot proceed with an acquisition until a 

determination has been made by the Bureau-level CIO or equivalent on the request for 

waiver.

(i) Form. Treasury SF 1002, Request for Waiver of Internet Protocol Version 6 

(IPv6), shall be used by the requiring activity for purposes of seeking a waiver as prescribed 

by FAR 11.002(g) and described in paragraph (g)(1) of this section.

(ii) Checklist. The requiring activity and CO may use Treasury OF 1054, 

Requiring Activity IPv6 Compliance Review Checklist, for purposing of ensuring IPv6 

requirements are addressed within the requirements document. 

(ii) Sample requirement documents language. Based on direction provided by 

the requiring activity, the CO shall include substantially the same language within the 

requirement document in acquisitions using IPv6. 

Internet Protocol version 6 (IPv6) requirements. This contract involves the 

acquisition of IT that uses Internet Protocol (IP) technology (see NIST USGv6 

Program and NIST 500 281 for additional guidance on IPv6 requirements). The

Contractor agrees that: (1) any system hardware, software, firmware, networked 

component (voice, video or data) developed, procured, or acquired in support and/or 

performance of this contract shall comply with IPv6 standard and interoperate with 

both IPv6 and IPv4 systems and products; and (2) it has IPv6 technical support for 

development and implementation and fielded product management available. If the 
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Contractor plans to offer a deliverable that involves IT that is not initially compliant, 

the Contractor shall: (1) obtain the Contracting Officer’s approval before starting 

work on the deliverable; (2) provide a migration path and firm commitment to 

upgrade to IPv6 for all application and product features; and (3) have IPv6 technical 

support for development and implementation and fielded product management 

available.

Should the Contractor discover or is made aware of during the performance of this 

contract that a product or service developed, procured, or acquired in support and/or 

performance of this contract does not conform to the IPv6 standard, it must 

immediately notify the Contracting Officer’s Representative and Contracting Officer 

of such nonconformance and act in accordance with instructions of the Contracting 

Officer. The Contractor agrees to bring into compliance (e.g., upgrade, modification, 

replacement) the nonconforming product at no cost to the Government.

Subpart 1011.1—Selecting and Developing Requirements Documents

1011.103 Market acceptance.

(a) The HCA or designee no lower than the BCPO is authorized, under appropriate 

circumstances, to require offerors to demonstrate that the item(s) offered meets the market 

acceptance criteria in accordance with FAR 11.103(a). The CO shall include a copy of the 

authorization in the contract file.

(c)(6) Is properly labeled as “Market Acceptance Criteria” and clearly described within 

the solicitation along with the Government approach to evaluate whether or not the proposed 

item has achieved commercial market acceptance. 

Subpart 1011.2—Using and Maintaining Requirements Documents

1011.202 Maintenance of standardization documents.

(a) All recommendations for changes to standardization documents shall be submitted 

through the SPE in accordance with 1001.7000(a)(2).

Subpart 1011.5—Liquidated Damages

1011.501 Policy.

(d) The SPE may act as head of the agency to reduce or waive the amount of liquidated 

damages assessed under a contract, if the Commissioner, Financial Management Service, or 

designee approves (see Treasury Order 145-10, Remission or Waiver of Liquidated 

Damages).

Subpart 1011.6—Priorities and Allocations

1011.602 General.

For the purposes of the Defense Priorities and Allocations System (DPAS), Bureaus that 

meet the definition of a delegated agency as defined in FAR 11.601 shall establish internal 

procedures for placing rated orders. Information on DPAS is available at: 
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https://www.bis.doc.gov/index.php/other-areas/strategic-industries-and-economic-securitysies/defense-priorities-a-allocations-system-program-dpas.
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PART 1012—ACQUISITION OF COMMERCIAL PRODUCTS AND 

COMMERCIAL SERVICES

Subpart 1012.1—Acquisition of Commercial Products and Commercial Services

1012.102 Applicability.

(f)(1) The HCA, without power of delegation, has the authority to make a determination

that any acquisition for supplies or services to facilitate defense against or recovery from 

cyber, nuclear, biological, chemical or radiological attack can be treated as acquisition of 

commercial products or commercial services. The BCPO shall notify the SPE within twentyfour hours of the HCA’s determination in accordance with 1001.7000(c).

Subpart 1012.2—Special Requirements for the Acquisition of Commercial 

Products and Commercial Services

1012.202 Market research and description of agency need. 

(e) See 1011.002(g) for Treasury’s IPv6 policy.

1012.203 Procedures for solicitation, evaluation, and award.

(a) Reverse Auction. Any acquisition of reverse auction software and/or services shall

comply with competition requirements. To help ensure the intended benefits of reverse 

auctions are maximized, the CO should examine whether the lowest price, plus any 

applicable fee(s), actually results in a savings below the target price when deciding to follow 

through with an award. In addition, if only one response is received consider if an award is 

still in the best interest of the government. For purposes of documenting the award, the 

contract file shall clearly reflect that the CO made all acquisition decisions throughout the 

procurement process, and that the role of any acquisitions support contractor personnel, 

including the third-party used to provide the reverse auction tool/service, was solely 

administrative and not decision-making.

1012.207 Contract Type.

(b)(1)(ii)(A) Treasury SF 1024, Determination & Findings for Time-andMaterial/Labor-hour contracts – Commercial items (see FAR 12.207(b)), shall be used for 

the completion of the D&F prescribed by FAR 12.207(b)(ii)(A). The D&F shall be 

approved by the BCPO when the acquisition is estimated to exceed $1 million (but see 

paragraph (c)(3) of this section for indefinite-delivery contracts). Excluded from this 

requirement are emergency acquisitions (see FAR 18 and 1018).

(c)(3) The D&F prescribed by FAR 12.207(c)(3) shall be approved by the BCPO.

Subpart 1012.3—Solicitation Provisions and Contract Clauses for the 

Acquisition of Commercial Products and Commercial Services

1012.301 Solicitation provisions and contract clauses for the acquisition of commercial 

products and commercial services. 

(b)(4)(i) See 1025.1001(a)(2)(iii) for the approving authority to waive the examination of 

records clause.
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1012.301-70 Solicitation provisions and contract clauses for the acquisition of 

commercial products and commercial services. 

The contracting officer shall, when contemplating taking an action except as described in 

paragraph (a) below, insert the clause at 1052.212-4, Contract Terms and ConditionsCommercial Items Alternate II (Deviation 2016-00001), in solicitations and contracts where a 

commercial item contract is contemplated. 

(a) Exceptions. The contracting officer shall not include the above clause when 

contemplating an action against the following-

(1) GSA government-wide vehicles (e.g., Alliant, Networx, OASIS, and Federal Supply 

Schedule; 

(2) Existing Treasury contracts and agreements; and 

(3) Other Governmentwide acquisition contracts (GWAC) and multi-agency contracts 

(MAC) that include the same or similar clause or clauses. 

1012.302 Tailoring of provisions and clauses for the acquisition of commercial products 

and commercial services.

(b)(8) Commercial supplier agreements -unenforceable clauses. 

(c) An individual waiver shall be approved by the BCPO and a class waiver by the HCA. 

Waivers, whether individual or class, shall be reviewed by legal counsel. In addition, The 

Bureau advocate for competition shall review any waivers exceeding the SAT. 
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PART 1013—SIMPLIFIED ACQUISITION PROCEDURES

Subpart 1013.1—Procedures

1013.106 Soliciting competition, evaluation of quotations or offers, award, and 

documentation.

1013.106-1 Soliciting competition.

(b) Treasury SF 1009, FAR 13.106(b) sole source justification for acquisitions under the 

SAT, shall be used for the completion of the sole source justification prescribed by FAR 

13.106(b)(1).

Subpart 1013.2—Actions at or Below the Micro-Purchase Threshold

1013.201 General.

(a) See 1001.603-3 for details on delegation of micro-purchase authority.

(b) See 1001.672 as well as Treasury’s Charge Card Management Plan for Treasury’s 

policy and procedures governing the use of the Governmentwide commercial purchase card.

(e) The requirements in part 1008 apply to purchases at or below the micro-purchase 

threshold.

(g) (1) The HCA, without power of delegation, has the authority to make this 

determination. The BCPO shall notify the SPE within twenty-four hours of the HCA’s 

determination in accordance with 1001.7000(c).

1013.202 Unenforceability of unauthorized obligations in micro-purchases.

The clause at 1052.232-39, Unenforceability of Unauthorized Obligations is required to be 

used in lieu of FAR clause 52.232-39, Unenforceability of Unauthorized Obligations, for micropurchases. 

Subpart 1013.3—Simplified Acquisition Methods

1013.301 Governmentwide commercial purchase card.

(a) Treasury policies and procedures regarding selection, appointment and termination of 

COs and Purchase Cardholders are found in 1001.603 and 1001.672 respectively.

(b) Treasury policies and procedures governing the use of the Governmentwide 

commercial purchase card are defined in the Treasury Charge Card Management Plan. 

1013.303 Blanket purchase agreements (BPAs).

1013.303-6 Review procedures.

See Treasury OPE SharePoint for a sample FAR 13.3 BPA annual review memorandum.

1013.307 Forms.

The prescribed forms in FAR 13.307 shall be used unless an equivalent Bureau form/ 

automated format has been authorized for use by the SPE.
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Subpart 1013.5—Simplified Procedures for Certain Commercial Products and 

Commercial Services

1013.500 General.

(c)(1) The HCA, without power of delegation, has the authority to make this 

determination. The BCPO shall notify the SPE within twenty-four hours of the HCA’s 

determination in accordance with 1001.7000(c).

1013.501 Special documentation requirements.

(a)(1)(ii) Treasury SF 1013, Justification & Approval for FAR 13.5 Sole Source 

(including brand name) acquisitions, shall be used for the completion of the sole source 

(including brand name) justification prescribed by FAR 13.5. 

(a)(1)(iii) OPE’s public webpage provides a link to the GPE for accessing these 

justifications.
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PART 1014—SEALED BIDDING

Subpart 1014.1—Use of Sealed Bidding

1014.103-270 Limitations.

Solicitations requesting offers for a federal contract that will use funds made available 

by the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) or 

any other Act, unless otherwise stated therein, shall be adhere to the requirements of subpart 

1003.70.

Subpart 1014.2—Solicitation of Bids

1014.201-670 Solicitation provisions.

(a) If an EHS professional has determined there are EHS concerns, the CO shall insert all 

necessary provision(s) related to EHS concerns as required by the EHS professional. See 

subpart 1023.70.

Subpart 1014.4—Opening of Bids and Award of Contract

1014.404-1 Cancellation of invitations after opening.

HCAs, without power of redelegation, are authorized to make the written determinations 

at paragraphs (c), (e) and (f) of FAR 14.404-1.

1014.407-3 Other mistakes disclosed before award.

(e) HCAs, without power of redelegation, are authorized to make the written 

determinations at paragraphs (a), (b), (c) and (d) of FAR 14.407-3.
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PART 1015—CONTRACTING BY NEGOTIATION

Subpart 1015.1—Source Selection Processes and Techniques

1015.101-2 Lowest price technically acceptable source selection process.

Using lowest price technically acceptable (LPTA) as a source selection process, where 

appropriate, is just one method toward obtaining the best value to the Government. Other 

contracting decisions play a role as well and can support or detract from the expected gains 

from using LPTA (e.g., the anticipated level of competition and selection of the contract 

type).

(a) COs shall not use LPTA when acquiring noncommercial services or when standards 

of performance and quality are subjective or there is uncertainty on how to establish 

evaluation criteria to ensure proper evaluation of technical proposals under a LPTA schema. 

LPTA should only be used when the following criteria are met—

(1) The requirement is well defined in terms of clearly describing the minimum 

performance objectives, measures and/or standards required. An example is the

Government has a requirement to purchase a commercial-off-the-shelf item such as copy 

paper;

(2) The risk of unsuccessful contract performance is minimal; and

(3) The government would realize little or no value from higher quality/ 

performance. This can include consideration of there being little or no realization of 

obtaining additional innovation or future technological advantage by using a different source 

selection methodology.

(b)(1)(i) The evaluation criteria under this type of source selection process shall be 

specific to the requirements of each solicitation and shall clearly state what constitutes 

technical acceptability that offerors must meet to be determined acceptable under each 

evaluation technical factor. This is to ensure that proposed technical approaches can be 

evaluated with little or no subjectivity as to the desirability of one versus the other. LPTA 

evaluation criteria are typically more detailed than those under the tradeoff process method. 

Subpart 1015.2—Solicitation and Receipt of Proposals and Information

1015.203 Requests for proposals.

(b) See 1007.370 for information on the prohibition of the use of the funds appropriated 

or otherwise made available in the Consolidated and Further Continuing Appropriations 

Act, 2015 (Pub. L. 113-235) or any other Act, unless otherwise stated therein.

1015.204 Contract format.

(e) The CO shall submit requests to exempt a contract from the use of the uniform 

contract format to the BCPO for review and approval.

1015.205 Issuing solicitations.

(c) Any solicitation or comparable action (such as Request for Quotations) that an EHS 

professional has deemed to involve EHS concerns or risks shall be reviewed and approved by 

the Bureau EHS professional prior to issuance (see subpart 1023.70 for additional guidance).

(d) Solicitations requesting offers for a federal contract that will use funds made 

available by the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 
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113-235) or any other Act, unless otherwise stated therein, shall be adhere to the 

requirements of 1003.70.

1015.209 Solicitation provisions and contract clauses.

(b)(4) See 1025.1001(a)(2)(iii) for the approving authority to waive the examination of 

records clause.

Subpart 1015.3—Source Selection

1015.300 Scope of subpart

COs may use resources such as the Department of Defense acquisition materials available 

at https://www.dau.edu/tools/t/ACQuipedia as a means to gain ideas and a better 

understanding of the source selection process. Additional source selection resources are 

available at the Acquisition Gateway.

1015.303 Responsibilities.

(a) BCPOs are responsible for source selection. BCPOs are authorized to appoint 

individuals other than the CO as the source selection authority (SSA) for a particular 

acquisition or group of acquisitions. These individuals are typically senior officials within the 

Bureau.

1015.304 Evaluation factors and significant subfactors.

(c)(3)(ii) The CO shall coordinate with the Bureau SBS in developing the factor 

described by FAR 15.304(c)(3)(ii).

(4) The CO shall coordinate with the Bureau SBS in developing the factor described 

by FAR 15.304(c)(4).

1015.305 Proposal evaluation.

(a)(2)(ii) For purposes of conducting a past performance evaluation during a source 

selection, COs shall search the Contractor Performance Assessment Reporting System 

(CPARS) to identify and if found, review contractor past performance information. For 

acquisitions meeting the criteria described in 1015.370-1 the CO shall also follow the steps 

prescribed therein.

(a)(4) Cost information may be provided to members of the technical evaluation team, as 

determined on a case-by-case basis by the CO. The contract file shall document the CO’s 

rationale for making this determination.

(a)(6) Environmental, Health, and Safety (EHS) evaluation. If an EHS professional has 

determined during the acquisition planning stage or during the review of the requirement 

package that there are EHS concerns that must be addressed contractually, the source 

selection record shall include the EHS professional’s evaluation of offerors’ proposals (to 

include proposed subcontractors) in accordance with the acquisition plan, source selection 

plan, and requirements of the solicitation or Request for Quotations (see subpart 1023.70 for 

additional details).

1015.370 Making better use of performance information.
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This section implements the steps described in the OFPP memorandum dated July 14, 

2014 entitled, “Making Better Use of Contractor Performance Information” for broadening 

the sources of performance information for COs to make better informed award decisions. 

1015.370-1 Steps.

The FAR allows the Government to consider information from additional sources of 

information beyond CPARS including information found from conducting additional 

research and outreach, when evaluating a contractor’s performance history.

(a) The steps provided in paragraph (b) of this subsection (see Table 1015.370-1) are to 

be applied, at a minimum, to acquisitions (contracts or orders) for complex IT development, 

systems, or services exceeding $500,000, and the following acquisitions (contracts or 

orders) that present a significant risk—

(1) Cost reimbursement or time-and-material contracts and orders; 

(2) Awards that are complex in nature, such as large construction, architect-engineer, 

research and development, software development and implementation acquisitions, etc.; 

(3) Awards involving high dollar values or major acquisition systems, consistent with 

OMB Circular No. A-109, regardless of the contract type; 

(4) Actions overseas and for contingency operations, regardless of the contract type; 

and 

(5) Other contracts or orders as deemed to be high risk by the Bureau. 

(b) When an acquisition involves the use of these steps, the CO shall ensure it is 

appropriately discussed in the source selection plan and described in the solicitation (see 

FAR 15.305(a)(2)). 
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TABLE 1015.370-1—ADDITIONAL RESEARCH AND OUTREACH STEPS

Step Action

1. Request information on 

recent Federal contracts. 

Contact the CO, COR, or Program or Project Manager of the 

offeror’s two largest, most recently awarded Federal 

contracts or orders so the history of an offeror’s work can be 

reviewed. If this information is not readily available, request 

offerors to provide points of contact as part of their 

submission. 

2. Search for recent news 

about the company’s 

performance (as appropriate). 

Review articles and other publications for timely and 

relevant news about the company’s performance or business 

integrity. If warranted, search for pertinent company’s 

performance information in Government Accountability 

Office reports available at www.gao.gov, and cognizant IG 

authority reports. Also, if necessary, review the company’s 

past suspension and debarment record concerning incidents 

with other agencies and Treasury that are germane to the 

acquisition. 

3. Review reliable 

commercial sources of 

performance information (as 

appropriate). 

In addition to CPARS, use public and commercial databases, 

or related services, to gain a fuller understanding of an 

offeror’s performance. Some of these companies provide 

business reviews, past performance reports, consumer 

evaluations, management reports, and other information that 

might be helpful in assessing an offeror’s ability to perform 

the contract successfully. 

4. Ask for a wide variety of 

references 

Request offerors provide at least three to five references of 

recently completed contracts or orders (within the last three 

to five years) from Federal, State, local or foreign 

government, and by commercial firms, business partners, 

subcontractors, etc. of similar size, scope, and complexity. 

5. Ask for information about 

sub-contractors and contractor 

team arrangements 

Request that offerors provide past performance information 

on subcontractors and contractor team arrangements using 

the guidance above for sources of information.

Subpart 1015.4—Contract Pricing

1015.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. 2306a and 

41 U.S.C. chapter 35).

(c)(4) See Treasury OPE SharePoint for a sample FAR 15.403-1(c)(4) Waiver from 

submission of certified cost or pricing data.

1015.404-2 Data to support proposal analysis.

(c) Requests for audit services shall be initiated in accordance with Treasury Directive 

76-06, Request for Contract Audit Services.
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1015.407-4 Should-cost review.

(b)(3) The CO should consider requesting participation, if applicable, of the contract 

administration office.

(b)(4) The program should-cost review team report, prepared for and submitted to the 

CO, shall include, at a minimum—

(i) Results of the review, including proposed versus recommended hours, tasks, or 

issues. Discuss each cost element in terms of review method, finding, and proposed or 

recommended cost. Do not accumulate the dollar value of individual recommendations into 

a recommended total price. Indicate team members available to support negotiations;

(ii) Recommendations for improvement, including long- and short-term benefits, 

to be passed on to the contractor or the Government, including monitoring approach;

(iii) A list of lessons learned having value to later should-cost teams; 

(iv) Attachments, including letters recommending changes, implementing plans, 

pre-negotiation objectives, and price negotiation memorandum; and

(v) Any other information required by Bureau procedures.

Subpart 1015.5—Preaward, Award, and Postaward Notifications, Protests, and 

Mistakes 

1015.503 Notifications to unsuccessful offerors.

A CO may consult guidance on the notifications to unsuccessful offerors available at

Treasury OPE SharePoint.

1015.505 Preaward debriefing of offerors.

(a)(1) For purposes of conducting a preaward debriefing, a CO should consult Treasury’s 

guidance on the debriefing process available at 

https://home.treasury.gov/about/offices/management/procurement-executive/procurementpolicies-and-regulations.

1015.506 Postaward debriefing of offerors.

(a)(1) For purposes of conducting a postaward debriefing, a CO should consult 

Treasury’s guidance on the debriefing process available at Treasury OPE SharePoint.

Subpart 1015.6—Unsolicited Proposals

1015.606 Agency procedures.

(a) Bureaus shall establish procedures for the receipt, evaluation, and timely disposition 

of unsolicited proposals consistent with the requirements of FAR 15.6.

(b) Bureaus shall establish Bureau points of contact to coordinate the receipt and 

handling of unsolicited proposals.
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PART 1016—TYPES OF CONTRACTS

Subpart 1016.2—Fixed-Price Contracts

1016.203-4 Contract clauses.

(d)(2) The CO shall prepare any clause using adjustments based on cost indexes of labor 

or material and submit it to the BCPO for review and approval.

Subpart 1016.4—Incentive Contracts 

1016.401 General.

(d) The authority prescribed in FAR 16.401(d) cannot be delegated below the HCA. 

Bureaus shall establish a mechanism to track any such awards. 

1016.470 Award term incentives.

The use of this type of incentive contract is not suitable for every acquisition, but for 

certain acquisitions where both the Government and contractor benefit from the use of this 

type of incentive and the incentive successfully motivates the contractor to exceed 

Government’s expectations throughout the performance of the contract. Refer to Treasury 

OPE SharePoint for Treasury’s Award Term Incentive Guide and a sample award term plan 

for additional guidance and resources to support the use of this type of incentive.

1016.470-1 Definitions. 

As used in this section-

“Award term contract” is a non-monetary type of incentive contract that enables a 

contractor to become eligible for one or more award terms under a contract by achieving 

prescribed performance objectives and measures (e.g., acceptable quality levels (AQL)) 

which demonstrate contractor performance as having exceeded Government expectations 

during an established evaluation period. 

“Award term” is an additional period of performance defined in the contract that is 

available for possible award to a contractor based on the achievement of prescribed 

performance objectives and measures which demonstrated the contractor’s performance as 

having exceeded Government expectations during an established evaluation period.

1016.470-2 General. 

(a) Applicability. A CO may use an award term contract for performance-based 

acquisitions where—

(1) The quality and level of contractor performance is of high importance to the 

Government (i.e., specific mission needs or defined program risks such as cost, schedule and 

technical);

(2) There is a direct benefit to the Government from contractor performance that 

exceeds Government expectations throughout contract performance (see FAR 16.4). 

The benefit to the Government must offset the administrative costs associated with 

monitoring and assessing contractor performance, as well as performing other tasks 

associated with using this type of incentive; 
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(3) The Government can establish clearly defined performance objectives and 

measures for evaluating contractor performance that are used to support the Government’s 

determination to award or not to award or cancel an award term; and

(4) The Government expects a continuing and reoccurring need for the services over 

a long period of time.

(b) Limitations. 

(1) Award term contracts are only to be used for acquisitions of services that use 

performance-based acquisition methods (see FAR 37.6);

(2) An award term may not exceed twelve months; 

(3) Eligibility to be awarded an award term is contingent on—

(i) Contractor performance exceeding the Government’s expectations as defined 

in the award term plan. Meeting the terms of the contract (e.g., acceptable or satisfactory 

performance) is not a sufficient justification for award of an award term; 

(ii) The Government having a continued need for the service; 

(iii) Funds being available; 

(iv)The contractor being not listed in the System for Award Management (SAM) 

Exclusions (see FAR 9.405-1); and

(v) The award term being separately priced in the contract and was prior to award 

of the contract evaluated and considered by the Government during the source selection 

process.

(4) Award terms cannot be rolled over (i.e., the Government cannot provide an 

opportunity to make up award terms that were available to be awarded but were not).

(c) Award term plans shall include at a minimum—

(1) Defined performance objectives and measures that provide the Government 

sufficient detail to evaluate contractor performance during an evaluation period in order to 

support the award term determination (see 1016.470-3(b)(2)(ii)). 

(i) If the contract contains a quality assurance surveillance plan (QASP) (see FAR 

37.604) that includes some of the same types of performance objectives and measures used in 

the award term plan, the award term plan must clearly explain the different purpose for which 

the objectives and measurers are being used in this plan.

(ii) Performance objectives and measures may differ between evaluation periods 

to support differences between requirements or services to be performed by the contractor 

during contract performance (e.g., there are different requirements between transition period 

and base period).

(2) The frequency and process for how the Government will monitor and assess 

contractor performance against the defined performance objectives and measures that, 

together with the limitations set forth in paragraph (b)(3) of this subsection, will be used to 

determine whether an award term has been earned during the prescribed evaluation period. 

(3) Details surrounding the evaluation periods, evaluation schedules (e.g., 30 days 

after the end of the evaluation period), the total number of award terms available, and length 

of each of award term stated in months;

(4) A clear description of roles and responsibilities of the Government (e.g., who will 

be the award term determination official) and the contractor, if any. Divisions of 

responsibilities must mitigate the potential for conflicts of interest wherein the same 

Government official performs multiple roles; and
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(5) May include the opportunity for the contractor to provide the Government a 

self-assessment of its performance against the defined performance objectives and measures 

during a prescribed evaluation period.

1016.470-3 Use of award terms. 

(a) General. Award terms may be used in conjunction with options (see FAR 17.2) and 

can be structured to allow award terms to be earned during the base period of performance 

and each option period. 

(b) Pre-award. 

(1) Prior to use of this type of incentive the acquisition team shall—

(i) Conduct market research to—

(A) Demonstrate that the use of this type of incentive is suitable for the 

acquisition; 

(B) Identify performance objectives and measures that are relevant, pertinent 

and meaningful in successfully motivating a contractor to exceed the Government’s 

expectations throughout the period of performance of the contract; and

(C) Determine if there is a reasonable expectation that meaningful 

competition, pricing or performance will be obtained.

(ii) Ensure that the use of such an incentive directly supports mission needs or 

defined program risks (e.g., cost, schedule, and technical).

(2) If the determination is to use this type of incentive, then the CO shall—

(i) Document the rationale for use of this type of incentive within the acquisition 

plan (see FAR 7.105(b)(3)). 

(ii) Develop in coordination with the requiring activity performance objectives 

and measures that—

(A)Are clearly meaningful, measurable, outcome based and linked to mission

needs or defined program risks (e.g., cost, schedule, and technical); 

(B) Are relevant, pertinent and meaningful in successfully motivating a 

contractor to exceed the Government’s expectations throughout the period of performance of 

the contract; 

(C) Provide a clear distinction between the various levels of performance (e.g., 

unacceptable, acceptable, very good, and exceptional performance) that the Government will 

assess the contractor during an evaluation period; and 

(D)Demonstrate contractor performance that is above and beyond simply 

meeting contract requirements (e.g., acceptable and satisfactory) thereby support a 

contractor’s eligibility for award of an award term.

(iii) Structure award terms with consideration to the overall anticipated period of 

performance of the contract in a manner that provides adequate time for—

(A)Evaluating contractor performance (i.e., evaluation period); 

(B) The Government to have sufficient information upon which to adequately 

evaluate contractor performance according to the terms of the award term plan; 

(C) The Government to be able to make a determination based on its 

evaluation according to the terms of the award term plan in advance of the next period of 

performance; and

(D)As necessary, revise the award term plan. 

(iv) Develop an award term plan (see 1016.470-2(c) and 1016.470-5).
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(3) In addition to conducting market research, a CO may allow offerors to propose or 

comment on the performance objectives and measures that the Government is proposing to 

use for the award term incentive as part of the solicitation process.

(c) Post-award.

(1) The award of an award term is affected by a unilateral contract modification 

issued by the CO.

(2) Award terms may be unilaterally cancelled or not awarded by the Government 

prior to the start of an award term at no cost to the Government. The CO shall notify the 

contractor of the Government’s determination and include within the notification the reasons 

why the award term is being canceled or not awarded. See 1016.470-2(b)(3) for reasons why 

the Government may cancel or not award an award term. The Government’s decision to 

cancel or not award an award term may impact the contractor’s ability to earn any remaining 

award terms based on the terms of the contract as well as the Government’s ability to 

exercise options, if included in the contract (see paragraph (c)(4) of this subsection).

(3) The contractor has the unilateral right to decline the Government’s determination 

to award an award term. The contractor shall notify the CO of its decision to decline an 

award term within five days of receipt of the Government’s notification that the contractor is 

eligible to receive an award term. The contractor’s decision to decline an award term may 

impact its ability to earn any remaining award terms based on the terms of the contract.

(4) If award terms were used with options and either of the events described in 

paragraphs (c)(2) and (c)(3) of this subsection occur, a CO shall consider the Government’s 

next steps and the impact, if any, such events have on the Government’s ability to exercise 

any remaining options (see FAR 17.2) and the various periods of performances described in 

the contract. For example, the CO may need to modify the contract in order adjust both the 

contract period performance and period of performance for each remaining award term and 

option in order to reflect an award term not being exercised. Alternatively, the CO may 

determine the Government no longer has a need for the requirement therefore the contract 

can be allowed to expire. 

1016.470-4 Postaward responsibilities of the contracting officer. 

After a contract containing an award term incentive is awarded, the CO shall—

(a) Conduct a postaward orientation (see FAR 42.5 and subpart 1042.5) to ensure mutual 

understanding of the incentive. This also includes briefing the award term determination 

official (ATDO), any other rating officials as well as the contractor of their responsibilities as 

prescribed by the award term plan; 

(b) Administer the contract and ensure compliance with the terms of award term plan 

(see 1016.470-3(c)). This includes ensuring that documentation provided by the ATDO, and 

any other rating officials contain sufficient information to demonstrate whether the ratings 

and award term determination is warranted and in accordance with the terms of the award 

term plan;

(c) Maintain documentation related to the determinations made and other actions taken 

by the Government and pertinent correspondence regarding this incentive; 

(d) Take steps to communicate early and often with the contractor throughout contract 

performance to avoid potential negative impacts to the Government resulting from poor or 

declining performance by the contractor, or a contractor’s decision to decline an award term 

(see 1016.470-3(c)(3)) where the Government still has a need for the services; and
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(e) If applicable, revise the award term plan in advance of the next evaluation period to 

address changes in the Government’s requirement or performance objective and measures. 

(1) Revisions to an award term plan shall not apply to an evaluation period if the 

revision was executed within thirty (30) days of its start date. In such instance, the revised 

award term plan shall not take effect until the next evaluation period. 

(2) Revisions to an award term plan are not intended to make it easier for a contractor 

to earn award terms (e.g., making satisfactory performance equate to exceptional 

performance), but to reflect actual Government changes.

(3) Revisions to an award term plan shall clearly state on the cover page the effective 

date of the revision, the revision number and general summary of the change.

(4) The CO shall document the file explaining the rationale for the Government’s 

need to revise the award term plan.

1016.470-5 Contract language. 

(a) Insert language similar to what is provided in paragraph (b) of this subsection, 

formatted and revised according to its placement, in all solicitations and resulting contracts 

where an award term incentive is being used. This language can be placed within the award 

term plan or elsewhere within the contract. 

(b) Language. 

Award term incentive.

(a) Definition. As used in this contract;

“Award term” is an additional period of performance defined in the contract that is 

available for possible award to a contractor based on the achievement of prescribed 

performance objectives and measures which demonstrated the contractor’s performance as 

having exceeded Government expectations during an established evaluation period.

(b) General. This contract includes a non-monetary incentive in the form of an award 

term. This type of incentive enables the Government to extend the performance of the 

contract by exercising via a unilateral modification to the contact an award term. The 

Schedule provides the total number of award terms available, the length of each award term 

and a description of the services to be performed under the award term. 

(c) Award term plan. The contract incorporates an award term plan, which establishes 

how the Government will monitor and assess the Contractor’s performance during the 

performance of the contract and, together with paragraph (d) below, serves as the basis for 

the Government’s award term determinations. The award term plan may be revised only by a 

bilateral modification to the contract.

(d) Performance. Contractor performance will be monitored and assessed by the 

Government based on the defined performance objectives and measures that are described in 

the award term plan. These performance objectives and measures provide sufficient detail to 

demonstrate the performance to be achieved by the Contractor to become eligible for award 

term. To be eligible for an award term—

(1) The Contractor’s performance must demonstrate performance that is above 

and beyond Government expectations in terms of what is considered acceptable/satisfactory 

performance under the contract;

(2) The Contractor must not be listed in the System for Award Management 

(SAM) Exclusions;

(3) The Government must have funds available; 
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(4) The Government must have a need for the service; and

(5) The award term is separately priced in the contract and was prior to award of 

the contract evaluated and considered by the Government during the source selection 

process. 

(e) Government Rights. 

(1) The Government has the unilateral right not to award or to cancel an award term 

prior to its commencement when—

(i) The Contractor has failed to achieve the performance objectives and measures 

for the corresponding evaluation period; 

(ii) The Government does not have funds available for the award term; 

(iii)The Government no longer has a need for the service;

(iv)The Contractor is listed in the SAM Exclusions; or

(v) The Government discovers the award term was not prior to award of the 

contract evaluated and considered by the Government during the source selection process.

(2) The Contracting Officer will notify the Contractor of the Government’s 

determination not to award or cancel an award term. This notification shall be provided to 

the Contractor prior to the commencement of the award term and include the reason as well 

as whether or not any remaining award term for which the Contractor remains otherwise 

eligible are affected. 

(i) If an award term is canceled based on paragraph (e)(1)(iii) above then any 

remaining award terms are also canceled. 

(3) The Government’s determination not to award or to cancel an award term for any 

of the reasons set forth in paragraph (e)(1) above shall not be considered either a termination 

for convenience or termination for default and shall not entitle the Contractor to any 

termination settlement or any other compensation. 

(f) Contractor rights. 

(1) The Contractor has the unilateral right to decline prior to the commencement of 

the award term the Government’s decision to award an award term. The Contractor shall 

notify the Contracting Officer of its determination to decline an award term within five (5) 

days after receipt of the Government’s notification. The Contractor’s decision to decline an 

award term may impact its ability to earn any remaining award terms based on the terms of 

the contract.

(2) The Contractor may request a review of an award term determination which has 

resulted in the Contractor being ineligible for the award term due to failing to achieve the 

performance objectives and measures for the corresponding evaluation period. The request 

shall be submitted in writing to the Contracting Officer within five (5) days after receipt of 

the Government’s notification.

(g) Funds. Funds are not presently available for any award term. The Government's 

obligation under any award term is contingent upon the availability of funds from which 

payment can be made. No legal liability on the part of the Government for any award term 

payment may arise until funds are made available to the Contracting Officer for an award 

term and until the Contractor receives notice of such availability, to be confirmed in writing 

by the Contracting Officer.
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Subpart 1016.5—Indefinite-Delivery Contracts

1016.500 Scope of subpart.

(a) See Treasury OPE SharePoint for a sample order log.

1016.503 Requirements contracts.

(d) The SPE is authorized to designate another official as prescribed by FAR 16.501-2(d).

1016.504 Indefinite-quantity contracts.

(c)(1)(ii)(D)(1) Determinations for a task or delivery order contracts in amounts 

estimated to exceed $100 million (including all options) as required by FAR 

16.504(c)(1)(ii)(D)(1) shall be submitted to the SPE for approval in accordance with 

1001.7000(a)(2).

(2) The notification to Congress required by FAR 16.504(c)(1)(ii)(D)(2) shall 

be made by the SPE.

(c)(2)(i)(A) & (B) and (ii) The SPE is authorized to designate another official as 

prescribed by FAR 16.504(c)(2)(i) and (ii).

1016.505 Ordering.

(a)(4)(iii)(C) The Bureau and CO shall follow the requirements and procedures described 

in 1005.202(a)(1) when the conditions prescribed by FAR 16.505(a)(4)(iii)(C) apply.

(b)(2)(ii)(B) Treasury SF 1014, Justification for an Exception to Fair Opportunity, shall 

be used for the preparation of the justification as prescribed by FAR 16.505(b)(2).

(b)(2)(ii)(D)(2)(ii) OPE’s public webpage provides a link to the GPE for accessing these 

justifications.

(b)(6)(ii) For purposes of conducting a postaward debriefing (or providing a brief 

explanation of the basis for the award under FAR section 8.404), a CO should consult 

Treasury’s guidance on the debriefing process available at Treasury OPE SharePoint.

(b)(8) See DTAR 1016.505(b)(8) Ordering for Treasury’s requirements regarding 

additional Task-order and delivery-order ombudsman. A list of the individuals serving as 

Task-order and delivery-order ombudsman is available on OPE’s public webpage.

(i) The Bureau task-order and delivery-order ombudsman must—

(A) Be a senior official;

(B) Be independent of the CO; and

(C) Not assume any duties and responsibilities pertaining to the evaluation or 

selection of an awardee for the issuance of an order under a task or delivery order contract.

(ii) Bureau task-order and delivery-order ombudsman shall—

(A) Collect all facts from the cognizant organizations or individuals that are 

relevant to a complaint submitted to ensure the contractor submitting the compliant is 

afforded a fair opportunity to be considered, consistent with the procedures set forth in the 

contract;

(B) Maintain a log to track each complaint submitted from receipt through 

disposition;

(C) Ensure that no information is released which is determined to be 

proprietary or is designated as source selection information (the complainant’s own 

proprietary information may be discussed with the complainant); and
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(D) Seek the assistance of the agency task-order and delivery-order 

ombudsman as needed to address any compliant received.

(iii) If, upon review of all relevant information, the Bureau task-order and 

delivery-order ombudsman determines that corrective action should be taken they shall report 

the determination to the cognizant CO. 

(iv) If a complaint cannot be so resolved at the Bureau level it shall be referred to 

the Treasury task-order and delivery-order ombudsman.

(c)(2)(ii) & (3) The SPE is authorized to designate another official as prescribed by FAR 

16.505(c)(2)(ii) and (c)(3)

Subpart 1016.6—Time-and-Materials, Labor-Hour, and Letter Contracts

1016.601 Time-and-materials contracts.

(d)(1) Treasury SF 1023, Determination & Findings for a Time-and-Material/Labor-hour 

contract under FAR 16.6 - Non-Commercial items, shall be used to complete the D&F

prescribed by FAR 16.601(d).

(i) The D&F shall be approved by the BCPO when the acquisition is estimated to 

exceed $1 million. Excluded from this requirement are emergency acquisitions (see FAR 18

and part 1018).

1016.602 Labor-hour contracts.

The application and limitation for time-and-materials contracts prescribed by 1016.601 

also applies to labor-hour contracts.

1016.603-2 Application.

(c) The CO shall submit requests to extend the definitization schedule of a letter contract 

to the BCPO for review and approval.

1016.603-3 Limitations.

The designee shall be no lower than the BCPO.

Subpart 1016.7—Agreements

1016.701 Scope.

(b) See 1013.303 for BPAs and see Treasury OPE SharePoint for a sample order/call log.

1016.702 Basic agreements.

(b)(1)(ii) The contracting officer shall insert the applicable clause(s) as prescribed by 

1012.301-70, 1032.706-370 and 1032.706-70 based on the type of supplies and services being 

procured (i.e., commercial items or non-commercial). 

1016.703 Basic ordering agreements.

(c)(1)(v) The contracting officer shall insert the applicable clause(s) as prescribed by 

1012.301-70, 1032.706-370 and 1032.706-70 based on the type of supplies and services 

being procured (i.e., commercial items or non-commercial).
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PART 1017—SPECIAL CONTRACTING METHODS

Subpart 1017.1—Multi-Year Contracting

Subpart 1017.104—General.

(b) The HCA is delegated authority to modify requirements of a multi-year contract and 

FAR clause 52.217-2, Cancellation Under Multi-year Contracts.

1017.108 Congressional notification.

(a) and (b) The SPE is delegated authority to provide all Congressional notifications of 

proposed contracts and proposed cancellation ceilings for those contracts. Bureaus shall 

prepare the written notification of the proposed contract and proposed cancellation ceiling 

and forward through the HCA to the SPE in accordance with 1001.7000(c).

Subpart 1017.2—Options

1017.202 Use of options.

(a) COs shall not use unpriced options. COs may consult Treasury’s guidance available 

at Treasury OPE SharePoint

(b)(2) The reason is that indefinite quantity or requirements contracts typically provide 

for an ordering period that reflects the contract period of performance in lieu of options (see 

FAR 16.5).

(b)(3) An agreement would be more appropriate than a contract. This does not preclude 

the CO from including options within an agreement (see FAR 8.405-3(d)). However, such 

inclusion must sufficiently demonstrate that the use of such options outweighs the 

administrative costs of including such options (e.g., agreements already include an annual 

review requirement).

1017.203 Solicitations.

(b) See Treasury OPE SharePoint for sample language for purposes of evaluating the 

option period under FAR clause 52.217-8 when FAR provision 52.212-2 or 52.217-5 is 

included.

1017.204 Contracts.

(e) Prior to issuance of the solicitation, the BCPO shall obtain SPE approval in 

accordance with 1001.7000(a)(2) of any contract vehicle contemplating a performance 

period in excess of five years (i.e., base period and any options or award terms), to include 

contract vehicles for IT. SPE approval is not required for awards issued under FAR 41 or 

when the performance of period extends beyond five years based on the inclusion of FAR 

52.217-8 or FAR 52.237-3. SPE approval shall be obtained by the submission of a written 

memorandum from the BCPO that includes at a minimum—

(1) Description of the requirement;

(2) An explanation of how the longer performance period will result in obtaining 

the best value for Treasury over a lesser contract term with consideration to both past and 

projected levels of competition; 

(3) Discussion of any potential impact to socio-economic goals and current and

future market conditions that support this longer performance period; and 
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(4) A description of the controls that will be used during contract performance to 

ensure that the program/project needs are met. 

The submission shall also include a copy of the fully executed acquisition plan. The SPE 

will approve the use of a performance period in excess of five years, if the submission 

demonstrates that it represents the best means of satisfying the requirement. In this context, 

“contract vehicle” and “contract” are synonymous and include contracts, orders of all types, 

BPAs and all other contract vehicles used by Treasury to purchase goods and services.

1017.205 Documentation.

(a) Treasury SF 1008, Determination of inclusion and evaluation of options, shall be 

used to document the CO’s determination to include options as prescribed by FAR 17.2. 

1017.207 Exercise of options.

(a) For existing contract vehicles with a performance period in excess of five years the 

BCPO shall obtain SPE approval according to 1001.7000(a)(2) and as prescribed by 

paragraphs (a)(1) thru (a)(4) of this section. SPE approval is not required for the exercise of

options under awards issued under FAR 41 or options exercised under FAR 52.217-8 or 

FAR 52.237-3, nor is the period of any potential extensions under these FAR clauses to be 

considered in determining the performance period of the contract. Bureaus can seek an 

individual deviation to the requirement for SPE approval in accordance with 1001.403.

(1) For contracts issued prior to October 1, 2018, SPE approval shall be obtained 

prior to the exercise of the next option or award of the award term.

(2) For contracts issued on or after October 1, 2018, SPE approval shall be obtained 

twelve (12) months prior to the fifth year of the contract (e.g., exercise of the fourth twelvemonth option).

(3) SPE approval shall be obtained by the submission of a written memorandum 

from the BCPO that includes at a minimum: a description of the requirement; the original 

rationale for establishing a contract in excess of five years; and the rationale for exercising 

the option or award of the award term. The submission shall also include the fully executed 

determination required by FAR 17.207 or determination to award the award term, and a 

copy of the acquisition plan. The SPE will approve the exercise of the option or award of 

the award term if the submission demonstrates that it represents the best means of satisfying 

the requirement. In this context, “contract vehicle” and “contract” are synonymous and 

include contracts, orders of all types, BPAs and all other contract vehicles used by Treasury 

to purchase goods and services. 

(4) COs shall provide sufficient time well in advance of exercising the option or 

award of the award term in order to allow for processing of these requests as well as have a 

plan in place if SPE approval is not obtained. If insufficient time is available, the submission 

shall include the reason(s) and/or circumstance(s) for the lack of time.

(f) Treasury SF 1026, Determination to exercise an option, shall be used to make the 

written determination prescribed by FAR 17.207(f).

Subpart 1017.4—Leader Company Contracting

1017.402 Limitations.

(a)(4) The CO shall submit a D&F to the SPE for approval in accordance with 

1001.7000(a)(1).
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Subpart 1017.5—Interagency Acquisitions

1017.501-70 Procurement Support Services.

(a) Definitions.

"Procurement support services" includes all contracting-related efforts necessary for 

solicitation, negotiation, award, and administration of contract actions for supplies, 

equipment, and services required by Treasury organizations. These services are also referred 

to as "assisted acquisition."

(b) Procurement Support Services. Bureaus shall obtain all procurement support 

services from the contracting activity designated in 1001.601 unless otherwise exempted 

within this subpart or approved by the SPE as prescribed by paragraph (d) of this 

subsection. Exemptions may be provided on an individual or class basis.

(1) As of October 1, 2011, Bureaus receiving procurement support from a source 

other than the contracting activity designated in 1001.601 (to include contracting 

organizations external to Treasury) may continue to receive the services, without further 

approval, until expiration of the Intra- or Interagency Agreement securing the assisted 

acquisition current at that time. All Treasury-funded contract actions executed under 

applicable Intra- or Interagency Agreements may continue through expiration of full 

performance periods, including options, subject to contract terms and current agreements. 

New non-exempt agreements will be subject to approval requirements at 1017.502.

(2) Any Treasury-funded contract action executed and/or administered by a 

contracting activity other than the contracting activity designated in 1001.601, as of 

October 1, 2011, may continue through expiration of full performance periods, including 

options, subject to contract terms. Any follow-on non-exempt contract action shall be 

covered by a current Intra- or Inter- Agency Agreement and will be subject to the 

approval requirements at 1017.502.

(c) Exemptions. Treasury approval requirements specified in 1017.502 apply only to 

direct requests for procurement support services and do not apply to—

(1) Contract actions utilizing another agency's authority or responsibility (e.g., 

GSA support of public buildings, property and works; DOT Nationwide Transit Benefit 

Program);

(2) Contract actions executed as part of support provided to Treasury by another 

agency (e.g., contracting of nursing services by Department of Health and Human Services 

(HHS) executed to fulfill HHS commitment to provide medical-related support services to a 

Bureau);

(3) Orders of any magnitude issued by the contracting activity designated in 1001.601

against Federal Supply Schedules, Government-wide acquisition contracts, multi-agency 

contracts, and Treasury-wide contracts;

(4) Orders issued by the contracting activity designated in 1001.601 against contract 

vehicles mandated by 1008.002; and 

(5) Other actions approved by the SPE for exemption on an individual or class basis.

(d) Bureaus seeking to obtain procurement support services from an entity other than the 

contracting activity designated in 1001.601 shall—

(1) Put the request in writing;

(i) The request shall include at a minimum—

(A) The name of the contracting activity designated in 1001.601 who 
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currently provides procurement support services;

(B) The name of the proposed contracting activity;

(C) Description of the requirement;

(D) The rationale as to why the use of the proposed contracting activity is 

more advantageous than the designated contracting activity; and

(E) A copy of the acquisition plan and market research;

(2) Obtain concurrence from the BCPO of the contracting activity designated in 

1001.601 that currently provides procurement support services;

(3) If the request for exemption is approved by the BCPO of the contracting activity 

designated in 1001.601, the CO shall submit the request to the SPE in accordance with 

1001.7000(a)(2); and

(4) Place a copy of any SPE approved request for exemption in the contract file.

1017.502-1 General.

(a)(1) Assisted acquisitions. Bureaus shall obtain SPE approval (see 1001.7000(a)(2))

prior to requesting that an agency external to Treasury (e.g., Department of the Interior) 

provide non-exempted procurement support services on the Bureau's behalf. 

1017.502-2 The Economy Act.

(c)(2) The SPE shall approve (see 1001.7000(a)(2)) D&Fs for assisted acquisition where 

the servicing agency is not subject to the FAR (e.g., U.S. Mint). See also 1017.502-1(a)(1).

1017.503 Ordering procedures.

(a) The Department of the Treasury Interagency Agreement Guide standardizes 

Treasury-wide policies and procedures related to the preparation, processing, coordination, 

execution, administration, and close-out of Interagency Agreements. The guide applies to 

all Treasury personnel and is available at: http://www.treasury.gov/about/organizationalstructure/offices/Mgt/Pages/ProcurementPolicy-Regulations.aspx

Subpart 1017.70—Bridge Contracts

1017.7000 Scope of subpart.

This subpart prescribes policies and procedures concerning the use of bridge contracts in 

response to GAO-16-15 report entitled, “Sole Source Contracting: Defining and Tracking 

Bridge Contracts Would Help Agencies Manage Their Use” dated October 2015.

1017.7001 Purpose.

The purpose of this subpart is to ensure Bureau contracting activities maximize 

competition by establishing policies and procedures that provide visibility into and thereby 

drive the appropriate use of this type of non-competitive action. Bureau contracting activities 

and the OPE will be able to use the information and data obtained to manage usage and

identify and monitor the risks related to this type of non-competitive contract. This 

information and data may aid in identifying broader weaknesses within a Bureau or across 

Treasury acquisitions, such as delays in acquisition planning, workforce challenges, or failure 

to take advantage of more efficient or advantageous acquisition strategies (e.g., using open 

market sources when pre-existing vehicles are available).
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1017.7002 Definition. 

“Bridge contract,” as used in this subpart, means an extension to an existing contract 

beyond the period of performance (following exercise of all options meeting the 

requirements of FAR 17.207)), or a new, short-term contract awarded on a sole-source basis 

to an incumbent contractor to bridge the time until award of a new contract. 

1017.7003 Policy.

(a) Federal internal control standards state that agencies should identify, analyze, and 

monitor risks associated with achieving objectives and that information needs to be recorded 

and communicated to management to achieve agency objectives. One common procurement 

objective at agencies is to maximize competition. Extensive or inappropriate use of bridge 

contracts is inconsistent with that objective. However, without a definition for this type of 

non-competitive action and strategies for tracking and managing usage, the Government is 

not able to fully identify and monitor the risks related to bridge contracts, and therefore may 

be missing opportunities to increase competition. The FAR currently does not define or 

require tracking of bridge contracts nor are bridge contracts currently identified in FPDS or 

any other federal database. 

(b) The aforementioned GAO report found that use of bridge contracts may be associated 

with negative effects, such as higher contract prices due to a lack of competition and the 

inefficient use of staff and resources. The report also found that agencies which had taken 

steps to proactively address the use of bridge contracts through internal policy and 

monitoring saw a decrease in the use of bridge contracts. See additional GAO information at: 

General government: Bridge Contracts (2016-18) | U.S. GAO.

1017.7004 Applicability.

This subpart applies to contract actions, including task-orders, delivery-orders, and calls, 

with a total estimated value exceeding the SAT. 

1017.7005 Procedures.

(a) Each justification to support the use of a bridge contract shall contain sufficient facts 

and rationale to justify the need for a bridge contract (e.g., SFs 1012, 1013 and 1014). 

(b) Absent unusual circumstances, which must be documented within the justification, a 

bridge contract shall not exceed twelve months.

(1) Justifications supporting bridge contracts exceeding twelve months shall be 

approved by the next level above the approving authority prescribed in the FAR (e.g., a 

proposed bridge contract exceeding twelve (12) months and not exceeding $750,000 issued 

under the authority of FAR 6.3 must be approved by the approving official prescribed in 

FAR 6.304(a)(2)).

(c) For purpose of FPDS reporting, the “Description of Requirement” FPDS field shall 

include the term “Bridge contract.”

(d) Bureaus that have a tracking procedure for justifications shall revise their procedures 

to use the letter “B” for bridge contract.

Subpart 1017.71—Treasury’s Category Management Program

1017.7100 Scope of subpart. 

(a) This subpart describes Treasury’s implementation of category management.
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(b) The following are some of the important documents concerning category 

management. 

(1) The Presidents Management Agenda (PMA) issued in 2018. See Presidents 

Management Agenda for more information.

(2) OFPP memorandum dated December 4, 2015 entitled, “Transforming the 

Marketplace: Simplifying Federal Procurement to Improve Performance, Drive Innovation, 

and Increase Savings” and

(3) OMB memorandum M-17-22 entitled, “Comprehensive Plan for Reforming the 

Federal Government and Reducing the Federal Civilian Workforce.”

(4) OMB M-19-13 entitled, “Category Management: Making Smarter Use of 

Common Contract Solutions and Practices.” 

(5) M-22-03 entitled, Advancing Equity in Federal Procurement,” revised and 

updated M-19-13.

(c) Additional memorandum issued by OMB concerning category management is 

available at https://www.whitehouse.gov/omb/information-for-agencies.

1017.7101 Policy. 

(a) The Government’s adoption of category management principles requires agencies to 

take steps to improve the acquisition and management of the supplies and services it 

acquires. Category management includes a broad set of strategies to drive performance and 

higher quality, such as developing common standards in practices and contracts, driving 

greater transparency in acquisition performance, improving data analysis.

(b) It is Treasury’s policy to prioritize equity while leveraging buying power, reducing 

acquisition administrative costs, making the acquisition process more efficient, lowering 

barriers to entry for underserved communities, and developing long-term, mutually beneficial 

partnerships with providers of supplies and services from a diverse array of socio-economic 

designations while meeting its mission requirements. 

(c) OMB M-19-13, as revised by M-22-03, requires agencies to submit a category 

management agency plan that must address: 

(1) Plans to increase opportunities for small business and other statutory socioeconomic businesses recognized by the Small Business Act;

(2) Effective vendor management strategies to improve communications with 

contractors, especially those that support mission-critical functions;

(3) Demand management strategies to eliminate inefficient purchasing and 

consumption behaviors;

(4) Sharing of data across the Federal Government to differentiate quality and value 

of products and services in making buying decisions;

(5) Training and development of the workforce in category management principles 

and practices; and

(6) Effective October 1, 2021, OMB M-22-03 revised M-19-13 to provide agencies 

with (Tier 2) credit towards category management goals for all awards made to certified and 

self-certified socioeconomic small businesses. For purposes of this category management 

guidance, “socioeconomic small business” refers to 8(a)and other small disadvantaged 

businesses, women-owned small businesses, service-disabled veteran-owned small 

businesses, and small businesses in historically underutilized business zones. This credit will 

be tracked under a new Tier 2-socioeconomic small business (SB) designation.
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(d) Refer to the Acquisition Gateway and the Treasury OPE SharePoint site, Category 

Management page for additional information on category management.

1017.7102 Senior Accountable Official responsibility. 

The President’s Management Council (PMC) directed agencies to designate senior 

accountable officials (SAOs) to be responsible for optimizing use of the category 

management spend under management framework, consistent with small business and other 

statutory socio-economic responsibilities and the specific goal of increasing the participation 

of underserved communities. The Assistant Secretary for Management (ASM) has been 

designated the SAO responsible for this action. The ASM has delegated SAO 

responsibilities to the SPE.

1017.7103 Office of the Procurement Executive (OPE) responsibilities. To support the 

Governmentwide category management program and ensuring achievement of category 

management goals the OPE is responsible for—

(a) Supporting the SAO in optimal utilization of the category management spend under 

management framework, consistent with small business and other statutory socioeconomic 

responsibilities and the specific goal of increasing the participation of underserved 

communities;

(b) Coordinating with the OMB, the relevant Governmentwide category management 

representatives (CMX), and other interested parties on category management issues; 

(c) Evaluating agency acquisition policy to ensure alignment with the category 

management requirements; 

(d) Coordinating with stakeholders in the implementation of demand management 

strategies that help identify and eliminate inefficient purchasing, management, and 

consumption behaviors and adopt standardize business practices where they make sense; 

(e) Coordinating with Bureaus on developing vendor management strategies to improve 

communication with vendors, especially those that support mission critical functions, and/or 

have multiple relationships for similar requirements across the enterprise; and 

(f) Sharing information with the CMX and other federal agencies, including:

(1) Transactional data, including prices offered, prices paid and other non- price 

information such as terms and conditions, past performance and other factors for contracts 

and purchase card transactions.

(2) Best practices, including, but not limited to, model statements of work, advice for 

avoiding or mitigating common government and industry cost drivers, tips for removing 

barriers and burdens when acquiring commercial items, such as through the identification of 

customary commercial practices, and source selection strategies.

1017.7104 Bureau responsibilities. 

(a) To support the successful execution of category management across Treasury, HCAs 

in conjunction with BCPOs are responsible for—

(1) Annually establishing plans to:

(i) Optimize utilization of the category management spend under management 

framework, consistent with small business and other statutory socio-economic 

responsibilities and the specific goal of increasing the participation of underserved 

communities;
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(ii) Reduce duplicative contracts (i.e., reduction of the number of unique 

Procurement Instrument Identifiers) with the same vendor through more efficient or 

innovative acquisition tactics or strategies;

(2) Sharing transactional data and responding to data calls to support analysis and 

decision-making;

(3) Developing effective vendor management strategies to improve communications 

with contractors, especially those that support mission-critical functions;

(4) Implementing demand management strategies to eliminate inefficient purchasing 

and consumption behaviors; and

(5) Ensuring the Bureau’s acquisition workforce is trained in and understand category 

management principles and practices. This includes, but is not limited to ensuring acquisition 

personnel understand—

(i) The Governmentwide Category Management framework (i.e., Civilian and 

Department of Defense spend categories and subcategories);

(ii) Treasury’s Category Management Program;

(ii) Treasury’s Mandatory Source policy;

(iv)The importance of registering and using the Acquisition Gateway tools and 

resources as a primary method of market research (i.e., finding existing contracts to meet 

programmatic requirements);

(vi)The importance of proper selection of PSC and NAICS codes (see 1004.606-

71);

(vii)The importance of accurate FPDS contract data reporting (see FAR 4.6 and 

DTAP subpart 1004.6); and

(vii) Spend under management (SUM) tiered maturity model.

(b) BCPOs shall designate individual(s) within their organization to be their Bureau 

Category Management Representative, who will serve as: 

(1) OPE’s point of contact for category management issues, submission of the 

bureau’s category management plan, and tracking and updating Bureau progress against 

annual Bureau category management goals; and

(2) Bureau reviewing and approving official for SF 1010 submissions required when 

the estimated total contract value, including all options, options, is $10M or greater, and a 

tier 2 or tier 0 award (i.e.: non-socioeconomic SB or OTSB) is contemplated.

(c) For Bureaus where procurement support services are being performed by another 

Bureau (see 1001.601), the BCPO shall collaborate and work jointly with the respective 

Bureau on the actions listed in paragraph (a) of this section. 

(ii) Treasury’s Category Management Program;

(iii)Treasury’s Mandatory Source policy;

(iv)The importance of registering and using the Acquisition Gateway tools and 

resources as a primary method of market research (i.e., finding existing contracts to meet 

programmatic requirements); 

(v) The importance of proper selection of PSC and NAICS codes (see 1004.606-71); 

(vi)The importance of accurate FPDS contract data reporting (see FAR 4.6 and 

subpart 1004.6); and

(vii) Spend Under Management (SUM) Tiered Maturity Model.
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(b) BCPOs shall designate individual(s) within their organization to be their Bureau 

Category Management Representative. The Bureau Category Management Representative(s) 

will be the OPE’s Bureau point of contact for category management issues as well as be 

responsible for—

(1) Reviewing the SF 1010 and ensuring that comments provided by the reviewers 

and approvers are addressed by the CO (see 1017.7105);

(2) Tracking all SF 1003 submissions;

(3) Determining and considering the impacts to Bureau category management goals 

(e.g., Bureau SUM and BIC target) over each year of the contemplated performance period 

of the acquisition;

(4) Tracking and updating Bureau progress against annual Bureau category 

management goals. This includes updating Bureau progress based on any approved SF 

1010s; and

(5) Assisting the CO, as necessary, in completing and submitting the SF 1010.

(c) For Bureaus where procurement support services are being performed by another 

Bureau (see 1001.601), the BCPO shall collaborate and work jointly with the respective 

Bureau on the actions listed in paragraph (a) of this section.

1017.7105 SF 1010 review process.

(a) The SF 1010 as prescribed by 1008.002-70 is a mechanism for ensuring the best 

acquisition strategy is being chosen and a means to ensure any OMB-specific guidance is 

followed prior to the finalization of the acquisition strategy. This is critical as spend that is 

decentralized and unaligned to an organized agency or government level strategy poses the 

greatest risk of contract duplication, inefficiency, and uncertain achievement of socioeconomic goals and other requirements, as well negative impact to Treasury’s category 

management goals. The SF 1010 also ensures that, if an exception is approved, Bureaus have 

a plan in place to regularly evaluate pricing and performance and to compare results to 

available information on BICs and other government-wide vehicles. This ongoing analysis 

will inform a decision as to whether to transition to those vehicles has become appropriate. 

(b) BCPO and Bureau Category Management Representative review. The following are 

some of the factors that shall be considered as part of the review of the SF 1010—

(1) The requirement needs of the Treasury and the respective Bureau(s);

(2) Impact to Treasury’s and Bureau’s category management goals (e.g., SUM and 

BIC); 

(3) Impact to Treasury’s and Bureau’s small business goals;

(4) Viability of the proposed acquisition strategy;

(5) Availability and suitability of alternatives;

(6) Proposed ordering approach, estimated number of orders to be placed over the 

period of performance of the proposed vehicle; 

(7) Opportunities for consolidation or standardization of requirements; and

(8) Other restrictions (e.g., OMB specific guidance)
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PART 1018—EMERGENCY ACQUISITIONS

1018.000 Scope of part.

Reference OMBs, Emergency Acquisitions Guide for guidance.

1018.001 Definitions.

“Emergency acquisition flexibilities”, as used in this part, means flexibilities provided 

with respect to any acquisition of supplies or services by or for an executive agency that, as 

determined by the head of an executive agency, may be used—

(a) In support of a contingency operation as defined in 2.101; 

(b) To facilitate the defense against or recovery from cyber, nuclear, biological, chemical, 

or radiological attack against the United States; or 

(c) In support of a request from the Secretary of State or the Administrator of the United 

States Agency for International Development to facilitate the provision of international 

disaster assistance; or 

(d) When the President issues an emergency declaration, or a major disaster declaration. 

Subpart 1018.1—Available Acquisition Flexibilities

1018.108 Qualifications requirements.

See 1009.206-1 for Treasury’s policy on determining not to enforce qualification 

requirements when an emergency exists.

1018.109 Priorities and allocations.

See subpart 1011.6 for Treasury’s policy.

1018.118 Overtime approvals.

See 1022.103-4 for Treasury’s policy.

1018.125 Protest to GAO.

See 1033.104(b) and (c) for Treasury’s policy.

Subpart 1018.2—Emergency Acquisition Flexibilities

1018.201 Contingency operation.

(b) See 1002.101 and 1013.201(g)(1) for Treasury’s policy.

(c) See 1002.101 for Treasury’s policy.

(d) The HCA may establish higher dollar limitations as described in FAR 18.201(d).

(e) See 1013.500(c) for Treasury’s policy.

1018.204 Humanitarian or peacekeeping operation.

(b) See 1002.101 for Treasury’s policy.
Page 117 of 205

PART 1019—SMALL BUSINESS PROGRAMS

1019.000 Scope of part.

(a) COs may consult Treasury guidance for supporting small businesses available at 

Treasury OPE SharePoint site and the Office of Small and Disadvantaged Business 

Utilization (OSDBU).

Subpart 1019.2—Policies

1019.201 General policy.

(b) The Bureau SBS shall coordinate and negotiate well in advance their contracting 

activity’s small business target goals for the upcoming fiscal year. The Bureau SBS shall 

observe and monitor small business goal performance and achievement throughout the fiscal 

year. The Bureau SBS shall relay notification to OSDBU on how the Bureau will meet or 

exceed their small business target goals for each socio-economic goal reported in FPDS-NG.

(c)(3) Treasury Order 101-05, Reporting Relationships and Supervision of Officials, 

Offices and Bureaus, and Delegation of Certain Authority in the Department of the Treasury

prescribes the reporting relationship for the Director, OSDBU.

(8) The Director, OSDBU shall appoint, in writing, a Treasury Small Business Technical 

Advisor (SBTA) to serve as the liaison between Treasury and the SBA PCR. The Treasury 

SBTA is located in the OSDBU.

(10) The Bureau SBS acting on behalf of the OSDBU is authorized to also make small 

business set-aside recommendations as prescribed by FAR 19.201(c)(10). See subpart 

1004.70 for Treasury’s small business review requirements and part 1010.

(d) A Bureau SBS is appointed, in writing, by the Director, OSDBU for each contracting 

activity. The appointments will be either full-time or part-time SBS depending on the overall 

need by the contracting activity. 

1019.202 Specific policies.

(c) See subpart 1004.70 for Treasury’s small business review requirements.

1019.202-1 Encouraging small business participation in acquisitions.

(e)(1)(iii) The SBRS is the system to be used by the CO to provide the information 

requested by FAR 19.202-1(e)(2)(iii) (see subpart 1004.70).

(4) If the CO rejects the recommendation of the SBA PCR, the CO shall provide written 

notice to the Bureau SBS and OSDBU within five (5) working days of the CO’s receipt of 

the recommendation.

1019.202-70 The Treasury Mentor Protégé Program.

See DTAR 1019.202-70 The Treasury Mentor Protégé Program for Treasury’s

requirements.

1019.202-70-1 General.

(a) The Treasury Mentor- Protégé Program is designed to motivate and encourage firms 

to assist small businesses (SB), including 8(a) firms; veteran-owned small business (VOSB)

concerns, SDVOSB concerns, HUBZone small business concerns, SDB concerns, and 

WOSBs concerns. The Treasury Mentor- Protégé Program is also designed to improve the 
Page 118 of 205

performance of Department of the Treasury contracts and subcontracts, foster the 

establishment of long-term business relationships between these entities and Treasury prime 

contractors, and increase the overall number of these entities that receive Treasury contract 

and subcontract awards.

1019.202-70-2 Definitions.

(a) Mentor, as used herein, means a prime contractor who elects, on a particular contract, 

to promote and develop small business subcontractors by providing developmental assistance 

designed to enhance the business success of the protégé. Mentors shall be deemed eligible as 

a mentor as described in DTAR 1019.202-70.

(b) The OSDBU assists, counsels, and advises small businesses of all types (e.g., small 

businesses, small disadvantaged business, WOSB, veteran owned small businesses, servicedisabled veteran owned small businesses, and small businesses located in historically 

underutilized business zones) on procedures for contracting with Treasury.

(c) Protégé, as used herein, means a SB, SDVOSB, SDB, WOSB, or VOSB, HUBZone 

small business concern or an 8(a) firm that is the recipient of developmental assistance 

pursuant to a mentor- protégé arrangement on a particular contract. Protégés shall be deemed 

eligible as described in DTAR 1019.202-70.

1019.202-70-3 Measurement of program success.

The overall success of the Treasury Mentor-Protégé Program will be measured by—

(a) The increase in the number and dollar value of contracts awarded to protégé firms 

under Treasury contracts from the date the protégé enters the program;

(b) The increase in the number and dollar value of contracts and subcontracts awarded to 

the protégé under other Federal agencies and commercial contracts; and

(c) An increase in the quality of the technical capabilities of the protégé firm.

1019.202-70-4 Internal controls.

(a) The OSDBU will oversee the Treasury Mentor-Protégé Program and will work with 

the cognizant CO to achieve the program's objectives.

(b) Treasury may rescind an existing Mentor-Protégé agreement if it determines that such 

action is in Treasury's interest. Rescission shall be in writing and sent to the mentor and 

protégé after approval by the Director, OSDBU. Rescission of an agreement does not change 

the terms of the subcontract between the mentor and the protégé or the prime contractor's 

obligations under its contract with Treasury or its subcontracting plan.

Subpart 1019.3—Determination of Small Business Status for Small Business 

Programs

1019.301–2 Rerepresentation by a contractor that represented itself as a small business 

concern.

(e) The CO shall notify the Bureau SBS of the potential for a subcontracting plan to be 

required due to a change in the prime contractor’s size status (i.e., from small to other than 

small) as a result of a size rerepresentation. The Bureau SBS will assist the CO in making 

the determination if a subcontracting plan will be required. See 1019.705-570 for the 

procedures for contract actions involving subcontracting plans.
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1019.302 Protesting a small business representation or rerepresentation.

(a)(2) The CO shall promptly notify the Bureau SBS of any protest, appeal or final 

decision. The Bureau SBS shall promptly notify the OSDBU of any protest, appeal or final 

decision.

1019.305 Reviews and protest of status.

The CO shall promptly notify the Bureau SBS of any protest, appeal or final decision. 

The Bureau SBS shall promptly notify the OSDBU of any protest, appeal or final decision.

1019.306 Protesting a firm’s status as a HUBZone small business concern.

(b)(1) The CO shall promptly notify the Bureau SBS of any protest, appeal or final 

decision. The Bureau SBS shall promptly notify the OSDBU of any protest, appeal or final 

decision.

1019.307 Protesting a firm’s status as a service-disabled veteran-owned small business

concern.

(b)(1) The CO shall promptly notify the Bureau SBS of any protest, appeal or final 

decision. The Bureau SBS shall promptly notify the OSDBU of any protest, appeal or final 

decision.

1019.308 Protesting a firm’s status as an economically disadvantaged women-owned 

small business concern or women-owned small business concern eligible under the 

WOSB Program.

(b)(1) The CO shall promptly notify the Bureau SBS of any protest, appeal or final 

decision. The Bureau SBS shall promptly notify the OSDBU of any protest, appeal or final 

decision.

Subpart 1019.4—Cooperation with the Small Business Administration

1019.401 General.

(b) The Director, OSDBU is the Treasury liaison with the SBA.

1019.402 Small Business Administration procurement center representatives

(a)(2) COs can also contact their respective Bureau SBS or the OSDBU for information 

on who is the SBA PCR assigned to their Bureau. 

(c)(4) If the SBA PCR files an appeal, the CO shall promptly notify the Bureau SBS, who 

shall promptly notify the OSDBU.

Subpart 1019.5—Set-Asides for Small Business

1019.501 General.

(c) See subpart 1004.70 for Treasury’s requirements.

1019.502-8 Rejecting Small Business Administration recommendations.

(b) If the SBA files an appeal, the CO shall promptly notify the Bureau SBS, who shall 

promptly notify the OSDBU.
Page 120 of 205

(c) The CO shall promptly notify the Bureau SBS and OSDBU of recommendation 

decisions.

(e) The SPE is authorized to make the decision prescribed by FAR 19.502-8(e).

1019.502-9 Withdrawing or modifying small business set-asides.

(a) The Bureau SBS shall forward the written notice to the OSDBU.

(b) Withdrawal or modification of class set-asides shall be forwarded through the Bureau 

SBS for approval by the OSDBU.

Subpart 1019.6—Certificates of Competency and Determinations of 

Responsibility

1019.602-1 Referral.

(a)(1) The CO shall not make a competency determination without consulting SBA. COs 

shall coordinate with the Bureau SBS prior to making the determination and documenting 

that an apparent successful small business offeror lacks certain elements of responsibility as 

prescribed in FAR 19.602-1. The CO shall provide a copy of the referral letter and any 

supporting documents to the Bureau SBS and the OSDBU. The OSDBU shall submit the 

CO’s determination and documentation to the SBA for certificate of competency. 

1019.602-2 Issuing or denying a Certificate of Competency (COC).

(d) The CO shall ensure a copy of the SBA’s response is provided to the Bureau SBS and 

OSDBU.

1019.602-3 Resolving differences between the agency and the Small Business 

Administration.

(a)(1) The CO shall notify the Bureau SBS and Treasury SBTA of any differences 

between the Bureau and the SBA about a concern’s ability to perform. The CO shall suspend 

any action being referred to SBA until resolution is made. The Treasury SBTA shall 

facilitate resolution with the SBA Area Office. If agreement cannot be reached with the SBA 

Area Office, the SBTA shall refer the matter to SBA Headquarters for review and resolution. 

(3) If the CO decides to appeal issuance of a COC, the CO shall notify the Bureau SBS 

and OSDBU within ten (10) working days or a time period agreed upon by both agencies.

Subpart 1019.7—The Small Business Subcontracting Program

1019.702 Statutory requirements.

(a)(3) The CO shall notify the Bureau SBS when they determine that subcontracting 

possibilities exist as a result of a contract modification that meets the thresholds prescribed 

by FAR 19.702(a)(3). The Bureau SBS will assist the CO in establishing the subcontracting 

plan. See 1019.705-570 for the procedures for contract actions involving subcontracting 

plans.

1019.703 Eligibility requirements for participating in the program.

The CO shall notify the Bureau SBS of their intention to challenge a subcontractor’s size 

status representation or challenge a subcontractor’s small disadvantaged business 

representation as described in FAR 19.703. 
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1019.705–1 General.

(a) The CO shall coordinate with the Bureau SBS prior to making the determination to 

use any type of contractual incentive provision that rewards a contractor monetarily for 

exceeding goals in the subcontracting plan.

(b)(2) The CO shall coordinate with the Bureau SBS prior to establishing small business

subcontracting goals for an order.

1019.705-2 Determining the need for a subcontracting plan.

(b) The CO shall seek assistance from the Bureau SBS in making the determination 

whether or not a proposed contractual action requires a subcontracting plan. See 1019.705-

570 for the procedures for contract actions involving subcontracting plans. 

(d) COs shall consult with the Bureau SBS prior to incorporating subcontracting plans as 

an evaluation factor for award.

1019.705-3 Preparing the solicitation.

(a) If it is determined that the solicitation will contain a subcontracting plan, COs shall 

provide the Bureau SBS, the Treasury SBTA, and the SBA PCR (if requested) with a copy of 

the solicitation requiring submission of subcontracting plans to review and allow at least five 

(5) working days for the submission of any advisory findings prior to release of the 

solicitation. COs shall use the Treasury subcontracting plan form available at 

OPE/Policy/Forms in solicitations that require the submission of a subcontracting plan. 

(1) See guidance available at Treasury OPE SharePoint for sample language for 

solicitations that involve subcontracting plans.

(b) Submission of subcontracting plan reporting shall be included as a “not separately 

priced” (NSP) deliverable under the contract when a subcontracting plan is required.

1019.705-4 Reviewing the subcontracting plan.

The evaluation of the subcontracting plan shall be separate from the technical or cost 

evaluation (see FAR 19.705-4). For acquisitions involving commercial plans, the CO shall 

obtain a copy of the current Summary Subcontract Report for evaluation purposes. See FAR 

19.704(d) for commercial plan requirements.

(d)(7) If it is determined that the offeror’s goals are unacceptable, the CO may coordinate 

with the COR to obtain advice and recommendations. See 1019.705-570 for review 

procedures for solicitations involving subcontracting plans.

1019.705-5 Awards involving subcontracting plans.

(a)(3) See 1019.705-570 for the procedures on awards involving subcontracting plans.

(5) The Bureau SBS shall submit the proposed subcontracting plan to Treasury’s SBTA 

and SBA PCR for review and acceptance. The CO shall ensure that the acceptable 

subcontracting plan is incorporated into and made a material part of the contract.
Page 122 of 205

1019.705-570 Agency procedures for review and approval of awards involving 

subcontracting plans.

(a) General.

(1) The CO shall review subcontracting plans according to FAR 19.705-4. For new 

awards, the CO shall review all subcontracting plans submitted by all offerors. For such 

awards, only the apparent successful offeror’s subcontracting plan needs to be submitted to 

the Bureau SBS, SBA PCR and the OSDBU for review (see paragraphs (2) through (4) of 

this subsection). 

(i) The CO shall complete a subcontracting plan checklist available at Treasury 

OPE SharePoint when submitting subcontracting plans to the SBA PCR and the OSDBU for 

review and approval. 

(ii) Commercial plans.

(A)In review of a commercial plan, the CO shall determine if the goals 

established in the commercial plan are acceptable for Treasury’s procurement, if not, the CO 

may negotiate higher goals; however, the CO cannot negotiate lower goals.

(B) The SBA PCR and the OSDBU do not review commercial plans unless, 

one of the conditions in FAR 19.704(d) applies. If one of the conditions in FAR 19.704(d)

applies, then the CO shall follow the procedure provided in paragraphs (a)(3) through (a)(4) 

of this subsection for review and approval of the commercial plan. 

(2) The CO shall provide the Bureau SBS five (5) working days to review 

subcontracting plans. The Bureau SBS should provide recommendations to the CO, 

coordinate the submission of the subcontracting plan and other documentation to the SBA 

PCR and the OSDBU, and, if applicable, coordinate with the CO on the completion of the 

subcontracting plan checklist.

(3) The CO shall provide the SBA PCR five (5) working days to review and approve 

subcontracting plans. The SBA PCR may review subcontracting plans submitted by all 

offerors within the competitive range. The SBA PCR shall notify the Bureau SBS and the 

CO regarding any weaknesses or deficiencies identified during their review.

(i) For master plans and commercial plans, the CO shall include a copy of the 

lead agency CO's approval of the subcontracting plan within the submission for review and 

approval.

(4) The CO shall provide the OSDBU ten (10) working days to review and approve 

subcontracting plans. The OSDBU may review subcontracting plans submitted by all 

successful offerors within the competitive range.

1019.705-6 Postaward responsibilities of the contracting officer.

The CO can seek guidance from the Bureau SBS in performing FAR 19.705-6

responsibilities.

(f) For purposes of Treasury, eSRS registration is coordinated with the Treasury 

designated Agency Coordinator (AC), who is located in the OSDBU. The AC has full access 

to all eSRS records for Treasury and has the ability to change registration levels.

1019.705-7 Liquidated damages.

(d) The CO shall consult with legal counsel and the OSDBU and coordinate with the 

Treasury SBTA prior to making a determination that a contractor failed to make a good faith 

effort to carry out its subcontracting plan.

(e) The CO shall provide a copy of the final decision to the Bureau SBS and the OSDBU.
Page 123 of 205

1019.706 Responsibilities of the cognizant administrative contracting officer.

(e)(1) If the contractor fails to submit the required Individual Subcontract Reports/

Summary Subcontract Reports in eSRS within the prescribed time, the CO shall provide the 

contractor written notice of the consequences of their delinquency (see Treasury OPE 

SharePoint for a sample subcontracting plan delinquency letter).

(f)(1) For purpose of monitoring the contractor’s performance in meeting the goals in the 

subcontracting plan, the CO shall complete on a semi-annual basis the Subcontracting 

Performance Evaluation Report (SPER) available at Treasury OPE SharePoint. The CO shall 

submit the completed SPER to the Bureau SBS within ten (10) workings days after 

completion. A copy of the completed report shall be placed in the contract file.

(g)(1) For contract completion, the CO, with the assistance of the COR, should document 

and evaluate the contractor’s performance under the clause prescribed in FAR 19.708(b) and 

any subcontracting plan included in the contract, using the SPER and forward a copy to the 

Bureau SBS within ten (10) working days after completion. The Bureau SBS may provide 

advice or recommendations.

1019.706-70 Responsibilities of the contracting officer representative.

(a) The COR shall provide assistance to the CO-

(1) With monitoring and documenting contractor performance under the clause 

prescribed in FAR 19.708(b) and any subcontracting plan included in the contract; 

(2) In completing the SPER available at Treasury OPE SharePoint; and

(3) In providing advisory comments for the contractor required subcontracting plan 

reports, prior to executing modifications or exercising options.

Subpart 1019.8—Contracting with the Small Business Administration (The 8(A) 

Program)

1019.800 General.

(e) The current Treasury and SBA Partnership Agreement (PA) is available at 

https://www.sba.gov/contracting/contracting-officials/sba-agencies-partnership-agreements. 

The purpose of the PA is to streamline the contract execution process between SBA, the 

participating Federal Agency and the 8(a) participant. COs shall review the PA when 

performing actions under the 8(a) program.

1019.803 Selecting acquisitions for the 8(a) Program.

(a) Responses to SBA search letters shall be prepared by the Bureau SBS and coordinated 

with the CO.

(c) Letters to the SBA offering a requirement for the 8(a) program shall be coordinated 

with the Bureau SBS. See Treasury OPE SharePoint for sample 8(a) offering letters.

1019.803-70 Simplified Procedures for 8(a) acquisitions under MOUs.

(a) Once an 8(a) contractor has been identified, the CO shall establish the price with the 

selected 8(a) contractor and prepare and issue a purchase order or contract in accordance with 

the appropriate provisions. The applicable clauses in FAR 19.811-3 shall be included in the 

award document.
Page 124 of 205

(b) The CO shall issue the purchase order or contract directly to the 8(a) firm. The CO 

shall insert Class Deviation AB 21-03 for FAR clause 52.219-14, Limitations on 

Subcontracting, in all purchase orders and contracts awarded under this subsection.

(c) No later than the day that the award is provided to the 8(a) contractor, the CO shall

provide the cognizant SBA Business Opportunity Specialist the following documents:

(1) A copy of the award; and 

(2) A notice stating that the award is being processed under the MOU. The notice 

shall also indicate that the 8(a) contractor will be deemed eligible for award and 

automatically begin work unless, within two (2) working days after SBA's receipt of the 

award, the CO is notified that the 8(a) contractor is ineligible for award.

1019.810 SBA appeals.

The HCA is delegated the authority for the purposes of making the decision under FAR 

19.810.

(b)(2) The CO shall coordinate with the Bureau SBS prior to making a determination not 

to suspend the action per FAR 19.810(b)(2). The Bureau SBS shall notify the OSDBU and 

the HCA of the CO’s determination and include within the notification a copy of the CO’s 

determination.

1019.811-3 Contract clauses.

See DTAR 1019.811-3 Contract clauses for Treasury’s requirements.

1019.812 Contract administration.

(d) The CO shall coordinate with the Bureau SBS prior to requesting an SBA waiver. The 

HCA is delegated the authority for the purposes confirming or withdrawing the request for 

waiver under FAR 19.812(d).

1019.812-70 Information.

COs shall promptly notify the SBA and inform the Bureau SBS of 8(a) contractor 

performance problems.

1019.813 Protesting an 8(a) participant’s eligibility or size status.

(d) See 1019.302 for Treasury’s requirements.

1019.815 Release for non-8(a) procurement.

(b) The CO shall coordinate with the Bureau SBS prior to writing a request to release a 

requirement for a non-8(a) procurement (other than a mandatory source listed at FAR 8.002 

or 8.003) under FAR 19.815. The Bureau SBS shall notify the OSDBU of the Bureau’s 

intent to submit this type of request.

1019.816 Exiting the 8(a) program.

(b) The Bureau SBS shall notify the OSDBU of the HCA’s intent to make the 

determination under FAR 19.816(b).
Page 125 of 205

Subpart 1019.13—Historically Underutilized Business Zone (HUBZone) 

Program

1019.1305 HUBZone set-aside procedures.

(d) See 1019.402(c)(4).

(2) The CO shall notify the Bureau SBS if the HCA intends to make the 

determination under FAR 19.305(d)(2). The Bureau SBS shall notify the OSDBU of the 

HCA’s intent to make the determination under FAR 19.1305(d)(2).

(3) The HCA is delegated the authority for the purposes addressing FAR 

19.1305(d)(3).

Subpart 1019.14—Service-Disabled Veteran-Owned Small Business 

Procurement Program

1019.1405 Service-disabled veteran-owned small business set-aside procedures.

(d) See 1019.402(c)(4). The CO shall notify the Bureau SBS if the HCA intends to make 

the determination under FAR 19.1405(d). The Bureau SBS shall notify the OSDBU of the 

HCA’s intent to make the determination under FAR 19.1405(d). 

Subpart 1019.15—Women-Owned Small Business Program

1019.1503 Status. (CLASS DEVIATION) See AB 21-02 for details on Treasury’s class 

deviation to this FAR requirement. 

1019.1505 Set-aside procedures.

(g)(3) The CO shall notify the Bureau SBS if the HCA intends to make the determination 

under FAR 19.1505(g)(3). The Bureau SBS shall notify the OSDBU of the HCA’s intent to 

make the determination under FAR 19.1505(g)(3).

(5) The HCA is delegated the authority for the purposes addressing FAR 

19.1505(g)(4) and (5).

Subpart 1019.70—Contracting Opportunities in Federal Advertising (Executive 

Order 13170)

1019.7000 General.

(a) E.O. 13170, Increasing Opportunities and Access for Disadvantaged Businesses, 

dated October 6, 2000, requires agencies to ensure substantial participation in federal 

advertising contracts by small disadvantaged and minority owned businesses. 

(b) Required actions include consideration of use of minority-owned entities in the 

acquisition planning process, use of databases and other resources containing information on 

minority-owned entities, and coordination with Bureau SBSs to identify minority-owned 

entities for solicitation.

(c) Special attention shall be given to requirements for advertising placement in 

publications and television and radio stations that reach specific, ethnic and racial audiences. 

Each department and agency shall ensure that payment for federal advertising is 

commensurate with fair market rates in the relevant market, and shall structure advertising 
Page 126 of 205

contracts as commercial acquisitions consistent with FAR 12 processes and procedures to 

enhance participation by 8(a)s, SDBs, and Minority-Owned Business Entities.

(d) File documentation requirements apply to contracts awarded March 1, 2007, and 

thereafter. The specific procedures that constitute guidance on this subject are to be found in 

E.O. 13170.
Page 127 of 205

PART 1020—[RESERVED]

There is no DTAP text implementing or supplementing FAR 20.
Page 128 of 205

PART 1021—[RESERVED]

There is no DTAP text implementing or supplementing FAR 21.
Page 129 of 205

PART 1022—APPLICATION OF LABOR LAWS TO GOVERNMENT 

ACQUISITIONS

Subpart 1022.1—Basic Labor Policies

1022.101-3 Reporting labor disputes.

The CO shall submit reports of any potential or actual labor disputes that may interfere 

with performing any contracts under its cognizance to the BCPO and legal counsel. Reports 

shall include at a minimum—

(a) The date the labor dispute began or is expected to begin;

(b) The urgency or critical nature of the affected contract, including; the quantity, degree 

of importance, and key delivery dates or performance dates and their relationship to the 

contract and, if applicable the overarching acquisition program;

(c) The contractor’s name and, if applicable subcontractors name, address, contact 

information, the address of the site(s) impacted or expected to be impacted;

(d) The name, address, and contact information of parties representing the affected 

employees, along with the approximate number of employees affected by the strike;

(e) If applicable, the names of and availability of alternative sources that can furnish the 

supplies or perform the services that are or will be impacted by this labor dispute;

(f) Identification of any critical items that should be removed from the work site or 

should continue to be processed there with the consent of the parties to the dispute; 

(g) The extent, if any, of participation by a Federal or state mediation agency; and

(h) Recommended action(s) to be taken by Treasury to reduce the impact.

The CO shall advise, as applicable, the cognizant parties when the labor dispute is resolved,

and the work has resumed under the contract.

1022.101-4 Removal of items from contractors' facilities affected by work stoppages.

(a) See 1022.101-470 for Treasury’s procedures.

1022.101-470 Agency procedures for removal of items from contractors' facilities 

affected by work stoppages.

(a) When a contractor is unable to deliver urgent or critical items because of a work 

stoppage at its facility(ies) and the CO has determined the removal of the items is in the 

interest of the Government, the CO, before proceeding with the removal any items from the 

contractor’s facility(ies), shall—

(1) Obtain guidance from legal counsel; 

(2) Notify the BCPO of the situation;

(3) Contact the Agency labor advisor to for guidance on how to proceed, specifically 

in determining the effect the movement of the items would have on the work stoppage. 

Normally removals are not to be made if they will adversely affect the work stoppage; and

(4) Based on the guidance of the Agency labor advisor and legal counsel along with 

BCPO approval proceed accordingly. The guidance shall include at a minimum:

(i) An attempt to arrange with the contractor and the union representative 

involved their approval of the shipment of the items; and

(ii) A determination of who will remove the items from the facility(ies) involved.

(5) If agreement by the contractor for removal of the needed items cannot be reached, 

refer the matter to the SPE. 
Page 130 of 205

1022.103-4 Approvals.

(a) The BCPO or authorized designee has the authority to act as the agency’s approving 

official for the approval of the use of overtime. Authorized designees shall be at least one 

level above the CO.

Subpart 1022.3—Contract Work Hours and Safety Standards Act

1022.302 Liquidated damages and overtime pay.

(c) The HCA is delegated authorities under FAR 22.302(c)(1) and (2).

(d) Bureaus may establish procedures for disposing of funds.

Subpart 1022.4—Labor Standards for Contracts Involving Construction

1022.404-6 Modifications of wage determinations. 

(b)(6) The CO is delegated the authority to request an extension as prescribed by FAR 

22.404-6(b)(6).

1022.406-2 Wages, fringe benefits, and overtime. 

(b)(2) The CO shall submit the information required by FAR 22.406-2(b)(2) to the 

Administrator, Wage and Hour Division, U.S. Department of Labor, Employment Standards 

Administration, Washington, DC 20210. The CO shall advise interested parties of DOL's

determination within ten (10) working days after receipt of the determination.

1022.406-8 Investigations.

(d)(1) The CO shall forward the report to the HCA in accordance with Bureau 

procedures.

1022.406-9 Withholding from or suspension of contract payments.

(c)(4) The CO shall follow Bureau procedures. 

1022.406-13 Semiannual enforcement reports.

The OPE is responsible for sending out the data call to BCPOs for the semiannual 

enforcement reports. BCPOs are responsible for ensuring that a response is provided within 

the timeframe requested. 

Subpart 1022.5—Use of Project Labor Agreements for Federal Construction 

Projects

1022.503 Policy.

(c)(6) Additional factors that may be deemed appropriate:

(i) The unique and compelling schedule requirements of a particular project (e.g.,

projects tied to a court-imposed deadline or a mission critical schedule)

(ii) Skilled labor shortages might be anticipated for project located in a remote 

location where a contractor may encounter difficulties in recruiting and retaining a skilled 

workforce for an extended period.
Page 131 of 205

(iii) Skilled labor shortages might be anticipated for projects where there may be 

competition within the contractor community for skilled labor arising from concurrent largescale construction contracts in the project vicinity.

Subpart 1022.6—Contracts For Materials, Supplies, Articles, and Equipment 

Exceeding $15,000

1022.604-2 Regulatory exemptions.

(b)(1) The CO shall submit requests for exemption from the Walsh-Healey Public 

Contracts Act, inclusive of the finding by the Bureau stating the reasons why the conduct of 

Government business will be seriously impaired unless the exemption is granted, to the SPE

(see 1001.7000(a)(1)). If the exemption request is approved, the SPE will be responsible for 

submitting it to the Secretary of Labor for approval and notifying the CO if the exemption 

request was approved or denied.

1022.608 Procedures. 

(a) Award. Copies of the poster may be downloaded or ordered through the Department 

of Labor – Wage and Hour Division (WHD) publication ordering system at 

http://www.dol.gov/whd/regs/compliance/posters/sca.htm. 

(b) Breach of stipulation. Unless otherwise specified by Bureau procedures, the CO shall 

submit written notice of any violations to the applicable DOL region.

Subpart 1022.8—Equal Employment Opportunity

1022.803 Responsibilities.

(d) The CO shall submit questions regarding the applicability of E.O. 11246, Equal 

Employment Opportunity and implementing regulations to the BCPO.

1022.804-2 Construction.

(b) BCPOs are responsible for maintaining and distributing required lists of covered 

geographical areas that are subject to affirmative action requirements. Information on the 

Office of Federal Contract Compliance Programs (OFCCP) is available at 

http://www.dol.gov/ofccp/.

1022.805 Procedures.

(b) Furnishing posters. The poster is available at: 

http://www1.eeoc.gov/employers/poster.cfm.

1022.807 Exemptions.

(a)(1) The CO shall submit requests for exemption from all or part of the requirement of 

E.O. 11246, Equal Employment Opportunity based on national security to the SPE for 

approval in accordance with 1001.7000(a)(1).

(c) The CO shall submit a request for an exemption under FAR 22.807(a)(2) and 

22.807(b)(5) to their legal counsel for review and then through the BCPO to the SPE for 

review and concurrence (see 1001.7000(a)(1)). If the SPE concurs with the request, the SPE

will forward the request onto the Deputy Assistance Secretary for approval.
Page 132 of 205

Subpart 1022.10—Service Contract Labor Standards

1022.1070 Price Adjustment tool.

(a) COs may use the Price Adjustment Calculation Tool (PACT) available at 

http://www.wdol.gov/pact/Index.aspx as an automated method of accurately calculating price 

adjustments under the following clauses—

(1) FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standard—

Price Adjustment (Multiple Year and Option Contracts);

(2) FAR 52.222-44, Fair Labor Standards Act and Service Contract Labor 

Standards—Price Adjustment; and

(3) FAR 52.222-32, Construction Wage Rate Requirements-Price Adjustment (Actual 

Method).

(b) PACT consists of a format for contractors to submit their price adjustment proposals 

and a Government component that calculates and helps the CO to analyze price adjustment 

proposals for accuracy, allowability and consistency. Additional information, including a 

user’s guide is available at http://www.wdol.gov/pact/intro.aspx. 

(c) PACT is suitable for Fixed price contracts (other than Indefinite Quantity unit-priced 

line items). Time-and-materials and labor-hour type contracts are not suitable for use with 

the existing PACT tools if they contain loaded labor rates or unit pricing.

Subpart 1022.13—Equal Opportunity for Veterans

1022.1305 Waivers.

(c)(1) The CO shall submit requests for waiver under FAR 22.1305(a) to the SPE for 

review and concurrence in accordance with 1001.7000(a)(1). If the SPE concurs with the 

request, the SPE will forward the request for purposes of submission to the Director of the 

Office of Federal Contract Program of the U.S. Department of Labor (Director of OFCCP) 

for approval.

(2) The CO shall submit requests for waiver under FAR 22.1305(b) in accordance with 

1001.7000(a)(1) respectively.

1022.1308 Complaint procedures.

Unless otherwise provided by Bureau procedures, the CO shall forward complaints about 

the administration of the Vietnam Era Veterans Readjustment Assistance Act of 1972, as 

amended, directly to the DOL’s Veterans’ Employment and Training Service. Information 

on this DOL service is available at http://www.dol.gov/vets/aboutvets/contacts/main.htm.

Subpart 1022.14—Employment of Workers with Disabilities

1022.1403 Waivers.

(c)(1) The CO shall submit request for waiver under FAR 22.1403(a) to the SPE for 

review and concurrence in accordance with 1001.7000(a)(1). If the SPE concurs with the 

request, they will forward the request for purposes of submission to the Director of the Office 

of Federal Contract Program of the U.S. Department of Labor (Director of OFCCP) for 

approval.

(2) The CO shall submit requests for waiver under FAR 22.1403(b) in accordance 

with 1001.7000(a)(1) respectively.
Page 133 of 205

1022.1406 Complaint procedures.

See 1022.1308.

Subpart 1022.15—Prohibition of Acquisition of Products Produced by Forced or 

Indentured Child Labor

1022.1503 Procedures for acquiring end products on the List of Products Requiring 

Contractor Certification as to Forced or Indentured Child Labor.

(e) COs shall refer the matter for investigation to the respective IG in accordance with 

Bureau procedures.

(f) The HCA, without power of delegation, is delegated the authority under FAR 

22.1503(f).

Subpart 1022.16—Notification of Employee Rights Under the National Labor 

Relations Act

1022.1604 Compliance evaluation and complaint investigations and sanctions for 

violations.

(d) BCPOs shall submit any written objections as described by FAR 22.1604(d) to the 

SPE in accordance with 1001.7000(a)(1). The SPE is authorized to approve any such written 

objections. If approved, the SPE will submit the written objections to the Secretary. 

Subpart 1022.17—Combating Trafficking in Persons

1022.1704 Violations and remedies.

(b)(1) See paragraph 4.3 of Treasury Directive 12-12, Procurement and Non-Procurement 

Suspension and Debarment.

(c)(2)(i) This authority is delegated to the SDO (see paragraph 3.b of Treasury Directive 

12-11, Authorities of the Senior Procurement Executive).

Subpart 1022.21—Establishing Paid Sick Leave for Federal Contractors.

1022.2109 Enforcement of Executive Order 13706 paid sick leave requirements.

(d)(4)(ii) See subpart 1009.4 for Treasury’s procedures.

Subpart 1022.70 Fair inclusion of minorities and women

1022.7000 Contract clause.

See DTAR 1022.7000 Contract Clause for Treasury’s Requirement.
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PART 1023—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, 

RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND 

DRUG-FREE WORKPLACE

Subpart 23.1—Sustainable Acquisition Policy

1023.104 Exceptions.

(a) BCPOs shall submit requests to apply FAR 23.1 to contracts performed outside of the 

United States to the SPE in accordance with 1001.7000(a)(1). The SPE is authorized to 

make the determination prescribed by FAR 23.104(a). 

1023.105 Exemption authority.

BCPO shall submit requests for exemptions described by FAR 23.105 to the SPE in 

accordance with 1001.7000(a)(1). The SPE is authorized to make the determinations 

prescribed by FAR 23.105(a) and to concur with the request prescribed by FAR 23.105(c). If 

the SPE concurs with the request prescribed by FAR 23.105(c) they will submit it to the 

Chair of the Council on Environmental Quality.

Subpart 1023.2-Energy and Water Efficiency and 

Renewable Energy

1023.204 Procurement exemptions.

The CO shall submit an exemption to FAR 23.204 to the designated Bureau EHS 

professional for review and approval. 

Subpart 1023.4—Use of Recovered Materials and Biobased Products

1023.404 Agency affirmative procurement programs.

(a) Treasury Affirmative Procurement Plan (APP) is available at Treasury OPE 

SharePoint. Bureaus may supplement this APP with appropriate policy and procedures 

outlining specific guidelines for implementing the Treasury APP in their activities. The 

scope and magnitude of the Bureau policy and procedures shall be commensurate with the 

needs the procurement activity to ensure compliance and promotion of these requirements.

1023.405 Procedures.

(b) Procurement exemptions. Prior to determining if an exemption applies (see FAR 

23.405(b)) the CO shall coordinate their determination and the written justification 

supporting the exemption with the designated Bureau EHS professional.

Subpart 1023.5—Drug-Free Workplace

1023.506 Suspension of payments, termination of contract, and debarment and 

suspension actions.

(c) See subpart 1009.4 for Treasury’s procedures.

(e) The CO shall submit waiver requests to the agency head for approval in accordance 

with 1001.7000(b).
Page 135 of 205

Subpart 1023.7—Contracting for Environmentally Preferable Products and 

Services

1023.703 Policy.

(a) BCPOs shall establish required programs to achieve the goals prescribed by FAR 

23.703. Refer to Treasury Directive 75-09, Environmental, Health, and Safety Management, 

Energy and Sustainability Program and associated Treasury Directive Publication 75-09.

(c) Environmental Management Training. E.O. 13693, Planning for Federal 

Sustainability in the Next Decade, dated March 19, 2015, require agencies to develop and 

provide environmental management training for all personnel whose actions are affected by 

the E.O. Bureau-developed training can also be used to meets the E.O. training requirement. 

(1) Contracting personnel, purchase cardholders, and CORs shall review the 

Treasury OEHS training presentation on purchasing green products and services, or 

complete other training with comparable content, as determined by the BCPOs, no later than 

December 31 of every two years. Training for purchase cardholders may be tailored to 

address the products that they are authorized to purchase. 

(2) BCPOs shall ensure all applicable personnel complete the required training and 

documentation supports their completion.

1023.704 Electronic products environmental assessment tool.

(a)(2) The authority to make the determination prescribed by FAR 23.704(a)(2) is 

delegated to the CO. The CO shall coordinate with and obtain concurrence, prior to making 

such a determination, from the designated Bureau EHS professional. 

Subpart 1023.9—Contractor Compliance with Environmental Management 

Systems

1023.903 Contract clause.

The HCA is delegated the authority to make the determination in FAR 23.903.

Subpart 1023.70—Participation of Environment, Health, and Safety Personnel 

in Treasury Procurements

1023.7000 Scope of Subpart.

This subpart prescribes policies and procedures for participation of EHS professionals in 

Treasury procurements.

1023.7001 Policy. 

(a) Treasury’s policy is to ensure that contractors and subcontractors take reasonable 

precautions to mitigate EHS risks (to include those associated with handling 

hazardous/explosive materials) and to advance sustainable acquisition in performance of 

Treasury contracts. 

(b) Treasury’s policy is to ensure participation by designated Bureau EHS professionals in 

Treasury procurements regardless of dollar value to ensure appropriate management of EHS

concerns.
Page 136 of 205

1023.7002 Procedures.

(a) General requirements. EHS professionals are to participate in all stages of the

procurement process (e.g., acquisition planning, solicitation development, evaluation, and

contract administration) in acquisitions that involve EHS concerns regardless of dollar value. 

In instances, where a CO has documented concurrence from a EHS professional that there are 

no EHS concerns associated with an acquisition they may proceed without further involvement 

from the EHS professional.

(1) An EHS professional is responsible for—

(i) Identifying EHS concerns;

(ii) Making recommendations;

(iii) Providing guidance on managing EHS concerns;

(iv) Providing any Bureau requirements regarding EHS concerns;

(v) Establishing, if applicable, EHS evaluation criteria and evaluation factors for 

use in source selection;

(vi) Establishing, if applicable, EHS deliverables to be submitted by the 

contractor; and

(vii) Establishing, if applicable, requirements for post-award EHS oversight to

manage EHS concerns.

(2) IRS EHS professionals are responsible for reviewing Departmental Office

procurements and Bureau EHS professionals are responsible for reviewing Bureau

procurements.

(3) Bureaus shall develop, with coordination and approval by their respective EHS

office, their own procedures for implementing this section, which may involve, but not be

limited to—

(i) Identifying the types of documents that shall be submitted for EHS

review (e.g., statement of work);

(ii) Establishing timeframes for review; and

(iii) Identifying the types of submittals offerors will be required to provide as

part of their response.

(b) Requirements for procurements exceeding the SAT.

(1) Review requirement. The CO shall request a review by the EHS professional.

(i) If the EHS professional determines that the procurement contains no EHS 

concerns then—

(A)The CO shall include a statement in the acquisition plan regarding the EHS 

professional’s determination (see 1007.105(b)(20)(viii)(A)) and

(B) The CO shall obtain written concurrence from an EHS professional. If 

concurrence is obtained then there is no need for further EHS involvement, unless there is 

a change in the procurement that could introduce EHS concerns.

(2) Solicitation requirements. Solicitations involving EHS concerns shall be 

reviewed and approved by an EHS professional prior to issuance.

(3) Evaluation requirements. For procurements involving EHS concerns, the EHS

professional shall evaluate, in accordance with the requirements of the source selection plan 

the relevant sections of an offer involving EHS concerns. The contract file shall include a
Page 137 of 205

record of the EHS professional’s evaluation and recommended actions, if any.

(c) Requirementsfor procurements above the micro-purchase threshold and up to the SAT. 

(1) The CO shall request a review by the EHS professional. If the EHS professional 

determines that there are no EHS concerns they will notify the CO of their determination and 

there would be no need for further involvement by the EHS professional.

(d) Requirements for procurements at or below the micro-purchase threshold. 

(1) In accordance with FAR 13.201(f), the procurement requirements in Subparts 

23.1, 23.2, 23.4, and 23.7 apply to purchases at or below the micro-purchase threshold, as 

they do to all procurements. Bureaus are responsible for establishing procedures to support 

this requirement. See Treasury’s Charge Card Management Plan, Treasury Directive 75-09, 

“Environmental, Health, and Safety Management, Energy and Sustainability Program” and 

associated Treasury Directive Publication 75-09.

(e) Attendance at events. The CO shall ensure EHS professionals are notified of and 

provided an opportunity to attend pre-proposal conferences, industry days, post-award kickoff meetings/ post-award orientations and any other similar events for all procurements that 

may involve EHS concerns. 

(f) Departmental Offices review. Upon request, Bureaus shall provide their procedures 

for implementing the requirements of this section to the Departmental Offices for review and 

approval. The Departmental Offices reserves the right to request evidence of compliance with 

this section from the Bureaus as well.

(g) Listing of EHS professionals. Bureau acquisition policy organizations shall maintain a 

list of EHS professionals so that COs are aware of who their respective EHS office(s) is/are 

for purposes of satisfying these requirements.

1023.7003 Solicitation and Contract Content for Procurements Involving Explosive 

Hazardous Materials.

(a) Purpose. Procurements involving explosive materials present particularly significant 

EHS risks. The requirements below apply to procurements relating to the purchase, storage, 

handling, and/or disposal of explosive hazardous materials.

(b) Contractor Selection. The CO shall work with the EHS professional to incorporate 

rigorous contractor selection provisions (such as those found in the Department of Defense 

Contractor Safety Manual for Ammunition and Explosives, Section C1.5, “Pre-Award Safety 

Survey”) into the solicitation prior to its issuance. The solicitation and resulting contract 

shall include language requiring a contractor to use similar selection provisions for any 

subcontract dealing with explosive hazardous materials. All provisions shall be provided by 

the EHS professional based on the specific hazards of the procurement. 

(c) Contractor Oversight Provisions. The CO shall work with the EHS professional to 

incorporate rigorous contractor oversight provisions (such as those provided in the 

Department of Defense Contractor Safety Manual for Ammunition and Explosives, Section 

C1.6 “Pre-Operational Safety Survey” and C1.7 “Post-Award Contractor Responsibilities” 

into the contract. All provisions shall be provided by the EHS professional based on the 

specific hazards of the procurement. 

(d) [Reserved pending the publication of National Fire Protection Association (NFPA) 

guidance recommended in Chemical Safety Board (CSB) recommendation 2011-06-I-HIR7]. 
Page 138 of 205

1023.7004 Solicitation provisions and contract clauses. (CLASS DEVIATION) See AB 

22-01 for details on Treasury’s class deviation to this FAR requirement.
Page 139 of 205

PART 1024—PROTECTION OF PRIVACY AND FREEDOM OF 

INFORMATION

Subpart 1024.1—Protection of Individual Privacy

1024.103 Procedures.

(a) Questions may be directed to the cognizant Privacy Office representative or IT 

Office representative concerning whether or not a contract will involve the design, 

development, or operation of a system of records on individuals to accomplish an agency 

function.

(1) The program office representative/ COR is responsible for ensuring that 

requirements that involve the design, development, or operation of a system of records on 

individuals to accomplish an agency function include within the requirement document 

(e.g., statement of work) all applicable requirements. This includes ensuring the 

requirement document specifically identifies the system of records on individuals and the 

design, development, or operation work to be performed. 

(b)(2) 31 CFR part 1 subpart C contains Treasury’s regulations implementing the 

Privacy Act of 1974. Treasury Directive 25-04, The Privacy Act of 1974, As Amended, also 

provides additional details surrounding Treasury’s implementation.

Treasury’s rules and regulations concerning systems of records is available at 

https://www.treasury.gov/privacy/Pages/default.aspx.

Subpart 1024.2—Freedom of Information Act

1024.203 Policy.

(a) Treasury’s implementation of the Freedom of Information Act (FOIA) is codified in 

regulations under 31 CFR part 1. See Treasury Directive 25-05, The Freedom of Information 

Act, for additional details on Treasury procedures regarding the FOIA.

(b) See FAR 15.207(b) on the safeguarding of proposals.

(c) Treasury may, at its discretion, publish contracts and agreements, including orders

issued against those vehicles when deemed to be in the interest of the Government. To 

afford contractors an opportunity to review and propose redactions for any information 

contained in the Treasury contact or agreement that may be subject to a FOIA exemption, 

COs shall insert the clause at 1052.224-70, Contract Publication, in solicitations and 

contracts, including solicitations and contracts using FAR 12 procedures for the acquisition 

of commercial items where publication of the contract or portions of the contract contained 

therein (e.g., prices) is anticipated.

Subpart 1024.3—Privacy Training.

1024.301 Privacy training.

(c) Treasury requires contractor and subcontractor employees to complete Treasury’s 

provided privacy training (see Treasury Directive 25-04, The Privacy Act of 1974, As 

Amended and TD P 25-04 Privacy Act Handbook). Training may be different based on the 

nature of access or responsibility a contractor or subcontractor employee may have. The CO 
Page 140 of 205

shall refer to 1024.302 for Treasury’s requirement concerning the use of FAR clause 

52.224–3, Privacy Training. 

1024.301-70 Program Office representative/ COR responsibilities.

The program office representative/ COR shall—

(a) Comply with 1024.7004(a) in terms of ensuring requirement documents include all 

applicable privacy requirements in the event any of the conditions in FAR 24.103(a) apply 

to the requirement. 

(b) Ensure contractors that are required to take privacy training are aware of the due 

dates for completion of the privacy training and the consequences for failing to complete the 

required privacy training in the timeframe required. 

(c) Comply with FAR 24.301(e) by—

(1) Monitoring contractor personnel, including subcontractor personnel, compliance 

with completing the required privacy training.

(2) Taking immediate action to bar or rescind access to such information or to the 

information systems that contain such information in instances where an individual does not 

complete the required privacy training within the timeframe required.

(3) Promptly notifying the CO when an individual fails to complete the required 

privacy training. The CO shall take action, as necessary, according to the terms and 

conditions of the contract.

(4) Maintain a list of contractors who complete/fail to complete privacy training and 

provide the list to Privacy, Transparency & Records at Privacy@Treasury.gov no later than 

June 21st of each calendar year.

1024.302 Contract clause.

COs shall use the clause with its Alternate I as prescribed by FAR 24.302(b).

Subpart 1024.70—Privacy Requirements.

1024.7000 Scope of Subpart. 

This subpart prescribes the acquisition policies and procedures surrounding Treasury’s 

privacy program. 

1024.7001 Policy. 

(a) The Senior Agency Official for Privacy (SAOP) has agency-wide responsibility and 

accountability for ensuring compliance with all applicable privacy requirements (e.g., laws, 

regulations and policies (e.g., OMB policy and Treasury requirements)) and managing privacy 

risks. This responsibility includes ensuring all applicable privacy requirements are 

incorporated into requirements that create, collect, use, process, store, maintain, disseminate, 

disclose, dispose, or otherwise handle personally identifiable information (PII) on behalf of 

Treasury or that operate or use an information system on behalf of Treasury. 

1024.7002 Definitions. As used in this subpart—

“Breach” means the loss of control, compromise, unauthorized disclosure, unauthorized 

acquisition, or any similar occurrence where a person other than an authorized user accesses 
Page 141 of 205

or potentially accesses PII or an authorized user accesses or potentially accesses PII for 

another than authorized purpose. See OMB Memorandum M-17-12.

“Information system” is defined in OMB Circular No. A-130.

“Personally identifiable information (PII)” is defined in FAR 24.1.

1024.7003 Authorities.

(a) Office of Management and Budget (OMB) Circular No. A-130, Managing 

Information as a Strategic Resource

(b) OMB Memorandum M-17-12, Preparing for and Responding to a Breach of 

Personally Identifiable Information.

(c) Treasury Directive 25-04, The Privacy Act of 1974, As Amended, 

(d) TD P 25-04 Privacy Act Handbook; and 

(e) Treasury’s Departmental Cybersecurity Incident Response plan.

1024.7004 Procedures. 

The program office representative/ COR shall—

(a) Include all applicable privacy requirements within each requirement document (e.g.,

SOW, PWS) that involves the creation, collection, use, processing, storage, maintenance, 

dissemination, disclosure, disposal, or other handling of PII by a contractor (including 

subcontractor) on behalf of Treasury or that involve a contractor (including subcontractor) 

operating or using an information system on behalf of Treasury or by a contractor of an 

agency or other organization on behalf of an agency. If assistance is needed the program 

office representative/ COR shall contact the cognizant Privacy Office.

(1) The following are minimum privacy requirements that shall be addressed within 

the requirements document, unless otherwise addressed within a Bureau contracting activity 

clause—

(i) Require the contractor to cooperate with and exchange information with 

Treasury officials, as determined necessary by Treasury, in order to effectively report and 

manage a suspected or confirmed breach.

(ii) Require contractors and subcontractors (at any tier) to properly encrypt PII in 

accordance with OMB Circular No. A-130 and other applicable policies and to comply with 

Treasury specific policies for protecting PII;

(iii) Require regular training for contractors and subcontractors (at any tier) on 

how to identify and report a breach (see FAR 24.3 and 1024.3 for Privacy Training 

requirements);

(iv) Require contractors and subcontractors (at any tier) to report a suspected or 

confirmed breach in any medium or form, including paper, oral, and electronic, as soon as 

possible and without unreasonable delay, consistent with Treasury’s incident management

policy, Bureau supplemental plan, and US-CERT notification guidelines;

(v) Require contractors and subcontractors (at any tier) to maintain capabilities to 

determine what Federal information was or could have been accessed and by whom, 

construct a timeline of user activity, determine methods and techniques used to access 

Federal information, and identify the initial attack vector;

(vi) Allow for an inspection, investigation, forensic analysis, and any other action 

necessary to ensure compliance with this OMB memorandum M-17-12, Treasury’s breach 
Page 142 of 205

response plan, Bureau supplemental plan, if applicable, and to assist with responding to a 

breach;

(vii)Identify roles and responsibilities, in accordance with OMB memorandum 

M-17-12 and the Treasury’s breach response plan; 

(viii) Explain that a report of a breach shall not, by itself, be interpreted as 

evidence that the contractor or its subcontractor (at any tier) failed to provide adequate 

safeguards for PII; and

(ix) Require as part of the expiration or termination of the contract compliance 

with Treasury’s requirements regarding the return and/ or disposal of PII obtained under the 

contract.

(b) COs shall assist the program office representative/COR in ensuring that all applicable 

terms and conditions related to privacy are included within the solicitation and resultant 

contract, specifically those described in paragraph (a)(1) of this section. 
Page 143 of 205

PART 1025—FOREIGN ACQUISITION

Subpart 1025.1—Buy American—Supplies

1025.000 General.

Resources to assist in the applicability of the Buy American Act and with the Made In 

America Office waiver process are available on the OPE Waivers resource site. 

1025.103 Exceptions.

(a) The SPE is authorized to make the determination prescribed by FAR 25.103(a). The 

BCPO shall obtain legal review and submit requests for this exception to the SPE for 

approval in accordance with 1001.7000(d).

(b)(1) For class nonavailability waivers below $250,000, for items not listed in FAR 

25.104, the CO shall submit the waiver for BCPO review and approval, prior to submitting a 

copy of the waiver to the MadeInAmerica.gov portal via SAM.gov. For class 

nonavailability waivers at or above $250,000, for items not listed in FAR 25.104, the BCPO 

shall review the waiver and submit for the SPE review and approval, in accordance with 

1001.7000(d), prior to submitting a copy of the waiver to the MadeInAmerca.gov via 

SAM.gov.

(b)(1)(iii)(C) The BCPO shall review the supporting documentation, make a 

determination and submit it to the SPE for review and approval in accordance with 

1001.7000(d). The SPE will submit the approved determination to the appropriate council 

identified in 1.201-1.

(b)(2) For individual nonavailability waivers below $250,000, the CO shall submit the 

waiver for BCPO review and approval, prior to submitting a copy of the waiver to the 

MadeInAmerica.gov portal via SAM.gov. For individual nonavailability waivers at or 

above $250,000, the BCPO shall review the waiver and submit for the SPE review and 

approval, in accordance with 1001.7000(d), prior to submitting a copy of the waiver to the 

MadeInAmerca.gov via SAM.gov.

1025.105 Determining reasonableness of cost.

(a)(1) The HCA is delegated this authority for determinations that are limited to the 

contracting activity and the specific acquisitions. If the determination applies to multiple 

acquisitions, the CO shall submit the determination to the SPE for review and approval in 

accordance with 1001.7000(a)(2). The SPE is delegated this authority for determinations that 

apply to all agency acquisitions. 

Subpart 1025.2—Buy American—Construction Materials

1025.202 Exceptions.

(a)(1) Impracticable or inconsistent with public interest. The BCPO shall submit 

requests for exemption to the SPE for approval in accordance with 1001.7000(d).
Page 144 of 205

1025.204 Evaluating offers of foreign construction material.

(b) The HCA is delegated the authority in FAR 25.204(b) to determine that the use of a 

factor higher than 6% is more appropriate for an acquisition.

1025.205 Postaward determinations.

(c) See 1025.202 when an exception based on impracticable or inconsistent with public 

interest will be used. The CO shall follow Bureau procedures when deciding adequate 

consideration will not be at least the differential established in FAR 25.202(a).

1025.206 Noncompliance.

(c)(4) See also subpart 1009.4.

Subpart 1025.7—Prohibited Sources

1025.701 Restrictions administered by the Department of the Treasury on acquisitions 

of supplies or services from prohibited sources.

(b)(1) BCPOs shall notify the SPE prior to acquiring supplies and services that are 

restricted in FAR 25.701(b).

1025.702-4 Waiver.

(b) Waivers shall be submitted to the SPE in accordance with subpart 1001.7000(a)(1).

Subpart 1025.10—Additional Foreign Acquisition Regulations

1025.1001 Waiver of right to examination of records.

(a)(2)(iii) The HCA, without redelegation, is authorized to execute the D&F prescribed 

by FAR 25.1001. The HCA, upon approval of the D&F, shall, if required by FAR 25.1001, 

forward the document to the Comptroller General for concurrence.
Page 145 of 205

PART 1026—OTHER SOCIOECONOMIC PROGRAMS

Subpart 1026.2—Major Disaster or Emergency Assistance Activities

1026.202-2 Evaluation preference. 

Bureaus may establish additional guidance regarding preferences given to local firms 

when contracting under FAR 26.2. 

1026.203 Transition of work.

(b) The authority to determine that transitioning work in the performance of response, 

relief, and reconstruction contracts or activities in effect on the date on which the President 

declares a major disaster or emergency to local firms is not feasible or practicable is 

delegated to the HCA.
Page 146 of 205

PART 1027—PATENTS, DATA, AND COPYRIGHTS

Subpart 1027.3—Patent Rights Under Government Contracts

1027.303 Contract Clauses.

(b)(3) The SPE is authorized to make the determination in FAR 27.303(b)(3) (see 

1001.7000(a)(1)).

(e)(1)(ii) The SPE is authorized to make the determination in FAR 27.303(e)(1)(ii) (see 

1001.7000(a)(1)).

(e)(4)(ii) The SPE is authorized to make the determination in FAR 27.303(b)(4)(ii) (see 

1001.7000(a)(1)).

1027.304-1 General.

(b) See Bureau procedures, if applicable, as well as 37 CFR 401.4 for administrative 

review procedures. 

(f) Revocation or modification of a contractor’s minimum rights. The BCPO is delegated 

agency head authority related to contractor appeals in accordance with applicable regulations 

in 37 CFR part 404 and Bureau procedures. 

(g) Exercise of march-in rights. The BCPO is delegated agency head authority for 

purposes of performing the actions described in 37 CFR 401.6. The BCPO should consult 

with legal counsel.

(h) Licenses and assignments under contracts with nonprofit organizations. Required 

approvals as prescribed by paragraph (i) of FAR clause 52.227-11 shall be made by the 

HCA, after consultation with legal counsel.

1027.304-4 Appeals.

(a) The CO is the designated official authorized to take the actions specified in FAR 

27.304-4(a).

(b) Appeals shall be submitted to the SPE in accordance with 1001.7000(a)(1). 

1027.306 Licensing background patent rights to third parties.

(a) The CO shall submit requests, inclusive of a draft justification, for inclusion of a

provision allowing the Government to require the licensing to third parties of inventions 

owned by the contractor that are not subject inventions as described by FAR 27.306(a) in 

accordance with 1001.7000(b).
Page 147 of 205

PART 1028—BONDS AND INSURANCE

Subpart 1028.1—Bonds and Other Financial Protections

1028.101-1 Policy on use.

(c) The CO shall submit class waivers to the SPE for approval in accordance with 

1001.7000(a)(2).

1028.106-6 Furnishing information.

(c) The CO is delegated this authority after consultation with legal counsel. The CO is the 

individual who will furnish to the requestor a certified copy of the payment bond and the 

contract for which it was given and determine the reasonable and appropriate costs the 

requestor must pay for the preparation of copies.

Subpart 1028.2—Sureties and Other Security for Bonds

1028.203 Acceptability of individual sureties.

(g) The CO shall refer evidence of possible criminal or fraudulent activities by an 

individual surety through the BCPO to the cognizant IG authority, or other investigatory 

organization, with a copy to the SPE. The cognizant OIG authority should provide a report 

of findings to the suspension and debarment official.

1028.203-7 Exclusion of individual sureties.

(a) The SDO is the designee mentioned in FAR 28.203-7. 

(d) Justifications for accepting bonds of individual sureties whose name appears on the 

SAM Exclusions shall be prepared by the CO and forwarded through the BCPO to the SDO

for approval.

1028.204 Alternatives in lieu of corporate or individual sureties.

(a) HCAs shall establish required safeguards to protect against the loss of any alternative 

securities received.

Subpart 1028.3—Insurance

1028.305 Overseas workers' compensation and war-hazard insurance. 

(d) The CO shall submit requests for waiver to the SPE for review and concurrence in 

accordance with 1001.7000(a)(1). If the SPE concurs with the request for waiver, the SPE 

will submit the request to the Secretary of Labor for approval.

1028.307-1 Group insurance plans.

(a) The CO shall request the contractor to submit to their attention the plan for approval. 

The CO shall submit the plan to legal counsel for review prior to approval. See DTAR 

1028.307-1, Group insurance plans for Treasury’s requirements.
Page 148 of 205

1028.307-2 Liability. 

(b)(2) HCAs may establish special circumstances and coverage limits, after consultation 

with legal counsel, when determined to be in the best interest of the Bureau.

(e) HCAs are responsible for establishing, in conjunction with legal counsel, appropriate 

and adequate vessel collision liability and protection and indemnity liability insurance 

coverage limits as determined to be in the best interest of the Bureau.

1028.310 Contract clause for work on a Government installation.

See DTAR 1028.310-70, Contract clause for Treasury’s requirement.

1028.311 Solicitation provision and contract clause on liability insurance under cost 

reimbursement contracts.

See DTAR 1028.311-2, Agency solicitation provisions and contract clauses for 

Treasury’s requirement.
Page 149 of 205

PART 1029—TAXES

Subpart 1029.3—State and Local Taxes

1029.303 Application of State and local taxes to Government contractors and 

subcontractors.

(a) The CO shall submit requests to designate a contractor or subcontractor as an agent of 

the Government for the purpose of claiming immunity from State or local sales or use taxes 

to the SPE for review and approval in accordance with 1001.7000(a)(1).
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PART 1030—COST ACCOUNTING STANDARDS ADMINISTRATION

Subpart 1030.2—CAS Program Requirements

1030.201-5 Waiver.

(a) The SPE is delegated the head of the agency authority under FAR 30.201-5.

(a)(1) The CO shall submit CAS applicability waiver requests for a particular contractor 

or subcontractor to the SPE for approval in accordance with 1001.7000(a)(1).

(d) The SPE is responsible for forwarding these types of waiver requests to the Cost 

Accounting Standards Board (CASB) for approval.

1030.202-2 Impracticality of submission.

The ASM/CFO is authorized to determine that it is impractical to secure the Disclosure 

Statement. The CO shall submit these requests in accordance with 1001.7000(b).

1030.202-8 Subcontractor Disclosure Statements.

(b) See 1030.202-2 for Treasury’s procedure.
Page 151 of 205

PART 1031—CONTRACT COST PRINCIPLES AND PROCEDURES

Subpart 1031.1—Applicability

1031.101 Objectives.

(a) The CO shall submit requests for individual deviation concerning cost principles to 

the BCPO for approval in accordance with Bureau procedures. Bureau shall submit an 

annual report to the SPE reflecting any approved individual deviations concerning cost 

principles. The CO shall submit requests for class deviation concerning cost principles to the 

SPE for review and concurrence (see 1001.7000(a)(2)). If the SPE concurs with class 

deviation request, the SPE will forward the request onto the Civilian Agency Acquisition 

Council for approval.

Subpart 1031.2—Contracts with Commercial Organizations

1031.205-6 Compensation for personal services. 

(g)(6) The HCA is delegated, without power of delegation, the authority to waive the cost 

allowability limitations as prescribed by FAR 31.205-6(g)(6).

(p)(4)(iii) The SPE is delegated the authority to establish one or more narrowly targeted 

exceptions per FAR 31.205-6(p)(4)(iii). COs shall submit recommendations to establish 

such exceptions in accordance with 1001.7000(a)(2). 
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PART 1032—CONTRACT FINANCING

1032.003 Simplified acquisition procedures financing.

Where appropriate, BCPOs may determine that contract financing for purchases of 

commercial items will be permitted for purchases made under FAR 13. The written 

determination must detail the rationale supporting the decision.

1032.006-2 Definition.

The SPE is Treasury's Remedy Coordination Official (RCO) and concurrent Suspension 

& Debarment Official.

1032.006-3 Responsibilities.

(a) The ASM/CFO will perform agency head responsibilities in FAR 32.006-4 and 

32.006-5.

(b) Reports regarding suspected fraud related to advance, partial, or progress payments

shall be made through the BCPO to the RCO, with a copy of the report sent to the SDA. The 

report shall include all available information supporting the suspicion.

Subpart 1032.1—Non-Commercial Item Purchase Financing

1032.102 Description of contract financing methods.

(e)(2) This type of progress payment is authorized if adequate safeguards are in place and 

approved at one level above the CO.

1032.113 Customary contract financing.

See DTAR 1032.113, Customary contract financing for Treasury’s requirement. 

1032.114 Unusual contract financing.

The CO shall submit any proposed use of unusual contract financing to the SPE in 

accordance with 1001.7000(a)(2).

Subpart 1032.2—Commercial Item Purchase Financing

1032.201 Statutory authority.

The BCPO without power of delegation may make the determination prescribed by FAR 

32.201. Bureau policies and procedures shall be established for any such determinations.

1032.202-1 Policy.

See DTAR 1032.202-1, Policy for Treasury’s requirement. 

1032.202-4 Security for Government financing.

(a)(2) The required determination regarding the adequacy of the contractor’s security and 

financial condition shall be in writing, reviewed by legal counsel, and retained in the contract 

file. It should be noted that an offeror’s financial condition may be sufficient to make the 

contractor responsible for award purposes but may not be adequate security for government 

financing.
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(i) In assessing the offeror’s financial condition, the CO may obtain, the following 

information to the extent required to establish the offeror’s financial capability and to 

determine the offeror’s financial condition as being adequate security for Government 

financing. Other information may also be obtained if required in a particular case:

(A) A current year interim balance sheet and income statement and balance 

sheets and income statements for the two preceding fiscal years. The statements should be 

prepared in accordance with generally accepted accounting principles and shall be audited 

and certified by an independent public accountant or an appropriate officer of the firm;

(B) A cash flow forecast for the remainder of the contract term showing the 

planned origin and use of cash within the firm or branch performing the contract;

(C) Information on financing arrangements disclosing the availability of cash 

to finance contract performance, the contractor’s exposure to financial crisis, and credit 

arrangements;

(D) A statement of the status of all State, Local, and Federal tax accounts, 

including any special mandatory contributions;

(E) A description and explanation of the financial effects of any leases, 

deferred purchase arrangements, patent or royalty arrangements, insurance, planned capital 

expenditures, pending claims, contingent liabilities, and other financial aspects of the 

business;

(F) Any other financial information deemed necessary; and/or

(G) A Dun and Bradstreet Report on the company.

1032.206 Solicitation provisions and contract clauses.

(g) The HCA is authorized to develop procedures under FAR 32.206.

Subpart 1032.4—Advance Payments for Non-Commercial Items

1032.402 General.

(e)(1) The authority to make the finding and determination required by FAR 

32.402(c)(1)(iii) and for approval of contract terms concerning advance payments, as 

provided by FAR 32.402(e)(1), is delegated to the SPE. The CO shall submit requests 

recommending approval or disapproval of advance payments to the SPE in accordance with 

1001.7000(a)(2). The request shall include the information required by FAR 32.409-1, or 

FAR 32.409-2, if recommending disapproval, and shall address the standards for advance 

payment in FAR 32.402(c)(2).

(2) The CO shall coordinate with the activity that provides contract financing support 

prior to submitting the request to recommend approval of advance payments.

1032.407 Interest.

(d) The SPE is delegated the authority to authorize advance payments without interest

under the contracts listed in FAR 32.407(d), if in Treasury’s interest. The CO shall submit 

requests in accordance with 1001.7000(a)(2).

1032.409 Contracting officer action.

See 1032-402(e)(1) for the designated authority. 
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Subpart 1032.5—Progress Payments Based On Costs

1032.502-2 Contract finance office clearance.

HCAs are responsible for establishing Bureau procedures.

Subpart 1032.6—Contract Debts

1032.602 Responsibilities.

COs shall consult Bureau procedures and the cognizant finance office concerning 

contract debt collection.

1032.607 Installment payments and deferment of collection.

(a) Bureaus are responsible for designating the office for the responsibility of approving 

or denying requests for installment payments or deferment of collections.

1032.608-1 Interest charges.

The CO shall consult Bureau procedures and the cognizant finance office concerning 

contract debt that may be exempt from interest charges.

1032.610 Compromising debts.

COs are not authorized to compromise debts.

Subpart 1032.7—Contract Funding

1032.703-3 Contracts crossing fiscal years.

(b) The CO is authorized to enter into a contract, exercise an option, or place an order 

under a contract as described in FAR 32.703-3(b).

1032.706-370 Clause for unenforceability of unauthorized obligations.

The CO shall insert the clause at 1032.232-39, Unenforceability of Unauthorized 

Obligations (Deviation 2016-00002) in all solicitations and contracts in lieu of FAR clause 

52.232-39, Unenforceability of Unauthorized Obligations. 

1032.706-70 CommercialSupplier Agreements-Unenforceable Clauses.

The CO shall insert the clause 1032.232-70, Commercial Supplier AgreementsUnenforceable Clauses (Deviation 2016-00003), in solicitations and contracts when not using 

FAR 12. 

1032.770 Incremental funding during a Continuing Resolution.

See DTAR 1032.770, Incremental funding during a Continuing Resolution for Treasury’s 

requirement, including clause prescription. 
Page 155 of 205

Subpart 1032.8—Assignment of Claims

1032.803 Policies.

(d) The CO shall submit the determination to include a no-setoff commitment to the SPE 

in accordance with 1001.7000(a)(1).

Subpart 1032.9—Prompt Payment

1032.903 Responsibilities.

The ASM/CFO has the primary management responsibility for the Department's 

implementation of FAR 32.9. 

1032.906 Making payments. 

(a) The CO is delegated authority to determine whether to make invoice payments earlier 

than seven (7) days prior to the due dates specified in the contract. The CO shall consult 

with the cognizant finance office prior to making this determination.

Subpart 1032.11—Electronic Funds Transfer

1032.1106 EFT mechanisms.

(a) The CO may make the authorization according to FAR 32.1106(a).

(b) The CO may make the authorization according to FAR 32.1106(b).

Subpart 1032.70—Electronic Submission and Processing of Payment Requests

1032.7000 Scope of Subpart.

See DTAR 1032.7000 Scope of subpart for Treasury’s requirement.

1032.7001 Definitions. 

See DTAR 1032.7001 Definitions for Treasury’s requirement. 

1032.7002 Policy.

See DTAR 1032.7002 Policy for Treasury’s requirement. 

1032.7003 Contract clause.

See DTAR 1032.7003 Contract clause for Treasury’s requirement. 
Page 156 of 205

PART 1033—PROTESTS, DISPUTES, AND APPEALS

Subpart 1033.1—Protests

1033.102 General.

(a)(1) Upon receipt of a protest against a solicitation or an award exceeding the SAT, the 

BCPO or designee (e.g., the CO) shall notify the SPE via e-mail within three (3) business 

days of receipt of the protest (see 1001.7000(c)) and shall provide—

(i) The date protest was received; 

(ii) A description of the action protested (e.g., solicitation or award number, brief 

description of requirement, and total value including base and all options);

(iii) Name of the protestor(s)

(iv) The forum (i.e., Agency, GAO or U.S. Court of Federal Claims); 

(v) A summary of the reason(s) for the protest; and

(vi) A description of next steps/actions to be taken by the Bureau.

(2) The CO shall notify the SPE within five (5) business days following the 

disposition and resolution of the protest.

(3) The BCPO shall maintain a log of all protests received and disposition of each. 

As a minimum, the protest log shall include—

(i) Date protest was received;

(ii) The forum (i.e., Agency, GAO or U.S. Court of Federal Claims);

(iii) Name of protester;

(iv) Action protested:

(A) Solicitation or award number;

(B) Brief description of requirement; and 

(C) Total value including base and all options;

(v) Major Acquisition designation (i.e., yes or no);

(vi) Brief summary of protest;

(vii) Date of final decision; and

(viii) Final decision.

(A) Upheld or denied / in full or in part; and

(B) Brief description of any action taken or to be taken in response to the 

protest and final decision.

(b) The HCA may make the determination.

1033.103 Protests to the agency.

(d)(3)(i) Upon receipt of an agency protest, the CO shall immediately notify the BCPO 

and legal counsel, providing the latter with a copy. If the solicitation or award under protest 

exceeds the SAT, the BCPO or designee shall comply with all requirements of 

1033.102(a)(1). 

(d)(4) An independent review is available only as an appeal of the CO’s decision on an 

agency protest. The BCPO or designee will conduct independent reviews. The designee shall

be at least one level above the CO. In cases where the BCPO is the CO/source selection 

authority, OPE may conduct the independent review. 

(f)(1) Without further power of delegation, the BCPO has the authority to approve the 

justification or determination prescribed by FAR 33.103(f)(1). The CO shall obtain legal 
Page 157 of 205

counsel review prior to submission to the BCPO for review and approval. The SPE may 

request the BCPO to provide a copy of the justification or determination as prescribed by the 

FAR for purposes of review prior to its finalization.

(f)(3) Without further power of delegation, the BCPO has the authority to approve the 

justification or determination prescribed by FAR 33.103(f)(1). The CO shall obtain legal 

counsel review prior to submission to the BCPO for review and approval. The SPE may 

request the BCPO to provide a copy of the justification or determination as prescribed by the 

FAR for purposes of review prior to its finalization.

1033.104 Protests to GAO.

(a)(2) Upon receipt of a GAO protest against a solicitation or an award exceeding the 

SAT, the BCPO or designee shall comply with all requirements of 1033.102(a)(1). 

(a)(3)(iv) The report shall be appropriately titled and dated, cite the GAO file number, 

and be signed by the CO. Reports shall be coordinated with legal counsel. Reports will be 

transmitted to GAO by legal counsel. 

(b)(1) The CO shall obtain legal counsel's review prior to submitting to the HCA the

request to proceed with contract award, notwithstanding the protest. The BCPO shall 

promptly notify the SPE if the HCA authorized contract award notwithstanding the protest. 

The SPE may request the BCPO to provide a copy of the justification or determination as 

prescribed by the FAR for purposes of review prior to its finalization.

(c)(2) The CO shall obtain legal counsel's review prior to submitting the request to the 

HCA to authorize contract performance, notwithstanding the protest. The BCPO shall 

promptly notify the SPE if the HCA authorizes contract performance notwithstanding the 

protest. The SPE may also request the BCPO to provide a copy of the justification or 

determination as prescribed by the FAR for purposes of review prior to its finalization.

1033.105 Protest at the U.S. Court of Federal Claims.

(a) Upon receipt of a U.S. Court of Federal Claims protest against a solicitation or an 

award exceeding the SAT, the BCPO or designee shall comply with all requirements of 

1033.102(a)(1). 

Subpart 1033.2—Disputes and Appeals

1033.201 Definitions.

See DTAR 1033.201, Definitions for Treasury’s requirement.

1033.203 Applicability.

(b)(2)(i) The CO shall submit determinations to the SPE for approval in accordance with 

1001.7000(a)(1).

1033.209 Suspected fraudulent claims.

COs shall refer matters related to suspected fraudulent claims to the cognizant IG

authority, or other appropriate investigative organization.
Page 158 of 205

1033.211 Contracting officer's decision.

(a)(4)(v)(A) For contracts, the agency board of contract appeals is the Civilian Board of 

Contract Appeals (CBCA). When using the paragraph in FAR 33.211(a)(4)(v), the CO shall 

insert the words ‘‘Civilian Board of Contract Appeals’’ in replacement of each mention of 

the term ‘‘agency board of contract appeals”. Additional information about Civilian Board 

of Contract Appeals, including information on how to file, is available at 

http://www.cbca.gsa.gov/index.html. 

1033.212 Contracting officer's duties upon appeal.

Bureau legal counsel is responsible for representing the Bureau before the CBCA. Legal 

counsel will prepare all correspondence in connection with the appeal, with the assistance of 

the CO and other appropriate personnel. COs shall prepare the appeal file as prescribed on 

the CBCA website available at www.cbca.gsa.gov. The file shall be forwarded to legal 

counsel within fifteen (15) days from receipt of notice. Legal counsel shall have fifteen (15) 

days to review the file and file the appeal file with the CBCA.
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PART 1034—MAJOR SYSTEM ACQUISITION

1034.001 Definition.

See DTAR 1034.001, Definitions for Treasury’s requirement.

1034.004 Acquisition strategy.

See DTAR 1034.004, Acquisition strategy for Treasury’s requirement.

Subpart 1034.2—Earned Value Management System

1034.201 Policy.

(a) See OFPP memorandum dated October 23, 2015 entitled, “Reducing the Burden of 

Certifying Earned Value Management Systems.”
Page 160 of 205

PART 1035—RESEARCH AND DEVELOPMENT CONTRACTING

1035.003 Policy.

(b)(1) Cost sharing and recoupment shall be determined on a case-by-case basis. 

Recoupment, not otherwise required by law, should be structured to address factors such as 

recovering the Department's fair share of its investment in nonrecurring costs related to the 

items acquired. Advice of legal counsel shall be obtained prior to establishing cost sharing 

policies and recoupment mechanisms under FAR 35.003(b) and (c). Bureaus may establish 

additional procedures for cost sharing and recoupment.

1035.010 Scientific and technical reports.

(b) Prior to making available R&D contract results, which involve classified or national 

security information, the CO shall follow the procedures at FAR 4.403, as supplemented by 

TD P 15-71, “Department of Treasury Security Manual.”

1035.014 Government property and title.

(b) The BCPO, without power of delegation, is able to make the determination prescribed 

by FAR 35.014(b).

1035.017-2 Establishing or changing an FFRDC.

(j) For purposes of the approval prescribed by FAR 35.017-2(j) the SPE is delegated the 

authority.

1035.017-4 Reviewing FFRDC’s.

(b) For purposes of the authority prescribed by FAR 35.017-4(b) the SPE is delegated the 

authority.
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PART 1036—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

Subpart 1036.2—Special Aspects of Contracting for Construction

1036.202 Specifications.

(c) When a CO has determined a particular brand name is essential to the Government’s 

requirements and will not allow the submission of “equal” products, the CO shall clearly 

indicate within the solicitation the brand name item(s) which are required. This is necessary 

in order to place bidders on notice that the “brand name or equal” provisions of FAR 52.236-

5, Materials and Workmanship, and any other provision that may authorize the submission of 

an “equal” product, will not apply to the specific items listed. 

1036.203 Government estimate of construction costs.

For acquisitions using sealed bid procedures, the CO may disclose the overall amount of 

the Government's estimate after identification of the responsive bid most advantageous to the 

Government; verification of that bid's price reasonableness; and verification of the bidder's 

responsibility. For acquisitions using other than sealed bid procedures (e.g., negotiation), the 

CO may, upon request, disclose the overall amount of the Government’s estimate after 

award. 

1036.204 Disclosure of the magnitude of construction projects.

(h)(1) For construction projects exceeding $10,000,000, show the magnitude in ranges of 

—

(i) Between $10,000,000 and $25,000,00) 

(ii) Between $25,000,000 and $50,000,000;

(iii) Between $50,000,000 and $100,000,000; and

(iv) then in increments of $50,000,000, for more than $100,000,000. 

1036.206 Liquidated damages.

Treasury does not have any regulations for this FAR requirement. However, Bureaus 

may establish policies to support the CO evaluation of the need for liquidated damages in a 

construction contract.

1036.209 Construction contracts with architect-engineer firms.

(a) COs shall submit requests to award such a contract to the HCA for approval in 

accordance with Bureau procedures. Requests shall include, at a minimum—

(1) Description of the requirement, government estimate, location of the project, and 

need date; 

(2) Description of the market research conducted demonstrating how this firm was 

selected;

(3) The reason(s) why award to the design firm is required; 

(4) An analysis of the facts involving potential or actual organizational conflicts of 

interest, including benefits and detriments to the Government and prospective contractor; and 

(5) Measures to be taken to avoid, neutralize, or mitigate conflicts of interest.

(b) This section does not apply to design-build contracts, as defined at FAR 36.102.
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Subpart 1036.6—Architect-Engineer Services

1036.602-1 Selection criteria.

(b) The HCA is authorized to approve the use of design competition. Approval must be 

obtained by the HCA prior to the CO issuing the solicitation.

1036.602-4 Selection authority. 

(a) The HCA is authorized to make the final selection decision. 

1036.602-5 Short selection process for contracts not to exceed the simplified acquisition 

threshold.

See DTAR 1036.602-5, Short selection process for contracts not to exceed the simplified 

acquisition threshold for Treasury’s requirement.

1036.605 Government cost estimate for architect-engineer work.

(b) COs may, upon request, release the overall amount of the Government’s estimate 

after award.
Page 163 of 205

PART 1037—SERVICE CONTRACTING

Subpart 1037.1—Service Contracts–General

1037.104 Personal services contracts.

(b) Refer all personal services requirements to the Bureau personnel officer for 

determination of whether the award is specifically authorized by statute. The requiring 

activity in coordination with the CO shall ensure the solicitation and resultant contract 

includes all requirements, specifically security requirements (see “TD 71-10” "Department of 

the Treasury Security Manual").

(1) The Secretary of the Treasury has the statutory authority to award personal 

service contracts under 22 USC 2151aa(d)(3)(A), program to provide technical assistance to 

foreign governments and foreign central banks of developing or transitional countries. The 

Treasury’s Office of Technical Assistance (OTA) currently executes this program.

(f) The CO shall ensure such coordination with the cognizant human resources office 

occurs prior to contract award and includes a determination of compliance with 5 U.S.C 3524

governing the repayment of voluntary separation incentive payment. If the potential awardee 

submits an affirmative certification, and unless otherwise waived by the head of the agency it 

is the responsibility of the CO to work with the appropriate finance/budget offices to ensure 

that repayment is made, prior to awarding the contract.

1037.106 Funding and term of service contracts.

(b) The CO is authorized to enter into a contract, exercise an option, or place an order 

under a contract as described in FAR 37.106(b).

1037.110 Solicitation provisions and contract clauses.

(f) The CO shall include in all solicitations for personal service contracts language that 

requests the certification as to whether any of the proposed personnel received a voluntary 

separation incentive payment under 5 U.S.C 3523 within the last five (5) years after the date 

of the separation on which the payment is based. 

1037.112 Government use of private sector temporaries.

Acquisitions for these types of services shall be coordinated with the Bureau personnel 

officer in accordance with Bureau procedures. 

1037.113-1 Waiver of cost allowability limitations.

(a) The CO shall submit the waiver prescribed by FAR 37.113-1 to the SPE for approval 

in accordance with 1001.7000(a)(2).

Subpart 1037.2—Advisory and Assistance Services

1037.204 Guidelines for determining availability of personnel.

(a), (b), and (d) the BCPO is delegated the head of an agency authorities prescribed at FAR 

37.204.
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Subpart 1037.5—Management Oversight of 

Service Contracts

1037.503 Agency-head responsibilities.

The CO has the responsibilities described at FAR 37.503.

Subpart 1037.6—Performance-Based Acquisition

1037.601-70 General Resources. 

(a) Bureaus may use the Acquisition Requirements Roadmap Tool (ARRT) Suite 

available at https://www.dau.edu/tools/Documents/SAM/resources/ARRT_Home.html for 

purposes of developing performance-based requirement documents (e.g., Performance Work 

Statement, Quality Assurance Surveillance Plan and Performance Requirements Summary). 

The ARRT Suite is a tool that enables requiring activities/program offices to develop and 

organize performance-based requirements into draft versions of performance-based 

documents that can be downloaded and further edited by the acquisition team. The ARRT 

Suite can also assist in the development of IGCE (see Cost Estimation tool), Evaluation/ 

Source Selection Plans (see Evaluation Factors tool) and plans that support inputs into 

CPARs (see Performance Assessment tool). Performance-based requirement documents 

agencies have used for their requirements can be found on the Acquisition Gateway and the

GPE.

(b) Steps to Performance-Based Acquisition (PBA), is a digital application that presents 

the performance-based acquisition process in easy steps, complete with samples and 

examples, templates and other resources to make PBA more collaborative, performanceoriented, and team-focused. This tool is located at https://buy.gsa.gov/spba.

Subpart 1037.70—Contracting for Audit or Certain Nonaudit Services

1037.7000 Scope of part.

This subpart prescribes policies and procedures for acquiring audit and certain nonaudit 

services from non-federal auditors. The subpart applies to all procurements, including task 

and delivery orders under existing contracts and agreements, by Bureaus and other Treasury 

offices of audit and certain nonaudit services from non-federal auditors, regardless of 

whether the acquisition function is performed with Treasury or by another agency. These 

additional procedures support, FAR 9.504(b) wherein, “should obtain the advice of counsel 

and the assistance of appropriate technical specialists in evaluating potential conflicts and in 

developing any necessary solicitation provisions and contract clauses.” 

1037.7001 Definition. 

“Audit services” means Generally Accepted Government Accounting Standards 

(GAGAS) define “audits that may be performed in accordance with GAGAS as:

(1) Financial audits: for the requirements and guidance (see Government Auditing 

Standards (GAS) 1 through 4); 

(2) Attestation engagements: for the requirements and guidance (see GAS 1 through 

3, and 5); and 
Page 165 of 205

(3) Performance audits: for the requirements and guidance (see GAS 1 through 3, 6, 

and 7).

“Nonaudit services” means professional services other than audits or attestation 

engagements (see GAS 2.12) performed by vendors that also provide independent public 

accounting services, specifically vendors where the nonaudit service will be performed by 

one of the vendors listed under GSA Schedule 520 “Financial and Business Solutions,” 

Special Item Number (SIN) 520-7, “Financial and Performance Audits, SIN 520-8 

Complementary Audit Services and SIN 520-9 Recovery Audits.” Auditors may be able to 

provide nonaudit services in the broad areas indicated in GAS 3.49 through 3.58 without 

impairing independence if:

(1) The nonaudit services are not expressly prohibited; 

(2) The auditor has determined that the requirements for performing nonaudit 

services in GAS 3.34 through 3.44 have been met; and 

(3) Any significant threats to independence have been eliminated or reduced to an 

acceptable level through the application of safeguards.

1037.7002 Policy. 

(a) In accordance with the Inspector General Act of 1978, as amended, the IG of an 

agency determines when it is appropriate to use non-Federal auditors for audit work, and for 

assuring that work performed by non-Federal auditors complies with standards established 

by the Government Accountability Office (GAO) and reviewing if such acquisition would 

present a conflict of interest (see FAR 9.504(b)). In addition, the IG of an agency shall

evaluate whether nonaudit services performed by vendors that also provide independent 

public accounting services would not be independent or be perceived as not being 

independent or present a conflict of interest (see FAR 9.504(b)). 

(b) Though auditors have the capability of performing a wide range of services for their 

clients, for audits required to be conducted in accordance with GAS issued by the 

Comptroller General of the United States, it is not always appropriate for auditors to 

perform both audit and certain nonaudit services for the same client. In these cases, the 

auditor and/or the client will have to make a choice as to which of the services will be 

provided. This issue is addressed in GAS 3.33 through 3.58. GAS establishes a conceptual 

framework for independence to provide a means for auditors to assess auditor independence 

for activities that are not expressly prohibited. Some nonaudit services do not impair an 

auditor’s independence. However, there are other nonaudit services that, by their very 

nature, impair the audit organization’s independence. Examples of nonaudit services that 

would impair an auditor's independence with respect to audited entities and on certain 

nonaudit services that may be permitted under appropriate conditions is included in GAS 

3.45 through 3.58.

(1) Management activities (see GAS 3.36); 

(2) Preparing Accounting Records and Financial Statements (see GAS 3.50 and 

3.51);

(3) Internal Audit Assistance Services Provided by External Auditors (see GAS 

3.53);

(4) Information Technology Systems Services (see GAS 3.56);

(5) Valuation Services (see GAS 3.57);

(6) Benefit plan administration (see GAS 3.58b);
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(7) Investment—advisory or management (see GAS 3.58c);

(8) Executive or employee personnel matters (see GAS 3.58e);

(9) Business risk consulting (see GAS 3.58f).

The GAS may be found at http://www.gao.gov/yellowbook/overview.

1037.7003 Contracting officer responsibility.

(a) Prior to issuance of the solicitation for audit or nonaudit services from non-federal 

auditors, the CO shall submit to the cognizant IG authority a request for concurrence to 

proceed with the acquisition. The request shall include a copy of the requirement package, 

inclusive but not limited to a copy of the SOW/PWS. The cognizant IG authority will 

promptly review the requirement package for the contemplated services and provide their 

concurrence or non-concurrence. In the case of non-concurrence, they will provide their 

reasons for their determination. 

(1) Non-concurrence. If the cognizant IG authority does not concur, the CO shall:

(i) Audit services. Cancel the acquisition.

(ii) Nonaudit services. Consider the non-concurrence and determine whether to 

proceed with the acquisition. If the determination is to proceed with the acquisition, the CO 

shall obtain written approval from the SPE before issuance of the solicitation (see 

1001.7000(a)(2)). The SPE shall consult with the cognizant IG authority prior to granting 

approval. If the SPE does not concur, the CO shall cancel the acquisition.

(2) Concurrence. If the cognizant IG authority concurs, the CO may proceed with 

issuance of the solicitation. For purposes of acquisition of nonaudit services, GAS requires 

that management possesses suitable skill, knowledge, or experience to oversee the 

acquisition.

(b) The CO shall alert the cognizant IG authority if at any time a target award date is 

being adversely impacted during the cognizant IG authority review interval. BCPOs may 

bring turn-around time concerns, if any, to the attention of the SPE.
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PART 1038—FEDERAL SUPPLY SCHEDULE CONTRACTING

[RESERVED]

There is no DTAP text implementing or supplementing FAR 38.
Page 168 of 205

PART 1039—ACQUISITION OF INFORMATION TECHNOLOGY

Subpart 1039.1—General

1039.101 Policy.

(a)(1)(v) Leveraging Treasury Mandatory Sources and other Government sources (see 

1008.002).

(d) See 1011.002(g) for Treasury’s IPv6 policy.

1039.103 Modular contracting.

(a) COs and other members of the acquisition team should use OFPP memorandum dated 

June 12 2012 entitled, “Contracting Guidance to Support Modular Development” and 

associated policy guide entitled, “Contracting Guidance to Support Modular Development”

for contracting guidance to support the use of modular contracting. 

 

1039.170 Software licensing.

In accordance with OMB M-16-12 dated June 2, 2016 entitled, “Category Management 

Policy 16-1: Improving the Acquisition and Management of Common Information 

Technology: Software Licensing” COs should not agree to terms and conditions that prohibit 

the sharing of all prices, terms, and conditions for commercial and COTS software licenses 

with other Government entities (including posting said information to the Acquisition 

Gateway). When terms or conditions are identified that seem to preclude an agency from 

sharing prices paid with other Federal agencies, the CO shall ensure removal of these terms 

and conditions during the negotiation process for the contract or the option period renewal.

Subpart 1039.2—Electronic and Information Technology

1039.201 Scope of Subpart.

(b) See Treasury Directive 87-06, Electronic and Information Technology (E&IT) 

Accessibility Under Section 508 of the Rehabilitation Act for Treasury’s policy and guidance 

to ensure compliance with Section 508 of the Rehabilitation Act of 1973, as amended, 

regarding access to Information and Communication Technology (ICT) resources for 

individuals with disabilities.

1039.203 Applicability.

(a) COs should review requirements documents for electronic information technology to 

ensure compliance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).

Subpart 1039.70—Federal IT Acquisition Reform Act

1039.7000 Scope of Subpart.

This subpart addresses the FITARA in relation to Treasury acquisitions.
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1039.7001 Policy. 

(a) FITARA was enacted on December 19, 2014, and outlines specific requirements 

related to Federal IT. OMB memorandum M-15-14 entitled “Management and Oversight of 

Federal Information Technology” provides guidance on the implementation of FITARA

across the Federal Government, including the establishment of a FITARA Common Baseline 

that all agencies must achieve.

(b) Treasury’s FITARA Common Baseline is available at https://management.cio.gov/.

1039.7002. General.

(a) The SPE collaborates with the CIO to issue FITARA-based policy related to the 

acquisition of IT products and services. Copies of SPE/CIO joint memoranda are available at 

Treasury OPE SharePoint.

(b) As part of Treasury’s implementation of FITARA the Treasury CIO has—

(1) Insight into Treasury IT acquisitions via the—

(i) Treasury IT Acquisition Tracker (see 1004.76);

(ii) Major Acquisition Program (MAP) Review process (see 1046.70); and

(iii) TechSTAT, CPIC, QPR, and other types of governance; 

(iv) Review and concurrence on applicable justifications (e.g., limited-source 

justification); and

(v) Review and approval of acquisition strategies or acquisition plans (see part 

1007).

(2) Established a policy on the consistent use of PSC codes for IT acquisitions to 

align them to the six (6) IT categories (see 1004.606-71) identified as part of the 

Government-wide category structure established by the Category Management Leadership 

Council; 

(3) Included within Treasury’s CPIC Guide explicit references to modification, 

pausing and/or termination of IT activities, projects, and investments through the TechSTAT 

process (see sections 2 and 3 of the Guide); and

(4) Assigned a Department level category manager for each of the aforementioned six 

(6) IT categories. As applicable, Bureaus have designated category management point of 

contacts as well.
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PART 1040—[RESERVED]

There is no DTAP text implementing or supplementing FAR 40.
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PART 1041—ACQUISITION OF UTILITY SERVICES

Subpart 1041.1—General

1041.103 Statutory and delegated authority.

(b)(1) Requests to GSA for delegations of contracting authority to enter into utility 

service contracts shall be referred by the BCPO to the SPE for forwarding to GSA.

Subpart 1041.5—Solicitation Provision and Contract Clauses 

1041.501 Solicitation provision and contract clauses.

COs shall refer to Bureau procedures when considering the use of variations of the 

provision and clauses prescribed by FAR 41.501.
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PART 1042—CONTRACT ADMINISTRATION AND AUDIT SERVICES

1042.002 Interagency agreements.

(a) Interagency agreements established to acquire field contract administration services 

shall be coordinated in advance with the SPE to determine whether it should be a Treasurywide arrangement.

Subpart 1042.1—Contract Audit Services

1042.102 Assignment of contract audit services.

(a) Requests for audit services shall be in accordance with Treasury Directive 76-06, 

Request for Contract Audit Services, and 1037.70.

1042.170 Treasury Audit Resolution, Follow-Up, and Closure procedures.

1042.170-1 Scope of section.

This section prescribes Treasury’s policy and procedures surrounding contract audits.

1042.170-2 Definitions.

As used in this section—

“Corrective Action” means the measures taken to implement resolved audit findings and 

recommendations.

“Disposition” means the status of an audit report finding or recommendation wherein 

corrective action has been completed and that no further action can be reasonably anticipated.

“Resolution” means the status of an audit report finding or recommendation where the 

CO has documented a plan for corrective action for addressing an audit finding or 

recommendation and has notified all concerned parties of such plan; or in the event of 

disagreement, the point at which the audit follow-up official determines the matter to be 

resolved.

1042.170-3 Applicability.

This policy and procedure apply to contract audit reports issued by one of the Treasury 

IG (i.e., TIG, TIGTA, and SIGTARP), the General Accountability Office (GAO), the 

Defense Contract Audit Agency (DCAA), Defense Contract Management Agency (DCMA), 

independent accounting firms, and other audit organizations. 

1042.170-4 Authorities.

(a) Inspector General Act of 1978, as amended, 5 U.S.C. Appendix establish the Office 

of Inspector General;

(b) OMB Circular A-50, "Audit Follow-up" provides the policies and procedures for use

by executive agencies when considering reports issued by the IGs, other executive branch 

audit organizations, the GAO, and non-Federal auditors where follow-up is necessary.

(c) Treasury directives. The following Treasury Directives provide Treasury policy and 

procedures surrounding IG and audits-

(1) 40-01 Responsibilities of and to the Inspector General

(2) 40-02 Corresponding with the General Accounting Office (GAO)
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(3) 40-03 Treasury Audit Resolution, Follow-Up, and Closure

1042.170-5 Policy.

It is Treasury’s policy that—

(a) Audit follow-up is an integral part of evaluating and monitoring the actions taken in 

response to contract audits reports and is a shared responsibility of Treasury officials and 

auditors; 

(b) Findings and recommendations contained in contract audit reports shall be resolved 

and dispositioned in a timely manner, consistent with regulations, Treasury and Bureau 

policy and procedures (see 1042.170-4); 

(c) Bureaus shall establish systems, policies and procedures to assure the prompt and 

proper resolution, disposition, and implementation of audit findings and recommendations. 

These systems shall provide for a complete record of action taken on both monetary and nonmonetary findings and recommendations; and 

(1) The Joint Audit Management Enterprise System (JAMES) is the Treasury system 

used to track and report contract audit recommendations. 

(d) Statistical information and other data concerning audits are appropriately reported and 

tracked pursuant to all statutory and regulatory as well as Agency and Bureau requirements.

1042.170-6 Responsibilities.

(a) Bureau Chief Procurement Officers. BCPOs are responsible for complying with and 

ensuring Bureau contracting personnel comply with the Treasury Directives listed in 

1042.170-4(c) and other Treasury and Bureau policies and procedures surrounding contract 

audits.

(b) Contracting officers. COs are responsible for—

(1) Submitting within thirty (30) days of the receipt of the contract audit report, 

unless additional time is agreed too, a written response to the auditor (see Treasury Directive 

40-03, Treasury Audit Resolution, Follow-Up, and Closure). The written response shall 

include at a minimum—

(i) The CO’s agreement or disagreement with the audit findings or 

recommendations;

(A)Disagreements are to be resolved according to Treasury Directive 40-03, 

Treasury Audit Resolution, Follow-Up, and Closure and other policy.

(ii) The corrective actions that will be taken to address each audit finding and 

recommendation, inclusive of the action to be taken to recover any disallowed costs, 

penalties and other monetary benefits due the Government; and

(iii) Dates and other milestones for accomplishing the corrective actions.

(2) Resolving contract audit reports, other than pre-award audit reports, within six 

months of issuance of a final report or, in the case of audit performed by non-Federal 

auditors, six (6) months after the receipt of the report, unless another regulation or policy 

provides for a shorter timeline (see OMB Circular A-50 and Treasury Directive 40-03, 

Treasury Audit Resolution, Follow-Up, and Closure). Resolution may involve—

(i) Coordination with the other government agencies that have negotiation 

responsibility over a portion of the audit report findings or recommendations.

(ii) Assessment of penalties and interest (or documenting a waiver) in accordance 

with FAR 42.709 if the CO determines that a contractor’s included costs that are expressly 
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unallowable or previously determined to be unallowable in its final indirect cost rate 

proposal.

(iii) Collection of interest assessed on increased costs paid by the Government as 

a result of a cost accounting standard (CAS) noncompliance in accordance with FAR 52.230-

2(a)(5), 52.230-3(a)(4), or 52.230-4(a)(4).

(iv) Collection of overpayments, interest assessed on overpayments, and penalties 

amounts assessed on overpayments resulting from defective cost or pricing data on Treasury 

contracts in accordance with FAR 15.407-1.

(3) Disposition shall take place as soon as possible after resolution. The recovery of 

disallowed costs shall be a priority as there are in some cases statute of limitations that will 

preclude the Government from recovery of disallowed costs if action is not taken in a timely 

fashion.

(i) BCPOs shall establish a mechanism that tracks all outstanding actions 

concerning the recovery of disallowed costs and advise the HCA and SPE on the status of 

such recovery on no less than a quarterly basis. 

(4) Documenting the disposition of all contract audit findings and recommendations in 

a signed and dated memorandum (see Treasury Directive 40-03, Treasury Audit Resolution, 

Follow-Up, and Closure). This shall include indicating whether each audit finding, or 

recommendation is agreed to and, if not, documenting the rationale for the disagreement. It 

shall also include, if applicable, the negotiation results from other government agencies. This 

memorandum shall be placed in the contract file. The CO shall—

(i) Consult with legal counsel and document the legal basis for the resolution 

when there is a disagreement with the audit reported findings or recommendations based on 

an interpretation of law, regulation, or the authority of officials; and 

(ii) Document the consultation with legal counsel and any review above the CO in 

the contract file.

Subpart 1042.5—Postaward Orientation

1042.500 Scope of Subpart.

(b) See Treasury OPE SharePoint for a sample letter or other form of written 

communication.

1042.501 General.

A CO may consult Treasury’s guidance on conducting a postaward orientation available 

at Treasury OPE SharePoint.

1042.503 Postaward conferences.

(a) A postaward conference shall be held for all—

(1) Contracts or agreements anticipated to exceed $15,000,000; 

(2) Contracts that include award terms, award fees or other types of monetary 

incentives;

(3) Contracts that involve significant postaward administrative actions, e.g.,

performance, cost (e.g., cost reimbursement type contracts), schedule, security, 

environmental, health and safety requirements, which necessitate on-going and effective 

communication and oversight to ensure successful performance.
Page 175 of 205

(b) The CO may decide to hold a postaward conference for contracts or agreements that 

do not meet the criteria in paragraph (a) of this section.

(c) Paragraph (a) of this section may be waived for a given contract or agreement by the 

CO when—

(1) The acquisition plan or contract administration plan fully documents how the CO 

will ensure—

(i) All parties are aware of their responsibilities;

(ii) Effective communication throughout performance; and

(iii) Proper contract administration is conducted throughout performance.

(2) And another form of postaward orientation is performed. 

(3) The CO shall document the acquisition plan if they decide to waive this 

requirement.

1042.503-3 Postaward conference procedure.

Treasury Standard Form 1042 (SF 1042), Postaward Conference Summary Report, shall 

be used to document the postaward conference as required by FAR 42.503-1(a)(6) and FAR 

42.503-3. The chairperson may request the COR and contractor representative to sign the SF 

1042.

1042.503-70 Contract clause.

(a) The CO shall—

(1) Insert a clause similar to 1052.242-70, Postaward Conference, in solicitations and 

contracts when the CO has decided a postaward conference will be held and the contractor is 

required to attend in person (see FAR 42.501 and 42.502 and 1042.503). 

(2) Use the clause with Alternate I when an alternate method (e.g., telephone and 

video conferencing) will be used to hold the postaward conference in lieu of the contractor 

attending in person.

Subpart 1042.6—Corporate Administrative Contracting Officer

1042.602 Assignment and location.

(a) The BCPO, without power of delegation, is delegated the authority to assign a 

corporate administrative CO.

Subpart 1042.7—Indirect Cost Rates

1042.703-2 Certificate of indirect costs.

(b)(1) The BCPO may waive the requirement for Certification of Final Indirect Costs as 

prescribed by FAR 42.703-2. 

Subpart 1042.8—Disallowance of Costs

1042.803 Disallowing costs after incurrence.

(b)(3)(ii) The CO shall process the claim in accordance with Bureau procedures.
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Subpart 1042.15—Contractor Performance Information

1042.1500 Scope of Subpart. 

(a) OFPP memorandum dated March 6, 2013, entitled “Improving the Collection and 

Use of Information about Contractor Performance and Integrity” implemented quarterly 

reporting to monitor Agency annual reporting performance targets. Treasury’s designated 

past performance contact located in the OPE, is responsible for reviewing and entering this 

data, as required, for the following reports—

(1) CPARS metric reports; and 

(2) Any other OMB required reporting.

(b) The Treasury designated past performance contact shall also provide assistance in—

(1) Supporting the SPE in conducting agency level compliance assessments;

(2) Providing a list of the annual past performance assessments in CPARS for the 

contractors performing on the agencies’ highest risk, complex projects, as identified by the 

agency head or appropriate agency official (see OFFP memorandum dated July 14, 2014 

entitled, “Making Better Use of Contractor Performance Information”); and

(i) This list shall be provided promptly to the Deputy Secretary, CIO, CFO, Chief 

Acquisition Officer, SPE, and other appropriate agency officials for their awareness and 

management of agency high profile acquisitions.

(3) Supporting the SPE in other related tasking. 

1042.1501 General.

(b) HCAs shall establish Bureau procedures that—

(1) Ensure COs are submitting accurate, timely, and complete information on 

contractor performance into CPARS;

(2) Establish Bureau CPARS Focal points to handle: CPARS access, registration and 

other system issues; compliance, oversight and reporting; and other related tasking (see 

CPARS User Manual and CPARS Guide Section C.3.5); 

(3) Implement a process for conducting regular compliance assessments (see FAR 

42.1501(b)). Assessments shall include assessing the timeliness, completeness, accuracy and

quality of evaluations;

(4) Implement a process that monitors contractor performance of the Bureau’s highest 

risk, complex acquisitions (contracts or orders). Bureaus shall take contract action when 

contractor performance presents risks of missing schedule, budget or other key contract 

metrics;

(5) Ensure acquisition and program personnel are aware of the importance of past 

performance evaluations and apprised of Bureau and Agency goals, status and other key 

metrics related to measuring the quality and timely reporting of contractor performance;

(6) Ensure that acquisition and program personnel are assigned, aware and held 

accountable in regards to their role and responsibility(ies) in evaluating and submitting 

contractor performance (see FAR 42.1503);

(7) Ensure acquisition and program personnel receive the proper training in relation 

to their role and responsibility(ies) in evaluating contractor performance; and

(i) Training courses (e.g. Department of Defense’s Past Performance Information 

course, CLC 028 and Contracting Officer's Representative with a Mission Focus course, 
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CLC 106) as well as training material related to past performance information are available at 

Defense Acquisition University’s website at https://www.dau.edu and Federal Acquisition 

Institute’s website at https://www.fai.gov. 

(8) Ensure COR appointment letters, as applicable (see FAR 42.1502), include the 

requirement that CORs provide input to the evaluation of contractor performance. 

1042.1502 Policy.

(a)(1) Bureaus shall use the Contractor Performance Assessment Reports System for

submitting input on contractor performance in accordance with FAR 42.1502 and FAR 

42.1503.

(2) COs shall prepare interim evaluations on an annual basis from the date of contract 

award. 

(g)(2) See Treasury OPE SharePoint for a sample determination of a history of 

unjustified reduced or untimely payments.

1042.1503 Procedures.

(a)(1) The CO is responsible for obtaining evaluations from all functional elements 

involved in post-award management of the contract action. The COR evaluation is required 

for all contract actions. Evaluations from the program office, administrative contracting 

office, end users of the product or service, and other technical or business advisors are 

required, as determined by the CO, such that all relevant performance information is 

available to the CO for consideration in preparing the evaluation

(b)(1) The quality of the evaluation narratives is critical because they establish credibility 

and justifiability of the ratings. Additionally, quality narratives allow a reader with no 

personal knowledge of the procurement to gain a complete understanding of the Contractor’s 

performance. These narratives need not be lengthy, but need to be as clear, comprehensive 

and concise as possible. For purposes of writing a quality narrative, a CO may consult 

Treasury’s guidance and other resources available at Treasury OPE SharePoint and 

https://www.fai.gov. 

(2) Ratings and narratives shall be consistent with the rating definitions in the CPARS 

Guidance and be supported by objective evidence (e.g., technical reviews, quality assurance 

evaluations, and subcontracting plan reports).

(c) (CLASS DEVIATION) Past performance reports for personal services contracts, 

discussed in FAR 37.104, shall be maintained in the contract file. A CPARS shall not be 

prepared. See APU 13-02 for details on Treasury’s class deviation to this FAR requirement.

(d) For the purpose of FAR 42.1503(d) the term, “as soon as practicable,” is defined as 

thirty (30) days. All evaluations shall be finalized in CPARS within 120 days after 

completion of delivery, performance, or contract period, whichever is later. If there are 

disagreements between the CO and the contractor regarding the evaluation, Bureau review at 

a level above the CO, as designated in Bureau procedures, is required.

(f) BCPOs may establish bureau procedures for the reporting of past performance 

evaluations for classified contracts and special access programs (see 1005.202(a)(1)).
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PART 1043—CONTRACT MODIFICATIONS

Subpart 1043.1—General

1043.102-70 Policy.

(a) See 1004.7102 for the requirement for legal counsel review concerning modifications 

that are anticipated to increase the total value of the contract or, task/ delivery order in excess 

of 10 percent.

(b) See Treasury OPE SharePoint for a sample modification log.

1043.205 Contract clause.

(c) The CO shall document the contract file concerning the rationale for varying the 30-

day period in paragraph (c) of FAR clause 52.243-3, Changes-Time-and-Materials or LaborHours.
Page 179 of 205

PART 1044—SUBCONTRACTING POLICIES AND PROCEDURES

Subpart 1044.3—Contractors’ Purchasing Systems Reviews

1044.302 Requirements.

(a) The SPE is authorized to raise or lower the $25 million review level. The CO shall 

submit requests to the SPE in accordance with 1001.7000(a)(2).
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PART 1045—GOVERNMENT PROPERTY

Subpart 1045.3—Authorizing the Use and Rental of Government Property

1045.302 Contracts with foreign governments or international organizations.

COs shall compute rental costs for the use of Government production and research 

property with foreign governments or international organizations in accordance with FAR 

52.245-9, Use and Charges. See also OMB Circular A-25, "User Charges" for guidance on 

the establishment of fees to recover costs.
Page 181 of 205

PART 1046—QUALITY ASSURANCE

Subpart 1046.3—Contract Clauses

1046.316 Responsibility for supplies.

When the CO deems it necessary, FAR 52.246-16, Responsibility for Supplies, may be 

used in solicitations and contracts when the contract amount is not expected to exceed the 

SAT.

Subpart 1046.4—Government contract quality assurance

1046.401 General.

(f) EHS professionals shall perform assessments and oversight during contract 

performance as necessary and as agreed upon in the acquisition plan and contract. See 

subpart 1023.70.

Subpart 1046.5—Acceptance

1046.502 Responsibility for acceptance.

The CO may assign a COR or other authorized designee the responsibility of acceptance 

of supplies or services. The CO, COR or other authorized designee may obtain documentary 

evidence in either hard copy or electronic format to substantiate the receipt, inspection, and 

acceptance of supplies or services. 

Subpart 1046.6—Material Inspection and Receiving Reports

1046.601 General.

See 1046.670 for Treasury’s procedures and instructions for the use, preparation and 

distribution of material inspection and receiving reports and commercial shipping 

document/packing lists to evidence Government inspection (see FAR 46.401) and acceptance 

(see FAR 46.501). 

1046.670 Procedures and instructions.

Bureaus may prescribe additional procedures and instructions, as appropriate, to further 

supplement the below.

1046.670-1 Inspection and receiving report.

(a) Unless otherwise prescribed by Bureau procedures, a receiving report statement shall 

be signed by the authorized Government representative to evidence Government inspection 

and receipt, except for simplified acquisitions using the OF 347. The receiving report shall 

be completed at the place(s) specified in the contract for performance of Government quality 

assurance.

(b) For simplified acquisitions using the OF 347, or an equivalent authorized Bureau 

form, the receiving report section shall be completed for inspection and receipt and signed by

the authorized Government representative.
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1046.670-2 Acceptance report.

(a) Unless otherwise prescribed by Bureau procedures, an acceptance report statement 

shall be signed by the authorized Government representative to evidence Government 

acceptance, except for simplified acquisitions using the OF 347. The acceptance report shall 

be completed at the place(s) specified in the contract for Government acceptance.

(b) For simplified acquisitions using the OF 347, or an equivalent authorized Bureau 

form, the receiving report section shall be completed for acceptance and signed by the 

authorized Government representative.

1046.670-3 Inspection, acceptance, and receiving report.

All contract and order files shall contain the following information in a Bureauauthorized form or format, when the OF 347, or an equivalent authorized Bureau form, has 

not been used—

(a) Date;

(b) Contract number and latest modification number;

(c) If applicable’ order number and latest modification number;

(d) Contractor's name;

(e) Date items received or date recurring payment due;

(f) Location where items were delivered or contractor's performance;

(g) Statements applicable to the respective signature blocks to effect that the

requirements have been inspected, received and accepted by me and meet the terms of the 

contract except as noted below;

(h) List the requirements that were not accepted and/or the deductions made and state the 

reason(s) why;

(i) Total amount of deductions related to rejected items;

(j) Signature and printed name of authorized Government representative(s);

(k) Title of authorized government representative(s); and

(l) Date(s) signed.

Subpart 1046.7—Warranties

1046.703 Criteria for use of warranties. 

If a warranty is determined to be appropriate, the contract file shall be documented (e.g., 

SF 1007) with the CO’s reasons for inclusion of a warranty and identify the specific parts, 

subassemblies, systems or contract line item(s) on which a warranty should apply, and shall 

address why a warranty is appropriate under the criteria set forth in FAR 46.703.

1046.704 Authority for use of warranties.

COs are authorized to approve the use of warranties (see 1046.703). If the use of 

warranties is approved, the IGCE and resultant contract line-item structure (see FAR 4.10)

needs to identify if the warranty is separately priced or included within the item price.

1046.705 Limitations.

(a) See 1046.708 concerning Treasury’s requirements for the inclusion of warranties in 

cost-reimbursement contracts.
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1046.708 Warranties of data.

Warranties of data shall be developed and used only after consultation with legal counsel.

The CO shall consider the factors in FAR 46.703 in deciding whether to obtain warranties of 

data. Consider the following in deciding whether to use extended liability provisions—

(a) The likelihood that correction or replacement of the nonconforming data, or a price 

adjustment, will not give adequate protection to the Government; and

(b) The effectiveness of the additional remedy as a deterrent against furnishing 

nonconforming data.

Subpart 1046.70—Major Acquisition Program (MAP) Reviews

1046.7000 General.

MAP Reviews provide a structure that enables stakeholders (e.g., SPE, CIO, BCPO, CO, 

Program / Project Managers) to monitor and discuss Major Acquisitions. A key component 

of the MAP Review process is the briefing of the SPE, CIO (for IT acquisitions) and other 

key stakeholders on a Major Acquisition (see Joint OCIO/OPE memo dated January 29, 

2016, entitled “Major Acquisition Program (MAP) Reviews for IT Acquisitions”). The 

purpose of MAP Reviews is to-

(a) Provide visibility and insight into mission-critical or high-visibility procurement 

actions;

(b) Ensure adequate acquisition planning;

(c) Alignment to Treasury wide acquisition strategy, as applicable;

(d) Increase communication among stakeholders;

(e) Provide a forum for developing better business strategies and outcomes and resolution 

of problems/issues early in the acquisition process; and

(f) As part of Treasury’s implementation of FITARA, allow the Treasury CIO insight into 

the acquisition strategy for major IT acquisitions across all Bureaus. 

1046.7001 Definition.

(a) “Major Acquisition” means a planned or existing procurement action meeting at least 

one of the following criteria—

(1) Valued greater than $10 million ($1 million for CDFI);

(2) Supports OMB 300 major investments; 

(3) An IT contract or agreement, regardless of dollar value, with a period of 

performance that exceeds five years, excluding potential extensions of performance as 

provided by FAR 52.217-8 and FAR 52.237-3; or

(4) Controversial or otherwise sensitive such that it warrants the attention of the SPE, 

BCPO, CIO (for IT acquisitions), or other executive stakeholders.

(b) “Procurement action,” as used in this subpart, means interagency agreements, 

contracts, agreements, task orders, delivery orders, and purchase orders. Indefinite Delivery 

contracts and agreements shall be reported if the estimated potential value of all anticipated 

obligations under the contract or agreement, including options, is anticipated to meet or 

exceed the threshold set forth in 1046.7001(a)(1), or if one or more orders or calls under the 

contract or agreement meets the criteria of 1046.7001(2) or (3). Individual orders or calls 

shall be reported in addition to the base contract or agreement if they meet any of the criteria 

of this section. 
Page 184 of 205

1046.7002 Responsibilities

(a) BCPOs are responsible for —

(1) Appointing a primary and an alternate MAP Review representative for their 

respective Bureau; and

(2) Ensuring all Bureau stakeholders, as applicable (e.g., legal, small business, 

program office) attend each MAP Review briefing. 

(b) Bureau MAP Review Representatives are responsible for —

(1) Acting as the single Bureau point of contact in all MAP Review matters when 

communicating with OPE; 

(2) Ensuring the Bureau’s Major Acquisitions List is updated, at a minimum, by the 

end of the fifth business day of each month to reflect all new and any changes from the 

previous month to Major Acquisitions the Bureau is working. This includes ensuring that as 

acquisitions move through the process, that all details for the acquisition are updated as 

applicable (e.g., change the Contract Phase status to Post-Award once the acquisition is 

awarded, and input the relevant details such as contract number, etc.); 

(3) Coordinating the scheduling of the MAP Reviews with OPE; 

(i) Timeframes for holding MAP Reviews, a copy of the MAP review slide deck 

and other information related to MAP Review is available on OPE’s portal at Major 

Acquisition Program (MAP) Reviews for IT Acquisitions.

(4) Ensuring MAP Review slide decks are prepared by the Bureau and uploaded to 

the MAP Review site at least two (2) business days prior to the scheduled MAP Review; and

(5) Providing OPE with a “flat file” by the tenth business day of each month, of all 

requisitions received by the Bureau the previous month. This file will be used by OPE to 

verify the Bureau’s compliance with entering all Major Acquisitions into the Bureau’s Major 

Acquisitions list.

(c) Bureau COs are responsible for —

(1) Preparing the MAP Review slide deck for each Major Acquisition they are to 

brief; and

(2) Briefing the SPE and stakeholders at the MAP Review. 

(d) OPE is responsible for —

(1) Selecting the Major Acquisitions listed on the bureau’s MAP List to briefed 

during MAP Reviews, in conjunction with the Treasury CIO (for IT Major Acquisitions) and 

the BCPO, no less than two (2) weeks prior to each Bureau’s scheduled briefing;

(2) Providing a site for each Bureau to track their respective Major Acquisitions and 

upload MAP Review slide decks; 

(3) Coordinating the scheduling of the MAP Reviews with the Bureau MAP Review 

Representatives; 

(4) Reviewing the Bureaus’ flat files of all requisitions received the previous month 

to verify Bureaus are entering all Major Acquisitions into the Major Acquisition List; and 

(5) Briefing the results of this review at the monthly TAC.
Page 185 of 205

PART 1047—TRANSPORTATION

Subpart 1047.5—Ocean Transportation by U.S.-Flag Vessels

1047.506 Procedures.

(d)(1) COs shall submit reports to: Maritime Administration, Office of Cargo and 

Commercial Sealift, MAR-620/Mail Stop 2, 1200 New Jersey Avenue, SE., Washington, DC 

20590. 

(2) If a bill of lading cannot be obtained, COs shall submit the information described 

in 46 C.F.R. 381.3(a). See additional information at 

https://www.maritime.dot.gov/ports/cargo-preference/cargo-preference .
Page 186 of 205

PART 1048—VALUE ENGINEERING

Subpart 1048.1—Policies and Procedures

1048.102 Policies.

(a) The CO shall submit requests to exempt a contract or class of contracts from the 

inclusion of value engineering provisions as prescribed by FAR 48.102 and FAR 48.202 to 

the SPE for approval in accordance with 1001.7000(a)(2). Exemptions shall be retained in 

the contract file.

(b) Bureaus shall establish procedures for processing, evaluating and tracking value 

engineering change proposals (VECP). The senior accountable official (SAO) for Value 

Engineering (VE) at Treasury is the Deputy Assistant Secretary for Information Systems and 

Chief Information Officer (CIO). The agency value engineering point of contact is the 

Assistant Deputy CIO. The SAO is responsible for ensuring appropriate consideration and 

use of value engineering Department-wide (see OMB Circular A-131, “Value Engineering”). 

BCPOs are responsible for managing and monitoring value engineering efforts within their 

respective Bureaus and reporting to the agency value engineering point of contact requested 

value engineering information and data.

(c) BCPOs in coordination with the requiring activity shall consider requiring 

incorporation of value engineering clauses in appropriate subcontracts.

1048.103 Processing value engineering change proposals.

(a) Bureau technical personnel are responsible for—

(1) Conducting a comprehensive review of VECPs for technical feasibility, 

usefulness, and adequacy of the contractor's estimate of cost savings; 

(2) Making a written report; and 

(3) Recommending acceptance or rejection to the CO.

(b) Bureaus shall establish systems to track VECPs.

Subpart 1048.2—Contract Clauses

1048.201 Clauses for supply or service contracts.

(a)(6) The SPE is authorized to exempt a contract or a class of contracts from the 

requirements of FAR 48. The CO shall submit these requests in accordance with 

1001.7000(a)(2).

(h) Bureaus may establish procedures to address FAR 48.201(e).
Page 187 of 205

PART 1049—TERMINATION OF CONTRACTS

Subpart 1049.1—General Principles

1049.106 Fraud or other criminal conduct.

Submit reports of suspected fraud or other criminal conduct through legal counsel to the 

BCPO and to the cognizant IG authority, along with copies of documents or other 

information connected with the suspected violations(s). Submit a copy of the report to the 

Suspension & Debarment Advisor (SDA).

1049.107 Audit of prime contract settlement proposals and subcontract settlements.

(a) Requests are to be submitted to the Bureau’s cognizant IG authority in accordance 

with Treasury Directive 76-06, Request for Contract Audit Services.

(b) Requests are to be submitted to the Bureau’s cognizant IG authority in accordance 

with Treasury Directive 76-06, Request for Contract Audit Services.

1049.111 Review of proposed settlements.

Proposed settlement agreements shall be reviewed and approved in accordance with 

Bureau procedures.

Subpart 1049.4—Termination for Default

1049.402-8 Reporting Information.

The CO shall refer to Bureau procedures for purposes of satisfying FAR 49.402-8

requirements.
Page 188 of 205

PART 1050—EXTRAORDINARY CONTRACTUAL ACTIONS AND THE 

SAFETY ACT

Subpart 1050.1—Extraordinary Contractual Actions

1050.101-3 Records.

The CO shall forward records of contractual actions taken pursuant to Pub. L. 85-804 and 

E.O. 10789 to the OPE at OfficeoftheProcurementExecutive@treasury.gov.

1050.102-1 Delegation of authority.

The ASM/CFO is authorized to approve all actions under FAR 50, except 

indemnification actions listed in FAR 50.102-1(d).

1050.103-6 Disposition.

The CO shall submit the Memorandum of Decision required by FAR 50.103-6, including 

the contractor's request; contractor information in support of the request required by FAR 

50.103–4; and the results of the CO's investigation required by FAR 50.103–5 to the SPE for 

review in accordance with 1001.7000(b). If the SPE concurs, OPE will submit the 

Memorandum of Decision to the approving authority for action. 

1050.104-2 General.

(a) Proposals for the exercise of residual powers shall be processed using the procedures 

in 1050.103-6.

1050.104-3 Special procedures for unusually hazardous or nuclear risks.

(b)(1) The CO shall submit the Memorandum of Decision, including the contractor's 

request and information required by FAR 50.104-3(b)(1) in accordance with 1001.7000(b).
Page 189 of 205

PART 1051—USE OF GOVERNMENT SOURCES BY CONTRACTORS

[RESERVED]

There is no DTAP text implementing or supplementing FAR 51
Page 190 of 205

PART 1052—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 1052.2—Texts of Provisions and Clauses

1052.201-70 Contracting Officer's Representative (COR) appointment and authority.

See DTAR 1052.201-70, Contracting Officer's Representative (COR) appointment and 

authority for Treasury’s clause.

1052.204-70 Insider Threat Awareness Training.

As prescribed in 1004.471-5, insert the following clause:

1052.204-70 INSIDER THREAT AWARENESS TRAINING (JULY 2016)

(a) Definition. “Classified information,” as used in this clause, is defined in FAR 

2.101(b). 

(b) The Government has determined that access to classified information is necessary in 

performance of this contract. 

(c) Contractor personnel, including subcontractor personnel, determined to require access 

to classified information in performance of this contract shall successfully complete Insider 

Threat Awareness training initially and annually thereafter.

(1) Failure of a contractor employee to successfully complete the training in 

paragraph (c) of this clause will result in their access to classified information being revoked 

until such time the training is successfully completed. The Government reserves the right to 

take additional action deemed necessary to protect its interests.

(d) The Government may provide Contractor personnel access to a system for purposes 

of completing this training electronically.

(e) The Contractor shall ensure all Contractor personnel, including subcontractor 

personnel comply with the requirements of this clause.

(f) The Contractor shall include the substance of this clause in all subcontracts at any 

tier where subcontractor personnel will have access to classified information.

(End of clause)

1052.210-70 Contractor publicity.

See DTAR 1052.210-70, Contractor publicity for Treasury’s clause.

FAR 52.212-4 Contract Terms and Conditions-Commercial Items. (ALTERNATE

II) (January 2016)

As prescribed in 1012.301-70, when a commercial item contract is contemplated substitute, 

paragraphs, (s), and) for those in the basic FAR clause; and additionally, add subparagraph 

(e)(2) and paragraph (w) to the basic FAR clause.”

(e) Definitions. 

(2) As used in this clause, "Commercial supplier agreements" means terms and 

conditions customarily offered to the public by vendors of supplies or services that meet 

the definition of commercial item set forth in FAR 2.101and intended to create a binding 

legal obligation on the end user. Commercial supplier agreements (CSA) are particularly 
Page 191 of 205

common in information technology acquisitions, including acquisitions of commercial 

computer software and commercial technical data, but they may apply to any supply or 

service. The term applies-

(i) Regardless of the format or style of the document. For example, a CSA may be 

styled as standard terms of sale or lease, Terms of Service (TOS), End User License 

Agreement (EULA), or another similar legal instrument or agreement, and may be 

presented as part of an offer or quotation responding to a solicitation; 

(ii) Regardless of the media or delivery mechanism used. For example, a CSA 

may be presented as one or more paper documents or may appear on a computer or 

other electronic device screen during a purchase, software installation, other product 

delivery, registration for a service, or another transaction. 

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be 

resolved by giving precedence in the following order: 

(1) The schedule of supplies/services. 

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance 

with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial 

Supplier Agreements-Unenforceable Clauses paragraphs of this clause, 

(3) The clause at 52.212-5. 

(4) Solicitation provisions if this is a solicitation. 

(5) Other paragraphs of this clause. 

(6) Addenda to this solicitation or contract, including any license agreements for 

computer software. 

(7) The Standard Form 1449. 

(8) Other documents, exhibits, and attachments. 

(9) The specification. 

(u) Unauthorized Obligations 

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service 

acquired under this contract is subject to any CSA, that includes any language, provision, 

or clause requiring the Government to indemnify the Contractor or any person or entity 

for damages, costs, fees, or any other loss or liability that would create an AntiDeficiency Act violation (31 U.S.C. 1341), the following shall govern: 

(i) Any such language, provision, or clause is unenforceable against the 

Government. 

(ii) Neither the Government nor any Government authorized end user shall be 

deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA 

is invoked through an "I agree" click box or other comparable mechanism (e.g., 

"click-wrap" or "browse-wrap" agreements), execution does not bind the Government 

or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the 

CSA. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the 

Government that is expressly authorized by statute and specifically authorized under 

applicable agency regulations and procedures.
Page 192 of 205

(w) Commercial supplier agreements -unenforceable clauses. When any supply or 

service acquired under this contract is subject to a CSA, the following language shall be 

deemed incorporated into the CSA. As used herein, "this agreement" means the CSA: 

(1) Notwithstanding any other provision of this agreement, when the end user is an 

agency or instrumentality of the Government, the following shall apply: 

(i) Applicability. This agreement is a part of a contract between the commercial 

supplier and the Government for the acquisition of the supply or service that necessitates a 

license (including all contracts, task orders, and delivery orders under FAR 12). 

(ii) End user. This agreement shall bind the Government as end user but shall not 

operate to bind a Government employee or person acting on behalf of the Government in

their personal capacity. 

(iii) Law and disputes. This agreement is governed by Federal law. 

(A) Any language purporting to subject the Government to the laws of a U.S. 

state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law 

expressly provides for the application of such laws, is hereby deleted. 

(B) Any language requiring dispute resolution in a specific forum or venue 

that is different from that prescribed by applicable Federal law is hereby deleted. 

(C) Any language prescribing a different time period for bringing an action 

than that prescribed by applicable Federal law in relation to a dispute is hereby deleted. 

(iv) Continued performance. If the supplier or licensor believes the Government 

to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or 

other applicable Federal statute w continuing performance as set forth in paragraph (d) of this 

clause. 

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute 

arising under or relating to this agreement, (A) binding arbitration shall not be used unless 

specifically authorized by agency guidance, and (B) equitable or injunctive relief, including 

the award of attorney fees, costs or interest, may be awarded against the Government only 

when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice 

Act). 

(vi) Additional terms. 

(A) This agreement may unilaterally incorporate additional terms by 

reference. Terms may be included by reference using electronic means (e.g., via web links, 

click and accept, etc.). Such terms shall be enforceable only to the extent that: 

(1) When included by reference using electronic means, the terms are readily 

available at referenced locations; and 

(2) Terms do not materially change government obligations; and 

(3) Terms do not increase government prices; and 

(4) Terms do not decrease overall level of service; and 

(5) Terms do not limit any other Government rights addressed elsewhere in this 

contract. 

(B) The order of precedence clause of this contract notwithstanding, any software 

license terms unilaterally revised subsequent to award that is inconsistent with any material 

term or provision of this contract is not enforceable against the Government. 

(vii) No automatic renewals. If any license or service tied to periodic payment is 

provided under this agreement (e.g., annual software maintenance or annual lease term), such 
Page 193 of 205

license or service shall not renew automatically upon expiration of its current term without 

prior express Government approval. 

(viii) Indemnification. Any clause of this agreement requiring the commercial 

supplier or licensor to defend or indemnify the end user is hereby amended to provide that 

the U.S. Department of Justice has the sole right to represent the United States in any such 

action, in accordance with 28 U.S.C.516. 

(ix) Audits. Any clause of this agreement permitting the commercial supplier or 

licensor to audit the end user's compliance with this agreement is hereby amended as follows: 

(A) Discrepancies found in an audit may result in a charge by the commercial

supplier or licensor to the Government. Any resulting invoice must comply with the proper 

invoicing requirements specified in the underlying Government contract or order. 

(B) This charge, if disputed by the Government, will be resolved through 

paragraph (d) of this clause; no payment obligation shall arise on the part of the Government 

until the conclusion of the dispute process. 

(C) Any audit requested by the commercial supplier or licensor will be 

performed at the commercial supplier’s or licensor’s expense, without reimbursement by the 

Government and must be performed within the parameters of the Government’s security 

procedures. 

(D) The Contractor must notify the Contracting Officer of any audit request. 

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier 

or licensor seeks to pass along to the Government as end user will be governed by the terms 

of the underlying Government contract and, in any event, must be submitted to the 

Contracting Officer for a determination of applicability prior to invoicing unless specifically 

agreed to otherwise in the underlying contract. 

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or 

obligations thereunder be delegated, without the Government's prior approval, except as 

expressly permitted under paragraph (b) of this clause. 

(xii) Confidential information. If this agreement includes a confidentiality clause, 

such clause is hereby amended to state that neither the agreement nor the contract price shall 

be deemed "confidential information." Issues regarding release of "unit pricing" will be 

resolved consistent with the Freedom of Information Act. Notwithstanding anything in this 

agreement to the contrary, the Government may retain any confidential information as 

required by law, regulation or its internal document retention procedures for legal, regulatory 

or compliance purposes; provided, however, that all such retained confidential information

will come to be subject to the confidentiality obligations of this agreement. 

(2) If any language, provision, or clause of this agreement conflicts or is 

inconsistent with the preceding paragraph (w)(1) of this clause, the language, provisions, or 

clause of paragraph (w)(1) of this clause shall prevail to the extent of such inconsistency.

1052.219-18 Notification of competition limited to eligible 8(a) concerns - Alternate III 

(Deviation) (May 1998).

See DTAR –052.219-18, Notification of competition limited to eligible 8(a) concerns -

Alternate III (Deviation) for Treasury’s clause.
Page 194 of 205

1052.219-72 Section 8(a) direct awards.

See DTAR 1052.219-72, Section 8(a) direct awards for Treasury’s clause.

1052.219-73 Department of the Treasury Mentor-Protégé Program.

See DTAR 1052.219-73, Department of the Treasury Mentor-Protégé Program for 

Treasury’s clause.

1052.219-75 Mentor Requirements and Evaluation. 

See DTAR 1052.219-75, Mentor Requirements and Evaluation for Treasury’s clause.

1052.222-70 Minority and Women Inclusion. 

See DTAR 1052.222-70, Minority and Women Inclusion for Treasury’s clause.

1052.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

(CLASS DEVIATION) See AB 22-01 for details on Treasury’s class deviation to this 

FAR requirement

1052.224-70 Contract Publication.

As prescribed in 1024.203(c), insert the following clause:

CONTRACT PUBLICATION (OCT 2018)

(a) The Department of the Treasury (Treasury) may, at its sole discretion, publish this 

contract or portions thereof, including orders issued under the contract when deemed in the 

best interest of the Government. 

(b) To afford the Contractor an opportunity to review and propose redactions for any 

information contained in the Treasury contact that may be subject to a FOIA exemption, the 

Contractor may submit, within ten business (10) days from the date of award of this contract 

or any order issued under the contract—

(1) A pdf file of the fully executed contract or order that is suitable for publication 

and which includes all Contractor proposed redactions (e.g., trade secrets or any commercial 

or financial information that the Contractor believes to be privileged or confidential business 

information) and.

(2) A written statement identifying the portions of each proposed redactions, 

including the applicable exemption under the Freedom of Information Act (FOIA), 5 U.S.C. 

552, and, in the case of FOIA Exemption 4, 5 U.S.C. 552(b)(4), shall demonstrate why the 

information is considered to be a trade secret or commercial or financial information that is 

privileged or confidential. 

(c) Treasury will consider the Contractor’s proposed redactions and associated grounds 

for nondisclosure prior to making a determination as to what information may be properly 

withheld for purposes of publication of this contract or portions thereof.

(d) The Contractor may submit a request to the CO for additional time to complete the 

action prescribed by paragraph (b) of this clause. The lack of action by the Contractor will 

be deemed by the Government as there being no information in the Treasury contract subject 

to a FOIA exemption.
Page 195 of 205

(e) Information provided by the Contractor in response to this clause may itself be subject 

to disclosure under the FOIA. 

(End of clause)

1052.228-70 Insurance requirements.

See DTAR 1052.228-70, Insurance requirements for Treasury’s clause.

1052.232-70 Limitation of Government’s Obligation.

See DTAR 1052.232-70, Limitation of Government’s Obligation for Treasury’s clause.

1052.232-7003 Electronic submission of payment requests.

See DTAR 1052.232-7003, Electronic submission of payment requests for Treasury’s 

clause.

1052.232-39 Unenforceability of Unauthorized Obligations. (January 2016)

As prescribed in 1032.706-370, insert the following clause: 

1052.232-39 Unenforceability of Unauthorized Obligations (January 2016) 

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public 

by vendors of supplies or services that meet the definition of commercial item set forth in FAR 

2.101 and intended to create a binding legal obligation on the end user. Commercial supplier 

agreements (CSA) are particularly common in information technology acquisitions, including 

acquisitions of commercial computer software and commercial technical data, but they may 

apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled 

as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement 

(EULA), or another similar legal instrument or agreement, and may be presented as part of an 

offer or quotation responding to a solicitation; 

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be 

presented as one or more paper documents or may appear on a computer or other electronic 

device screen during a purchase, software installation, other product delivery, registration for 

a service, or another transaction. 

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired 

under this contract is subject to any CSA, that includes any language, provision, or clause 

requiring the Government to indemnify the Contractor or any person or entity for damages, costs, 

fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 

1341), the following shall govern: 

(1) Any such language, provision, or clause is unenforceable against the Government. 

(2) Neither the Government nor any Government authorized end user shall be deemed to 

have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked 

through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or 

"browse-wrap" agreements), execution does not bind the Government or any Government 

authorized end user to such clause. 

(3) Any such language, provision, or clause is deemed to be stricken from the CSA. 
Page 196 of 205

(c) Paragraph (b) of this clause does not apply to indemnification by the Government that is 

expressly authorized by statute and specifically authorized under applicable agency regulations 

and procedures. 

1052.232-70 CommercialSupplier Agreements-Unenforceable Clauses. (January 

2016)

As prescribed in 1032.706-70, insert the following clause: 

Commercial Supplier Agreements-Unenforceable Clauses (January 2016) 

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to 

the public by vendors of supplies or services that meet the definition of commercial item set 

forth in FAR 2.101 and intended to create a binding legal obligation on the end user. 

Commercial supplier agreements (CSA) are particularly common in information technology 

acquisitions, including acquisitions of commercial computer software and commercial

technical data, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be 

styled as standard terms of sale or lease, Terms of Service (TOS), End User License 

Agreement (EULA), or another similar legal instrument or agreement, and may be 

presented as part of an offer or quotation responding to a solicitation; 

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be 

presented as one or more paper documents or may appear on a computer or other 

electronic device screen during a purchase, software installation, other product delivery, 

registration for a service, or another transaction. 

(b) When any supply or service acquired under this contract is subject to a commercial 

supplier agreement, the following language shall be deemed incorporated into the 

commercial supplier agreement. As used herein, "this agreement" means the commercial 

supplier agreement: 

(1) Notwithstanding any other provision of this agreement, when the end user is an 

agency or instrumentality of the Government, the following shall apply: 

(i) Applicability. This agreement is part of a contract between the commercial 

supplier and the Government for the acquisition of the supply or service that 

necessitates a license (including all contracts, task orders, and delivery orders under 

FAR 12). 

(ii) End user. This agreement shall bind the Government as end user but shall not 

operate to bind a Government employee or person acting on behalf of the 

Government in their personal capacity. 

(iii) Law and disputes. This agreement is governed by Federal law. 

(A) Any language purporting to subject the Government to the laws of a U.S. 

state, U.S. territory, district, or municipality, or foreign nation, except where 

Federal law expressly provides for the application of such laws, is hereby deleted. 

(B) Any language requiring dispute resolution in a specific forum or venue 

that is different from that prescribed by applicable Federal law is hereby deleted. 

(C) Any language prescribing a different time period for bringing an action 

than that prescribed by applicable Federal law in relation to a dispute is hereby 

deleted. 
Page 197 of 205

(iv) Continued performance. If the supplier or licensor believes the Government 

to be in breach of the agreement, it shall pursue its rights under the Contract Disputes 

Act or other applicable Federal statute continuing performance as set forth in the 

clause at FAR 52.233-1, Disputes.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute 

arising under or relating to this agreement, (A) binding arbitration shall not be used 

unless specifically authorized by agency guidance, and (B) equitable or injunctive 

relief, including the award of attorney fees, costs or interest, may be awarded against 

the Government only when explicitly provided by statute (e.g., Prompt Payment Act 

or Equal Access to Justice Act). 

(vi) Additional terms. 

(A) This agreement may unilaterally incorporate additional terms by 

reference. Terms may be included by reference using electronic means (e.g., via 

web links, click and accept, etc.). Such terms shall be enforceable only to the 

extent that: 

(1) When included by reference using electronic means, the terms are 

readily available at referenced locations; and 

(2) Terms do not materially change government obligations; and 

(3) Terms do not increase government prices; and 

(4) Terms do not decrease overall level of service; and 

(5) Terms do not limit any other Government right addressed elsewhere in 

this contract. 

(B) The order of precedence clause of this contract notwithstanding, any 

software license terms unilaterally revised subsequent to award that is inconsistent 

with any material term or provision of this contract is not enforceable against the 

Government. 

(vii) No automatic renewals. If any license or service tied to periodic payment is 

provided under this agreement (e.g., annual software maintenance or annual lease 

term), such license or service shall not renew automatically upon expiration of its 

current term without prior express Government approval. 

(viii) Indemnification. Any clause of this agreement requiring the commercial 

supplier or licensor to defend or indemnify the end user is hereby amended to provide 

that the U.S. Department of Justice has the sole right to represent the United States in 

any such action, in accordance with 28 U.S.C. 516. 

(ix) Audits. Any clause of this agreement permitting the commercial supplier or 

licensor to audit the end user's compliance with this agreement is hereby amended as 

follows: 

(A) Discrepancies found in an audit may result in a charge by the commercial 

supplier or licensor to the Government. Any resulting invoice must comply with 

the proper invoicing requirements specified in the underlying Government 

contract or order. 

(B) This charge, if disputed by the Government, will be resolved through the 

clause at FAR 52.233-1, Disputes; no payment obligation shall arise on part of the 

Government until the conclusion of the dispute process. 

(C) Any audit requested by the commercial supplier or licensor will be 

performed at the commercial supplier’s or licensor’s expense, without 
Page 198 of 205

reimbursement by the Government. 

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier 

or licensor seeks to pass along to the Government as end user will be governed by the 

terms of the underlying contract and, in any event, must be submitted to the 

Contracting Officer for a determination of applicability prior to invoicing unless 

specifically agreed to otherwise in the underlying contract. 

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or 

obligations thereunder be delegated, without the Government's prior approval, except 

as expressly permitted under the clause at FAR 52.232-23, Assignment of Claims. 

(xii) Confidential information. If this agreement includes a confidentiality clause, 

such clause is hereby amended to state that neither the agreement nor the price list 

shall be deemed "confidential information." Issues regarding release of "unit pricing" 

will be resolved consistent with the Freedom of Information Act. Notwithstanding 

anything in this agreement to the contrary, the Government may retain any 

confidential information as required by law, regulation or its internal document 

retention procedures for legal, regulatory or compliance purposes; provided, however, 

that all such retained confidential information shall continue to be subject to the 

confidentiality obligations of this agreement. 

(2) If any provision of this agreement conflicts or is inconsistent with the preceding 

subparagraph (b)(1) of this clause, the provisions of subparagraph (b)(1) of this clause 

shall prevail to the extent of such inconsistency.

(End of clause)

1052.242-70 Postaward Conference.

As prescribed in 1042.503-70, insert a clause sustainably as follows:

POSTAWARD CONFERENCE (JAN 2017)

(a) A postaward conference will be held with the successful offeror. 

(b) The postaward conference will be held in person. The Contracting Officer or 

authorized designee will provide the Contractor with the date, time and location as well as 

agenda for the postaward conference.

(End of clause)

Alternate I (JAN 2017). If the Contractor is not required to attend the postaward 

conference in person, but will attend via an alternate method (e.g., telephone and video 

conferencing), substitute paragraph (b) with the following:

(b) The postaward conference will be held via [insert, e.g., telephone, video 

conferencing, or other method]. The Contracting Officer or authorized designee will provide 

the Contractor with the date and time along with other pertinent information, including the 

agenda for the postaward conference.

(End of clause)
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PART 1053—FORMS

Subpart 1053.1—General

1053.100 Scope of Subpart.

This subpart contains requirements and general information applicable to the forms 

prescribed in the DTAR and DTAP. Individuals shall refer to Bureau policies and 

procedures for any Bureau specific forms or additional requirements for the use of the forms 

prescribed in subpart 1053.2.

1053.101 Requirements for use of forms.

The requirements for use of the forms prescribed or referenced in this part are contained 

in parts 1001 through 1052, where the subject matter applicable to each form is addressed. 

The specific location of each requirement is identified in subpart 1053.2.

1053.102 Current editions.

The form prescriptions in subpart 1053.2 and the listing in subpart 1053.3 reflect current 

forms as of the latest edition of the DTAP. COs shall review ABs, APUs and other official 

notifications provided by OPE to ensure they are in compliance with the latest form 

requirements. COs shall use the current versions of forms unless otherwise authorized in this 

part or via the AB, APU or other notification provided by OPE. See 1053.107.

1053.103 Exceptions.

Bureaus shall not—

(a) Alter a form prescribed by this part, unless otherwise provided within—

(1) The form prescription in subpart 1053.2;

(2) The form instructions; or

(3) The FAR. Specifically, there may be instances where the DTAR or DTAP has not 

yet been amended to address a requirement in the FAR that impacts a form prescribed by this 

part. See 1001.304(a).

(b) Use for the same purpose any form other than the standard form prescribed by this 

part without receiving in advance an exception from the OPE to the form.

1053.107 Obtaining forms.

(c) Current versions of the forms prescribed by this part are available at Treasury OPE 

SharePoint.

1053.108 Recommendations concerning forms.

Users of the DTAR and DTAP may recommend new forms or the revision, elimination, 

or consolidation of the forms prescribed or referenced in this part or within the FAR. 

Recommendations shall be submitted to the OPE at 

OfficeoftheProcurementExecutive@treasury.gov.

1053.110 Continuation sheets.

Except as may be otherwise indicated in the DTAP, all Treasury standard forms 

prescribed by the DTAR and DTAP may be continued either on a plain sheet of paper, using
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Treasury OF 1050, Continuation Sheet, or, if applicable, using Treasury OF 1052, Additional 

Signature Continuation Sheet. Continuation sheets shall be annotated in the upper right-hand 

corner with the reference number of the document being continued, requirement title, and the 

serial page number.

Subpart 1053.2—Prescription of Forms

1053.200 Scope of Subpart.

This subpart identifies Treasury-prescribed standard and optional forms for use in 

acquisition. These forms are available at Treasury OPE SharePoint. Consistent with the 

approach used in the FAR this subpart is arranged by subject matter, in the same order as, 

and keyed to, the parts of the DTAP in which the form usage requirements are addressed. For 

example, forms addressed in part 1010, Market Research, are treated in this subpart in 

section 1053.210-70, Market Research; forms addressed in subpart 1016.5, IndefiniteDelivery contracts, are treated in this subpart in section 1053.216-570, Indefinite-Delivery 

contracts.

1053.201-3 Regulation forms

The following forms are prescribed as stated in this subsection. Bureaus may prescribe 

additional instructions for use of these forms.

(a) Treasury SF 1070, Business Case for proposed amendment to the FAR or DTAR, 

shall be used as specified in 1001.304(c).

(b) Treasury SF 1071, Business Case for Proposed Bureau Regulation, shall be used as 

specified in 1001.370.

1053.201-670 Ratification forms.

The following forms are prescribed as stated in this subsection for use in ratification of 

unauthorized commitments. Bureaus may prescribe additional instructions for use of these 

forms.

(a) Treasury SF 1030, Request for Ratification of an Unauthorized Commitment, shall 

be used as specified in 1001.602-3.

(b) Treasury SF 1031, Determination and Findings - Ratification of an Unauthorized 

Commitment, shall be used as specified in 1001.602-3.

(c) Treasury SF 1001, Contracting Officer Representative designation, appointment and 

authority letter, shall be used as specified in 1001.670-3.

1053.201-2 Delegation of procurement authority.

The following forms are prescribed as stated in this subsection for use in delegation of 

procurement authority. Bureaus may prescribe additional instructions for use of these forms.

(a) OPE DPA #1, Delegation of Procurement Authority – Purchase Cardholder 

Appointment/ Termination Letter. OPE DPA #1 or other Bureau form may be used in the 

delegation of procurement authority, as specified in 1001.671-3.

(b) OPE DPA #2, Delegation of Procurement Authority – Ordering Officer Appointment/ 

Termination Letter. The OPE DPA #2 or other Bureau form may be used in the delegation of 

procurement authority, as specified in 1001.671-3.
Page 201 of 205

1053.207-170 Acquisition planning.

The following forms are prescribed as stated in this subsection for use in acquisition 

planning. Bureaus may prescribe additional instructions for use of these forms.

(a) Treasury SF 1011, Acquisition Plan, shall be used as specified in 1007.103(e).

(b) Treasury SF 1006, Determination & Findings for not using Performance-Based 

Acquisition methods, shall be used as specified in 1007.105(b)(5)(i). 

(c) Treasury SF 1007, Determination that consolidation, bundling, or substantial 

bundling is necessary and justified, shall be used as specified in 1007.107(a).

1053.208-470 Federal Supply Schedules.

The following forms are prescribed as stated in this subsection for use in supporting the 

use of Federal Supply Schedules. Bureaus may prescribe additional instructions for use of 

these forms.

(a) Treasury SF 1025, Determination & Findings for Time-and-Material/Labor-hour 

orders under FAR 8.4, shall be used as specified in 1008.404(h)(3)(ii).

(b) Treasury SF 1012, Limited-Sources Justification, shall be used as specified in 

1008.405-6(c).

1053.210-70 Market research forms.

The following forms are prescribed as stated in this subsection for use in documenting 

market research. Bureaus may prescribe additional instructions for use of these forms.

(a) Treasury SF 1010, Market Research Summary Report, shall be used as specified in 

1010.002(e)(2)(i).

(b) Treasury OF 1053, Requiring Activity Market Research, shall be used as specified in 

1010.002(e)(2)(ii).

1053.211-70 Internet Protocol Version 6 forms.

The following forms are prescribed as stated in this subsection for use in documenting 

IPv6 in accordance with FAR 11.002(g) and 1011.002(g). 

(a) Treasury SF 1002, Request for Waiver of Internet Protocol Version 6 (IPv6), shall be 

used as specified in 1011.002(g). 

(b) Treasury OF 1054, Requiring Activity IPv6 Compliance Review Checklist, shall be 

used as specified in 1011.002(g).

1053.212-270 Time-and-material and Labor-hour form.

The following form is prescribed as stated in this subsection for use in accordance with 

FAR 12.207. Bureaus may prescribe additional instructions for use of the form.

(a) Treasury SF 1024, Determination & Findings for Time-and-Material/Labor-hour 

contracts – Commercial items (see FAR 12.207(b)), shall be used as specified in 

1012.207(b)(1)(ii)(A). 

1053.213-170 Simplified Acquisition Sole Source form.

The following form is prescribed as stated in this subsection for use of simplified 

procedures. Bureaus may prescribe additional instructions for use of the form.
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(a) Treasury SF 1009, FAR 13.106-1(b) Sole source justification for acquisitions under 

the simplified acquisition threshold, shall be used as specified in 1013.106(b).

1053.213-570 Test Program for Certain Commercial Items.

The following form is prescribed as stated in this subsection for use of simplified 

procedures using FAR 13.5. Bureaus may prescribe additional instructions for use of the 

form.

(a) Treasury SF 1013, Justification & Approval for FAR 13.5 Sole Source (including 

brand name) acquisitions, shall be used as specified in 1013.501(a)(1)(ii).

1053.216-570 Indefinite-Delivery contracts.

The following form is prescribed as stated in this subsection for use in support of

indefinite-delivery contracts. Bureaus may prescribe additional instructions for use of the 

form.

(a) Treasury SF 1014, Justification for an Exception to Fair Opportunity, shall be used 

as specified in 1016.505(b)(2)(ii)(B).

1053.216-670 Time-and-material and Labor-hour form.

The following form is prescribed as stated in this subsection for use in accordance with 

FAR 16.6. Bureaus may prescribe additional instructions for use of the form.

(a) Treasury SF 1023, Determination & Findings for a Time-and-Material/Labor-hour 

contract under FAR 16.6 - Non-Commercial items, shall be used as specified in 

1016.601(d)(1).

1053.217-270 Option forms.

The following forms are prescribed as stated in this subsection for use in accordance 

with FAR 17.2. Bureaus may prescribe additional instructions for use of these forms.

(a) Treasury SF 1008, Determination of inclusion and evaluation of options, shall be 

used as specified in 1017.205. 

(b) Treasury SF 1026, Determination to exercise an option, shall be used as specified in 

1017.207(b).

1053.217-5 Treasury Intradepartmental Purchase Request.

As prescribed in the Treasury Interagency Agreement Guide, for assisted acquisition 

agreements between Treasury Bureaus, for assisted acquisition agreements between Treasury 

Bureaus (using other Bureau’s contracts), Treasury may use the Treasury Intradepartmental 

Purchase Request (TIPR) form in lieu of the GWA form. The TIPR form is available at:

https://home.treasury.gov/system/files/281/TIPR-04-15-2013.pdf

1053.219-770 Subcontracting plan forms.

The following forms are prescribed as stated in this subsection for use in supporting the 

small business subcontracting plan requirements described in FAR 19.7. 

(a) Treasury SF 1019A, Subcontracting Plan, shall be used as specified in 1019.705-3.

(b) Treasury SF 1019B, Subcontracting Plan Checklist, shall be used as specified in 

1019.705-570.
Page 203 of 205

(c) Treasury SF 1020, Subcontracting Performance Evaluation Report, shall be used as 

specified in 1019.706.

1053.242-570 Postaward conference form.

The following form is prescribed for use in documenting the postaward conference as 

prescribed by FAR 42.503. Bureaus may prescribe additional instructions for use of the 

form. 

(c) Treasury SF 1042, Postaward Conference Summary Report, shall be used as specified 

in 1042.503-3.

Subpart 1053.3—Illustration of Forms

1053.303-70 Agency forms.

This section lists Treasury-specified forms. To access these forms, go to Treasury OPE 

SharePoint: 

Form Name Form Number

Delegation of Procurement Authority – Purchase 

Cardholder Appointment/ Termination Letter

OPE DPA #1

Delegation of Procurement Authority – Ordering Officer 

Appointment/ Termination Letter

OPE DPA #2

Contracting Officer Representative 

designation, appointment and authority letter 

SF 1001

Request for Waiver of Internet Protocol Version 6 SF 1002

Reserved SF 1004

Reserved SF 1005

Determination & Findings for not using PerformanceBased Acquisition methodsSF 1006

Determination that consolidation, bundling, or 

substantial bundling is necessary and justified

SF 1007

Determination of inclusion and evaluation of options SF 1008

FAR 13.106(b) Sole source justification for acquisitions 

under the simplified acquisition threshold

SF 1009

Market Research Summary Report SF 1010

Acquisition Plan SF 1011

Limited-Sources Justification SF 1012

Justification & Approval for FAR 13.5 Sole Source SF 1013

Justification for an Exception to Fair Opportunity SF 1014

Reserved SF 1015

Reserved SF 1016

Reserved SF 1017

Reserved SF 1018

Subcontracting Plan SF 1019A

Subcontracting Plan Checklist SF 1019B

Subcontracting Performance Evaluation Report SF 1020

Reserved SF 1021
Page 204 of 205

Reserved SF 1022

Determination & Findings for a Time-andMaterial/Labor-hour contract under FAR 16.6 - NonCommercial itemsSF 1023

Determination & Findings for Time-andMaterial/Labor-hour contracts – Commercial items (see 

FAR 12.207(b)) 

SF 1024

Determination & Findings for Time-andMaterial/Labor-hour orders under FAR 8.4SF 1025

Determination to exercise an Option SF 1026

Reserved SF 1027

Reserved SF 1028

Reserved SF 1029

Request for Ratification of an Unauthorized 

Commitment

SF 1030

Determination and Findings - Ratification of an 

Unauthorized Commitment

SF 1031

Postaward Conference Summary Report SF 1042

Business Case for proposed amendment to the FAR or 

DTAR 

SF 1070

Business Case for Proposed Bureau Regulation SF 1071

Continuation Sheet OF 1050

Reserved OF 1051

Additional Signature - Continuation Sheet OF 1052

Requiring Activity Market Research OF 1053

Requiring Activity IPv6 Compliance Review Checklist OF 1054
Page 205 of 205

Subpart 1053.70—Acquisition Documentation Matrix

1053.7000 Scope.

The scope of this subpart is to provide in a concise and easy to use manner the 

documentation required by the FAR, DTAR, DTAP in relation to various common 

procurement actions. This subpart does not capture all of the FAR, DTAR, or DTAP

required documentation nor any Bureau specific required documentation. Acquisition 

personnel are still responsible for reviewing the FAR, DTAR, DTAP and Bureau specific 

requirements to ensure they comply with the policies and procedures therein. 

1053.7001 DTAP form matrix.

This section provides a matrix reflecting DTAP forms that have been created to support 

various FAR, DTAR, and DTAP requirements. Many of these forms are the responsibility of 

the CO for completing. However, in many instances the CO will need to collaborate or request 

input from other members of the acquisition team (e.g., the program office/requiring activity 

representative) in order to sufficiently complete these forms. The DTAP form matrix is 

available at Treasury OPE SharePoint.

1053.7002 Procurement request document matrix.

This section provides the most common documents that are submitted to the contracting 

activity by the requiring activity as part of a procurement request (also referred to as 

procurement package, PR package). Many of these documents are collaborative, therefore the 

requiring activity should complete as much as possible, including obtaining signatures where 

applicable, as part of the submission of the procurement request. The lack of compliance with 

these requirements and associated policies and procedures may result in a delay in the 

contracting activity’s ability to timely process the procurement request. The procurement 

request document matrix is available at Treasury OPE SharePoint .