• • • • 

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;:..:::....~ ""9. RECLAMATION AND ENFORCEMENT Transmittal Numb«: 

793 

\- DIRECTIVES SYSTEM Date: 0 -2-

Su~~; Uniform Contract 

Reclama t [Jo~PJh i e,c ts) 

Approval: 7/ ;/r/. .J./ ' I ..tJir.:"f 

Review System (Except Federal Emergency 

I Title: · Ad:ing Director 

1. Purpose. This directive prescribes policy, defines 

responsibilities, and sets forth procedures for administrative 

review and oversight of contract actions, as required by 

Department of the Interior Acquisition Regulation System (DIAR) 

1401.7101-4. Additionally, this directive provides guidance 

regarding administrative review procedures for contract actions, 

as defined by Federal Acquisition Regulation (FAR) 2.101, with 

estimated values of $25,000 or less and exceeding $25,000. This 

directive excludes contracting for Federal Emergency Reclamation 

Projects as guidance for Federal emergency reclamation 

contracting is covered in Directive AML-4, dated 07/30/92 and 

Change Notice 1-2) • 

2. summary. This directive provides for the conduct of 

administrative reviews of all contract actions and supporting 

files prior to award (pre-solicitation/pre-award) by the 

applicable review process in accordance with dollar thresholds 

stipulated herein. This directive does not replace the other 

contract transaction-review requirements stated in DIAR 

1401.7101-2, DIAR 1401.7101-3, and Parts 211 through 255 of the 

Departmental Manual (OM). 

' ' .• 

3. Definitions. 

a. Contract Review Board. A group of individuals 

consisting of a Contract Review Board Chairperson (or designated 

alternate) and a minimum of two Contract Review Board Members. 

At least one Contract Review Board Member must be a Contract 

Specialist. The Contract Review Board Chairperson is responsible 

for appointing the other Contract Review Board member(s) from 

various technical and administrative disciplines, as appropriate. 

The Contract 'specialist assigned the contract action may not 

serve as a member of the Contract Review Board. 

OSM/103 7122/86 

I 
b. Contract Review Board Chairperson. An individual at 

the Division Chief or ,equivalent Field Office level, or a 

Supervisory Contracting Official one level above the cognizant 

Contracting Officer responsible for execution of the contract. 

Typically, this would be the Contracting Branch or Division 

Chief, or as appropriate, the Chief of the Contracting Office, as 

defined by DIAR 1402.1. The Division Chief or equivalent is 

responsible for appointing an Alternate Contract Review Board 

Chairperson. 

c. Contract Action. All types of commitments that 

obligate the Government, such as awards and notices of awards; 

job orders or task letters issued under basic ordering 

agreements; letter contracts; orders, such as purchase orders, 

orders under Federal Supply Schedules; and, bilateral contract 

modifications. 

d. Contract Specialist. An individual classified in the 

Contracting Series, GS-1102. A contract Specialist may serve as 

an Independent Reviewer or as a member of the Contract Review 

Board; however, the Contract Specialist assigned the contract 

action may not serve as a member of the Contract Review Board or 

Independent Reviewer. 

e. Contracting Officer. An individual delegated the 

authority to enter into, administer, andjor terminate contracts, 

and make related determinations and findings subject to the 

limitations set forth on his/her respective warrant. The 

cognizant Contracting Officer responsible for the execution of 

the contract action may not serve as a contract Review Board 

Chairperson, Contract Review Board Member, or Independent 

Reviewer. 

f. Independent Reviewer. An individual appointed by the 

Chief of the Contracting office, and must be at least one level 

above the Contracting Officer responsible for execution of the 

contract action. The Contract Specialist assigned the contract 

action may not serve as the Independent Reviewer. 

g. Cognizant Reviewer. A contracting Officer responsible for execution of a contract action $25,000 or less. 

2 
4. P9lioy/Proce¢ures. 

a. Responsibilities. 

(1) The Head of the Contracting Activity is 

responsible for: 

(a) managing the office-wide contracting activity; 

(b) establishing administrative review and 

approval requirements for all contract actions with estimated 

values of $25,000 or less and exceeding $25,000; 

(c) obtaining the approval of the Director, 

Office of Acquisition and Property Management, Department of the 

Interior, for the Office of surface Mining Reclamation and 

Enforcement's contract action administrative review system; 

(d) identifying types and dollar amounts of the 

actions to be reviewed based on the volume and nature of the 

contracting office workload; 

(e) designating stage(s) in the acquisition 

process when the review(s) shall be performed; 

(f) establishing information required for review 

of the action including a review and approval form and mechanism 

for follow-up on correction of deficiencies noted in the review; 

and, 

(g) providing for periodic review of procedures, and revising as required, to assure necessary controls are 

maintained. 

(2) Headquarters Assistant Director. Administrative 

services and Assistant pirectors. Eastern Support Center and 

Western Support Center shall ensure compliance with this 

directive. 

(3) Cbief. pivision of Management Services. 

Headquarters, is responsible for: 

(a) serving as Contract Review Board Chairperson 

when contract actions exceed $500,000; 

(b) designating an experienced person in 

contractual and procurement matters as Alternate Contract Review 

Board Chairperson, as appropriate, when contract actions exceed 

$500,000; 

3 
(c) designating Contract Review Board 

Chairpersons, as appropriate, 

(d) ensuring compliance with this directive, as 

appropriate; and, 

(e) monitoring and revising this directive as 

required. 

(4) Chiefs. Administrative Seryices Division. Eastern 

and Western Support Centers, are responsible for: 

(a) serving as Contract Review Board Chairperson 

when contract actions exceed $500,000; 

(b) designating an experienced person in 

contractual and procurement matters as Alternate contract Review 

Board Chairperson, as appropriate, when contract actions exceed 

$500,000; 

(c) designating Contract Review Board 

Chairpersons, as appropriate; 

(d) monitoring the implementation of this 

directive, as appropriate; 

(e) recommending revisions to this directive, as 

appropriate and upon request; and, 

(f) ensuring compliance with this directive, as 

appropriate. 

(5) Contract Review Board Chairperson is responsible 

for: 

(a) appointing Contract Review Board members based 

on recommendations from Supervisory Contracting Official or 

cognizant contracting Officer; 

(b) establishing and presiding over the Contract 

Review Board; 

(c) acting as liaison between the Contract Review 

Board and cognizant Contracting Officer; 

(d) resolving issues within the Contract Review 

Board and consolidating comments and recommendations; 

4 
(e) preparing written documentation of findings and providing them to the cognizant Contracting Officer to be 

considered and incorporated as part of the official contract 

file; and, 

(e) completing Review Checklist (Appendix 1) 

Review Board Report (Appendix 2). 

(6) Independent Reyiewer or Alternate is responsible 

for the review of contract actions valued between $25,001 and 

$500,000. The Independent Reviewer, who shall~ under any 

circumstances, be the contract action's cognizant Contracting 

Officer, or cognizant Contract Specialist, will complete Review 

Checklist (Appendix 1) and Independent Reviewer Report (Appendix 

3) of this directive. 

(7) Contract Review Board Members are responsible for: 

(a) reviewing and examining contract actions with 

estimated values exceeding $500,000 and any other supporting 

documentation; 

(b) completing Review Checklist (Appendix 1), as 

appropriate, and making checklist a part of the Contract Review 

Board report; · 

(c) completing Report Memorandum (Appendix 4), as 

appropriate; 

(d) ensuring that contract actions and supporting 

documentation are in accordance with all applicable requlations, 

policies, and procedures (i.e., FAR, DIAR, OM, Federal 

Information Resources Management Requlation, etc.); 

(e) providing advice to the Contract Review Board 

Chairperson, as appropriate; and, 

(f) preparing written documentation of findings 

and recommendations to be submitted to the Contract Review Board 

Chairperson, as appropriate. 

(8) Contract Specialist (assigned the contract action) 

is responsible for: 

(a) furnishing the contract action and supporting 

file to the Contract Review Board Chairperson or Independent 

Reviewer as well as any other information requested during the 

conduct of the review; 

5 
(b) presenting an oral briefing to the Contract 

Review Board Chairperson or Independent Reviewer upon request; 

(c) apprising the cognizant technical personnel 

of the date, time, and location of the briefing, when required by 

the contract Review Board Chairperson or Independent Reviewer; 

and, 

(d) executing the recommendations of the Contract 

Review Board or Independent Reviewer as considered appropriate by 

the cognizant Contracting Officer. 

(9} Supervisory Contracting Official is responsible 

for: 

(a} serving as an Independent Reviewer or 

contract Review Board Chairperson, as appropriate or when 

appointed; 

(b) serving as a member of the Contract Review 

Board, as appropriate; 

(c) recommending a Contract Specialist to serve 

as a Board member; 

(d) recommending a technical/administrative 

person experienced in contractual and procurement matters to 

serve as a Board member; 

(e) correcting and resolving noted deficiencies 

in the submitted report(s), as appropriate; and, 

(f) documenting resolution of recommendations, as 

required. 

(10) Cognizant Contracting Officer is responsible for: 

(a) obtaining Office of the Solicitor's review of 

prospective contract actions with estimated values exceeding $100,000; 

(b) correcting and resolving all noted 

deficiencies and areas or items of questionable acceptability; 

6 
(c) completing Contracting Officer's Report (Appendix 5); and, 

(d) executing the contract action. 

b. Procedures. 

(1) Scope/Function. Administrative reviews of 

contract actions are mandatory for all small purchases and 

contract actions with estimated values of $25,000 or less and 

exceeding $25,000 and shall comply with the FAR, the DIAR, and 

office-wide policies/procedures. 

Independent contract reviews, or reviews by Contract Review Board 

action, are advisory in nature, the objectives of which are: 1) 

to review contract actions prior to award; 2) report any noted 

deficiencies to the cognizant Contracting Officer; and, 3) offer 

recommendations for corrective actions or means of resolution. 

Contract actions shall not be released to contractors for 

signature until all items addressed by the administrative review 

process have been resolved by the cognizant Contracting Officer. 

Contract action review shall entail the following as outlined by 

dollar threshold and Appendix 6: 

(a) $25.000 or less: At the discretion of the 

Cognizant Contracting Officer, complete the applicable small 

purchase checklist prior to release of the contract action to the 

contractor. 

(b) $25.001 through $500.000: An Independent 

Review will be performed on all prospective contract actions with 

estimated values between $25,001 and $500,000. Contract actions 

with estimated values exceeding $100,000 require a review by the 

Office of the Solicitor. 

(c) Values Exceeding $500.000: Review by a 

Contract Review Board and the Office of the Solicitor will be 

required for all prospective contract actions with estimated 

values exceeding $500,000. 

(2) Instructions for tbe Conduct of Reyiew. 

(a) The contract Review Board Chairperson or 

Independent Reviewer may request, as appropriate, the 

participation of specialists in various technical and 

administrative disciplines. Specialists who participate in the 

review process provide advice used in developing a basis for any 

resultant findings and recommendations made by the Contract 

7 
Review Board Chairperson or Independent Reviewer. 

(b) Due to the diversity of contract actions 

involved and the dynamic nature of the acquisition process, the 

method for conducting reviews or specific time tables is not 

prescribed. Discretionary judgment is permitted in determining 

the si9nificant areas for consideration. However, reviews shall 

be completed within three working days or a specific time table 

as agreed by Board Chairperson or Independent Reviewer and 

cognizant Contracting Officer. The Contract Specialist 

(Contracting Officer, peer Contract Specialist) review includes 

the completion of appropriate checklists. 

(c) The integrity throughout the acquisition 

process of items identified and/or discussed in support files is 

significant to every contract action. Therefore, reviewer(s) 

shall: 1) treat these items with special care and consider their 

effect on the proposed contract instrument; 2) examine documents 

that make up the support file so findings and conclusions 

reported are in consonance with the contents of the contract 

instrument; and, 3} make sure documents are within the intent of 

the guidelines and constraints set forth in the FAR, DIAR, other 

applicable legal and administrative procedures and policies. 

(3) Documenting Reports. 

(a) For review uniformity,'Appendices 1-5 are 

provided and reports must conform to this established format. 

(b) The Contract Review Board or Independent 

Reviewer shall develop a written report (Appendices 1-4, as 

applicable). These reports shall treat each substantive area or 

item of consideration in such a manner as to identify the present 

or potential problems andjor deficiencies. The report shall also 

discuss findings and recommendations of the Contract Review Board 

or Independent Reviewer and their effect on the proposed contract 

action. While unanimity of the recommendations is desirable and 

should prevail, opposing views involving items of importance 

shall also be addressed. The contract Review Board Chairperson 

or Independent Reviewer shall be responsible for the consolidated 

submission to the cognizant Contracting Officer within three 

working days or as agreed by Board Chairperson or Independent 

Reviewer and cognizant contracting Officer. 

(c) The cognizant contracting Officer shall 

consider all recommendations made by the Contract Review Board or 

Independent Reviewer. The cognizant Contracting Officer shall 

prepare a written report (Appendix 5) addressing the 

considerations given to the recommendations submitted. This 

report shall be documented as part of the official contract file. 

8 
5. Reporting Requirements. None 

6. Effect on Other Documents. None 

7. References. 

a. Department of the Interior Acquisition Regulation 

(DIAR) system, 48 CFR, Part 1401.7101-4(a)(b) 

b. Federal Acquisition Regulation, 48 CFR 

c. Departmental Manual (DM) 

d. DIAR 1401.7101-2 

e. DIAR 1401.7101-3 

f. DIAR 1401.7101-4 

g. DIAR 1402.1 

h. Federal Information Resources Management Regulation 

8. Effective Date. Upon Issuance 

9. Contact. Division of Management services, 

(202) 343-3009, FTS (202) 343-3009. 

10. Keywords. Contract Review Board 

Independent Reviewer 

Contract Actions 

11. ADpepdioes. 

Appendix 1 

Appendix 2 

Appendix 3 

Appendix 4 

Appendix 5 

Appendix 6 

Review Checklist 

Independent Reviewer Report 

contract Review Board Report 

Report Memorandum 

contracting Officer's Report 

Matrix 

9 
REVIEW CHECKLIST 

APPENDIX l 

ACTION NO.: DATE: 

CONTRACT SPECIALIST: 

NOT 

ACTION ACCEPTED ACCEPTED N/A COMMENTS/REF 

DI-1 Requisition [ ] [ ] [ J [ ] 

SOW/Specs 

Noncompetitive [ l [ ] [ ] [ ] 

Justification 

Approvals/Clearances[ ] [ ] [ ] [ ] 

Advisory Assistance [ l [ l [ ] [ ] 

ADP [ ] [ l [ ] [ l 

DI-1886 Review Form [ ] [ ] [ ] [ ] 

Nonpersonal services[ l [ ] [ ] [ ] 

Determination 

Wage Determination [ ] [ ] [ ] [ ] 

Other Determinations[ ] [ ] [ ] [ ] 

Source List [ ] [ ] [ l [ ] 

CBD synopsis [ J [ ] [ l [ ] 

General Provisions [ ] [ ] [ ] [ ] 

Other Provisions 

Certification & 

Disclosure [ ] [ ] [ l [ ] 

Solicitation Issue [ ] [ ] [ ] [ l 

Date 

Opening/Closing [ ] [ ] [ l [ ] 

Dates 

Pre-Negotiation memo[ ] [ ] [ ] [ ] 

Technical Evaluation[ ] [ ] [ l [ ] 

Cost/Price Analysis [ ] [ ] [ ] [ ] 

Field Pricing [ ] [ ] [ ] [ ] 

Support 

Weighted Guidelines [ ] [ ] [ ] [ ] 

Competitive Range [ ] [ ] [ ] [ ] 

Determination 

Source Selection [ ] [ ] [ ] [ ] 

Negotiations [ ] [ ] [ ] [ ] 

Request for BAFO's [ ] [ l [ l [ ] 

Receipt of BAFO's [ ] [ ] [ ] [ ] 

EEO Compliance [ l [ J [ J [ ] 

Responsibility [ ] [ ] [ ] [ ] 

Determination 

Disclosure Form [ ] [ l [ ] [ ] 

Legal Review [ ] [ l [ ] [ l 

Contract Review [ ] [ ] [ ] [ ] 

Resolution of [ ] [ 

Deficiencies 

] [ ] [ l 

Target Award Date [ l [ ] [ ] [ ] 
CONTRACT REVIEW BOARD REPORT 

APPENDIX 2 

ACTION NO.: SPECIALIST: 

SCHEDULED AWARD DATE: CONTRACTING OFFICER: 

REVIEW NO.: DATE: 

TYPE OF REVIEW ACTION: ESTIMATED VALUE: 

TYPE OF CONTRACT: ACTIVITY: 

REQUIREMENT: 

CHAIRPERSON: BOARD MEMBER (CONT SPEC): 

CHAIRPERSON TITLE: BOARD MEMBER (TECH/ADMIN): 

CHAIRPERSON SIGNATURE: BOARD MEMBER (TECH/ADMIN): 

COMMENTS: IF MORE SPACE IS NEEDED, ATTACH SEPARATE SHEETS 

HERETO. 

1. 

2. 

3. 

APPROVED AS SUBMITTED: [_] Yes 

APPROVED CONDITIONALLY: [_] Yes 

Conditions for Approval: 

DISAPPROVED: [_] Yes 

Reasons for Disapproval: 

4. FINDINGS: 

5. CONCLUSIONS: 

6. RECOMMENDATIONS: 

[_]No 

[_]No 

[_]No 
INDEPENDENT REVIEWER REPORT 

APPENDIX 3 

ACTION NO.: SPECIALIST: 

SCHEDULED AWARD DATE: CONTRACTING OFFICER: 

REVIEW NO.: DATE: 

TYPE OF REVIEW ACTION: ESTIMATED VALUE: 

TYPE OF CONTRACT: ACTIVITY: 

REQUIREMENT: 

INDEPENDENT REVIEWER: PANEL MEMBER (CONT SPEC): 

REVIEWER TITLE: PANEL MEMBER: 

REVIEWER SIGNATURE: PANEL MEMBER: 

COMMENTS: IF MORE SPACE IS NEEDED, ATTACH SEPARATE SHEETS 

HERETO. 

1. 

2. 

3. 

APPROVED AS SUBMITTED: [_] Yes 

APPROVED CONDITIONALLY: [_] Yes 

Conditions for Approval: 

DISAPPROVED: [_] Yes 

Reasons for Disapproval: 

4 . FINDINGS : 

5. CONCLUSIONS: 

6. RECOMMENDATIONS: 

[_] No 

[_]No 

[_]No 
ACTION NO,: 

REVIEW NO.: 

REVIEWER: 

REVIEWER TITLE: 

REVIEWER SIGNATURE: 

REPORT MEMORANDUM 

APPENDIX 4 

SPECIALIST: 

DATE: 

1. EXCEPTIONS TO REVIEW FINDINGS: [_] Yes [_] No 

2. AREAS OF EXCEPTION: 

3. REASONS FOR EXCEPTIONS: 

4 • FINDINGS : 

5. CONCLUSIONS: 

6, RECOMMENDATIONS: 
• 

COGNIZANT CONTRACTING OFFICER'S REPORT 

APPENDIX 5 

ACTION NO.: 

REVIEW NO.: 

CONTRACTING OFFICER: 

CONTRACTING OFFICER SIGNATURE: 

1. 

2. 

3. 

ACCEPTANCE OF REVIEW FINDINGS: 

CONTRACT ACTION/SUPPORTING 

DOCUMENTATION TO BE REVISED 

IN ACCORDANCE WITH FINDINGS: 

EXCEPTIONS TO REVIEW FINDINGS: 

4. REASONS FOR EXCEPTIONS: 

5. CONTRACT ACTION/SUPPORTING 

DOCUMENTATION TO BE REVISED 

IN ACCORDANCE WITH EXCEPTIONS: 

6. CONCLUSIONS: 

7. RECOMMENDATIONS: 

SPECIALIST: 

DATE: 

[_] Yes [_] No 

[_] Yes [_] No 

[_] Yes [_] No 

[_] Yes [_] No 
·' . 

THRESHOLD 

$25,000 or 

Less 

$25,001 to 

$500,000 

REVIEW BY 

Cognizant 

Contracting 

Officer 

Independent 

Reviewer 

MATRIX 

APPENDIX 6 

ACTION(S) 

- At discretion of cognizant 

Contracting Officer and in 

accordance with FAR, Department 

or Bureauwide small purchase 

policies/procedures and 

applicable checklists, release 

contract actions for execution. 

- An Independent Reviewer is 

appointed by the Contracting 

Officer at one level above. 

- As appropriate, the Independent 

Reviewer may establish a panel 

to assist in the review. 

- Complete Review Checklist 

(Appendix 1). 

- Complete Independent Reviewer 

Report of Findings and 

Recommendations; forward to 

contracting Officer for 

consideration (Appendices 

2-4). 

- cognizant_contracting Officer 

reviews findings and 

recommendations as submitted 

and completes the Contracting 

Officer's Report (Appendix 5). 

- All documentation becomes part 

of the official contract file. 
:i t ~ ' 

THRESHOLD REVIEW BY 

Over $500,000 Contract 

Review 

Board 

ACTION(S) 

- Contract Review Board Chairperson is one level above the 

Contracting Officer responsible 

for execution of the contract; 

Division Chief or equivalent 

Field Operations level. 

- As appropriate, the Chairperson 

appoints the other members of 

the Board, consisting of at 

least one Contract Specialist 

(not assigned contract action 

responsibility), and subject 

matter expert. 

- Complete Review Checklist 

(Appendix 1). 

- Complete Contract Review Board 

Report of Findings and 

Recommendations; forward to 

Contracting Officer for 

consideration (Appendices 

2-4). 

- Cognizant Contracting Officer 

reviews findings and 

recommendations as submitted 

and completes the Contracting 

Officer's Report (Appendix 5). 

- All documentation becomes part of 

the official contract file.