Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 48 - Federal Acquisition Regulations System |
Chapter 3 - Health and Human Services |
SubChapter B - Competition and Acquisition Planning |
Part 307 - Acquisition Planning |
Subpart 307.1 - Acquisition Plans |
§ 307.104 - General procedures.
-
(a) Each contracting activity shall prepare an Annual Acquisition Plan (AAP) as far in advance of each fiscal year as possible, in accordance with the following:
(1) The AAP shall contain all anticipated acquisition actions for the coming fiscal year that exceed the simplified acquisition threshold, including new acquisitions and contract/order modifications. The AAP must include—
(i) The aggregate dollars planned for simplified acquisitions by quarter;
(ii) Any long lead-time acquisitions that will be awarded in future fiscal years ( see paragraph (c) below); and
(iii) Proposed multi-agency and intra-agency contracts— see 317.70.
(2) The HCA or the CCO, as appropriate, shall prepare the AAP and obtain the information needed for its preparation from the responsible program planning/budget office and/or the program offices.
(3) Contracting activities shall use the AAP for reporting purposes and workload scheduling and monitoring.
(4) The HCA/CCO and Small Business Specialist (SBS) in the Office of Small and Disadvantaged Business Utilization (OSDBU) shall review the AAP at least quarterly, with input from the cognizant program office, and modify it, as appropriate, during the fiscal year, with updated information, particularly regarding the specific acquisition method the contracting activity plans to use.
(5) HHS requires use of a standard format for an AAP. The template for the plan is available on the ASFR/OGAPA/DA Internet Web site. For the data elements specified in the AAP format, the HCA/CCO may include information in addition to that required by the standard instructions accompanying the format.
(b) As early as possible following completion of the AAP, the Contracting Officer shall initiate discussions with the assigned Project Officer, in consultation with the OSDBU SBS, for each action that exceeds the simplified acquisition threshold. As appropriate, the discussions shall include—
(1) Determining the intended acquisition strategy and contract/order type, including the use of options;
(2) Reviewing the SOW, if available, for adequacy and ensuring that a PWS is used for services, where practicable;
(3) Evaluating the potential for, and maximizing the use of, competitive procedures;
(4) Performing market research, identifying potential sources, and determining set-aside potential and small business subcontracting opportunities;
(5) Assessing the availability of commercial items;
(6) Determining required clearances/approvals and supporting documentation; and
(7) Preparing an acquisition milestone schedule;
(8) Determining the best multi- or intra-agency contracting activity to assist in awarding a contract on the requiring organization's behalf, if applicable; and
(9) Determining in the case of direct ordering that the chosen acquisition vehicle is the best way to obtain the required product or service, if a vehicle other than those listed in 317.7002(b) is proposed.
(c) The HCA or designee (not lower than the CCO) shall establish standard lead-times for processing various types of acquisitions and applicable fiscal year deadlines for receipt of requirements to allow for well-planned and timely awards. The Project Officer shall initiate planning, to the extent possible, for certain requirements, such as major capital IT investments, major capital construction investments, and R & D projects that require peer review, at least 24 months before planned award, given the clearance/approval requirements and lead-time required for such complex acquisitions.
(d) The outcome of the discussions referenced in paragraph (b) above shall be an agreement concerning the acquisition approach and documentation required. For those actions that require development of a written AP— see 307.7101, for which the Project Officer has ultimate responsibility, these discussions shall also result in an agreement concerning—
(1) Which elements of the AP the Contracting Officer will assist the Project Officer in preparing; and
(2) The date (as specified in the milestone schedule) the Project Officer will provide the AP to the CCO or designee.