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Navy Marine Corps Acquisition Regulation Supplementnmcars

Navy Marine Corps Acquisition Regulation Supplement


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PART 5217 SPECIAL CONTRACTING  METHODS

      SUBPART 5217.1 MULTI-YEAR CONTRACTING

           5217.105 Policy.

                5217.105-1 Uses.

           5217.170 General.

           5217.171 Multiyear contracts for services.

           5217.172 Multiyear contracts for supplies.

                5217.172-90 Multiyear contracts for supplies.

           5217.174 Multiyear contracts for electricity from renewable energy sources.

      SUBPART 5217.2 OPTIONS

           5217.204 Contracts.

           5217.207 Exercise of Options.

      SUBPART 5217.5 INTERAGENCY ACQUISITIONS

           5217.502 Procedures.

                5217.502-1 General.

                5217.502-2 The Economy Act.

      SUBPART 5217.7 INTERAGENCY ACQUISITIONS: ACQUISITIONS BY NONDEFENSE AGENCIES ON BEHALF OF THE DEPARTMENT OF DEFENSE

           5217.703 Policy.

           5217.770 Procedures.

      SUBPART 5217.74 UNDEFINITIZED CONTRACT ACTIONS

           5217.7402 Exceptions.

           5217.7404 Limitations.

                5217.7404-5 Exceptions.

           5217.7405Plans and Reports.

 

SUBPART 5217.1 MULTI-YEAR  CONTRACTING

 

5217.105 Policy.

 

5217.105-1 Uses.

(b) HCAs have authority to award multi-year  contracts, subject to restrictions contained in the FAR and DFARS. For multi-year  procurements authorized by law, HCAs shall make the required determinations.

 

5217.170 General.

(b) HCAs shall submit to DASN(AP) the required  congressional notification for termination of any multi-year contract by email at  RDAJ&As.fct@navy.mil with the subject [Activity Name] DFARS 217.170 Multiyear  Contract Termination - Congressional Notification following the format prescribed in  5205.303. Email notifications are required to be submitted at least 45 days before  termination.

(d)(4) At least 45 days before contract award,  HCAs shall submit to DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject  [Activity Name] DFARS 217.170 - Multiyear Contract Congressional Notification all  required congressional notifications set forth in DFARS 217.170(d)(1) following the  format prescribed in 5205.303 for any of the following notifications:

 

5217.171 Multiyear contracts for  services.

(c) HCAs are delegated the authority, without  power of redelegation, to make the written determination required by DFARS 217.171(c).

 

5217.172 Multiyear contracts for  supplies.

(b) HCAs are delegated the authority, without  power of redelegation, to make the determinations required by FAR 17.105-1 and DFARS  217.172(b).

(h) HCAs shall ensure the conditions required in  DFARS 217.172(h) are satisfied prior to entering into a contract.

(2)(viii) At least 45 days prior to contract  award, notifications will be submitted to DASN(AP) by email at RDAJ&As.fct@navy.mil  with the subject [Activity Name] DFARS 217.170 -Multiyear Contract for Supplies -  Congressional Notification. Contracting officers shall verify that the required  Congressional notification has been made and the time limit for award has been satisfied  before executing contract award.

 

5217.172-90 Multiyear contracts for  supplies.

(f)(2) HCAs shall submit a copy of the  determinations and findings to RDAJ&As.fct@navy.mil with the subject [Activity  Name] Multiyear Contract for Supplies >$678.5M Review and Approval prior to  entering into a contract.

 

5217.174 Multiyear contracts for  electricity from renewable energy sources.

(a) Only COMNAVFACENGCOM has the authority to  award contracts pursuant to this section.

 

SUBPART 5217.2 OPTIONS

 

5217.204 Contracts.

(e)(i) Approval for use of contract terms in  excess of the limitations specified in FAR 17.204(e) shall be supported by a valid  written determination and obtained prior to solicitation. Approval shall be at a level  not lower than the CCO. This requirement is waived if the period greater than 5 years is  solely due to the use of FAR Clause 52.217-8, Option to Extend Services and pricing was  included in the contract. To establish an ordering period in excess of 10 years, in  accordance with DFARS 217.204(e)(i)(C), a determination shall be executed by ASN(RDA).  Submit such requests with a copy of the approved AS, STRAP, or MOPAS-S via DASN(AP) by  email at RDAJ&As.fct@navy.mil with the subject [Activity Name] DFARS 217.204  Contract Term > 10 Years D&F Review and Approval.

(iii) The senior procurement executive has  provided this approval, via ASN(RDA) memorandum dated January 11, 2016 entitled,  Approval to Extend the Performance Period of SeaPort and SeaPort-e Task and Delivery  Orders Issued Under SeaPort and SeaPort-e Indefinite Delivery, Indefinite Quantity  Contracts, for task or delivery orders issued on or before December 31, 2019 under the  Naval Sea Systems Command s SeaPort IDIQ contracts.

 

5217.207 Exercise of Options.

(c)(3) SeaPort shall be included in the  consideration.

 

SUBPART 5217.5 INTERAGENCY ACQUISITIONS

 

5217.502 Procedures.

 

5217.502-1 General.

(b) Prior to release of the solicitation and  following coordination with the Director OSBP, HCAs shall submit Part 1 of the BCA to  DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject [Activity Name]  FAR17.502-1 - BCA for [Insert the name of the corresponding situation above] . If the  acquisition involves Information Technology, coordination is also required with DON  Chief Information Officer (DON CIO) as well as OSBP prior to submission to  DASN(AP).

 

5217.502-2 The Economy Act.

(c)(2) Except for the special circumstances  listed in (S-90(a)) below, and the limitations specified in (S-90(b)) below, the  agency head s designees for approving D&Fs for interagency acquisitions are:

DASN(AP)

Chief of Naval Research

Commander, Marine Corps Systems Command

Commander, Military Sealift Command

Commander, Naval Air Systems Command

Commander, Naval Facilities Engineering  Command

Commander, Naval Sea Systems Command

Commander, Naval Supply Systems Command

Commander, Naval Information  Warfare Systems Command

Director, Strategic Systems Programs

Deputy Commandant for Installations and  Logistics, Headquarters, Marine Corps

(A) For Economy Act orders that require no  contracting action on the part of the servicing agency, delegation of this authority  to the appropriate level within the organization/claimancy is encouraged.

(B) For Economy Act orders to non-DOD  activities that require contracting action on the part of the servicing agency, this  authority may not be further delegated except to:

(1)  Affiliated PEOs;

(2)  Affiliated DRPMs;

(3) Any  other SES/Flag/General Officer within the HCA s Command structure; and/or

(4)  Commanding Officers of subordinate activities provided the approval authority does not  exceed the activity s level of contracting authority.

(S-90) Special Circumstances and  Limitations

(a) Special Circumstances.

(1) Approval authority for Economy Act orders  that require a contracting action on the part of the Department of Transportation s  Volpe Laboratories is not delegated. The Agency head s designee to approve D&Fs  for these Economy Act orders is DASN(AP). For Economy Act orders that require no  contracting action on the part of the Department of Transportation s Volpe s  Laboratories, delegation of this authority to the appropriate level within the  organization/claimancy is encouraged. Submit D&Fs for approval with a copy of the  approved AS, STRAP, or MOPAS-S to DASN(AP) by email at RDAJ&As.fct@navy.mil with  the subject [Activity Name] NMCARS 5217.502(c)(2)(S-90) DOT Volpe Lab Determination.

(2) HCAs will enter into and administer all  DOD Work For Others (WFO) projects performed at the Department of Energy (DOE)  facilities in accordance with the DOE/DOD MOA except as the DPC guidance allows for  amendment.

(3) HCAs shall conduct an annual compliance  assessment of DOE WFO orders. Submit the assessment results by December 15 to DASN(AP)  via email at RDAJ&As.fct@navy.mil with the subject [Activity Name] FAR 17.502-2  Annual DOE WFO Order Compliance Assessment .

(b) Limitations. Approval authority of  D&Fs for Interagency Economy Act orders that will result in a contracting action  executed by an agency not subject to the FAR (e.g. the Central Intelligence Agency,  Tennessee Valley Authority, United States Postal Service, Federal Aviation  Administration, and Library of Congress), is limited to the NSPE, without power of  redelegation. Submit D&Fs for approval with a copy of the approved AS, STRAP, or  MOPAS-S to DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject [Activity  Name] Interagency Economy Act orders by Agency not Subject to FAR.

(S-91) Documentation. Files of approved orders, including supporting documentation,  shall be maintained at a single location within each activity delegated approval  authority.

(S-92) Exceptions. The following are examples of acquisitions that do not require  Economy Act D&Fs:

(a) Interagency acquisitions from the General  Services Administration conducted under the authority of 40 U.S.C. Section 321,  Acquisition Services Fund;

(b) Acquisitions conducted pursuant to DFARS  Subpart 208.70, Coordinated Acquisition ;

(c) Acquisitions conducted under the authority  of the Project Order Act, 41 U.S.C. Section 23;

(d) Support agreements with another DOD  component that comply with DODINST 4000.19, Interservice and Intragovernmental Support  ; and

(e) Interagency acquisitions from the Library  of Congress conducted under the authority of Section 103 of P.L. 106-481 (2 U.S.C.  182c), FEDLINK Revolving Fund.

 

SUBPART 5217.7 INTERAGENCY ACQUISITIONS:  ACQUISITIONS BY NONDEFENSE AGENCIES ON BEHALF OF THE DEPARTMENT OF DEFENSE

 

5217.703 Policy.

(c) Submit nondefense agency certifications of  compliance to DPC within 40 days of the beginning of the fiscal year via DASN(AP) by  email at RDAJ&As.fct@navy.mil with the subject [Activity Name] FAR 17.703 - Annual  Nondefense Agency Certifications Report.

 

5217.770 Procedures.

HCAs shall establish and maintain procedures  for reviewing and approving orders placed for supplies and services under non-DoD  contracts, whether through direct acquisition or assisted acquisition, when the amount  of the order exceeds the simplified acquisition threshold.

(1) Assisted acquisitions.

(i) ASN(RDA) is the decision authority for  assisted acquisitions exceeding $550,000,000.

(ii) DASN(AP) is the decision authority for  assisted acquisitions exceeding $50,000,000.

(iii) The HCA is the decision authority for  assisted acquisitions at or below $50,000,000. This authority may be delegated; but, for  requirements over $5,000,000, decision authority may only be delegated to an official in  the Requiring Organization who is a Flag or General Officer; a member of the SES; or,  for a requirement arising from a claimant activity without Flag/General Officer/SES, the  commanding officer of that activity.

(2) Direct acquisitions. The business clearance  approval official is the decision authority for direct acquisitions.

 

SUBPART 5217.74 UNDEFINITIZED CONTRACT  ACTIONS

 

5217.7402 Exceptions.

(b) Submit the required advance notification to  the Director, DPC via DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject  [Activity Name] DFARS 217.7402(b) - Advance Notice of Impracticable UCA Policy  Adherence.

 

5217.7404 Limitations.

 

5217.7404-5 Exceptions.

(b) Submit requests for waivers of limitations  on Undefinitized Contract Actions (UCAs) to DASN(AP) by email at  RDAJ&As.fct@navy.mil with the subject [Activity Name] DFARS 217.7404-5 - Waiver of  Limitations on UCAs [insert applicable DFARS cite].

 

5217.7405Plans and Reports.

(a)(2) HCAs shall submit by April 15 and October  15 a Consolidated Undefinitized Contract Action (UCA) Report, identifying each UCA and  unpriced change order with an estimated value of more than $5 million.

(b) In the format prescribed at Annex 6, submit  the required UCA report to DASN(AP) by email at Policy@navy.mil with the subject DFARS  217.7405 - UCA Management Report followed by the applicable reporting period/year (e.g.  UCA Management Report: April 15, 2014).

 

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