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Navy Marine Corps Acquisition Regulation Supplementnmcars

Navy Marine Corps Acquisition Regulation Supplement


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PART 5237 SERVICE CONTRACTING

 

SUBPART 5237.1 SERVICE CONTRACTS  GENERAL

 

5237.102 Policy.

The consideration of using SeaPort to satisfy  the requirements for the functional areas shown inAnnex 22 is mandatory with the  following exceptions:

1) Actions approved pursuant to authorities at  FAR 6.302-1 through -7.

2) Actions with values below the Simplified  Acquisition Threshold.

3) Actions set aside for 8(a) participants.

4) Actions for Commercial Items under Part  12.

5) Actions using Simplified Acquisition  Procedures under Part 13.

(a)(1) Personal Medical services contracts are  included as an exemption from performance-based acquisition methods.

 

5237.102-71 Limitations on service  contracts for military flight simulators.

Submit requests for waivers and required  economic analysis for the congressional defense committees via DASN(AP) by email at  RDAJ&As.fct@navy.mil with the subject [Activity Name] DFARS 237.102-71 Military  Flight Simulator Service Contract Waiver Request.

 

5237.102-90 Enterprise-wide  Contractor Manpower Reporting Application (ECMRA).

(a) DOD contracting activities awarding or  administering contracts shall incorporate the following Enterprise-wide Contractor  Manpower Reporting Application (ECMRA) standard language into all contracts which  include services, provided the organization that is receiving or benefiting from the  contracted service is a Department of Defense organization, including reimbursable  appropriated funding sources from non-DOD executive agencies where the Defense  Component requiring activity is the executive agent for the function performed. The  reporting requirement does not apply to situations where a Defense Component is merely  a contracting agent for another executive agency. Contracted services excluded from  reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and  Facilities;

(4) D, Automatic Data Processing and  Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and  Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

(b)The standard language to be inserted  is:

The contractor shall report contractor labor  hours (including subcontractor labor hours) required for performance of services  provided under this contract for the [NAMED COMPONENT] via a secure data collection  site. Contracted services excluded from reporting are based on Product Service Codes  (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and  Facilities;

(4) D, Automatic Data Processing and  Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and  Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill  in all required data fields using the following web address: https://www.ecmra.mil.

Reporting inputs will be for the labor  executed during the period of performance during each Government fiscal year (FY),  which runs October 1 through September 30. While inputs may be reported any time  during the FY, all data shall be reported no later than October 31 of each calendar  year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil.

 

5237.103 Contracting officer  responsibility.

(a) For acquisitions that require services to be  delivered or performed on a DOD installation, DOD occupied space, ship or aircraft,  contracting officers shall ensure that the requirements office includes DOD  Antiterrorism considerations delineated in DFARS PGI 207.105(b)(20)(D)(2) in their  requirements.

(3)(iii) Consider the use of SeaPort to satisfy  competition requirements for services as specified at 5237.102. If SeaPort is not used  to satisfy competitive requirements, and a J&A has not been approved, a  Determination and Findings (D&Fs) shall be submitted for approval to

DASN(AP) with an endorsement by the HCA.  D&Fs for approval shall be submitted to DASN(AP) by email at SeniorServicesManage.fct@navy.mil with the subject NMCARS 5237.103(a)(3)(iii) D&F  Negating the Requirement to Consider SeaPort . Activities can expect disposition of the  D&F within five (5) business days.

 

5237.104 Personal services  contracts.

(b)(ii)(C)(2) Commands outside the Bureau of  Medicine and Surgery (BUMED) claimancy shall obtain review and approval of Statements of  Work for clinical counselors, family advocacy program staff, and victim s services  representatives as described in DFARS 237.104(b)(ii)(A)(3) from the Naval Medical  Logistics Command (NAVMEDLOGCOM). See BUMEDINST 4200.2C, or version currently in effect,  for information on appropriate contract procedures.

 

5237.170 Approval of contracts and task  orders for services.

 

5237.170-2 Approval  requirements.

(a) Acquisition  of services through a contract or task order that is not performance based. When  acquisition of services through a contract or task order that is not performance based  will be used, the rationale shall be documented in the contract file.

(b) Acquisition  of services through use of a contract or task order issued by a non-DOD  agency.

In addition to the requirements in 5237.5,  approval must be obtained from--

(1) The HCA for acquisitions below $5,000,000.

(2) The HCA for acquisitions at or above  $5,000,000 but below $50,000,000. HCA authority may be delegated, without power of  redelegation, only to the Deputy/Assistant Commander for Contracts, a Flag or General  Officer or SES who is a member of the Acquisition Professional Community, or, for  commands/locations without a local SES/Flag/General Officer, to the Commanding  Officer.

(3) The Navy SSM for actions at or exceeding  $50,000,000.

 

5237.192 Service Acquisition Workshops  (SAWs).

(a) Multi-functional teams that  support service acquisition requirements with a total acquisition value of $500 million  or an annual value of $250,000,000 or more shall participate in a SAW, or an equivalent  program. If the HCA determines that a waiver is necessary, a waiver request shall be  submitted for approval by the HCA via email to SeniorServicesManage.fct@navy.mil with the subject “NMCARS  5237.192 - Service Acquisition Workshop (SAW) Waiver Request” for approval by:

(i) The DOD Services Acquisition  Functional Leader for Special Interest Acquisitions designated by USD(A&S) or  ASD(A);

(ii) The DON Senior Services  Manager DASN(P)for all other waiver requests.

(b) The waiver request shall  include: the rationale for not participating in a SAW; an assessment of the quality of  the requirements documents; and, steps taken to reduce costs, improve competition, and  shorten acquisition lead times and whether the acquisition has been designated as a  special interest acquisition by USD(A&S) or ASD(A).

(c) Participation in a SAW or  approved waiver is required before a service strategy will be approved.

 

SUBPART 5237.2 ADVISORY AND ASSISTANCE  SERVICES

 

5237.204 Guidelines for determining  availability of personnel.

(a) Approval by the SSA of a source selection  plan identifying only agency/FFRDC personnel as evaluators may constitute the  determination that sufficient personnel are available within the agency to evaluate or  analyze proposals. Determinations that sufficient personnel are not readily available  within the agency nor within another Federal agency shall be made in accordance with (d)  below. (b)(1)(i) Activities should use common sense and reasonably available information  in determining which other Federal agencies or Navy/Marine Corps activities may have  personnel with the training and capabilities required to support evaluation of  proposals. The nature and extent of efforts an activity should pursue in obtaining  information depend on the circumstances of the procurement, taking into consideration  such factors as those listed in FAR 37.204(b), the specialized nature of the  qualifications and expertise required, and the activity s previous experience in  attempting to identify similarly qualified personnel. (ii) Qualified employees of  another agency who could only be available at times other than when needed to conduct a  planned evaluation of proposals may be considered not readily available if it is not  practical to adjust the evaluation schedule to accommodate using them. (c) If another  agency will make personnel available on a reimbursable basis, Subpart 17.5 will  generally apply. (d) HCAs are delegated authority to determine that personnel with the  required training and capabilities needed to conduct evaluations or analyses of any  aspect of proposals for an initial contract award are not readily available within the  agency or other Federal agencies. The procedures in FAR Subpart 1.7 apply to HCA  determinations made under this section.

 

SUBPART 5237.5 MANAGEMENT OVERSIGHT OF  SERVICE CONTRACTS

 

5237.502 Exclusions.

(b) When services incidental to supply contracts  are valued at greater than the SAT, even when the item of supply does not require a  STRAP, a MOPAS-S is required.

 

5237.503 Agency-head  responsibilities.

(S-90)(a) All acquisition of services valued in  excess of the SAT shall comply with the policy and procedures set forth in the in  5207.103(j) and (l) unless--

(1) The DODI 5000.74 does not apply; or

(2) Exempted by DODI 5000.74.

(b) Use Annex 21, MOPAS-S, for services when the  total cost of all contracts is less than $50 million for all years or less than $25  million for any fiscal year.

(c) For all other services acquisitions, when  the total cost of all contracts is estimated at $50 million or more for all years or $25  million or more for any fiscal year, use a PSTRAP-M or an ISTRAP-M. See 5207.103 (j) and  (l) and Table 5207-1.

(d) The level of detail expected for each  MOPAS-S shall be commensurate with the complexity, total planned value, and performance  risk of the procurement.

(e) See FAR 7.104(a) for the requirements for  updates and revisions.

 

5237.504 Contracting official s  responsibilities.

SeaPort is the Navy s best practice for  acquisition of the types of services shown in Annex 22 (see 5237.102 for  exceptions).

 

SUBPART 5237.76 CONTINUATION OF ESSENTIAL  CONTRACTOR SERVICES

 

5237.7602 Policy.

(c) When requirements are designated as  essential contractor services, ensure a separate section, paragraph, line, or other  designation in the contract, task or delivery order for these essential services is  created so it can be tracked to an option or separate contract line item (see DFARS PGI  207.105(b)(20)(C)).

 

SUBPART 5237.90 CONTRACTOR GUARD  SERVICES

 

5237.9000 Contracting for contractor  guard services.

All requirements for contractor guard services  for facilities, with the exception of those required to be obtained through the General  Services Administration (GSA), shall be obtained through NAVFACENGCOM, unless specific  authority is otherwise granted.

 

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