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Change Number: NMCARS Change 18-22
Effective Date: 07/11/2022



5237.102 Policy.

The consideration of using SeaPort to satisfy the requirements for the functional areas shown in Annex 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(P) by email at with the subject “[Activity Name] DFARS 237.102-71 – Military Flight Simulator Service Contract Waiver Request.”

5237.103 Contracting officer responsibility.

(a)(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(P) with an endorsement by the HCA. D&Fs shall address commerciality, contract type, competitiveness, and contract vehicle. Describe how the previous effort to achieve these services was met. Include contract and task order number(s), information on the use of options and surge CLINs, and previously approved SeaPort waivers. D&Fs for approval shall be submitted to DASN(P) by email at 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 10 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. Notwithstanding DFARS 237.170-2(a), 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, comply with the review and approval requirements in 5217.770 when acquiring services through use of a contract or task order issued by a non-DoD agency.

5237.192 Services Acquisition Workshops.

(a) Except for acquisitions identified as a Special Interest, multi-functional teams that support services acquisition requirements with a total acquisition value of $500 million or more or an annual value of $250,000,000 or more, shall participate in a Services Acquisition Workshop (SAW), or an equivalent program in accordance with DoDI 5000.74, Defense Acquisition of Services. For multiple award, IDIQ contracts, a SAW is not required for the base contract, but is required for any task order valued at $100 million or more in accordance with DoDI 5000.74. However, within the DON, this requirement is waived for task orders valued below $250 million. Multi-functional teams are highly encouraged to apply SAW-like steps to all services acquisitions valued at $10 million or more but less than the values above. If the HCA determines that a waiver is necessary, the waiver request shall be submitted by email to with the subject “NMCARS 5237.192 - Services Acquisition Workshop (SAW) Waiver Request” for approval by:

(i) USD(A&S) or ASD(A) for Special Interest acquisitions;

(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 services strategy will be approved.

(d) Multi-functional teams are permitted to use abbreviated SAW options offered by Defense Acquisition University (DAU) when a SAW has already been completed on a recurring services acquisition requirement in the past five years and there is no change in scope. Abbreviated SAW options are considered equivalent programs to a SAW and are encouraged to be used in lieu of requesting a SAW waiver. Other types of mission assistance workshops that are considered equivalent include, Acquisition and Management (DAU iCatalog “WSM”) and DAU’s Source Selection Simulation (“Triple-S”) workshop.