The consideration of using SeaPort to satisfy the requirements for the functional areas shown in Annex 22 is mandatory with the following exceptions:
(a)(1) Personal Medical services contracts are included as an exemption from performance-based acquisition methods.
Submit requests for waivers and required economic analysis for the congressional defense committees via DASN(P) by email at RDAJ&As.firstname.lastname@example.org with the subject “[Activity Name] DFARS 237.102-71 – Military Flight Simulator Service Contract Waiver Request.”
(a) In order to fulfill the requirements of Title 10, U.S.C, section 235 and 2330a, DON contracting activities awarding or administering contracts shall incorporate 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.
(b) The Contracting Officer shall check information in the Service Contract Reporting (SCR) Guidebook within the Department of Defense Procurement Toolbox, located at https://dodprocurementtoolbox.com/site-pages/service-contract-reporting-scr to determine if SCR applies. If it does, the Contracting Officer shall insert standard language found in paragraph (c) in the statement of work (SOW) of new solicitations, contracts and task or delivery orders. For existing contracts that require SCR, contracting officers shall modify the contract SOW to include the language in paragraph (c) by January 15, 2021.
(c) Insert the following standard language in the SOW of solicitations and contracts that require SCR:
“Services Contract Reporting (SCR) requirements apply to this contract. The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address: https://sam.gov/SAM/.
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://sam.gov/SAM/.”
(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 for approval shall be submitted to DASN(P) by email at SeniorServicesManage.email@example.com 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.
(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.
(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. 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.
(a) Except for acquisitions identified as a Special Interest, effective 1 January 2021, 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 SAW, or an equivalent program. For multiple award, indefinite delivery, indefinite quantity contracts, a SAW is not required for the base contract, but is required for any task order valued at $100 million or more. If the HCA determines that a waiver is necessary, the waiver request shall be submitted by email to SeniorServicesManage.firstname.lastname@example.org 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.
(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.
(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.
(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 the services are not applicable in accordance with DODI 5000.74, paragraph 1.1.b.
(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.
SeaPort is the Navy’s best practice for acquisition of the types of services shown in Annex 22 (see 5237.102 for exceptions).
(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)).
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.