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NMCARS



PART 5217 SPECIAL CONTRACTING METHODS

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 “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 “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 “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 “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 via DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “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.

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

SUBPART 5217.5—INTERAGENCY ACQUISITIONS

5217.502 Procedures.

5217.502-1 General.

(c) 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 “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, Space and Naval 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.

(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 DPAP 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 “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.

(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. 757, Information Technology 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) Interservice support agreements between DOD activities 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 DPAP within 40 days of the beginning of the fiscal year via DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “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.

(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, Defense Procurement and Acquisition Policy via DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “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 “DFARS 217.7404-5 - Waiver of Limitations on UCAs—[insert applicable DFARS cite].”

5217.7405 Plans 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 RDAJ&As.fct@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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