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NMCARS PART 5237 SERVICE CONTRACTING



PART 5237 SERVICE CONTRACTING

SUBPART 5237.1—SERVICE CONTRACTS GENERAL

5237.102 (FAR 37.102) Policy.

(a)(1)(S-90) Personal Medical services contracts are included as an exemption from performance-based acquisition methods.

5237.102-71 (DFARS 237.102-71) 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 “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:

(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:

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

5237.103 (FAR 7.103) Contracting officer responsibility.

(a)(S-90) 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.

5237.104 (DFARS 237.104) 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 (DFARS 237.170-2) Approval of contracts and task orders for services.

5237.170-2 (DFARS 237.170-2) 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 review and approval, in accordance with the DoN Management Oversight Process for

Acquisition of Services, approval must be obtained from:

(1) The HCA for actions at or below $50,000,000. For acquisitions above

$5 million, 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.

(2) DASN(AP) for actions exceeding $50,000,000.

(S-90) All services acquisitions between $100 million and $250 million are designated

as ASN(RDA) special interest items and are subject to ASN(RDA) review.

5237.191 Service Requirements Review Board reporting.

(a) Conduct a Service Requirements Review Board (SRRB) not less than annually.

(b) Action items from the SRRB not corrected within 120 days shall be reported to DASN(AP) with a Plan of Action and Milestones (POAM) to complete corrections. Submit reports to DASN(AP) via email RDAJ&As.fct@navy.mil with the subject line “NMCARS 5237.191 – Service Requirements Review Board Action Item Correction POAM.”

(c) Forward the SRRB Final Analysis file within 30 days of the completed SRRB to DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject line “NMCARS 5237.191 – Service Requirements Review Board Final Analysis.”

5237.192 Service Acquisition Workshops (SAWs)

(a) Multi-functional teams that support service acquisition requirements valued at $1 billion or more shall participate in a SAW, or an equivalent program. If the HCA determines that a waiver is necessary, a waiver request signed by the HCA, without power of redelegation, shall be submitted for approval by the HCA to OSD via DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “NMCARS 5237.192 - Service Acquisition Workshop (SAW) Waiver Request”.

(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.

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

SUBPART 5237.2—ADVISORY AND ASSISTANCE SERVICES

5237.203-90 (FAR 37.203) Policy.

Marking of contractor reports. All reports required under contracts for individual experts and consultants; studies, analyses, and evaluations; and management and professional support services should prominently show on the cover of the report:

(a) Name and business address of the contractor.

(b) Contract number.

(c) Contract dollar amount.

(d) Whether the contract was competitively or non-competitively awarded.

(e) Name of individual sponsor. The sponsor should be an individual from the requiring activity at the Program Manager or comparable level.

(f) Name and address of requiring activity.

5237.204 (FAR 37.204) 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

5237.503 (FAR 37.503) Agency-head responsibilities.

All acquisition of services in excess of the simplified acquisition threshold shall comply with the policy and procedures set forth in the "Department of the Navy (DoN) Management and Oversight

Process for the Acquisition of Services (Revised) (MOPAS 2) dated December 1, 2006."

HCAs/PEOs/DRPMs shall issue implementing procedures to ensure compliance.

SUBPART 5237.76—CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES

5237.7602 (DFARS PGI 237.7602) 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, 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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