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NMCARS PART 5237 SERVICE CONTRACTING



PART 5237 SERVICE CONTRACTING

SUBPART 5237.1—SERVICE CONTRACTS GENERAL

5237.102 Policy.

(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 “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://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.

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 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 to the DOD Services Acquisition Functional Leader via DASN(AP) by email at SeniorServicesManage.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.

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--

(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.

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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