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NMCARS PART 5250 EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT



PART 5250 EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

SUBPART 5250.1—EXTRAORDINARY CONTRACTUAL ACTIONS

5250.101 (FAR 50.101) General.

5250.101-3 (FAR 50.101-3) Records.

HCAs are the officials responsible for preparation and submission of the required records. Forward records to DASN(AP).

5250.102 (DFARS 250.102) Delegation of and limitations on exercise of authority.

5250.102-1-70 (DFARS 250.102-1-70) Delegations.

(a) Military Departments. Subject to the restrictions on delegations of authority in DFARS Part 250 and FAR 50.102-1 and 50.102-3, HCAs may exercise without power of redelegation, the authority contained in the Act and Executive Order for amounts not exceeding $70,000.

(i) HCAs may deny any request, regardless of dollar value.

(ii) ASN(RDA) is the approval authority for requests to obligate the Government in excess of $70,000. Submit requests for adjudication by the Navy Contract Adjustment Board by email at RDAJ&As.fct@navy.mil with the subject “DFARS 250.102-1-70 - Extraordinary Contractual Relief pursuant to [insert “Public Law 85-804” or “Executive Order 10789”].

5250.102-2 (DFARS 250.102-2) Contract adjustment boards.

Members and alternate members will be appointed by DASN(AP).

5250.103 (FAR 50.103) Contract adjustments.

5250.103-5 (FAR 50.103-5) Processing cases.

(b) The contracting activity responsible for processing a contractor's request for contractual adjustment under a DoN contract is responsible for establishing liaison and joint action with other Military Departments and other departments and agencies of the Government, until the case is submitted to the Navy Contract Adjustment Board for disposition.

5250.103-6 (DFARS 250.103-6) Disposition.

When a contractor's request is denied below the Secretarial level, the contracting officer of the activity that forwarded the case to the board shall furnish a letter to the contractor explaining the denial.

5250.104 (FAR 50.104) Residual powers.

5250.104-3 (FAR 50.104-3) Special procedures for unusually hazardous or nuclear risks.

(b) Submit requests for authorization to use the clause prescribed at FAR 50.104-4 with sufficient justification to SECNAV via DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “FAR 50.104-3 – Indemnification Request.”

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