NAVY ACQUISITION PROCEDURES SUPPLEMENT
FEDERAL ACQUISITION REGULATIONS SYSTEM
SUBPART 5201.1-PURPOSE, AUTHORITY, ISSUANCE
The Navy Acquisition Procedures Supplement (NAPS) establishes uniform Department of the Navy (DoN) policies and procedures implementing and supplementing the Federal Acquisition Regulation (FAR) and the Defense FAR Supplement (DFARS).
The NAPS is issued pursuant to the authority of SECNAVINST 5400.15 (current version).
5201.104 (DFARS 201.104) Applicability.
The NAPS applies to all DoN activities in the same manner and to the same extent as specified in FAR 1.104 and DFARS 201.104.
5201.105-2 Arrangement of regulations.
(c) References and citations.
(2) Cross reference to the FAR in this supplement will cite "FAR" followed by the appropriate part, subpart, etc. Cross reference to the DFARS will cite "DFARS" followed by the appropriate part, subpart, etc. References to this supplement within this supplement will be without a name or acronym prefix. References to FAR citations in this supplement should be read to include any corresponding paragraphs of the DFARS and this supplement and any additional authorizations, restrictions, policies and procedures they may contain. For example, the words "...when authorized under FAR Part 25..." include authorities granted under FAR Part 25, DFARS Part 225 and Part 5225 of this supplement. A DFARS cite in parentheses immediately after the NAPS cite means related coverage is contained in the DFARS (e.g. 5201.371 (DFARS 201.371)).
5201.201 Maintenance of the FAR.
5201.201-1 (DFARS 201.201-1) The two councils.
(d)(i) Submit proposed revisions to the FAR, DFARS or NAPS to ABM via the Deputy/Assistant Commander for Contracts of the cognizant HCA. Each proposed revision shall include a legal position and shall identify the name, code, and telephone number of the activity point of contact.
SUBPART 5201.3-AGENCY ACQUISITION REGULATIONS
(a)(2) HCAs and CCOs are authorized to issue internal activity guidance.
5201.303 (DFARS 201.303) Publication and codification.
To the extent possible, all NAPS text (whether implementing or supplemental) is numbered as if it were implementing the FAR or DFARS. The coverage uses the same numbers as its FAR or DFARS counterpart, preceded by the prefix "52". For supplemental numbering, the NAPS adds 90 (and up if necessary) for subparts, sections, or subsections, and adds S-90 and up to lower divisions.
5201.304 (DFARS 201.304) Agency control and compliance procedures.
(4) DoN Procedures for Control of Component Clause Use.
(A) Statement of Purpose. These procedures establish a system of controls for use of clauses other than those prescribed in FAR, DFARS, or NAPS, as required by DFARS 201.304(4).
(B) Definitions.
(a) "Clause" as used in these procedures includes provisions and means a term or condition of the solicitation/contract of the type set forth in FAR Part 52/DFARS Part 252/Part 5252. A clause includes everything in parts B through M of a solicitation/contract except:
(1) The list of supplies or services and prices/costs in Section B;
(2) Specifications and statements of work in Section C;
(3) Packaging and marking requirements in Section D;
(4) Requirements for place of inspection/acceptance in Section E;
(5) Requirements for time, place, and method of delivery or performance in Section F;
(6) The list of attachments in Section J; and
(7) Brief statements of strictly administrative, informational nature, without significant cost or administrative impact on offerors or contractors, which the originating activity has determined do not fit the above definition of "clause".
(b) "Navy Clause Baseline" means all approved Navy standard component clauses.
(c) "Non-standard Component Clause" means a component clause not prescribed for use in a component regulation.
(d) "Regulation" means any contracting supplement, policy letter, clause book, automated system, or similar regulatory instrument.
(e) "Standard Component Clause" means a component clause prescribed for use in a component regulation.
(C) Standard Component Clauses.
(a) Usage. All component clauses used in solicitations and/or contracts must be standard clauses, unless:
(1) A deviation has been authorized in accordance with (c) below; or
(2) One of the exceptions listed in (D) below permitting use of non-standard clauses is applicable.
(b)(1) Each contracting activity shall publish new component clauses or changes to existing component clauses that require USD(AT&L) approval as a proposed rule in the Federal Register for public comment. After receipt and analysis of public comments, the contracting activity shall submit the proposed rule, in accordance with DFARS 201.201-1(d)/NAPS 5201.201-1(d) and DFARS 201.301, through the HCA and ABM to the DAR Council Director, prior to publication as a final rule.
(2)New standard component clauses, or changes to existing component clauses, which do not have significant cost or administrative impact on offerors/contractors, do not require publication for public comment or approval of ABM or USD(AT&L). Copies of all new standard component clauses or changes, that do not require ABM or USD(AT&L) approval, shall be provided to ABM for inclusion in the Navy clause baseline. |
(c) In competitive procurements, modifications of standard component clauses which may significantly increase cost or administrative impact on offerors/contractors shall be submitted by the Deputy/Assistant Commander for Contracts to the DAR Council Director, via ABM, for approval by USD(AT&L)DP. The HCA may approve other changes to standard component clauses that do not constitute deviations to the FAR/DFARS/NAPS.
(d) All standard component clauses shall be numbered in accordance with 5252.101.
(D) Non-standard Component Clauses. Non-standard clauses are not included in the Navy clause baseline and do not require approval of ABM, unless usage constitutes a deviation from FAR/DFARS/NAPS. Non-standard Component Clauses may be used only when they are:
(a) non-standard negotiated component clauses used by mutual agreement of both parties in non-competitive procurements;
(b) non-standard component clauses in dual source or limited competition procurements that have advance agreement of the parties;
(c) clauses required by FAR or DFARS to be tailored to the individual situation (such as Organizational Conflict of Interest);
(d) provisions providing proposal preparation requirements or evaluation/award criteria; or
(e) clauses which have no significant cost or administrative impact on offerors/contractors, and the contracting activity chooses not to designate or control them as standard component clauses.
(E) "Substantially the Same As" Clauses. Component clauses may be used to implement FAR/DFARS/NAPS clauses which permit usage of clauses "substantially the same as" the prescribed clause or other variation. These clauses do not require ABM approval. "Substantially the same as" clauses should cite the FAR/DFARS/NAPS clause number, title, and date followed by (VARIATION).
SUBPART 5201.4-DEVIATIONS FROM THE FAR
5201.402 (DFARS 201.402) Policy.
(1) Submit requests for deviations which require USD(AT&L)DP approval to ABM.
(ii) Deviations involving basic agreements, basic ordering agreements, or master agreements are considered class deviations.
(2) ABM is the approval authority for:
(i) individual deviations from the FAR or DFARS other than those specified in DFARS 201.402(1)(i), except that in the case of a purchase or contract |
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by an offshore contracting activity with a foreign contractor made outside the United States, its possessions, or Puerto Rico, deviations from contract clauses may be granted by the HCA provided that no change in intent, principle, or substance is made.
(ii) individual or class deviations from NAPS.
(iii) deviations from certain component clauses (see 5201.304(4)).
SUBPART 5201.6-CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
Within this supplement, any authorities assigned or delegated to a specific level may be delegated or redelegated, unless otherwise restricted.
5201.601(90) Department of the Navy authorities and responsibilities.
(a) Assistant Secretary of the Navy (Research, Development and Acquisition) (ASN(RD&A)). SECNAVINST 5400.15(current version) establishes the duties and responsibilities of the ASN(RD&A), including serving as the NAE and NSPE.
(b) NAVFACENGCOM cognizance of public works and civil works.
(1) Responsibility. Commander, NAVFACENGCOM is responsible for awarding and administering all architect-engineer, construction and facilities support contracts.
(2) Administration of construction portions of contracts. When a contract for construction of civil works is made directly between the DoN and a builder (as distinguished from the contractor who is to operate the facilities) NAVFACENGCOM will be the contracting agency with the work to be financed by transfer of funds from the sponsoring contracting activity to NAVFACENGCOM. All other contracts potentially requiring construction of civil works shall include the clause at 5252.201-9000, Civil Works - Delegation to Naval Facilities Engineering Command.
(c) NAVSUPSYSCOM.
NAVSUPSYSCOM contracting responsibilities include:
(1) providing DoN-wide policy and procedures for simplified acquisition as defined in FAR Part 13, except that NAVFAC may utilize other procedures for construction, A/E services, and base support; and
(2) contracting for supplies and services throughout the DoN for which no other
contracting activity, office or command is delegated contracting authority. This includes contracting for Naval (but not Marine Corps) activities visual information (motion picture and videotape) productions through the Naval Media Center, unless an exception is granted by the Chief of Naval Operations (N09C4). |
5201.602 Contracting officers.
Contract documents shall be forwarded to the appropriate attorney or attorneys in the Office of General Counsel for review as to form and legality and any additional pertinent comment or advice.
5201.602-2 (DFARS 5201.602-2) Responsibilities.
Employees of foreign governments assigned to multi-national Joint Project Offices are authorized to serve as CORs.
5201.602-3 Ratification of unauthorized commitments.
HCAs may ratify unauthorized commitments, and may delegate this authority to a level no lower than the CCO.
5201.690 Requirements to be met before entering into contracts.
(a) Generally, all significant contracting actions should be subject to some form of review prior to award. The formal review process is conducted and documented through the use of the business clearance. The purpose of the business clearance is to demonstrate that the proposed action conforms to law, regulation, good business practices and Navy acquisition policies.
(b) HCAs should establish written procedures for the review and approval of business clearances for:
(1) Contracts (including indefinite-delivery contracts) and contract modifications for the acquisition of supplies or services not within the scope or under the terms of an existing contract.
(2) Undefinitized contract actions (see DFARS Subpart 217.74.)
(3) Basic ordering agreements.
(4) Modifications and changes issued pursuant to contract clauses such as the "Changes" or "Government Property" clauses.
(5) Retroactive pricing after completion.
(6) Definitization of any undefinitized/unpriced action under (2) or (4) above.
(7) Advance agreements on special or unusual cost items (see 5231.109.)
(8) Actions that result in the establishment, modification or recision of a guarantee of performance on a government contract by a third party.
(c) The degree and complexity of documentation required, and approval levels/thresholds, for various actions should be governed by the magnitude and complexity of the action being reviewed.
5201.691 Procurement Management Oversight.
The primary objective of procurement management oversight is to encourage and assist activities in making continuous improvements in their acquisition processes. It also provides a mechanism for sharing "best practices" throughout the Navy. Procurement management oversight in the Department of the Navy will be conducted through the Procurement Performance Measurement Assessment Program (PPMAP). The PPMAP is a flexible, performance-based, process-oriented program which includes self-assessment of:
(a) control of and continuous improvement in critical procurement processes;
(b) performance-based metrics; and
(c) the results of employee and customer surveys.
(a) ABM is responsible for oversight and review of HCAs and other designated Navy contracting organizations, and shall oversee and provide guidance on the PPMAP.
(b) HCAs are responsible for oversight and review of their subordinate contracting organizations.
(c) The Commander, Naval Supply Systems Command (COMNAVSUPSYSCOM) is also responsible for oversight and review of all activities with NAVSUPSYSCOM-delegated contracting authority, and other activities as directed by ABM or higher level authority.
(d) Fleet and Type Commanders are responsible for oversight and review of afloat units. Reviews may be a part of regularly scheduled Logistics Management Assessments (LMAs).
(e) Each contracting activity assigned procurement management oversight responsibility should prepare and maintain a schedule of reviews, and conduct reviews of all subordinate organizations with delegated contracting authority.
(f) HCAs shall:
(1) When requested, nominate senior contracting personnel to serve on ABM PPMAP teams; and
(2) By 30 December of each year, provide ABM a summary of relevant findings (best practices, deficiencies, recommendations, etc.) from the results of the previous fiscal year's PPMAP activities.
(g) ABM shall be advised immediately any time an organization's contracting authority is revoked, suspended or reduced.
