Previous PageTable Of ContentsNext Page

NMCARS PART 5216 TYPES OF CONTRACTS



PART 5216 TYPES OF CONTRACTS

SUBPART 5216.1 – SELECTING CONTRACT TYPES

5216.102-90 General. (effective through 31 September 2013)

As provided for under Section 808 (c)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81), if it has been determined that it is necessary for a contract or task or delivery order to be awarded in an amount exceeding $10M to a contractor in FY12 or FY13 for continuing services, at an annual cost to the Government that exceeds the annual cost paid by the requiring activity for the same or similar services in FY10, a Determination and Findings shall be submitted to DASN(AP) via RDAJ&As@navy.mil to obtain written approval prior to contract award or order issuance.

SUBPART 5216.3—COST REIMBURSEMENT CONTRACTS

5216.306 (DFARS 216.306) Cost-plus-fixed-fee contracts.

(c) Limitations.

(ii)(B)(1) COMNAVFAC is delegated authority to approve cost-plus-fixed-fee contracts for environmental work only, provided the environmental work is not classified as construction, as defined by 10 U.S.C. 2801.

(2) Requests for approval of cost-plus-fixed-fee contracts requiring Secretary of Defense

approval shall be routed through COMNAVFAC and DASN(AP).

SUBPART 5216.4—INCENTIVE CONTRACTS

5216.401 General.

(d) HCAs may delegate signature authority for approval of required determinations and findings (D&Fs), subject to the limitations established below.

(1) Award-fee contract types: D&F signature authority is delegable to no lower than the Deputy/Assistant Commander for Contracts.

(2) Other incentive contracts. D&F signature authority is at one level above the Contracting Officer and is not further delegable.

(3) D&F submittal requirements for cost-plus-award-fee (CPAF) contracts. HCAs shall submit copies of approved D&Fs to DASN(AP) via electronic mail address RDAJ&As@navy.mil, as follows:

(i) All D&Fs for contracts of ACAT I Programs: Within 15 days after approval.

(ii) D&Fs for contracts of non-ACAT I programs valued $50,000,000 or more (including options): Within 30 days after approval.

(iii) Properly identify in the subject line “CPAF D&F, ACAT Program Designation Number, Description, and Activity Name.”

(f) Incentive- and Award-Fee Data Collection and Analysis. HCAs shall collect,

evaluate and report on award and incentive fees earned on contracts with an estimated value greater than $50,000,000 (including options) following the DON Process for Collecting, Evaluating, and Reporting Award and Incentive Fees Earned, available in Annex 9, AWARD FEE AND INCENTIVE FEE CONTRACT REPORTING, of this supplement. Submit a semiannual report on award and incentive fees earned to DASN(AP) via electronic mail address RDAJ&As@navy.mil in the format prescribed under Annex 9. Properly identify in the subject line and the report “AWARD AND INCENTIVE FEES EARNED REPORT” followed by the applicable month/reporting period (e.g. September 1, 2010/1 January – 30 June). The reporting schedule is as follows:

Fees earned during reporting period: Report due by:

1 January – 30 June 1 September

1 July – 31 December 1 March

SUBPART 5216.5—INDEFINITE-DELIVERY CONTRACTS

5216.504 (DFARS 216.504) Indefinite-quantity contracts.

(c)(1)(ii)(D) Limitation on single award contracts.

(1) ASN(RD&A) is the approval authority for all determinations over $103M. Submit

all determinations over $103M to DASN(AP) via electronic mail address

RDAJ&As@navy.mil. Properly identify in the subject line “DFARS 216.504—SINGLE AWARD” followed by the contract/task/delivery order number.

(2) Concurrent with the submission of determinations in paragraph (1) above, include the proposed congressional notification document.

5216.504-90 Limitation on single award task or delivery order contracts valued at or below $103M.

(a) Policy. Unless exempted by (b) below, single awards of task or delivery order contracts valued

at or below $103M require HCA approval.

(b) Exemptions. The following categories of contracts are exempt from the requirement for HCA approval for single awards of task or delivery order contracts:

(1) Competitively awarded contracts which provide only for firm fixed unit price task or delivery order contracts for products or services where unit prices are established in the contract;

(2) Only one qualified offer received under a competitive solicitation (the circumstances for award must be addressed in the business clearance);

(3) Contracts for Foreign Military Sales awarded to a directed source;

(4) Requirements contracts supported by approved acquisition plans/strategies;

(5) Contracts supported by a sole source Justification and Approval under FAR Part 6;

(6) Sole source contracts awarded under Section 8(a) of the Small Business Act;

(7) Contracts with a total estimated value less than $6.5 million; and

(8) Architect-Engineer contracts awarded under FAR Subpart 36.6.

(c) Combination contracts. For contracts where the only products or services to be acquired by issuance of task or delivery orders are incidental to the overall effort under the contract, and the overwhelming preponderance of the work is defined and priced at the outset, the threshold for approval is based on the estimated value of the incidental services.

5216.505 (DFARS 216.505) Ordering.

(b)(5) The task order contract and delivery order contract ombudsman responsible for reviewing complaints from contractors on task order contracts and delivery order contracts is the Navy Competition Advocate General. Contractors should be encouraged to settle their complaints through the Competition Advocate chain of command, seeking review by the Command Competition Advocate at the cognizant HCA before taking their complaints to the Navy Competition Advocate General.

Previous PageTop Of PageTable Of ContentsNext Page