PART 5201 FEDERAL ACQUISITION REGULATIONS SYSTEM
SUBPART 5201.1—PURPOSE, AUTHORITY, ISSUANCE
The Navy Marine Corps Acquisition Regulation Supplement (NMCARS) establishes uniform Department of the Navy (DON) policies and procedures implementing and supplementing the Federal Acquisition Regulation (FAR) and the Defense FAR Supplement (DFARS).
(b) The NMCARS is prepared, issued, and maintained pursuant to the authority of SECNAVINST 5400.15.
5201.104 (DFARS 201.104) Applicability.
The NMCARS 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.
(1) 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 NMCARS cite means related coverage is contained in the DFARS (e.g. 5201.104 (DFARS 201.104)). A Procedures, Guidance and Information (PGI) cite in parenthesis immediately after the NMCARS cite means related coverage is contained in PGI (e.g. 5201.104 (PGI 201.104)).
5201.107 (DFARS 201.107) Certifications.
In accordance with 41 U.S.C. 1304, a new requirement for a certification by a contractor or offeror may not be included in any activity supplement, clause book, contract clause, solicitation provision, policy letter, policy memorandum or any other similar document unless-
(1) The certification requirement is specifically imposed by statute; or
(2) Written justification for such certification is provided to the Secretary of Defense by ASN(RD&A), and the Secretary of Defense approves in writing the inclusion of such certification requirement.
(b) Delegation of authority. Within this supplement, any authorities assigned or delegated to a specific level may be delegated or redelegated, unless otherwise restricted.
5201.170 (DFARS 201.170) Peer Reviews.
(a) DON Peer Review Procedures. The DON procedures for peer reviews are described in Annex
8, DON Peer Review Program. Peer reviews shall be performed on solicitations and contracts with estimated values at $50,000,000 or more (including options).
(b) Peer Review Rolling Forecast Report. By the 25th day of each month, HCAs shall submit a
rolling forecast of acquisitions valued at $250,000,000 or more requiring peer reviews by ASN(RD&A) or DPAP, in the format prescribed by Annex 8, Peer Review Program. Submit the required information to DASN(AP) via electronic mail address RDAJ&As@navy.mil. Identify in the email subject line “Peer Review Rolling Forecast.”
5201.170-4 (PGI 201.170-4), Administration of Peer Reviews.
(f) Contracting Officers shall submit copies of required memoranda documenting the disposition
of peer review results and recommendations to DASN(AP)/PA&BT via electronic mail address
RDAJ&As@navy.mil. Properly identify in the subject line of the email “DISPOSITION OF PEER REVIEW RECOMMENDATIONS” followed by the applicable solicitation/contract number and
peer review date.
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 NMCARS to DASN(AP) via the
Deputy/Assistant Commander for Contracts of the cognizant HCA. Each proposed revision should include a legal position and identify the name, code, and telephone number of the activity point of contact.
SUBPART 5201.3—AGENCY ACQUISITION REGULATIONS
5201.303 (DFARS 201.303) Publication and codification.
(a)(ii) To the extent possible, all text in this Supplement (whether implementing or supplemental) is numbered as if it were implementing the FAR or DFARS.
(A) Implementing numbering is the same as its FAR or DFARS counterpart, preceded by the prefix "52".
(B) Supplemental numbering is the same as its FAR or DFARS counterpart, preceded by the prefix “52” with the addition of a number 90 and up for parts, subparts, sections, or subsections or S-90 and up for lower divisions.
5201.304 (DFARS 201.304) Agency control and compliance procedures.
(4) DON Procedures for Control of Component Clause Use. Navy/Marine Corps contracting activities shall follow the approved DON Control Plan for Component Clauses available at https://acquisition.navy.mil/rda/content/view/full/7071. This Plan sets forth specific requirements that must be met before use of Component clauses in DON solicitations and contracts. All Component clauses used in DON solicitations and contracts shall be properly approved before use.
(i) Definitions.
(A) “Component” means an organizational entity exercising contracting authority within DON.
(B) "Navy Clause Baseline" means all properly approved DON component clauses.
(ii) Requirements.
(A) Publication in the Federal Register. Component clauses or changes to existing component clauses that meet the conditions of DFARS 201.304(1)(i) (i.e. have a significant effect beyond the internal operating procedures of the agency, or a significant cost or administrative impact on offerors/contractors), shall be published for public comment in the Federal Register.
(B) Approvals. The required approval authorities for use of Component clauses are established in Paragraph 4 of the DON Control Plan for Component Clauses and DFARS 201.304(1)(i). Component clauses which do not meet the conditions for USD(AT&L)/DPAP approval require HCA approval, which is delegable only as set forth in the Plan. However,
ASN(RD&A)/DASN(AP) approval is required for any Component clause which results in a
FAR/DFARS/NMCARS deviation. Approvals of deviations are set forth in paragraph 5 of the Plan.
Copies of all approved Component clauses shall be submitted to DASN(AP) via electronic mail
address at RDAPolicy@navy.mil for inclusion in the Navy clause baseline within 30 days of approval.
(C) Documentation. All Component clauses must be properly supported in writing and reviewed by Counsel before approval. The clause approval documents shall be in the format and include the content similar to that prescribed for proposed revisions to FAR or DFARS at DFARS 201.201-1(d) and, when applicable, DFARS 201.301(b).
(D) Clause numbering. All component clauses shall be numbered in accordance with
5252.101.
(E) Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items.
(a) The following approvals are required for use of agency or component-unique provisions
or clauses in solicitations and contracts for commercial items that will supplement FAR Part 12 and DFARS Part 212 provisions or clauses:
(1) DASN(AP) is the approval authority for inclusion of a component-unique provision
or clause that is necessary to reflect an agency-unique statute applicable to the acquisition of
commercial items.
(2) The NSPE is the approval authority for inclusion of any agency or component-unique
provision or clause that is otherwise not necessary to reflect an agency-unique statute applicable to the acquisition of commercial items.
(b) Annex (7), COMMERCIAL ITEM ACQUISITIONS PROVISION/CLAUSE USE,
outlines current sources of approval authority governing inclusion of provisions and clauses in solicitations and contracts for commercial item acquisitions, as well as implementing general -procedures to facilitate consistency in management, control and use of properly approved provisions or clauses. See NMCARS 5212.301 (DFARS 212.301) for additional guidance
SUBPART 5201.4—DEVIATIONS FROM THE FAR
5201.402 (DFARS 201.402) Policy.
(2) Submit to DASN(AP), those requests for individual or class deviation that require approval at
a level higher than the HCA.
5201.403 (DFARS 201.403) Individual deviations.
(1) DASN(AP) is the approval authority for:
(i) individual deviations from the FAR or DFARS other than those specified in 5201.403(2), DFARS 201.402(1) and DFARS 201.403(2).
(ii) individual or class deviations from NMCARS.
(iii) deviations from certain component clauses (see 5201.304(4)).
(2) In the case of a purchase or contract 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. The HCA may delegate this authority no lower than one level above the contracting officer.
5201.404 (DFARS 201.404) Class deviations.
Deviations involving basic agreements, basic ordering agreements, or master agreements are considered class deviations.
(b)(ii) DASN(AP) is the approval authority for class deviations described at DFARS 201.404(b)(ii).
SUBPART 5201.6—CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
5201.601-90 Department of the Navy authorities and responsibilities.
(a) General. HCAs are responsible for establishing adequate and effective internal controls to carefully manage and closely oversee the execution of delegated contracting authority for assigned contracting mission functions. This includes proactively working with requirements and program personnel during acquisition planning to facilitate the timely submission of requirements to the appropriate contracting activity for contract action in a manner which promotes and permits maximum competition. In conjunction with executing assigned contracting missions, there are certain types of procurements for which authority resides solely with the HCA as described in paragraph (c) below, unless authority is delegated in writing to another HCA to execute those procurements. At a minimum, HCAs shall address the following requirements in the contracting activity’s procedures for delegation of contracting authority:
(1) Identify all HCAs to which contracting authority has been delegated and specify any limitations on their contracting authority.
(2) Track delegations received from HCAs.
(3) Delegation of contracting authority applies only to Department of the Navy (DON) activities. DASN(AP) approval is required when the request for delegation of contracting authority is intended ultimately to lead to a procurement by a non-Navy activity.
(i) Activities shall notify DASN(AP) no less than 30 days prior to an anticipated delegation, or as early as practicable, via email submission to RDAPolicy@navy.mil to allow time for approval before granting a delegation of contracting authority leading to a procurement contracted by a non-Navy organization.
(ii) Activities shall use the template in Annex 11, Delegation of Contracting Authority, as applicable, to provide the required advance notification via email to RDAPolicy@navy.mil.
(4) Ensure contracting authority delegations are made, in writing from HCA to HCA. This authority may not be redelegated. Delegations to DON organizations must also consider the anticipated workload and available resources to ensure effective execution and management of the delegated authority. Submit a copy of contracting authority delegations via email to RDAPolicy@navy.mil upon signature.
(5) Manage and oversee contracting authority delegations to ensure the delegated contracting authority is being executed and administered in accordance with the delegation of authority and contracting regulations, rules, and procedures.
(b) HCA responsibilities and limitations. Each HCA is solely responsible for executing its delegated contracting authority for assigned acquisition programs and cognizant areas of responsibilities subject to any established limitation. An HCA has authority to procure supplies and services to support all organic requirements, such as those set forth in SECNAVINST 5400.15, unless such procurements fall within the scope of unique contracting responsibilities assigned to another HCA. Delegation of contracting authority applies only to Department of the Navy (DON) activities.
(1) When a contracting office contemplates a buy for supplies or services outside its’ HCA’s unique contracting authority, whether procuring the supply or services through its’ Navy HCA warrant or through a contracting activity external to Navy (e.g., GSA), the contract may not be awarded or administered (including a task order/delivery order) unless the cognizant HCA grants a delegation of authority in accordance with subparagraph (a) of this section.
(i) The request for delegation of contracting authority will document the rationale supporting the delegation and address how the delegation is necessary for the efficient and proper administration of the HCA’s contracting operations.
(ii) When an HCA receives a delegation of authority, that contracting authority may not be redelegated.
(2) When the requesting HCA intends to use the delegation of the granting HCA’s unique contracting authority to execute a procurement through a non-Navy cognizant organization, the HCA granting the delegation must approve use of its’ unique contracting authority for such a procurement, obtain DASN(AP) approval pursuant to subparagraph (a)(3), and identify the organization to conduct the procurement and limitations on the delegation. The specific written delegation by the HCA holding the unique contracting authority must occur prior to the HCA requesting that another activity external to Navy conduct a procurement on its behalf.
(c) HCA unique contracting authorities. The assigned responsibilities of the DON contracting activities are as follows:
(1) Deputy Assistant Secretary of the Navy (Acquisition and Procurement)(DASN(AP)) is responsible for providing advice and staff support to ASN(RD&A), who serves as the Navy Acquisition Executive and Senior Procurement Executive. DASN(AP) exercises plenary contracting authority on behalf of the Department. DASN(AP) has the following overarching responsibilities:
(i) Develop overarching policies and procedures for the acquisition of Navy and Marine Corps weapon systems, supplies, services, construction, research and development, and other mission requirements in accordance with law and regulation.
(ii) Manage and oversee the performance of the DON contracting/procurement system.
(iii) Facilitate and improve the DON acquisition system through innovative processes, tools and best practices.
(iv) Serve as the DON Competition Advocate General.
(v) Appoint Navy Contract Adjustment Board members and conduct Contract Adjustment Board proceedings under Public Law 85-804.
(2) Installations and Logistics, Headquarters, U.S. Marine Corps (HQMC, I&L) is responsible for the award and administration of contracts for supplies and services to support installation and logistics requirements of the Marine Corps Operating Forces and supporting establishments.
(3) Marine Corps Systems Command (MARCORSYSCOM) is responsible for awarding and administering contracts for assigned Marine Corps programs, assigned IT systems programs or components, and relevant professional, research and engineering services, except for naval aviation programs.
(4) Military Sealift Command (MSC) is responsible for awarding and administering contracts for services of ocean-going ships, craft, floating dry docks, and other repair facilities, for purposes such as oceanographic research and survey, underwater research, cable laying, and range instrumentation; and contracts for the maintenance, conversion, and modernization of assigned vessels. MSC’s unique contracting responsibilities include contracts for services of ferries and tugs, but exclude contracts for (i) pilot services and (ii) ferries and tugs used for husbanding services, including water taxi contracts awarded outside the continental United States under husbanding services contracts. MSC transportation responsibilities are identified in the Defense Transportation Regulation.
(5) Naval Air Systems Command (NAVAIRSYSCOM) is responsible for awarding and administering contracts for naval aviation programs and efforts supported by the Naval Air Warfare Centers, to include relevant logistics, training and professional, research and engineering services. In addition, NAVAIRSYSCOM unique contracting responsibilities include designing, developing, procuring, and supporting naval aviation systems used by the Navy and Marine Corps.
(6) Naval Facilities Engineering Command (NAVFACENGCOM) is responsible for awarding and administering contracts for all architect-engineer, construction, utilities, energy, facilities support, and assigned weapon and IT system programs or components associated with Navy expeditionary forces.
(i) NAVFACENGCOM’s unique contracting responsibilities include:
(A) Facility engineering and construction, including capital improvements;
(B) Utilities, including sales and privatization;
(C) Shore Energy, including renewable, conservation, Energy Savings Performance Contracts (ESPCs) and Utility Energy Service Contracts (UESCs), and sales;
(D) Environmental remediation, cultural resources (on DoD installations only), historical research, natural resources conservation studies (on and off DoD installations), execution of the Defense Environmental Restoration Program (DERP), delegated caretaker functions at military installations to be closed under the Defense Base Closure and Realignment Act of 1990, and any amendments thereto;
(E) Public works, including maintenance of buildings, grounds, roads and other infrastructure;
(F) Guard services;
(G) Anti-Terrorism Force Protection (ATFP) infrastructure (ashore);
(H) Contingency engineering, expeditionary and construction training systems and equipment;
(I) Logistics-over-the-shore, near shore, and ocean facilities infrastructure systems;
(J) Navy expeditionary equipment, infrastructure, and IT related systems;
(K) Procurement and lease (over 120 days) of Navy (excludes USMC) civil engineer support equipment, including railway, construction and weight-handling equipment;
(L) Procurement and maintenance of automotive vehicles used by DON; and
(M) Lease (over 60 days) of automotive vehicles used by DON.
In addition, NAVFACENGCOM is responsible for contract administration functions associated with construction work under contracts awarded by other DON contracting activities that contain any construction work.
(ii) Procedures.
(A) If an HCA other than NAVFACENGCOM intends to award a contract, and the contract scope contains any element of construction work, contracting officers shall consult with NAVFACENGCOM, as early as practicable in the acquisition planning process, to ensure HCA solicitations and contracts containing any element of construction work are properly structured, and the construction work under the contract is administered, in accordance with DON policy.
(B) NAVFACENGCOM will, upon request, assist contracting officers in determining whether the extent of construction activities to be performed under an HCA contract for supplies, equipment, services, or research and development, etc. requires a delegation of construction contracting authority from the Commander, NAVFACENGCOM and/or triggers the application of FAR Subpart 22.4, Labor Standards for Contracts Involving Construction. The delegation of authority is contingent on the HCA demonstrating, in a written request for authority, that contracting and technical/program personnel properly trained in construction contract administration and the labor standards applicable to construction work are available in the activity/organization.
(C)[Removed]
(7) Naval Sea Systems Command (NAVSEASYSCOM) is responsible for awarding and administering contracts for ships and submarines, assigned weapon systems and platforms, and relevant professional, research and engineering services. NAVSEASYSCOM unique contracting responsibilities include awarding and administering contracts for construction, maintenance and modernization of ships and submarines, nuclear propulsion, water craft, submersibles, equipage for towing, diving and salvage, and University Affiliated Research Centers.
(8) Naval Supply Systems Command (NAVSUPSYSCOM) is responsible for awarding and administering contracts in support of assigned logistics support functions. NAVSUPSYSCOM’s unique contracting responsibilities include procuring supplies and services for all non-contracting Navy activities, offices or commands for which no other HCA is delegated authority. NAVSUPSYSCOM is the DON Executive Agent for the policy areas identified in paragraphs (i) through (iv) below. NAVSUPSYSCOM shall coordinate with DASN(AP) before issuing overarching policy in any of these areas:
(i) AbilityOne (Javits-Wagner-O’Day Act) acquisitions as defined in FAR Part 8.
(ii) Contract Reporting.
(iii) Government purchase card program.
(iv) Simplified acquisition procedures as defined in FAR Part 13, except that NAVFACENGCOM may promulgate other procedures for construction, architect-engineer services, and facilities support service contracts.
(9) Office of Naval Research (ONR) is responsible for awarding and administering contracts and other instruments for assigned DON Science and Technology (S&T) research. ONR unique contracting responsibilities include the award and administration of contracts to the Navy’s Federally Funded Research Development Center (FFRDC).
(10) Space and Naval Warfare Systems Command (SPAWARSYSCOM) is responsible for awarding and administering contracts in the information dominance domain, including assigned programs in the areas of research and development, systems engineering and development, and other relevant professional services associated with production, installation and sustainment for Command, Control, Communications, Computers, Intelligence Surveillance, and Reconnaissance Systems (C4ISR); Joint Tactical Radios Systems (JTRS), Space Systems; Enterprise Information Systems (EIS); and Navy Chief Information Officer (CIO) supported information technology initiatives.
(11) Strategic Systems Programs (SSP) is responsible for awarding and administering contracts in support of the development, production, and life-cycle support of the TRIDENT Strategic Weapon System, and other assigned programs under the cognizance of the Director, SSP (DIRSSP).
5201.602 Contracting officers.
(b) 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.
5201.602-3 Ratification of unauthorized commitments.
(b)(3) HCAs may delegate authority to ratify unauthorized commitments of $100,000 or less to no lower than the Deputy/Assistant Commander for Contracts and may delegate authority to ratify unauthorized commitments of $50,000 or less to a level no lower than the CCO.
(c)(7) HCAs shall establish procedures for the ratification of unauthorized commitments to include documentation from the individual making the unauthorized commitment, a report and endorsement from the Commanding Officer of the Activity concerned to the contracting officer, preparation of a determination and findings addressing the FAR 1.602-3(c)(1) through (7) limitations, review by the appropriate counsel of the Office of General Counsel, a recommendation by the contracting officer as to ratification, signature of the determination and findings by the ratification official, and execution of the appropriate contractual documents. Comptroller review is
required for ratifications in excess of $1,000,000 where the use of expired funds is anticipated.
(S-90) DON Guidance.
The following is provided as guidance for HCAs in establishing procedures to ratify unauthorized commitments. In establishing procedures, minimizing the need to ratify unauthorized commitments should be considered as a goal.
(a) The individual making the unauthorized commitment should forward to the activity’s Commanding Officer, or civilian equivalent, documentation concerning the transaction, to include:
(1) A signed statement describing--
(i) the circumstances surrounding the unauthorized commitment;
(ii) why normal procurement procedures were not followed;
(iii) what bona fide need of the Government necessitated the commitment;
(iv) whether any benefit was received and its value;
(v) how and when it was identified as an unauthorized commitment;
(vi) attempts to resolve the unauthorized commitment prior to requesting authorization (such as returning merchandise); and
(vii) any other pertinent facts.
(2) All orders, invoices, or other documentary evidence of the transaction.
(b) If the Commanding Officer, or civilian equivalent, concurs that the commitment should be ratified, then the Commanding Officer, or civilian equivalent, should forward the documentation described above in a report to the contracting officer with an endorsement that:
(1) Verifies the accuracy and completeness of the documentation;
(2) Describes any disciplinary action taken and the measures taken to prevent a recurrence of unauthorized commitments; and
(3) Provides a complete purchase description and funding for the ratifying contract.
(c) If the statement required by (a)(1) is unavailable, the Commanding Officer, or civilian equivalent, should explain in the report the reason the individual’s statement is not available and insure that all information required under (a)(1) is provided to the extent possible.
(d) The contracting officer should:
(1) Review the documentation and endorsement provided;
(2) Determine the adequacy of the facts and documentation, obtaining any additional material required;
(3) Prepare a determination and findings for signature by the ratifying official addressing the limitations in FAR 1.602-3(c)(l) through (7);
(4) Prepare a recommendation to the ratifying official;
(5) Prepare appropriate contractual documents; and
(6) Submit the contract and supporting documents to the appropriate counsel of the Office of the General Counsel for an opinion as to form and legality and for any additional pertinent comment or advice.
(e) Comptroller review is recommended for all ratifications.
(f) The ratifying official to whom authority has been delegated pursuant to NMCARS 5201.602-3(b)(3) should review the file, and if ratification is proper, sign the determination and findings.
(g) Records. HCAs shall ensure that a record of all ratification actions is maintained. This record should include the identity of the contracting office performing the ratification, the dollar value of the ratification action, and a copy of the required determination and findings.
(h) Reports.
(1) A copy of all ratifications of unauthorized commitments must be submitted to the Senior Contracting Leader within the HCA.
(2) Within 30 days following the end of each fiscal quarter (30 October, 30 January, 30 April, 30 July) HCAs shall provide a report via e-mail to RDAPolicy@navy.mil with the
subject “Ratifications by COMMAND NAME during the X Quarter FYXX” using the format at Annex 4. That information includes:
(a) Ratification Amount
(b) Name of Contracting Officer Recommending Ratification
(c) Name of Ratifying Official
(d) Date of Ratification approval
(e) Description of Supplies/Services bought and from whom
(f) Brief description of the circumstances of the purchase, i.e. why normal procurement procedures were not followed.
5201.603 Selection, appointment, and termination of appointment.
HCAs are the agency head’s designees for the selection and appointment of contracting officers, and for the termination of their appointments. HCAs will maintain records specifying who (by position/title/office) in the contracting chain of command may select, appoint and terminate appointment of qualified individuals within the contracting activity’s cognizance and specify authority limits.
5201.603-2 (DFARS 201.603-2) Selection.
(90) Notification requirements. Submit copies of waivers authorized pursuant to DFARS 201.603-2(3) and warrants issued pursuant to the exception at DFARS 201.603-2(2)(ii) to DASN(AP) at RDAPolicy@navy.mil within five days of issuance.
(91) Except where a DON activity is designated HCA for a joint-contracting operation, if there is a need to issue a warrant to a non-DON employee, an HCA must submit a waiver request to DASN(AP) via email to RDAPolicy@navy.mil for approval, using the template in Annex 12, provided the individual is a civilian or military member of the DOD and meets applicable requirements commensurate to the proposed warrant level per 10 U.S.C.§1724.
A Contracting Officer appointment shall be terminated in writing when the individual is transferred from the position due to reassignment or permanent change of station/duty; the need for a contracting officer function no longer exists; the individual retires, resigns or the Agency terminates his/her employment; or the individual fails to comply with laws and regulations governing the procurement process, including the delegated warrant authority and responsibilities. Warrants issued specifically for a contingency operation are only valid for the period during which the individual is assigned to support the contingency office and shall be terminated in writing upon detachment from that office.
5201.690 Requirements to be met before entering into contracts.
(a) Contract actions must be subject to 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 decision on a contract action conforms to law, regulation, good business practices and DOD/DON acquisition policy.
(b) HCAs shall establish written procedures defining the types of contract actions that will require a business clearance, the applicable dollar thresholds, and the review and approval process. At a minimum, HCA procedures shall address business clearance requirements for the actions listed below. HCAs should expand this list, as appropriate.
(1) Contracts (including task and delivery orders against indefinite-delivery contracts, basic ordering agreements, blanket purchase agreements, and other contract tools).
(2) Contract modifications not within the scope or under the terms of an existing contract.
(3) Undefinitized contract actions (see DFARS Subpart 217.74.)
(4) Modifications and changes issued pursuant to the Changes, Disputes, Economic Price Adjustment, Fair Labor Standards Act and Service Contract Act—Price Adjustment, Government Delay of Work, Government Property, Incentive Price Revision, Over and Above Work, Stop-Work Order, Termination, and Value Engineering contract clauses.
(5) Settlement of claims or requests for equitable adjustment no addressed under paragraph (4) above.
(6) Retroactive pricing after completion, including final price determination.
(7) Definitization of any undefinitized or unpriced contract action, including change orders, Engineering Change Proposals, Value Engineering Change proposals, and Over and Above Work.
(8) Advance agreements on special or unusual cost items (see 5231.109.)
(9) Actions that result in the establishment, modification or rescission of a guarantee of performance on a government contract by a third party.
(c) The following contract actions do not require a business clearance, but the file must include the rationale for award sufficiently documented in a format prescribed by HCA procedures:
(1) Contract actions awarded using simplified acquisition procedures.
(2) Task orders or delivery orders issued under FAR Subpart 8.4, Federal Supply Schedules.
(3) Task orders or delivery orders issued on a firm-fixed price basis against indefinite-delivery type contracts for
(i) supplies for which unit prices are established in the contract; or
(ii) services for which unit prices are established in the contract for specific tasks to be performed and where a statement of work/statement of objectives is not required.
(d) HCAs must establish business clearance approval levels at least one level above the individual responsible for conducting the negotiations; or, if negotiations are not required, for handling the proposed contract action. 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.
(e) The format at Annex 2, Business Clearance Memorandum, shall be used to document decisions on contract actions that are subject to business clearance requirements, unless an
alternative format has been approved by DASN(AP).
5201.691 Procurement Management Oversight.
(a) DASN(AP) is responsible for oversight and review of HCAs and other designated DON
contracting organizations, and will oversee and provide guidance on the Procurement Performance Management Assessment Program (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 DASN(AP) 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 is responsible for preparing and maintaining a schedule of reviews, and conducting reviews of all subordinate organizations with delegated contracting authority.
(f) HCAs shall:
(1) When requested, nominate senior contracting personnel to serve on DASN(AP) PPMAP
teams; and
(2) By December 30th of each year, provide DASN(AP) a summary of relevant findings (best
practices, deficiencies, recommendations, etc.) from the results of the previous fiscal year’s PPMAP activities.
(g) DASN(AP) shall be advised immediately any time an organization’s contracting authority or
purchase card authority is revoked, suspended or reduced.
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 DON. Procurement management oversight in the DON is conducted through the Procurement Performance Management Assessment Program (PPMAP). The PPMAP is a flexible, performance-based, process-oriented program that 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.
