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                            NMCARS
                            Part 5217 - SPECIAL CONTRACTING         METHODS
        
                  NMCARS
NMCARS
Change Number: NMCARS Change 18-22 Effective Date: 07/11/2022
PartPart 5201Part 5202Part 5203Part 5204Part 5205Part 5206Part 5207Part 5208Part 5209Part 5211Part 5212Part 5213Part 5214Part 5215Part 5216Part 5217Part 5219Part 5222Part 5223Part 5225Part 5227Part 5228Part 5229Part 5230Part 5231Part 5232Part 5233Part 5234Part 5235Part 5236Part 5237Part 5239Part 5241Part 5242Part 5243Part 5245Part 5246Part 5248Part 5249Part 5250Part 5252Annex 1Annex 2Annex 3Annex 4Annex 5Annex 6Annex 7Annex 8Annex 9Annex 10Annex 11Annex 12Annex 13Annex 14Annex 15Annex 16Annex 17Annex 18Annex 19Annex 20Annex 21Annex 22Annex 23Annex 24Annex 25
Subpart5217.15217.25217.55217.75217.74
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Part 5217 - SPECIAL CONTRACTING METHODSPart 5217 - SPECIAL CONTRACTING         METHODS       Subpart 5217.1 - MULTI-YEAR CONTRACTING                                                         5217.105 Policy.                                                                           5217.105-1 Uses.                                                                                                           5217.170 General.                                                            5217.171 Multiyear contracts for services.                                                            5217.172 Multiyear contracts for supplies.                                                                           5217.172-90 Multiyear contracts for supplies.                                                                                                           5217.174 Multiyear contracts for electricity from renewable energy sources.                                                                             Subpart 5217.2 - OPTIONS                                                         5217.200 Scope of Subpart.                                                            5217.204 Contracts.                                                            5217.207 Exercise of Options.                                                                             Subpart 5217.5 - INTERAGENCY ACQUISITIONS                                                         5217.502 Procedures.                                                                           5217.502-1 General.                                                                              5217.502-2 The Economy Act.                                                                                                                            Subpart 5217.7 - INTERAGENCY ACQUISITIONS: ACQUISITIONS BY NONDEFENSE AGENCIES ON BEHALF OF THE DEPARTMENT OF DEFENSE                                                         5217.703 Policy.                                                            5217.770 Procedures.                                                                             Subpart 5217.74 - UNDEFINITIZED CONTRACT ACTIONS                                                         5217.7402 Exceptions.                                                            5217.7404 Limitations.                                                                           5217.7404-3 Definitization Schedule.                                                                                             5217.7404-5 Exceptions.                                                                                                                                                                      5217.7405 Plans and Reports.    Subpart 5217.1 - MULTI-YEAR CONTRACTING     5217.105 Policy.     5217.105-1 Uses.    (b) HCAs have authority to award multi-year contracts, subject to restrictions contained in the FAR and DFARS. For multi-year procurements authorized by law, HCAs shall make the required determinations.5217.170 General.    (b) HCAs shall submit to DASN(P) the required          congressional notification for termination of any multi-year contract by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] DFARS 217.170 – Multiyear Contract Termination - Congressional          Notification” following the format prescribed in 5205.303. Email notifications are required          to be submitted at least 45 days before termination.       (d)(4) At least 45 days before contract award,          HCAs shall submit to DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] DFARS 217.170 - Multiyear Contract – Congressional Notification” all          required congressional notifications set forth in DFARS       217.170(d)(1) following the format prescribed in 5205.303.5217.171 Multiyear contracts for services.    (c) HCAs are delegated the authority, without power of redelegation, to make the written determination required by DFARS 217.171(c).5217.172 Multiyear contracts for supplies.    (b) HCAs are delegated the authority, without power of redelegation, to make the determinations required by FAR 17.105-1 and DFARS 217.172(b).       (h) HCAs shall ensure the conditions required in DFARS 217.172(h) are satisfied prior to entering into a contract.       (2)(viii) At least 45 days          prior to contract award, notifications will be submitted to DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] DFARS 217.170 -Multiyear Contract for Supplies - Congressional          Notification.” Contracting officers shall verify that the required Congressional          notification has been made and the time limit for award has been satisfied before executing          contract award. 5217.172-90 Multiyear contracts for supplies.    (f)(2) HCAs shall submit a copy of the          determinations and findings to usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] Multiyear Contract for Supplies >$678.5M Review and Approval” prior to          entering into a contract.5217.174 Multiyear contracts for electricity from renewable energy sources.    (a) Only COMNAVFACENGCOM has the authority to award contracts pursuant to this section.Subpart 5217.2 - OPTIONS     5217.200 Scope of Subpart.    Notwithstanding FAR 17.200, to the extent options are included, FAR 17.2 and DFARS 217.2 apply.5217.204 Contracts.    (e)(i) Approval for use of contract          terms in excess of the limitations specified in FAR 17.204(e) shall be supported by a          written determination and obtained prior to solicitation. Approval shall be at a level not          lower than the CCO or to a Flag/General Officer/SES, who is a member of the Contracting          Community, without power of redelegation. This requirement is waived if due to the use of          FAR Clause 52.217-8, “Option to Extend Services” and pricing was included in the contract.          To establish an ordering period in excess of 10 years, in accordance with DFARS          217.204(e)(i)(C), a determination shall be executed by ASN(RDA). Submit such requests with          a copy of the approved AS, STRAP, or MOPAS-S via DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil          with the subject “[Activity Name] DFARS 217.204 – Contract          Term > 10 Years D&F Review and Approval.”       (iii) The senior procurement executive          has provided this approval, via ASN(RDA) memorandum dated January 11, 2016 entitled,          “Approval to Extend the Performance Period of SeaPort and SeaPort-e Task and Delivery          Orders Issued Under SeaPort and SeaPort-e Indefinite Delivery, Indefinite Quantity          Contracts,” for task or delivery orders issued on or before December 31, 2019 under the          Naval Sea Systems Command’s SeaPort IDIQ indefinite             delivery, indefinite quantity (IDIQ) contracts.5217.207 Exercise of Options.    (c)(3) SeaPort shall be included in the consideration.Subpart 5217.5 - INTERAGENCY ACQUISITIONS     5217.502 Procedures.     5217.502-1 General.    (b) Prior to release of the solicitation and          following coordination with the Director OSBP, HCAs shall submit Part 1 of the BCA to          DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] FAR 17.502-1 - BCA for [Insert the name of the corresponding situation          above]”. If the acquisition involves Information Technology, coordination is also required          with DON Chief Information Officer (DON CIO) as well as OSBP prior to submission to          DASN(P).5217.502-2 The Economy Act.    (a) See Annex 4 for STRL deviations applicable hereto.       (b) The following are examples of acquisitions that do not require Economy Act D&Fs:       (1) Interagency acquisitions from the General Services Administration conducted under the authority of 40 U.S.C. Section 321, Acquisition Services Fund;       (2) Acquisitions conducted pursuant to DFARS Subpart 208.70, “Coordinated Acquisition”;       (3) Acquisitions conducted under the          authority of the Project Order Act, 41 U.S.C. Section 23; and       (4) Interagency acquisitions from the Library of Congress conducted under the          authority of Section 103 of P.L. 106-481 (2 U.S.C. 182c), FEDLINK Revolving Fund.       (c)(1) Notwithstanding FAR             17.502-2(c), a D&F for acquisitions under the Economy Act is not required from a             requesting DOD component, if there is a support agreement between the DON and that DOD             component for the acquisition that complies with DoDI 4000.19, “Support             Agreements”.       (2) Except for the special circumstances and limitations specified below, the          agency head’s designees for approving D&Fs for interagency acquisitions are:       DASN(P)       Chief of Naval Research       Commander, Marine Corps Systems Command       Commander, Military Sealift Command       Commander, Naval Air Systems Command       Commander, Naval Facilities Engineering Command       Commander, Naval Sea Systems Command       Commander, Naval Supply Systems Command       Commander, Naval Information Warfare Systems Command       Director, Strategic Systems Programs       Deputy Commandant for Installations and Logistics, Headquarters, Marine Corps       (i) For assisted acquisitions to non-DOD activities that require contracting action on the part of the servicing agency, comply with approval requirements in 5217.770.       (ii) Special Circumstances and Limitations       (A) Special Circumstances.       (1) Approval authority for Economy Act          orders that require a contracting action on the part of the Department of Transportation’s          Volpe Laboratories is not delegated. The Agency head’s designee to approve D&Fs for          these Economy Act orders is DASN(P). Submit D&Fs for approval with a copy of the          approved AS, STRAP, or MOPAS-S to DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] NMCARS 5217.502(c)(2)(ii)(A)(1) – DOT Volpe Lab Determination.”       (2) HCAs will enter into and administer all DOD Work For Others (WFO) projects performed at the Department of Energy (DOE) facilities in accordance with the DOE/DOD MOA except as the DPC guidance allows for amendment.       (3) HCAs shall conduct an annual compliance assessment of DOE WFO orders.       Submit the assessment results by          December 15 to DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] FAR 17.502-2 – Annual DOE WFO Order Compliance Assessment”.       (B) Limitations. Approval authority of          D&Fs for Interagency Economy Act orders that will result in a contracting action          executed by an agency not subject to the FAR (e.g. the Central Intelligence Agency,          Tennessee Valley Authority, United States Postal Service, Federal Aviation Administration,          and Library of Congress), is limited to the NSPE, without power of redelegation. Submit          D&Fs for approval with a copy of the approved AS, STRAP, or MOPAS-S to DASN(P) by email          at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] Interagency Economy Act orders by Agency not Subject to FAR.”       (iii) *Documentation*. Files of approved orders, including supporting documentation, shall be maintained at a single location within each activity delegated approval authority.Subpart 5217.7 - INTERAGENCY ACQUISITIONS: ACQUISITIONS BY NONDEFENSE AGENCIES ON BEHALF OF THE DEPARTMENT OF DEFENSE     5217.703 Policy.    (c) Submit nondefense agency certifications of          compliance to DPC within 40 days of the beginning of the fiscal year via DASN(P) by email          at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] FAR 17.703 - Annual Nondefense Agency Certifications Report.”       (e) The HCA is the approval authority, without          power of redelegation, for written determinations. Submit a copy of the signed written          determination to DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] FAR 17.703 – Section 801 Subsection(b)(2) FY 2008 NDAA Waiver          Determination.”5217.770 Procedures.    HCAs shall establish and maintain procedures, for assisted and direct acquisitions, consistent with approval authorities in this section, for reviewing and approving orders placed for supplies and services under non-DoD contracts when the amount of the order exceeds the simplified acquisition threshold. Approval authorities for assisted and direct acquisitions are:       (1) Assisted acquisitions.       (i) ASN(RDA) is the decision authority for assisted acquisitions exceeding $550,000,000.       (ii) DASN(P) is the decision authority for assisted acquisitions exceeding $50,000,000.       (iii) The HCA is the decision authority for assisted acquisitions at or below $50,000,000. This authority may be delegated; but, for requirements over $5,000,000, decision authority may only be delegated to an official in the Requiring Organization who is a Flag or General Officer; a member of the SES; or, for a requirement arising from a claimant activity without Flag/General Officer/SES, the commanding officer of that activity.       (2) Direct acquisitions. The business clearance approval official is the decision authority for direct acquisitions.Subpart 5217.74 - UNDEFINITIZED CONTRACT ACTIONS     5217.7402 Exceptions.    (b) Submit the required advance notification to          the Director, DPC via DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] DFARS 217.7402(b) - Advance Notice of Impracticable UCA Policy Adherence.”5217.7404 Limitations.     5217.7404-3 Definitization Schedule.    (b) For any reportable Undefinitized Contract Action (UCA) that falls 30 days behind its definitization schedule, the contracting officer shall notify the approval authority of the delay and identify actions taken to get back on schedule. 5217.7404-5 Exceptions.    (b) Submit requests for waivers of limitations on          UCAs to DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] DFARS 217.7404-5 - Waiver of Limitations on UCAs—[insert applicable DFARS          cite].”5217.7405 Plans and Reports.    (a)(2) HCAs shall submit by April 15 and October 15 a Consolidated Undefinitized Contract Action (UCA) Management Report, identifying each UCA and unpriced change order with an estimated value of more than $5 million.       (b) In the format prescribed at Annex 6, submit the required UCA report to DASN(P) by email at   Policy@navy.mil           with the subject “DFARS 217.7405 - UCA Management Report” followed by the applicable reporting period/year (e.g. UCA Management Report: April 15, 2014).
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