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                            NMCARS
                            Part 5209 - CONTRACTOR QUALIFICATIONS
        
                  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
Subpart5209.15209.45209.5
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Part 5209 - CONTRACTOR QUALIFICATIONSPart 5209 - CONTRACTOR QUALIFICATIONS       Subpart 5209.1 - RESPONSIBLE PROSPECTIVE CONTRACTORS                                                         5209.104 Standards.                                                                           5209.104-1 General standards.                                                                              5209.104-5 Representation and certifications regarding responsibility matters.                                                                              5209.104-6 Federal Awardee Performance and Integrity Information System.                                                                                                                            Subpart 5209.4 - DEBARMENT, SUSPENSION AND INELIGIBILITY                                                         5209.402 Policy.                                                            5209.404 System for Award Management Exclusions (SAM).                                                            5209.405 Effect of listing.                                                                           5209.405-2 Restrictions on subcontracting.                                                                                                           5209.406 Debarment.                                                                           5209.406-3 Procedures.                                                                                                           5209.407 Suspension.                                                                           5209.407-3 Procedures.                                                                                                                            Subpart 5209.5 - ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST                                                         5209.503 Waiver.                                                            5209.570 Limitations on contractors acting as lead system integrators.                                                            5209.570-2 Policy.    Subpart 5209.1 - RESPONSIBLE PROSPECTIVE CONTRACTORS     5209.104 Standards.     5209.104-1 General standards.    (g)(ii) *Ownership or control by a foreign government when access to proscribed information is required.*       (C) Submit waiver requests for Undersecretary of Defense for Intelligence approval via DASN(P) by email at   RDAJ&As.fct             @navy.mil           with the subject “[Activity Name] DFARS 209.104-1(g)(ii) - Waiver Request/National Security Interest Determination.”       (D) Submit waiver requests for Secretary of Defense approval via DASN(P) by email at address   RDAJ&As.fct             @navy.mil           with the subject “[Activity Name] DFARS 209.104-1(g)(ii)(A) - SECDEF Waiver Request.”5209.104-5 Representation and certifications regarding responsibility matters.    (a)(1) When provided an affirmative response from The Boeing Company (TBC) in paragraph (a)(1) of the provision at 52.209-5, Certification Regarding Responsibility Matters, or paragraph (h) of the provision at 52.212-3 Offeror Representations and Certification—Commercial Items, the contracting officer shall request such additional information from TBC to determine if their affirmative response is solely related to the Deferred Prosecution Agreement between TBC and the United States District Court for the Northern District of Texas, Fort Worth Division, dated January 7, 2021.       (2) If it is determined that the affirmative response from TBC in (a)(1) is solely related to the Deferred Prosecution Agreement between TBC and the United States District Court for the Northern District of Texas, Fort Worth Division, dated January 7, 2021, notwithstanding FAR 9.104-5(a)(2), contracting officers are not required to provide the notification to the Department of the Navy’s Acquisition Integrity Office.5209.104-6 Federal Awardee Performance and Integrity Information System.    (c)(2) After completing the Federal Awardee Performance and Integrity Information System (FAPIIS) review required in FAR 9.104-6 prior to contract award and determining the potential awardee was removed from the debarred or suspended list within the last two years, the contracting officer, if choosing to continue with contract award, shall notify the HCA and the AGC(AI)). The AGC (AI) may provide additional available relevant information regarding the prospective awardee to assist the HCA in making and supporting the decision to award. The HCA shall approve the contract award.Subpart 5209.4 - DEBARMENT, SUSPENSION AND INELIGIBILITY     5209.402 Policy.    (d) The AGC(AI) is the Department of the Navy’s Suspending and Debarring Official (SDO). Attorneys in the Acquisition Integrity Office have the responsibility for processing and recommending suspension or debarment action to the SDO.5209.404 System for Award Management Exclusions (SAM).    (b)(8) The Acquisition Integrity Office has the responsibility for entering data, updating, and performing all other administrative functions regarding the SAM exclusions for the DON.5209.405 Effect of listing.    (a) ASN(RDA) shall make the required determination that there is a compelling reason. Submit requests for an ASN(RDA) determination to DASN(P) with justification for the proposed consent action by email at   RDAJ&As.fct             @navy.mil           with the subject “[Activity Name] DFARS 209.405 – Compelling Reason Review and Approval.” DASN(P) shall provide written notification of the determination to the General Services Administration.       (b)(ii) Submit requests for an agency head exception via DASN(P) with justification that award to Code “H” ineligible contractor is in the paramount interest of the United States by email at   RDAJ&As.fct             @navy.mil           with the subject “[Activity Name] DFARS 209.405 – Code H Ineligible Facility Review and Approval.”       (e)(2) ASN(RDA) shall make the required determination that there is a compelling reason. Submit requests for an ASN(RDA) determination to DASN(P) with justification for the proposed consideration of the bid by email at   RDAJ&As.fct@navy.mil           with subject “[Activity Name] FAR 9.405(e)(2) – Compelling Reason Review and Approval.” DASN(P) shall provide written notification of the determination to the General Services Administration.       (3) ASN(RDA) shall make the required determination that there is a compelling reason. Submit requests for an ASN(RDA) determination to DASN(P) with justification for the proposed consideration of the bid by email at   RDAJ&As.fct@navy.mil           with subject “[Activity Name] FAR 9.405(e)(3) – Compelling Reason Review and Approval.” DASN(P) shall provide written notification of the determination to the General Services Administration. 5209.405-2 Restrictions on subcontracting.    (a) ASN(RDA) shall make the required determination that there is a compelling reason. Submit requests for an ASN(RDA) determination to DASN(P) with justification for the proposed consent action by email at   RDAJ&As.fct@navy.mil           with the subject “[Activity Name] DFARS 209.405-2(a) – Compelling Reason Review and Approval.” DASN(P) shall provide written notification of the determination to the General Services Administration.5209.406 Debarment.     5209.406-3 Procedures.    (i) Refer all matters to AGC(AI) in accordance with PGI 209.406-3.       (ii)(G) If Government employees are implicated in the underlying conduct that led to the          referral, the names and current addresses of the employees, disciplinary action taken and          the current employment status of each individual.       (H) If          no disciplinary action was taken against Government employees involved in the wrongdoing,          and the contractor or contractor personnel are recommended for debarment or suspension, a          statement explaining why no disciplinary action was taken against the Government          employee(s), and why debarment or suspension is appropriate under the circumstances.       (iv)(S-90) Contracting officers shall          report when the contractor receives a rating of “Unsatisfactory” in any evaluation area of          Past Performance under a DON contract to the DON AIO. When the contracting officer issues a          show cause or cure notice, the cognizant contracting officer shall submit a copy of the          issuance to the DON Acquisition Integrity Office AIO within five days by email at   aio@navy.mil           with the subject “PGI 209.406-3 - Poor Performance Referral."5209.407 Suspension.     5209.407-3 Procedures.    Refer all matters to AGC(AI). Prepare and process reports in accordance with 5209.406-3.Subpart 5209.5 - ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST     5209.503 Waiver.    The HCA is the agency head’s designee, without power of redelegation, for making the determinations required by FAR 9.503.5209.570 Limitations on contractors acting as lead system integrators.5209.570-2 Policy.    (c)(2**)** Submit the required written determination for approval with a copy of the approved AS, STRAP, or MOPAS-S by the SECDEF/USD(AT&L) via DASN(P) by email at   RDAJ&As.fct             @navy.mil           with the subject “[Activity Name] DFARS 209.570-2 - D&F to Use a Contractor to Perform Lead System Integrator Functions.”
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