Part 5150 - Extraordinary Contractual

Actions and the Safety Act

(Revised 01 March 2024)

Subpart 5150.1 - Extraordinary Contractual Actions

5150.101 General.

5150.101-3 Records.

5150.102 Delegation of and limitations on exercise of authority.

5150.102-1 Delegation of authority.

5150.102-2 Contract adjustments boards.

5150.103 Contract adjustments.

5150.103-5 Processing cases.

Subpart 5150.1 - Extraordinary Contractual Actions

5150.101 General.

5150.101-3 Records.

(1)(iii) See DFARS PGI 250.101. Unless otherwise specified, the contracting officer is responsible for

maintaining all records under subpart 5150.1. Contracting officers shall submit the Command’s

disposition by providing a copy of the contractor’s decisional letter to the Office of the Deputy

Assistant Secretary of the Army (Procurement) (ODASA(P)) via email at usarmy.pentagon.hqda-asaalt.list.saal-ps-staff@army.mil. ODASA(P) will maintain a record of all memorandums of decision

executed at the Secretariat level.

5150.102 Delegation of and limitations on exercise of authority.

5150.102-1 Delegation of authority.

(d) The Secretary of the Army, on a non-delegable basis, has the authority to indemnify against

unusually hazardous or nuclear risks, including extension of such indemnification to subcontracts.
5150.102-2 Contract adjustments boards.

The Assistant Secretary of the Army (Acquisition, Logistics and Technology) convenes the Army

Contract Adjustment Board (ACAB) on an as-needed basis. In accordance with Headquarters,

Department of the Army General Orders Number 2017-01 (and any successor document) the Office

of the Army General Counsel provides the ACAB Recorder.

5150.103 Contract adjustments.

5150.103-5 Processing cases.

Within five working days of receipt of a request for contract adjustment, regardless of dollar

amount,the contracting officer shall submit the contractor’s request, through procurement channels,

as described below.

(1) For contract adjustment on existing firm-fixed-price contracts to account for inflationary

conditions (See https://www.acq.osd.mil/dpap/policy/policyvault/USA001773-22-DPC.pdf for Defense

Pricing and Contracting guidance)—

(a) Contracting officers shall send all FAR Part 50 contract adjustment requests to the Office of the

Deputy Assistant Secretary of the Army (Procurement (ODASA(P)) via usarmy.pentagon.hqda-asaalt.list.saal-ps-staff@army.mil, within 5-business days of receipt. Subject line should state “FAR Part

50 Extraordinary Contractual Actions_Inflation Impacts_Vendor Name”.

(b) The ODASA(P) will submit the contractor’s request to DPC within 5-business days of receipt from

the contracting officer via osd.pentagon.ousd-a-s.mbx.asda-dp-c-contractpolicy@mail.mil to satisfy

DPC reporting guidance of 10-business days.

(2) For processing and disposition of an approved contractor’s adjustment request, contracting

officers shall—

(a) Submit the Preliminary Record of Request for Adjustment, through their local headquarters

office, to the ODASA(P) via the Enterprise Task Management System 2.0 (ETMS2 ) within 30 days

after the close of the month in which the record is prepared.

(b) Follow the procedures at DFARS PGI 250.103-5 and DFARS PGI 250.101-3(2) to prepare the

preliminary and final record and coordinate with their local Senior Contracting Official and legal

counsel prior to submitting to the ODASA(P).

(3) The ODASA(P) will staff the request with the Office of the General Counsel/Acquisition Law

Practice Group and the Army Contract Adjustment Board (ACAB).

(4) The ACAB is convened by the ASA(ALT) on an as-needed basis. he ACAB will approve or

disapprove the request. The Contracting Officer will be notified of the ACAB’s decision and shall

prepare the final record as described in DFARS PGI 250.103-6.