Department of the Navy Office of the Assistant Secretary (Research, Development and Acquisition) Washington, dc 20350-1000 navy marine corps acquisition regulation supplement


SUBPART 5206.5—COMPETITION ADVOCATES



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SUBPART 5206.5—COMPETITION ADVOCATES

5206.501 (FAR 6.501) Requirement.


DASN(AP) is designated the Competition Advocate General of the Navy. HCAs shall appoint competition advocates for their respective contracting activities.

5206.502 (FAR 6.502) Duties and responsibilities.


(b)(S-90) Competition advocates shall also:

(1) Act as the primary focal points to assist members of the private sector regarding their expressed concerns or complaints in reference to the manner of application or lack of application of competition in the acquisition process; and

(2) Take appropriate action to ensure that valid complaints from the private sector are resolved in a fair and timely manner.

PART 5207 ACQUISITION PLANNING

SUBPART 5207.1—ACQUISITION PLANS

5207.103 (DFARS 207.103) Agency-head responsibilities.


(d)(i) In prescribing procedures for the review and approval of acquisition plans and revisions to those plans pursuant to 5207.103(j), HCAs may tailor the content requirements of FAR 7.105 and DFARS PGI 207.105 for written acquisition plans for the following categories of acquisitions: military construction; commercial items; spare and repair parts; items of supply that are managed on a national basis where requirements are computed in accordance with established DoD/DoN inventory management policy/regulation; overhaul and/or modification of naval vessels, small vessels and crafts (including MSC vessels/crafts); overhaul and/or modification of engines; operation and maintenance of weapon test/training ranges; ocean towage; Commercial Activities; architect engineer; major station maintenance and repair; and component overhaul/maintenance/repair at the depot, intermediate or organizational levels.

(g) Acquisition planners shall ensure that the assigned small business specialist is afforded the opportunity to participate actively in the acquisition planning process.

(j) DASN(AP) is the approval authority for acquisition plans (APs) that include individual contract actions with an estimated value of $100,000,000 or more (including options), except if the contract action is included in a current acquisition strategy for an ACAT program for which ASN(RDA) or USD(AT&L) is the milestone decision authority. Submit APs requiring DASN(AP) review and approval by email at RDAJ&As@navy.mil with the subject “DFARS 207.103 - AP Review and Approval.” For contracts valued less than $100,000,000 (including options), HCAs are responsible for prescribing procedures for the review and approval of APs (including revisions to the plans) by cognizant PEOs, DRPMs or HCAs and their designees. All APs must be signed by the approving official, the program manager, the CCO, and the contracting officer.

5207.105 (FAR 7.105) Contents of written acquisition plans.


(b)(5) Acquisition considerations. When performing acquisition planning for programs in acquisition categories I and IA and II through IV with associated milestone reviews, contracting officers shall incorporate the requirements to obtain DoDI 5000.02 program review approvals in conjunction with programmatic milestones prior to RFP release. Principal Deputy Undersecretary for Defense, Acquisition, Technology, and Logistics (AT&L) (PDUSD (AT&L)) memorandum, Improving Milestone Process Effectiveness, dated June 23, 2011 contains the specific review and approval requirements required prior to RFP release.

5207.106 (DFARS 207.106) Additional requirements for major systems


(S-73) If a waiver request for major system special preservation and tooling is pursued, submit the request for USD(AT&L) approval via DASN(AP) by email at RDAJ&As@navy.mil with the subject “DFARS 207.106--USD(AT&L) Waiver Request.” All waiver requests shall be signed by the HCA, program manager, CCO, and contracting officer.

5207.107 (FAR 7.107) Additional requirements for acquisitions involving bundling.


(c) Submit requests for NAE determinations via DASN(AP) by email at RDAJ&As@navy.mil with the subject “DFARS 207.107—Bundling Determination Approval.”

5207.170 (DFARS 207.170) Consolidation of contract requirements.

5207.170-3 (DFARS 207.170-3) Policy and procedures.


(a)(3) Approval authority for the determination that use of a consolidated contract is necessary and justified is delegated to—

(i) DASN(AP) for actions at or above $50,000,000,

(ii) the HCA for actions below $50,000,000. HCA authority may be delegated, without power of redelegation, only to the Deputy/Assistant Commander for Contracts, a Flag or General Officer or SES who is a member of the Acquisition Professional Community, or, for commands/locations without a local SES/Flag/General Officer, to the Commanding Officer.

SUBPART 5207.2—PLANNING FOR THE PURCHASE OF SUPPLIES IN ECONOMIC QUANTITIES

5207.204 (FAR 7.204) Responsibilities of contracting officers.


(a) Information provided by offerors in response to this solicitation provision shall be forwarded to the requiring activity for consideration.


SUBPART 5207.5—INHERENTLY GOVERNMENTAL FUNCTIONS

5207.503 (FAR 7.503) Policy.


(e) Disagreements regarding the requiring official's determination shall be resolved by the CCO before issuance of a solicitation. Advice of counsel shall be obtained.


SUBPART 5207.70—BUY-TO-BUDGET – ADDITIONAL QUANTITIES OF END ITEMS

5207.7002 (DFARS 207.7002) Authority to acquire additional quantities of end items.


Determinations for use of this authority shall be prepared as Determinations and Findings (D&Fs) (see FAR Subpart 1.7) for approval by ASN(RDA). Submit determinations via DASN(AP) by email at RDAJ&As@navy.mil with the subject “DFARS 207.7002 - Acquisition of Additional Quantities of End Items D&F Review and Approval.” Proposed determinations shall include a review by the activity comptroller.



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