Department of the Navy Office of the Assistant Secretary (Research, Development and Acquisition) Washington, dc 20350-1000 navy marine corps acquisition regulation supplement
PART 5234 MAJOR SYSTEM ACQUISITION
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- PART 5235 RESEARCH AND DEVELOPMENT CONTRACTING
- 5235.015 (DFARS 235.015) Contracts for research with educational institutions and nonprofit organizations.
- 5235.070 (DFARS 235.070) Indemnification against unusually hazardous risks.
- PART 5236 CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
- SUBPART 5236.6—ARCHITECT-ENGINEER SERVICES
- 5237.102-71 (DFARS 237.102-71) Limitations on service contracts for military flight simulators.
- 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA)
- 5237.104 (DFARS 237.104) Personal services contracts.
- 5237.170 (DFARS 237.170-2) Approval of contracts and task orders for services.
- 5237.191 Service Requirements Review Board reporting.
- 5237.192 Service Acquisition Workshops (SAWs)
PART 5234 MAJOR SYSTEM ACQUISITIONSUBPART 5234.70—ACQUISITION OF MAJOR WEAPON SYSTEMS AS COMMERCIAL ITEMS5234.7002 (DFARS 234.7002) Policy.(a)(1)(i) Submit the required written determination for approval by the Secretary of Defense/Deputy Secretary of Defense to DASN(AP) by email at RDAJ&As@navy.mil with the subject “DFARS 234.7002(a)(i) - D&F: Approval to Acquire a Major Weapon System as a Commercial Item.” The determination shall be accompanied by a proposed Congressional notification letter satisfying the requirements at DFARS 234.7002(a)(1)iii). PART 5235 RESEARCH AND DEVELOPMENT CONTRACTING5235.006 (DFARS 235.006) Contracting methods and contract type.(b)(i) and (ii). Notifications and requests for USD(AT&L) approval are to be submitted via DASN(AP) by email at RDAJ&As@navy.mil with the subject “DFARS 235.006 – Major Defense Program – Intent NOT to Exercise a Fixed Price Production Option on a Development Contract Notification.” 5235.015 (DFARS 235.015) Contracts for research with educational institutions and nonprofit organizations.5235.015-70 (DFARS 235.015-70) Special use allowances for research facilities acquired by educational institutions.(b) Policy. (S-90)(1) Contracts providing for a special use allowance for acquisitions or construction of research facilities shall specify: (A) that plans, specifications and major changes thereto shall be subject to approval by the Government; (B) that the work shall be subject to approval by the Government for conformity to approved plans and specifications; and (C) that the NAVFACENGCOM shall be the authorized representative of the sponsoring contracting activity for such purposes. (2) Except as otherwise directed or authorized in the approval, the contract may also provide for up to a 15% increase in the amount subject to the special use allowance to cover changes in the work or any difference between estimated and actual cost of the work. Any such increase may be made subject to the approval of the sponsoring contracting activity. If more than a 15% increase is required, the further approval of the HCA is required. 5235.070 (DFARS 235.070) Indemnification against unusually hazardous risks.5235.070-1 (DFARS 235.070-1) Indemnification under research and development contracts.(a) DASN(AP) is the approval authority. (b) Submit requests for indemnification approval to DASN(AP) by email at RDAJ&As@navy.mil with the subject “DFARS 235.070-1 – Indemnification Request under R&D Contracts.” PART 5236 CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTSSUBPART 5236.2—SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION5236.270 (DFARS 236.270) Expediting construction contracts.(a) Where additional costs are to be incurred, NAVFACENGCOM is responsible for obtaining required agency head approval and certification. SUBPART 5236.6—ARCHITECT-ENGINEER SERVICES5236.601 (DFARS 236.601) Policy.(1) NAVFACENGCOM is responsible for any required Congressional notification. PART 5237 SERVICE CONTRACTINGSUBPART 5237.1—SERVICE CONTRACTS GENERAL5237.102 (FAR 37.102) Policy.(a)(1)(S-90) Personal Medical services contracts are included as an exemption from performance-based acquisition methods. 5237.102-71 (DFARS 237.102-71) Limitations on service contracts for military flight simulators.Submit requests for waivers and required economic analysis for the congressional defense committees via DASN(AP) by email at RDAJ&As@navy.mil with the subject “DFARS 237.102-71 – Military Flight Simulator Service Contract Waiver Request.” 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA)(a) DoD contracting activities awarding or administering contracts shall incorporate the following Enterprise-wide Contractor Manpower Reporting Application (ECMRA) standard language into all contracts which include services, provided the organization that is receiving or benefiting from the contracted service is a Department of Defense organization, including reimbursable appropriated funding sources from non-DoD executive agencies where the Defense Component requiring activity is the executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: (1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) S, Utilities ONLY; (5) V, Freight and Shipping ONLY. (b)The standard language to be inserted is: “The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: (1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) S, Utilities ONLY; (5) V, Freight and Shipping ONLY.
5237.170-2 (DFARS 237.170-2) Approval requirements.(a) Acquisition of services through a contract or task order that is not performance based. (1) The HCA is the agency’s designee for approval of acquisition of services at or below $85,500,000 that is not performance based. For acquisitions above $5 million, 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. (2) For acquisitions exceeding $85,500,000, but below $500,000,000, the approval authority is DASN(AP). (S-90) This section does not apply to A&E Services or Personal Medical Services. (b) Acquisition of services through use of a contract or task order issued by a non-DoD agency. In addition to review and approval in accordance with the DoN Management Oversight Process for Acquisition of Services, approval must be obtained from: (1) The HCA for actions at or below $50,000,000. For acquisitions above $5 million, 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. (2) DASN(AP) for actions exceeding $50,000,000. (S-90) All services acquisitions between $100 million and $250 million are designated as ASN(RDA) special interest items and are subject to ASN(RDA) review. 5237.191 Service Requirements Review Board reporting.(a) Conduct a Service Requirements Review Board (SRRB) not less than annually in accordance with DASN(AP) memorandum “Service Requirements Review Board Guidance” dated April 13, 2012. (b) Action items from the SRRB not corrected within 120 days shall be reported to DASN(AP) with a Plan of Action and Milestones (POAM) to complete corrections. Submit reports to DASN(AP) via email RDAJ&As@navy.mil with the subject line “NMCARS 5237.191 – Service Requirements Review Board Action Item Correction POAM.” (c) As prescribed in the DASN(AP) SRRB guidance memorandum, forward the SRRB Final Analysis file within 30 days of the completed SRRB to DASN(AP) by email at RDAJ&As@navy.mil with the subject line “NMCARS 5237.191 – Service Requirements Review Board Final Analysis.”
(b) The waiver request shall include: the rationale for not participating in a SAW; an assessment of the quality of the requirements documents; and, steps taken to reduce costs, improve competition, and shorten acquisition lead times. (c) Participation in a SAW or approved waiver is required before a service strategy will be approved by OSD.
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