External Link Disclaimer

This hyperlink does not constitute endorsement by the U.S. Navy of non-U.S. Government sites or the information, products, or services contained therein. Although the U.S. Navy may or may not use these sites as additional distribution channels for Department of Defense information, it does not exercise editorial control over all of the information that you may find at these locations. Such links are provided consistent with the stated purpose of this website.

-RDA > DASN(AP) Policy Push
DASN(AP) Policy Push

This page provides, for administrative ease, a one-stop summary of recently released or anticipated changes to procurement policy and other reminders which may be relevant to contracting professionals within the Department of the Navy.

Complete versions of the regulations can be found as follows:
Federal Acquisition Regulation (FAR)
https://acquisition.gov/far.html

Defense Federal Acquisition Regulation Supplement (DFARS)
http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Navy Marine Corps Acquisition Regulation Supplement (NMCARS)
http://www.secnav.navy.mil/rda/Pages/NMCARS.aspx

Information posted aligns with the start of FY15. No more than three months of information will be posted and information outside the current three month window will not be archived.

January 8 - 12, 2018

 
The organization of the content for this period is:
 
Legal Decision (PLEASE READ)
Class Deviations
Regulation Reminder
Upcoming Reports

******************************************************************************
Legal Decision
 
The Chief Counsel of the Office of Inspector General (OIG), U.S. Department of Transportation (DOT), requested a decision on whether recent actions on DOT’s Smarter Skies Twitter account—specifically, a “retweet” and a “like” of a tweet on July 12, 2017—were in violation of an appropriations act provision applicable to DOT in fiscal year (FY) 2017. 
Excerpted from the decision, "we conclude that DOT violated an anti‑lobbying provision in the Financial Services and General Government Appropriations Act, 2017, when it “retweeted” and “liked” a tweet urging followers to “[t]ell Congress to pass” pending legislation.  Although DOT was not the author of the tweet, DOT, by retweeting and liking it not only endorsed the message, but also created agency content.  Because DOT obligated and expended appropriated funds in violation of a statutory prohibition, we also conclude that DOT violated the Antideficiency Act and should report accordingly."   Further details are available at:  https://www.gao.gov/products/B-329368?utm_medium=email&utm_source=govdeliverymt=e-report.

******************************************************************************
Class Deviations
 
Title:  Class Deviation 2018-O0009 Pilot Program for Streamlining Awards for Innovative Technology Projects
Effective Date:  January 9, 2017
NMCARS change not anticipated.
Summary:  Effective immediately, the list of exceptions to certified cost or pricing data requirements at FAR 15.403-1(b) is expanded to include contracts, subcontracts, or modifications of contracts or subcontracts valued at less than $7.5 million awarded to a small business concern or nontraditional defense contractor pursuant to:
  • A technical, merit-based selection procedure such as a broad agency announcement,
  • The Small Business Innovation Research Program (SBIR), or
  • The Small Business Technology Transfer Program (STTR)
In addition, contracts, subcontracts and modifications of contracts and subcontracts for the first two categories are exempt from the requirements for audit and records examination under the FAR clause 52.215-2.  This exemption does not apply under the STTR. The HCA may determine not to apply the exemption.  The deviation defines a nontraditional defense contractor to mean an entity that is currently not performing and has not performed a contract or subcontract for DoD subject to full coverage under the cost accounting standards for at least a one year period preceding the relevant solicitation.  Further details are available at:  https://www.acq.osd.mil/dpap/policy/policyvault/USA003941-17-DPAP.pdf.
 
Title:  Class Deviation 2018-O0010 Temporary Extension of the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans
Effective Date:  January 9, 2017
NMCARS change not anticipated.
Summary:  Extends the expiration date at DFARS 219.702(3) from December 31, 2014 to December 31, 2027. This class deviation remains in effect until the final rule for DFARS Case 2015-D013 is published in the Federal Register. Further details are available at:  https://www.acq.osd.mil/dpap/policy/policyvault/USA004009-17-DPAP.pdf
******************************************************************************
Regulation Reminder
 
Numbering and content from FAR to DFARS to NMCARS
 
When reading NMCARS, except for 90 or S-90 numbering, the numbering and content follow from FAR or DFARS. 90 or S-90 numbering indicates Navy unique content and will not align exactly with FAR or DFARS numbering as stated in DFARS 201.303(a)(iii):
 
Department/agency and component supplements must parallel the FAR and DFARS numbering, except department/agency supplemental numbering uses subsection numbering of 90 and up, instead of 70 and up.
 
The NMCARS paragraph that is applicable to numbering and content are:
 
NMCARS 5201.105-2 (FAR 1.105-2) Arrangement of regulations.
   (c) References and citations.
     (1) References to this supplement within this supplement will be without a name or acronym prefix.  References to FAR citations in this supplement should be read to include any corresponding paragraphs of the DFARS and this supplement and any additional authorizations, restrictions, policies and procedures they may contain.  For example, the words "...when authorized under FAR Part 25..." include authorities granted under FAR Part 25, DFARS Part 225 and Part 5225 of this supplement.  A FAR cite in parentheses immediately after the NMCARS cite means related coverage is contained in the FAR (e.g. 5201.104 (FAR 1.104)).  A DFARS cite in parentheses immediately after the NMCARS cite means related coverage is contained in the DFARS (e.g. 5201.104 (DFARS 201.104)).  A Procedures, Guidance and Information (PGI) cite in parenthesis immediately after the NMCARS cite means related coverage is contained in PGI (e.g. 5201.104 (PGI 201.104)).  The cite denoted in parentheses represents the lowest level of guidance contained in FAR, DFARS and the PGI. Additional relevant guidance associated with the NMCARS content may also be contained in the higher-level documents. NMCARS numbering and content usually flow down from FAR and DFARS. 
 
 AND
 
5201.303 (DFARS 201.303) Publication and codification.
    (a)(ii) To the extent possible, all text in this Supplement (whether implementing or supplemental) is numbered as if it were implementing the FAR or DFARS.
          (A) Implementing numbering is the same as its FAR or DFARS counterpart, preceded by the prefix "52".
          (B) Supplemental numbering is the same as its FAR or DFARS counterpart, preceded by the prefix “52” with the addition of a number 90 and up for parts, subparts, sections, or subsections or S-90 and up for lower divisions.
 
When reading the NMCARS, remember to read FAR and DFARS related content to form the complete picture related to the topic you are researching.  This is also true when providing comments related to numbering and content when providing inputs to DASN(AP) on various policy changes.
 
 ******************************************************************************
 
Upcoming Reports
 
Title: PPMAP Self-Assessments/Internal Compliance Review
Reference: NMCARS 5201.691-2(d)(2)
Due Date: January 30, 2018
Email: RDAJ&As.fct@navy.mil 
 
Title: Bridge Contract Awards
Reference: NMCARS 5206.303-92                                 
Due Date: January 30, 2018
Email: RDAJ&As.fct@navy.mil  
 
Title: V&V Data Verification
Reference: NMCARS 5204.604(3)(i)                               
Due Date: January 30, 2018
Email: RDAJ&As.fct@navy.mil 
 
Title: Government-Furnished Property Compliance Report
Reference: NMCARS 5245.103-73(ii)                               
Due Date: January 31, 2018
Email: RDAJ&As.fct@navy.mil 
 
Title: Ratification Reports
Reference: NMCARS 5201.602-3(S-90)(e)(2)                                
Due Date: January 31, 2018
Email: Policy@navy.mil 
 
Title: DCMA Business Base Forecast and Evaluation
Reference: NMCARS 5242.1790                                
Due Date: February 7, 2018
Email: RDAJ&As.fct@navy.mil

December 23, 2017 - January 5, 2018

 
The organization of the content for this period is:
 
Final Rules
DFARS Technical Changes
PGI Changes
Class Deviation
Upcoming Reports Due
 
******************************************************************************
 
Final Rules
 
Title: New Qualifying Country – Latvia (DFARS Case 2017-D037)
Effective Date: December 28, 2017
NMCARS change not anticipated.
Summary: Adds Latvia as a qualifying country. On April 10, 2017, the Secretary of Defense and the Minister of Defense of the Republic of Latvia signed a Reciprocal Defense Procurement Agreement. This agreement does not cover construction or construction material. Latvia is already a designated country under the World Trade Organization Government Procurement Agreement. Further details are available at: https://www.gpo.gov/fdsys/pkg/FR-2017-12-28/pdf/2017-27780.pdf/
 
Title: Trade Agreements Thresholds (DFARS Case 2018-D001)
Effective Date: January 1, 2018
NMCARS change not anticipated.
Summary: Amends the DFARS to adjust thresholds for application of the World Trade Organization Government Procurement Agreement and Free Trade Agreements as determined by the United States Trade Representative. The trade agreements thresholds are adjusted every two years according to predetermined formulae set forth in the agreements. Further details are available at: https://www.gpo.gov/fdsys/pkg/FR-2017-12-28/pdf/2017-27781.pdf/ 
 
******************************************************************************
 
DFARS Technical Changes
 
Effective Date: December 28, 2017
NMCARS change not anticipated.
Summary: Makes multiple changes updating references, links, guidance, titles of clauses and corrects typographical errors..  Major changes include:
  • Provides guidance at DFARS 219.705-4(d) that contracting officers may use the checklist at PGI 219.705-4 when reviewing subcontracting plans, and to see PGI 219.705-6(f) for guidance on reviewing subcontracting reports. Adds a new section at DFARS 219.705-6 to refer contracting officers to PGI 219.705-6(f) for guidance on reviewing subcontracting reports. Updates the Part 219 Table of Contents.
  • Corrects, at 204.7304(b) and 212.301(f)(ii)(B), the DFARS clause 252.204-7009 title to add the missing words “Reported Cyber Incident”
  • Revises various DFARS sections to reflect updated references and cite the applicable volumes of DoD Manual 4140.01.
  • Revises DFARS 222.406-9(c)(3) to state that the Department of Labor will retain withheld funds pending completion of an investigation or other administrative proceedings in lieu of the Comptroller General.
  • Renumbers DFARS section 245.103-73 as 245.103-74. Provides new guidance at DFARS 245.103-73 for contracting officers to see DFARS PGI 245.103-73 for information on reporting Government property under sustainment contracts. Updates the Part 245 Table of Contents.

Further details are available at: https://www.acq.osd.mil/dpap/dars/change_notices.html
 
******************************************************************************
 
PGI Changes (Further details are available at: https://www.acq.osd.mil/dpap/dars/change_notices.html)
 
Title: Reporting Government Inventory Held under Sustainment Contracts (DFARS PGI Case 2017-P004)
Effective Date: December 28, 2017
NMCARS change not anticipated.
Summary: Clarifies responsibilities regarding Government property provided under sustainment contracts, and the use of the DD Form 1423, Contract Data Requirements List, for inventory reporting.
 
Title: PGI Administrative Changes
Effective Date: December 28, 2017
NMCARS change not anticipated.
Summary: Makes administrative changes including:
  • Revises three PGI sections to reflect updated references and cite the applicable volumes of DoD Manual 4140.01. The updated reference citations are located at: PGI 206.302-2(iv), 209.270-4(1), and 245.201-70(8).
  • Provides an updated reference at PGI 237.102-75.

 
******************************************************************************
 
Class Deviation
 
Title:  Class Deviation 2018-O0008 Additional Access to Records in the USCENTCOM Theater of Operations
Effective Date:  December 20, 2017
NMCARS change not anticipated.
Summary:  Effective immediately, contracting officers shall include deviation clause 252.225-7979, Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations (DEVIATION 2018-O0008), in all solicitations and contracts with an estimated value in excess of $50,000 that are performed, in whole or in part, in the United States Central Command (USCENTCOM) Theater of Operations, including solicitations and contracts using FAR Part 12 procedures for the acquisition of commercial items. Further details are available at: http://www.secnav.navy.mil/rda/Policy/2017%20Policy%20Memoranda/Class-Deviation-2018-O0008.aspx.
 
******************************************************************************
 
Upcoming Reports Due
 
Title: Competition Report
Cite:  FAR 6.502(b)(2)                     
Date Due: January 22, 2018
Email: RDAJ&As.fct@navy.mil 
 
Title: IUID Report
Cite:  NMCARS 5211.274-2(S-90)
Date Due: January 15, 2018
Email: RDAJ&As.fct@navy.mil 
 
Title: Peer Review Forecast
Cite:  NMCARS 5201.170                            
Date Due: January 25, 2018
Email: RDAJ&As.fct@navy.mil 
 

December 16 - 22, 2017

 

DPAP Policy Memorandum

******************************************************************************

Title:  Mass Modifications to Implement DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

Effective Date:  December 15, 2017

NMCARS not change not anticipated.

Summary:  In accordance with DFARS 242.302(a)(S-70), contract administration components are requested to expeditiously process mass modifications to DoD contracts where contractor requests for contract modification to support implementation of NIST SP 800-171.  Bilateral modifications shall be used with no change in contract price, obligated amount, or fee arrangement.  Services/components may elect to use other available modification mechanisms in cases when a mass modification in cases when such a mass modification is not deemed appropriate.  Further details are available at:  http://www.secnav.navy.mil/rda/Policy/2017%20Policy%20Memoranda/Mass-Modifications-to-Implement-DFARS-252.204-7012.aspx

December 9 - 15, 2017

 

The organization of the content for this period is:

Note
NMCARS Change 13-17
Class Deviations
Upcoming Reports

******************************************************************************

NOTE

I understand a DPAP Memorandum has been signed providing guidance encouraging contracting officers, when requested by the contractor, to approve, through DCMA, the use of NIST SP 800-171 (Revision 1) (See DFARS Clause 252.204-7012) if it was not the NIST of record when the solicitation was released or otherwise authorized by the Contracting Officer.  As soon as I get my hands on a signed and dated copy, I'll forward that separately.

******************************************************************************

NMCARS Change 13-17

Title:  NMCARS Change 13-17
Effective Date:  December 15, 2017
NOTE:  Justifications not yet approved shall comply with NMCARS Change 13-17.  If they have been submitted to DASN(AP), the should have been or will be returned to the submitting activity.
Summary:  This change to NMCARS makes changes in three major areas

  • Numerous clarifications, revisions, and a deletion are made to the use, content, approval and submission of a justification. Adds definitions of "new procurement work" and "contract." 
  • Revises the threshold for submission of some Streamlined Acquisition Plans (STRAPs) and some Management and Oversight Process for the Acquisition of Services - Streamlined (MOPAS-S) requiring DASN(AP) approval from $100 million to $250 million.
  • Requires concurrence from DASN(AP) prior to waiving the requirement for contractor's electronic submission of payment requests and receiving reports.

This NMCARS change will be posted to the ASN(RDA) NMCARS website at: http://www.secnav.navy.mil/rda/Pages/NMCARS.aspx

 

******************************************************************************

Class Deviations

Title: Class Deviation 2018-O0007, Small Business Subcontract Reporting
Effective Date: December 13, 2017
NMCARS change not anticipated.
Summary: Contracting officers shall use the deviation clauses and alternates, in lieu of alternate IV of the clause at FAR 52.219-9, Small Business Subcontracting Plan, and the basic and alternate I of the clause at DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts).  The deviation prescribes specific usage requirements for the clauses and alternates.  The clauses now require contractors to submit Individual Subcontracting Reports for Basic Ordering Agreements (BOAs) and Blanket Purchasing Agreements (BPAs).  In addition, the deviation changes the reporting entity for Electronic Subcontracting Reporting System (eSRS) for which the contractor submits the Summary Subcontract Report from the military department or defense agency to DoD. Further details are available at:  https://www.acq.osd.mil/dpap/dars/class_deviations.html.

Title: Class Deviation 2018-O0006, Evaluation Factors for Certain Multiple-Award Task- or Delivery-Order Contracts
Effective Date: December 13, 2017
NMCARS change not anticipated.
Summary: Contracting officers, at their discretion, when issuing a solicitation that will result in multiple-award contracts for the same or similar services, may exclude price or cost as an evaluation factor for the contract awards, if the solicitation states that the Government intends to make an award to all qualifying offerors. Price or cost shall be considered as a factor in source selection decision for each task or delivery order. For the purposes of this deviation, a qualifying offeror is an offeror that is determined to be a responsible source and submits a technically qualifying proposal that conforms to the requirements of the solicitation.  In addition, the contracting must have no reason to believe the offeror is likely to submit other than fair and reasonable pricing. Further details are available at:  https://www.acq.osd.mil/dpap/dars/class_deviations.html.

Title: Class Deviation 2018-O0005, Educational Service Agreements for Training in the Legal Profession
Effective Date: December 13, 2017
NMCARS change not anticipated.
Summary: Contracting officers may enter into educational services agreements for training in any legal profession.  Further details are available at:  https://www.acq.osd.mil/dpap/dars/class_deviations.html.

Title: Class Deviation 2018-O0003, Section 899 Pilot Program Regarding Risk-Based Contracting for Smaller Contract Actions
Effective Date: December 13, 2017
NMCARS change not anticipated.
Summary: Subject to prior approval by the Director, Defense Procurement and Acquisition Policy (DPAP), DoD contracting officers may participate in the "Section 899 Pilot Program Regarding Risk-Based Contracting for Smaller Contract Actions." When authorized by DPAP, contracting officers shall include the clause DFARS 252.215-7999, Pilot Program Regarding Risk-Based Contracting for Smaller Contract Actions, in approved solicitations and contracts.  This program allows the Secretary of Defense to authorize higher thresholds for certified cost or pricing data up to $5 million through using risk-based sampling techniques to evaluate cost or pricing data submitted by contractors. Further details are available at:  https://www.acq.osd.mil/dpap/dars/class_deviations.html.

December 4 - 8, 2017

 

The organization of the content for this period is:

Class Deviation
DFARS Administrative Updates
DFARS PGI Changes

******************************************************************************

Class Deviation

Title: Class Deviation 2018-O0004, Nonelectronic Submission of Payment Requests for Packing, Crating, and Storage of Household Goods
Effective Date: December 5, 2017
NMCARS change not anticipated.
Summary: For solicitations and contracts for packing, crating and storage of household goods belonging to DoD employees and service members, in lieu of including the clause at DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, contracting officers shall:

  • Ensure that the contract administration data section of the contracts and order specifies that invoices shall be submitted to the ordering office and provide the mailing address, email address, and fax number of the responsible ordering office.
  • Submit proper invoices to the appropriate Military Service payment office as delineated in the deviation.

The class deviation allows for the submission of payment requests by nonelectronic means for contracts for packing, crating and storage of household goods belonging to DoD employees and service members.  Further details are available at:  https://www.acq.osd.mil/dpap/dars/class_deviations.html.

******************************************************************************

DFARS Administrative Changes

Title: PGI Administrative Updates
Effective Date: December 8, 2017
NMCARS change not anticipated.
Summary:  Makes administrative changes to multiple DFARS sections to correct misspellings, update a hyperlink, correct a dollar threshold, correct cross references and insert DFARS in two locations. Further details are available at:  https://www.acq.osd.mil/dpap/dars/change_notices.html.

******************************************************************************

DFARS PGI Changes

Title: Contract Reporting Under Federal Procurement Data System (FPDS) Version 1.5 (DFARS PGI Case 2017-P006)
Effective Date: December 8, 2017
NMCARS change not anticipated.
Summary:  Amends DFARS PGI part 204 FPDS reporting instructions for consistency with the FPDS Version 1.5. Further details are available at:  https://www.acq.osd.mil/dpap/dars/change_notices.html.

Title: PGI Administrative Updates
Effective Date: December 8, 2017
NMCARS change not anticipated.
Summary:  Makes administrative changes to DFARS PGI sections to update hyperlinks, correct an address, update listing of OMB information collections and the listing of DoD contracting components. Further details are available at:  https://www.acq.osd.mil/dpap/dars/change_notices.html.

November 10 - December 1, 2017

 

The organization of the content for this period is:

***DFARS PGI Changes***
Class Deviation
Policy Memorandum
Upcoming Reports

******************************************************************************

***DFARS PGI Changes***

For your ready reference, I have attached the DFARS Publication Notice containing the following changes:

Title: Payment Instructions (DFARS PGI Case 2018-P001)
Effective Date: December 1, 2017
NMCARS change not anticipated.
Summary:  Updates the DFARS PGI to provide payment instructions for certain contracts based on the payment clause contained in the contract.
Title: Safeguarding Covered Defense Information and Cyber Incident Reporting (DFARS PGI Case 2017-P003)
Effective Date: December 1, 2017
NMCARS change anticipated.
Summary:  Updates the DFARS PGI procedures for safeguarding covered defense information and cyber incident reporting to be consistent with the previously published DFARS case 2013-D018, Network Penetration Reporting and Contracting for Cloud Services.

Title: Update of DD Form 2579 (DFARS PGI Case 2016-P021)
Effective Date: December 1, 2017
NMCARS change not anticipated.
Summary: Updates the DFARS PGI to provide instructions for completing the DD Form 2579.

Title: Subcontracting Plans and Associated Reports (DFARS PGI Case 2016-P018)
Effective Date: December 1, 2017
NMCARS change not anticipated.
Summary: Provides additional guidance to contracting officers regarding the review of small business subcontracting plans and subcontracting reports.

Further details are available at:  https://www.acq.osd.mil/dpap/dars/change_notices.html.

******************************************************************************

Class Deviation

Title: Additional Special Emergency Procurement Authority - Delegation to the Head of the Contracting Activity (2018-O0001)
Effective Date: November 8, 2017
NMCARS change anticipated.
Summary:  For DoD acquisitions of supplies and services funded by DoD appropriations, contracting officers shall use the special emergency procurement authorities as set forth in the procedures provided in the attachment to this class deviation from the DFARS.  This class deviation delegates to the head of the contracting activity the decision authorities provided to the head of the agency by class deviation from the FAR, 2017-O0007, Special Emergency Procurement Authority. This deviation also expands nonstatutory emergency acquisition flexibilities relating to item unique identification, receipt of only one offer, and limitations on time-and-materials contracts to include contracts that facilitate defense against or recovery from cyber-attack, facilitate the provision of international disaster assistance, or support response to an emergency or major disaster.  Further details are available at:  https://www.acq.osd.mil/dpap/policy/policyvault/USA003193-17-DPAP.pdf.

******************************************************************************

Policy Memorandum

Title: USD (ATL) Implementation of ' Fiscal Year 2017 NDAA Section 883 Pilot Program
Effective Date: November 7, 2017
NMCARS change not anticipated.
Summary: Provides policy, procedures, and guidance for the six-year pilot program, authorized by Section 883 of the FY17 NDAA, when it is in the best interests of the United States Government, DLA storage and distribution services support may be made available to a contractor in support of the contractor's performance of a contract entered into by the DoD for the production, modification, maintenance, or repair of a weapon system. The authority to enter into contracts is given to the Director, DLA under this pilot program and is limited to a total of five contracts and shall expire on December 23, 2022. Further details are available at:  http://www.secnav.navy.mil/rda/Policy/2017%20Policy%20Memoranda/Section-883-Implementation-Guide.pdf.

******************************************************************************

Upcoming Reports

Title: DoE WFO Order Compliance Assessment Results
Reference:  NMCARS 5217.502-2(S-90)(a)(3)
Due Date:  December 15
Email: RDAJ&As.fct@navy.mil 

Title: eSRS Status Report
Reference:  DPAP Memo April 16, 2009
Due Date:  December 15
Email: RDAJ&As.fct@navy.mil

October 11 - November 9, 2017

 

The organization of the content for this period is:

Regulation Reminder
Final Rule
Policy Memoranda
Upcoming Report
 
******************************************************************************

Regulation Reminder

Topic:  Delegation Authorities.
FAR 1.108 states, "Each authority is delegable unless specifically stated otherwise (see 1.102-4(b))."  NMCARS 5201.108(b) states, "The authorities assigned or delegated within NMCARS may be delegated or redelegated, unless otherwise restricted."  Accordingly, unless FAR, DFARS or NMCARS specifically limits delegation of authority, the HCAs may delegate their authority as they choose.  Those delegations should be captured in writing for easy traceability by oversight organizations.

For example, NMCARS 5237.170-2(b) has two levels of approval below the Navy Senior Services Manager (SSM).  Below $5 million, there are no statements limiting delegation authority and the HCAs can delegate approval levels further without restriction. At $5 million to below $50 million, there are delegation of authority restrictions specified by using the term "without power of redelegation". Delegations within this dollar range may only be made as indicated in the limiting language within the NMCARS.

******************************************************************************

Final Rule

FAR: FAC 2005-96; Removal of Fair Pay and Safe Workplaces Rule Republication (FAR Case 2017-015)
Effective Date: November 6, 2017
NMCARS change not anticipated.
Summary: This published final rule removes the entire final rule published on December 6, 2016 including the amendments published on December 16, 2016. By statute, the rule published in 2016 shall be treated as if it had never taken effect. Only FAR 52.222-60, Paycheck Transparency (Executive Order 13673), had gone into effect; it was authorized to be included in
solicitations starting on January 1, 2017, and may have been included in recently awarded contracts. This and all other Fair Pay and Safe Workplaces provisions and clauses are unenforceable. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2017-11-08/pdf/R1-2017-23590.pdf.

******************************************************************************

Policy Memoranda

Title:  Change 13-16 of the Navy Marine Corps Acquisition Regulation Supplement (NMCARS)
Effective Date:  October 30, 2017
Summary: Incorporates various changes into the NMCARS.  Major changes include update of the Navy Streamlined Acquisition Plans (STRAPs) and Management and Oversight Process for the Acquisition of Services (MOPAS); conduct of peer reviews; and deletion of guidance and reporting requirements for Service Requirement Review Boards (SRRBs) and indemnification agreements.  SRRB guidance and reporting remain in effect as delineated in the joint DASN(FMC) and ASN(RDA) memorandum titled "Contractual Services Guidance for FY18" dated August 15, 2017 (included in this Policy Push).  The annexes are included for you ease on our website.  Additional information is available at: http://www.secnav.navy.mil/rda/Pages/NMCARS.aspx.

Title:  Contractual Service Guidance for FY2018
Effective Date:  October 1, 2017
NMCARS change not anticipated.
Summary:  Provides guidance on the validation and execution of contractual services requirements.  Directs that Budget Submitting Offices (BSOs), Program Executive Offices (PEOs) and Direct Reporting Program Managers (DRPMs) to have a formal process to identify, plan and prioritize and validate contractual services requirements prior to issuing funding documents.  The SRRB will be used to conduct this process. Funding documents for contractual services must be annotated with the services identification number (SID) and approval date at issuance. The memo contains two attachments outlining specific guidance and actions related to SRRB policy, processes and procedures as well as the SRRB Results Data Template used to report FY18 SRRB results.  Additional information is available at: http://www.secnav.navy.mil/rda/Policy/2017%20Policy%20Memoranda/Contractual-Services-Guidance-for-FY2018.aspx.  

Title:  Department of Defense Office of Management and Budget Reporting
Effective Date: October 20, 2017
NMCARS change not anticipated.
Summary: Eliminates reporting requirements from DoD to OMB for the Government Purchase Card.  DoD is still required to maintain the statistical, narrative and violation information previously submitted.  Further details are available at: http://www.secnav.navy.mil/rda/Policy/2017%20Policy%20Memoranda/DoD-Government-Purchase-Card-Reporting.aspx

Title:  Services Acquisition Workshops (SAWs)
Effective Date:  April 18, 2018
NMCARS change anticipated.
Summary: Revises the thresholds for a SAW from $1 billion to a total acquisition value of $500M or more or an annual value of $250M or more.  The memo delineates inclusion of operations in contingency environments, research and development services and those described under FAR 35.017 for SAW applicability. A SAW is required prior to Acquisition Strategy approval.  SAW waivers will only be granted by the DoD Services Acquisition Functional Leader.  An annual reporting requirement is instituted for a five year annual SAW forecast starting in October 2018.  Further details are available at: http://www.acq.osd.mil/dpap/policy/policyvault/USA003125-17-DPAP.pdf.

Title:  Contracting with the AbilityOne Program
Effective Date: November 1, 2017
NMCARS change not anticipated.
Summary: A DoD Inspector General audit found that a small percentage of AbilityOne contracts included supplies or services not on the AbilityOne Procurement List (PL) at the time of contract award. Contracting officers are reminded to follow the purchasing priorities of FAR, Part 8.7.  The PL is available at www.abilityone.gov to determine if a product or service is on the PL.  Further details are available at: http://www.secnav.navy.mil/rda/Policy/2017%20Policy%20Memoranda/Contracting-with-the-AbilityOne-Program.aspx.

******************************************************************************

Upcoming Report

Report Title: Cost Accounting Standards Waivers over $15M
Reference:  NMCARS 5230.201-5(e)
Due Date: November 15, 2017
Email: RDAJ&As.fct@navy.mil

Policy Memoranda
Navy Labor Advisor Note
Upcoming Reports Due
 
******************************************************************************

September 23 - October 10, 2017

 

The organization of the content for this period is:

Policy Memoranda
Navy Labor Advisor Note
Upcoming Reports Due
 
******************************************************************************

Policy Memoranda

Title:  NMCARS Change 13-15
Effective Date:  September 27, 2017
Summary:  Multiple changes are incorporated into NMCARS addressing revisions associated with DPAP class deviations, streamlining of peer reviews, IUID reporting and new shipbuilding construction warranty requirements. The change also make administrative changes to updates NMCARS. Additional information is available at: http://www.secnav.navy.mil/rda/Pages/NMCARS.aspx.
NOTE:  Received several questions on the ECMRA website.  Awaiting response from ECMRA POC.  Also acknowledge we didn't flow the MPT change all the way through.  That will also be administratively corrected in the next change.

Title: Department of Defense Government Charge Card Guidebook for Establishing and Managing Purchase, Travel, and Fuel Card Program Update
NMCARS change not anticipated.
Effective Date: October 1, 2017
Summary: The memo provides notification of the reissuance of the subject guidebook. The purpose of the guide is to help DoD officials establish and manage the various charge card programs.  The Guide provides a high-level overview of the policies and processes, with a goal to streamline and consolidate processes common to the purchase travel and fuel card programs. The guide is available at http://www.acq.osd.mil/dpap/pdi/pc/policy_documents.html.

******************************************************************************

Navy Labor Advisor Note

Title:  New Minimum Cash Wage Rate
Effective Date:  September 15, 2017
Summary:  On September 15, 2017, the Department of Labor announced the new applicable cash wage rate to be paid to worker who perform work on, or in connection with, Federal contracts covered by Executive Order 13658.  Establishing a Minimum Wage for Contractors.  Covered contractors must pay at least that new rate, $10.35 per hour ($7.25 per hour for tipped employees), beginning January 1, 2018.  The Executive Order applies to contracts covered by the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, formerly known as the Service Contract Act and the Davis-Bacon Act respectively.  Additional information about this minimum wage rate can be found at: https://www.federalregister.gov/documents/2017/09/15/2017-19668/establishing-a-minimum-wage-for-contractors-notice-of-rate-change-in-effect-as-of-january-1-2018

******************************************************************************

Upcoming Reports

Report Title: Peer Review Forecast
Reference:  NMCARS 5201.170
Due Date: October 25, 2017
Email: RDAJ&As.fct@navy.mil

Report Title: Report of Contract Data for Multi-Year contracts with Economic Price Adjustment clauses
Reference:  NMCARS 5216.203-4(S-90)                                  
Due Date: October 26, 2017
Email: RDAJ&As.fct@navy.mil

Report Title: Commercial Item Exceptions to Cost/Pricing Data valued $19.5M or more
Reference:  NMCARS 5215.403-1(c)(3)(B)
Due Date: October 31, 2017
Email: RDAJ&As.fct@navy.mil

Report Title: Truth in Negotiation Act (TINA) Waivers valued $19.5M or more
Reference:  NMCARS 5215.403-1(c)(4)(B)
Due Date: October 31, 2017
Email: RDAJ&As.fct@navy.mil
 
Report Title: Nondefense Agency Certifications Report
Reference:  NMCARS 5217.703(c)                                  
Due Date: Within 40 days of the beginning of the fiscal year
Email: RDAJ&As.fct@navy.mil

Report Title: ECMRA Contractor Service Hour Labor Reporting
Reference:  NMCARS 5237.102-90
Due Date: October 31, 2017
Email: RDAJ&As.fct@navy.mil

Report Title: Government-Furnished Property Compliance Report
Reference:  NMCARS 5245.103-73(ii)
Due Date: October 31, 2017
Email: RDAJ&As.fct@navy.mil

Report Title: Indemnification Agreements 
Reference:  DPAP Memo ""Inputs for the Report to Congress on Indemnification Agreements." dated Oct 7, 2015                                 
Due Date: November 1, 2017
Email: RDAJ&As.fct@navy.mil

September 7 - 22, 2017

 

The organization of the content for this period is:

Policy Memoranda
Class Deviations
Upcoming Reports Due

******************************************************************************

Policy Memoranda

Title: Wide Area Workflow (WAWF) Contract Closeout Module
NMCARS change not anticipated.
Effective Date: September 1, 2017
Summary: WAWF has implemented a WAWF contract closeout module to perform contract closeout procedures defined in FAR 4.804 and contract completion statement distribution per DFARS PGI 204.804.  Organizations responsible for contract administration that do not have a contract closeout tool capable of meeting the FAR and DFARS requirements shall use the WAWF Contract Closeout Module in lieu of manual or partially automated processes.  Further details are available at: http://www.acq.osd.mil/dpap/ops/policy_vault.html.

Title: Safeguarding Covered Defense Information and Cyber Incident Reporting
NMCARS change not anticipated.
Effective Date: September 21, 2017
Summary: DFARS Clause 252.204-7012 requires contractors to implement NIST Special Publication 800-171 to safeguard covered defense information that is processed or stored on their internal information system or network.   The clause is effective upon award, but contractors have until December 31, 2017 to implement NIST SP 800-171.   The referenced memorandum provides guidance in anticipation of the December 31, 2017 implementation deadline.   Further details are available at: http://www.acq.osd.mil/dpap/ops/policy_vault.html.

******************************************************************************

Class Deviations

Title:  Contractor Personnel Performing in the United States Central Command Area of Responsibility (Class Deviation 2017-O0004)
NMCARS change not anticipated.
Effective Date: September 15, 2017
Summary:  Effective immediately, contracting officers shall use the clause 252.225-7995, Contractor Personnel Performing in the United States Central Command Area of Responsibility in lieu of the DFARS clause 252.225-7040, Contractor Personnel Supporting U. S. Armed Forces Deployed Outside the United States. This class deviation rescinds and supersedes Class Deviation 2015-O0009 dated January 12, 2015. This Class Deviation remains in effect until incorporated into DFARS or otherwise rescinded. Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

Title:  Products and Services from the African Host Nation - Djibouti (Class Deviation 2017-O0009)
NMCARS change anticipated.
Effective Date: September 15, 2017
Summary: Effective immediately, contracting officers shall use the procedures and clauses provided in this class deviation when acquiring products or services from the African host nation of Djibouti. Enhanced procurement authority is provided to limit competition to, or provide a preference for products and services from an African host nation or a covered African country other than the African host nation, for acquisitions in support of DoD activities in a covered African country. Currently, Djibouti is the only covered African country. This authority does not apply to products on the AbilityOne Procurement List.
Report to DASN(AP), within 7 calendar days of an award in calendar year 2017, using this authority, the following:
      - Whether the acquisition procedure at 225.7798-3(a)(1) or (a)(2) was used;
      - A description of the product(s) or service(s) acquired;
      - The extent to which the use of the authority has met one or more of the objectives of Section 899A of the FY17 NDAA.
This Class Deviation remains in effect until incorporated into DFARS or otherwise rescinded. Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

Title: Independent Research and Development Technical Interchange (Class Deviation 2017-O0010)
NMCARS change not anticipated.
Effective Date: September 14, 2017
Summary: Effective immediately, contracting officers shall not require a major contractor, as defined in DFARS 231.205-18(a)(iii), to engage in or document a technical exchange, as defined in DFARS 231.205-18(c)(iii)(C)(4), as part of the criteria for determining a contractor's annual independent research and development (IR&D) costs to be allowable.  As a result of this deviation, the actions at DFARS 231.205-18(c)(iii)(C)(4) are no longer a part of the criteria a contracting officer must consider in determining a major contractor's annual IR&D costs to be allowable. This Class Deviation remains in effect until incorporated into DFARS or otherwise rescinded. Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

******************************************************************************

Upcoming Reports

Report Title: PPMAP Assessment Plan
Reference:  NMCARS 5201.691-2(d)(1)
Due Date: October 1, 2017
Email: RDAJ&As.fct@navy.mil
 
Report Title: Report on Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items
Reference:  NMCARS 5212.7102-2
Due Date: October 15, 2017
Email: RDAJ&As.fct@navy.mil
 
Report Title: COTS End Items Report for contracts valued at $5M or more (including task orders/ delivery orders) PER ITEM
Reference:  NMCARS 5225.7003(b)(2)(ii)
Due Date: October 15, 2017
Email: RDAJ&As.fct@navy.mil

Report Title: Consolidated Undefinitized Contract Actions (UCA) Management Report
Reference:  NMCARS 5217.7405(a)(2)
Due Date: October 15, 2017
Email: RDAJ&As.fct@navy.mil

August 17 - September 6, 2017

 

The organization of the content for this period is:

Class Deviations
Upcoming Report Due

******************************************************************************

Class Deviations

Title:  Special Emergency Procurement Authorities (Class Deviation 2017-O0007)
NMCARS change not anticipated.
Effective Date: September 1, 2017
Summary:  Effective immediately for DoD acquisitions of supplies or services funded by DoD appropriations, contracting officers and other individuals delegated purchasing authority shall use the special emergency procurement authorities as set forth in the definitions and procedures provided in the subject class deviation. This deviation implements an increased micro-purchase threshold of $20,000 inside the United States (U.S.) or $30,000 outside the U.S. and increased simplified acquisition threshold of $750,000 inside the U.S. and $1.500,000 outside the U.S., when facilitating international disaster assistance or is in support of response to an emergency or major disaster. This class deviation rescinds and supersedes Class Deviation 2017-O006 issued July 13, 2017. Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx and in the attached email.

Title:  Office of Federal Contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts (Class Deviation 2017-O0008)
NMCARS change not anticipated.
Effective Date: September 1, 2017
Summary: Effective immediately, for contracts entered into to provide Hurricane Harvey relief, contracting officers shall use the modified version of three Equal Employment Opportunity clauses as set forth in the subject class deviation relieving contractors of the requirement to develop a written affirmative action plan addressing Executive Order 11246, the Vietnam Era Veterans' Readjustment Assistance Act, and section 503 of the Rehabilitation Act of 1973. Nondiscrimination requirements of these statutes remain in effect. This Class Deviation remains in effect until November 30, 2017 unless otherwise rescinded or extended. Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

Title: Authority to Acquire Products and Services Produced in Afghanistan or in Countries along a Major Route of Supply to Afghanistan (Class Deviation 2017-O0003)
NMCARS change not anticipated.
Effective Date: September 1, 2017
Summary: Effective immediately, to the extent feasible, contracting officers shall use the procedures and clauses provided in the attachment to the subject class deviation, in lieu of the procedures and clauses at Defense Federal Acquisition Supplement (DFARS) 225.7703, 252.225-7023, 252.225-7024, and 252.225-7026, when acquiring products or services in support of military or stability operations in Afghanistan. Specifically, if the acquisition is in support of operations in Afghanistan, unless an exception for AbilityOne applies:

- Prepare and execute a written determination in accordance with DFARS 225.7799-1and -2 (DEVIATION 2017-O0003);
- Evaluate offers in accordance with DFARS 225.7799-3 (DEVIATION 2017-O0003); and,
- Include the appropriate provision and/or clause in the solicitation and contract in accordance with DFARS 225.7799-4 (DEVIATION 2017-O0003)

This Class Deviation rescinds and supersedes Class Deviation 2016-O0004 and remains in effect until December 31, 2018 unless otherwise rescinded or extended. Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

******************************************************************************

Upcoming Report Due

Title: Peer Review Forecast
Due Date: September 25, 2017
Reference: NMCARS 5201.170                            
Email: RDAJ&As.fct@navy.mil

 

July 31 - August 14, 2017

The organization of the content for this period is:

Policy Memorandum
Labor Advisor Note

************************************************************************** 

Policy Memorandum 

Title:  Responsibilities of the Deputy Assistant Secretary of the Navy for Acquisition and Procurement
NMCARS change not anticipated.
Effective Date: July 27, 2017
Summary:  This memo outlines responsibilities of the office of the Deputy Assistant Secretary of the Navy for Acquisition and Procurement and emphasizes use of the chain of command with this office as the Department's focal point for coordination, interpretation, and implementation of DoD procurement and acquisition policy. Further information is available at:
http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

***************************************************************************

Labor Advisor Note

On July 25, 2017, the Department of Labor (DOL) issued All-Agency Memorandum( AAM) No. 225 which published the most recent annual update to the Service Contract Labor Standards prevailing health & welfare (H&W) rates.  The new rates are reflected in wage determinations published by DOL on or after August 1, 2017.  AAM No. 225 is different than past annual updates in that DOL published separate new H&W rates, based on whether the contract is subject to Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors.  Please contact the Navy Labor Advisor (NavyLaborAdvisor@navy.mil, 703-693-2939) or NAVFAC's Labor Advisor (Lynn.Forbes@Navy.Mil) with any questions about this topic.  AAM No. 225 is available at https://www.wdol.gov/aam/aam225.pdf.

July 17 - July 28, 2017

 

The organization of the content for this period is:

Policy Memoranda
Upcoming Reports Due

******************************************************************************

Title:  Government-wide Commercial Purchase Card Guidance Related to Class Deviation 2017-O006, Increased Micro-Purchase Threshold dated July 17, 2017
NMCARS change not anticipated.
Effective Date: July 21, 2017
Summary:  This memo reiterates the increased micro-purchase thresholds delineated in the DPAP memo dated July 13, 2017.  This memorandum further defines that a Cardholder’s single purchase limits are raised only when:

      • A determination has been made that the mission requirements and the historical spending patterns demonstrate a need to raise the account’s currently authorized purchase limits;
      • The Cardholder has been appropriately trained for setting-aside purchases for small business; and
      • The Cardholder has been trained for purchasing from or requesting waivers from Federal Prison Industries.

DOD Government Purchase Card (GPC) Agency/Organization Program Coordinators are directed to ensure each GPC Cardholder account that is granted a single purchase limit above $5,000 up to the $10,000 micro-purchase threshold authorized by the class deviation is only used to make GPC purchase for basic research programs and activities of the science and technology research laboratories. Micro-purchase determinations for a basic research program shall be guided by the DoD Financial Management Regulation, Volume 2B, Chapter 5, Parts 050105 and 050106.  Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

Title: Our Pricing Responsibilities and Warfighter Lethality
NMCARS change not anticipated.
Effective Date: July 26, 2017
Summary: Forwards a SECDEF memo regarding our mission and stewardship responsibilities.  Reinforces our responsibility to the warfighter and the taxpayer to pay a responsible price in our obligation to contribute to a lethal warfighter capability. While improving our acquisition and contracting effectiveness, the need for “deliberative” speed is necessary to protect the best interests of the warfighter and taxpayer.  When a premium is paid to get goods and services, do so with purpose, complete awareness of the premium and why we paid the premium.
Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

Title: Counterfeit Materiel Process Guidebook, NAVSO P-7000
NMCARS change not anticipated.
Effective Date: June 20, 2017
Summary: Provides the DoN acquisition and sustainment communities with guidance for managing the risk of counterfeit material.  Provides amplifying guidance to the DoD Instruction 4140.67, DoD Counterfeit Prevention Policy, to apply an effective, risk-based approach to mitigating impacts to our systems and supply chain posed by counterfeit materials. Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

******************************************************************************
Upcoming Report Due:

Component Acquisition Regulation Supplement
Due Date: August 31, 2017
Reference: NMCARS 5201.103(S-90)
Email: Policy@navy.mil

June 26 - July 14, 2017

 

The organization of the content for this period is:

Policy Memoranda
Class Deviation
Upcoming Reports Due

******************************************************************************
Policy Memoranda

Title:  Interim Guidance on Government Purchase Card Disciplinary Category Definitions Used in OMB Violations Reporting
NMCARS change not anticipated.
Effective Date: July 3, 2017
Summary:  Until further notice, the disciplinary categories described in this memorandum shall be used to ensure accurate and complete GPC OMB violation reporting across DoD components.  The guidance provides interim definitions, examples and intentionality for each category, and indicates which are reportable as violations to OMB and which are not reportable.  Guidance shall be used for DoD OMB Quarterly Statistical Reporting beginning the first quarter FY 2018, and shall be used for DoD OMB Semi-Annual Violations Reporting beginning with the 1 Oct 2017 – 30 Mar 2018 reporting period.  Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

Title: Independent Logistics Assessment Handbook, NAVSO P-3692
NMCARS change not anticipated.
Effective Date: June 1, 2017
Summary: The DoN ILA Handbook, NAVSO P-3692 is updated providing DoN Independent Logistics Assessment (ILA) teams with the process, criteria and a tool for conducting ILAs. While the overall ILA process remains the same, the primary revisions include:
 

      • Breaking out the Post Full Rate Production/Full Deployment Decision (FRP/FDD) ILA assessment criteria from the acquisition phase assessment criteria;
      • Removing the requirement to conduct Post FRP/FDD ILAs for Acquisition Category (ACAT) III/IV programs;
      • Incorporating 2017 NDAA, Section 849 requiring certain cost and reliability elements to be assessed and reported for ACAT I programs after fielding;
      • Incorporating Naval Audit Service recommendations to ensure current Fleet issues are being assessed; and
      • Updating the acquisition assessment criteria to make them current with the new DoD and DoN policies

Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

Title: Improving Compliance with the Berry Amendment and Buy American Act
NMCARS change not anticipated.
Effective Date: June 20, 2017
Summary: Reinforces current statutory and regulatory guidance and Executive Order 13788, Buy American and Hire American, requiring agencies to “scrupulously monitor, enforce, and comply with Buy American Laws.” The memorandum highlights recent fraud convictions related to compliance with Buy American laws and numerous contracts where:

      • The Berry Amendment and Buy American Act clauses should have been, but were not included in contracts;
      • Compliance with law and regulations was neither applied nor properly justified; or
      • Where potential Anti-Deficiency Act violations may have occurred.

Additionally, DAU has updated its continuous models CLC 125 – Berry Amendment and CLC 027 – Buy American Act.  Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

Title:  Pilot Program Regarding Risk-Based Contracting for Smaller Contract Actions Under the Truth in Negotiations Act
NMCARS change not anticipated.
Effective Date: June 21, 2016
Summary:  DoD has a unique opportunity in a pilot setting to assess the impact(s) of raising the threshold for obtaining certified cost and pricing data from $750,000 to $5,000,000 on prime contracts or subcontracts.  Organizations are requested to identify at least one opportunity to test this revised authority and submit deviation requests to OUSD (AT&L). Further information is available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx. (In 2016 archive).

******************************************************************************

Class Deviation

Class Deviation 2017-O0006 – Increased Micro-Purchase Threshold
NMCARS change not anticipated.
Effective Date: July 13, 2017
Summary:  Effective immediately, for DoD acquisition of supplies or services funded by DoD appropriations, in lieu of the “micro-purchase definition at FAR 2.101, “Micro-purchase threshold,” means:

    • $5.000 (10 U.S.C. 2338), except for:
    • $10,000 (10 U.S.C. 2339) for DoD acquisition of supplies or services for basic research programs and for activities of the DoD science and technology reinvention; and
    • As provided at paragraphs (1) through (3) of the definition of “micro-purchase threshold” at FAR 2.101.

This class deviation is effective until it is incorporated in the DFARS or until rescinded.  Further information is available at: http://www.acq.osd.mil/dpap/dars/class_deviations.html.  

******************************************************************************
Upcoming Report Due:

DCMA Business Base Forecast and Evaluation
Due Date: August 7, 2017
Reference: NMCARS 5242.1790
Email: RDAJ&As.fct@navy.mil

Peer Review Forecast
Due Date: August 25, 2017
Reference: NMCARS 5201.170
Email: RDAJ&As.fct@navy.mil

****************************************************************************** 

May 29 - June 23, 2017

 

The organization of the content for this period is:

Request for Comment
DOL Training
Upcoming Reports Due 

****************************************************************************** 

Request for Comment:

DFARS Subgroup to the DoD Regulatory Reform Task Force, Review of DFARS Solicitation Provisions and Contract Clauses
Summary:  The DFARS Subgroup to the DoD Regulatory Reform Task Force is seeking input on DFARS solicitation provisions and contract clauses that may be appropriate for repeal, replacement, or modification.  If desired, submit comments to Policy@navy.mil by August 14, 2017.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2017-06-20/pdf/2017-12731.pdf.     

******************************************************************************

DOL Training 

The Department of Labor's Wage and Hour Division is hosting its final 3-day Prevailing Wage Seminar of 2017 in Pittsburgh, PA on August 15-17.  The seminar will cover compliance and enforcement matters under the Davis-Bacon Act, Service Contract Act, and labor-related executive orders affecting government contracts.  Please visit https://www.dol.gov/whd/govcontracts/SeminarsInfo.htm for registration and related information about the seminar.  Registration is free but the cost of travel would need to be borne by your command 

******************************************************************************

Upcoming Reports Due:

Peer Review Forecast
Due Date: July 25, 2017
Reference: NMCARS 5201.170
Email: RDAJ&As.fct@navy.mil

Bridge Contract Awards
Due Date: July 30, 2017
Reference: NMCARS 5206.303-92, Annex 5
Email: seniorservicesmanage.fct@navy.mil

V&V Data Verification
Due Date: July 30, 2017
Reference: NMCARS 5204.604(3)(i)
Email: RDAJ&As.fct@navy.mil

Government-Furnished Property Compliance Report
Due Date: July 31, 2017
Reference: NMCARS 5245.103-73(ii)
Email: Email: RDAJ&As.fct@navy.mil

Ratification Reporting
Due Date: July 31, 2017
Reference: NMCARS 5201.602-3(S-90)(e)(2)
Email: Policy@navy.mil

 

April 24 - May 26, 2017

 

The organization of the content for this period is:

Policy Memoranda
Upcoming Report Due

******************************************************************************

Policy Memoranda:

Title:  Transition to the Defense Biometric Identification System
NMCARS change not anticipated.
Effective Date: May 16, 2017
Summary:  Provides information on Commander Naval Installations Command's transition from the Naval Commercial Access Control System (NCACS) to the Defense Biometric Identification System (DBIDS).

Title: Improving Contractor Past Performance Assessments
NMCARS change not anticipated.
Effective Date: May 16, 2017
Summary: The Department of Defense Inspector General (DoDIG) recently issued Report No. DODIG 2017-081, Summary of Audits on Assessing Contractor Performance: Additional Guidance and System Enhancements Needed," dated May 9, 2017.  Based on the DODIG findings in the report, DoD components are encouraged to re-emphasize with their acquisition officials the importance of submitting quality, timely written narratives in the CPARS. 

Title: The Ability to Award a Sole Source Contract Through Various Socioeconomic Programs
NMCARS change not anticipated.
Effective Date: May 10, 2017
Summary: Describes the authority a contracting officer has to award sole source contracts through various socioeconomic programs including 8(a), Woman-Owned Small Business (WOSB), Economically Disadvantaged WOSB (EDWOSB), Historically Underutilized Business Zone (Hubzone) and Service-Disabled Owned Veteran Owned Small Business (SDVOSB).  

Copies of each memorandum can be obtained from http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.     

******************************************************************************

Upcoming Report Due:

eSRS Status Report                                           
Due Date:  June 15, 2017
Reference:  DPAP Memo April 16, 2009
Email: RDAJ&As.fct@navy.mil
 
Long Range Acquisition Forecast
Due Date:  June 20, 2017
Reference:  NMCARS 5205.404
Email: RDAJ&As.fct@navy.mil

Peer Review Forecast                                          
Due Date:  June 25, 2017
Reference:  NMCARS 5201.170
Email: RDAJ&As.fct@navy.mil

IUID Report
Due Date: July 15, 2017
Reference: NMCARS 5211.274-2(S-90)
Email: RDAJ&As.fct@navy.mil
 

March 20 - April 21, 2017


The organization of the content for this period is:

Note on "expiration" of Hiring Freeze Presidential Memo
Policy Memorandum
Upcoming Reports Due

******************************************************************************

Note:  The Presidential Memo (PM) dated January 23, 2017 imposes a hiring freeze and specifically prohibits contracting outside the Government to circumvent the intent of the freeze.  While the PM has expired, ASN (M&RA) is treating the freeze in full effect until DoD guidance is issued. 

The statement that "I attest that the requirements to be procured are being procured in a manner consistent with Presidential Memorandum, Hiring Freeze, dated January 23, 2017, the Joint Office of Management and Budget (OMB) and Office of Personnel Management (OPM) Memorandum, Federal Civilian Hiring Freeze Guidance, dated January 31 , 2017, and the Deputy Secretary of Defense's memorandum, Federal Civilian Hiring Freeze, dated February 1, 2017"  remains a requirement.

******************************************************************************

Policy Memorandum:

Title: Documenting the Rationale for the use of Fixed-Price Incentive Contracts and the Rationale for the Incentive Structure
NMCARS change not anticipated.
Effective Date: April 13, 2017
Summary: Reiterates contracting officer documentation requirements for retention in the contract file associated with Fixed Price Incentive (FPI) contracts including:
 - The use of a FPI contract is in the best interest of the Government in a D&F. 
 - The principal elements of the negotiated agreement including the basis for the profit or fee pre-negotiation objective, the profit or fee negotiated, and the documentation of fair and reasonable pricing.
 - The rationale for the incentive structure, including the share ratio(s), ceiling price, and any additional incentives, must be documented in the pre- and post- business clearance memoranda. 

Further details are available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.  

******************************************************************************

Upcoming Reports Due:

Peer Review Forecast
Due Date: April 25, 2017
Reference: NMCARS 5201.170
Email: RDAJ&As.fct@navy.mil

Ratification Reporting
Due Date: April 30, 2017
Reference: NMCARS 5201.602-3(S-90)(e)(2)                                
Email: Policy@navy.mil

Consolidated Undefinitized Contract Actions (UCA) Management Report
Due Date: April 30, 2017
Reference: NMCARS 5242.1790                                
Email: RDAJ&As.fct@navy.mil

Bridge Contract Awards
Due Date: April 30, 2017
Reference: NMCARS 5206.303-92, Annex 5                                
Email: seniorservicesmanage.fct@navy.mil

V&V Data Verification
Due Date: April 30, 2017
Reference: NMCARS 5204.604(3)(i)                                
Email: RDAJ&As.fct@navy.mil

Government-Furnished Property Compliance Report
Due Date: April 30, 2017
Reference: NMCARS 5245.103-73(ii)                                
Email: RDAJ&As.fct@navy.mil

Peer Review Forecast
Due Date: May 25, 2017
Reference: NMCARS 5201.170
Email: RDAJ&As.fct@navy.mil

March 6 - 17, 2017

 

The organization of the content for this period is:

Policy Memoranda
Training on Prevailing Wages

******************************************************************************

Policy Memoranda:

Title: Purchases from Federal Prison Industries; Updated List of Federal Supply Classification (FSC) Codes to be Competed
NMCARS change not anticipated.
Effective Date: February 28, 2017
Summary: Updates the required Department of Defense (DoD) published list of product categories for which the Federal Prison Industries' (FPI) share of the DoD market is greater than five percent. 

Title: Panel on Department of Defense and AbilityOne Contracting Oversight, Accountability and Integrity - Call for Nominations
NMCARS change not anticipated.
Effective Date: March 6, 2017
Summary: In response to legislation requiring the Secretary of Defense to establish a more comprehensive AbilityOne training program, a panel is being convened to make recommendations focused on increasing employment for veterans with disabilities or people who are blind or have other severe disabilities.  Mr. Shay Assad, Director Defense Pricing, will lead the panel.  Mr. Kenyata Wesley will prepare the annual reports to Congress. DAU and DPAP will provide administrative support. The memo outlines the organizations designated to provide panel members and nominations are due March 22, 2017. 

Title: Publication of DoD Instruction 5000.76
NMCARS change not anticipated.
Effective Date: February 28, 2017
Summary: Dr. Nancy Spruill, Director, Acquisition Resources and Analysis, OUSD(AT&L) signed out a memorandum distributing DoD Instruction, 5000.76, Accountability and Management of Internal Use Software (IUS).  The definition of IUS is:
Software acquired or developed to meet the entity's internal or operational needs (intended purpose);
A standalone application, or the combined software components of an IT system that can consist of multiple applications, modules, or other software components integrated and used to fulfill the entity's internal or operational needs (software type);
Used to operate an entity's programs (e.g. financial and administrative software, including that used for project management);
Used to produce the entity's goods and to provide services (e.g., maintenance work order management, loan servicing); or
Developed or obtained for internal use and subsequently provided to other federal entities with or without reimbursement.

The procurement process is often linked to IUS and the instruction contains guidance delineating roles, responsibilities, and accountability requirements. This action was taken to remediate a material weakness for the accountability of IUS.  A training webinar will be provided on March 27, 2017 to assist in program implementation. 

Title: Memorandum of Understanding for Using the General Services Administration's Reverse Auction eTool
NMCARS change not anticipated.
Effective Date: March 13, 2017
Summary:  Advises of an option for the Department of the Navy (DoN) acquisition community to obtain Reverse Auction services.  This memorandum does not seek to advocate or restrict the Department's use of the any Reverse Auction tool. 

Each of the memoranda are available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

******************************************************************************

Training:

Summary:  The Department of Labor is providing three training seminars on Prevailing Wages.  The compliance training sessions are three days in length and designed for regional stakeholders (unions, private contractors, state agencies, federal agencies and workers). In these seminars, conference participants will learn about the following:

              - The Davis-Bacon Act and McNamara O'Hara Service Contract Act

               - Executive Order 13495 "Nondisplacement of Qualified Workers"

               - Executive Order 13658 "Establishing a Minimum Wage for Contractors"

               - The process of obtaining wage determinations and adding classifications

               - Compliance assistance and enforcement processes and

               - The process for appealing wage rates, coverage, and compliance determinations

Further details are available at: https://www.dol.gov/whd/govcontracts/SeminarsInfo.htm.

 

February 6, 2017 - March 3, 2017


 

The organization of the content for this period is:

Policy Memoranda
Upcoming Reports Due

******************************************************************************

Policy Memoranda:

Title: Guidance Clarifying the Procedures for Contracting Outside the Government During the Civilian Workforce Hiring Freeze

NMCARS change not anticipated.
Effective Date: February 16, 2017
Summary:  The memorandum provides clarifying guidance to the Presidential Memorandum, Hiring Freeze, dated January 23, 2017, the Joint Office of Management and Budget (OMB) and Office of Personnel Management (OPM) Memorandum, Federal Civilian Hiring Freeze Guidance, dated January 31, 2017, and the Deputy Secretary of Defense's memorandum, Federal Civilian Hiring Freeze, dated February 1, 2017. Activities may proceed with contract and task order awards, including option exercises, if:

- The contract was awarded prior to January 23, 2017;

- The Request For Proposal (RFP) was issued prior to January 23, 2017 AND the RFP has not been amended after January 23, 2017 to increase the scope; or,

- The contract action is a routine administrative action, e.g., incremental funding.
 

 

 

Title: Guidance on Evaluation of Risk in Negotiating Contract Profit or Fee
NMCARS change not anticipated.
Effective Date: December 01, 2016
Summary:  DoD Contracting Officers are reminded of the evaluation criteria in DFARS 215.404-71 in the DoD Weighted Guidelines for management/cost control. This criteria emphasizes the contractor's value activities and the contractor's actions to influence the contract outcome. Contracting officers should consider the impact of the prime contractor's management/cost control efforts and the risk the prime contractor is assuming in the performance of the specific contract actions contemplated. Profit or fee is an important aspect of contractor compensation and should fairly reflect the contractor's degree of risk in fulfilling contract requirements.

 

Copies of the memos are available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

 
 

******************************************************************************

 

Upcoming Reports Due:

 

Peer Review Forecast
Due Date:  March 25, 2017
Reference: NMCARS 5201.170
Email: RDAJ&As.fct@navy.mil

 

Navy Component UAC/Ratification Procedures Submission
Due Date: March 31, 2017
Reference: NMCARS 5201.602-3(S-90)(e)(3)
Email: Policy@navy.mil

 

January 30, 2017 - February 3, 2017


 

The organization of the content for this period is:

New Navy Labor Advisor
NMCARS Change
DOD 5000.02 Update
Policy Memorandums

******************************************************************************

New Navy Labor Advisor

Thomas O'Connor has reported onboard to fill the vacancy left by Pat Myers.  Tom can be reached on 703-693-2939 or via NavyLaborAdvisor@navy.mil.  He is here to serve the Navy's acquisition community on labor standards, labor relations, and other government contract labor issues and welcomes the opportunity to answer your questions and concerns.

******************************************************************************

NMCARS Change

NMCARS Change 13-14
Effective Date:  February 1, 2017
Summary: Inserts a new reporting email address RDAJ&As.fct@navy.mil, for the previous email address of RDAJ&As@navy.mil throughout NMCARS. The NMCARS is available online at http://www.secnav.navy.mil/rda/Pages/NMCARS.aspx.

******************************************************************************

DOD 5000.02 Updates (Changes 1 and 2)

Effective Date:  February 2, 2017
Brief Summary:  The DoD 5000.02 was updated to reflect:

- An incorporation of policies and procedures acquisition responsibilities related to cybersecurity;

- Incorporates and cancels Directive-type Memorandum 17-001;

- Removal of Enclosure (12) as it was incorporated into DoDI 5000.75; and,

- Incorporates the authority granted by Section 806 of Public Law 114-92 (Reference (d)), for the Secretary of Defense to waive acquisition law or regulation to acquire a capability that would not otherwise be available to the DoD Components. This waiver authority may not be delegated. Further details are provided at: http://www.dtic.mil/whs/directives/corres/pdf/500002_dodi_2015.pdf.

******************************************************************************

Policy Memorandums

Updated Standard Procurement System Sunset Date
NMCARS change not anticipated.
Effective Date: January 12, 2017

Summary: Establishes a new sunset date for the SPS. The Department's updated SPS sunset goal is no new contracts, agreements, or orders be awarded through the SPS after September 30, 2020.  However, use of SPS for contracts issued prior to September 30, 2020, is expected to continue until September 30, 2023.   Further details are provided at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

January 16 - 27, 2017


 
The organization of the content for this period is:
 
NMCARS Change
Proposed Rules
Upcoming Reports Due

 
******************************************************************************

 
NMCARS Change

 
Title:  NMCARS Change 13-13
Effective Date: January 23, 2017
Summary: Identifies changes incorporated into the September 2013 edition of the NMCARS.  Changes include:

- Inserts a new reporting email address, Policy@navy.mil for the previous email address of RDAPolicy@navy.mil.

- Conforms Part 5215 of NMCARS regarding the policy issued in NMCARS change 13-12 allowing HCAs to use alternative formats for Business Clearance Memorandums.

- Deletes Navy specific guidance for submitting Summary Subcontracting Reports (SSRs) to align with DPAP Class Deviation SSR submission procedures.

- Rescinds the NMCARS 13-12 change made to the application of the FAR clause 52.245-1, Government Property.  The checklist in Annex 9 is required in all contracts that include FAR clause 52.245-1, Government Property.

 
The NMCARS is available online at http://www.secnav.navy.mil/rda/Pages/NMCARS.aspx.

 
******************************************************************************
 
Proposed Rules 

 
FAR: Sustainable Acquisition (FAR Case 2015-033)
Summary:  Proposes to implement policy that will improve agencies' environmental performance and Federal sustainability. If desired, submit comments to Policy@navy.mil by February 23, 2017.  Further details are provided at:  https://www.gpo.gov/fdsys/pkg/FR-2017-01-18/pdf/2017-00480.pdf. 

 
FAR: Effective Communication Between Government and Industry; Extension of Time for Comments (FAR Case: 2016-005)
Summary: The deadline for submitting comments is being extended to provide additional time for interested parties to provide comments on the FAR case.  Clarifies that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms.  If desired, submit comments to Policy@navy.mil by February 23, 2017.  Further details are provided at:  https://www.gpo.gov/fdsys/pkg/FR-2017-01-23/pdf/2017-01405.pdf. 

 
******************************************************************************

 
Upcoming Reports Due

 
Title:  Overage Contracts Reports
Due Date:  February 28, 2017
Reference: NMCARS 5204.804-1(S-90)
Email: Policy@navy.mil 

 
Title:  Peer Review Forecast
Due Date:  February 25, 2017
Reference: NMCARS 5201.170                             
Email: RDAJ&As@navy.mil


 

December 27, 2016 - January 13, 2017

The organization of the content for this period is:

NMCARS Change 13-12 (notice of pending changes)
Policy Memorandum
Final Rules
Upcoming Reports Due

******************************************************************************

NMCARS Change 13-12:
Effective: December 29, 2016
Summary: Identifies changes incorporated into the September 2013 edition of the NMCARS.  They are effective immediately.  The online version of the NMCARS available at http://www.secnav.navy.mil/rda/Pages/NMCARS.aspx.

Note  Pending changes to the NMCARS include:

1) Rescinding the change for the use of Annex 9 only when providing GFP.  The annex is required anytime the Gov't Property clause is used.

2) Changing the RDAPolicy@navy.mil to Policy@navy.mil.

******************************************************************************

Policy Memorandum

Contractor Use of Mandatory Sources of Supply or Services
NMCARS change not anticipated
Effective Date: January 5, 2017
Summary:  Reinforces use of FAR 52.208-9, Contractor Use of Mandatory Sources of Supply or Services, in solicitations and contracts that require a contractor to provide supplies or services that are on the Procurement List maintained by the AbilityOne Program.  Further details are available at: http://www.secnav.navy.mil/rda/Pages/Policy-Memos.aspx.

******************************************************************************

Final Rules

FAR: Acquisition Threshold for Special Emergency Procurement Authority (FAR Case: 2016-004)

NMCARS change not anticipated.
Effective Date: January 13, 2017
Summary: Increases the simplified acquisition threshold for special emergency procurement authority from $300,000 to $750,000 (within the United States) and from $1 million to $1.5 million (outside the United States).  The rule applies to acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2017-01-13/pdf/2016-31496.pdf.


FAR: Contractor Employee Internal Confidentiality Agreements or Statements (FAR Case: 2015-012)
NMCARS change not anticipated.
Effective Date: January 19, 2017
Summary: Prohibits the use of funds, appropriated or otherwise made available, for a contract with an entity that requires employees or subcontractors to sign an internal confidentiality agreement that restricts such employees or subcontractors from lawfully reporting waste, fraud, or abuse to a designated Government representative authorized to receive such information.  Changes from the proposed rule include: addition of the definitions of ''internal confidentiality agreement or statement,'' ''subcontract,'' and ''subcontractor''; clarification that the representation applies to future internal confidentiality agreements or statements; specifically cites the agency Office of the Inspector General as a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information and; clarification that the contractor is required to give notice only to current employees and subcontractors that any prohibitions and restrictions of any preexisting confidentiality agreements or statements covered by the clause are no longer in effect, to the extent that such prohibitions and restrictions are in conflict with the prohibitions of the clause. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2017-01-13/pdf/2016-31497.pdf.


FAR: Contracts under the Small Business Administration 8(a) Program (FAR Case: 2012-022)
NMCARS change not anticipated.
Effective Date: January 13, 2017
Summary: Provides additional guidance for the evaluation, offering, and acceptance process for releasing a requirement for non-8(a) procurement; information on the effect exiting the 8(a) program will have on its current contractual obligations and the firm's ability to receive new 8(a) requirements. Clarifies, from the proposed rule that offers and acceptances are required for individual orders under multiple-award contracts that were not set aside for competition among 8(a) contractors. A change from the proposed rule also indicates that the SBA Inspector General can request a formal size determination.  Additionally, the final rule revises the language at FAR 19.815 regarding the release of requirements from the 8(a) program. Language has been added to clarify that any follow-on 8(a) requirement shall remain in the 8(a) program unless there is a mandatory source for the requirement pursuant to FAR 8.002 or 8.003 or the SBA agrees to release the requirement for procurement outside the 8(a) program.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2017-01-13/pdf/2016-31498.pdf.


FAR: Prohibition on Reimbursement for Congressional Investigations and Inquiries (FAR Case: 2015-016)
NMCARS change not anticipated.
Effective Date: January 13, 2017
Summary: Disallows costs incurred by a contractor in connection with a Congressional investigation or inquiry into a violation of, or failure to comply with, law or regulation by the contractor. Additionally, conforming language on unallowable costs is added to FAR 31.603-16 and 31.603-15 (to update language associated with whistleblower complaints). Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2017-01-13/pdf/2016-31499.pdf.


FAR: Contracts Uniform Use of Line Items (FAR Case: 2013-014)
NMCARS change not anticipated. 
Effective Date: January 13, 2017
S
ummary: Establishes uniform use of line items in Federal procurement. Changes from the proposed rule include a timeline to provide agencies time to transition their information systems and appropriately train the workforce. Agencies have until October 1, 2019, to apply the requirements of FAR 4.1002 through 4.1008 of subpart 4.10. The changes also include removal of the term "line item unique identifier" and replacement with "line item number" for consistency with the current version of the FAR text.  The term "unique" is no longer necessary due to changes made by the Uniform Procurement Identification rule (FAR Case 2012-023). Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2017-01-13/pdf/2016-31495.pdf.

******************************************************************************

Upcoming Reports Due:

DCMA Business Base Forecast and Evaluation
Reference: NMCARS 5242.1790
Due Date: February 7, 2017
Email: RDAJ&As@navy.mil

Peer Review Forecast
R
eference: NMCARS 5201.170
Due Date: February 25, 2017
Email: RDAJ&As@navy.mil

Overage Contracts Report
Reference: NMCARS 5204.804-1(S-90)
Due Date: February 28, 2017
Email: Policy@navy.mil

 

December 19 - 23, 2016

The organization of the content for this week (and last Policy Push for 2016) is:

Final Rules

PGI Changes

Proposed Rules

******************************************************************************

Final Rules:

FAR: Privacy Training (FAR Case: 2010-013)

NMCARS change not anticipated.

Effective Date: January 19, 2017

Summary: Requires contractors, whose employees have access to a system of records or handle personally identifiable information, complete privacy training.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-20/pdf/2016-30213.pdf. 

FAR: Payment of Subcontractors (FAR Case: 2014-004)

NMCARS change not anticipated.

Effective Date: January 19, 2017

Summary: Requires contractors to notify the contracting officer, in writing, if the contractor pays a reduced price to a small business subcontractor or if the contractor's payment to a small business subcontractor is more than 90 days past due.  Contracting officers are also required to record the identity of contractors with a history of late or reduced payments to small business subcontractors in the Federal Awardee Performance and Integrity System (FAPIIS). Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-20/pdf/2016-30221.pdf.

DFARS: Contract Financing (DFARS Case: 2015-D026)

NMCARS change not anticipated.

Effective Date: December 22, 2016

Summary: Provides that contracting officers are not required to further justify a decision to provide customary contract financing, other than loan guarantees and advance payments identified in FAR part 32, for fixed-price contracts with a period of performance in excess of one year that meet the dollar thresholds established in FAR 32.104(d).  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-22/pdf/2016-30596.pdf.

DFARS: New Qualifying Country-Estonia (DFARS Case: 2017-D001)

NMCARS change not anticipated.

Effective Date: December 22, 2016

Summary: Adds Estonia as a qualifying country.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-22/pdf/2016-30598.pdf.

 ******************************************************************************

 PGI Changes

Debt Deferment (DFARS PGI Case 2013-P007)

Effective Date: December 22, 2016

NMCARS change not anticipated.

Summary: Removes the requirement for contracting offices to forward deferment requests to the Director of Defense Procurement and Acquisition Policy for a decision on granting the deferment.

Appointment of Small Business Specialists (DFARS PGI Case 2016-P020)

Effective Date: December 22, 2016

NMCARS change not anticipated.

Summary: Clarifies that small business specialists are appointed and perform functions in accordance with DoD Instruction 4205.01, DoD Small Business Programs (SBP).

Further details for both are available at: http://www.acq.osd.mil/dpap/dars/change_notices.html.

******************************************************************************

Proposed Rules

DFARS: Competition for Religious-Related Services Contracts (DFARS Case: 2016-D015)

Summary: Proposes to implement that nonprofit organizations may compete for religious-related services contracts on a U.S. military installation.  Submit comments to RDAPolicy@navy.mil by February 14, 2017.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-22/pdf/2016-30597.pdf.

DFARS: Independent Research and Development Expenses (DFARS Case: 2016-D017)

Summary: Extends the comment period for the proposed rule.  Proposes to ensure that Contractor substantial future independent research and development expenses are evaluated in a uniform way during competitive source selections. The intent is to create a means to reduce evaluated bid prices in competitive source selections,  Submit comments to RDAPolicy@navy.mil by January 26, 2017.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-22/pdf/2016-30750.pdf.


December 5 - 16, 2016

 

The organization of the content for this period is:

Final Rule Injunction - ****PLEASE READ****
Interim Rule - ****PLEASE READ****
Proposed Rule
Upcoming Reports Due
 
******************************************************************************

Final Rule:

FAR: Fair Pay and Safe Workplaces; Injunction (FAR Case: 2014-025)
NMCARS change not anticipated.
Effective Date: December 16, 2016
Summary: Amends FAR sections written to comply with the Fair and Safe Workplace Executive Order that are affected by a Federal District Court's preliminary injunction. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-16/pdf/2016-30091.pdf.

*****************************************************************************

Interim Rule:

FAR: Paid Sick Leave for Federal Contractors (FAR Case: 2017-001)
Effective Date: January 1, 2017
NMCARS change not anticipated.
Summary: Implements the Executive Order (E.O.), "Establishing Paid Sick Leave for Federal Contractors", and a final rule issued by the Department of Labor covering FAR acquisition as defined in FAR 1.104.  This rule applies to services contracts only that are covered by the Service Contract Labor Standards statute (>$2,500) and the Wage Rate Requirements (Construction, >$2,000) - this is the same applicability as the Federal Minimum Wage increase performed in the US.  This interim rule DOES apply to commercial services. 

 DPAP is figuring out how to get the contract writing systems updated to include the clause as required.  Given the time of year and the short implementation schedule, it is likely that they will be playing catch up.  Two mitigating factors, there may be legal action to enjoin the implementation and the rule itself provides for instances when the clause is inadvertently excluded (modify the contract to add and negotiate implementation costs).  Stay tuned! 

 Other details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-16/pdf/2016-30090.pdf.

*****************************************************************************

Proposed Rule:

FAR: Set-Asides Under Multiple-Award Contracts (FAR Case: 2014-002)
Summary: Implements Small Business Administration (SBA) regulatory changes providing Government-wide policy for three acquisition techniques under multiple award contracts.  Provides additional guidance to the interim rule published under FAR Case 2011-024 pending final SBA guidance.  The three acquisition techniques under multiple award contracts addressed are:
- Setting aside part or parts of the requirement for small business;
- Reserving one or more contract award(s) for small business under full and open multiple award procurements; and
- Setting aside orders placed against multiple award contracts.
The proposed rule also clarifies agencies' and small business contractors' responsibilities with respect to performance of work requirements, i.e., the limitations on subcontracting and the nonmanufacturer rule. Because small businesses have this preference, compliance with the limitations on subcontracting and the nonmanufacturer rule is essential to assure that the small business contractor performs the appropriate percentage of requirements in contracts or orders that have been set aside, in total or in part, and is not acting as a pass-through. Submit comments to RDAPolicy@navy.mil by January 30, 2017.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-06/pdf/2016-28432.pdf.

******************************************************************************

Upcoming Reports Due:

Peer Review Forecast
Reference: NMCARS 5201.170
Due Date: NMCARS Due Monthly: January 25, 2017
Email: RDAJ&As@navy.mil

Procurement Performance Management Assessment Program (PPMAP) Self-Assessments/Internal Compliance Review
Reference: NMCARS 5201.691-2(d)(2)
Due Date: January 30, 2017
Email: RDAJ&As@navy.mil

Bridge Contract Awards
Reference: NMCARS 5206.303-92 - Annex 5
Due Date: January 30, 2017
Email: seniorservicesmanage.fct@navy.mil

V&V Data Verification
Reference: NMCARS 5204.604(3)(i)
Due Date: January 30, 2017
Email:  RDAJ&As@navy.mil

November 21 - December 2, 2016

 

The organization of the content for this period is:

DASN(AP) Note
Class Deviation
Proposed Rule
Upcoming Reports Due

******************************************************************************

DASN(AP) Note:

The NMCARS on the Policy website (http://www.secnav.navy.mil/rda/Pages/PolicyGuidance.aspx) has updated to include a "Current NMCARS Templates" section to provide the most current templates referenced within the NMCARS. 

******************************************************************************

Class Deviation:

Title:  Class Deviation 2017-O0001, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements:  USA004514-16
Effective Date: November 14, 2016
NMCARS change not anticipated.
Summary:  Implements a restriction from the Continuing Appropriations Act, 2017 (Pub. L. 114-223), or any other Act that extends to fiscal year (FY) 2017, prohibiting making funding available for a contract with an entity that requires employees or contractors of such entity seeking to report fraud, waste or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees from lawfully reporting such fraud, waste or abuse.  Further details are available at: http://www.acq.osd.mil/dpap/policy/policyvault/USA004514-16-DPAP.pdf.

******************************************************************************

Proposed Rule:

FAR: Effective Communication between Government and Industry (FAR Case: 2016-005)
Summary: Proposes to amend the FAR to clarify that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to firms.  Submit comments to RDAPolicy@navy.mil by January 23, 2017.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-29/pdf/2016-28450.pdf.

******************************************************************************

Upcoming Reports Due:

Peer Review Forecast
Reference: NMCARS 5201.170
Due Date: NMCARS Due Monthly: December 23, 2016/DFARS Due Quarterly: December 30, 2016
Email: RDAJ&As@navy.mil 

Competition Report, including projected competition goal for current year
Reference: FAR 6.502(b)(2)
Due Date: January 15, 2017
Email: RDAJ&As@navy.mil

IUID Report
Reference: NMCARS 5211.274-2(S-90)
Due Date: January 15, 2017
Email: RDAJ&As@navy.mil

November 14 - 18, 2016

 

The organization of the content for this period is:

Class Deviation
Final Rules
Proposed Rule
Technical Amendment

******************************************************************************

Class Deviation:

Class Deviation 2017-O0001 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements
NMCARS change not anticipated.
Effective Date: November 14, 2016
Summary: Dictates that none of the funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2017, or any other Act that extends to FY 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016, may be made available for a contract with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.  When using funds made available by the Continuing Appropriations Act, 2017, or any other Act that extends to FY 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016, contracting officers shall-
. Include the provision at 252.203-7994, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2017-O0001)(NOV 2016), in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12.
. Include the clause at 252.203-7995, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2017-O0001)(NOV 2016), in all solicitations and contracts, including solicitations and contracts for the acquisition of commercial items under FAR part 12; and
. Modify existing contracts awarded on or after October 1, 2016, to the maximum extent practicable, to include the clause at 252.203-7995.
This deviation remains in effect until incorporated in the FAR or otherwise rescinded.  Further details are provided at: http://www.acq.osd.mil/dpap/policy/policyvault/USA004514-16-DPAP.pdf and http://www.acq.osd.mil/dpap/dars/class_deviations.html.

******************************************************************************

Final Rules:

FAR: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (FAR Case 2015-024)
NMCARS change not anticipated.
Effective Date: December 19, 2016
Summary: Offerors seeking to do business with the Federal Government that are registered in the System for Award Management (SAM) database and received $7.5 million or more in contract awards during the prior Federal fiscal year are required to represent whether or not they publicly disclose their greenhouse gas emissions and their greenhouse gas emissions reduction goals. This representation is voluntary for offerors that received less than $7.5 million during the prior fiscal year.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27686.pdf.

FAR: Removal of Regulations Relating to Telegraphic Communication (FAR Case: 2015-035)
NMCARS change not anticipated.
Effective Date: December 19, 2016
Summary: Deletes the use of "telegram," "telegraph," and related terms.  The objective is to delete references to obsolete technologies no longer in use and replace with references to electronic communications.  In addition, conforming changes are made regarding expedited notices of termination and change orders.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27684.pdf.

******************************************************************************

Proposed Rule:

FAR: Clarification of Requirement for Justifications for 8(a) Sole Source Contracts (FAR Case: 2013-018)
Summary: The intent of the proposed rule is to further clarify the processes and procedures to ensure uniform, consistent, and coherent guidance regarding the use of sole-source 8(a) justifications including the guidance for sole-source 8(a) contract awards exceeding $22 million.
- Clarifies whether an 8(a) justification is required for 8(a) contracts that are subject to a pre-existing Competition in Contracting Act class justification.
- Provides additional information on actions contracting officers should take to comply with the justification requirement when the contract value rises above or falls below $22 million between the SBA's acceptance of the contract for negotiation under the 8(a) program and the contract award.
- Clarifies whether and under what circumstances a separate sole-source justification is necessary for out-of-scope modifications to 8(a) sole-source contracts.
Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-15/pdf/2016-27245.pdf.  Submit comments to RDAPolicy@navy.mil by January 10, 2017.

******************************************************************************

Technical Amendment:

FAR: Technical Amendments
NMCARS change not anticipated.
Effective Date: November 18, 2016
Summary: Makes amendments to the FAR to provide needed editorial changes including:
 - Revises the Earned Value Management System definition
 - Removes "American National Standards Institute/Electronics Industries Alliance (ANSI/EIA) Standard-748, Earned Value Management Systems" and adding "Electronic
    Industries Alliance Standard 748 (EIA-748)" in its' place in Part 7, Part 34 and Part 52.
 - Revises section 19.1506, Women-Owned Small Business Program sole source awards.
Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27688.pdf.

 

******************************************************************************

October 24 - November 4, 2016

 

The organization of the content for this period is:

NMCARS Change 13-11
Final Rules
Proposed Rules
Upcoming Reports Due

******************************************************************************

NMCARS Change 13-11 - Streamlined Acquisition Plans
Effective: November 3, 2016
Summary:  Effects the Streamlined Acquisition Plan (AP) in accordance with DASN(AP)'s authority under DFARS 201.404(b)(ii).  These APs reduce non-essential documentation to the irreducible minimum while still addressing: 
 (1) Acquisition of commercial items or nondevelopmental items (to the maximum extent practicable);
 (2) Competition;
 (3) Small Business participation;
 (4) Selection of appropriate contract type;
 (5) Appropriate consideration of the use of pre-existing contracts, including interagency and intra-agency contracts, to fulfill the requirement, before awarding new contracts; and
 (6) Requirements for APs derived from statute.

APs using the old format are authorized if the first signature has already been obtained on the document; however, APs using the streamlined formats are preferred.

******************************************************************************

Final Rules:

DFARS: Contiguous United States (DFARS Case: 2016-D005)
NMCARS change anticipated.
Effective Date: November 4, 2016
Summary: Removes the acronym for contiguous United States (CONUS). While the term "contiguous United States (CONUS)" is defined in FAR 2.101, the acronym is sometimes misinterpreted as "continental United States."  Spelling out the acronym in the DFARS will eliminate any confusion.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-04/pdf/2016-26367.pdf.

DFARS: Enhancing the Effectiveness of Independent Research and Development (DFARS Case: 2016-D002)
NMCARS change not anticipated.
Effective Date: November 4, 2016
Summary: Improves the effectiveness of independent research and development (IR&D) investments by the defense industrial base by requiring contractors to engage in technical interchanges with DoD before costs are generated. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-04/pdf/2016-26366.pdf.

DFARS: Pilot Program on Acquisition of Military Purpose Nondevelopmental Items (DFARS Case: 2016-D014)
NMCARS change not anticipated.
Effective Date: November 4, 2016
Summary: Adopts as final, with changes, an interim rule to change the criteria for the pilot program for acquisition of military purpose nondevelopmental items.  The rule was revised to clarify the clause use in solicitations when use of the pilot program is planned and the applicability criteria are met. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-04/pdf/2016-26368.pdf.

******************************************************************************

Proposed Rules:

DFARS: Independent Research and Development Expenses (DFARS Case: 2016-D017)
Summary: Proposes to ensure that substantial future independent research and development expenses, as a way to reduce evaluated bid prices in competitive source selections, are evaluated in a uniform way during competitive source selections.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-04/pdf/2016-26369.pdf. Submit comments to RDAPolicy@navy.mil by December 27, 2016.

DFARS: Offset Costs (DFARS Case: 2015-D028)
Summary: Proposes to clarify that the submission of cost and pricing data shall not be required for a contract, subcontract, or modification of a contract or subcontract related to costs associated with indirect offsets under foreign military sales agreements.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-04/pdf/2016-26377.pdf. Submit comments to RDAPolicy@navy.mil by December 27, 2016.

******************************************************************************

Upcoming Reports Due:
Peer Review Forecast
Reference: NMCARS 5201.170
Due Date: November 25, 2016
Email: RDAJ&As@navy.mil

V&V Data Verification
Reference: NMCARS 5204.604(3)(i)
Due Date: November 30, 2016
Email: RDAJ&As@navy.mil

Contract Action Report, Data Verification and Validation (V&V) Certification
Reference: NMCARS 5204.604(3)(ii)
Due Date:  December 1, 2016
Email: RDAJ&As@navy.mil

DoE WFO Order Compliance Assessment Results
Reference: NMCARS 5217.502-2(S-90)(a)(3)
Due Date: December 15, 2016
Email: RDAJ&As@navy.mil

e
Reference: DPAP Memo Apr 16, 2009
Due Date: December 15, 2016
Email: RDAJ&As@navy.mil

October 3 - 21, 2016

 

The organization of the content for this period is:

Special Notes
Final Rules
DFARS PGI Changes
Proposed Rules
Upcoming Report Due

******************************************************************************

Special Notes:

Comments on the Streamlined Acquisition Plans (both Single Contract and Program) are due October 26, 2016.  DASN(AP) authorized the use of the drafts until the final versions are incorporated into the Navy Marine Corps Acquisition Regulation Supplement.  The Single Contract AP template is for cases where there is only one contract covered by the AP and the Program AP template is for cases where the program office wants to write one AP for all of its planned contract actions.

The DoN Office of Small Business has approved the voluntarily exit of three firms, Hamilton's Sundstrand, Boeing and Northrop Grumman Systems Corporation (NGSC) (also known as Northrop Grumman Mission Systems (NGMS)), from the DoD Test Program for a Comprehensive Subcontract Plan (CSP).  These firms are required to coordinate with the appropriate contracting officials to ensure all contracts previously covered under its CSP are transitioned to other types of subcontracting plans as required by Federal acquisition regulations.

******************************************************************************

Final Rules:

DFARS: Display of Hotline Posters (DFARS Case: 2016-D018)
NMCARS change not anticipated.
Effective Date: October 21, 2016
Summary: Amends the DFARS to consolidate the multiple hotline posters into one poster that delineates multiple reportable offenses.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-10-21/pdf/2016-25317.pdf.

DFARS: Network Penetration Reporting and Contracting for Cloud Services (DFARS Case: 2013-D018)
NMCARS change not anticipated.
Effective Date: October 21, 2016
Summary: Adopts as final, with changes, two interim rules, both of which require contractor reporting on network penetrations.  The final rule also includes policy on the purchase of cloud computing services.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-10-21/pdf/2016-25315.pdf

****************************************************************************

PGI Changes

DFARS PGI:  Contract Deficiency Reports (DFARS PGI Case 2016-P010)
NMCARS change not anticipated.
Effective Date: October 21, 2016
Summary:  Establishes DFARS PGI procedures for creating and processing contract deficiency reports, which are used to correct problems with contracts distributed in Electronic Document Access.  Further details are provided at: http://www.acq.osd.mil/dpap/dars/change_notices.html.

DFARS PGI: Preaward Validation of Purchase Requests (DFARS PGI Case 2016-P016)
NMCARS change not anticipated.
Effective Date: October 21, 2016
Summary:  Expands DFARS PGI procedures to require contracting officers to perform a preaward validation of purchase requests in order to facilitate line item traceability between commitments and obligations.  Further details are provided at: http://www.acq.osd.mil/dpap/dars/change_notices.html.

****************************************************************************

Proposed Rules:

DFARS: Undefinitized Contract Action Definitization (DFARS Case 2015-D024)
Summary: Proposes to provide a more transparent means of documenting the impact of costs incurred during the undefinitized period of an undefinitized contract action on allowable profit.  In addition, the proposed rule seeks to recognize when contractors demonstrate efficient management and internal cost control systems through the submittal of a timely, auditable proposal in furtherance of definitization of a UCA. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-10-21/pdf/2016-25332.pdf. Submit comments to RDAPolicy@navy.mil by December 13, 2016. 

DFARS: Use of the Government Property Clause (DFARS Case 2015-D035)
Summary: Proposes to expand the prescription for use of the FAR Government property clause to strengthen and expand the accountability of Government-furnished property. The basic property receipt and record keeping requirements of FAR clause 52.245-1, and as proposed in this rule, mirror customary commercial record keeping practices.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-10-21/pdf/2016-25316.pdf. Submit comments to RDAPolicy@navy.mil by December 13, 2016. 

******************************************************************************

Upcoming Report Due

Cost Accounting Standards Waivers over $15M
Reference:  NMCARS 5230.201-5(e)
Due Date:  November 15
Email: RDAJ&As@navy.mil

 

September 19 - 30, 2016

 

The organization of the content for this period is:

Final Rules
Interim Rule
Proposed Rules
PGI Changes
Upcoming Reports Due

******************************************************************************

Final Rules

FAR: Prohibition on Contracting With Corporations With Delinquent Taxes or a Felony Conviction (FAR Case 2015-0011)
Effective Date: September 30, 2016
NMCARS change not anticipated.
Summary: Implements as final, without changes, an interim rule to prohibit the Federal Government from entering into a contract with any corporation having a delinquent Federal tax liability or a felony conviction under any Federal law, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.   Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23194.pdf.

FAR: Updating Federal Contractor Reporting of Veterans’ Employment (FAR Case 2015-0036)
Effective Date: September 30, 2016
NMCARS change not anticipated.
Summary: Implements as final, without changes, an interim rule to implement a final rule issued by the Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS) that replaced the VETS–100 and VETS–100A Federal Contractor Veterans’ Employment Report forms with the VETS–4212, Federal Contractor Veterans’ Employment Report form. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23195.pdf.

FAR: Sole Source Contracts for Women-Owned Small Businesses (FAR Case 2015-0032)
Effective Date: September 30, 2016
NMCARS change not anticipated.
Summary: Implements as final, with a minor edit, an interim rule granting contracting officers the authority to award sole source contracts to economically disadvantaged women-owned small business (EDWOSB) concerns and to WOSB concerns eligible under the WOSB Program. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23197.pdf.

FAR: Unique Identification of Entities Receiving Federal Awards (FAR Case 2015-0022)
Effective Date: October 31, 2016
NMCARS change anticipated.
Summary: Implements a proposed rule without change eliminating references to the proprietary Data Universal Numbering System (DUNS®) number, and provides appropriate references to the Web site where information on the unique entity identifier used for Federal contractors will be located. This final rule also establishes definitions of “unique entity identifier”, and “electronic funds transfer (EFT) indicator”. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23198.pdf.

FAR: Consolidation and Bundling (FAR Case 2014-0015)
Effective Date: October 31, 2016
NMCARS change not anticipated.
Summary: Implements a proposed rule, with changes, providing for a Government-wide policy on consolidation and bundling.  Changes from the proposed rule include:

    • FAR 2.101—Amends the definition of “Small Business Teaming Arrangement”
    • Amends the conditions under which the small business specialist must notify the agency Office of Small and Disadvantaged Business Utilization or the Office of Small Business Programs
    • FAR 7.105(b)(1)(iv)—Removes the mention of consolidation since SBA’s implementing rule does not require the identification of incumbent contractors and contracts affected by the  consolidation
    • FAR 7.107–1(b)—Adds an exception for acquisitions from a mandatory source to the requirements at FAR 7.107 for acquisitions involving consolidation, bundling, or substantial  bundling
    • FAR 7.107–1—The coverage formerly at FAR 7.107–1 on necessary and justified bundling for consolidation and bundling has been separated and moved to 7.107–2 and 7.107–3, due to  differences in the statutory and regulatory requirements
    • FAR 7.107–2(e)—Provides procedures for consolidation corresponding to those for bundling at FAR 7.107–3(c) (now at 7.107–3(f)), to address the determination that consolidation is  necessary and justified when the expected benefits do not meet the quantifiable dollar thresholds for a substantial benefit but are critical to the agency’s mission success
    • FAR 7.107–5(c)—Removes the phrase ‘‘(even if additional requirements have been added or some have been deleted)’’ and adds a subparagraph (4) which requires that the notice to  SBA include a list of requirements that have been added or deleted for the follow-on bundled or consolidated procurement. The changes will facilitate a more accurate comparison of  savings and benefits from the prior procurement
    • FAR 15.304(c)(3) and (4)—Excludes solicitations that are set aside for small business from the requirements relating to small business subcontracting-related evaluation factors for  solicitations involving consolidation. 
      Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23199.pdf.
    • FAR: Amendment Relating to Multi-Year Contract Authority for Acquisition of Property (FAR Case 2016-0006)

Effective Date: October 31, 2016
NMCARS change not anticipated.
Summary: Implements a rule requiring that “significant” savings, as opposed to “substantial” savings, would be achieved by entering into a multi-year contract. This rule makes conforming changes at FAR 17.105– 1(b)(1) to state that the head of an agency may enter into a multi-year contract for supplies, if the use of such a contract will result in significant savings of the total estimated costs of carrying out the program through annual contracts. Further details are provided at:

https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23201.pdf

.

FAR: New Designated Countries—Ukraine and Moldova (FAR Case 2016-0009)
Effective Date: October 31, 2016
NMCARS change not anticipated.
Summary: Adds Ukraine and Moldova as new designated countries under the World Trade Organization Government Procurement Agreement (WTO GPA). Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23202.pdf.

FAR: Contractors Performing Private Security Functions (FAR Case 2014-0008)
Effective Date: October 31, 2016
NMCARS change not anticipated.
Summary: Implements a proposed rule without change removing the DoD-unique requirements for contractors performing private security functions outside the United States and provides a definition of “full cooperation” within the associated clause. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23203.pdf.

FAR: Limitation on Allowable Government Contractor Employee Compensation Costs (FAR Case 2014-0012)
Effective Date: September 30, 2016
NMCARS change not anticipated.
Summary: Implements a proposed rule with changes revises the allowable cost limit relative to the compensation of contractor and subcontractor employees. Also, this final rule implements the narrowly targeted exception to this allowable cost limit for scientists, engineers, or other specialists upon an agency determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. The changes in the final rule are clarification changes by reordering text, adding a table and removing redundant text.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23204.pdf.

DFARS: Prohibition on Use of any Cost-Plus System of Contracting for Military Construction and Military Family Housing Projects (DFARS Case 2015-D040)
Effective Date: September 23, 2016
NMCARS change not anticipated.
Summary: Implements a proposed rule without change prohibiting any form of cost-plus contracting for military construction projects or military family housing projects.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-23/pdf/2016-22569.pdf.

DFARS:  Rights in Technical Data (DFARS Case 2016-D008)
Effective Date: September 23, 2016
NMCARS change not anticipated.
Summary: Implements a proposed rule addressing rights in technical data relating to major weapon systems, expanding application of the presumption that a commercial item has been developed entirely at private expense.  The process has been revised in two primary ways: (1) The major systems rule was narrowed to apply only to major weapon systems; and (2) the exception to the major systems rule for commercially available off-the-shelf (COTS) items was expanded to include three additional exceptions. More specifically, the formerly COTS-only exception was expanded to include (i) COTS items with modifications of a type customarily available in the commercial marketplace or minor modifications made to meet Federal Government requirements; (ii) commercial subsystems or components of a major weapon system, if the major weapon system was acquired as a commercial item in accordance with 10 U.S.C. 2379(a); and (iii) components of a subsystem, if the subsystem was acquired as a commercial item in accordance with 10 U.S.C. 2379(b). Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-23/pdf/2016-22570.pdf.

DFARS: New Designated Country-Moldova (DFARS Case 2016-D028)
Effective Date: September 23, 2016
NMCARS change not anticipated.
Summary: Adds Moldova to the list of WTO GPA countries wherever it appears in the DFARS, as part of the definition of “designated country”, specifically in each of the following clauses; however, this revision does not impact the clause prescriptions for use, or applicability at or below the simplified acquisition threshold, or applicability to commercial items. The clauses are: DFARS 252.225–7017, Photovoltaic Devices; DFARS 252.225–7021, Trade Agreements; and DFARS 252.225–7045, Balance of Payments Program—Construction Material Under Trade Agreements. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-23/pdf/2016-22571.pdf.


******************************************************************************

Interim Rule

FAR: Non-Retaliation for Disclosure of Compensation Information (FAR Case 2015-0011)
Effective Date: September 30, 2016
NMCARS change not anticipated.
Summary: Prohibits Federal contractors from discriminating against employees and job applicants who inquire about, discuss, or disclose their own compensation or the compensation of other employees or applicants. Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23196.pdf.

******************************************************************************

Proposed Rules:

DFARS:  Temporary Extension of Test Program for Comprehensive Small Business Subcontracting Plans (DFARS Case 2015-D013)
Summary: Proposes to revise the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans. The revision provides for contractors participating in the Test Program to report, on a semiannual basis, the amount of first-tier subcontract dollars awarded; the total number of subcontracts active under the Test Program that would have otherwise required a subcontracting plan under 15 U.S.C. 637(d); costs incurred in negotiating, complying with, and reporting on comprehensive subcontracting plans; and costs avoided by adoption of a comprehensive subcontracting plan. This information is expected to assist in determining if Test Program participants have achieved cost savings while enhancing opportunities for small businesses. In addition, the proposed rule repeals the suspension of liquidated damages; extends the program through December 31. 2017; increases the program threshold to $100M from $5M; and establishes guidance regarding the negotiation of comprehensive subcontracting plans with contractors who failed to meet the subcontracting goals off their subcontracting plans for the prior fiscal year. 
Submit comments to RDAPolicy@navy.mil by November 15, 2016.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-23/pdf/2016-22573.pdf.

DFARS: Amendment to Mentor-Protégé Program (DFARS Case 2016-D011)
Summary: Proposes to provide several amendments to the DoD Pilot Mentor/Protégé Program (‘‘the Program’’). In particular, provides for contractors who participate in the Program as mentors to report all technical or management assistance provided; any new awards of subcontracts to the protégé firm, including the value of such
subcontracts; any extensions, increases in the scope of work, or additional, unreported payments to the protégé firm; the amount of any progress payments or advance payments made to the protégé firm for performance under any subcontract made under the Program; any loans made to the protégé firm; all Federal contracts awarded to the mentor and protégé firms as a joint venture; any assistance the mentor firm obtained for the protégé firm from small business development centers entities providing procurement technical assistance; or historically Black colleges or universities or minority institutions of higher education; whether the terms of the mentor-protégé agreement have changed; and a narrative describing the success assistance provided under the Program has had in addressing the protégé firm’s developmental needs, the impact on DoD contracts, and addressing any problems encountered. These reporting requirements apply retroactively to mentor-protégé agreements in effect on November 25, 2015. The new reporting requirements will provide information to DoD’s Office of Small Business Programs to support decisions regarding continuation of particular mentor/protégé agreements.  
Submit comments to RDAPolicy@navy.mil by November 15, 2016.  Further details are provided at: https://www.gpo.gov/fdsys/pkg/FR-2016-09-23/pdf/2016-22574.pdf.

 
******************************************************************************

PGI Changes

DFARS PGI: Contract Reporting Update (DFARS PGI Case 2016-P013)
Effective Date:  September 23, 2016
NMCARS change not anticipated.
Summary: Updates the instructions for reporting to the Federal Procurement Data System (FPDS) to align with system improvements, DPAP data initiatives, and Government Accountability Office recommendations. The rule updates the specific instructions necessary to complete certain data fields in an FPDS contract action report. These instructions will enable contracting officers to more accurately complete the reports and provide clarification to previously ambiguous or missing direction.  Further details are available at:  http://www.acq.osd.mil/dpap/dars/change_notices.html.

DFARS PGI: Documentation of Market Research Methods (DFARS PGI Case 2016-P015)
Effective Date:  September 23, 2016
NMCARS change not anticipated.
Summary: Updates the instructions to provide documentation requirements for the contract file concerning market research conducted. Further details are available at: http://www.acq.osd.mil/dpap/dars/change_notices.html.


******************************************************************************

Upcoming Reports Due:

Bridge Contract Awards
Date Due to DASN(AP): October 30, 2016
NMCARS Reference: 5206.303-92 - Annex 5
Email to DASN(AP) at seniorservicesmanage.fct@navy.mil

Commercial Item Exceptions to Cost/Pricing Data valued $19.5M or more
Date Due to DASN(AP): October 31, 2016
NMCARS Reference: 5215.403-1(c)(3)(B)
Email to DASN(AP) at RDAJ&As@navy.mil

Truth In Negotiation Act (TINA) Waivers valued $19.5M or more
Date Due to DASN(AP): October 31, 2016
NMCARS Reference: 5215.403-1(c)(4)(B)
Email to DASN(AP) at RDAJ&As@navy.mil

Ratification Reporting
Date Due to DASN(AP): October 31, 2016
NMCARS Reference: 5201.602-3(S-90)(e)(2)
Email to DASN(AP) at RDAPolicy@navy.mil

Government-Furnished Property Compliance Report
Date Due to DASN(AP): October 31, 2016
NMCARS Reference: 5245.103-73(ii)
Email to DASN(AP) at RDAJ&As@navy.mil

ECMRA Contractor Service Hour Labor Reporting - Note: Contractors perform reporting.
Date Due to DASN(AP): No later than October 31 for the preceding fiscal year
NMCARS Reference: 5237.102-90
Submission to: DON ECMRA Application

 

 
Contact Us!

Special Assistant for Public Affairs
Office of the Assistant Secretary of the Navy for Research, Development & Acquisition
1000 Navy Pentagon 4C656,
Washington, DC 20350

Office Contact:
Email: webmaster_navyaos@navy.mil

Contact the Webmaster

This is an official U.S. Navy website
Contact the Webmaster - Please read our Privacy Policy Notice - No FEAR Act - Section 508