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NMCARS PART 5237 SERVICE CONTRACTING



PART 5237 SERVICE CONTRACTING

SUBPART 5237.1—SERVICE CONTRACTS GENERAL

5237.104 (DFARS 237.104) Personal services contracts.

(b)(ii)(C0(2) Commands outside the Bureau of Medicine and Surgery (BUMED) claimancy shall obtain review and approval of Statements of Work for clinical counselors, family advocacy program staff, and victim’s services representatives as described in DFARS 237.104(b)(ii)(A)(3) from the Naval Medical Logistics Command (NAVMEDLOGCOM). See BUMEDINST 4200.2A, or version currently in effect, for information on appropriate contract procedures.

5237.170 Approval of contracts and task orders for services.

5237.170-2 (DFARS 237.170-2) Approval requirements.

(a) Acquisition of services through a contract or task order that is not performance

based.

(1) The HCA is the agency’s designee for approval of acquisition of services at or below

$78,500,000 that is not performance based. For acquisitions above $5 million, HCA authority may

be delegated only to the Deputy/Assistant Commander for Contracts, a Flag or General Officer or SES who is a member of the Acquisition Professional Community, or, for commands/locations without a local SES/Flag/General Officer, to the Commanding Officer, but not further.

(2) For acquisitions exceeding $78,500,000, but below $500,000,000, the approval authority

is DASN(A&LM).

(b) Acquisition of services through use of a contract or task order issued by a non-DoD agency. In addition to review and approval in accordance with the DoN Management

Oversight Process for Acquisition of Services, approval must be obtained from:

(1) The HCA for actions at or below $50,000,000. For acquisitions above $5 million, HCA authority may be delegated only to the Deputy/Assistant Commander for Contracts, a Flag or General Officer or SES who is a member of the Acquisition Professional Community, or, for commands/locations without a local SES/Flag/General Officer, to the Commanding Officer, but not further.

(2) DASN(A&LM) for actions exceeding $50,000,000.

SUBPART 5237.2--ADVISORY AND ASSISTANCE SERVICES

5237.204 Guidelines for determining availability of personnel.

(a) Approval by the Source Selection Authority of a source selection plan identifying only agency/FFRDC personnel as evaluators may constitute the determination that sufficient personnel are available within the agency to evaluate or analyze proposals. Determinations that sufficient personnel are not readily available within the agency nor within another Federal agency shall be made in accordance with (d) below.
(b)(i) Activities should use common sense and reasonably available information in determining which other Federal agencies or Navy/Marine Corps activities may have personnel with the training and capabilities required to support evaluation of proposals. The nature and extent of efforts an activity should pursue in obtaining information depend on the circumstances of the procurement, taking into consideration such factors as those listed in FAR 37.204(b), the specialized nature of the qualifications and expertise required, and the activity’s previous experience in attempting to identify similarly qualified personnel.
(ii) Qualified employees of another agency who could only be available at times other than when needed to conduct a planned evaluation of proposals may be considered “not readily available” if it is not practical to adjust the evaluation schedule to accommodate using them.
(c) If another agency will make personnel available on a reimbursable basis, Subpart 17.5 will generally apply.
(d) HCAs are delegated authority to determine that personnel with the required training and capabilities needed to conduct evaluations or analyses of any aspect of proposals for an initial contract award are not readily available within the agency or other Federal agencies. The procedures in FAR Subpart 1.7 apply to HCA determinations made under this section.

SUBPART 5237.5—MANAGEMENT OVERSIGHT OF SERVICE CONTRACTS

5237.503 Agency-head responsibilities.

All acquisition of services in excess of the simplified acquisition threshold shall comply with the policy and procedures set forth in the "Department of the Navy (DoN) Management and Oversight Process for the Acquisition of Services (Revised) (MOPAS 2) dated December 1, 2006." HCAs/PEOs/DRPMs shall issue implementing procedures to ensure compliance.

SUBPART 5237.90--CONTRACTOR GUARD SERVICES

5237.9000 Contracting for contractor guard services.

All requirements for contractor guard services, with the exception of those required to be obtained through the General Services Administration (GSA), shall be obtained through NAVFACENGCOM, unless specific authority is otherwise granted.

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