SUBPART G5201.1--PURPOSE, AUTHORITY, ISSUANCE
The Navy Marine Corps Acquisition Guide (NMCAG) provides Department of the Navy (DoN) administrative procedures that address areas such as processing documents for higher level approval, internal reporting requirements, and various discretionary practices.
G5201.105-2 Arrangement of regulations.
(c) References and citations.
(1) A DFARS cite in parentheses immediately after the NMCAG cite means related coverage is contained in the DFARS (e.g. G5201.104 (DFARS 201.104)). A Procedures, Guidance and Information (PGI) cite immediately after the NMCAG cite means related coverage is contained in PGI (e.g. G5201.104 (PGI 201.104)).
G5201.107 (DFARS 201.107) Certifications.
In accordance with Section 29 of the Office of Federal Procurement Policy Act (41 U.S.C. 425), a new requirement for a certification by a contractor or offeror may not be included in any activity supplement, clause book, contract clause, solicitation provision, policy letter, policy memorandum or any other similar document unless-
(1) The certification requirement is specifically imposed by statute; or
(2) Written justification for such certification is provided to the Secretary of Defense by ASN(RD&A), and the Secretary of Defense approves in writing the inclusion of such certification requirement.
SUBPART G5201.2--ADMINISTRATION
G5201.201 Maintenance of the FAR.
G5201.201-1 (DFARS 201.201-1) The two councils.
(d)(i) Submit proposed revisions to the FAR, DFARS or NMCARS to DASN(A&LM) via the Deputy/Assistant Commander for Contracts of the cognizant HCA. Each proposed revision should include a legal position and identify the name, code, and telephone number of the activity point of contact.
SUBPART G5201.3--AGENCY ACQUISITION REGULATIONS
G5201.303 (DFARS 201.303) Publication and codification.
To the extent possible, all text in this Guide (whether implementing or supplemental) follows the numbering format described in 5201.303 of the NMCARS except each part, subpart, section or subsection is preceded by the letter “G.”
G5201.304 (DFARS 201.304) Agency control and compliance procedures.
(4) DoN Procedures for Control of Component Clause Use.
(D) "Substantially the Same As" Clauses. Component clauses may be used to implement FAR/DFARS/NMCARS clauses which permit usage of clauses "substantially the same as" the prescribed clause or other variation. These clauses do not require DASN(A&LM) approval. "Substantially the same as" clauses should cite the FAR/DFARS/NMCARS clause number, title, and date followed by (VARIATION).
SUBPART G5201.4--DEVIATIONS FROM THE FAR
G5201.402 (DFARS 201.402) Policy.
(2) Submit to DASN(A&LM), those requests for individual or class deviation that require approval at a level higher than the HCA.
SUBPART G5201.6--CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
G5201.602 Contracting Officers.
G5201.602-3 (FAR 1.602-3) Procedures for ratification of unauthorized commitments.
The following is provided as guidance for HCAs in establishing procedures to ratify unauthorized commitments. In establishing procedures, minimizing the need to ratify unauthorized commitments should be considered as a goal.
(a) The individual making the unauthorized commitment should forward to the activity’s Commanding Officer, or civilian equivalent, documentation concerning the transaction, to include:
(1) A signed statement describing--
(i) the circumstances surrounding the unauthorized commitment;
(ii) why normal procurement procedures were not followed;
(iii) what bona fide need of the Government necessitated the commitment;
(iv) whether any benefit was received and its value;
(v) how and when it was identified as an unauthorized commitment;
(vi) attempts to resolve the unauthorized commitment prior to requesting authorization (such as returning merchandise); and
(vii) any other pertinent facts.
(2) All orders, invoices, or other documentary evidence of the transaction.
(b) If the Commanding Officer, or civilian equivalent, concurs that the commitment should be ratified, then the Commanding Officer, or civilian equivalent, should forward the documentation described above in a report to the contracting officer with an endorsement that:
(1) Verifies the accuracy and completeness of the documentation;
(2) Describes any disciplinary action taken and the measures taken to prevent a recurrence of unauthorized commitments; and
(3) Provides a complete purchase description and funding for the ratifying contract.
(c) If the statement required by (a)(1) is unavailable, the Commanding Officer, or civilian equivalent, should explain in the report the reason the individual’s statement is not available and insure that all information required under (a)(1) is provided to the extent possible.
(d) The contracting officer should:
(1) Review the documentation and endorsement provided;
(2) Determine the adequacy of the facts and documentation, obtaining any additional material required;
(3) Prepare a determination and findings for signature by the ratifying official addressing the limitations in FAR 1.602-3(c)(l) through (7);
(4) Prepare a recommendation to the ratifying official;
(5) Prepare appropriate contractual documents; and
(6) Submit the contract and supporting documents to the appropriate counsel of the Office of the General Counsel for an opinion as to form and legality and for any additional pertinent comment or advice.
(e) Comptroller review is recommended for all ratifications.
(f) The ratifying official to whom authority has been delegated pursuant to NMCARS 5201.602-3(b)(3) should review the file, and if ratification is proper, sign the determination and findings.
(g) Records. HCAs should ensure that a record of all ratification actions is maintained. This record should include the identity of the contracting office performing the ratification, the dollar value of the ratification action, and a copy of the required determination and findings.
G5201.690 Requirements to be met before entering into contracts.
(a) Generally, all significant contracting actions should be subject to some form of review prior to award. The formal review process is conducted and documented through the use of the business clearance. The purpose of the business clearance is to demonstrate that the proposed action conforms to law, regulation, good business practices and DoN acquisition policies.
(b) HCAs should establish written procedures for the review and approval of business clearances for:
(1) Contracts (including indefinite-delivery contracts) and contract modifications for the acquisition of supplies or services not within the scope or under the terms of an existing contract.
(2) Undefinitized contract actions (see DFARS Subpart 217.74.)
(3) Basic ordering agreements.
(4) Modifications and changes issued pursuant to contract clauses such as the “Changes” or “Government Property” clauses.
(5) Retroactive pricing after completion.
(6) Definitization of any undefinitized/unpriced action under (2) or (4) above.
(7) Advance agreements on special or unusual cost items (see G5231.109.)
(8) Actions that result in the establishment, modification or recision of a guarantee of performance on a government contract by a third party.
(c) The degree and complexity of documentation required, and approval levels/thresholds, for various actions should be governed by the magnitude and complexity of the action being reviewed.
G5201.691 Procurement Management Oversight.
The primary objective of procurement management oversight is to encourage and assist activities in making continuous improvements in their acquisition processes. It also provides a mechanism for sharing "best practices" throughout the DoN. Procurement management oversight in the DoN is conducted through the Procurement Performance Management Assessment Program (PPMAP). The PPMAP is a flexible, performance-based, process-oriented program that includes self-assessment of:
(a) control of and continuous improvement in critical procurement processes;
(b) performance-based metrics; and
(c) the results of employee and customer surveys.