SUBPART 5217.1—MULTI-YEAR CONTRACTING
(b) HCAs have authority to award multi-year contracts, subject to restrictions contained in the FAR and DFARS.
5217.108 Congressional notification.
(b) HCAs shall submit a copy of the required written Congressional notification of a proposed multi-year contract that includes a cancellation ceiling in excess of $114.5 million to DASN(A&LM) via electronic mail address RDAJ&As@navy.mil. Contracting officers shall verify that the required Congressional notification has been made and the time limit for award has been satisfied before executing contract award.
5217.170 (DFARS 217.170) General.
(e)(4) HCAs shall submit copies of Congressional notifications for multi-year contracting to
DASN(A&LM) via electronic mail address RDAJ&As@navy.mil.
5217.171 (DFARS 217.171) Multiyear contracts for services.
(a) 10 U.S.C. 2306(g).
(3) HCAs are delegated the authority to make the determinations described in DFARS 217.171(a)(3).
(4) and (5) HCAs shall submit a copy of the required congressional notification to DASN(A&LM) via electronic mail address RDAJ&As@navy.mil.
5217.172 Multiyear contracts for supplies.
(e) and (f) HCAs shall submit copies of the required congressional notifications to DASN(A&LM) via electronic mail address RDAJ&As@navy.mil.
5217.174 Multiyear contracts that employ economic order quantity procurement.
(a) HCAs shall submit a copy of the required congressional notification to DASN(A&LM) via electronic mail address RDAJ&As@navy.mil.
(e) Approval for use of contract terms in excess of the limitations specified in FAR 17.204(e) must be supported by valid justifications, documented in writing, and obtained prior to solicitation. Approval shall be at a level not lower than the CCO. A determination to establish an ordering period in excess of 10 years, in accordance with DFARS 217.204(e)(i)(C), must be executed by ASN(RDA). Submit such requests via DASN(A&LM).
SUBPART 5217.5—INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT
5217.503 Determinations and findings requirements.
(c)(i) Agency head designations. Except for the special circumstances listed in (ii) below, and the limitations specified in (iii) below, the agency head’s designees for approving D&Fs for interagency acquisitions are:
DASN(A&LM)
Chief of Naval Research
Commander, Marine Corps Systems Command
Commander, Naval Air Systems Command
Commander, Naval Facilities Engineering Command
Commander, Naval Sea Systems Command
Commander, Naval Supply Systems Command
Commander, Space and Naval Warfare Systems Command
Director, Strategic Systems Programs
Deputy Commandant for Installations and Logistics, Headquarters, Marine Corps
(A) For Economy Act orders that require no contracting action on the part of the servicing agency, delegation of this authority to the appropriate level within the organization/claimancy is encouraged.
(B) For Economy Act orders to non-DoD activities that require contracting action on the part of the servicing agency, this authority may not be further delegated except to:
(1) Affiliated PEOs;
(2) Affiliated DRPMs;
(3) Any other SES/Flag/General Officer within the HCA’s Command structure; and/or
(4) Commanding Officers of subordinate activities provided the approval authority does not exceed the activity’s level of contracting authority.
(ii) Special circumstances. Approval authority for Economy Act orders to be placed with the Department of Transportation’s Volpe Laboratories is not delegated. The agency head’s designee to approve D&Fs for these Economy Act orders is DASN(A&LM). Additionally, copies of all orders with the Department of Energy and its federally funded Research and Development Centers shall be provided to DASN(A&LM) within two weeks after issuance.
(iii) Limitations.
(A) Approval authority for D&Fs for interagency Economy Act orders to agencies not subject to the FAR, such as the Central Intelligence Agency, Tennessee Valley Authority, United States Postal Service, Federal Aviation Administration and the Library of Congress, is limited to the NSPE.
(90) Documentation. Files of approved orders, including supporting documentation, shall be maintained at a single location within each activity delegated approval authority.
(91) Exceptions. The following are examples of acquisitions that do not require Economy Act D&Fs:
(a) Interagency acquisitions from the General Services Administration conducted under the authority of 40 U.S.C. 757, Information Technology Fund;
(b) Acquisitions conducted pursuant to DFARS Subpart 208.70, “Coordinated Acquisition”;
(c) Acquisitions conducted under the authority of the Project Order Act,
41 U.S.C. Section 23; and
(d) Interservice support agreements between DoD activities that comply with DoD Instruction 4000.19, “Interservice and Intragovernmental Support.”
SUBPART 5217.74—UNDEFINITIZED CONTRACT ACTIONS
5217.7405 (DFARS 217.7405) Plans and Reports.
(a)(2) HCAs shall submit by April 15 and October 15 a semi-annual consolidated undefinitized contract action (UCA) report, identifying each UCA with an estimated value of more than $5 million.
(b) Submit the required UCA report to DASN(A&LM) via electronic mail address RDAJ&As@navy.mil in the format prescribed at Annex 6. Properly identify in the subject line of both the email and the reports “UCA MANAGEMENT REPORT” followed by the applicable reporting period/year (e.g. UCA MANAGEMENT REPORT: April 15, 2010).
5217.7405 (PGI 217.7405) Plans and reports.
(1) Submit a copy of the weighted guidelines for each definitized UCA during the reporting period with a value of $100 million or more. If there is no record of weighted guidelines (e.g., not required for a cost-plus-award-fee contract per DFARS 215.404-74), then submit alternative documentation that addresses appropriate recognition of the contractor’s reduced cost risk during the undefinitized performance period. Submit the required information in accordance with 5217.7405(b).
SUBPART 5217.78—CONTRACTS OR DELIVERY ORDERS ISSUED BY A NON-DOD AGENCY
5217.7802 (DFARS 217.7802) Policy.
ASN(RDA) is the decision authority for assisted acquisitions exceeding $500,000,000. DASN(A&LM) is the decision authority for assisted acquisitions exceeding $50,000,000. At or below $50,000,000, the Requiring Organization Commander/Commanding Officer is the decision authority. This authority may be delegated but, for requirements over $5,000,000, decision authority may only be delegated to an official in the Requiring Organization who is a Flag or General Officer; a member of the Senior Executive Service; or, for a requirement arising from a claimant activity without Flag/General Officer/SES, the commanding officer of that activity. For assisted acquisitions for services, see additional approval requirements at NMCARS 5237.170-2(b). The business clearance approval official is the decision authority for direct acquisitions.
(e) Data collection and reporting is as directed in the DON Guidelines for Proper Use of Non-DoD Contracts dated December 14, 2004 and ASN(FM&C) memorandum on Non-Economy Act Orders with Non-DoD Agencies dated January 31, 2007, as amended by the ASN(FM&C) memorandum on Advance Payments to Non- DoD Federal Agencies for Interagency Acquisitions dated March 30, 2007.