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Navy Marine Corps Acquisition Regulation Supplementnmcars

Navy Marine Corps Acquisition Regulation Supplement


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PART 5204 ADMINISTRATIVE MATTERS

 

SUBPART 5204.2 CONTRACT  DISTRIBUTION

 

5204.270 Electronic Document  Access.

 

5204.270-1 Policy.

(b)(1) DoN activities shall post a copy of  each manually executed procurement instrument (contract, purchase order, delivery  order, modification, etc.) within six working days of execution, to the DoD Electronic  Document Access (EDA).

 

SUBPART 5204.6 CONTRACT REPORTING

 

5204.604 Responsibilities.

(3)(i) No later than 30 days from the end of the  quarter, HCAs shall complete quarterly data verification and validation (V&V) in  accordance with the data V&V process described in section 4.0 available at http://www.acq.osd.mil/dpap/pdi/eb/dataimp.html# and submit quarterly results and  certifications to DASN(AP) eBusiness Policy and Oversight Division by email at Policy@navy.mil with the subject DFARS 204.604 Quarterly Data Verification and  Validation.

(ii) By December 1st of each year, HCAs shall  submit the required annual certification and data validation results for the preceding  fiscal year reported data on contract actions following the instructions and format at http://www.acq.osd.mil/dpap/pdi/eb/dataimp.html# to DASN(AP) e-Business Policy and  Oversight Division by email at Policy@navy.mil with the subject DFARS 204.604 Annual  Data Verification and Validation.

 

SUBPART 5204.8 GOVERNMENT CONTRACT  FILES

 

5204.804 Closeout of contract  files.

 

5204.804-1 Closeout by the office  administering the contract.

(a)(1) After receiving evidence of receipt of  supplies/services for firm-fixed price contracts or task or delivery orders valued at  less than the simplified acquisition threshold, the contracting officer may close the  contract, citing NMCARS 5204.804-1(a)(1), as long as there is evidence of final payment  or 180 days have elapsed after the final scheduled delivery date.

(S-90) Submit a monthly report in accordance  with the ASN(RDA) memorandum entitled Department of the Navy Contract Closeout Policy  dated April 12, 2019 in the format prescribed in Annex 24 to DASN(AP) via email  RDAJ&As.fct@navy.mil with the subject [Activity Name] NMCARS 5204.804-1(S-90)  Monthly Contract Closeout Metric Report by the 15th of each month.

 

5204.805 Storage, handling, and  contract files.

(c) Contracts, task and delivery orders and any  modifications thereto (and related records or documents, including successful and  unsuccessful proposals) shall be retained for 10 years after final payment.

 

SUBPART 5204.73-SAFEGUARDING COVERED  DEFENSE INFORMATION AND CYBER INCIDENT REPORTING

 

5204.7303-1 General.

(b) (S-90) As provided in the memorandum titled,  Updated Implementation of the DIB Memo

dated 06 September 2019, the DON  recognizes the ongoing efforts within the DOD to protect

controlled unclassified information and  unclassified networks. In the interim, the contracting officer shall -

(a) Include the contents of Annex 16 in the  statements of work of solicitations, contracts and task or delivery orders when notified  by the DON Program Manager, Program Executive Officer, or Chief of Naval Research, in  coordination with the Resource Sponsor, that the risk to a critical program and/or  technology warrants its inclusion.

(b) Consider the DFARS Clause at 252.204-7012,  and to the extent its contents are included in statements of work of solicitations,  contracts and task or delivery orders, the DIB memo, and Annex 16, to be material  requirements.

(c) Consider the right to reduce or suspend  progress payments for contractor noncompliance (see Federal Acquisition Regulation (FAR)  32.503-6) or for nonconforming supplies or services (see FAR 46.407).

i. When the contracting officer decides to  accept supplies or services with critical or major non-conformances (e.g., failure to  comply with a material requirement), the contracting officer shall modify the contract  to provide for an equitable price reduction or other consideration.

1. An amount approximating 5% of the  contract s value could be considered reasonable based on the risk to the Government for  this noncompliance.

2. In situations where an increased risk  is identified by the requirements office, the contracting officer should consider an  amount equal to this increased risk.

ii. When the contracting officer decides  to require correction of nonconformance rather than acceptance, withholding/reduction or  suspension of progress payments should be considered if correction is not effected in a  timely manner.

 

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