SUBPART 5216.3—COST REIMBURSEMENT CONTRACTS
5216.306 (DFARS 216.306) Cost-plus-fixed-fee contracts.
(c) Limitations.
(ii)(B)(1) COMNAVFAC is delegated authority to approve cost-plus-fixed-fee contracts for environmental work only, provided the environmental work is not classified as construction, as defined by 10 U.S.C. 2801.
(2) Requests for approval of cost-plus-fixed-fee contracts requiring Secretary of Defense approval shall be routed through COMNAVFAC and DASN(A&LM).
SUBPART 5216.4—INCENTIVE CONTRACTS
(d) HCAs may delegate signature authority for approval of required determinations and findings (D&Fs), subject to the limitations established below.
(1) Award-fee contract types: D&F signature authority is delegable no lower than one level below the HCA.
(2) Other incentive contracts. D&F signature authority is delegable no lower than one level above the Contracting Officer.
(3) D&F submittal requirements for cost-plus-award-fee (CPAF) contracts. HCAs shall submit copies of approved D&Fs to DASN(A&LM) via electronic mail address RDAJ&As@navy.mil, as follows:
(i) All D&Fs for contracts of ACAT I Programs: Within 15 days after approval.
(ii) D&Fs for contracts of non-ACAT I programs valued $50,000,000 or more (including options): Within 30 days after approval.
(iii) Properly identify in the email subject line “CPAF D&F, ACAT Program Designation Number, Description, and Activity Name.”
(f) Incentive- and Award-Fee Data Collection and Analysis. HCAs shall collect,
evaluate and report on award and incentive fees earned on contracts with an estimated value greater than $50,000,000 (including options) following the DON Process for Collecting, Evaluating, and Reporting Award and Incentive Fees Earned, available in Annex 9, AWARD FEE AND INCENTIVE FEE CONTRACT REPORTING, of this supplement. Submit a semiannual report on award and incentive fees earned to DASN(A&LM) via electronic mail address RDAJ&As@navy.mil in the format prescribed under Annex 9. Properly identify in the subject line and the report “AWARD AND INCENTIVE FEES EARNED REPORT” followed by the applicable month/reporting period (e.g. September 1, 2010/1 January – 30 June). The reporting schedule is as follows:
Fees earned during reporting period: Report due by:
1 January – 30 June 1 September
1 July – 31 December 1 March
SUBPART 5216.5—INDEFINITE-DELIVERY CONTRACTS
5216.504 (DFARS 216.504) Indefinite-quantity contracts.
(c)(1)(ii)(D) Limitation on single award contracts.
(1) Only the Navy Senior Procurement Executive is authorized to make the determination authorized in FAR 16.504(c)(1)(ii)(D)(1)(iv).
(3) Submit determinations over $100M to DASN(A&LM) via electronic email address RDAJ&As@navy.mil. Properly identify in the subject line "DFARS 216.504—SINGLE AWARD" followed by the contract/task/delivery order number.
5216.504-90 Limitation on single award task or delivery order contracts valued at or below $100M
(a) Policy. Unless exempted by (b) below, single awards of task or delivery order contracts valued at or below $100M require HCA approval.
(b) Exemptions. The following categories of contracts are exempt from the requirement for HCA approval for single awards of task or delivery order contracts:
(1) Competitively awarded contracts which provide only for firm fixed unit price task or delivery order contracts for products or services where unit prices are established in the contract;
(2) Only one qualified offer received under a competitive solicitation (the circumstances for award must be addressed in the business clearance);
(3) Contracts for Foreign Military Sales awarded to a directed source;
(4) Requirements contracts supported by approved acquisition plans/strategies;
(5) Contracts supported by a sole source Justification and Approval under FAR Part 6;
(6) Sole source contracts awarded under Section 8(a) of the Small Business Act; and
(7) Contracts with a total estimated value less than $5.5 million.
(c) Combination contracts. For contracts where the only products or services to be acquired by issuance of task or delivery orders are incidental to the overall effort under the contract, and the overwhelming preponderance of the work is defined and priced at the outset, the threshold for approval is based on the estimated value of the incidental services.
5216.505 (DFARS 216.505) Ordering.
(b)(5) The task order contract and delivery order contract ombudsman responsible for reviewing complaints from contractors on task order contracts and delivery order contracts is the Navy Competition Advocate General. Contractors should be encouraged to settle their complaints through the Competition Advocate chain of command, seeking review by the Command Competition Advocate at the cognizant HCA before taking their complaints to the Navy Competition Advocate General.