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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: October 4, 2000

FROM: Barry McVay, CPCM

SUBJECT: Navy Acquisition Procedures Supplement (NAPS); Draft Fall 2000 Version

SOURCE: Navy Internet Site http://www.abm.rda.hq.navy.mil

AGENCIES: Department of the Navy

ACTION: Proposed Fall 2000 Version of the NAPS

SYNOPSIS: The Navy is proposing to reissue the NAPS in its entirety for the first time in three years. The draft version is on the Navy website http://www.abm.rda.hq.navy.mil/abm2000_34a.pdf. The Navy is "particularly interested in identifying areas where either existing coverage is considered unnecessary, or additional coverage would be beneficial."

DATES: Submit comments or recommendations by October 25, 2000.

ADDRESSES: Submit comments to Peter Chase, e-mail: Chase.Peter@hq.navy.mil; fax: 703-602-2117.

FOR FURTHER INFORMATION CONTACT: Peter Chase, 703-602-2501; e-mail: Chase.Peter@hq.navy.mil; fax: 703-602-2117.

SUPPLEMENTAL INFORMATION: The following are some of the more significant changes that are in the draft version of the Fall 2000 NAPS:

• NAPS 5203.104-10, Violations or Possible Violations, is revised to add as paragraph (f) a requirement that the Deputy for Acquisition and Business Management (ABM) be notified whenever the chief of the contracting office (CCO) determines that a procurement integrity violation has had no impact on the procurement and that the contract should be awarded because of urgent and compelling circumstances.
  
  
• NAPS 5207.103, Agency-Head Responsibilities, designates heads of the contracting activity (HCA) as responsible for prescribing procedures for the review and approval of acquisition plans and revisions to those plans.
  
  
• NAPS Subpart 5207.5, Inherently Governmental Functions, and NAPS 5207.503, Policy, are added to designate the CCO as responsible for resolving disagreements regarding a requiring official's written determination that none of the functions to be performed under a proposed contract are inherently governmental.
  
  
• NAPS Subpart 5215.6, Unsolicited Proposals, and 5215.606, Agency Procedures, are added to designate HCAs as responsible for establishing contact points and procedures for controlling the receipt, evaluation, and timely disposition of unsolicited proposals.
  
  
• NAPS Subpart 5217.5, Interagency Acquisitions Under the Economy Act, and NAPS 5217.503, Determinations and Findings Requirements, are added to establish procedures for the processing of interagency acquisitions under the Economy Act.
  
  
• NAPS 5225.7012, Restrictions on Anchor and Mooring Chain; NAPS 5225.7015, Restrictions on Night Vision Image Intensifier Tubes and Devices; NAPS 5225.7017, Restrictions on Carbon, Alloy, and Armor Steel Plate; NAPS 5225.7018, Restrictions on Four Ton Jolly Jacks; NAPS 5225.7019, Restrictions on Ball and Roller Bearings; NAPS 5225.7021, Restriction on Aircraft Fuel Cells; and NAPS 5225.7023, Restrictions on Supercomputers, are added to implement various Defense Federal Acquisition Regulation Supplement (DFARS) sections pertaining to the processing of waivers and certifications for statutory restrictions on foreign acquisition.
  
  
• NAPS 5228.106, Administration, and NAPS 5228.308, Self-Insurance, are removed since the submission of questions and requests for guidance to ABM regarding bonds, and the referral of matters to ABM concerning self-insurance, should be limited to those circumstances where no other assistance is available.
  
  Also, 5228.301, Policy, paragraph (91), Payment of Claims to Third Parties, is removed. Removing this paragraph will remove the requirement to submit information to ABM for a determination as to whether the government has assumed the risk of liability to third parties and, if so, the amount to be paid. Although an ABM determination is no longer required, NAPS 5228.301-90, Notification of Suit or Action Filed or Claim Made, is added to require that ABM be informed of any suit or action filed or claim made against the contractor in excess of $100,000.
  
  
• NAPS 5233.103, Protests to the Agency, is added to designate HCAs as responsible for establishing procedures for handling requests made by interested parties for an independent review of their protest at a level above the contracting officer. It also designates the CCO as the level above the contracting officer or, if the CCO is less than two levels above the contracting officer, the chief of the next higher contracting office as the level above the contracting officer.
  
  
• NAPS 5235.070-90, Notification of Occurrence, Action, or Claim, is added to require the contracting officer to inform ABM upon receipt of notification from a contractor of any occurrence, action, or claim in excess of $100,000 that might trigger the government's liability under DFARS 252.235-7000, Indemnification Under 10 U.S.C. 2354 -- Fixed Price, or DFARS 252.235-7001, Indemnification Under 10 U.S.C. 2354 -- Cost Reimbursement.
  
  
• NAPS Subpart 5235.70, Research and Development Streamlined Contracting Procedures, is added to designate the CCO as responsible for establishing procedures for authorizing the use of Federal Acquisition Regulation (FAR) and DFARS provisions and clauses, and nonstandard provisions and clauses that are not in the research and development streamlined solicitation/contract (RDSS/C) standard format published at the RDSS/C website (http://www.rdss.osd.mil).
  
  
• NAPS 5248.103, Processing Value Engineering Change Proposals, is added to designate the HCA as responsible for establishing procedures for processing and evaluating value engineering change proposals. This was done so the procedures can be tailored to the needs of each HCA.
  
  
• NAPS 5250.403-2, Action on Indemnification Requests, is added to require the contracting officer to inform ABM upon receipt of notification from a contractor of any claim or action against, or any loss by, the contractor or any subcontractors in excess of $100,000 that may reasonably be expected to involve indemnification under FAR 52.250-1, Indemnification Under Public Law 85-804.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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