FedGovContracts.com

Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: August 17, 2000

FROM: Barry McVay, CPCM

SUBJECT: Navy Acquisition Procedures Supplement (NAPS) Change #97-13, Conforming Changes

SOURCE: Executive Director for Navy Acquisition and Business Management Memorandum, August 11, 2000

AGENCIES: Department of the Navy

ACTION: Revision of the NAPS

SYNOPSIS: To conform the NAPS to recent changes to the Federal Acquisition Regulation (FAR) and the Defense FAR Supplement (DFARS), two changes are made to the NAPS. In addition, an agency designation is added at NAPS 5203.104, Violations or Possible Violations.

EDITOR'S NOTE: For more on FAC 97-18, see the June 6, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-18, Miscellaneous Amendments."

For more on FAC 97-19, see the July 26, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-19, Miscellaneous Amendments."

EFFECTIVE DATE: August 11, 2000.

FOR FURTHER INFORMATION CONTACT: Department of the Navy, Office of the Assistant Secretary, Research, Development and Acquisition, 1000 Navy Pentagon, Washington, DC 20350-1000.

SUPPLEMENTAL INFORMATION: The following changes are made to the NAPS to conform it to changes in the FAR and the DFARS:

• FAC 97-18 included a substantial reorganization of FAR Subpart 23.4, Use of Recycled Materials, and FAR 23.405, Solicitation Provision and Contract Clause, was redesignated as FAR 23.406. In addition, an Alternate I was added to FAR 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products, which consists of the certification that was deleted from the main clause but is to be used "if technical personnel advise that estimates can be verified." Therefore, to conform the NAPS to the FAR, NAPS 5223.405 is redesignated as NAPS 5223.406, and contracting officers are directed to insert the address of the Naval Facilities Engineering Service Center into "paragraph (b) (or paragraph (c) if using ALT I) of the clause."
  
  
• FAC 97-19 removed FAR 50.104, Reports, because the statutory requirement to report to Congress any contract action in excess of $50,000 issued under the authority of Public Law 85-804 was repealed in 1998. On July 31, 2000, the Department of Defense (DOD) removed DFARS 250.104 to conform to the FAR (see the July 31, 2000, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Repeal of Reporting Requirements Under Public Law 85-804"). Therefore, to conform the NAPS to the FAR and the DFARS, NAPS 5250.104 is removed.

Also, paragraph (a)(1) of FAR 3.104-10, Violations or Possible Violations, requires the contracting officer, if he or she receives information indicating that a violation of the Procurement Integrity Act has occurred, to determine whether the alleged violation "has any impact on the pending award or the selection of the source therefor." Paragraph (a)(2) states that, if the contracting officer determines that there is no impact on the procurement, he or she is to submit a report and documentation to "an individual designated in accordance with agency procedures." Therefore, NAPS 5203.104, Violations or Possible Violations, is added to designate the Chief of the Contracting Office "as the individual to receive the contracting officer's report and documentation concluding that there is no impact on the procurement." (EDITOR'S NOTE: NAPS 5203.104 should actually be NAPS 5203.104-10 to correspond to the FAR numbering. FAR 3.104 is "Procurement Integrity", and FAR 3.104-10 is a subsection of FAR 3.104.)

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

Return to the Dispatches Library.

Return to the Main Page.