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Navy Marine Corps Acquisition Regulation Supplementnmcars

Navy Marine Corps Acquisition Regulation Supplement

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5209.104 Standards.


5209.104-1 General standards.

(g)(ii) Ownership or control by a foreign government when access to proscribed information  is required.

(C) Submit waiver requests for Undersecretary  of Defense for Intelligence approval via DASN(AP) by email at RDAJ&  with the subject [Activity Name] DFARS 209.104-1(g)(ii) - Waiver Request/National  Security Interest Determination.

(D) Submit waiver requests for Secretary of  Defense approval via DASN(AP) by email at address RDAJ& with the  subject [Activity Name] DFARS 209.104-1(g)(ii)(A) - SECDEF Waiver Request.


5209.104-6 Federal Awardee  Performance and Integrity Information System.

(c)(2) After completing the Federal Awardee  Performance and Integrity Information System (FAPIIS) review required in FAR 9.104-6  prior to contract award and determining the potential awardee was removed from the  debarred or suspended list within the last two years, the contracting officer, if  choosing to continue with contract award, shall notify the HCA and the AGC(AI)). The  AGC (AI) may provide additional available relevant information regarding the  prospective awardee to assist the HCA in making and supporting the decision to award.  The HCA shall approve the contract award.




5209.402 Policy.

(d) The AGC(AI) is the Department of the Navy s  Suspending and Debarring Official (SDO). Attorneys in the Acquisition Integrity Office  have the responsibility for processing and recommending suspension or debarment action  to the SDO.


5209.404 System for Award Management  Exclusions (SAM).

(b)(8) The Acquisition Integrity Office has the  responsibility for entering data, updating, and performing all other administrative  functions regarding the SAM exclusions for the DON.


5209.405 Effect of listing.

(a) ASN(RDA) shall make the required  determination that there is a compelling reason. Submit requests for an ASN(RDA)  determination to DASN(AP) with justification for the proposed consent action by email at  RDAJ& with the subject [Activity Name] DFARS 209.405 Compelling  Reason Review and Approval. DASN(AP) shall provide written notification of the  determination to the General Services Administration.

(b)(ii) Submit requests for an agency head  exception via DASN(AP) with justification that award to Code H ineligible contractor is  in the paramount interest of the United States by email at RDAJ& with  the subject [Activity Name] DFARS 209.405 Code H Ineligible Facility Review and  Approval.


5209.405 2 Restrictions on  subcontracting.

(b) Immediately upon receipt, the contracting  officer shall provide DASN(AP) with an informational copy of the written notification  received from the contractor by email at RDAJ& with the subject  [Activity Name] DFARS 209.405-2 Copy of Agency Head Statement.


5209.406 Debarment.


5209.406 3 Procedures.

(i) Refer all matters to AGC(AI).

(ii)(D) Entity Identifier reports should also  be included for all known affiliates, subsidiaries, or parent firms.

(ii)(E)(2) Whether to apply limitations to the  suspension or debarment and provide a recommendation for debarment or suspension  action in the case of any subsidiaries and the officers thereof.

(iii)(A) In cases involving indictments,  forward reports within 15 calendar days after the indictment is filed.

(iv)(S-90) Contracting officers shall report  when the contractor receives a rating of Unsatisfactory in any evaluation area of Past  Performance under a DON contract to the DON AIO. When the contracting officer issues a  show cause or cure notice, the cognizant contracting officer shall submit a copy of  the issuance to the DON Acquisition Integrity Office AIO within five days by email at with the subject PGI 209.406-3 - Poor Performance Referral."

(iv)(E) The summary shall also include  comments regarding the U.S. Attorney s positions on release of any investigative  reports included in the report.

(S-90)(i) If Government employees are  implicated in the underlying conduct that led to the referral, the names and current  addresses of the employees, disciplinary action taken and the current employment  status of each individual.

(ii) If no disciplinary action was taken  against Government employees involved in the wrongdoing, and the contractor or  contractor personnel are recommended for debarment or suspension, a statement  explaining why no disciplinary action was taken against the Government employee(s),  and why debarment or suspension is appropriate under the circumstances.


5209.407 Suspension.


5209.407 3 Procedures.

Refer all matters to AGC(AI). Prepare and  process reports in accordance with 5209.406-3.




5209.503 Waiver.

The HCA is the agency head s designee, without  power of redelegation, for making the determinations required by FAR 9.503.


5209.570 Limitations on contractors  acting as lead system integrators.

5209.570-2 Policy.

(c)(2) Submit the required written determination  for approval with a copy of the approved AS, STRAP, or MOPAS-S by the  SECDEF/USD(AT&L) via DASN(AP) by email at RDAJ& with the subject  [Activity Name] DFARS 209.570-2 - D&F to Use a Contractor to Perform Lead System  Integrator Functions.


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