DoD Directives
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Department of Defense |
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DIRECTIVE |
NUMBER 5105.64
September 27, 2000
Certified Current as of November 21, 2003
DA&M
SUBJECT: Defense Contract Management Agency (DCMA)
References: (a) Title 10, United States Code
(b) Federal Acquisition Regulation (FAR), current edition
(c) DoD Federal Acquisition Regulation Supplement (DFARS)
(d) DoD Instruction 5000.63, "Defense Acquisition Regulations (DAR) System," May 16, 1997
(e) DoD Directive 8910.1, "Management and Control of Information Requirements," June 11, 1993
1. PURPOSE
Pursuant to the authorities provided in reference (a), this Directive establishes DCMA as an agency of the Department of Defense with the responsibilities, functions, authorities, and relationships as provided herein.
2. APPLICABILITY
This Directive applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as "the DoD Components").
3. MISSION
DCMA shall perform Contract Administration Services (CAS) for the Department of Defense, other authorized Federal Agencies, foreign governments, international organizations, and others as authorized.
4. ORGANIZATION AND MANAGEMENT
DCMA is established as a Combat Support Agency of the Department of Defense, in accordance with section 193 of reference (a), under the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)). It shall consist of a Director and such subordinate organizational elements as are established by the Director within resources authorized by the Secretary of Defense.
5. RESPONSIBILITIES AND FUNCTIONS
5.1. The Director, Defense Contract Management Agency (DCMA), shall:
5.1.1. Organize, direct, and manage the DCMA and all resources assigned to the DCMA.
5.1.2. Develop policies, plans, and procedures; develop resource requirements; ensure security compliance by DCMA personnel; and provide for the management and direction of DCMA overseas activities.
5.1.3. Perform CAS functions in accordance with the Federal Acquisition Regulation (FAR) (reference (b)) and DFARS, Part 42 (reference (c)), as amended, except that DCMA will not normally provide CAS support on ammunition contracts, Navy Supervisor of Shipbuilding contracts, and Office of Naval Research contracts, unless requested by the cognizant Military Department.
5.1.4. Administer, manage, and operate the Defense Procurement Management Review program.
5.1.5. Provide membership on the Defense Acquisition Regulatory Council (DAR Council) in accordance with DoD Instruction 5000.63 (reference (d)).
5.1.6. Perform such other functions as may be assigned by the Secretary and Deputy Secretary of Defense or USD(AT&L).
6. AUTHORITY
The Director, DCMA, is specifically delegated authority to:
6.1. Communicate directly with the DoD Components, other Executive Departments and Agencies, and non-DoD activities, as appropriate. Communications to the Commanders of the Combatant Commands shall be transmitted through the Chairman of the Joint Chiefs of Staff, except those communications dealing solely with CAS functions.
6.2. Obtain reports and information consistent with the policies and criteria of DoD Directive 8910.1 (reference (e)) and advice and assistance from other DoD Components, as necessary, to carry out DCMA functions and responsibilities.
6.3. Prescribe procedures, standards, and practices governing the execution of assigned responsibilities and functions.
6.4. Exercise the administrative authorities contained in enclosure 1.
7. RELATIONSHIPS
In the performance of his functions, the Director, DCMA shall:
7.1. Maintain appropriate liaison with other Components of the Department of Defense, and other Executive Departments and Agencies, as necessary, for the exchange of information and programs in the field of assigned responsibilities.
7.2. Receive support from the Military Departments and other DoD Components within their respective fields of responsibility to assist in carrying out the assigned responsibilities and functions of the Agency.
7.3. Be responsible to the Chairman of the Joint Chiefs of Staff for combat support and other related activities, as appropriate. For these purposes, the Chairman of the Joint Chiefs of Staff is authorized to communicate directly with the Director, DCMA, and may task the Director, DCMA, to the extent coordinated with the USD(AT&L).
8. ADMINISTRATION
8.1. The Director, DCMA, shall be appointed by the Secretary of Defense with recommendations provided by the Chairman of the Joint Chiefs of Staff and the USD(AT&L).
8.2. DCMA shall be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense deems necessary.
8.3. DCMA shall utilize existing facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve an appropriate balance among modernization, readiness, sustainability, efficiency, and economy.
8.4. The Military Departments shall assign military personnel to DCMA in accordance with approved authorizations and procedures for assignment to joint duty.
9. EFFECTIVE DATE
This Directive is effective immediately.
Enclosures - 1
E1. ENCLOSURE 1
DELEGATIONS OF AUTHORITY
E1.1.1. Pursuant to the authority vested in the Secretary of Defense, and subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)), and in accordance with DoD policies, Directives, and Instructions, the Director, Defense Contract Management Agency (DCMA), or in the absence of the Director, the person acting for the Director, is hereby delegated authority as required in the administration and operation of the DCMA to:
E1.1.1.1. Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 301, 302(b), 3101, and 5107 on the employment, direction, and general administration of DCMA civilian personnel.
E1.1.1.2. Fix rates of pay of wage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Federal Wage System. In fixing such rates, the Director, DCMA, shall follow the wage schedule established by the DoD Wage Fixing Authority.
E1.1.1.3. Administer oaths of office to those entering the Executive Branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of the DCMA to perform this function.
E1.1.1.4. Establish a DCMA Incentive Awards Board, and pay cash awards to, and incur necessary expenses for the honorary recognition of, civilian employees of the Government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect the DCMA, in accordance with 5 U.S.C. 4503, Office of Personnel Management (OPM) regulations, and DoD 1400.25-M, "DoD Civilian Personnel Manual (CPM)," Chapter 400, Subchapter 451, "Awards," December 1996.
E1.1.1.5. Maintain an official seal and attest to the authenticity of official records under that seal.
E1.1.1.6. Establish advisory committees and employ temporary or intermittent experts or consultants, as approved by the Secretary of Defense, for the performance of DCMA functions consistent with 10 U.S.C. 173; 5 U.S.C. 3109(b); and DoD Directive 5105.4, "Department of Defense Federal Advisory Committee Management Program," September 5, 1989.
E1.1.1.7. In accordance with Executive Order 10450, "Security Requirements for Government Employment," April 27, 1953; Executive Order 12333, "United States Intelligence Activities," December 4, 1981; and Executive Order 12968, "Access to Classified Information," August 4, 1995; and DoD Directive 5200.2, "DoD Personnel Security Program (DoDSP)," April 9, 1999, as appropriate:
E1.1.1.7.1. Designate any position in the DCMA as a "sensitive" position.
E1.1.1.7.2. Authorize, in case of emergency, the appointment of a person to a sensitive position in the DCMA for a limited period of time and for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
E1.1.1.7.3. Initiate personnel security investigations and, if necessary, in the interest of national security, suspend a security clearance for personnel assigned, detailed to, or employed by the DCMA. Any actions under this paragraph shall be taken in accordance with procedures prescribed in DoD 5200.2-R, " Personnel Security Program," January 1987.
E1.1.1.8. Authorize and approve:
E1.1.1.8.1. Temporary duty travel for military personnel assigned or detailed to the DCMA in accordance with Joint Federal Travel Regulations (JFTR), Volume 1, "Uniformed Service Members," current edition.
E1.1.1.8.2. Travel for DCMA civilian personnel in accordance with Joint Travel Regulations (JTR), Volume 2, "DoD Civilian Personnel," current edition.
E1.1.1.8.3. Invitational travel to non-DoD personnel whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, DCMA activities, in accordance with JTR, Volume 2, "DoD Civilian Personnel."
E1.1.1.8.4. Overtime work for DCMA civilian personnel in accordance with 5 U.S.C. Chapter 55, Subchapter V, and applicable OPM regulations.
E1.1.1.9. Approve the expenditure of funds available for travel by military personnel assigned or detailed to the DCMA for expenses incident to attendance at meetings of technical, scientific, professional, or other similar organizations in such instances when the approval of the Secretary of Defense, or designee, is required by 37 U.S.C. 412, and 5 U.S.C. 4110 and 4111.
E1.1.1.10. Develop, establish, and maintain an active and continuing Records Management Program, pursuant to 44 U.S.C. 3102 and DoD Directive 5015.2, "DoD Records Management Program," March 6, 2000.
E1.1.1.11. Utilize the Government purchase card for making mircopurchases of material and services, other than personal services, for the DCMA when it is determined more advantageous and consistent with the best interests of the Government.
E1.1.1.12. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals, as required for the effective administration and operation of the DCMA, consistent with 44 U.S.C. 3702.
E1.1.1.13. Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M, "Department of Defense Directives System Procedures," August 1994.
E1.1.1.14. Enter into support and service agreements with the Military Departments, other DoD Components, or other Government Agencies, as required, for the effective performance of DCMA functions and responsibilities.
E1.1.1.15. Enter into and administer contracts, directly or through a Military Department, a DoD contract administration services component, or other Federal Agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the DCMA. To the extent that any law or Executive order specifically limits the exercise of such authority to persons at the Secretarial level of a Military Department, such authority shall be exercised by the appropriate Under Secretary or Assistant Secretary of Defense.
E1.1.1.16. Establish and maintain appropriate property accounts for the DCMA and appoint Boards of Survey, approve reports of survey, relieve personal liability, and drop accountability for DCMA property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
E1.1.1.17. Promulgate the necessary security regulations for the protection of property and places under the jurisdiction of the Director, DCMA, pursuant to DoD Directive 5200.8, "Security of DoD Installations and Resources," April 25, 1991.
E1.1.1.18. Lease property under the control of the DCMA, under terms that will promote the national defense or that will be in the public interest, pursuant to 10 U.S.C. 2667.
E1.1.2. The Director, DCMA, may redelegate these authorities as appropriate, and in writing, except as otherwise specifically indicated above or as otherwise provided by law or regulation.