(U) NGAI 5100.1_NGA Acq Regulation Implementation_Update_29.pdf

UNCLASSIFIED

National Geospatial-Intelligence Agency

INSTRUCTION

NUMBER 5100.1

13 July 2016

Administrative Update 29; 28 April 2023

SPE

SUBJECT: NGA Acquisition Regulation Implementation (NARI)

References: See Enclosure 1

1. PURPOSE. This Instruction establishes policy, assigns responsibilities, and provides procedures to supplement and/or implement guidance from the Federal Acquisition Regulation (FAR) (Reference (a)) and the Defense Federal Acquisition Regulation Supplement (DFARS) (Reference (b)).

2. APPLICABILITY. This Instruction applies to all NGA civilian employees, military service members, other Government agency personnel assigned to NGA, and contractors, hereinafter referred to as personnel personnel. This Instruction applies to all contracts issued under Department of Defense (DoD) authority.

3. POLICY. It is NGA policy to conduct acquisition planning, procurements, contract administration, and contract closeout, complying with the FAR, DFARS, NARI and related NGA policies.

4. RESPONSIBILITIES. See Enclosure 2.

5. EFFECTIVE DATE. This Instruction is effective on the date of signature.

Nicole Pierce Senior Procurement Executive

Enclosures

1. References

2. Responsibilities

3. Procedures

Glossary

TABLE OF CONTENTS

CHANGE LOG

ENCLOSURE 1: REFERENCES

ENCLOSURE 2: RESPONSIBILITIES

Director, NGA Deputy Director, NGA Senior Procurement Executive and Head of the Contracting Activity…….…….116 Director, Office of Contract Services Component Acquisition Executive

ENCLOSURE 3: PROCEDURES

GLOSSARY: ACRONYMS

CHANGE LOG

Change Type*

Change Date

Revised By

Page(s) Affected Change

Description ADM 08/03/2016 OPR 2, 5, 35, 36, 39, 141 5 updates made.

ADM 09/07/2016 OPR 43, 49, 66, 67, 92, 125, 128,

5 updates made.

ADM 10/04/2016 OPR 13, 14, 63, 76, 85, 91, 109,

6 updates made.

ADM 11/02/2016 OPR 49, 82, 83, 99, 100, 110, 122,

123, 139, 140

5 updates made.

ADM 12/02/2016 OPR 19, 21, 33, 45, 103, 144 6 updates made.

ADM 01/03/2017 OPR 44, 45, 63, 92 3 updates made.

ADM 02/03/2017 OPR 38, 39, 44, 83, 88, 97, 69

thru 72, 101 thru 104, 109, 110, 123, 124

6 updates made.

ADM 03/03/2017 OPR 13, 14, 66, 90, 91, 144, All 6 updates made.

ADM 04/06/2017 OPR 16 thru 18, 40, 41, 56, 59, 71, 77, 86, 90 7 updates made.

ADM 06/06/2017 OPR 5, 18, 19, 31, 33, 44, 59, 91,

106, 134, 135

6 updates made.

SUB 06/06/2017 OPR 39, 40 1 update made.

ADM 08/04/2017 OPR 18, 19, 29, 38, 39, 51, 52, 87,

5 updates made.

SUB 10/05/2017 OPR 1, 5, 12, 15, 16, 34, 35, 42,

48, 64, 71, 89, 104, 140

2 updates made.

ADM 10/05/2017 OPR 41, 79, 80, 106, 119, 120 3 updates made.

SUB 12/05/2017 OPR 28, 43, 69, 94 1 update made.

ADM 12/05/2017 OPR 18 thru 20, 29, 71, 72, 85, 86 5 updates made.

ADM 02/08/2018 OPR 4, 5, 8, 31, 72, 91, 104, 121 8 updates made.

SUB 04/05/2018 OPR 21 1 update made.

ADM 04/05/2018 OPR 5, 11, 21, 38, 61, 62, 69, 70,

83, 103, 115 5 updates made.

ADM 06/06/2018 OPR 4, 14, 15, 21, 22, 28, 30, 64,

6 updates made.

ADM 08/08/2018 DXOI 1 1 update made.

SUB 08/24/2018 OPR 17, 18 1 update made.

ADM 08/24/2018 OPR 88, 90 2 updates made.

ADM 11/28/2018 OPR 18, 41, 42 2 updates made.

SUB 11/28/2018 OPR 69, 113, 128, 129 2 updates made.

ADM 02/14/2019 OPR 1, 4, 19, 20, 32 4 updates made.

ADM 03/21/2019 OPR 18 thru 22, 35, 36, 136 3 updates made.

ADM 05/16/2019 OPR 57, 80 2 updates made.

SUB 07/15/2019 OPR 53 1 update made ADM 07/15/2019 OPR 62 1 update made SUB 09/06/2019 OPR 5, 13, 20, 21 5 updates made.

ADM 09/06/2019 OPR 53, 57 2 updates made ADM 12/18/2019 OPR 3, 31, 61, 76, 102, 115, 116 3 updates made SUB 12/18/2019 OPR 13, 14, 28, 34 1 update made

ADM 11/09/2021 OPR

14, 20, 32, 37, 38, 41, 42, 44, 51, 53, 63, 120

11 updates made

ADM 03/16/2023 OPR

1, 9 thru 20, 23 thru 26, 28, 31 thru 36, 38, 39, 41, 44, 46, 51, 59, 62, 65, 68, 74, 80 thru 84, 89, 90, 95, 99, 102, 129, 135, 136, Forms 134

43 updates made

CONF 03/16/2023 OPR 33 1 update made SUB 03/16/2023 OPR 36, 69, 103, 131 5 updates made

ADM 04/28/2023 DXCI 1

Italicized the word “personnel” to match standard format

ADM 04/28/2023 DXCI 1

Added “Glossary” to the Enclosures list

ADM 04/28/2023 DXCI 2

Updated table of contents

ADM 04/28/2023 DXCI 5, 6

Updated references

ADM 04/28/2023 DXCI 7

Updated referencing

Key:

Type of Change* Abbreviation

Reissuance

REI

Revision (three types)

- Administrative (ADM) ADM

- Conforming CONF

- Substantive SUB

Rescission RESC

ENCLOSURE 1

REFERENCES

a. Federal Acquisition Regulation (48 CFR, Chapter 1)

b. Defense Federal Acquisition Regulation Supplement (48 CFR, Chapter 2)

c. DoD 7000.14-R, “Department of Defense Financial Management Regulation,” current edition

d. DoD Directive (DoDD) 4400.01E, “Defense Production Act Programs,” 12 October

2001, Certified Current as of 14 September 2007, Incorporating Change 1, 31 August 2018

e. DoD Instruction (DoDI) 5000.02, “Operation of the Adaptive Acquisition Framework”, 23 January 2020, Change 1, 08 June 2022

f. DoD Manual (DoDM) 4400.1-M, “Department of Defense Priorities and Allocations Manual,” 21 February 2002, Incorporating Change 1, 31 August 2018

g. DoDM 5220.22-M, “National Industrial Security Program Operating Manual,” 28 February 2006, Incorporating Change 2, 18 May 2016, NISPOM Rule, 21 December

h. NGA Instruction (NGAI) 5200.4, “Operations Security,” 11 August 2016, Administrative Update, 10 February 2020

i. NGA Directive (NGAD) 3021, “Emergency Management (EM) Program,” 17 March 2015, Administrative Update, 28 October 2015

j. NGAI 5205.6, “Lifecycle Protection of Geospatial Information,” 16 October 2018

k. NGAD 4165, “Installation Management,” 13 May 2015, Administrative Update, 05 June 2015

l. NGAD 5505, “Suspension and Debarment of Contractors,” 6 April 2015, Administrative Update, 11 May 2015

m. NGA Manual (NGAM) 4160.1, “Accountability and Management of Property, Plant, Equipment, and Other Accountable Property,” 16 May 2017

n. NGAM 4160.2, “Acquisition, Management, and Use of Government Motor Vehicles

(GMVs),” 12 June 2015, Administrative Update, 23 November 2015

o. NGAM 4165.5, “Space Management,” 13 August 2015, Administrative Update, 23 November 2015

p. NGAI 5030.1, “Award Fee Evaluation,” 08 April 2022

q. NGAI 5020.1, “Acquisition Career Management,” 31 May 2018 3

r. , NGAI 5200.1, “Information Security,” 26 October 2020, Administrative Update 1, 19 August 2021

s. NGAI 5205.5 Volume 1, “Sensitive Compartmented Information Security

Administration: Information Security and Cybersecurity,” 07 November 2018, Administrative Update 1, 30 June 2021

t. NI 5500.11, “Maintaining the Highest Standards Ethical Conduct Program”, 01 October 2008, Administrative Update 2, 9 November 2015 NGAI 5500.11, “Standards of Conduct,” 25 January 2023

u. NGAI 5720.1, “Clearance for Public Release,” 12 May 2015

v. NGAI 5750.1, “Freedom of Information Act / Privacy Act Requests / Mandatory

Declassification Review Program,” 06 July 2018, Administrative Update 1, 02 December 2021

w. NGAI 7050.5, “Coordination of Remedies for Fraud and Corruption Related to Procurement Activities,” 05 August 2015

x. NGAI 7210.2, “Administrative Control of Appropriated Funds and Anti-deficiency Act (ADA) Violations,” 01 October 2014, Administrative Update, 11 April 2016

y. NGAI 8410.2, “Software Asset Management,” 02 June 2017, Administrative Update 4, 12 July 2019

z. Reserved

aa. NGAI 8400.4, “Implementation of Electronic and Information Technology

Accessibility/Section 508 Program,” 05 July 2017, Administrative Update 1, 24 January 2020

ab. NGA Memorandum for Record, “Delegation of Authorities,” 12 November 2015

ac. Intelligence Community Contracting Guide (ICCG), Version 1.0, 23 June 2017

ad. NGAI 2060.1, “Export Control Program,” 1 April 2022 20 April 2016

ae. NGAI 5115.1, “Accommodation Procurements,” 05 July 2016

af. NGAI 5210.8, “Physical Security Program,” 17 October 2019

ag. NGAI 7410.1, “Inspector General Operations,” 23 May 2021

ENCLOSURE 2

RESPONSIBILITIES

1. Director, NGA (D/NGA). Performs functions under the FAR or DFARS reserved to a DoD Head of Agency or Agency Head, except for such actions that by terms of statute, or any delegation, must be exercised within the Office of the Secretary of Defense in accordance with (IAW) Reference (b).

2. Deputy Director, NGA (DD/NGA).

a. Serves as Head of Agency for Acquisition (HoA) IAW Reference (ab).

b. Performs functions as required in paragraph 1 and 5 IAW Reference (ab).

3. Director, Office of Contract Services (D/OCS). Serves as the Senior Procurement Executive (SPE) and/or the Head of Contracting Activity (HCA) IAW References (a), (b), and (ab).

a. In the absence of the SPE, the Deputy Director, OCS (DD/OCS) is delegated responsibilities to serve as the Acting SPE.

b. The Director, Office of Contract Services (D/OCS) re-delegated HCA responsibilities to the OCS Group Chief, Information Technology and Mission Support (IT & MS) and the OCS Group Chief, Acquisition Management and Corporate Investment for all contract actions arising within their respective Groups. In the absence of both OCS Group Chiefs, the DD/OCS is re-delegated HCA authority for all contract actions.

c. Enters into and administers contracts either directly or through other federal agencies.

4. Component Acquisition Executive (CAE). Responsible for program management matters IAW References (e) and (ab).

TABLE OF CONTENTS

PART 5X01 FEDERAL ACQUISITION REGULATIONS SYSTEM

Subpart 5X01.1 - Purpose, Authority, Issuance

Subpart 5X01.3 - Agency Acquisition Regulations

Subpart 5X01.4 - Deviations from the FAR

Subpart 5X01.6 - Career Development, Contracting Authority, and Responsibilities 16

Subpart 5X201.6 - Career Development, Contracting Authority, and Responsibilities

Subpart 5X01.603 - Selection, Appointment and Termination of Appointment

Subpart 5X01.9-90 - Nonappropriated Funds

PART 5X02 DEFINITIONS OF WORDS AND TERMS

Subpart 5X02.1 - Definitions

PART 5X03 IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF

INTEREST

Subpart 5X03.1 - Safeguards

Subpart 5X03.2 - Contractor Gratuities to Government Personnel

Subpart 5X03.3 - Reports of Suspected Antitrust Violations

Subpart 5X03.4 - Contingent Fees

Subpart 5X03.5 - Other Improper Business Practices

Subpart 5X03.6 - Contracts with Government Employees or Organizations Owned or Controlled by Them

Subpart 5X03.7 - Voiding and Rescinding Contracts

Subpart 5X03.8 - Limitation on the Payment of Funds to Influence Federal Transactions

PART 5X04 ADMINISTRATIVE MATTERS

Subpart 5X04.2 - Contract Distribution

Subpart 5X04.4 - Safeguarding Classified Information within Industry

5X04.402-91 – Critical Program Information Protection

Subpart 5X04.6 - Contract Reporting

Subpart 5X04.8 - Government Contract Files

Subpart 5X204.70 – Reserved

Subpart 5X204.71 - Uniform Contract Line Item Numbering System

PART 5X05 PUBLICIZING CONTRACT ACTIONS

Subpart 5X05.1 - Dissemination of Information

Subpart 5X05.2 - Synopses of Proposed Contract Actions

Subpart 5X05.3 - Synopses of Contract Awards

Subpart 5X205.3 - Synopses of Contract Awards

PART 5X06 COMPETITION REQUIREMENTS

Subpart 5X06.3 - Other than Full and Open Competition

Subpart 5X06.5 - Competition Advocates

PART 5X07 ACQUISITION PLANNING

Subpart 5X07.1 - Acquisition Plans

PART 5X08 REQUIRED SOURCES OF SUPPLIES AND SERVICES

5X8.001 - General

Subpart 5X08.4 - Federal Supply Schedules (FSS)

5X08.405-6 Limited Sources

Subpart 5X08.8 - Acquisition of Printing and Related Supplies

PART 5X09 CONTRACTOR QUALIFICATIONS

Subpart 5X09.1 - Responsible Prospective Contractors

Subpart 5X09.4 - Debarment, Suspension, and Ineligibility

Subpart 5X09.5 - Organizational and Consultant Conflicts of Interest

PART 5X11 DESCRIBING AGENCY NEEDS

Subpart 5X11.5 - Liquidated Damages

Subpart 5X11.6 - Priorities and Allocations

PART 5X12 ACQUISITIONS OF COMMERCIAL ITEMS

Subpart 5X12.1 - Acquisitions of Commercial Items - General

Subpart 5X12.2 - Special Requirements for the Acquisition of Commercial Items

Subpart 5X12.3 - Solicitations Provisions and Contract Clauses for the Acquisition of Commercial Items

PART 5X13 SIMPLIFIED ACQUISITION PROCEDURES

Subpart 5X13.001 - Definitions

Subpart 5X13.1 - Procedures

Subpart 5X13.2 - Actions at or Below the Micro-Purchase Threshold

Subpart 5X13.3 - Simplified Acquisition Methods

Subpart 5X13.5 – Simplified Procedures for Certain Commercial Items

PART 5X14 SEALED BIDDING

Subpart 5X14.4 - Opening of Bids and Award of Contract

PART 5X15 CONTRACTING BY NEGOTIATION

Subpart 5X15.3 - Source Selection

Subpart 5X15.4 - Contract Pricing

Subpart 5X15.6 - Unsolicited Proposals

PART 5X16 TYPES OF CONTRACTS

Subpart 5X16.1 – Selecting Contract Types

5X16.102 Policies

Subpart 5X16.2 - Fixed-Price Contracts

Subpart 5X16.4 - Incentive Contracts

Subpart 5X16.5 - Indefinite-Delivery Contracts

5X216.504 Indefinite-quantity contracts

Subpart 5X16.6 - Time and Materials, Labor Hour, and Letter Contracts

PART 5X17 SPECIAL CONTRACTING METHODS

Subpart 5X17.2 - Options

Subpart 5X17.5 - Interagency Acquisitions under the Economy Act

Subpart 5X217.74 - Undefinitized Contract Actions (UCAs)

Subpart 5X217.78 - Reserved

PART 5X19 SMALL BUSINESS PROGRAMS

Subpart 5X19.2 - Policies

Subpart 5X19.7 - The Small Business Subcontracting Program

PART 5X22 APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS . 66

Subpart 5X22.1 - Basic Labor Policies

Subpart 5X22.4 - Labor Standards for Contracts Involving Construction

Subpart 5X22.8 - Equal Employment Opportunity

Subpart 5X22.10 - Service Contract Act of 1965, as Amended

Subpart 5X22.15 - Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor

PART 5X24 PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

Subpart 5X24.2 - Freedom of Information Act

PART 5X25 FOREIGN ACQUISITIONS

PART 5X26 OTHER SOCIOECONOMIC PROGRAMS

Subpart 5X26.1 - Indian Incentive Programs

PART 5X27 PATENTS, DATA AND COPYRIGHTS

Subpart 5X27.2 - Patents and Copyrights

Subpart 5X27.3 - Patent Rights under Government Contracts

Subpart 5X227.70 - Infringement Claims, Licenses, and Assignments

Subpart 5X227.71 - Rights in Technical Data

Subpart 5X227.72 - Rights in Computer Software and Computer Software Documentation

Subpart 5X27.90 - Unauthorized Use of NGA Name, Seal, and Initials

PART 5X28- Bonds and Insurance

Subpart 5X28.3 - Insurance

PART 5X31 CONTRACT COST PRINCIPLES AND PROCEDURES

Subpart 31.2 Contracts with Commercial Organizations

5X31.205 Selected Costs

5X31.205-6 Reserved

PART 5X32 CONTRACT FINANCING

Subpart 5X32.0 - Scope of Part

Subpart 5X32.2 - Commercial Item Purchase Financing

Subpart 5X32.4 - Advance Payments for Non-Commercial Items

Subpart 5X32.5 - Progress Payments Based on Costs

Subpart 5X232.6 - Contract Debts

Subpart 5X32.7 - Contract Funding

Subpart 5X32.9 - Prompt Payment

PART 5X33 PROTESTS, DISPUTES, AND APPEALS

Subpart 5X33.1 - Protests

Subpart 5X33.2 - Disputes and Appeals

PART 5X34 MAJOR SYSTEM ACQUISITIONS

Subpart 5X34.2 - Earned Value Management System

PART 5X35 RESEARCH AND DEVELOPMENT CONTRACTING

Subpart 5X35.003 - Policy

PART 5X36 CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

Subpart 5X36.2 - Special Aspects of Contracting for Construction

Subpart 5X36.6 - Architect-Engineer Services

PART 5X37 SERVICE CONTRACTING

Subpart 5X37.1 - Service Contracts General

Subpart 5X37.5 - Management Oversight of Service Contracts

PART 5X39 ACQUISITION OF INFORMATION TECHNOLOGY

Subpart 5X39.1 - General

Subpart 5X39.2 - Electronic and Information Technology

Subpart 5X239.70 - Exchange or Sale of Information Technology

Subpart 5X239.71 - Security and Privacy for Computer Systems

Subpart 5X239.73 - Requirements for Information Relating to Supply Chain Risk

PART 5X42 CONTRACT ADMINISTRATION AND AUDIT SERVICES

Subpart 5X42.2 - Contract Administration Services

Section 5X42.202-90 Assignment of property administration

Subpart 5X42.5 - Post-award Orientation

Subpart 5X42.7 - Indirect Cost Rates

Subpart 5X242.8 - Disallowance of Costs

Subpart 5X42.9 - Bankruptcy

Subpart 5X42.13 - Suspension of Work, Stop-Work Orders, and Government Delay of Work

Subpart 5X42.70 - Contractor Travel

PART 5X43 CONTRACT MODIFICATIONS

Subpart 5X43.1 – General

Subpart 5X43.2 - Change Orders

PART 5X45 GOVERNMENT PROPERTY

Subpart 5X45.1 – General

PART 5X46 QUALITY ASSURANCE

Subpart 5X46.1 - General

Subpart 5X46.7 - Warranties

PART 5X49 TERMINATION OF CONTRACTS

Subpart 5X49.1 - General Principles

Subpart 5X49.5 - Contract Termination Clauses

PART 5X50 EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT 94

Subpart 5X50.1 - Extraordinary Contractual Actions

Subpart 5X50.102 - Delegation of and Limitations on Exercise of Authority

Subpart 5X50.103 - Contract Adjustments

PART 5X51 USE OF GOVERNMENT SOURCES BY CONTRACTORS

PART 5X52 SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 5X52.1 - Instructions for Using Provisions and Clauses

Subpart 5X52.2 - Text of Provisions and Clauses

5X252.211-7003 Item Unique Identification and Valuation

5X52.45.102-9000 Management of NGA Government Property

PART 5X53 FORMS

Subpart 5X253.2 - Prescription of Forms

All forms and templates can be found on the OCS website

A. NGA Contracting Officer Warrant Nomination Form

B. 5X53.04.402-91: Contractor Personnel Security Clearance Decision Analysis ………………………………………………………………………………………..130

C. 5X253.204-70-90: DD Form 350, Individual Contract Action Report

D. 5X207.103(e): Streamlined Acquisition Plan (AP) (Summary Sheet and Checklist)

E. 5X07.105: Acquisition Plan Template

F. 5X52.219-9002: NGA Program Small Business Performance Slide

ENCLOSURE 3

PROCEDURES

PART 5X01 FEDERAL ACQUISITION REGULATIONS SYSTEM

Subpart 5X01.1 - Purpose, Authority, Issuance

5X201.170 Peer reviews

(b) Component peer reviews. For NGA procedures, see 5X01.601-92 -- Independent Contracting Officer Review (ICOR) Process.

Subpart 5X01.3 - Agency Acquisition Regulations

5X01.301 Policy

The NGA Acquisition Regulation Implementation (NARI) implements and supplements the FAR, DFARS, and other DoD guidance. In addition, the NARI provides references to advisory guidance contained in the Intelligence Community Contracting Guidance (ICCG) (Enclosure 1, reference ac) available on the OCS website under Policy Documents or on the ODNI Acquisition, Technology and Facilities Homepage under Procurement Resources. The ICCG is issued as guidance only and does not take precedence over FAR, DFARS, or NARI policies and procedures.

The NGA Senior Procurement Executive (SPE), provides policies, procedures, and tools to support the contracting processes. The Office of Contract Services, Policy and Acquisition Resources Division (OCSP) is responsible for coordinating and publishing changes to the NARI by issuance of a NARI Change Notice (NCN) or administrative changes summarized in periodic updates to the NARI approved by the NGA Senior Procurement Executive (SPE).

5X01.303 Publication and codification

To the greatest extent possible, all text in the NARI is numbered to implement the FAR or DFARS. The coverage uses the same numbers as the FAR or DFARS counterpart preceded by the prefix "5X." Subsection numbering of -90 or S-90 and greater is reserved for information pertaining to specific NGA guidance.

5X01.304-90 Agency control and compliance procedures

A. NGA personnel must use the NGA automated procurement system, PRISM, to prepare, manage, and administer all pre and post award contract-related documents. All contractual actions, except purchase card transactions below the micro-purchase threshold, must be entered into PRISM.

B. Requisitions routed and approved in GEO-F are considered "signed" and certified and no physical signature is necessary. Requisitions and supporting attachments from GEO-F should be uploaded to PRISM*. Contractual documents that must go to an external party, such as a contractor, require physical signatures. Requesting organizations must submit requisitions or military interdepartmental purchase requests (MIPRs) and associated documents through GEO-F. OCS will accept documents created external to GEO-F only by exception upon approval by the SPE. (*This function will be automated in the near future.)

5X01.304-91 Requesting changes to PRISM templates/clauses and provisions

A. When a Contracting Officer determines the requirement to use certain terminology on a recurring basis, the terminology is sent to Office of Contract Services, Policy and Acquisition Resources Division (OCSP) for review. OCSP coordinates the terminology with the Office of General Counsel (OGC), creates a NARI Change Notice (NCN) to incorporate into or change the NARI, gains approval from the NGA Senior Procurement Executive (SPE), and also incorporates the terminology as a template/clause or provision into PRISM.

B. After approval by the NGA SPE, OCSP approves modifications of PRISM standard language templates on a one-time basis, prior to inclusion in the solicitation or contract document. Language intended for one-time use is identified in the contract file. This provision applies only to PRISM language or templates.

5X201.304 Agency control and compliance procedures.

5X201.304 (4)-90 NGA Plan for Control of Clauses

A. In accordance with DFARS 201.304(4), the NGA Office of Contract Services, Policy and Acquisition Resources Division (NGA/OCSP) maintains an OUSD (A&S) Director of Defense Pricing and Contracting (DPC) approved plan for controlling the use of clauses other than those prescribed by FAR, DFARS, or NARI.

B. Review and Approval of Local Clauses. Clauses developed as a result of negotiations, or which fulfill a specific and unique requirement of the acquisition that do not constitute a deviation from FAR/DFARS/NARI, and do not require approval from DPC, are submitted before incorporation into the contract to NGA/OCSP for review by OGC and recommendation for approval by the NGA Senior Procurement Executive.

C. Proposed new repetitive use or “substantially the same as” local clauses shall be reviewed by NGA/OCSP prior to use. Review will determine essentiality and ensure that the new circumstances for use of the clauses are appropriate. These are clauses which are not deviations and do not require DPC approval. NGA/OCSP will seek advice from OGC for proposed clauses, and approval by the NGA Senior Procurement Executive.

D. Clause Numbering.

(1) All clauses included in agency supplements must adhere to the numbering and identification requirements of FAR Subpart 52.1, as supplemented by DFARS 252.1.

(2) One-time clauses do not have to be numbered, but must be identified in accordance with FAR 52.103 by title, date, and name of the office that developed them.

(3) All clauses included in solicitations, whether included in a supplement or not, must be identified as required by FAR 52.103.

Subpart 5X01.4 - Deviations from the FAR

5X01.403-90 Individual deviations

(1) The NGA SPE is the designated approval authority for individual or class deviations other than those stated in DFARS 201.402(1). All requests for deviations must be submitted in memorandum form for SPE approval.

Requiring organizations prepare and Contracting Officers process requests for individual deviations IAW DFARS 201.402. OGC reviews deviations and accompanying transmittal letters or e-mail submissions prior to submittal to the SPE. For deviations of categories listed in DFARS 201.402(1), prepare a transmittal letter for the signature of the SPE or e-mail the submission to the SPE.

5X01.404-90 Class deviations

Requiring organizations prepare, and Contracting Officers process, requests for class deviations IAW DFARS 201.402(2), including transmittal letters for SPE signature or by e-mailing the submissions to the SPE. OGC reviews deviations and accompanying transmittal letters or e-mail submissions prior to submittal to the SPE.

5X01.404-91 Deviations from the NARI

The requesting organizations prepare requests for individual or class deviations from the NARI. Requests are submitted for Contracting Officer review, if applicable, and SPE review and signature. OGC review is required prior to submittal to SPE.

Subpart 5X01.6 - Career Development, Contracting Authority, and Responsibilities

5X01.601 General

a. As delegated by D/NGA, D/OCS is delegated the authority to act as the Senior Procurement Executive (SPE) and/or Head of the Contracting Activity (HCA) for matters pertaining to contracting under the FAR and DFARS. D/OCS also has full authority to exercise all prescribed responsibilities now or hereafter vested in that office. In the absence of the D/OCS the Deputy Director, OCS (DD/OCS) is delegated responsibilities to serve as the Acting SPE for matters pertaining to acquisition under the FAR and DFARS. The SPE may delegate any delegable authorities to subordinate activities.

b. D/OCS re-delegated HCA responsibilities to the OCS Group Chief, Information Technology and Mission Support (IT & MS) and the OCS Group Chief, Acquisition Management and Corporate Investment for all contract actions arising within their respective Groups

c. The DD/OCS is re-delegated HCA authority in the absence of both OCS Group Chiefs.

5X01.601-90 Legal review

A. Contracting personnel may seek legal advice and assistance during any phase of the acquisition process. OCS reviews should be completed prior to the final legal review.

The Individual Contracting Officer Review (ICOR) column on the Contract Checklists must be completed by the contracting officer prior to sending to OGC for final legal review.

B. Contracting personnel shall obtain specific legal review prior to the issuance of:

(1) Debriefs. Prior to any debriefings to offerors following all source selections, consult with OGC to determine review requirements. For any Task Order award over $25M (or $10M on any non-DoD Government Wide Acquisition Contract), legal review is required.

(2) All new contract/order actions of $5M or more (total amount including all options and anticipated orders) and modifications (other than modifications covered in paragraphs 3, 4, or 5 below) to existing contracts of $5M or more.

(3) For multiple award Indefinite-Delivery contracts established IAW FAR Subpart 16.5, review of the first order, regardless of dollar value, thereafter:

a) orders of $10M or more from Civilian Agency Government-Wide Acquisition Contracts (GWACs)

b) orders of $10M or more from Federal Supply Schedules (FSS)

c) orders of $25M or more from DoD/NGA Indefinite-Delivery contracts established IAW FAR Subpart 16.5

(4) All new contract actions for commercial items (total amount including all options and anticipated orders), and modifications (other than modifications covered in paragraphs 3, 4, or 5 below) to existing contracts issued using FAR Part 12 procedures of $7M or more, except for:

a) $7M or more for commercial contracts using FAR Part 12 procedures in conjunction with FAR Subpart 13.5.

b) $10M or more for commercial contracts using FAR Part 12 procedures in conjunction with FAR Part 15.

(5) All contract actions, including modifications to existing contracts of $2M or more (total amount including all options and anticipated orders) that require a justification & approval (see FAR 6.304 or 13.501), a limited source justification (see FAR 8.405-6), or a justification for exception to fair opportunity (see FAR 16.505). Legal review must be completed prior to approval of these actions by the authority cited at NARI 5X06.304.

(6) All contract actions regardless of dollar value resulting from, or connected with, litigation and final contracting officer decisions, undefinitized contract actions (UCAs), undefinitized change orders (UCOs), equitable adjustments, settlements, novation and change-of-name agreements, intellectual property rights determinations, procurement integrity violations, mistakes in bids or proposals, late bid or proposal determinations, terminations, protests, appeals, and any deviation from acquisition regulations.

(7) Legal review is not required for the following: unilateral contract actions that merely increase the amount of funds obligated on incrementally funded contracts and orders, unilateral option exercises, or in-scope modifications where those modifications fit within the general work descriptions of the PWS/SOO/SOW and do not increase the contract value greater than 25%.

C. IAW NARI 5X04.803(a)(24), the contracting officer must document the file with the results of legal reviews conducted IAW paragraph A or B above, including explanation why a legal review was not accepted. Before a contracting officer may disregard an opinion rendered by legal counsel that a contract action will not comply with law and/or regulation, the contracting officer must obtain approval from the HCA.

5X01.601-91 Reserved

5X01.601-92 Independent Contracting Officer Review (ICOR) Process

This subpart sets forth the policy and procedures governing the responsibilities and certification requirements for the ICOR process. The ICOR must be performed by a Contracting Officer independent from the cognizant CO for the contract action. The ICOR will normally be performed by the OCS Division Chief or by a Contracting Officer within that same Division where the contract action to be reviewed is within their warrant authority. In the event that the ICOR cannot be performed within the same Division due to workload demands or the non-availability of qualified personnel, the cognizant OCS Division Chief and cognizant Contracting Officer may coordinate with another OCS Division to complete the ICOR.

This process applies to all contract actions executed within OCS.

A. Responsibilities.

1. ICOR reviews are required for:

(a) Solicitations. All solicitations with a dollar value of $700,000 or greater.

(b) Initial contract awards. All contract awards with a dollar value of $700,000 or greater. If the contract includes options, the dollar value is inclusive of values for the applicable option periods.

(c) Orders placed against non-DoD contracts. All orders (i.e., GSA Supply Schedules, NASA SEWP, etc.) with a dollar value of $700,000 or greater.

(d) Modifications. All modifications that result in a total contract dollar value of $700,000, or greater, inclusive of values for the applicable option periods. If the modification is being partially funded (i.e., the value of the modification is greater than the amount being obligated), the applicable dollar value is the increased value of the contract and not solely the value of the funding being obligated.

(e) Undefinitized contract actions.

(f) Task or Delivery Orders. All fixed price and cost reimbursement task or delivery orders with a dollar value of $700,000 or greater.

2. ICOR reviews are not required for:

(a) Modifications to add incremental funding (i.e., the addition of funds up to the approved contract value) or to de-obligate excess funding.

(b) Options exercised as provided for in basic contracts.

B. ICOR certification. OCS file documentation checklists have been updated to include an ICOR certification statement for both solicitations and contract awards. The cognizant CO and ICOR shall place a “checkmark” in each review line or mark as “N/A.” The cognizant CO and ICOR shall sign the certification statement contained at the end of the contract file index (see 5X04.803-90 Contract file indexes) documenting that the review has been completed. Contract file indexes are found on the NGANet OCS website and shall be retained with the official contract file.

5X01.601-93 Reserved

5X01.601-94 Acquisition management reviews (AMRs)

OCSP will conduct AMRs of NGA contracting activities approximately every two years or at more frequent intervals at SPE request. Reviews of specific processes or procurement actions may take place at any time. OCSP provides results to the SPE as directed.

Subpart 5X201.6 - Career Development, Contracting Authority, and Responsibilities

5X201.602-2 Responsibilities

5X201.602-2-90 Contracting Officer's Representative (COR)

A. Nomination, Training and Appointment. COR nomination, training requirements and appointment procedures are contained on the OCS website page under “Programs.”

Contracting Officers must appoint individuals performing COR duties. All appointed individuals performing COR duties must be included on the NGA consolidated COR list maintained by OCSP.

B. Termination.

(1) Contracting Officers may terminate an appointment for non-compliance with the requirements for yearly submission of OGE FORM 450, annual ethics training, DAU’s Combating Trafficking in Persons training, or the three-year COR training requirement.

(2) The Contracting Officer may unilaterally terminate a COR's appointment for cause under a specific contract at any time. The Contracting Officer coordinates with the COR's organization to resolve issues before unilaterally terminating a COR's appointment. Documentation of rationale and efforts to resolve the situation are filed with the termination.

(3) Program managers or organizational supervisors may request termination of a COR's appointment under a specific contract at any time by submitting the request to the Contracting Officer. The Contracting Officer makes the final decision to terminate the COR. If the Contracting Officer decides to terminate the COR, they shall coordinate with the OCSP COR Program who will annotate the date on the NGA consolidated COR list.

(4) When a COR leaves NGA, the program manager or organizational supervisor provides written notification to the Contracting Officer and the OCSP COR Program who will annotate the date on the NGA consolidated COR list.

(5) Replacement or termination of a COR appointment is accomplished by contract modification. The modification identifies the departing COR and the newly-appointed COR. The Contracting Officer must notify OCSP of COR replacements by providing a copy of the COR appointment letter. If the COR is terminated, a copy of the modification is provided to OCSP. OCSP revises the COR list accordingly.

(6) A COR appointment is terminated automatically for a specific contract upon completion of the contract or contract termination. The Contracting Officer must notify OCSP upon contract completion or termination.

C. Alternate CORs may be assigned for any contract action; however, they must meet all COR requirements.

5X201.602-2-91 COR local clause, appointment memorandum and delegated duties statement.

A. As required by DFARS PGI 201.602-2, a COR is required on all contracts and orders other than those that are firm-fixed price, for service contracts and orders regardless of contract type, and for firm-fixed-price contracts and orders as deemed appropriate by the CO. For all procurements contemplating appointment of a COR, the CO shall include the PRISM template 5X252.201.602-2-91 NGA: Contracting Officer's Representative (COR) (JAN 2004), in all required and appropriate contracts and solicitations.

B. When a COR is appointed, the CO must include a copy of the executed COR appointment memorandum, located on the NGANet OCS website (Tab C), in the Division’s Electronic Contract File (ECF) in accordance with NGA Standard Operating Procedure (SOP) for OCS ECF Implementation, dated 23 Apr 2020, which can be found on the OCS Website.

C. A copy of the COR appointment/delegation memorandum must be provided to the OCSP COR/COTR Program Support Office and the contractor IAW DFARS clause 252.201-7000--Contracting Officer's Representative.

5X201.602-2-92 Reserved

5X01.602-3-90 Procedures for ratification of unauthorized commitments

a. The OCS Division Chiefs may ratify actions for unauthorized commitments up to the limit of their warrants.

b. The review process for ratification of an unauthorized commitment is as follows:

1. The individual responsible for the unauthorized commitment prepares a statement of all pertinent facts of the transaction, attaching all relevant documents. The statement indicates if the goods or services have been accepted or explain how the Government derived benefit from the unauthorized commitment.

2. The individual responsible for the unauthorized commitment forwards the statement to their supervisor who adds to the file:

(a) A statement regarding disciplinary action taken or why none was considered necessary.

(b) Action taken to prevent recurrence of the unauthorized action.

(c) A recommendation stating whether the unauthorized action should be ratified (only if goods received or benefit derived).

(d) A properly funded purchase request if ratification is recommended. The funding document must contain a statement that funds were available at the time the unauthorized commitment was made.

3. The supervisor forwards the file for ratification through their supervisory chain to their Directorate Head or Agency Element Lead for approval. This approval authority may not be delegated.

4. The Directorate Head or Agency Element Lead either approves or disapproves the ratification action and returns the package to the supervisor. The supervisor sends the package to the relevant contracting office for assignment to a Contracting Officer.

5. The Contracting Officer:

(a) Reviews and determines the adequacy of all facts, records, and documents furnished.

(b) Prepares a determination using the template on the OCS webpage, stating whether or not the action should be ratified. Particular attention should be placed on whether the action might more appropriately be processed as a constructive change.

(c) Forwards the file, with legal concurrence, to the OCS Division Chief who is the ratifying official.

(d) Submits all information on ratifications in the unauthorized commitment log located on the OCSP page of the OCS Internal website. Contact the OCSP A&G Team email address for further assistance completing the log.

6. The ratifying official either approves the ratification or directs alternative action and returns the file to the contracting office for action.

c. An unauthorized commitment differs from an Antideficiency Act violation. An Antideficiency Act (ADA) violation occurs when appropriated funds are obligated or expended in excess of their availability, authorized in advance of fund availability, or when the purpose of the appropriation is violated. NGAI 7210.2 (Enclosure 1, reference

x) provides guidance for the processing of potential ADA violations.

Subpart 5X01.603 - Selection, Appointment and Termination of Appointment

5X01.603-90 NGA Contracting Officer Warrant Program

The SPE is the approval authority for appointing, suspending, and terminating warrants.

The OCS Standard Operating Procedure (SOP) titled “NGA Contracting Officer Warrant Program” found on the OCS website provides detailed procedures, roles and responsibilities for granting and managing warrants.

5X01.603-1 General

(a) The NGA Contracting Officer (CO) Warrant Program requires contracting personnel to complete mandatory Defense Acquisition Workforce Implementation Act (DAWIA) training and demonstrate overall contracting knowledge and business acumen to qualify for a standard CO warrant (Enclosure 1, reference q).

(b) All Warranted COs will have authority to obligate Non-Appropriated Funds Instrumentalities (NAFI).

(c) All Warranted COs will have authority to obligate funds for Grants and Agreements, including Agreements using Other Transaction Authority (OTA).

Individuals signing and/or administering Grants and Agreements (including OTA) are encouraged to complete the GRT 201 Grants and Agreements Management course, and CLC 035, Administration of Other Transactions course.

(d) Contract Specialists may self-nominate for a CO Warrant by preparing the nomination form and submitting to their Office of Contract Services (OCS) Division Chief for endorsement. If the OCS Division Chief endorses the nomination, it will be processed in accordance with the NGA Contracting Officer Warrant Program SOP. The NGA Contracting Officer Warrant Nomination Form is referenced in NARI Part 5X53 - Forms and is located on the OCS website.

5X01.603-2 Reserved

5X01.603-3 Appointment

(a) Exemption. The following transactions do not require delegation of a Contracting Officer Certificate of Appointment (SF 1402):

(1) Purchase Card transactions below the micro-purchase threshold (see

NGA Supplement to DoD Government Charge Card Guidebook, located at the OCS Homepage) are authorized via Appointment Memorandums to the Purchase Card Holder and Approving Official.

(b) Contracting Officer's Authority.

(1) Contracting Officers may sign contract awards (including orders issued against indefinite-delivery contracts (FAR 16.5)), which include the total value of the base period plus all option periods, up to the level of their warrant.

(2) Contracting Officers may sign contract modifications up to the level of their warrant regardless of the total value of the contract. Price adjustment amounts shall consider both increases and decreases such that the value of the modification is calculated by adding together the absolute value of the increases and decreases to both contract value and incremental funding. For additional information, refer to the Contracting Officer’s Warrant Desk Guide posted on the OCS website.

(c) Warrant Dollar Threshold Levels.

(1) The Division Chiefs are responsible for determining the dollar thresholds identified on the nomination form.

(2) The final warrant level will be determined by the Warrant Board.

DD/OCS, Group Chiefs, Division Chiefs, and Branch Chiefs (as needed for mission requirements) are required to obtain an unlimited warrant as a condition of their position. Exceptions are made for positions where the work performed does not require a warrant, such as personnel working in positions that are predominantly procurement analyst functions (i.e., Policy, GPC Program, COR Program, etc). Although not required for these positions, personnel performing in these roles are not prohibited from obtaining a warrant.

(3)

Warrant Levels

$0 - $SAT

$0 - $10M

$0 - $30M

Unlimited

5X01.603-4-90 Termination or Suspension of Appointments

(a) Appointments shall remain in effect as long as the appointee is assigned to the position stated on their SF 1402 (Certificate of Appointment) and is assigned to a position within OCS that requires CO appointment. Warrants may be terminated or suspended by the SPE at any time for reasons such as, but not limited to, the following:

(1) Appointee fails to comply with applicable statutes, Executive Orders, OMB Circulars, FAR, DFARS, NARI, and other internal policies;

(2) Appointee fails to satisfy Continuous Learning Points for DAWIA certification;

(3) Appointee violates the Code of Ethics;

(4) A valid organization need for the delegation of authority no longer exists;

(5) Appointee is reassigned to a new position within NGA where the need for a warrant no longer exists; or

(6) Appointee transfers to another agency, retires, resigns, or is terminated from Government employment.

(b) OCSP coordinates with the PRISM Team to remove the individual’s authorities from the PRISM system.

Subpart 5X01.9-90 - Nonappropriated Funds

Policy and procedures for nonappropriated funds contracts are contained in the OCS SOP and the DoD publications referenced therein.

PART 5X02 DEFINITIONS OF WORDS AND TERMS

Subpart 5X02.1 - Definitions

5X02.101 Definitions

The NGA General Counsel (GC) is the "debarring official" for NGA.

The NGA GC is the "suspending official" for NGA.

“Head of the Agency” (often called "Agency head") within NGA is a function delegated to the DD/NGA for acquisition-related matters under the FAR and DFARS, except for matters that by terms of statute, or any delegation, must be exercised personally by

D/NGA.

"Senior Procurement Executive" (SPE) within NGA is the D/OCS, except for such matters that by terms of statute, or any delegation, must be exercised personally by the Director of NGA (D/NGA).

“Head of the Contracting Activity (HCA)” within NGA is the D/OCS, with overall responsibility for managing the NGA contracting activity. D/OCS re-delegated HCA responsibilities to the OCS Group Chief, Information Technology and Mission Support (IT & MS) and the OCS Group Chief, Acquisition Management and Corporate Investment for all contract actions arising within their respective Groups. In addition, the Deputy Director, OCS (DD/OCS) is re-delegated HCA authority in the absence of both OCS Group Chiefs.

PART 5X03 IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF

INTEREST

Subpart 5X03.1 - Safeguards

5X03.101 Standards of conduct

5X03.101-3 Agency regulations

(a) NI 5500.11 prescribes NGA standards of conduct guidelines.

5X03.103 Independent pricing

5X03.103-2 Evaluating the certification

(b) Rejection of offers suspected of being collusive.

(S-90) Notice that a determination has been made by the Contracting Officer must be included in weekly reports.

(S-91) Coordination with OGC is required.

5X03.104 Procurement integrity

5X03.104-1-90 Definitions

The "Designated Agency Ethics Official" is the NGA General Counsel (GC).

5X03.104-4-90 Disclosure, protection, and marking of proprietary and source selection information

The Contracting Officer must coordinate with OGC any release of contractor bid, proposal information, or source selection information.

5X03.104-5 Disqualification

(b)(S-90) Personnel who must disqualify himself or herself pursuant to FAR 3.104- 3(c)(1)(ii) must promptly notify D/OCS of their disqualification from the procurement action. Submit this notice to the Contracting Officer, OGC, SSA (if applicable), and

D/OCS.

5X03.104-7 Violations or possible violations

5X03.104-7-90 Processing violations or possible violations

The ethics official is the NGA General Counsel (GC). All potential violations are submitted to OGC for review and opinion.

(a)(1) Contracting Officer notification to the HCA includes the allegations and the potential impact on procurement actions.

(d)(3) The NGA suspension and debarment official is the NGA General Counsel (GC).

Subpart 5X03.2 - Contractor Gratuities to Government Personnel

5X03.203 Reporting suspected violations of the Gratuities clause.

NGA personnel must report suspected violations to the Contracting Officer in the format given in DFARS 209.406-3. The Contracting Officer, in coordination with OGC, reviews the suspected violation and potential impacts on procurement, reviews the Government's findings, and recommends action to the HCA. The HCA provides the contractor suspected of violating the clause an opportunity to review the Government's findings and present additional facts prior to rendering a decision. The Contracting Officer, in coordination with OGC, may choose to amend the recommended action as a result of the contractor's presentation.

5X03.204 Treatment of violations

(c) OGC is designated the official to determine if a violation of the Gratuities clause has occurred. D/OCS reviews all determinations and approves recommended actions related to procurement matters.

Subpart 5X03.3 - Reports of Suspected Antitrust Violations

5X03.301 General

(b) OGC has overall responsibility for coordination of remedies for fraud and corruption related to procurement activities and for contractor debarment and suspension under FAR 9.4. Agency personnel must report all suspected antitrust violations impacting procurement to the SPE.

Subpart 5X03.4 - Contingent Fees

5X03.405 Misrepresentations or violations of the Covenant against Contingent Fees

(a) Government personnel who suspect or have evidence of attempted or actual exercise of improper influence, misrepresentation of a contingent fee arrangement, or other violation of the Covenant against Contingent Fees must report the matter to OGC.

A copy of the report is transmitted to the Contracting Officer.

(b) (S-90) The OCS Division Chief reviews all procurement-related remedies recommended by OGC with supporting rationale, in coordination with the SPE determines the appropriate action.

Subpart 5X03.5 - Other Improper Business Practices.

5X03.502 Subcontractor kickbacks

5X03.502-2-90 Reporting of subcontractor kickbacks

Agency personnel who suspect violations of the Anti-Kickback Act must report to OGC and the Office of the Inspector General (OIG) IAW DFARS 209.406-3. Agency procedures concerning the Anti-Kickback Act are contained in NGAI 7050.5 (Enclosure 1, reference w). Contracting Officers annotate suspected violations in the weekly activity report.

5X203.570 Prohibitions on persons convicted of fraud or other defense contract-related felonies

5X203.570-2 Prohibition period

(a) (S-90) The SPE has the authority to grant a waiver in the interest of national security. OCS personnel must coordinate all waiver requests with OGC.

Subpart 5X03.6 - Contracts with Government Employees or Organizations Owned or Controlled by Them

5X03.602-90 Exceptions

OGC reviews all requests for exceptions to the policy in FAR Subpart 3.601. The SPE is the approval authority.

Subpart 5X03.7 - Voiding and Rescinding Contracts

5X03.705 Procedures

(c) Decision-making process. Agency procedures governing the voiding and rescinding decision-making process are contained in NGAI 7050.5 (Enclosure 1, reference w).

Subpart 5X03.8 - Limitation on the Payment of Funds to Influence Federal Transactions

5X03.804 Policy

(b) The Contracting Officer must forward a copy of all contractor disclosures to Office of Corporate Relations (OCR), Congressional Affairs Division (OCRC), for submission to Congress.

5X03.806 Processing suspected violations

Personnel refer suspected violations of 31 U.S.C. 1352, “Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions” to OGC. The HCA receives notification from OGC.

PART 5X04 ADMINISTRATIVE MATTERS

Subpart 5X04.2 - Contract Distribution

5X04.202 Agency distribution requirements

5X04.202-90 Distribution list

All contract files must contain a distribution list that indicates the name and address of all entities sent copies of the contract and number of copies sent to each. Each addressee on the list is promptly sent a copy of each modification and order issued.

5X04.203 Taxpayer identification information

(b) If a contractual document is created using PRISM the taxpayer identification number appears as printed by the software.

Subpart 5X04.4 - Safeguarding Classified Information within Industry

5X04.402 General

5X04.402-90 Information and information systems security and technology control.

NGA contractors must comply with NGAI 5200.1.

5X04.402-91 – Critical Program Information Protection

A. Critical Program Information (CPI) is defined by DoDI 5200.39 as “Elements or components of a research, development, and acquisition (RDA) program that, if compromised, could cause significant degradation in mission effectiveness; shorten…