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  • Question

    What instruction/reference exempts AAFES (Non Appropriated Agency) from mandatory CORT (monthly) reports?


    Answer

    Ok, you need to ask this question: “Is the contract the COR is assigned to (designated on) being funded with appropriated funds?
     
    If the answer is “Yes”, there is no exemption due solely because it is a requirement for AAFES.
     
    I am going to assume your answer is “No” because of what you included in your question.  These are the steps to take to answer your question:
     
    #1 See FAR 2.101, definition of a contract.  Notice the phrase “an expenditure of appropriated funds” embedded within the definition.  If NAF, then the FAR and DFARS and Agency Supplements will not apply.
     
    #2) Check the DPAP Frequently Asked Questions (FAQs) for CORT.  See page 3 “Policy”; this identifies the authoritative directives that mandate the use of CORT.  You’ll notice it is for contracts that are bound by the FAR/DFARS and Agency Supplements.
     
    and…
    #3) See DoDI 4105.67 Nonappropriated Fund (NAF) Procurement Policy and Procedure.  On page 2, see letter “i” this confirms the statement of FAR/DFARS not being applicable made in #1 above.  Take a look at enclosure 2, paragraph 5.  Note it does not mandate use of CORT for NAF contracts.
     
    Finally, check out this previous AAP question, it references additional NAF related guidance and regulations you may find extremely useful.

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