DATE: January 15, 2002

SUBJECT: Department of Defense; Class Deviation -- Extension of Authority to Use Federal Acquisition Regulation (FAR) Subpart 13.5, Test Program for Certain Commercial Items

SOURCE: Department of Defense Memorandum, dated January 11, 2002

AGENCIES: Department of Defense (DOD)

ACTION: Federal Acquisition Regulation (FAR) Deviation

SUMMARY: On January 11, 2002, Director of Defense Procurement Deidre Lee issued a memorandum to the directors of defense agencies, the services' deputies for acquisition, and the executive director for procurement management for the Defense Logistics Agency (DLA) authorizing contracting officers to issue solicitations in accordance with the authority provided in FAR Subpart 13.5 to acquire commercial items under $5,000,000 until January 1, 2003.

EFFECTIVE DATE: This deviation is effective through January 1, 2003, or until paragraph (d) of FAR 13.500, General, is amended, whichever occurs first.

FOR MORE INFORMATION CONTACT: Office of the Director of Defense Procurement, 3000 Defense Pentagon, Washington, DC 20301-3000. Refer to DAR Tracking Number 2002-O0001 when referring to this FAR deviation.

SUPPLEMENTAL INFORMATION: Public Law 107-107, the National Defense Authorization Act for Fiscal Year 2002, includes Section 823, One-Year Extension of Program Applying Simplified Procedures to Certain Commercial Items, which extends from January 1, 2002, to January 1, 2003, the authority in FAR Subpart 13.5 for contracting officers governmentwide to use FAR Part 13 simplified acquisition procedures when acquiring commercial items up to $5,000,000. Since the FAR has not been revised to reflect the new January 1, 2003, expiration date, the Director of Defense Procurement decided to issue a FAR deviation authorizing DOD contracting officers to use the procedures authorized in FAR Subpart 13.5 until January 1, 2003.

For more on the acquisition-related provisions of Public Law 107-107, see the January 2, 2002, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2002."

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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