DATE: June 17, 2004

SUBJECT: Navy Marine Corps Acquisition Regulation Supplement (NMCARS) Change 03-2, Delegation of Special Emergency Procurement Authority

SOURCE: Office of the Navy Assistant Secretary for Research, Development and Acquisition Memorandum, June 1, 2004

AGENCIES: Department of the Navy (DON) and Marine Corps

ACTION: Delegation of Authority

SUMMARY: The NMCARS is being amended to reflect the delegation to the heads of the contracting activities the special emergency procurement authority to procure property or services that are to be used in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States.

EDITOR'S NOTE: The NMCARS is Chapter 52 of Title 48 of the Code of Federal Regulations. It is available on the Internet at http://www.abm.rda.hq.navy.mil/navyaos/content/download/2935/14026/file/NMCARS 03-2 June 1 2004.doc. The Navy Marine Corps Acquisition Guide (NMCAG) is available on the Internet at http://www.abm.rda.hq.navy.mil/navyaos/content/download/2936/14031/file/NMCAG 03-2 June 1 2004.doc.

EFFECTIVE DATE: November 25, 2003.

SUPPLEMENTAL INFORMATION: Federal Acquisition Circular (FAC) 2001-20 amended the Federal Acquisition Regulation (FAR) to implement the special emergency procurement authorities of Section 1443 of Public Law 108-136, the National Defense Authorization Act for Fiscal Year 2004 (see the November 25, 2003, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2004," and the February 23, 2004, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 2001-20, Special Emergency Procurement Authority"). Public Law 108-136, as implemented by FAC 2001-20, required that the head of the agency make certain determinations before exercising the special authorities.

On June 1, 2004, the Chief of Staff/Policy for the Deputy Assistant Secretary of the Navy (Acquisition) issued a memorandum to Navy and Marine Corps acquisition personnel notifying them that the NMCARS was being revised to delegate to the heads of the contracting activities the authority to make these determinations.

The following are added to the NMCARS:

In addition, the NMCAG, which primarily addresses administrative matters, is amended to add NMCAG Subpart G5222.10, Service Contract Act of 1965, as Amended, consisting of NMCAG G5222.1006, Contract Clauses, which references the "Desk Guide for Service Contract Price Adjustments."

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

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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