DATE: December 21, 2004

SUBJECT: Navy Marine Corps Acquisition Regulation Supplement (NMCARS) Change 03-4, Excluding Sources from Competition

SOURCE: Office of the Navy Assistant Secretary for Research, Development and Acquisition Memorandum, December 20, 2004

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

ACTION: Change in Threshold

SYNOPSIS: NMCARS 5206.202, Establishing or Maintaining Alternative Sources, is being amended to increase the threshold for Navy and Marine Corps Senior Procurement Executives' (SPE) approval to exclude sources from competition from $50,000,000 to $75,000,000.

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.

EFFECTIVE DATE: December 20, 2004.

SUPPLEMENTAL INFORMATION: Paragraph (b)(1) of Federal Acquisition Regulation (FAR) 6.202, Establishing or Maintaining Alternative Sources, requires the head of the agency or designee to prepare a determination and findings (D&F) (see FAR Subpart 1.7, Determinations and Findings) supporting the decision to "exclude a particular source from a contract action in order to establish and maintain an alternative source or sources for the supplies or services being acquired..." The Navy had delegated this authority to the SPE, and further delegated this authority for contracts not exceeding $50,000,000 to the head of the contracting activity (HCA).

This change amends NMCARS 5206.202(b)(1) to increase the threshold for the SPE D&F from $50,000,000 to $75,000,000. The $75,000,000 matches the threshold established for the Department of Defense on November 24, 2004, by the Director, Defense Procurement and Acquisition Policy.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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