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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: October 28, 2004

SUBJECT: Navy Marine Corps Acquisition Regulation Supplement (NMCARS) Change 03-3, Consolidation of Contract Requirements

SOURCE: Office of the Navy Assistant Secretary for Research, Development and Acquisition Memorandum, October 13, 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 of the approval authority for consolidated contracts between $5,000,000 and $50,000,000.

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: October 13, 2004.

SUPPLEMENTAL INFORMATION: On September 17, 2004, DFARS 207.170, Consolidation of Contract Requirements, was added to implement Section 801 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136), which places restrictions on the consolidation of two or more requirements of a DOD department, agency, or activity into a single contract with a total value exceeding $5,000,000 "unless the acquisition strategy includes (1) the results of market research; (2) identification of any alternative contracting approaches that would involve a lesser degree of consolidation; and (3) a determination by the senior procurement executive that the consolidation is necessary and justified." (EDITOR'S NOTE: For more on the DFARS change, see the September 17, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Consolidation of Contract Requirements.")

This change adds NMCARS Subpart 5207.1, Acquisition Plans, which consists of NMCARS 5207.170, Consolidation of Contract Requirements, and its subsection NMCARS 5207.170-3, Policy and Procedures. NMCARS 5207.170-3 states:

"(a)(3) Approval authority for the determination that use of a consolidated contract is necessary and justified is delegated to --
"(i) DASN(ACQ) [Deputy Assistant Secretary of the Navy for Acquisition] for actions at or above $50,000,000,

"(ii) the HCA [head of the contracting activity] for actions below $50,000,000. HCA authority may be delegated only to the Deputy/Assistant Commander for Cotnracts, a Flag or General Officer or SES [Senior Executive Service] who is a member of the Acquisition Professional Community, or, for commands/locations without a local SES/Flag/General Officer, to the Commanding Officer, but not further."

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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