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Procurement Information Circular


April 16, 2003

TEMPORARY EMERGENCY PROCUREMENT AUTHORITY

 

PURPOSE:  To provide guidance on additional procurement flexibilities available for acquisitions that facilitate defense against terrorism.

 

BACKGROUND:  The FAR and NFS already provide flexibility for rapid response to urgent requirements.  The Homeland Security Act (HSA) of 2002, Pub.L. 107-296, provides executive agencies with certain additional temporary flexibilities for procurements that facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack.   Similar authorities were provided under the Fiscal Year 2002 National Defense Authorization Act, Pub.L. 107-107, for acquisitions by or for the Department of Defense for defense against terrorism or biological or chemical attack against the United States.  These additional flexibilities increase certain thresholds and permit the use of simplified acquisition procedures under certain circumstances.  Federal Acquisition Circulars 2001-09 and 2001-12 have incorporated these additional flexibilities into the FAR. 

 

Use of these additional flexibilities is authorized for any procurement of property or services that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack, but only within discrete timeframes.  The authority to make this determination is delegated to the Procurement Officer.

 

The enclosed matrix is an abbreviated summary provided as a reference tool.  Refer to the FAR for specific details regarding these additional authorities.

 

GUIDANCE:  Take advantage of existing flexibilities for emergency situations.  The guidance on Contingency Contracting in the NASA Procurement Library provides an overview of existing flexibilities.

 

All acquisitions using the additional temporary flexibilities contained in the Homeland Security Act and the Fiscal 2002 National Defense Authorization Act must be directly related to facilitating defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack.

 

The Homeland Security Act requires the Comptroller General to report on the use of this emergency  procurement authority in 2004.  Therefore, each Center must maintain a listing of purchases made under this authority in order to comply with any potential call for information from the General Accounting Office.

 

The use of these additional authorities does not automatically raise warrant authorities or purchase card authorities.  Changes to warrant or purchase card authorities to support purchases facilitating defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack must be approved by the Procurement Officer.  Purchase card authority must comply with the limitations of FAR 13.3 and NFS 1813.3.

 

EFFECTIVE DATE:  This PIC is effective as dated and shall remain in effect until canceled or superseded.

 

HEADQUARTERS CONTACT:  Celeste Dalton, Code HK, (202) 358-1645, email: Celeste.M.Dalton@nasa.gov.

 

 

Tom Luedtke

Assistant Administrator for Procurement

 

Enclosure

 

 

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