B-100400, JAN 5, 1951

B-100400: Jan 5, 1951

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PRECIS-UNAVAILABLE THE SECRETARY OF THE ARMY: REFERENCE IS MADE TO A LETTER DATED DECEMBER 28. THE SAID DETERMINATION SETS FORTH THAT IS NECESSARY IN THE PUBLIC INTEREST THAT PURCHASES AND CONTRACTS UNDER THE ARMED SERVICES PROCUREMENT ACT OF 1947. THE PROCUREMENT ASSISTANT SECRETARIES OF THE NAVY DEPARTMENT AND THE DEPARTMENT OF THE AIR FORCE HAVE MADE SIMILAR DETERMINATIONS. COPIES OF WHICH ARE ON FILE IN THIS OFFICE. IN VIEW OF THE FACT THAT CONTRACTS NEGOTIATED UNDER SUCH AUTHORITY WILL CONTAIN A STATEMENT THAT THEY HAVE BEEN NEGOTIATED UNDER SECTION 2(C)(1) OF THE SAID ACT. IT IS PROPOSED IN SAID LETTER NOT TO ATTACH A COPY OF THE APPLICABLE DETERMINATION TO EACH SUCH CONTRACT FORWARDED TO THIS OFFICE.

B-100400, JAN 5, 1951

PRECIS-UNAVAILABLE

THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO A LETTER DATED DECEMBER 28, 1950, FROM THE UNDER SECRETARY OF THE ARMY, FORWARDING A COPY OF A DETERMINATION MADE BY HIM IN THE LIGHT OF THE NATIONAL EMERGENCY PROCLAIMED BY THE PRESIDENT OF THE UNITED STATES ON DECEMBER 16, 1950.

THE SAID DETERMINATION SETS FORTH THAT IS NECESSARY IN THE PUBLIC INTEREST THAT PURCHASES AND CONTRACTS UNDER THE ARMED SERVICES PROCUREMENT ACT OF 1947, 62 STAT. 21, BE NEGOTIATED WITHOUT FORMAL ADVERTISING DURING THE PERIOD OF SUCH EMERGENCY, AND AUTHORIZES THE NEGOTIATION OF CONTRACTS UNDER SECTION 2(C)(1) OF SAID ACT. THE PROCUREMENT ASSISTANT SECRETARIES OF THE NAVY DEPARTMENT AND THE DEPARTMENT OF THE AIR FORCE HAVE MADE SIMILAR DETERMINATIONS, COPIES OF WHICH ARE ON FILE IN THIS OFFICE, AND IN VIEW OF THE FACT THAT CONTRACTS NEGOTIATED UNDER SUCH AUTHORITY WILL CONTAIN A STATEMENT THAT THEY HAVE BEEN NEGOTIATED UNDER SECTION 2(C)(1) OF THE SAID ACT, IT IS PROPOSED IN SAID LETTER NOT TO ATTACH A COPY OF THE APPLICABLE DETERMINATION TO EACH SUCH CONTRACT FORWARDED TO THIS OFFICE.

ALSO, IN CONNECTION WITH SUCH CONTRACTS, IT IS PROPOSED TO DISPENSE WITH STANDARD FORM NO. 1036-REVISED, WHICH IS NOW REQUIRED BY GENERAL ACCOUNTING OFFICE GENERAL REGULATION 51, SUPPLEMENT 12, DATED SEPTEMBER 18, 1950, FOR THE REASON THAT DURING THE PRESENT EMERGENCY, NEGOTIATED CONTRACTS WILL NORMALLY BE NEGOTIATED UNDER SECTION 2(C)(1) OF THE ARMED SERVICES PROCUREMENT ACT OF 1947, SUPRA.

IN VIEW OF THE EXISTING EMERGENCY AND CONSIDERING THE FOREGOING FACTS AND CIRCUMSTANCES IN THE LIGHT THEREOF, I CONCUR IN THE PROPOSALS SET FORTH IN THE LETTER OF DECEMBER 28, 1950. HOWEVER, WHERE ADVERTISING IS HAD IN THE PROCUREMENT OF SERVICES AND SUPPLIES, A PROPERLY EXECUTED STANDARD FORM NO. 1036 SHOULD BE ATTACHED TO THE CONTRACT WHEN FORWARDED TO THIS OFFICE FOR FILING. MAN OF THE FIRST THREE GRADES FOR ENLISTMENT OR REENLISTMENT IN THE DEPENDENTS AT GOVERNEMENT EXPENSE IS AUTHORIZED WHERE A PERMANENT ENTITLED, UNDER THE CIRCUMSTANCES HEREUN DESCRIBED, TO REIMBURSEMENT ENLISTED MAN DISCHARGED FROM THE NAVY WHO IS NOT REELISTED IN THE NAVY