U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            FAR
                            Subpart 17.5 - Interagency Acquisitions
        
                  FAR
FAR
FAC Number: 2024-03 Effective Date: 02/23/2024
PartPart 1Part 2Part 3Part 4Part 5Part 6Part 7Part 8Part 9Part 10Part 11Part 12Part 13Part 14Part 15Part 16Part 17Part 18Part 19Part 20Part 21Part 22Part 23Part 24Part 25Part 26Part 27Part 28Part 29Part 30Part 31Part 32Part 33Part 34Part 35Part 36Part 37Part 38Part 39Part 40Part 41Part 42Part 43Part 44Part 45Part 46Part 47Part 48Part 49Part 50Part 51Part 52Part 53
Subpart17.017.117.217.417.517.617.7
Section17.50017.50117.50217.50317.504
Leave this field blank
        
                  

                                
                  
        « PreviousNext »
Subpart 17.5 - Interagency AcquisitionsSubpart 17.5 - Interagency Acquisitions    **Parent topic:**  Part 17 - Special Contracting Methods17.500 Scope of subpart.       (a) 						             This subpart prescribes policies and procedures applicable to all interagency acquisitions under any authority, except as provided for in paragraph (c) of this section. In addition to complying with the interagency acquisition policy and procedures in this subpart, nondefense agencies acquiring supplies and services on behalf of the Department of Defense shall also comply with the policy and procedures at  subpart  17.7.                                          (b) 						             This subpart applies to interagency acquisitions, see  2.101 for definition, when-                                                         (1) 								                 An agency needing supplies or services obtains them using another agency’s contract; or                                                            (2) 								                 An agency uses another agency to provide acquisition assistance, such as awarding and administering a contract, a task order, or delivery order.                                                                             (c) 						             This subpart does not apply to-                                                         (1) 								                 Interagency reimbursable work performed by Federal employees (other than acquisition assistance), or interagency activities where contracting is incidental to the purpose of the transaction; or                                                            (2) 								                 Orders of  									$600,000 								 or less issued against Federal Supply Schedules.17.501 General.       (a) 						            Interagency acquisitions are commonly conducted through indefinite-delivery contracts, such as task- and delivery-order contracts. The indefinite-delivery contracts used most frequently to support interagency acquisitions are Federal Supply Schedules (FSS), Governmentwide acquisition contracts (GWACs), and multi-agency contracts (MACs).                                          (b) 						            An agency shall not use an interagency acquisition to circumvent conditions and limitations imposed on the use of funds.                                          (c) 						            An interagency acquisition is not exempt from the requirements of subpart  7.3, Contractor Versus Government Performance.                                          (d) 						            An agency shall not use an interagency acquisition to make acquisitions conflicting with any other agency’s authority or responsibility (for example, that of the Administrator of General Services under   title 40, United States Code, "Public Buildings, Property and Works" and   41 U.S.C. division C of subtitle I, Procurement.)17.502 Procedures.    17.502-1 General.       (a)  *Written agreement on responsibility for management and administration—.*                                                         (1)                         *Assisted acquisitions*.                                                                           (i) Prior to the                               issuance of a solicitation, the servicing agency and the requesting                               agency shall both sign a written interagency agreement that                               establishes the general terms and conditions governing the                               relationship between the parties, including roles and responsibilities                               for acquisition planning, contract execution, and administration and                               management of the contract(s) or order(s). The requesting agency shall                               provide to the servicing agency any unique terms, conditions, and                               applicable agency-specific statutes, regulations, directives, and                               other applicable requirements for incorporation into the order or                               contract. In the event there are no agency unique requirements beyond                               the FAR, the requesting agency shall so inform the servicing agency                               contracting officer in writing. For acquisitions on behalf of the                               Department of Defense, also see  subpart  17.7. For patent rights, see  27.304-2.                               In preparing interagency agreements to support assisted acquisitions,                               agencies should review the Office of Federal Procurement Policy (OFPP)                               guidance, Interagency Acquisitions, available at                                    https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/assets/OMB/procurement/interagency_acq/iac_revised.pdf                                                                 .                                                                              (ii) Each agency’s file shall include the interagency agreement between the requesting and servicing agency, and shall include sufficient documentation to ensure an adequate audit consistent with  4.801(b).                                                                                                           (2)                         *Direct acquisitions*. The requesting agency administers the order; therefore, no written agreement with the servicing agency is required.                                                                             (b)                   *Business-case analysis requirements for                      multi-agency contracts and governmentwide acquisition contracts*. In order                   to establish a multi-agency or governmentwide acquisition contract, a                   business-case analysis must be prepared by the servicing agency and approved in                   accordance with the OFPP business case guidance, available at                        https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/procurement/memo/development-review-and-approval-of-business-cases-for-certain-interagency-and-agency-specific-acquisitions-memo.pdf                                         .                   The business-case analysis shall—                                                         (1) Consider strategies for the effective participation of small businesses during acquisition planning (see  7.103(u));                                                            (2) Detail the administration of such contract, including an analysis of all direct and indirect costs to the Government of awarding and administering such contract;                                                            (3) Describe the impact such contract will have on the ability of the Government to leverage its purchasing power, *e.g.*, will it have a negative effect because it dilutes other existing contracts;                                                            (4) Include an analysis concluding that there is a need for establishing the multi-agency contract; and                                                            (5) Document roles and responsibilities in the administration of the contract.17.502-2 The Economy Act.       (a) 						            The Economy Act (  31 U.S.C.1535) authorizes agencies to enter into agreements to obtain supplies or services from another agency. The FAR applies when one agency uses another agency’s contract to obtain supplies or services. If the interagency business transaction does not result in a contract or an order, then the FAR does not apply. The Economy Act also provides authority for placement of orders between major organizational units within an agency; procedures for such intra-agency transactions are addressed in agency regulations.                                          (b) 						            The Economy Act applies when more specific statutory authority does not exist. Examples of more specific authority are   40 U.S.C. 501 for the Federal Supply Schedules (subpart  8.4), and 40 U.S.C. 11302(e) for Governmentwide acquisition contracts (GWACs).                                          (c) 						            Requirements for determinations and findings.                                                         (1) 								                Each Economy Act order to obtain supplies or services by interagency acquisition shall be supported by a determination and findings (D&F). The D&F shall-                                                                           (i) 										                    State that use of an interagency acquisition is in the best interest of the Government;                                                                              (ii) 										                    State that the supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source; and                                                                              (iii) 										                    Include a statement that at least one of the following circumstances applies:                                                                                             (A) 												                        The acquisition will appropriately be made under an existing contract of the servicing agency, entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies or services.                                                                                                (B) 												                        The servicing agency has the capability or expertise to enter into a contract for such supplies or services that is not available within the requesting agency.                                                                                                (C) 												                        The servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies.                                                                                                                                                                      (2) 								                The D&F shall be approved by a contracting officer of the requesting agency with authority to contract for the supplies or services to be ordered, or by another official designated by the agency head, except that, if the servicing agency is not covered by the FAR, approval of the D&F may not be delegated below the senior procurement executive of the requesting agency.                                                            (3) 								                The requesting agency shall furnish a copy of the D&F to the servicing agency with the request for order.                                                                             (d) 						            Payment.                                                         (1) 								                The servicing agency may ask the requesting agency, in writing, for advance payment for all or part of the estimated cost of furnishing the supplies or services. Adjustment on the basis of actual costs shall be made as agreed to by the agencies.                                                            (2) 								                If approved by the servicing agency, payment for actual costs may be made by the requesting agency after the supplies or services have been furnished.                                                            (3) 								                Bills rendered or requests for advance payment shall not be subject to audit or certification in advance of payment.                                                            (4) 								                In no event shall the servicing agency require, or the requesting agency pay, any fee or charge in excess of the actual cost (or estimated cost if the actual cost is not known) of entering into and administering the contract or other agreement under which the order is filled.17.503 Ordering procedures.       (a) 						            Before placing an order for supplies or services with another Government agency, the requesting agency shall follow the procedures in  17.502-1 and, if under the Economy Act, also  17.502-2.                                          (b) 						            The order may be placed on any form or document that is acceptable to both agencies. The order should include-                                                         (1) 								                A description of the supplies or services required;                                                            (2) 								                Delivery requirements;                                                            (3) 								                A funds citation;                                                            (4) 								                A payment provision (see  17.502-2(d) for Economy Act orders); and                                                            (5) 								                Acquisition	authority as may be appropriate (see  17.503(d)).                                                                             (c) 						            The requesting and servicing agencies should agree to procedures for the resolution of disagreements that may arise under interagency acquisitions, including, in appropriate circumstances, the use of a third-party forum. If a third party is proposed, consent of the third party should be obtained in writing.                                          (d) 						            When an interagency acquisition requires the servicing agency to award a contract, the following procedures also apply:                                                         (1) 								                If a justification and approval or a D&F (other than the requesting agency’s D&F required in  17.502-2(c)) is required by law or regulation, the servicing agency shall execute and issue the justification and approval or D&F. The requesting agency shall furnish the servicing agency any information needed to make the justification and approval or D&F.                                                            (2) 								                The requesting agency shall also be responsible for furnishing other assistance that may be necessary, such as providing information or special contract terms needed to comply with any condition or limitation applicable to the funds of the requesting agency.                                                            (3) 								                The servicing agency is responsible for compliance with all other legal or regulatory requirements applicable to the contract, including-                                                                           (i) 										                    Having adequate statutory authority for the contractual action; and                                                                              (ii) 										                    Complying fully with the competition requirements of  part  6 (see  6.002). However, if the servicing agency is not subject to the Federal Acquisition Regulation, the requesting agency shall verify that contracts utilized to meet its requirements contain provisions protecting the Government from inappropriate charges (for example, provisions mandated for FAR agencies by part  31), and that adequate contract administration will be provided.                                                                                                                            (e) 						            Nonsponsoring Federal agencies may use a Federally Funded Research and Development Center (FFRDC) only if the terms of the FFRDC’s sponsoring agreement permit work from other than a sponsoring agency. Work placed with the FFRDC is subject to the acceptance by the sponsor and must fall within the purpose, mission, general scope of effort, or special competency of the FFRDC. (See  35.017; see also  6.302 for procedures to follow where using other than full and open competition.) The nonsponsoring agency shall provide to the sponsoring agency necessary documentation that the requested work would not place the FFRDC in direct competition with domestic private industry.17.504 Reporting requirements.       (a) 						            The senior procurement executive for each executive agency shall submit to the Director of OMB an annual report on interagency acquisitions, as directed by OMB.                                          (b) 						            The contracting officer for the servicing agency shall ensure that service contractor reporting requirements are met in accordance with  subpart  4.17, Service Contracts Inventory.
« PreviousNext »
FavoriteX

      Far Parts
            Regulations FAR Menu
  

        
      Index
                              List of Sections Affected
                              DOD Deviations
                              CAAC Deviations
                              1
                              2
                              3
                              4
                              5
                              6
                              7
                              8
                              9
                              10
                              11
                              12
                              13
                              14
                              15
                              16
                              17
                              18
                              19
                              20
                              21
                              22
                              23
                              24
                              25
                              26
                              27
                              28
                              29
                              30
                              31
                              32
                              33
                              34
                              35
                              36
                              37
                              38
                              39
                              40
                              41
                              42
                              43
                              44
                              45
                              46
                              47
                              48
                              49
                              50
                              51
                              52
                              53
                              Chapter 99 (CAS)Definitions
    Toggle
FAC Changes
    Toggle
Style Formatter
    Toggle

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt