DEPARTMENT OF THE TREASURY 

WASHINGTON, D.C. 20220 

r------------, 

Acquisition Bulletin No, 19-01 

Deviation No. 2019-00001 

MEMORANDUM FOR BUREAU CHIEF PROCUREMENT OFFICERS 

FROM: SHANNA WEBBERS, Shanna R • Webbers "''""''"'"'b'""='w'""'" D3le:2018.10..291:2:52:30-04'00'

SENIOR PROCUREMENT EXECUTIVE, ACTING 

OFFICE OF THE PROCUREMENT EXECUTIVE 

SUBJECT: Class Deviation- The Federal Acquisition Regulation to remove the 

requirement that contracting officers make a best procurement approach 

determination to use an interagency acquisition. 

1. PURPOSE: The purpose of this acquisition bulletin (AB) is to issue a class deviation to the 

Federal Acquisition Regulation (FAR). This class deviation gives effect to section 875 of the 

John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. 

L. 115-232) which removes the statutory requirement for a best procurement approach 

determination when using an interagency acquisition (see FAR 17.502-l(a)). 

2. EFFECTIVE DATE: Upon issuance 

3. EXPIRATION DATE: This AB will expire upon the incorporation of this statutory change 

in the FAR or otherwise superseded or rescinded by the SPE. 

4. BACKGROUND: The NOAA for FY19 (Public Law 115-232) (see section 875) removes 

the best procurement approach determination requirement when using an interagency 

acquisition. FAR Case 2018-015 has been opened by the FAR Council to implement this 

statutory change in the FAR by removing FAR 17.502-l(a) and references to that provision. 

However, it takes time for the FAR to be amended. As a result, the Chair of the Civilian Agency 

Acquisition Council (CAAC) issued CAAC Letter 2018-04 on September 27, 2018 authorizing 

civilian agencies, which includes the U.S. Department of the Treasury (Treasury), to issue a 

deviation from the FAR in order to implement this statutory change prior to the FAR being 

amended 1

• The Senior Procurement Executive (SPE) has determined issuance of such a 

deviation will provide substantial administrative efficiencies for Treasury, specifically it will 

decrease the amount of documentation required when processing these types of acquisitions. 

Overall, this class deviation from the FAR is authorized in accordance with FAR 1.404 and 

Department of Treasmy Acquisition Regulation (OTAR) 1001.404. 

'This CAAC Letterconstittrtes consultation wilh the Chairofthe CAAC as required by FAR l.404(a)(l). 

Page I of2 
DEPARTMENT OF THE TREASURY 

WASHINGTON, D.C. 20220 

5. DESCIUPTION OF THE DEVIATION: Attachment A of this Acquisition Bulletin (AB) 

provides the FAR citations being amended to implement the statutory change described herein. 

The FAR baseline used for this class deviation is FAC Number 2005-101, effective 

October 26, 2018 which is available at https://www.acquisition.gov. 

6. REQUIRED BUREAU ACTIONS: Bureau Chief Procurement Officers shall take 

immediate steps to: 

a. Update related Bureau policies and procedures, and guidance impacted by this deviation; 

and 

b. Ensure dissemination of this AB to all acquisition personnel to ensure full awareness and 

compliance. 

7. ADDITIONAL INFORMATION: Questions regarding this AB can be directed to Mr. 

Thomas O'Linn, who may be reached at thomas.olinn@treasury.gov or 

0 fficeoftheProcurementExecut i ve@treasury.gov. 

8. ATTACHMENTS: 

a. Attachment A - Acquisition Bulletin No. 19-0 l - Class Deviation (Deviation No. 2019-

00001) 

Page 2 of2 
Attachment AAcquisition Bulletin No. 19-01 -

Class Deviation (Deviation No. 2019-00001) 

The below represents the FAR citations being amended by this AB. This AB authorizes a class 

deviation to implement the removal of the best procurement approach determination requirement 

to use an interagency acquisition prescribed by FAR 17.502-l(a) until such time the FAR is 

amended (see section 875 of the NOAA for FY 2019 (Pub. L. 115-232)). 

The FAR baseline used for this class deviation is FAC Number 2005-101, effective October 26, 

2018 (see https://www.acguisition.gov). Changes to the FAR text as authorized by this deviation 

are shown by strikethrnugh text (i.e. deletions) and by bracketed yellow highlighted text (i.e. 

additions). ***** are used to show there is no change in the FAR text proceeding or following as 

a result of this deviation. 

1. FAR 4.603 is amenclecl as follows: 

4.603 Policy. 

***** 

(c) Agencies awarding assisted acquisitions or direct acquisitions must report these 

actions and identify the Program/Funding Agency and Office Codes from the applicable 

agency codes maintained by each agency at FPDS. These codes represent the agency and 

office that has provided the predominant amount of funding for the contract action. For 

assisted acquisitions, the requesting agency will receive socioeconomic credit for meeting 

agency small business goals, where applicable. Requesting agencies shall provide the 

appropriate agency/bmeau component code as part of thewritten interagency agreement 

between the requesting and servicing agencies (see 17.502-1 f!BEB[(a)(l )]) . 

***** 

2. FAR 8.404 is amenclecl as follows: 

8.404 Use of Federal Supply Schedules. 

***** 

(b)(I) ***** 

(2) For orders over $550,000, see subpart 17.5 for additional requirements for 

interagency acquisitions. For eimmple, the requiring agency shall make a Eletermination that 

use of the Fe ElemI Supply 8oheElule---ts--the sest prnourement apprnaoh, in aooorElanee wiH I 

17.502 I(a). 

***** 

Page I of3 

Atlachment A - AB No. 19-0 I - Deviation No. 2019-0000 I 
3. FAR 17.502-1 is amended as follows: 

17.502-1 General. 

(a) DetenninatioH--Bf-best procurement approaeh. 

(1) Assisted acquisitions. Prior to requesting that another agency conduct an 

acquisition on its behalf, the requesting ageney shall make a determination that the use 

of an interngency acquisition represents the best procnremont approach. As part ofthe 

best procurement approach detenni1rntion, the requesting agency shall obtain the 

eoncurrence ofthe requesting agency's responsible oontraoting office in aeeordanoo 

with internal agency procedures. At a minimum, tl~e determination shall inOH1⁄4tle-ananalysis of proeurement approaches, including an evaluation by the requesting agency 

that using the acquisition services of another ageney------

(i) Satisfies the requesting agency's sehedule, performance, an<Hlelivmy 

requirements (taking into aooount factors suoh as the servicing agency's authority, 

e'l<pC1⁄2'IBHOe,--aHa-eKpertise as ·.veil as customer satisfaction with the servicing agency's 

~performance); 

(ii) Is cost effective (taking intG--aeeount tho reasonableness ofthe servicing 

agency's fees); and 

(iii) \Viii result in the use offonds in aecordanc-e---with appropriation 

limitations and compliance with the requesting ageney's laws and policies. 

(2) Direct acquisitions. Prior to placing an order against another agency's 

indefinite delivery vehicle, the requesting agency shall make a determination that use of 

another agency's oontrnet vehicle is the best procurement appreach and shall obtain thceonourrenoe ofthe requesting agency's responsible contracting office. At a minimum, 

the-4etennination shall include an analysis, in eluding factors such as: 

(i) The suitability ofthe contract vehicle; 

(ii) The value of using the contract vehic-le, including 

(A) The administrative east savings frmn using an eidsting contract; 

~Fices, greate1· number of vendor&,afld reasonable vehicle 

aeeess fees; and 

(iii) The ei..pei·tise ofthe requesting agency to place orders and administer 

them against the selected contract vehicle throughout the acquisition I ifeeyele. 

[(a)](e) Written agreement on responsibility for management and administration. 

***** 

[(b)](\lj Business-case analysis requirements for multi-agency contracts and govemmentwide 

acquisition contracts. ***** 

***** 

Page 2 of3 

Attachmenl A-AB No. 19-01 - Deviation No.2019-00001 
4. FAR35.017-3 is amended as follows: 

35.017-3 Using an FFRDC. 

(a) All work placed with the FFRDC must be within the purpose, mission, general scope of 

effort, or special competency of the FFRDC. 

(b) Where the use of the FFRDC by a nonsponsor is permitted by the sponsor, the sponsor 

shall be responsible for compliance with paragraph (a) of this subsection. 

(1) The ,ionsponsoring agency shall prepare a detennination in aeeordanee with 17.502 

l(a) and provide the documentation required by 17.503(e) to the sponsoring agency. 

(2) When a D&F is required pursuant to 17.502-2(c), the nonsponsoring agency tnayinoorporate the determination required by 17.502 I (a) into [shall prepare] the D&F and provide 

the documentation required by l 7.503(e) to the sponsoring agency. 

(3) When permitted by the sponsor, a Federal agency may contract directly with the 

FFRDC, in which case that Federal agency is responsible for compliance with part 6. 

Page3of3 

Attachment A - AB No. 19-0 I - Deviation No. 2019-0000 I