Department of the
Interior (DOI)
Class Determination and
Findings for
Inter-Intra Agency
Acquisitions Subject to the Economy Act
When the Servicing
Agency is Not Covered by the FAR and Will
Provide Services or
Goods Directly to the DOI Requesting Agency
Findings: Federal Acquisition
Regulation (FAR) section 17.503 (c) requires the signature of the agency head,
not delegable below the senior procurement executive, on a determination and
findings when the servicing agency is not subject to the FAR. FAR Part 17.5 is
based upon 31 U.S.C.1535 which is silent to this specific requirement. It is the understanding of the
procurement community that this is directed at instances where the FAR exempt
agency would be requested to exercise its acquisition authority on behalf of the
requesting agency, effectively circumventing the Competition in Contracting Act
and other FAR requirements. The
agency head signature assures that the potentially negative connotation of such
transactions has been weighed in advance of committing the agency to such a
course of action.
On the other hand, there
are cases where the servicing agency, exempt from the FAR, directly provides the
goods and services needed by the DOI requesting agency. In such cases, there is not the
inherently potential negative connotation of by-passing the FAR's requirements as the servicing agency is not conducting
a procurement on behalf of the requesting agency.
This Class Economy Act
Determination is provided to comply with FAR Part 17.503(
c) requirements in transactions where the servicing agency is performing
the requested service or providing the requested product with its own resources
and is not contracting on behalf of the DOI requesting
agency.
Determination: By my signature below,
a class of Inter-Intra Agency acquisitions subject to the Economy Act is
approved in accordance with FAR 17 .503( c) where the following conditions
apply:
For any inter-intra
agency acquisition subject to the Economy Act made by any Department of
the
Interior contracting activity where the servicing agency is, a) exempt from the
FAR; b) shall perform the requested service or provide the requested product
with its own resources; and c) is not contracting on behalf of the DOI
requesting agency, the Contracting Officer shall:
(a) Prepare and have
executed a Determination and Finding (D&F) pursuant to FAR 17.5. The D&F
shall find that-
(1) Use of an
interagency acquisition is in the best interest of the Government; and
(2) The supplies or
services cannot be obtained as conveniently or economically by contracting
directly with a private source.
(3) The Servicing Agency
is not subject to the FAR.
(4) The Servicing Agency
will provide the necessary goods or services with its own resources.
(5) The Servicing Agency
will not contract on behalf of the requesting agency in performance of the
Inter/Intra Agency Acquisition.
(6) Include a reference
to this class detern1ination and findings by title and date to demonstrate the
approval of the agency senior procurement executive required by FAR 17.503 (c).
(b) The D&F shall be
approved and signed in accordance with bureau procedures, but in no event shall
such approval and signature be obtained at a level below that of the Chief of
the Contracting Office (CCO) in the requesting agency.
Duration: This class
determination and findings is effective, as may be amended, through September
30, 2006, or until such time as it may be rescinded prior to that date.
Debra E. Sonderman
Senior Procurement
Executive
United States Department
of the Interior