Federal Acquisition Regulation; Preventing Abuse of Interagency Contracts, 77733-77737 [2010-30561]
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personnel will be spent on the prime
contractor’s employees or on a combination
of the prime contractor’s employees and
employees of HUBZone small business
concern subcontractors;
(iii) No more than 50 percent of the cost
of contract performance to be incurred for
personnel will be subcontracted to concerns
that are not HUBZone small business
concerns; or
(4) Construction by special trade
contractors. (i) At least 25 percent of the cost
of contract performance to be incurred for
personnel will be spent on the prime
contractor’s employees;
(ii) At least 50 percent of the cost of the
contract performance to be incurred for
personnel will be spent on the prime
contractor’s employees or on a combination
of the prime contractor’s employees and
employees of HUBZone small business
concern subcontractors;
(iii) No more than 50 percent of the cost
of contract performance to be incurred for
personnel will be subcontracted to concerns
that are not HUBZone small business
concerns.
(e) A HUBZone joint venture agrees that
the aggregate of the HUBZone small business
concerns to the joint venture, not each
concern separately, will perform the
applicable percentage of work requirements.
(f)(1) When the total value of the contract
exceeds $25,000, a HUBZone small business
concern nonmanufacturer agrees to furnish in
performing this contract only end items
manufactured or produced by HUBZone
small business concern manufacturers.
(2) When the total value of the contract is
equal to or less than $25,000, a HUBZone
small business concern nonmanufacturer
may provide end items manufactured by
other than a HUBZone small business
concern manufacturer provided the end
items are produced or manufactured in the
United States.
(3) Paragraphs (f)(1) and (f)(2) of this
section do not apply in connection with
construction or service contracts.
(g) Notice. The HUBZone small business
offeror acknowledges that a prospective
HUBZone awardee must be a HUBZone small
business concern at the time of award of this
contract. The HUBZone offeror shall provide
the Contracting Officer a copy of the notice
required by 13 CFR 126.501 if material
changes occur before contract award that
could affect its HUBZone eligibility. If the
apparently successful HUBZone offeror is not
a HUBZone small business concern at the
time of award of this contract, the
Contracting Officer will proceed to award to
the next otherwise successful HUBZone
small business concern or other offeror.
(End of clause)
Alternate I (JAN 2011). As prescribed
in 19.1309(b)(1), substitute the
following paragraphs (d)(3) and (d)(4)
for paragraphs (d)(3) and (d)(4) of the
basic clause:
(3) General construction, at least 15 percent
of the cost of the contract performance to be
incurred for personnel will be spent on the
concern’s employees; or
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(4) Construction by special trade
contractors, at least 25 percent of the cost of
the contract performance to be incurred for
personnel will be spent on the concern’s
employees.
25. Amend section 52.219–8 by
revising the date of the clause; and
paragraph (d) to read as follows:
■
52.219–8 Utilization of small business
concerns.
*
*
*
*
*
Utilization of Small Business Concerns
(JAN 2011)
*
*
*
*
*
(d)(1) Contractors acting in good faith may
rely on written representations by their
subcontractors regarding their status as a
small business concern, a veteran-owned
small business concern, a service-disabled
veteran-owned small business concern, a
small disadvantaged business concern, or a
women-owned small business concern.
(2) The Contractor shall confirm that a
subcontractor representing itself as a
HUBZone small business concern is certified
by SBA as a HUBZone small business
concern by accessing the Central Contractor
Registration (CCR) database or by contacting
the SBA. Options for contacting the SBA
include—
(i) HUBZone small business database
search application Web page at https://
dsbs.sba.gov/dsbs/search/
dsp_searchhubzone.cfm; or https://
www.sba.gov/hubzone;
(ii) In writing to the Director/HUB, U.S.
Small Business Administration, 409 3rd
Street, SW., Washington DC 20416; or
(iii) The SBA HUBZone Help Desk at
hubzone@sba.gov.
26. Amend section 52.219–9 by
revising the date of the clause and
adding paragraph (e)(6) to read as
follows:
■
52.219–9
plan.
*
*
Small business subcontracting
*
*
*
Small Business Subcontracting Plan
(JAN 2011)
*
*
*
*
*
(e) * * *
(6) For all competitive subcontracts over
the simplified acquisition threshold in which
a small business concern received a small
business preference, upon determination of
the successful subcontract offeror, the
Contractor must inform each unsuccessful
small business subcontract offeror in writing
of the name and location of the apparent
successful offeror prior to award of the
contract.
*
*
*
*
*
[FR Doc. 2010–30560 Filed 12–10–10; 8:45 am]
BILLING CODE 6820–EP–P
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 4, 8, 9, 17, 18, 35, and
41
[FAC 2005–47; FAR Case 2008–032; Item
III; Docket 2010–0107, Sequence 1]
RIN 9000–AL69
Federal Acquisition Regulation;
Preventing Abuse of Interagency
Contracts
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
AGENCIES:
The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are issuing an interim rule
amending the Federal Acquisition
Regulation (FAR) to implement
provisions regarding, the Duncan
Hunter National Defense Authorization
Act (NDAA) for Fiscal Year 2009
requirements for preventing abuse of
interagency contracts.
DATES: Effective Date: December 13,
2010.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
February 11, 2011 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–47, FAR Case
2008–032, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2008–032’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2008–032.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
Case 2008–032’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street, NE., Washington, DC 20417.
Instructions: Please submit comments
only and cite FAC 2005–47, FAR Case
2008–032, in all correspondence related
to this case. All comments received will
SUMMARY:
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be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms. Lori
Sakalos, Procurement Analyst, at (202)
208–0498. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAC 2005–47, FAR
Case 2008–032.
SUPPLEMENTARY INFORMATION:
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A. Background
Interagency acquisitions offer
important benefits to Federal agencies,
including economies and efficiencies
and the ability to leverage resources.
This interim rule, which implements
section 865 of the Duncan Hunter
National Defense Authorization Act
(NDAA) for Fiscal Year 2009, is
designed to ensure these benefits are
consistently achieved. The rule
strengthens FAR subpart 17.5,
Interagency Acquisitions, by—
• Broadening the scope of coverage to
address all interagency acquisitions
(with limited exceptions), rather than
just those conducted under the
Economy Act (31 U.S.C. 1535), in
recognition that an increasing number of
interagency acquisitions are conducted
under other authorities;
• Requiring agencies to support the
decision to use an interagency
acquisition with a determination that
such action is the ‘‘best procurement
approach’’;
• Directing that assisted acquisitions
be accompanied by written agreements
between the requesting agency and the
servicing agency documenting the roles
and responsibilities of the respective
parties, including the planning,
execution, and administration of the
contract;
• Requiring the development of
business cases to support the creation of
multi-agency contracts. The Office of
Management and Budget (OMB) is
developing additional guidance on the
use of business cases; once the guidance
is issued, it will be referenced in the
FAR; and
• Requiring the senior procurement
executive for each executive agency to
submit an annual report on interagency
acquisitions to the Director of OMB, in
accordance with section 865(c) of Public
Law 110–417.
The interim rule clarifies the meaning
of ‘‘interagency acquisition,’’ ‘‘direct
acquisition,’’ and ‘‘assisted acquisitions’’
and moves the terms from FAR subparts
4.6 and 17.5 to FAR part 2. It also
amends FAR subpart 8.4, Federal
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Supply Schedules, to add a cross
reference to the requirements in subpart
17.5 for orders over $500,000
(a threshold established by statute).
In developing the rule, the Councils
reviewed interagency guidance issued
by the Office of Federal Procurement
Policy at https://www.whitehouse.gov/
omb/assets/procurement/
iac_revised.pdf.
The OMB guidance addresses
procedures for the use of interagency
acquisitions to maximize competition,
deliver best value to executive agencies,
and minimize waste, fraud, and abuse.
In addition, as required by section
865(a), training on interagency
acquisitions has been made available
through the Federal Acquisition
Institute (see https://www.fai.gov/IAA/
launchpage.htm).
This is a significant regulatory action
and, therefore, was subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
and Budget under 44 U.S.C. chapter 35,
et seq.
D. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of
Defense, the Administrator of General
Services, and the Administrator of the
National Aeronautics and Space
Administration that urgent and
compelling reasons exist to promulgate
this interim rule without prior
opportunity for public comment. This
action is necessary because section
865(b) of the Duncan Hunter National
Defense Authorization Act for Fiscal
Year 2009 (Pub. L. 110–417) required
the publication of the regulations within
one year after enactment, October 14,
2008. However, pursuant to 41 U.S.C.
418b and FAR 1.501–3(b), the Councils
will consider public comments received
in response to this interim rule in the
formation of the final rule.
List of Subjects in 48 CFR Parts 2, 4, 8,
9, 17, 18, 35, and 41
B. Regulatory Flexibility Act
Government procurement.
The Councils do not expect this
interim rule to have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because the
rule does not impose any additional
requirements on small businesses. The
rule is strengthening interagency
acquisition procedures to achieve
efficiencies and economies of scale
across the Federal Government. The rule
also requires agencies, in the multiagency contract business-case analysis,
to consider strategies to ensure small
business participation during
acquisition planning. Therefore, an
Initial Regulatory Flexibility Analysis
has not been performed. The Councils
invite comments from small business
concerns and other interested parties on
the expected impact of this rule on
small entities.
The Councils will also consider
comments from small entities
concerning the existing regulations in
parts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties
must submit such comments separately
and should cite 5 U.S.C. 610 (FAC
2005–47, FAR Case 2008–032) in all
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
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Dated: November 24, 2010.
Millisa Gary,
Acting Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 2, 4, 8, 9, 17, 18,
35, and 41 as set forth below:
■ 1. The authority citation for 48 CFR
parts 2, 4, 8, 9, 17, 18, 35, and 41
continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 2—DEFINITIONS OF WORDS
AND TERMS
2. Amend section 2.101 in paragraph
(b)(2) by—
■ a. Adding, in alphabetical order, the
definitions ‘‘Assisted acquisition’’,
‘‘Direct acquisition’’, and ‘‘Interagency
acquisition’’;
■ b. Amending the definition ‘‘Multiagency contract (MAC)’’ by removing
‘‘17.500(b)’’ and adding ‘‘17.502–2’’ in its
place; and
■ c. Adding, in alphabetical order, the
definitions ‘‘Requesting agency’’, and
‘‘Servicing agency’’.
The added text reads as follows:
■
2.101
Definitions.
*
*
*
*
*
(b) * * *
(2) * * *
Assisted acquisition means a type of
interagency acquisition where a
servicing agency performs acquisition
activities on a requesting agency’s
behalf, such as awarding and
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administering a contract, task order, or
delivery order.
*
*
*
*
*
Direct acquisition means a type of
interagency acquisition where a
requesting agency places an order
directly against a servicing agency’s
indefinite-delivery contract. The
servicing agency manages the indefinitedelivery contract but does not
participate in the placement or
administration of an order.
*
*
*
*
*
Interagency acquisition means a
procedure by which an agency needing
supplies or services (the requesting
agency) obtains them from another
agency (the servicing agency), by an
assisted acquisition or a direct
acquisition. The term includes—
(1) Acquisitions under the Economy
Act (31 U.S.C. 1535); and
(2) Non-Economy Act acquisitions
completed under other statutory
authorities (e.g., General Services
Administration Federal Supply
Schedules in subpart 8.4 and
Governmentwide acquisition contracts
(GWACs)).
*
*
*
*
*
Requesting agency means the agency
that has the requirement for an
interagency acquisition.
*
*
*
*
*
Servicing agency means the agency
that will conduct an assisted acquisition
on behalf of the requesting agency.
*
*
*
*
*
PART 4—ADMINISTRATIVE MATTERS
4.601
[Amended]
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
4. Amend section 8.404 by revising
paragraph (b) to read as follows:
■
Use of Federal Supply Schedules.
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*
*
*
*
*
(b)(1) The contracting officer, when
placing an order or establishing a BPA,
is responsible for applying the
regulatory and statutory requirements
applicable to the agency for which the
order is placed or the BPA is
established. The requiring agency shall
provide the information on the
applicable regulatory and statutory
requirements to the contracting officer
responsible for placing the order.
(2) For orders over $500,000, see
subpart 17.5 for additional requirements
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PART 9—CONTRACTOR
QUALIFICATIONS
9.106–3
[Amended]
5. Amend section 9.106–3 by
removing the word ‘‘accommodated’’
and adding the words ‘‘accommodated
(also see subpart 17.5)’’ in its place.
■
PART 17—SPECIAL CONTRACTING
METHODS
6. Revise subpart 17.5 to read as
follows:
■
Subpart 17.5—Interagency
Acquisitions
Sec.
17.500 Scope of subpart.
17.501 General.
17.502 Procedures.
17.502–1 General.
17.502–2 The Economy Act.
17.503 Ordering procedures.
17.504 Reporting requirements.
17.500
Scope of subpart.
(a) This subpart prescribes policies
and procedures applicable to all
interagency acquisitions under any
authority, except as provided for in
paragraph (b) of this section.
(b) This subpart does not apply to
orders of $500,000 or less issued against
Federal Supply Schedules.
17.501
3. Amend section 4.601 by removing
the definitions ‘‘Assisted acquisition’’,
‘‘Direct acquisition’’, ‘‘Requesting
agency’’, and ‘‘Servicing agency’’.
■
8.404
for interagency acquisitions. For
example, the requiring agency shall
make a determination that use of the
Federal Supply Schedule is the best
procurement approach, in accordance
with 17.502–1(a).
*
*
*
*
*
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
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77735
and Works’’ and title III of the Federal
Property and Administrative Services
Act of 1949.)
17.502
Procedures.
17.502–1
General.
(a) Determination of best procurement
approach—(1) Assisted acquisitions.
Prior to requesting that another agency
conduct an acquisition on its behalf, the
requesting agency shall make a
determination that the use of an
interagency acquisition represents the
best procurement approach. As part of
the best procurement approach
determination, the requesting agency
shall obtain the concurrence of the
requesting agency’s responsible
contracting office in accordance with
internal agency procedures. At a
minimum, the determination shall
include an analysis of procurement
approaches, including an evaluation by
the requesting agency that using the
acquisition services of another agency—
(i) Satisfies the requesting agency’s
schedule, performance, and delivery
requirements (taking into account
factors such as the servicing agency’s
authority, experience, and expertise as
well as customer satisfaction with the
servicing agency’s past performance);
(ii) Is cost effective (taking into
account the reasonableness of the
servicing agency’s fees); and
(iii) Will result in the use of funds in
accordance with appropriation
limitations and compliance with the
requesting agency’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 contract vehicle is the best
procurement approach. At a minimum,
the determination shall include an
analysis, including factors such as:
(i) The suitability of the contract
vehicle;
(ii) The value of using the contract
vehicle, including—
(A) The administrative cost savings
from using an already existing contract;
(B) Lower prices, greater number of
vendors, and reasonable vehicle access
fees; and
(iii) The expertise of the requesting
agency to place orders and administer
them against the selected contract
vehicle throughout the acquisition
lifecycle.
(b) 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
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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;
for patent rights, see 27.304–2. In
preparing interagency agreements to
support assisted acquisitions, agencies
should review the Office of Federal
Procurement Policy guidance,
Interagency Acquisitions, available at
https://www.whitehouse.gov/omb/assets/
procurement/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.
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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 by interagency acquisition. 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 state
that—
(i) Use of an interagency acquisition is
in the best interest of the Government;
and
(ii) The supplies or services cannot be
obtained as conveniently or
economically by contracting directly
with a private source.
(2) If the Economy Act order requires
contract action by the servicing agency,
the D&F must also include a statement
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that at least one of the following
circumstances applies:
(i) 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.
(ii) 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.
(iii) The servicing agency is
specifically authorized by law or
regulation to purchase such supplies or
services on behalf of other agencies.
(3) 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 Federal
Acquisition Regulation, approval of the
D&F may not be delegated below the
senior procurement executive of the
requesting agency.
(4) The requesting agency shall
furnish a copy of the D&F to the
servicing agency with the order.
(d) Business-case analysis
requirements for multi-agency contracts.
In order to establish a multi-agency
contract in accordance with Economy
Act authority, a business-case analysis
must be prepared by the servicing
agency. The business-case analysis
shall—
(1) Consider strategies for the effective
participation of small businesses during
acquisition planning (see 7.103(s));
(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.
(e) 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
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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) If the Economy Act order requires
use of a contract by the servicing
agency, then in no event shall the
servicing agency require, or the
requiring 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(e) 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—
E:\FR\FM\13DER3.SGM
13DER3
Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations
(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.
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.
PART 18—EMERGENCY
ACQUISITIONS
7. Amend section 18.113 by revising
the section heading to read as follows:
■
18.113
*
Interagency acquisitions.
*
*
*
*
PART 35—RESEARCH AND
DEVELOPMENT CONTRACTING
8. Amend section 35.017–3 by
revising the second sentence of
paragraph (b) to read as follows:
■
35.017–3
Using an FFRDC.
mstockstill on DSKH9S0YB1PROD with RULES3
*
*
*
*
*
(b) * * * The nonsponsoring agency
is responsible for making the
determination required by 17.502–2(c)
and providing the documentation
required by 17.503(e). * * *
PART 41—ACQUISITION OF UTILITY
SERVICES
9. Revise section 41.206 to read as
follows:
■
VerDate Mar<15>2010
16:09 Dec 10, 2010
Jkt 223001
41.206
Interagency agreements.
Agencies shall use interagency
agreements (e.g., consolidated purchase,
joint use, or cross-service agreements)
when acquiring utility service or
facilities from other Government
agencies and shall comply with the
policies and procedures at 17.502–2,
The Economy Act.
[FR Doc. 2010–30561 Filed 12–10–10; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 19, and 52
[FAC 2005–47; FAR Case 2009–019; Item
IV; Docket 2010–0108, Sequence 1]
RIN 9000–AL77
Federal Acquisition Regulation; Small
Disadvantaged Business SelfCertification
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
AGENCIES:
The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are issuing an interim rule
amending the Federal Acquisition
Regulation (FAR) to incorporate changes
made by the Small Business
Administration (SBA) to its Small
Disadvantaged Business (SDB) Program.
DATES: Effective Date: December 13,
2010.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
February 11, 2011 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–47, FAR Case
2009–019, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2009–019’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2009–019.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
SUMMARY:
PO 00000
Frm 00017
Fmt 4701
Sfmt 4700
77737
Case 2009–019’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street, NE., Washington, DC 20417.
Instructions: Please submit comments
only and cite FAC 2005–47, FAR Case
2009–019, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Karlos Morgan, Procurement Analyst, at
(202) 501–2364. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–47, FAR Case 2009–019.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends the FAR to
allow subcontractors on Federal
contracts to self-represent their status as
SDBs to prime contractors. SBA
published an interim final rule in the
Federal Register at 73 FR 57490,
October 3, 2008, to allow SDB
subcontractors to provide written
statements to prime contractors
representing in good faith their status as
an SDB concern for the purposes of
subcontract awards under Federal prime
contracts. Under SBA’s previous
regulation, only those firms that were
certified by SBA as SDBs could
participate as SDBs for Federal prime
contract and subcontract opportunities.
SBA stated that, effective October 3,
2008, it would no longer serve as a
source for SDB certification for firms
seeking to establish themselves as SDBs.
The revision to SBA’s regulation
removed any uncertainty regarding SDB
subcontractors’ ability to self-represent
themselves in good faith to prime
contractors.
In order to maintain consistency
between the SBA regulations and the
FAR, the Councils are amending the
FAR as outlined below:
• FAR 2.101, Definitions: The term
‘‘small disadvantaged business concern’’
is revised to be consistent with 13 CFR
part 124, which continues to recognize
small business concerns that have been
certified by SBA, and to add language
that allows small business concerns to
self-represent their status as SDBs for
subcontracts.
• FAR 19.301–1, Representations by
the offeror: Amended to update
citations.
• FAR 19.703, Eligibility
requirements for participating in the
E:\FR\FM\13DER3.SGM
13DER3
]]>Agencies
[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Rules and Regulations]
[Pages 77733-77737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30561]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 8, 9, 17, 18, 35, and 41
[FAC 2005-47; FAR Case 2008-032; Item III; Docket 2010-0107, Sequence
1]
RIN 9000-AL69
Federal Acquisition Regulation; Preventing Abuse of Interagency
Contracts
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are issuing an interim rule
amending the Federal Acquisition Regulation (FAR) to implement
provisions regarding, the Duncan Hunter National Defense Authorization
Act (NDAA) for Fiscal Year 2009 requirements for preventing abuse of
interagency contracts.
DATES: Effective Date: December 13, 2010.
Comment Date: Interested parties should submit written comments to
the Regulatory Secretariat on or before February 11, 2011 to be
considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-47, FAR Case 2008-
032, by any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2008-032'' under the heading ``Enter Keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``FAR Case 2008-032.'' Follow the instructions provided at the ``Submit
a Comment'' screen. Please include your name, company name (if any),
and ``FAR Case 2008-032'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street, NE.,
Washington, DC 20417.
Instructions: Please submit comments only and cite FAC 2005-47, FAR
Case 2008-032, in all correspondence related to this case. All comments
received will
[[Page 77734]]
be posted without change to https://www.regulations.gov, including any
personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Lori Sakalos, Procurement Analyst, at (202) 208-0498. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-47, FAR
Case 2008-032.
SUPPLEMENTARY INFORMATION:
A. Background
Interagency acquisitions offer important benefits to Federal
agencies, including economies and efficiencies and the ability to
leverage resources. This interim rule, which implements section 865 of
the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal
Year 2009, is designed to ensure these benefits are consistently
achieved. The rule strengthens FAR subpart 17.5, Interagency
Acquisitions, by--
Broadening the scope of coverage to address all
interagency acquisitions (with limited exceptions), rather than just
those conducted under the Economy Act (31 U.S.C. 1535), in recognition
that an increasing number of interagency acquisitions are conducted
under other authorities;
Requiring agencies to support the decision to use an
interagency acquisition with a determination that such action is the
``best procurement approach'';
Directing that assisted acquisitions be accompanied by
written agreements between the requesting agency and the servicing
agency documenting the roles and responsibilities of the respective
parties, including the planning, execution, and administration of the
contract;
Requiring the development of business cases to support the
creation of multi-agency contracts. The Office of Management and Budget
(OMB) is developing additional guidance on the use of business cases;
once the guidance is issued, it will be referenced in the FAR; and
Requiring the senior procurement executive for each
executive agency to submit an annual report on interagency acquisitions
to the Director of OMB, in accordance with section 865(c) of Public Law
110-417.
The interim rule clarifies the meaning of ``interagency
acquisition,'' ``direct acquisition,'' and ``assisted acquisitions''
and moves the terms from FAR subparts 4.6 and 17.5 to FAR part 2. It
also amends FAR subpart 8.4, Federal Supply Schedules, to add a cross
reference to the requirements in subpart 17.5 for orders over $500,000
(a threshold established by statute).
In developing the rule, the Councils reviewed interagency guidance
issued by the Office of Federal Procurement Policy at https://www.whitehouse.gov/omb/assets/procurement/iac_revised.pdf.
The OMB guidance addresses procedures for the use of interagency
acquisitions to maximize competition, deliver best value to executive
agencies, and minimize waste, fraud, and abuse. In addition, as
required by section 865(a), training on interagency acquisitions has
been made available through the Federal Acquisition Institute (see
https://www.fai.gov/IAA/launchpage.htm).
This is a significant regulatory action and, therefore, was subject
to review under Section 6(b) of Executive Order 12866, Regulatory
Planning and Review, dated September 30, 1993. This rule is not a major
rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this interim rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule does not impose any additional requirements on small
businesses. The rule is strengthening interagency acquisition
procedures to achieve efficiencies and economies of scale across the
Federal Government. The rule also requires agencies, in the multi-
agency contract business-case analysis, to consider strategies to
ensure small business participation during acquisition planning.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. The Councils invite comments from small business concerns
and other interested parties on the expected impact of this rule on
small entities.
The Councils will also consider comments from small entities
concerning the existing regulations in parts affected by this rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAC 2005-47, FAR Case
2008-032) in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
chapter 35, et seq.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense, the Administrator of General Services, and the
Administrator of the National Aeronautics and Space Administration that
urgent and compelling reasons exist to promulgate this interim rule
without prior opportunity for public comment. This action is necessary
because section 865(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417) required the
publication of the regulations within one year after enactment, October
14, 2008. However, pursuant to 41 U.S.C. 418b and FAR 1.501-3(b), the
Councils will consider public comments received in response to this
interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 2, 4, 8, 9, 17, 18, 35, and 41
Government procurement.
Dated: November 24, 2010.
Millisa Gary,
Acting Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 8, 9, 17, 18,
35, and 41 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 4, 8, 9, 17, 18, 35, and
41 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 2--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 2.101 in paragraph (b)(2) by--
0
a. Adding, in alphabetical order, the definitions ``Assisted
acquisition'', ``Direct acquisition'', and ``Interagency acquisition'';
0
b. Amending the definition ``Multi-agency contract (MAC)'' by removing
``17.500(b)'' and adding ``17.502-2'' in its place; and
0
c. Adding, in alphabetical order, the definitions ``Requesting
agency'', and ``Servicing agency''.
The added text reads as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Assisted acquisition means a type of interagency acquisition where
a servicing agency performs acquisition activities on a requesting
agency's behalf, such as awarding and
[[Page 77735]]
administering a contract, task order, or delivery order.
* * * * *
Direct acquisition means a type of interagency acquisition where a
requesting agency places an order directly against a servicing agency's
indefinite-delivery contract. The servicing agency manages the
indefinite-delivery contract but does not participate in the placement
or administration of an order.
* * * * *
Interagency acquisition means a procedure by which an agency
needing supplies or services (the requesting agency) obtains them from
another agency (the servicing agency), by an assisted acquisition or a
direct acquisition. The term includes--
(1) Acquisitions under the Economy Act (31 U.S.C. 1535); and
(2) Non-Economy Act acquisitions completed under other statutory
authorities (e.g., General Services Administration Federal Supply
Schedules in subpart 8.4 and Governmentwide acquisition contracts
(GWACs)).
* * * * *
Requesting agency means the agency that has the requirement for an
interagency acquisition.
* * * * *
Servicing agency means the agency that will conduct an assisted
acquisition on behalf of the requesting agency.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
4.601 [Amended]
0
3. Amend section 4.601 by removing the definitions ``Assisted
acquisition'', ``Direct acquisition'', ``Requesting agency'', and
``Servicing agency''.
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
0
4. Amend section 8.404 by revising paragraph (b) to read as follows:
8.404 Use of Federal Supply Schedules.
* * * * *
(b)(1) The contracting officer, when placing an order or
establishing a BPA, is responsible for applying the regulatory and
statutory requirements applicable to the agency for which the order is
placed or the BPA is established. The requiring agency shall provide
the information on the applicable regulatory and statutory requirements
to the contracting officer responsible for placing the order.
(2) For orders over $500,000, see subpart 17.5 for additional
requirements for interagency acquisitions. For example, the requiring
agency shall make a determination that use of the Federal Supply
Schedule is the best procurement approach, in accordance with 17.502-
1(a).
* * * * *
PART 9--CONTRACTOR QUALIFICATIONS
9.106-3 [Amended]
0
5. Amend section 9.106-3 by removing the word ``accommodated'' and
adding the words ``accommodated (also see subpart 17.5)'' in its place.
PART 17--SPECIAL CONTRACTING METHODS
0
6. Revise subpart 17.5 to read as follows:
Subpart 17.5--Interagency Acquisitions
Sec.
17.500 Scope of subpart.
17.501 General.
17.502 Procedures.
17.502-1 General.
17.502-2 The Economy Act.
17.503 Ordering procedures.
17.504 Reporting requirements.
17.500 Scope of subpart.
(a) This subpart prescribes policies and procedures applicable to
all interagency acquisitions under any authority, except as provided
for in paragraph (b) of this section.
(b) This subpart does not apply to orders of $500,000 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 title III of the Federal Property and
Administrative Services Act of 1949.)
17.502 Procedures.
17.502-1 General.
(a) Determination of best procurement approach--(1) Assisted
acquisitions. Prior to requesting that another agency conduct an
acquisition on its behalf, the requesting agency shall make a
determination that the use of an interagency acquisition represents the
best procurement approach. As part of the best procurement approach
determination, the requesting agency shall obtain the concurrence of
the requesting agency's responsible contracting office in accordance
with internal agency procedures. At a minimum, the determination shall
include an analysis of procurement approaches, including an evaluation
by the requesting agency that using the acquisition services of another
agency--
(i) Satisfies the requesting agency's schedule, performance, and
delivery requirements (taking into account factors such as the
servicing agency's authority, experience, and expertise as well as
customer satisfaction with the servicing agency's past performance);
(ii) Is cost effective (taking into account the reasonableness of
the servicing agency's fees); and
(iii) Will result in the use of funds in accordance with
appropriation limitations and compliance with the requesting agency'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 contract vehicle is the
best procurement approach. At a minimum, the determination shall
include an analysis, including factors such as:
(i) The suitability of the contract vehicle;
(ii) The value of using the contract vehicle, including--
(A) The administrative cost savings from using an already existing
contract;
(B) Lower prices, greater number of vendors, and reasonable vehicle
access fees; and
(iii) The expertise of the requesting agency to place orders and
administer them against the selected contract vehicle throughout the
acquisition lifecycle.
(b) 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
[[Page 77736]]
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; for patent rights, see
27.304-2. In preparing interagency agreements to support assisted
acquisitions, agencies should review the Office of Federal Procurement
Policy guidance, Interagency Acquisitions, available at https://www.whitehouse.gov/omb/assets/procurement/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.
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 by interagency
acquisition. 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
state that--
(i) Use of an interagency acquisition is in the best interest of
the Government; and
(ii) The supplies or services cannot be obtained as conveniently or
economically by contracting directly with a private source.
(2) If the Economy Act order requires contract action by the
servicing agency, the D&F must also include a statement that at least
one of the following circumstances applies:
(i) 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.
(ii) 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.
(iii) The servicing agency is specifically authorized by law or
regulation to purchase such supplies or services on behalf of other
agencies.
(3) 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
Federal Acquisition Regulation, approval of the D&F may not be
delegated below the senior procurement executive of the requesting
agency.
(4) The requesting agency shall furnish a copy of the D&F to the
servicing agency with the order.
(d) Business-case analysis requirements for multi-agency contracts.
In order to establish a multi-agency contract in accordance with
Economy Act authority, a business-case analysis must be prepared by the
servicing agency. The business-case analysis shall--
(1) Consider strategies for the effective participation of small
businesses during acquisition planning (see 7.103(s));
(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.
(e) 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) If the Economy Act order requires use of a contract by the
servicing agency, then in no event shall the servicing agency require,
or the requiring 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(e) 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--
[[Page 77737]]
(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.
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.
PART 18--EMERGENCY ACQUISITIONS
0
7. Amend section 18.113 by revising the section heading to read as
follows:
18.113 Interagency acquisitions.
* * * * *
PART 35--RESEARCH AND DEVELOPMENT CONTRACTING
0
8. Amend section 35.017-3 by revising the second sentence of paragraph
(b) to read as follows:
35.017-3 Using an FFRDC.
* * * * *
(b) * * * The nonsponsoring agency is responsible for making the
determination required by 17.502-2(c) and providing the documentation
required by 17.503(e). * * *
PART 41--ACQUISITION OF UTILITY SERVICES
0
9. Revise section 41.206 to read as follows:
41.206 Interagency agreements.
Agencies shall use interagency agreements (e.g., consolidated
purchase, joint use, or cross-service agreements) when acquiring
utility service or facilities from other Government agencies and shall
comply with the policies and procedures at 17.502-2, The Economy Act.
[FR Doc. 2010-30561 Filed 12-10-10; 8:45 am]
BILLING CODE 6820-EP-P
