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Can anyone help me answer whether a D&F is required by the FAR for a non-economy act interagency agreement? Also, I work for a non-DOD agency. I can't find any requirement that a D&F is needed for non-economy act IAs. thanks for any help you can provide.

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Guest Vern Edwards

I am not aware of any governmentwide requirement for a D&F for a non-economy act interagency transactions. However, your agency or the agency you want to do business with might require one. You'll have to make inquiries in that regard.

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OFPP published guidance in June 2008 on Interagency acquisitions that could pertain if that's the nature of your agreement. It requires a Best Interest Determination before entering into the agreement ofr an interagency acquisition but doesn't specify a format. 2011 OFPP guidance covers the contents of Interagency Agreements but makes no mention of having to do a D&F

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Guest Vern Edwards

The last post is not helpful, because the poster did not properly identify the documents or indicate where they could be found.

The 2008 document is probably "Improving the Management and Use of Interagency Acquisitions," dated June 6, 2008. It can be found here: http://www.whitehous...ac_revised.pdf. It was published during the Bush administration. As far as I have been able to determine it was not published in the Federal Register and has not been incorporated into the Code of Federal Regulations. It was addressed to chief acquisition officers and senior procurement executives, not to contracting officers, and calls for them to take certain actions. It closes with this:

Please have your acquisition officials work with program managers, contracting officers technical representatives, finance officers, information technology officers, legal staff and others involved in your agency’s interagency acquisitions to ensure the effective implementation of this guidance and compliance with its requirements.

Given that it was published during the last administration and that statute and regulation governing interagency acquisitions has changed since, I see no reason to pay any attention to it whatsoever.

The 2011 guidance is probably "Development, Review and Approval of Business Cases for Certain Interagency and Agency-Specific Acquisitions," issued by the current administration and dated September 29, 2011. It can be found at http://www.whitehous...tions-memo.pdf. A quick scan of it indicates that it does not cover the contents of interagency agreements, but of agency plans. It, too, was not published in the Federal Register and was not incorporated into the CFR. It, too, was addressed to chief acquisition officers and senior procurement executives, not to contracting officers, and calls for them to take certain actions. FAR has changed since the memorandum was issued: FAC 2005-55, effective Feb. 2, 2012, 77 FR 183.

As far as I can tell, neither memo has any direct effect on the work of contracting officers unless and until direction has been issued by chief acquisition officers or senior procurement executives. The rules that apply to contracting officers are in FAR Subpart 17.5 and in agency supplements and internal memos. The OFPP memos tell top-level agency officials to make sure that their subordinates do certain things. I assume that the FAR contains the implementation.

If you are going to refer people to official documents, please give issuing office, title, date, and the website address where the thing can be found.

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