FAR 17.5 Interagency Acquisitions

[Jamaal Valentine]

Does anybody have information regarding the applicability/non-applicability of this subpart as it relates to intra-agency actions (e.g. Army using assisted or direct acquisitions through the Air Force)?

DODI 4000.19 offers some insight but it appears, in practice, excluding intra-agency Economy Act actions, that FAR 17.5 is only being applied to inter-agency actions (e.g. DoD using assisted or direct acquisitions through DoE).

NOTE: FAR 17.5 does not distinguish between inter and intra, nor does FAR define agency.

[prodigalko]

In NPS we follow the DOI guide , but it's pretty thin and really just specifies how to follow 17.5. In practice there is a pretty simple D&F that we accomplish for economy act actions (I haven't yet received good guidance, but I generally try to find a cfr regulation giving the agency we are using specific authority, ie FHWA for highway work. The gist of the guide that we follow is that we have to have some terms in place. It does not matter where the terms are, or what document they are in, but it really focuses on the responsibilities of each party and dispute resolution (FAR 17.503(c )). Have you checked out the Army Interagency Agreement Reference Tool?

I think you may be looking for "executive agency" instead of "agency", which is defined in 2.101 as follows: "“Executive agency” means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101."

[ji20874]

I would think that FAR Subpart 17.5 would be wholly inapplicable to intra-agency transactions (Army to Air Force is intra-agency, wholly within DoD). DFARS Subpart 217.5 reinforces this thought.

[Guest Vern Edwards]

Check with your agency contracting staff or attorneys, but...

I think FAR Subpart 17.5 does apply to transactions among the DOD, Army, Navy, and Air Force. See the definition of "interagency acquisition" in FAR 2.101. Then see the definitions of "department of defense" and "executive agency" in DFARS 202.101. See, too, DFARS 217.503:

(d) When the requesting agency is within DoD, a copy of the executed determination and findings required by FAR 17.502-2 shall be furnished to the servicing agency as an attachment to the order. When a DoD contracting office is acting as the servicing agency, a copy of the executed determination and findings shall be obtained from the requesting agency and placed in the contract file for the Economy Act order.

Google "MIPR Primer" for more DOD guidance.

See this post at Ask A Professor:

https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=3&cgiQuestionID=119404

See also this letter from the GAO to the Secretary of the Army and the Air Force:

http://www.gpo.gov/fdsys/pkg/GAOREPORTS-B-277979/html/GAOREPORTS-B-277979.htm

See also Department of the Army, Interagency Agreements Reference Tool, p.6, "Economy Act Transactions":

The FAR Subpart 17.5 and the Defense Federal Acquisition Regulation Supplement (DFARS) Subpart 217.5 requires a written justification known as a Determination and Finding (D&F) to be completed and executed before placing an Economy Act order for supplies or services to another federal agency (including Military Departments and Defense Agencies). The D&F documents the specific rationale and required justification for use of an interagency acquisition.

[ladybug108]

Would that apply if you are the executive agency? My DOD agency is the Executive Agent for various classes, ex. Class I, subsistence. One DOD agency was told not to use us until they have a D&F on file.