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Jamaal Valentine

Single Solicitation - Multiple Agencies Awarding

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Does anyone have any info on or know of different agencies issuing individual contracts from a single, joint, solicitation instead of one agency awarding a multi-agency contract that both agencies would use?

Example - Air Force and Navy issue a joint solicitation, evaluation, and award decision, but each agency issues their own independent contract.

Anything precluding this type of interagency transaction?

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Hi Jamaal - I am not familiar with any specific instances of this occurring outside of GSA Federal Strategic Sourcing Initiatives or Government Wide Acquisition Contracts (NASA SEWP, NITAAC, 8(a) STARS, etc.). Those types of contracts are not Economy Act acquisitions and the servicing agencies have their own specific statutory authorities.

In terms of "anything precluding this type of interagency transaction," the servicing agency could have agency-specific statutory authority to issue solicitations on behalf of another agency that identifies the conditions for such an interagency solicitation. If no agency-specific statutory authority applies, then the Economy Act applies, which requires (see FAR Subsection 17.502-2©(1)(iii)):


"( A ) 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.

( B ) 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.

( C ) The servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies."

Only a couple of CFO Act agencies have statutory authority to purchase supplies or services on behalf of other agencies. In all instances, there is some mechanism for which the servicing agency gets reimbursed for the administrative cost of the procurement so as not to supplement an appropriation.

What is more common is agencies sharing information received from other procurements, including statements of work, source selection information, and market research.

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There is the DoD Small Business Innovative Research program, which issues a single solicitation that represents the various DoD Services, and once successful offerors are determined, technically, the proposals are forwarded to the various agencies for negotiation and award.

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Based on the comments so far, I would like to revise my question.

Provided that the two agency's respective contracting officers agree, does an agency require express authority to issue a joint, multi-agency, solicitation?

Would 10 U.S.C. § 2311 provide such an authority? If yes, is there reason to believe this authority is retained at the Agency Head level?

styrene described the scenario in post #3. Seems it could possibly fall under a acquisition assistance at FAR 17.500[2].

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