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MV2009

Assisted Acquisitions

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Seeking clarification on assisted acquisitions. The servicing agency awarded a contract for itself. Prior to one of the option periods, a portion of the requirement was transferred to another agency, hereafter referred to as the requesting agency. The requesting agency intended to use servicing agency’s contract, where the servicing agency would be responsible for contact administration to include exercising the option period. Based on the definition in FAR Part 2, I would like confirmation that this would be considered an assisted acquisition, even though the requesting agency was not involved in the pre-award process as the servicing agency was responsible for that requirement at that time.

 

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Read FAR 17.502 procedures and the OMB OFPP memo link.  Here’s what the OMB memo says

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An assisted acquisition is a type of interagency acquisition where the parties enter into an interagency agreement pursuant to which the servicing agency performs acquisition activities on the requesting agency’s behalf, such as awarding a contract, task order, delivery order, or blanket purchase agreement.

 

So I don’t see your situation qualifying as an assisted acquisition.  This, plus the FAR 17.502 language which says prior to issuance of a solicitation, the agreement must be signed seems to negate use of an assisted acquisition.

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i) Prior to the issuance of a solicitation, the servicing agency and the requesting agency shall both sign a 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)

That said, I think the language is sufficiently unclear to that contract administration services could be considered an assisted acquisition even though the award wasn’t part.  Now that just leaves what to call the actual transfer of the equipment/ services.

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Formerfed,

Thank you, no question that the requesting agency wasn’t involved with the pre-award portion but OMB memo does state there are two types of interagency acquisitions. This doesn’t fall within the direct acquisition definition either and don’t believe this situation was anticipated based on OMB memorandum. If doesn’t fit as assisted acquisition, what would you call it?

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MV2009,

Your choices on labeling it are limited since an acquisition is key.  If it were me, I would call it an assisted acquisition and clearly spell out the details in the document.  Your file documentation is key including reasons why the Interagency agreement wasn’t done upfront.  If it’s just a discovery or a late need realized that another agency could meet, I would spell that out.  The best way to avoid after the fact criticism is make your case clear and convincing it was sound.

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