Posted January 10, 201312 yr comment_16201 Recently responded to an RFP that was unlike most, in many ways. From a "wholly owned corporation." Is there an easy way to see if they come under the FAR ?
January 14, 201312 yr comment_16238 What's the agency in question? FAA, US Courts, USPS, Federal Reserve are just a few off the top of my head that don't.
January 14, 201312 yr comment_16239 Tennessee Valley Authority, Bonneville Power Administration, Federal Deposit Insurance Corp., National Railroad Passenger Corp. (AMTRAK), U.S. Mint, Architect of the Capitol, Government Accountability Office, Library of Congress, Government Printing Office, Administrative Office of the U.S. Courts, and others.
January 15, 201312 yr comment_16243 This has turned out to be an interesting question. Based on FAR 1.101 and the definition of executive agency in FAR 2.101, wholly-owned government corporations are subject to the FAR, but mixed-ownership government corporations are not. FDIC and AMTRAK are examples of mixed-ownership government corporations. Others include the Resolution Funding Corp., Resolution Trust Corp., The Financing Corp.,and the National Credit Union Administration and Central Liquidity Facility. I don't know whether any of them has chosen to rely on the FAR. In answer to the original question, I could not find an easy way to determine which agencies are subject to the FAR.
January 17, 201312 yr comment_16312 personal past experience has shown that if you use "According to the FAR" in a statement/question to agency CO and they are not subject to the FAR, they are very quick to tell you that.
January 18, 201312 yr comment_16324 It can get even more interesting. My organization is not subject to FAR, but we do place orders against GSA contracts, which are subject to FAR. So, even though we as an organization are not subject to FAR, some of our contracting actions are. I would hope that looking at the RFP would help clarify the situation - shouldn't it reference FAR clauses if the procurement is subject to FAR, as well as other non-FAR clauses applicable to the entity that issued the RFP?
January 18, 201312 yr comment_16326 It can get even more interesting. My organization is not subject to FAR, but we do place orders against GSA contracts, which are subject to FAR. So, even though we as an organization are not subject to FAR, some of our contracting actions are. I would hope that looking at the RFP would help clarify the situation - shouldn't it reference FAR clauses if the procurement is subject to FAR, as well as other non-FAR clauses applicable to the entity that issued the RFP? Assuming you are using GSA schedules, remember that the Schedules incorporate by reference, or in full text, many FAR and GSA clauses. So, you need to review them against your agency's clauses to assure that there is no conflict.
January 18, 201312 yr comment_16328 Pennybeth, Other Transaction Agreements (OTAs) used by DoD are not subject to the FAR, however, I have seen OTAs that use FAR clauses.
January 23, 201312 yr comment_16375 USA.GOV shows a list of all executive departments, boards, commissions, etc. - - most of these are required to follow the FAR. Note, legislative agencies are not required to follow the FAR. http://www.usa.gov/Agencies/Federal/Executive.shtml
January 24, 201312 yr Author comment_16429 Taking a closer look, the solicitation did not include any references to the FAR except for the two places on the SF-33 where the FAR is mentioned, Blocks 8 & 13. No clauses or provisions were IBR (except on the SF-33;) everything in full text appears to be lifted from the FAR, without indicating the source. Prior to closing, I asked about whether the FAR applied, and the response was that I had missed the cutoff for questions. I guess I already know the answer as to whether the FAR applies. Assuming it doesn't, I still think that the agency is bound by Comp Gen and COFC guidance. I hope to hear back on the outcome. Thnx all for providing UR input.
January 25, 201312 yr Author comment_16431 Didn't mean to be secretive, I just didn't want to ask folks to do research that I should do my own darn self. I was looking for hints about where to look or how to research, other than what I had thought of myself. Your first response - just ask them - was right on target. When I did ask, and was told that I was too late to ask even that general a question, I felt that I already knew the answer: not covered. The protection afforded to offerors by the FAR is a baseline of fair dealing. As I see it, the basis of this website is that those FAR protections are not necessarily obvious or straightforward, but they are adjudicable. Well, even if the FAR doesn't apply to a particular acquisition or a particular agency, and CICA doesn't apply, I think that the agency CO will make an effort to show my offer was treated fairly. And if not, I assume I still have an avenue for redress of grievances. But that all depends on me finding out what happened, which the FAR requires (debriefing,) but the protest fora do not.
January 25, 201312 yr comment_16434 Double Criminy! Sure would like Brian to tell us who the organization is. Guess we will just have to wonder....
January 25, 201312 yr comment_16436 This has turned out to be an interesting question. Based on FAR 1.101 and the definition of executive agency in FAR 2.101, wholly-owned government corporations are subject to the FAR, but mixed-ownership government corporations are not. FDIC and AMTRAK are examples of mixed-ownership government corporations. Others include the Resolution Funding Corp., Resolution Trust Corp., The Financing Corp.,and the National Credit Union Administration and Central Liquidity Facility. I don't know whether any of them has chosen to rely on the FAR. In answer to the original question, I could not find an easy way to determine which agencies are subject to the FAR. Does anyone know if the Export-Import Bank is subject to the FAR? It is wholly owned by the taxpayers and is an independent federal agency. See Facts about the Bank at http://www.exim.gov/...m-bank.cfm#four Thanks.
January 25, 201312 yr comment_16437 Apparently, the answer is yes. Their contracting webpage, http://www.exim.gov/...ng-services.cfm, provides a link to the FAR. See the synopsis for solicitation no. EXIM-12-A-002, March 20, 2012, which says: The Ex-Im Bank is a federal agency and uses the Federal Acquisition Regulation (FAR) in conducting procurements. See their IG's report, Audit of Export-Import Bank's Purchase Card Program," which refers to FAR compliance, http://www.exim.gov/...09-26-12-1.pdf. Also see Advanced Technology Systems, Inc., GAO Dec. B-298854, 2007 CPD para. 22, which shows them conducting a procurement pursuant to FAR Subpart 8.4. According to a GAO report on Government corporations, the Export-Import Bank is a wholly owned government corporation. Wholly owned Government corporations are generally subject to the FAR. See FAR 1.101 and the definition of executive agency in FAR 2.101. They have no FAR supplement in the CFR.
January 25, 201312 yr comment_16438 thanks, Vern. Sorry to bother. I asked the contact on their contracting page who jsut confirmed that they follow the FAR.
