Jump to content
The Wifcon Forums and Blogs

Recommended Posts

Guest Vern Edwards

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.

Link to comment
Share on other sites

Guest Vern Edwards

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.

Link to comment
Share on other sites

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?

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Guest Vern Edwards

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.

Link to comment
Share on other sites

thanks, Vern. Sorry to bother. I asked the contact on their contracting page who jsut confirmed that they follow the FAR.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...