# AFFARS MP5317.78

#### Mandatory Procedure

MP5317.78

# Special Contracting Methods

#

May 2007

MP5317.78 Proper Use of Interagency Acquisitions (Non-DOD Contracts)

(a) Applicability and Definitions:

(1) These procedures apply to the use of non-DOD contract vehicles for all acquisitions of supplies or services, other than procurements of the following services:

(A) Printing, binding, or blank-book work to which 44 U.S.C. 502 applies: and

(B) Services available under programs pursuant to 2 U.S.C. 182c (section 103 of the Library of Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-481)).

(2) Interagency acquisitions may not be used to violate provisions of law, nor may they be used to circumvent conditions and limitations imposed on the use of funds. For example, MIPRs may not be used to extend the period of availability of the cited funds.

(3) Interagency acquisition – An acquisition in which an Air Force activity obtains supplies/services from an agency outside the DOD.

(A) Direct Acquisition - a task or delivery order placed by an Air Force contracting officer against a contract vehicle established by a Federal activity that is not part of DoD.

(B) Assisted Acquisition - a contract awarded or task or delivery order placed on behalf of DoD by an official of the United States outside DOD usually using a DD Form 448 (MIPR) to order and fund the requirement.

(b) Contracting Review for Assisted Acquisitions: The supporting contracting office will review interagency acquisition packages for compliance when received in ABSS. Contracting offices will not accept or review manually created MIPRs.

(c) Determination and Finding (D&F) Requirements

(1) In accordance with DFARS 217.7802, Policy, when the amount of the order exceeds the simplified acquisition threshold, the order must be approved on a D&F.

(2) For acquisition of services, the Services Designated Official (SDO) must approve the D&F before the MIPR is sent to the non-DoD agency.

(3) For acquisition of supplies, the program/project manager for the acquisition must justify a non-DoD acquisition and sign the D&F. For direct acquisitions, the contracting officer must also sign the D&F.

(4) The Air Force Requiring Activity must retain the D&F with other MIPR documentation. The documentation supporting the D&F must justify the requirements below:

_________________________________________________________________________

SAMPLE

DETERMINATION & FINDINGS FOR INTERAGENCY ACQUISITIONS

(Applicable for assisted and direct acquisitions when value exceeds $100K)

Purchase Request or MIPR #______________________________

1. I have reviewed the requirement for (insert description of supply or service to be procured) that (insert Air Force requiring activity) intends to place with (insert agency) as an interagency acquisition. My review produced the following findings:

a. Use of a non-DoD contract is in the best interest of the Air Force considering the factors of satisfying customer requirements, cost effectiveness and price, delivery schedule, non-availability of a suitable contract within DoD, contract administration, small business opportunities and any other factors as applicable.

b. The (supplies/services) to be provided are within the scope of the contract to be used. (Coordinate with the non-DoD Contracting Officer to verify the requirement is within the scope of the assisting agency’s selected contract.)

c. Funding appropriation is legal and proper for the acquisition and used in accordance with any appropriation limitations. (FMA will validate that the funds are appropriate for the acquisition.)

d. Terms, conditions and requirements unique to DoD or the Air Force are included in the acquisition package for the assisting agency to incorporate into the resultant order or contract to comply with applicable statues, regulations and directives (e.g. the requirement that the items listed in DFARS 225.7002-1 and procured with DoD funds be of domestic origin, unique identification requirements, etc.).

2. Given the findings outlined above, I hereby determine that it is in the best interest of the Government to place an order for (insert requirement) with (insert agency).

________________________________________ Program/Project Manager Signature Block | _________________________________________ Services Designated Official Signature Block (Services over $100K)
________________________________________ AF Contracting Officer Signature Block (Direct acquisitions only) |