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DOSAR PART 617 - SPECIAL CONTRACTING METHODS


PART 617 - SPECIAL CONTRACTING METHODS


PART 617 - SPECIAL CONTRACTING METHODS

Subpart 617.1 - Multiyear Contracting

617.104 General.

(b) The Procurement Executive is the agency head for the purpose of FAR 17.104(b).

617.105 Policy.

617.105-1 Uses.

(d) Every multiyear contract shall comply with FAR 17.104(c), unless an exception is approved through the budget process in coordination with the cognizant financial management office/comptroller.

Congressional notification.

(a) The Procurement Executive is the agency head for the purposes of FAR 17.108(a).

Subpart 617.2 - Options

617.201 - Definitions.

617.201-70 DOSAR definitions.

"Evaluated option" means an option that is evaluated for award purposes by adding the total price for the option(s) to the total price for the basic requirement.

"Priced option" means an option where the amount for the option is specified in or is reasonably determinable from the terms of the basic contract, as described in FAR 17.207(f)(1) through (5).

"Unevaluated option" means an option that is not included in the evaluation for award purposes.

"Unpriced option" means an option where the prices for the option quantities or performance periods are not specified in the contract at the time of award and the option prices are negotiated at the time the option is exercised.

617.204 Contracts.

(e) The Procurement Executive shall approve any solicitations or contracts which exceed the five (5) year maximum length for supplies or services. The Procurement Executive may delegate this approval authority to individuals within the Office of the Procurement Executive.

Subpart 617.5 - Interagency Acquisitions Under the Economy Act

617.500 Scope of subpart.

This subpart establishes Department policy and procedures for the development, documentation, and administration of interagency acquisition agreements under the Economy Act (31 U.S.C. 1535, et seq. ).

617.501 Definitions.

617.501-70 DOSAR definitions.

"Interagency acquisition agreement (IAA)" means a written transaction under which a Federal agency obtains personal property, real property, or services from another Federal agency. IAAs usually involve a transfer of funds between the two Federal agencies. An Economy Act interagency acquisition agreement (EAIAA) is one type of interagency acquisition agreement.

"Requesting agency" means the Federal agency obtaining personal property, real property, or services from another Federal agency through an IAA.

"Servicing agency" means the Federal agency providing personal property, real property, or services to another Federal agency through an IAA. The servicing agency can meet the requesting agency's needs directly or through issuance of a contract, grant, or cooperative agreement.

617.502 General.

617.502-70 Policy.

(a) Policy. (1) It is the Department's policy to use Economy Act IAAs (EAIAAs) in a manner that promotes Department missions, programs, and responsibilities, is consistent with statutory and regulatory requirements, and conforms to relevant financial management standards.

(b) Scope. The following transactions do not fall within the scope of this subpart:

(c) Competition requirements. An agency may place an Economy Act order with another agency in lieu of undertaking a competitive acquisition; however, the Competition in Contracting Act (41 U.S.C. 253(f)(5)(B)) provides that in no event may an executive agency "procure property or services from another executive agency unless such other executive agency complies fully with the requirements of this subchapter [i.e., competition requirements] in its procurement of such property or services."

Under the Economy Act, any condition or limitation on the requesting agency's funds applicable to amounts for procurement apply equally to the interagency acquisition itself or to any procurement processed thereunder.

617.503 Determination and findings requirements.

The authority to make the determination prescribed in FAR 17.503 is delegated to the head of the contracting activity. A sample determination and findings for EAIAAs is provided on the Intranet at http://www.aope.a.state.gov/.

617.504-70 Ordering procedures.

(a) Department deputy assistant secretaries and Bureau Executive Directors or their equivalents are authorized to execute Economy Act IAAs. Department contracting officers also are authorized to execute Economy Act IAAs, as prescribed in FAR 17.504(a). However, note the restrictions at DOSAR 607.103-70 regarding the Department's State First policy.

(b) Department of State Form DS-1921, Award/Modification of Interagency Acquisition Agreement shall be used for all Economy Act IAAs where the Department is the requesting agency. It shall also be used for Economy Act IAAs where the Department is the servicing agency if the requesting agency does not have a similar form that provides the same information.

(c) EAIAA Review, Authorities, and Responsibilities. (1) Department requirements offices shall identify and justify EAIAA needs in annual planning documents, including acquisition plans. When both the Department and the other agency are contributing resources, personal property, real property, or services, the requirements office shall determine which agency is the requesting agency based on the preponderant need, i.e., the overall, underlying requirement.

(d) Preparation, Execution, Distribution, and Administration of EAIAAs.

(e) The EAIAA manager shall be responsible for administering the Economy Act IAA, including quality control, performance, monitoring and enforcement, and evaluation. The EAIAA manager is not, however, authorized to change the DOS resource commitment(s) expressed in the EAIAA. Only those individuals identified in 617.504-70(a)(4) may execute any such modifications to an EAIAA.

Subpart 617.6 - Management and Operating Contracts

617.602 Policy.

The Assistant Secretary for Administration is the agency head for the purposes of FAR 17.602.

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