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DARS APPENDIX C

APPENDIX C

ECONOMY ACT APPLICABILITY

Servicing Agency: Vehicle: Authority: Type of Support: Approval:

AF D&F FAR 17.5 one-time HCO or HCA

(I-CASE)

AF SA* FAR 17.5 recurring HCO or HCA

(I-CASE) DoDI 4000.19

(NOTE: Paragraph 4.3 of DoDI 4000.19 applies. I-CASE examples above are not applicable when DISA orders directly from the I-CASE contract. DISA has limited direct ordering authority for I-CASE.)

Servicing Agency: Vehicle: Authority: Type of Support: Approval:

CNTC D&F FAR 17.5 one-time HCO or HCA

CNTC SA* FAR 17.5 & recurring HCO or HCA

DoDI 4000.19

(NOTE: Paragraph 4.3 of DoDI 4000.19 applies. Under the example for "recurring" support: DISA reimburses CNTC for providing ongoing operation and maintenance of the DMS Transition Hub located at the Naval Computer and Telecommunications Area Master Station, Wahiawa, HI. Although government employees provide these services, HCO or HCA concurrence is required on the DISA Form 9 since funds are leaving the Agency.)

Servicing Agency: Vehicle: Authority: Type of Support: Approval:

USDA/GS D&F FAR 17.5 one-time HCO or HCA

USDA/GS SA* FAR 17.5 & recurring HCO or HCA

DoDI4000.19

Servicing Agency: Vehicle: Authority: Type of Support: Approval:

Army SA* FAR 17.5 recurring HCO or HCA

MITRE DoDI4000.19

(FFRDC)

(NOTE: Paragraph 4.3 of DoDI 4000.19 applies. In this example, the Army requires the use of their documentation to meet the SA requirement so a D&F (FAR Part 1) is used to meet the FAR D&F requirement. Approval authorities are located in DARS Subpart 17.5 and

DISAI 640-50-6, Para 12.)

*The SA constitutes the D&F. DoDI 4000.19; paragraph 4.5 does not require SAs for single item or one-time service support. In the event an SA is not required for a recurring effort and the Economy Act applies, prepare a D&F.

The following applies to all examples given above: DISA is the requesting agency and as such, the requirements office shall send copies of D&Fs and or SAs to the servicing agency

(DARS Subpart 17.504-90). In the case of an FFRDC, send the copies to the sponsor

(FAR Part 35).

ACRONYMS:

ACA Agency Competition Advocate

AF Air Force

CNCTC Commander, Naval Computer & Telecommunications Command

D Director, DISA

DD Deputy Director

D&F Determination & Finding

DoD Department of Defense

DSC Defense Supply Center

DTIC Defense Technical Information Center

DV Vice Director, DISA

FAR Federal Acquisition Regulation

FFRDC Federally Funded Research & Development Contract

I-CASE Integrated Computer-Aided Software Engineering

MITRE MITRE Corporation (FFRDC contractor)

SA Support Agreement (DD Form 1144 or similar form)

SPE Senior Procurement Executive

USDA/GS US Department of Agriculture/Graduate School

*Exempt from Economy Act--covered by separate statutory authority (40 U.S.C. § 474, Federal Property & Administrative Service Act of 1949).

EXAMPLES OF ECONOMY ACT EXEMPTIONS

Use of other Government supply sources (Reiterates FAR Subpart 8.002)

Priorities for use of Government supply sources (Reiterates FAR Subpart 8.001)

o Agency inventories

o Excess from other agencies

o Federal Prison Industries, Inc.

Government-Wide Acquisition Contracts (GWACs)--GWAC examples follow (not all-inclusive):

Although the Economy Act does not apply, if the plan is to obtain any of these supplies or services by having another agency contract for them consider the following as part of the market research: Ensure the action a reasonable alternative to using a DISA contracting office, and is in the best interest of the Government. NOTE: FAR Subpart 17.5 does not apply when a DISA contracting office places orders directly on another agency's contract.

Multi-Agency Contracts (MACs) and or Government-wide Acquisition Contracts (GWACs)

Multi-agency contracts (MACs).

Government-Wide Acquisition Contracts (GWACs)

Franchise Fund Pilot Programs (FFPP)

PART II – FOUR SAMPLE ECONOMY ACT D&FS WITH VARIOUS SIGNATURE FORMATS

Sample Number:

Dollar

Threshold:

Regulatory

Authority:

Under Cognizance

of DoD:

Sample #1

$3,000 to $100K

FAR/DFARS

Within DoD

Sample #2

Over $100K

FAR/DFARS

Within DoD

Sample #3

Over $3,000

FAR only

Outside DoD

Sample #4

Over $100K

Non-FAR

Outside DoD

The SA may also satisfy the requirements of an Economy Act D&F and requires concurrence by the HCO, and HCA when appropriate. Use a DISA Form 9, “Summary Sheet” for coordinating and staffing an Economy Act D&F (See DARS Subsection 17.500(b)(S-93).

SAMPLE 1

DETERMINATION AND FINDINGS

ECONOMY ACT ORDER

(From $3,000 to $100K within DoD (FAR/DFARS))

Title of Effort Provide title of the statement of work or requirement.

Requesting Agency: Name and Organization Code of the requiring office.

DETERMINATION

In accordance with 31 U.S.C. 1535 and FAR Subpart 17.503, it is my determination to place the following order for supplies and or services pursuant to the Economy Act.

FINDING

(1) Based on the information provided, the use of an interagency acquisition is in the best interest of the Government and supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source.

[Include one of the three circumstances as paragraph “(2)” if the Economy Act order requires contract action by the servicing agency: (1) The acquisition will appropriately be made under an existing contract of the servicing agency, entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies or services; (2) The servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or (3) The servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies.

Include the following as paragraph “(3)” if ordering against an existing contract” “The acquisition will appropriately be made under an existing contract of the (contractor’s name), entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies and/or services. Per FAR Subpart 17.504(d) (3) the requirements office by its concurrence have verified that the “contracts utilized to meet its requirements contain provisions protecting the Government from inappropriate charges and that adequate administration will be provided “by the servicing activity”.]

Deputy Principal Director: Deputy Principal Director’s signature is certification that the requirement is valid and the proposed acquisition strategy or approach is in the Government’s best interest.

Signature: ___________________________ ___________________

NAME DATE

TITLE

APPROVAL: (DARS Subpart 17.503(a))

Signature: ____________________________________ ___________________

HEAD OF THE CONTRACTING OFFICE DATE

SAMPLE 2

DETERMINATION AND FINDINGS

ECONOMY ACT ORDER

(Over $100K within DoD (FAR/DFARS))

In accordance with 31 U.S.C. 1535 and FAR Subpart 17.503, it is my determination to place the following order for supplies and or services pursuant to the Economy Act.

FINDING

(1) Based on the information provided, the use of an interagency acquisition is in the best interest of the Government and supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source.

[Include one of the three circumstances as paragraph “(2)” if the Economy Act order requires contract action by the servicing agency: (1) The acquisition will appropriately be made under an existing contract of the servicing agency, entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies or services; (2) The servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or (3) The servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies.

Include the following as paragraph “(3)” if ordering against an existing contract” “The acquisition will appropriately be made under an existing contract of the (contractor’s name), entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies and/or services. Per FAR Subpart 17.504(d) (3) the requirements office by its concurrence have verified that the “contracts utilized to meet its requirements contain provisions protecting the Government from inappropriate charges and that adequate administration will be provided “by the servicing activity”.]

Deputy Principal Director: Deputy Principal Director’s signature is certification that the requirement is valid and the proposed acquisition strategy or approach is in the Government’s best interest.

Signature: ___________________________ ___________________

NAME DATE

TITLE

APPROVAL: (DARS Subpart 17.503(a))

Signature: ________________________________________ ___________________

HEAD OF THE CONTRACTING ACTIVITY DATE

SAMPLE 3

DETERMINATION AND FINDINGS

ECONOMY ACT ORDER

(Over $3,000 outside of DoD (FAR Only))

number.

DETERMINATION

In accordance with 31 U.S.C. 1535 and FAR Subpart 17.503, it is my determination to place the following order for supplies/services pursuant to the Economy Act.

FINDING

(1) Based on the information provided, the use of an interagency acquisition is in the best interest of the Government and supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source.

[Include one of the three circumstances as paragraph “(2)” if the Economy Act order requires contract action by the servicing agency: (1) The acquisition will appropriately be made under an existing contract of the servicing agency, entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies or services; (2) The servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or (3) The servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies.

Include the following as paragraph “(3)” if ordering against an existing contract” “The acquisition will appropriately be made under an existing contract of the (contractor’s name), entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies and/or services. Per FAR Subpart 17.504(d) (3) the requirements office by its concurrence have verified that the “contracts utilized to meet its requirements contain provisions protecting the Government from inappropriate charges and that adequate administration will be provided “by the servicing activity”.]

Deputy Principal Director: Deputy Principal Director’s signature is certification that the requirement is valid and the proposed acquisition strategy or approach is in the Government’s best interest.

Signature: ___________________________ ________________________

NAME DATE

TITLE

APPROVAL: (DARS 17.503(a))

Signature: _____________________________________ ______________

HEAD OF CONTRACTING ACTIVITY DATE

SAMPLE 4

DETERMINATION AND FINDINGS

ECONOMY ACT ORDER

(Over $100K outside of Federal Government (Non-FAR ))

DETERMINATION

In accordance with 31 U.S.C. 1535 and FAR Subpart 17.503, it is my determination to place the following order for supplies/services pursuant to the Economy Act.

FINDING

(1) Based on the information provided, the use of an interagency acquisition is in the best interest of the Government and supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source.

[Include one of the three circumstances as paragraph “(2)” if the Economy Act order requires contract action by the servicing agency: (1) The acquisition will appropriately be made under an existing contract of the servicing agency, entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies or services; (2) The servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or (3) The servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies.

Include the following as paragraph “(3)” if ordering against an existing contract” “The acquisition will appropriately be made under an existing contract of the (contractor’s name), entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies and/or services. Per FAR Subpart 17.504(d) (3) the requirements office by its concurrence have verified that the “contracts utilized to meet its requirements contain provisions protecting the Government from inappropriate charges and that adequate administration will be provided “by the servicing activity”.]

Deputy Principal Director: Deputy Principal Director’s signature is certification that the requirement is valid and the proposed acquisition strategy or approach is in the Government’s best interest.

Signature: ___________________________ ___________________

NAME DATE

TITLE

RECOMMENDING APPROVAL: (DARS 17.503(a))

Signature: _____________________________________ ___________________

HEAD OF THE CONTRACTING ACTIVITY DATE

APPROVAL: (DARS 17.503(a))

Signature: ____________________________________ ___________________

SENIOR PROCUREMENT EXECUTIVE DATE

PART III – FLOW CHART DIAGRAMS FOR THE ECONOMY ACT PROCESSES





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