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    Is the 'Determination of best procurement approach' referenced at FAR 17.502-1(a) required to be documented using an official determination and findings (D&F) format? Or would the use of an MFR addressing the items at FAR 17.502-1(a)(1)(I), (ii), and (iii) be sufficient?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting officer and/or legal department as appropriate. 

     

    "FAR 17.502-1

     (a) Determination of best procurement approach—

                   (1) Assisted acquisitions. Prior to requesting that another agency conduct an acquisition on its behalf, the requesting agency shall make a determination that the use of an interagency acquisition represents the best procurement approach. As part of the best procurement approach determination, the requesting agency shall obtain the concurrence of the requesting agency's responsible contracting office in accordance with internal agency procedures."

     

    What the FAR requires is further outlined, but it states that it is to be accomplished "...in accordance with internal agency procedures."

     

    "DFARS PGI 217.5—INTERAGENCY ACQUISITIONS PGI 217.502 Procedures.

    PGI 217.502-1 General.

    (a)  Determination of best procurement approach—

                   (1)  Assisted acquisitions. When the contracting activity of one DoD Component provides acquisition assistance to deployed units or personnel from another DoD Component, the servicing Contracting Officer shall obtain, from the requiring unit or personnel, the best procurement approach determination required by FAR 17.502-1(a)(1), which shall be documented on the DD Form 1144, Support Agreement (see template at http://www.acq.osd.mil/dpap/pacc/cc/resources.html)."

     

    "The DD 1144 is used to document the determinations required by the Economy Act and to provide DTIC the documentation necessary to request reimbursable authority from the DoD Comptroller.  It is a written estimate of the work to be accomplished and the provisions for paying for the work. '" (from http://iac.dtic.mil/1144.html)

     

    "AFARS 5117. 502-1 General.

    (a) Determination of best procurement approach.

                   (i) The requiring activity is responsible for making the determination required by FAR 17.502-1(a). A Government official who is of a grade not lower than O-6 or GS-15 and is assigned to the requiring activity approves the determination. The requiring activity obtains prior concurrence of the determination in accordance with paragraph (a)(ii) of this subsection."

     

    AFARS subpart 5117.5 provides other information as well, but none expresses a specific format to be used.  If your command does not have a specific format to use, you may be able to create one the command can take as its standard.

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