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Section 1817.7002: Determinations and findings requirements.


(a) Interagency acquisitions shall be supported by a Determination and Finding (D&F) equivalent to that required for Economy Act acquisitions (see FAR 17.503). This requirement applies to all purchases of goods or services under contracts entered into or administered by agencies other than NASA including the Military Departments and Civilian Agencies. The Space Act shall be cited as authority for all NASA interagency acquisitions except that the Inspector General Act shall be cited as the authority for interagency acquisitions for the NASA Office of Inspector General.
(b) To satisfy the D&F requirement identified in FAR 17.503(a)(2), current market prices, recent acquisition prices, or prices obtained by informational submissions as provided in FAR 15.201 may be used to ascertain whether the acquisition can be accomplished more economically from commercial sources.
(c) In addition to the requirements in FAR 17.503, the D&F must identify the period of performance and whether the acquisition is a non-competitive follow-on for the same services from the same servicing agency. (See 1817.7001(b).)
(d) A D&F is required for each individual contract action (see FAR 1.702) and any increase permitted by options (see FAR 17.2).
(e) The determination described in paragraph (a) of this section is not required for contracts awarded under the Space Act to Government agencies pursuant to a Broad Agency Announcement when a review of the acquisition records would make it obvious that the award is not being used as a method of circumventing regulatory or statutory requirements, particularly FAR Part 6, Competition Requirements (e.g., when a significant number and value of awards made under the BAA are made to entities other than Government agencies).

    (f) All D&Fs for a servicing agency not covered by the FAR shall be approved by the Assistant Administrator for Procurement.
    (g) Each D&F, including class D&Fs shall be reviewed by legal (see NFS 1801.770).




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