2.  "Direct Acquisition" Definition

Comment: One respondent suggested adding to the current definition of "direct acquisition" the following sentence: "A direct acquisition is also a type of interagency agreement where the servicing agency performs work using their own resources."

One respondent suggested adding the phrase "or through performance that uses the servicing agency's resources" in the text of FAR 17.501(a), after the phrase, "such as task and delivery-order contracts." Further, the respondent recommended, at FAR 17.502-1, adding a subsection (a)(3) to require that, prior to placing an order with another agency, the requesting agency shall make a determination that the servicing agency is able to provide the required supplies or services.

Response: A "direct acquisition," as defined in FAR 2.101(b)(2), is a type of interagency acquisition, not a type of interagency agreement. An interagency agreement establishes general terms and conditions governing the relationship between servicing agencies and requesting agencies as set forth in FAR 17.502-1(b)(1)(i). Interagency acquisitions may be a product of interagency agreements; the two are not the same. An interagency agreement whereby a servicing agency performs work using its own resources is not considered an interagency acquisition under the FAR.

The second respondent's comment relies on the addition of interagency agreements in the definition of direct acquisition, which the Councils did not adopt.

To provide additional clarity that the FAR only covers interagency transactions that result in a contract action, the rule was revised at FAR 17.500 and 17.502-2.