17.502 General.

(S-90) Reimbursable supplies and services provided to DISA by another agency may require a Determination and Finding (D&F) or a Support Agreement (DD Form 1144) to support the Economy Act order (see DFARS Subpart 217.500(b), DoDI 4000.19, "Interservice and Intragovernmental Support," and DISAI 640-50-6, "Interservice and Intragovernmental Support," for more information regarding Support Agreements (SAs)).

(S-91) Authority to acquire under this subpart on behalf of DISA typically involves Military Interdepartmental Purchase Requests (MIPRs), DD Form 448, or "Reimbursable Agreement/Order for Services between Federal Agencies" (ROs), DISA Form 125. (NOTE: This subpart does not apply to MIPRs coded "MZ" used to transfer funds within DISA. See DARS Subpart 208.7005 for MIPR/RO policy).

(S-92) The Head of Contracting Office (HCO) is the point of contact for all Economy Act D&Fs under this subpart. See DARS Subpart 17.503, Tables 17-1 & 17-2 for D&F concurrence/approval authorities. In addition, the HCO will ensure the requirements office conducted market research to include reviewing and researching existing DISA contracts to determine their applicability to fulfill the customer's requirements. By approving the Economy Act D&F, the HCO, HCA, or SPE deemed another agency's contract to be a reasonable alternative and in the best interest of the Government.

(S-93) The Chief Financial Executive/Comptroller (CFE) is the POC for all SAs, Memoranda of Understanding (MOU), Memorandum of Agreement (MOA), and similar agreements. See DISAI 640-50-6 for required coordination and approval for SAs.

(S-94) The requirements office should determine Economy Act applicability in the initial stages of the acquisition planning process. Appendix C, Part -I, "Considerations for Determining Economy Act Applicability" provides Economy Act D&F/SA applicability, exemptions, agencies not covered by the FAR, as well as Economy Act applicability for Multi-Agency-Contracts (MACs) and Government-wide Acquisition Contracts (GWACs).

(S-95) The following methods are available for procuring supplies or services from agencies, both within and outside DoD.

(1) Interservice Support: Obtaining reimbursable support from within DoD.

(i) Economy Act order, with D&F, when obtaining single item or a one-time purchase of supplies and services.

(ii) SA, pursuant to DoDI 4000.19, when obtaining recurring supplies or services. In these cases the following language must be included in the agreement to meet the D&F requirements established by FAR Subpart 17.503.

"This agreement is consistent with and entered into under the statutory authority of the Economy Act (31 U.S.C.§ 1535). The Determination and Finding requirements outlined in FAR Subpart 17.503 are hereby satisfied by this agreement."

(2) Intragovernmental Support: Obtaining reimbursable support from outside DoD.

(i) Economy Act Order, with D&F, when obtaining single item or a one-time purchase of services and supplies.

(S-96) The D&F determination shall be consistent with the statutory authority of the Economy Act (31 U.S.C.§ 1535), and incorporated into the Agreement or D&F/Economy Act requirements as outlined in FAR Subpart 17.503 as follows:

(1) Use of this interagency acquisition is in the best interest of the Government and the supplies and or services cannot be obtained as conveniently or economically by contracting directly with a private source.

(2) If the agreement requires a contracting action by the servicing agency, it must include one of the following statements as applicable:

(i) The acquisition will appropriately be made under an existing contract of (insert name of servicing agency), entered into before placement of the order, to meet the requirements of (insert name of servicing agency), for the same or similar supplies and or services; or

(ii) (Insert name of the servicing agency) has capabilities or expertise to enter into a contract for such supplies and or services not available within DISA; or

(iii) (Insert name of the servicing agency) is specifically authorized by law or regulation to purchase such supplies and or services on behalf of other agencies.

(3) A D&F is required, unless--

(i) Another statutory authority may be used in lieu of an Economy Act determination. The Federal Franchise Fund Program is a statutory program established under the Government Management Reform Act of 1994 (Public Law 103-356, 108 STAT.3413 Sec.403). Franchise Programs are currently in place in six different executive agencies and departments, e.g., Commerce, Environmental Protection Agency, Health and Human Services, Interior, Treasury, and Veteran Affairs. These Franchise Fund Programs utilize a competitive process and are designed to provide common administrative support services. Another statutory authority that may be used in lieu of the Economy Act is FAR Part 8, Required Sources of Supplies and Services. NOTE: DISA restricts the use of an Economy Act D&F to acquire supplies and or services by using the General Service Administrations' Federal Supply Schedule Program.

(ii) The support is provided via Government Wide Acquisition Contract (GWAC).

(NOTE: D&F required for MACs; or see other examples of exemptions located in Appendix C.)

(iii) The support is for a micro-purchase defined in FAR Subpart 2.101.

(iv) A SA is executed.

(4) A S A is required unless--

(i) A statutory authority other than the Economy Act authorizes supplies and or services;

(ii) A single item or one-time service is obtained;

(iii) An intragovernmental sale is specifically directed or authorized by law; or

(iv) The sale is for Defense Working Capital Fund (DWCF) mission products and services.

(S-97) IT and NSS Reporting Requirements. When acquiring information technology (IT), including National Security Systems (NSS) if the amount exceeds the thresholds in DARS Subpart 39.101(S-93), apply the Office of the Assistant Secretary of Defense for Networks and Information Integration (OASD (NII)) reporting requirements specified in that section.