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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: May 23, 2000

FROM: Barry McVay, CPCM

SUBJECT: Federal Acquisition Regulation (FAR); Executive Agent

SOURCE: Federal Register, May 23, 2000, Vol. 65, No. 100, page 33427

AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

ACTION: Withdrawal of Proposed Rule

SYNOPSIS: The proposed rule published August 12, 1999, that would have amended FAR Subpart 17.5, Interagency Acquisitions Under the Economy Act, to add another example of an interagency acquisition that is not subject to the Economy Act, is withdrawn because it is not necessary.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph De Stefano, Procurement Analyst, 202-501-1758.

SUPPLEMENTAL INFORMATION: The Economy Act prescribes procedures by which an agency needing supplies or services obtains them from another agency. This proposed rule would have amended paragraph (b) of FAR 17.500, Scope of Subpart, to add another example of an interagency acquisition that is not subject to the Economy Act to the current example, which is "acquisitions from required sources of supplies prescribed in Part 8 [Required Sources of Supplies and Services], which have separate statutory authority". The new example would have been "acquisitions of information technology from agencies designated by OMB [Office of Management and Budget] as executive agents under the authority of Pub. L. 104-106, Section 5112(e) (40 U.S.C. 1412(e))." (EDITOR'S NOTE: Public Law 104-106 is the Clinger-Cohen Act, and Section 5112 of that act authorizes the OMB director to designate "one or more agency heads as executive agent for government-wide acquisitions of information technology.") However, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have decided this proposed rule is unnecessary, so it is withdrawn.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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