Limitations
Agencies cannot use interagency contracts to bypass the competition requirements of FAR Part 6.
Overview
FAR 6.002 establishes a clear prohibition against agencies contracting with other agencies as a means to circumvent the competition requirements outlined in FAR Part 6. This section ensures that agencies cannot use interagency agreements or purchases as a loophole to avoid full and open competition or other applicable competition rules. The intent is to maintain the integrity of the competitive procurement process and prevent agencies from bypassing established acquisition procedures by routing procurements through other government entities.
Key Rules
- Prohibition on Avoidance
- Agencies are not permitted to contract for supplies or services from another agency if the purpose is to evade the competition requirements of FAR Part 6.
Responsibilities
- Contracting Officers: Must ensure that any interagency acquisition is not used to avoid competition requirements and must document the rationale for such acquisitions.
- Contractors: Should be aware that agencies cannot use interagency contracts to bypass competition and should report any suspected violations.
- Agencies: Must oversee and enforce compliance with competition requirements, even in interagency transactions.
Practical Implications
- This section exists to close a potential loophole in federal procurement, ensuring all acquisitions are subject to the same competition standards.
- It impacts daily contracting by requiring careful justification and documentation for interagency acquisitions.
- Common pitfalls include failing to document the legitimate need for interagency contracting or using such contracts to avoid competitive procedures.