41 C.F.R. Subpart 101–25.2—Interagency Purchase Assignments
Title 41 - Public Contracts and Property Management
Source: 29 FR 15991, Dec. 1, 1964, unless otherwise noted.
(a) This subpart prescribes the basic policy for interagency purchase assignments within the executive branch of the Government. It is directly applicable to executive agencies and concerns other Federal agencies in their purchasing from, through, or under contracts made by executive agencies. (b) The term purchase assignment as used in this subpart shall normally be considered to include performance of the following functions: (1) Arranging with requiring agencies for phased submission of requirements and procurement requisitions. (2) Soliciting and analyzing bids and negotiating, awarding, and executing contracts. (3) General contract administration. (4) Arranging for inspection and delivery. (5) Promotion of a maximum practicable degree of standardization in specifications and establishment of Federal Specifications, when possible, in accordance with applicable regulations. (c) Notice of purchase assignments and applicable delegations of authority, made under the provisions of this subpart 101–25.2, shall be furnished to the General Accounting Office by GSA. With their consent or upon direction of the President, executive agencies will be designated and authorized by the Administrator of General Services exclusively, or with specified limited exceptions, to make purchases and contracts on a continuing basis for items or item groups of articles and services for the executive branch of the Government, after due consideration of the following factors, weighted as appropriate: (a) Current or potential predominant use or consumption by a given agency. (b) Availability of funds to carry out the assignment on a Government-wide basis or with limited exceptions. (c) Specialized personnel, or the nucleus of such personnel, regularly employed by the agency, such as scientific, research, and operating technicians, especially qualified or experienced in specification writing, buying, inspecting, testing, using, installing, or operating a particular item or group of items. (d) Custodianship and operation of special facilities such as research and testing laboratories and inspection or testing stations and devices. (e) Actual or potential qualifications and experience of agency purchasing and contracting officials and their operating units with due regard to adequacy of staff. (f) Past experience of the agency in performing services to other agencies on an informal or joint cooperative basis. (g) Relations of the agency with the industry involved. (h) Physical proximity of the agency purchasing office or offices to the requirement-compiling elements of the principal using agencies. (i) Physical location of the agency purchasing office or offices in relation to market areas. (j) Physical proximity of the agency purchasing offices in relation to engineering or design offices, in the interest of speed in processing modifications in design and specifications, and also reviewing bids for specifications compliance. (k) Relative interest of agency heads in receiving the purchase assignment and specific requests of agency heads to do the buying of a given item or group of items on a Government-wide basis. GSA will exclusively, or with specified limited exceptions, make purchases and contracts on a continuing basis for articles and services for the executive branch of the Government in the interest of lower prices, improved quality, and service or standardization when: (a) The item or item groups of articles and services are items of “common-use” which are defined as items of standard commercial production or items covered by Federal Specifications commonly used by both civilian and military activities, or by two or more civilian activities, and not requiring such substantial alterations to adapt them to military or other particular application as to render inclusion in a centralized purchasing program impracticable; or (b) A number of agencies, representing the majority users according to dollar volume, request GSA to make purchases and contracts exclusively for a given item or item groups of articles and services even though not “common-use” items as defined in §101–25.203(a); and (c) GSA is best equipped to do the buying based upon the factors listed in §101–25.202, or must of necessity act as the central purchasing office when other agencies more appropriately suited to make central purchases do not do so and are not so directed by the President; and (d) The head of another executive agency has not been delegated authority by the Administrator of General Services exclusively, or with specified limited exceptions, to make purchases and contracts for prescribed items or item groups of articles and services for the executive branch of the Government in accordance with §§101–25.202 and 101–25.204. (e) GSA has issued appropriate regulations, or a Federal Supply Schedule, specifically designating the item or item groups of articles or services that fall within paragraphs (a), (b), and (c) of this §101–25.203 that are thereafter to be purchased exclusively for all executive agencies, or with specified limited exceptions, by GSA. Designated executive agencies will exclusively, or with specified limited exceptions, make purchases and contracts on a continuing basis for items or item groups of articles and services for the executive branch of the Government in the interest of lower prices, improved quality, and service or standardization when: (a) The Administrator of General Services has determined, based upon the factors listed in §101–25.202, that a selected executive agency is best equipped to perform certain purchasing and contracting functions, and the Administrator of General Services has issued appropriate regulations designating the categories of articles or services complying with paragraphs (a), (b), and (c) of §101–25.203 that are to be purchased exclusively by the named executive agency under authority delegated by the Administrator of General Services; and (b) The head of the designated executive agency has issued appropriate instructions, or a Federal Supply Schedule, under authority as delegated by and in the form approved by the Administrator, specifically designating the item or item groups of articles or services that are thereafter to be purchased exclusively for all executive agencies, or with specified limited exceptions, by the designated executive agency. (a) Upon request, GSA will make purchases and contracts for any of the items or item groups of articles or services authorized to be purchased independently by executive agencies. GSA will also arrange, on a basis mutually agreeable, with any executive agency to perform its purchase and contracting functions on a continuing basis, if requested in writing to do so by the agency head, provided the arrangements agreed upon will result in lowered cost or improved service either to the individual agency or to the Government as a whole. (b) In those instances where lowered cost or improved service, either to an individual agency or to the Government as a whole will result, GSA will arrange, on a basis mutually agreeable to the agencies involved, to assign all or a portion of the purchase and contracting functions of one executive agency to another executive agency on a continuing basis. Items or groups of items of articles or services may be purchased independently by executive agencies, in accordance with regulations of GSA otherwise applicable, when: (a) Not otherwise prescribed in current regulations, or included in mandatory Federal Supply Schedules, issued by GSA or by another executive agency designated by the Administrator of General Services. (b) For emergency requirements when time does not permit purchasing through the authorized central purchasing agency. A record shall be maintained of such transactions and be made available to the responsible central purchasing agency upon request. (c) By consultation between GSA and agencies concerned, it is determined that interagency purchase assignment would adversely affect the national security or military operations. (d) The purchases cannot be publicly disclosed in the interest of national security.
Title 41: Public Contracts and Property Management
PART 101–25—GENERAL
Subpart 101–25.2—Interagency Purchase Assignments
§ 101-25.201 General.
§ 101-25.202 Factors to be used to determine assignment of purchase responsibility.
§ 101-25.203 Centralized purchases by GSA.
§ 101-25.204 Centralized purchases by designated executive agencies under authority delegated by the Administrator of General Services.
§ 101-25.205 Arrangement for performance of purchasing functions other than centralized.
§ 101-25.206 Independent purchases by executive agencies.
