[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR407.503]



[Page 105-106]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 4--DEPARTMENT OF AGRICULTURE

 

PART 407_ACQUISITION PLANNING--Table of Contents

 

             Subpart 407.5_Inherently Governmental Functions

 

Sec. 407.503  Policy.





    (a) HCA's shall establish procedures to ensure that requesting 

activities



[[Page 106]]



provide the written determination required by FAR 7.503(e), when 

submitting requests for procurement of services.

    (b) In the event of a disagreement as to whether the functions to be 

performed are inherently governmental, the HCA may refer the matter to 

the Senior Procurement Executive (SPE) for resolution. When submitting 

disagreements to the SPE for resolution the HCA shall provide a summary 

of the areas of disagreement, supported by the following:

    (1) The HCA's assessment of whether the services are ``inherently 

governmental'';

    (2) The basis for that assessment (include references to the 

definition and policy in FAR subpart 7.5 and/or Office of Federal 

Procurement Policy letter 92-1);

    (3) A copy of the statement of work; and,

    (4) The requesting activity's written determination in accordance 

with FAR 7.503(e).

    (c) Such disagreements shall be resolved prior to issuance of the 

solicitation.



[61 FR 53646, Oct. 15, 1996, as amended at 63 FR 26995, May 15, 1998]