Guidelines on Contractual Arrangements
2.1 These guidelines apply only to contractual agreements as defined in the contractual policy. “Contractual Agreement” is not a legal term, but an insurance term. This includes agreements with various public sector organizations (including other levels of government and international partners) that include the purchase of goods, services or construction services. They do not apply to agreements (such as service agreements) between federal departments, transfer payment programs, and contracts or agreements that do not involve procurement of any kind. As guidelines, they are not considered mandatory, but they provide TBS advice and interpretations to support the implementation of the Treasury Board Policy on Contracts by departments. Contractual arrangements continue to be reviewed by HLC in comprehensive assessments or at other times of concern as part of HLC`s efforts to ensure continued compliance with the institution`s accreditation practices and criteria. In addition, the U.S. Department of Commerce`s expectations of institutions with respect to contractual arrangements can have a significant impact on Title IV funding. The following information is for general guidance. Institutions planning a change related to a contractual arrangement should contact their HLC staff to confirm that prior approval or notice from HLC is required. When working with other levels of government, the following indicators can help departments determine whether a contractual arrangement is required.
In general, the more indicators there are, the more likely it is that contractual regulation will be necessary. Indicators may include, but are not limited to: (i) appropriate legal powers for contractual action; and Keidi S. Carrington brings a wealth of legal knowledge and business experience to the financial services industry with a particular focus on investment management. She is a former securities auditor at the U.S. Securities & Exchange Commission (SEC) and an associate attorney at State Street Bank & Trust and has advised various investment firms and private investment firms. His work included the development of an investment fund that invested in equity securities of publicly traded real estate investment trusts (REITs) and other listed real estate companies; Establish private equity and hedge funds that help clients raise capital by preparing offer documents, negotiating with potential investors, preparing partnership and LLC agreements, and advising and documenting management agreements; Advising on setting up initial coin offerings (ICOs/token offerings) and advising sec- and government-registered investment advisors on organizational structure and compliance. Ms. Carrington graduated from Johns Hopkins University with a bachelor`s degree in international relations.
She received her Juris Doctor from New England Law | Boston and its LL.M. in Banking and Financial Law from Boston University School of Law. She is admitted to the Massachusetts and New York bars. Currently, his practice focuses on supporting start-ups, small and medium-sized businesses with their legal needs in the areas of corporate law and securities. 17,500 Scope of the paragraph. (a) This subsection establishes policies and procedures that apply to all inter-agency acquisitions under any authority, except as provided in subparagraph (c) of this section. In addition to complying with the inter-agency procurement policies and procedures in this Subsection, non-defence organizations that purchase supplies and services on behalf of the Department of Defence must also comply with the policies and procedures set out in subsection 17.7. (b) This paragraph applies to inter-agency acquisitions, see 2.101 for the definition if: – (1) An organization that requires supplies or services receives them using the contract of another organization; or (2) An agency uses another agency to provide acquisition assistance, for example. B for the award and management of a contract, mission order or supply contract. (c) This subsection does not apply to: -(1) reimbursable inter-agency work performed by federal employees (other than acquisition assistance) or inter-agency activities where the procurement is incidental to the subject matter of the transaction; or (2) orders of $600,000 or less issued under the Federal Supply Schedules.
17,501 General. (a) Inter-agency acquisitions are generally made through supply contracts of indefinite duration, such as.B. Order and supply contracts, executed. The most common perpetual supply contracts used to support interagency procurement are Federal Procurement Schedules (FSS), Government-Wide Procurement Contracts (GCOAs), and Multi-Agency Contracts (MACs). (b) an agency does not use an inter-agency acquisition to circumvent the conditions and restrictions on the use of funds; (c) An inter-agency acquisition is not exempt from the requirements of paragraph 7.3, Contractor versus Government Performance. (d) An agency may not use an inter-agency acquisition to make acquisitions that conflict with the powers or responsibilities of another agency (for example. B that of the Administrator of General Services under Title 40 of the United States Code, “Public Buildings, Property and Works” and 41 U.S.C. Division C of Subtitle I, Procurement.) 17,502 procedures. 17.502-1 General.
(a) Written Agreement on Management and Administration Responsibility – (1) Sustained Acquisitions. (i) Prior to the publication of an application, both the service agency and the applicant organization shall sign a written interinstitutional agreement setting out the terms and conditions governing the relationship between the parties, including roles and responsibilities for procurement planning, contract execution, and the management and administration of contracts or orders. The Requesting Agency shall provide the Service Agency with all applicable terms, conditions and laws, regulations, guidelines and other applicable requirements specific to the Agency for inclusion in the Order or Contract. If there are no clear agency requirements beyond the FAR, the applicant organization shall inform the service agency contractor in writing. For acquisitions made on behalf of the Ministry of Defence, see also subsection 17.7. For patent rights, see 27.304-2. When preparing interagency agreements to support sustained acquisitions, authorities should read the Federal Procurement Policy Office (OTP) guidelines, Interagency Procurement, available at www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/procurement/interagency_acq/iac_revised.pdf. (ii) The file of each agency shall contain the interinstitutional agreement between the applicant body and the regulatory body and shall contain sufficient documents to ensure an appropriate audit in accordance with Article 4.801(b). (2) Direct acquisitions.
The requesting party manages the order; therefore, no written agreement with the service agency is required. b) Business case requirements for multi-agency contracts and government-wide procurement agreements. To enter into a government or government-wide procurement agreement, a business case must be prepared by the service organization and approved in accordance with the OTP business case guidelines available at www.whitehouse.gov/sites/whitehouse.gov/files/omb/procurement/memo/development-review-and-approval-of-business-cases-for-certain-interagency-and-agency-specific-acquisitions-memo.pdf. The business case should – (1) examine strategies for the effective participation of small businesses in procurement planning (see 7,103(u)); (2) describe in detail the management of such a contract, including an analysis of all the direct and indirect costs incurred by the Government for the award and administration of such a contract; (3) Describe the impact that such a contract will have on the government`s ability to use its purchasing power, for example, will have. B does it have a negative impact because it dilutes other existing contracts? (4) include an analysis showing that the establishment of the multi-agency contract is necessary; and (5) Document roles and responsibilities in contract management. 17.502-2 Economic Act. a) The Economy Act (31 U.S.C.1535) authorizes agencies to enter into agreements to receive supplies or services from another agency. FAR applies when an organization uses another organization`s contract to receive supplies or services.
If the inter-institutional transaction does not result in a contract or order, the FAR does not apply. The Economic Law also provides for the power to place orders between important organizational units within an agency; The procedures applicable to such intrainstitutional transactions are dealt with in the Agency`s Rules of Procedure […].
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