Public Comments 2008-D005-D.Mansfield

To whom it may concern: I believe that the final rule needs to include a definition of “Governmentwide acquisition contract”, which appears in the definition of “Direct acquisition”, that is specific to subpart 217.78. The term has a specific definition in the statute that differs from the definition at FAR 2.101. Here is the definition from the statute (Section 801, paragraph (f)(3)): (3) GOVERNMENT-WIDE ACQUISITION CONTRACT- The term `government-wide acquisition contract' means a task or delivery order contract that-- (A) is entered into by a non-defense agency; and (B) may be used as the contract under which property or services are procured for one or more other departments or agencies of the Federal Government. Here is the definition at FAR 2.101: “Governmentwide acquisition contract (GWAC)” means a task-order or delivery- order contract for information technology established by one agency for Governmentwide use that is operated— (1) By an executive agent designated by the Office of Management and Budget pursuant to 40 U.S.C. 11302(e) <http://uscode.house.gov/uscode-cgi/fastweb.exe? getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840% 29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20> ; or (2) Under a delegation of procurement authority issued by the General Services Administration (GSA) prior to August 7, 1996, under authority granted GSA by former section 40 U.S.C. 759 <http://uscode.house.gov/uscode-cgi/fastweb.exe? getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840% 29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20> , repealed by Pub. L. 104-106. The Economy Act does not apply to orders under a Governmentwide acquisition contract. [Italics added] As you can see, the FAR definition is more specific. If the term is not defined differently in the final rule, some may interpret the requirements at DFARS 217.7802 (b) as being applicable to “Governmentwide acquisition contracts” as that term is defined at FAR 2.101. Donald E. Mansfield