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e-CFR data is current as of August 11, 2020

Title 48Chapter 4Subchapter B → Part 407


Title 48: Federal Acquisition Regulations System


PART 407—ACQUISITION PLANNING


Contents

Subpart 407.1—Acquisition Plans

407.103   Agency-head responsibilities.
407.170   Advance acquisition plans.

Subpart 407.3 [Reserved]

Subpart 407.5—Inherently Governmental Functions

407.503   Policy.

Authority: 5 U.S.C. 301 and 40 U.S.C.

Source: 61 FR 53646, Oct. 15, 1996, unless otherwise noted.

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Subpart 407.1—Acquisition Plans

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407.103   Agency-head responsibilities.

Heads of Contracting Activities (HCA's) shall develop procedures to comply with FAR 7.103.

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407.170   Advance acquisition plans.

Each HCA shall maintain an advance acquisition planning system.

[70 FR 45, Jan. 3, 2005]

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Subpart 407.3 [Reserved]

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Subpart 407.5—Inherently Governmental Functions

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407.503   Policy.

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

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