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Purchasing For State Governments

By joel hoffman on Tuesday, March 14, 2000 - 08:24 pm:

For information on authorized Corps of Engineers "Support for Others" programs and authorities, you can go to

"http://www.usace.army.mil/inet/functions/cw/cecwa/digest/c23cwix.doc"

Happy Sails! Joel


By John Ford on Tuesday, March 14, 2000 - 02:15 pm:

There is specific statutory authority for Federal agencies to provide certain types of assistance to the DC government. There is also statutory authority for Federal agencies to provide certain support, such as training, to state and local governments. But buying equipment is problematic.
The Corps of Engineers, through its civil works side may be able to do construction work for state and local governments. Whether that extends to buying equipment may be an issue.


By Mike Love on Monday, March 13, 2000 - 02:23 pm:

I do not know the authorities used but a group in HHS has helped the DC government with procurements as has the Corps of Engineers. The Corps is also working for the LA school district I think.

Hope this helps.

Mike


By John Ford on Monday, March 13, 2000 - 10:59 am:

Bob, there are a few Federal activities that have authority to do business with anyone, including state governments. These activities are generally found in DoD. They were formerly known as Industrial Funded Activities but are now known as Working Capital Funded Activities. Sorry, but I cannot tell you where to find a WCF that might fill your needs. Perhaps the Defense Finance and Accounting Service might be able to help you identify the appropriate one.


By Vern Edwards on Friday, March 10, 2000 - 10:47 am:

Bob:

I do not think that most Federal agencies have the authority to conduct procurements on behalf of state governments.

First, the agency would have to be authorized by Congress to do so. The Economy Act, 31 U.S.C. § 1535, authorizes Federal agencies to make buys for other Federal agencies under certain circumstances, but it makes no mention of state governments. See FAR Subpart 17.5, Interagency Acquisitions Under the Economy Act.

(Other than the possibility of a specific Congressionally-approved program, I don't know of any agency that has general authority to conduct procurements for state governments. Maybe someone else out there does know.)

Second, Federal agencies may have difficulty processing your funding through their accounting systems (although this problem could probably be solved).

Finally, there was an attempt in Congress to authorize state governments to use GSA Federal Supply Schedules, but my recollection is that it was rejected because of complaints from the private sector.

You may find that a contractor to the U.S. government -- someone with a GSA schedule contract or a GWAC or MAAC or other contract -- is willing to give you the same prices and terms as it gives the Federal government, but only under your own purchase order. As Joel said, those may not be the best available terms.


By joel hoffman on Friday, March 10, 2000 - 09:28 am:

Bob, as far as I know, the FAR is only applicable for "acquisitions" using appropriated funds, unless otherwise specified by law or separate regulation. See definitions in Part 2.101.

For instance, most of the FAR is not applicable to "non-appropriated funds activities."

Why does the State want to use the Agency to purchase equipment? Once I came to work for the Feds, I discovered FED purchases are often more expensive than when I worked for a City and in private practice. The social requirements in our contracts drive up costs. Happy Sails! Joel


By Bob Moyer on Friday, March 10, 2000 - 09:02 am:

Is it possible for a state government to use the services of a federal agency (say DOD) to purchase equipment if they fund the agency?

I have a feeling the answer is no, because we are attempting to use federal acquisition rules and regualtions for state government use.

I could not find an answer in the FAR. How about if its only purchasing from GSA schedules?  

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