FAR Part 1

The Federal Acquisition Regulation System

Purpose

• The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies.

• The “System” consists of:– The FAR– Agency supplements (DFAR etc.)

• Does not include internal agency guidance such as policy

What the FAR Does

• Codifies and disseminates Federal acquisition policy and procedures

• Provides a uniform set of procedures for all executive branch agencies

• Fulfils public policy objectives– Socio-economic – Promotion of small businesses

How is the FAR Published

• Daily issue of the Federal Register– Principally used to publish new or changed

information– Proposed changes published as “FAR cases”

pending public comment and approval• Culminated form in the Code of Federal

Regulations• Electronically at acquisition.gov or other

government web sites

FAR Conventions• Words and terms:

– Words or terms given a special meaning are defined in Part 2 and apply to the entire FAR (i.e., are ‘global’ in their meaning)

– Some words and terms may be of limited application and are defined in specific FAR parts, in which case they apply only to that part.

• Delegation of Authority• Dollar thresholds. Where needed specific dollar thresholds may be set for

specific actions or policies in which case they apply to the anticipated final dollar value of the contract action inclusive of all options.– Changes updated every 5 years to account for inflation with some exceptions

• FAR changes may be applied to existing contracts with the proviso that appropriate consideration be made

• Imperative voice. When an imperative sentence directs action, the contracting officer is responsible for that action unless another person is expressly cited. (e.g., sentences using shall or will)

Maintenance of the FAR

• Two councils responsible for revisions:– Defense Acquisition Regulation (DAR) Council– Civilian Agency Acquisition (CAA) Council

• Chaired by:– DAR Representative of Sec Def– CAA Representative of the Administrator of General Services

• FAR Secretariat. The GSA is responsible for establishing and operating the Secretariat to print, publish and distribute the FAR through the Code of Federal Regulations– Includes a loose-leaf edition with periodic updates– Also provides a synopsis of current FAR cases and status

Agency Acquisition Regulations

• As previously stated, agencies may issue or authorize supplemental or implementing regulations to the FAR

• Supplements are limited to those needed to implement FAR guidance within the agency

• May contain unique or agency specific solicitation provisions or contract clauses

Deviations from the FAR• Deviations (such as waiving a requirement or conducting

acquisition actions in a manner different from that described in the FAR) may be granted to meet the needs of the agency.

• Deviations are limited by the underlying law which still must be observed

• Two types of deviations – Individual. Unique to one contract action. May be approved by agency

head.– Class. Affect more than one contract action. Consideration should be

given to making it a FAR revision. Approved by agency head with consultation or as per the DFAR.

• Deviations may be required so as to comply with treaty or executive agreement.

Contracting Officers

• Have authority to enter into, administer or terminate contracts or make related determinations and findings

• Authority is limited to that delegated to them– Appointment made via SF1402 Certificate of appointment– Authority terminated by letter or expiration of certificate.

• No contract shall be entered into unless the CO ensures all requirements of law, executive orders, regulations, and other applicable procedures (including clearances and approvals) have been met.

CO Responsibility

• Ensure all legal and regulatory requirements have been met and sufficient funds are available for obligation

• Ensure contractors receive impartial and fair treatment

• Request advice from experts (legal etc.)• Designate and authorize Contracting Officer’s

Representatives where needed

Ratification of Unauthorized Commitments

• “Unauthorized commitment” is an agreement that is not binding on the government because it was made by a person lacking the capacity to enter into that agreement on behalf of the government

• “Ratification” is the act of approving an unauthorized commitment• Agencies should take positive action to preclude the need for ratification• The head of an contracting activity (unless a higher level is specified) may

approve an unauthorized commitment if:– Supplies or services have been provided and accepted resulting in a benefit to

the government– The ratifying official has the authority to do so– The resulting contract would have been proper if made by an authorized CO– Fair and reasonable price– Funds available

• Non-ratifiable commitments refered to GAO as a claim

Determinations and Findings

• A D&F is a special form of of written approval required by statute or regulation before taking certain actions– Determination is a conclusion– Findings are facts supporting the conclusion

• D&F is usually for a single contract although “class” D&Fs may be issued

• D&F must set forth enough facts and circumstances to to justify the conclusion (determination) being made

• Content and format are as per FAR 1.704