53 Part Memorization Flashcards
What is the FAR?
2,000-page section of U.S. Code of Federal Regulations that lays out all
federal rules and regulations related to contracting
purpose of the Federal Acquisition Regulation System?
to codify and publish
policies and procedures that are uniform and that can be used by all federal agencies for
acquiring supplies and services.
applying the FAR to the acquisition of goods and services is how government funds are?
used effectively to reduce waste and get the best value for federal dollars spent. It also
helps protect federal tax dollars from unethical people and businesses. Think of federal
contracting like driving a vehicle and the FAR as a set of traffic laws. The FAR, like traffic
laws, helps us get where we are going, on time, in the safest and best way possible.
How is the FAR issued?
as Chapter 1 of Title 48 of the Code of Federal Regulations and is
published in two volumes. Volume 1 contains Subchapters A through G, and Volume 2
contains Subchapter H. Each of the eight subchapters deals with a different element of
the acquisition process:
Subchapter A: General (Parts 1–4)
Subchapter B: Acquisition Planning (Parts 5–12)
Subchapter C: Contracting Methods and Types (Parts 13–18)
Subchapter D: Socioeconomic Programs (Parts 19–26)
Subchapter E: General Contracting Requirements (Parts 27–33)
Subchapter F: Special Categories of Contracting (Parts 34–41)
Subchapter G: Contract Management (Parts 42–51)
Subchapter H: Clauses and Forms (Parts 52–53)
Subchapter A
General (Parts 1-4)
Subchapter A of the FAR consists primarily of information about the FAR System itself. It
comprises four FAR parts:
Part 1. Federal Acquisition Regulations System
Part 2. Definitions of Words and Terms
Part 3. Improper Business Practices and Personal Conflicts of Interest
Part 4. Administrative Matters
Part 1
Federal Acquisition Regulations System:
Sets forth the basic policy about
the FAR System and contains general information about its purpose and authority,
the arrangement and numbering of its contents, and the process by which the FAR is
maintained.
Part 2
Definitions of Words and Terms:
Defines the words and terms that are most
frequently used in the rest of the regulation. Definitions in part 2 are incorporated by
reference in solicitations and contracts. It’s important to note that even if a word or term
is defined here in part 2, if an alternate definition for the same word or term is provided
elsewhere in the FAR, the alternate definition applies in the FAR part, subpart, or section
in which it is defined. Part 2 provides cross-references to these alternate definitions.
Part 3
Improper Business Practices and Personal Conflicts of Interest:
Provides
policies and procedures to be used when dealing with the occurrence of improper
business practices and personal conflicts of interest and demonstrates methods for
avoiding them.
Part 4
Administrative Matters:
Refers to the organization and application of rules and
policies related to contract execution, contract distribution, contract reporting, and the
handling of the government’s contract files and of documents submitted by contractors
Subchapter B
Acquisition Planning (Parts 5–12)
SUBCHAPTER B: AT A GLANCE
The work of everyone responsible for an acquisition is coordinated and integrated through a process called acquisition planning, which results in an acquisition plan—a comprehensive plan for fulfilling an agency’s needs in a timely manner and at a reasonable cost. The eight parts of Subchapter B describe this process, including procedures for developing the overall strategy the acquisition team will use to manage the acquisition.
Part 5: Publicizing Contract Actions
Part 6: Competition Requirements
Part 7: Acquisition Planning
Part 8: Required Sources of Supplies and Services
Part 9: Contractor Qualifications
Part 10: Market Research
Part 11: Describing Agency Needs
Part 12: Acquisition of Commercial Items
Part 5
Publicizing Contract Actions:
In most circumstances, agencies are required to make information available to the public about opportunities for contractors to obtain federal contracts, and about contracts that the government has awarded or plans to award. This increases the amount of competition between contractors and broadens industry participation in meeting government needs. FAR part 5 contains policies for publicizing that information and describes some methods of disseminating
Part 6
Competition Requirements:
A crucial requirement for nearly all federal contracting is that all responsible sources be permitted to compete for contract award; this is referred to as full and open competition. FAR part 6 prescribes the policies and procedures for ensuring that competition for contracts, to the maximum extent practicable, is full and open.
It also describes the circumstances where full and open competition is not required and contains special policies for contracting under those conditions.
Part 7
Acquisition Planning:
The FAR outlines the policies for developing an acquisition plan. Referring to this part helps the contracting officer make certain economic decisions about planned acquisitions, such as whether to lease equipment or purchase it, or whether to use commercial or government resources when acquiring supplies or services. Part 7 also discusses inherently governmental functions, which are services that only government agencies, not contractors, can perform.
Part 8
Required Sources of Supplies and Services:
Certain sources of supplies and services are considered mandatory for use by the government in some acquisitions. Agencies are usually required to use their existing supply inventory before acquiring additional supplies, or to acquire excess supply from other agencies. Other mandatory sources include UNICOR (providing products made and services performed by federal prisoners) and AbilityOne (nonprofit agencies employing persons who are blind or have significant disabilities). FAR part 8 lists the mandatory sources of supply and establishes the priority for using them.
Part 9
Contractor Qualifications:
This part contains the policies, procedures, and standards that the government uses to determine whether a prospective contractor is eligible to be awarded a contract.
Because every acquisition is different, it is vital for a contracting officer to understand these rules and to apply them properly and fairly. A prospective contractor that is eligible to provide supplies or services to the government under a federal contract is called a responsible source, and no purchase may be made without a determination of responsibility by the contracting officer. Part 9 also describes actions that may be taken against a contractor in response to contractor misconduct: debarment, suspension, and exclusion, any of which can cause a contractor to be found nonresponsible.
Part 10
Market Research:
This part describes how agencies can collect and analyze information aboutcapabilities within the market to satisty their needs.
These tasks are collectively called market research, and agencies shall use market research to arrive at the most suitable approach (in terms of cost, quality, and timeliness) to acquiring supplies and services.
Part 11
Describing Agency Needs:
This part provides the government with guidelines for clearly stating its requirements for the supplies and services to be acquired. Agencies can do this by selecting, developing, using, and maintaining requirements documents for all acquisitions. The requirements document for an acquisition will contain the functions, performance, or essential characteristics of the item or service the government needs, and will specify acceptable materials, quantities needed, and schedules for delivery.
Part 12
Acquisition of Commercial Items:
The government has a preference for acquiring supplies and services through commercial sources. FAR part 12 establishes special policies for acquiring them, in a way that is more similar to the usual purchase ofitems in the commercial marketplace. Some regulations (like contract acceptance, contract termination, and warranty provisions) are unique to commercial item acquisitions, and some (like terms and conditions for invoicing and payment) must be changed, or tailored, to meet the requirements of acquiring a commercial item. It is important to note that the term commercial item does not always refer to a physical product— commercial services or combinations of items can also be acquired as commercial items.
Subchapter C:
Contracting Methods and Types (Parts 13–18)
Subchapter C contains six FAR parts, and they all deal with choices that the government needs to make before forming a contact: the types of contract to be used, the method of contracting to be employed, and the flexibilities that may be available under the circumstances.
Part 13: Simplified Acquisition Procedures
Part 14: Sealed Bidding
Part 15: Contracting by Negotiation
Part 16: Types of Contracts
Part 17: Special Contracting Methods
Part 18: Emergency Acquisitions
Part 13
Simplified Acquisition Procedures:
The government can reduce its administrative costs, promote efficiency and economy in contracting, and avoid burdening agencies and contractors by employing simplified acquisition. FAR part 13 contains the policies and procedures for its use and identifies acquisitions for which it is appropriate. Unless a mandatory source is required by part 8, or the requirement can be met under an existing or established contract, simplified acquisition procedures shall be used to the maximum practicable extent for all acquisitions under the simplified acquisition threshold.
Part 14
Part 14: Sealed Bidding:
Outlines the use of sealed bidding, a contracting method in which the agency receives bids from prospective contractors, the amounts of which are unknown to the competitors, and publicly opens and evaluates them after a set period of time, awarding the contract to the responsible bidder offering the best value to the government.
Part 15
Contracting by Negotiation:
Contains policies and procedures for contracting by negotiation.
Negotiated acquisitions are all acquisitions not using the sealed-bid process, whether they are sole source or competitive. Part 15 includes techniques for the selection of sources, soliciting and receiving proposals, contract pricing and price negotiation, and award to the prospective contractor offering the best value to the government.
Part 16
Types of Contracts:
Describes different types of contracts available for use: fixed-price, cost-reimbursement, incentive, indefinite-delivery, time-and-materials, labor-hour, and Letter contracts; and basic agreements, as well as various subtypes of each of these. Selecting contract type is one of the contracting officer’s most important responsibilities; each type of contract involves a different degree of risk to the buyer and to the seller, as well as a different opportunity for profit.
Part 17
Special Contracting Methods:
In some cases, the government may acquire supplies or services without a need for public solicitation, such as by exercising an option in an existing contract, or by acquiring them from another government agency. FAR part 17 describes these and other special contracting methods.
Part 18
Emergency Acquisitions:
Certain flexibilities are available to federal agencies that allow them to make needed acquisitions quickly during an emergency. Most of these flexibilities are specified elsewhere in the FAR, and part 18 provides them in summary form with cross-references to the FAR subparts that prescribe them. Flexibilities may be used in the event of a declaration of national emergency by the president, or in support of military operation or defense against or recovery from cyber, nuclear, biological, chemical or radiological attack.
