Far Flashcards
What is the FAR system?
Acquisition
Agency supplement and implement
The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies.
What is the vision for federal acquisition? Re: FAR 1.102(a)
P2OT TIME AND VALUE
The vision for the Federal Acquisition System is to deliver on a timely basis the best value product or service to the customer, while maintaining the public’s trust and fulfilling public policy objectives. Participants in the acquisition process should work together as a team and should be empowered to make decisions within their area of responsibility.
What are the guiding principles? FAR 1.102 (b)
cost, quality, and timeliness
commercial product use
successful past performance
admin cost decrease
integrity, fairness, and openness Fulfill public policy objectives
(1) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service by, for example— (i) Maximizing the use of commercial products and services; (ii) Using contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform; and
(iii) Promoting competition;
integrity, fairness, and openness Fulfill public policy objectives
Who is on the acquisition team and what are their roles? 1
PIBJ
SNAC
The Acquisition Team consists of all participants in Government acquisition including not only representatives of the technical, supply, and procurement communities but also the customers they serve, and the contractors who provide the products and services. Re: FAR 1.102(c)
Who is on the acquisition team and what are their roles? 2
PIBJ
SNAC
•The role of each member of the Acquisition Team is to exercise personal initiative and sound business judgment in providing the best value product or service to meet the customer’s needs. Re: FAR 1.102(d)
Who is on the acquisition team and what are their roles? 3
PIBJ
SNAC
•Government members of the Team must be empowered to make acquisition decisions within their areas of responsibility, including selection, negotiation, and administration of contracts consistent with the Guiding Principles. In particular, the contracting officer must have the authority to the maximum extent practicable and consistent with law, to determine the application of rules, regulations, and policies, on a specific contract. Re: FAR 1.102-4(a)
Can you do something not specifically required or allowed by the FAR? 1
FAR, nor prohibited by law (statute or case law), Executive order or other regulation and use PIBJ
FAR, nor prohibited by law (statute or case law), Executive order or other regulation, Government members of the Team should not assume it is prohibited. Team to innovate and use sound business judgment
Re: FAR 1.102-4(e)
Can you do something not specifically required or allowed by the FAR? 2
Deviations from the FAR may be granted when necessary to meet the specific needs and requirements of each agency. The development and testing of new techniques and methods of acquisition should not be stifled simply because such action would require a FAR deviation. FAR 1.4
Can you do something not specifically required or allowed by the FAR? 3
inconsistent with the FAR.
contract clause when its prescription requires its use.
contract clause with modified or alternate
language that is not authorized by the FAR.
•“Deviation” means any one or combination of the following: –The issuance or use of a policy, procedure, solicitation provision, contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR. –The omission of any solicitation provision or contract clause when its prescription requires its use.
–The use of any solicitation provision or contract clause with modified or alternate language that is not authorized by the FAR.
FAR 1.4
Can you do something not specifically required or allowed by the FAR? 4
•There are two types of deviations. An individual deviation may be issued for one specific contract action or a class deviation for a class of contract actions. Re: FAR 1.4
How is the FAR arranged? 1
The FAR is divided into subchapters, parts (each of which covers a separate aspect of acquisition), subparts, sections, and subsections. Re: FAR 1.105-2(a)
•This regulation may be referred to as the Federal Acquisition Regulation or the FAR. Re: FAR 1.105-2(c)(2)
How is the FAR arranged? 2
•Example: 9.106-4(d) –Part would be “FAR Part 9”. –Subpart would be “FAR Subpart 9.1”. –Section would be “FAR 9.106”. –Subsection would be “FAR 9.106-4”. –Paragraph would be “FAR 9.106-4(d)”.
FAR conventions 1
Definitions in Part 2 apply to the entire regulation unless specifically defined in another part, subpart, section, provision, or clause. Words or terms defined in a specific part, subpart, section, provision, or clause have that meaning when used in that part, subpart, section, provision, or clause. Undefined words retain their common dictionary meaning. Re: FAR 1.108(a)
FAR conventions 2
Definitions in Part 2 = entire regulation unless specifically defined in another part
specific dollar threshold for the purpose of applicability is the final anticipated dollar value of the action, including the dollar value of all options
FAR changes on date or after
imperative sentence directs action
•Unless otherwise specified, a specific dollar threshold for the purpose of applicability is the final anticipated dollar value of the action, including the dollar value of all options. If the action establishes a maximum quantity of supplies or services to be acquired or establishes a ceiling price or establishes the final price to be based on future events, the final anticipated dollar value must be the highest final priced alternative to the Government, including the dollar value of all options. Re: FAR 1.108(c)
FAR conventions 3
Definitions in Part 2 = entire regulation unless specifically defined in another part
specific dollar threshold for the purpose of applicability is the final anticipated dollar value of the action, including the dollar value of all options
FAR changes on date or after
imperative sentence directs action
- FAR changes apply to solicitations issued on or after the effective date of the change. Re: FAR 1.108(d)(1)
- When an imperative sentence directs action, the contracting officer is responsible for the action, unless another party is expressly cited. Re: FAR 1.108(f)
What are “threshold adjustments”? 1
adjusts all statutory acquisition-related
dollar thresholds in the FAR for inflation, except:
Davis-Bacon Act Service Contract Act of 1965 United States Trade Representative pursuant to the authority of the Trade Agreements Act of 1979.
calculated every 5 years by cpi
FAR Council periodically adjusts all statutory acquisition-related dollar thresholds in the FAR for inflation, except:
–thresholds established by the Davis-Bacon Act, the Service Contract Act of 1965, or the United States Trade Representative pursuant to the authority of the Trade Agreements Act of 1979.
What are “threshold adjustments”? 2
adjusts all statutory acquisition-related
dollar thresholds in the FAR for inflation, except:
Davis-Bacon Act Service Contract Act of 1965 United States Trade Representative pursuant to the authority of the Trade Agreements Act of 1979.
calculated every 5 years by cpi
•This adjustment is calculated every 5 years, starting in October 2005, using the Consumer Price Index (CPI) for all-urban consumers.
What are “threshold adjustments”? 3
adjusts all statutory acquisition-related
dollar thresholds in the FAR for inflation, except:
Davis-Bacon Act Service Contract Act of 1965 United States Trade Representative pursuant to the authority of the Trade Agreements Act of 1979.
calculated every 5 years by cpi
•A matrix showing calculation of the most recent escalation adjustments of statutory acquisition-related dollar thresholds is available via the Internet at http://www.regulations.gov.
Re: FAR 1.109
How is the FAR maintained? 1
NASA SECDEF GSA ADMIN
The FAR is prepared, issued, and maintained by the Secretary of Defense, the Administrator of General Services, and the Administrator, National Aeronautics and Space Administration.
Re: FAR 1.103(b)
How is the FAR maintained? 2
FEDERAL REGISTER DAILY
CODE OF FEDERAL REGS (CFR)
PAPER
•The FAR is published in—
(1) The daily issue of the Federal Register;
(2) Cumulated form in the Code of Federal Regulations (CFR); and
(3) A separate loose-leaf edition.
Re: FAR 1.105-1
How is the FAR maintained? 3
DAR COUNCIL CAA COUNCIL
•The FAR is maintained by the Defense Acquisition Regulations Council (DAR Council) and the Civilian Agency Acquisition Council (CAA Council)
Re: FAR 1.201-1(a)
How is the FAR maintained 4
RSC
PRS
Each council shall be responsible for—
(1) Agreeing on all revisions with the other council;
(2) Submitting to the FAR Secretariat the information required for publication in the Federal Register of a notice soliciting comments on a proposed revision to the FAR;
How is the FAR maintained 5
RSC
PRS
(3) Considering all comments received in response to notice of proposed revisions;
(4) Arranging for public meetings;
How is the FAR maintained 6
RSC
PRS
(5) Preparing any final revision in the appropriate FAR format and language; and
(6) Submitting any final revision to the FAR Secretariat for publication in the Federal Register and printing for distribution
How is the FAR maintained 7
GSA ADMIN GOES TO CFR
The General Services Administration is responsible for establishing and operating the FAR Secretariat to print, publish, and distribute the FAR through the Code of Federal Regulations system (including a loose-leaf edition with periodic updates).
•Additionally, the FAR Secretariat shall provide the two councils with centralized services for—
How is the FAR maintained 8
CURRENT STATUS
FILE KEEPER AND MAINTANANCE
CONTEMPLATED CASE REVIEW
(1) Keeping a synopsis of current FAR cases and their status;
(2) Maintaining official files;
(3) Assisting parties interested in reviewing the files on completed cases; and
(4) Performing miscellaneous administrative tasks pertaining to the maintenance of the FAR.
Re: 1.201-2
How do agencies and the public participate in setting acquisition policies and procedures 1
WRITTEN SIG REVISIONS 30 TO 60 DAY COMMENTS
Views of agencies and nongovernmental parties or organizations will be considered in formulating acquisition policies and procedures.
•The opportunity to submit written comments on proposed significant revisions shall be provided by placing a notice in the Federal Register. A minimum of 30 days and, normally, at least 60 days will be given for the receipt of comments.
How do agencies and the public participate in setting acquisition policies and procedures2
NO SIG REVISIONS NO SOLICITED COMMENTS
CAN CONSIDER UNSOLICITED RECOMMENDATIONS
- Comments need not be solicited when the proposed coverage does not constitute a significant revision.
- Consideration shall also be given to unsolicited recommendations for revisions that have been submitted in writing with sufficient data and rationale to permit their evaluation.
How do agencies and the public participate in setting acquisition policies and procedures 3
PUBLIC MEETINGS TO adopt, amend, or delete FAR coverage
•Public meetings may be appropriate when a decision to adopt, amend, or delete FAR coverage is likely to benefit from significant additional views and discussion.
Re: FAR 1.5
How do agencies and the public participate in setting acquisition policies and procedures? 4
Agencies may issue agency acquisition regulations that implement or supplement the FAR and incorporate, together with the FAR, agency policies, procedures, contract clauses, solicitation provisions, and forms that govern the contracting process.
How do agencies and the public participate in setting acquisition policies and procedures? 5
AGENCY REGS SUBORDINATE AND FOR INTERNAL OPERATING PROCEDURES
Agency acquisition regulations shall not—
Unnecessarily repeat, paraphrase, or otherwise restate material contained in the FAR or higher-level agency acquisition regulations; or
Conflict or be inconsistent with FAR content.
Agency acquisition regulations are published for comment in the Federal Register when they have a significant effect beyond the internal operating procedures of the agency or have a significant cost or administrative impact on contractors or offerors.
What are the Contracting Officer’s 1
authorities and responsibilities? (cont’d)
POWER INVESTED IN AGENCY HEAD
CO ENTER CONTRACTS
CO enters into, administer, or terminate contracts and d&f and bind contracts
Authority and responsibility to contract for authorized supplies and services are vested in the agency head.
Contracts may be entered into and signed on behalf of the Government only by contracting officers.
Contracting officers have authority to enter into, administer, or terminate contracts and make related determinations and findings. Contracting officers may bind the Government only to the extent of the authority delegated to them. Contracting officers shall receive from the appointing authority clear instructions in writing regarding the limits of their authority. Information on the limits of the contracting officers’ authority shall be readily available to the public and agency personnel.
What are the Contracting Officer’s 2
authorities and responsibilities? (cont’d)
CO MUST CHECK law, EO, regs, procedures, including clearances and approvals
No contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.
Re: FAR 1.6
What are the Contracting Officer’s 3
authorities and responsibilities? (cont’d)
CO ENSURES PERFORMANCE AND TERMS AND CONDITIONS
Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In order to perform these responsibilities, contracting officers should be allowed wide latitude to exercise business judgment.
What are the Contracting Officer’s 4
authorities and responsibilities? (cont’d)
CO CHECKS 1.602-1(b) AND SUFFICIENT FUNDS AVAILABLE
Ensure that contractors receive impartial, fair, and equitable treatment; and
Contracting officers shall—
Ensure that the requirements of 1.602-1(b) have been met, and that sufficient funds are available for obligation;
Ensure that contractors receive impartial, fair, and equitable treatment; and
What are the Contracting Officer’s 5
authorities and responsibilities? (cont’d)
CO GETS advice of specialists in audit, law, engineering, information security, transportation, and other fields, as appropriate.
“Ratification,” Means the act of approving an unauthorized commitment
Request and consider the advice of specialists in audit, law, engineering, information security, transportation, and other fields, as appropriate.
“Ratification,” as used in this subsection, means the act of approving an unauthorized commitment by an official who has the authority to do so.
Re: FAR 1.6
What are the Contracting Officer’s 6
authorities and responsibilities? (cont’d)
COR GOVT EMPLOYEE AND W CERTIFICATIONS AND TRAINED
The contracting officer is required to designate and authorize, in writing, a contracting officer’s representative (COR) to assist in the technical monitoring or administration of contracts and orders other than those that are firm-fixed price, and for firm-fixed-price contracts and orders, as appropriate. A COR must be: a government employee, unless otherwise authorized in agency regulations qualified by training and experience commensurate with the responsibilities to be delegated certified and maintain certification
What are the Contracting Officer’s 7
authorities and responsibilities? (cont’d)
COR CANT BIND OR CHANGE $ Q2, DELIVERY OR T AND C
The COR has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract
Re: FAR 1.604
What is a “D&F” and when is it needed? 1
DETERMINATION “The conclusion” or “the decision supported by the findings
FINDINGS Statements of fact or rational essential to support the determination.
Must cover each requirement of the statue or regulation.
“Determination and Findings” means a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions. The “determination” is a conclusion or decision supported by the “findings.’’ The findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation.
What is a “D&F” and when is it needed? 2
Identification of agency, contracting office and document as a D&F
Nature/description of the action being approved
Citation of appropriate statue/regulation
Findings that detail the particular circumstances
Determination that the action is justified
Expiration date (if required)
Signature or authorized official and date
OPTIONS NEED QUANTITY
Requirements for specific types of D&F’s can be found with the appropriate subject matter.
When an option is anticipated, the D&F shall state the approximate quantity to be awarded
initially and the extent of the increase to be permitted by the option.
A class D&F provides authority for a class of contract actions. A class may consist of contract actions for the same or related supplies or services or other contract actions that require essentially identical justification.
What is a “D&F” and when is it needed? 3
A D&F can go into a Justification and Approval (J&A) when doing other than full and open competition or any J&A depending on the Contracting Officer [FAR 6.303-2 (7)]
Interagency Acquisitions under the Economy Act (FAR 17.503)
Providing Facilities (FAR 45.302-1, DFAR 245.302-1)
Sole source contracts, Options and Modifications.MOS
Each D&F shall set forth enough facts and circumstances to clearly and convincingly justify
the specific determination made.
When a D&F is required, it shall be signed by the appropriate official in accordance with agency regulations. Authority to sign or delegate signature authority for the various D&F’s is as shown in the applicable FAR part.
Re: FAR 1.7
2.101 Definitions 1
PART 2 DEFINES
A word or a term, defined in this section, has the same meaning throughout this regulation (48 CFR Chapter 1), unless—
The context in which the word or term is used clearly requires a different meaning; or
2.101 Definitions 2
OTHER PARTS DEFINITION CAN CHANGE
Another FAR part, subpart, or section provides a different definition for the particular part or portion of the part.
2.101 Definitions 3
If a word or term that is defined in this section is defined differently in another part, subpart, or section of this regulation (48 CFR Chapter 1), the definition in—
This section includes a cross-reference to the other definitions; and
That part, subpart, or section applies to the word or term when used in that part, subpart, or section.
Acquisition
“Acquisition” means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract.
Acquisition Plan
Contracts do not include grants and cooperative agreements
Process by which efforts of all personnel responsible for an acquisition are coordinated and integrated through a comprehensive plan for fulfilling the agency need in a timely manner at a reasonable cost.
Includes developing the overall strategy for managing the acquisition.
RE: FAR 2.101
