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