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FAR Parts > FAR Parts > Flashcards

FAR Parts Flashcards

1
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FAR Part 3 - Improper Business Practices and Personal Conflicts of Interest

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This part prescribes policies and procedures for avoiding improper business practices and personal conflicts of interest and for dealing with their apparent or actual occurrence.

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2
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FAR Part 3 - Administrative and Information Matters

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This part prescribes policies and procedures relating to the administrative aspects of contract execution, contractor-submitted paper documents, distribution, reporting, retention, and files.

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3
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FAR Part 5 - Publicizing Contract Action

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This part prescribes policies and procedures for publicizing contract opportunities and award information

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4
Q

FAR Part 6 - Competition Requirements

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This part prescribes policies and procedures to promote full and open competition in the acquisition process and to provide for full and open competition, full and open competition after exclusion of sources, other than full and open competition, and advocates for competition. This part does not deal with the results of competition (e.g., adequate price competition), that are addressed in other parts (e.g., part 15).

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5
Q

Part 7 - Acquisition Planning

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This part prescribes policies and procedures for-

(a) Developing acquisition plans;
(b) Determining whether to use commercial or Government resources for acquisition of supplies or services;
(c) Deciding whether it is more economical to lease equipment rather than purchase it; and
(d) Determining whether functions are inherently governmental.

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6
Q

Part 8 - Required Sources of Supplies and Services

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This part deals with prioritizing sources of supplies and services for use by the Government.

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7
Q

Part 9 - Contractor Qualifications

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This part prescribes policies, standards, and procedures pertaining to prospective contractors’ responsibility; debarment, suspension, and ineligibility; qualified products; first article testing and approval; contractor team arrangements; defense production pools and research and development pools; and organizational conflicts of interest.

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8
Q

Part 10 - Market Research

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This part prescribes policies and procedures for conducting market research to arrive at the most suitable approach to acquiring, distributing, and supporting supplies and services. This part implements the requirements of 41 U.S.C. 3306(a)(1), 41 U.S. C. 3307, 10 U.S. C. 2377, and 6 U. S.C. 796.

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9
Q

Part 11 - Describing Agency Needs

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This part prescribes policies and procedures for describing agency needs.

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10
Q

Part 12 - Acquisition of Commercial Products and Commercial Services

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This part prescribes policies and procedures unique to the acquisition of commercial products, including commercial components, and commercial services. It implements the Federal Government’s preference for the acquisition of commercial products and commercial services contained in 41 U.S.C. 1906, 1907, and 3307 and 10 U.S.C. 2375-2377 by establishing acquisition policies more closely resembling those of the commercial marketplace and encouraging the acquisition of commercial products and commercial services.

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11
Q

Part 13 - Simplified Acquisition Procedures

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This part prescribes policies and procedures for the acquisition of supplies and services, including construction, research and development, commercial products, and commercial services, the aggregate amount of which does not exceed the simplified acquisition threshold (see 2.101). subpart 13.5 provides special authority for acquisitions of commercial products and commercial services exceeding the simplified acquisition threshold but not exceeding $7.5 million ($15 million for acquisitions as described in 13.500 (c)), including options. See part 12 for policies applicable to the acquisition of commercial products and commercial services exceeding the micro-purchase threshold. See 36.602-5 for simplified procedures to be used when acquiring architect-engineer services.

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12
Q

Part 14 - Sealed Bidding

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This part prescribes-

(a) The basic requirements of contracting for supplies and services (including construction) by sealed bidding;
(b) The information to be included in the solicitation (invitation for bids);
(c) Procedures concerning the submission of bids;
(d) Requirements for opening and evaluating bids and awarding contracts; and
(e) Procedures for two-step sealed bidding.

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13
Q

Part 15 - Contracting by Negotiation

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This part prescribes policies and procedures governing competitive and noncompetitive negotiated acquisitions. A contract awarded using other than sealed bidding procedures is a negotiated contract (see 14.101).

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14
Q

Part 16 - Types of Contracts

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This part describes types of contracts that may be used in acquisitions. It prescribes policies and procedures and provides guidance for selecting a contract type appropriate to the circumstances of the acquisition.

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15
Q

Part 17 - Special Contracting Methods

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This part prescribes policies and procedures for the acquisition of supplies and services through special contracting methods, including-

(a) Multi-year contracting;
(b) Options; and
(c) Leader company contracting.

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16
Q

Part 19 - Small Business Programs

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(a) This part implements the acquisition-related sections of the Small Business Act ( 15 U.S.C. 631, et seq.), applicable sections of the Armed Services Procurement Act ( 10 U.S.C. 2302, et seq.), 41 U.S.C. 3104, and Executive Order 12138, May 18, 1979. It covers- (1) The determination that a concern is eligible for participation in the programs identified in this part; (2) The respective roles of executive agencies and the Small Business Administration (SBA) in implementing the programs; (3) Setting acquisitions aside, in total or in part, for exclusive competitive participation by small business, 8(a) participants, HUBZone small business concerns, service-disabled veteran-owned small business concerns, and economically disadvantaged women-owned small business (EDWOSB) concerns and women-owned small business (WOSB) concerns eligible under the WOSB Program; (4) The certificate of competency program; (5) The subcontracting assistance program; (6) The “8(a)” business development program (hereafter referred to as 8(a) program), under which agencies contract with the SBA for goods or services to be furnished under a subcontract by a small disadvantaged business concern; (7) The use of a price evaluation preference for HUBZone small business concerns; (8) The use of veteran-owned small business concerns; (9) Sole source awards to HUBZone small business concerns, service-disabled veteran-owned small business concerns, and EDWOSB concerns and WOSB concerns eligible under the WOSB Program; and (10) The use of reserves. (b) (1) Unless otherwise specified in this part (see Subpart 19.6 - Certificates of Competency and Determinations of Responsibility and Subpart 19.7 - The Small Business Subcontracting Program)— (i)Contracting officers shall apply this part in the United States and its outlying areas; and (ii)Contracting officers may apply this part outside the United States and its outlying areas. (2)Offerors that participate in any procurement under this part are required to meet the definition of “small business concern” at 2.101 and the definition of “concern” at 19.001.

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17
Q

Part 22 - Application of Labor Laws to Government Acquisitions

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This part-

(a) Deals with general policies regarding contractor labor relations as they pertain to the acquisition process;
(b) Prescribes contracting policy and procedures for implementing pertinent labor laws; and
(c) Prescribes contract clauses with respect to each pertinent labor law.

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18
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Part 23 - Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace

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This part prescribes acquisition policies and procedures supporting the Government’s program for ensuring a drug-free workplace, for protecting and improving the quality of the environment, and to foster markets for sustainable technologies, materials, products, and services, and for encouraging the safe operation of vehicles.

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19
Q

Part 24 - Protection of Privacy and Freedom of Information

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This part prescribes policies and procedures that apply requirements of the Privacy Act of1974 ( 5 U.S.C.552a) (the Act) and OMB CircularNo.A-130, December 12,1985, to Government contracts and cites the Freedom of Information Act ( 5 U.S.C.552, as amended).

20
Q

Part 25 - Foreign Acquisition

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(a) This part provides policies and procedures for-
(1) Acquisition of foreign supplies, services, and construction materials; and
(2) Contracts performed outside the United States.
(b) It implements 41 U.S.C. chapter 83, Buy American; trade agreements; and other laws and regulations.

21
Q

Part 26 - Other Socioeconomic Programs

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This subpart implements 25 U.S.C.1544, which provides an incentive to prime contractors that use Indian organizations and Indian-owned economic enterprises as subcontractors.

22
Q

Part 27 - Patents, Data, and Copyrights

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This part prescribes the policies, procedures, solicitation provisions, and contract clauses pertaining to patents, data, and copyrights.

23
Q

Part 28 - Bonds and Insurance

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This part prescribes requirements for obtaining financial protection against losses under contracts that result from the use of the sealed bid or negotiated methods. It covers bid guarantees, bonds, alternative payment protections, security for bonds, and insurance.

24
Q

Part 29 - Taxes

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This part prescribes policies and procedures for (a) using tax clauses in contracts (including foreign contracts), (b) asserting immunity or exemption from taxes, and (c) obtaining tax refunds. It explains Federal, State, and local taxes on certain supplies and services acquired by executive agencies and the applicability of such taxes to the Federal Government. It is for the general information of Government personnel and does not present the full scope of the tax laws and regulations.

25
Q

Part 30 - Cost Accounting Standards Administration

A

This part describes policies and procedures for applying the Cost Accounting Standards Board (CASB) rules and regulations ( 48 CFR Chapter 99) to negotiated contracts and subcontracts. This part does not apply to sealed bid contracts or to any contract with a small business concern (see 48 CFR 9903.201-1(b) for these and other exemptions).

26
Q

Part 31 - Contract Cost Principles and Procedures

A

This part contains cost principles and procedures for-

(a) The pricing of contracts, subcontracts, and modifications to contracts and subcontracts whenever cost analysis is performed (see 15.404-1(c)); and
(b) The determination, negotiation, or allowance of costs when required by a contract clause.

27
Q

Part 32 - Contract Financing

A

This part prescribes policies and procedures for contract financing and other payment matters. This part addresses-

(a) Payment methods, including partial payments and progress payments based on percentage or stage of completion;
(b) Loan guarantees, advance payments, and progress payments based on costs;
(c) Administration of debts to the Government arising out of contracts;
(d) Contract funding, including the use of contract clauses limiting costs or funds;
(e) Assignment of claims to aid in private financing;
(f) Selected payment clauses;
(g) Financing of purchases of commercial products and commercial services;
(h) Performance-based payments; and
(i) Electronic funds transfer payments.

28
Q

Part 33 Protests, Disputes, and Appeals

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This part prescribes policies and procedures for filing protests and for processing contract disputes and appeals.

29
Q

Part 34 - Major System Acquisition

A

This part describes acquisition policies and procedures for use in acquiring major systems consistent with OMB Circular No. A-109; and the use of an Earned Value Management System in acquisitions designated as major acquisitions consistent with OMB Circular A-11, part 7.

30
Q

Part 35 - Research and Development Contracting

A

(a) This part prescribes policies and procedures of special application to research and development (R&D) contracting.
(b) R&D integral to acquisition of major systems is covered in part 34. Independent research and development (IR&D) is covered at 31.205-18.

31
Q

Part 36 - Construction and Architect-Engineer Contracts

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This part prescribes policies and procedures peculiar to contracting for construction and architect-engineer services. It includes requirements for using certain clauses and standard forms that apply also to contracts for dismantling, demolition, or removal of improvements.

32
Q

Part 37 - Service Contracting

A

This part prescribes policy and procedures that are specific to the acquisition and management of services by contract. This part applies to all contracts and orders for services regardless of the contract type or kind of service being acquired. This part requires the use of performance-based acquisitions for services to the maximum extent practicable and prescribes policies and procedures for use of performance-based acquisition methods (see subpart 37.6). Additional guidance for research and development services is in part 35; architect-engineering services is in part 36; information technology is in part 39; and transportation services is in part 47. parts 35, 36, 39, and 47 take precedence over this part in the event of inconsistencies. This part includes, but is not limited to, contracts for services to which 41 U.S.C. chapter 67, Service Contract Labor Standards, applies (see subpart 22.10).

33
Q

Part 38 - Federal Supply Schedule Contracting

A

This part prescribes policies and procedures for contracting for supplies and services under the Federal Supply Schedule program, which is directed and managed by the General Services Administration (see subpart 8.4, Federal Supply Schedules, for additional information). GSA may delegate certain responsibilities to other agencies (e.g., GSA has delegated authority to the Department of Veterans Affairs (VA) to procure medical supplies under the VA Federal Supply Schedules Program). The VA Federal Supply Schedules Program is covered by this subpart. Additionally, the Department of Defense manages a similar system of schedule contracting for military items; however, the Department of Defense systems are not a part of the Federal Supply Schedule program.

34
Q

Part 39 - Acquisition of Information Technology

A

This part prescribes acquisition policies and procedures for use in acquiring—

(a) Information technology, including financial management systems, consistent with other parts of this regulation, OMB Circular No.A-127, Financial Management Systems and OMB Circular No.A-130, Management of Federal Information Resources.
(b) Information and communication technology (see 2.101(b)).

35
Q

Part 41 - Acquisition of Utility ServicesThis part prescribes policies, procedures, and contract format for the acquisition of utility services. (See 41.102(b) for services that are excluded from this part.)

A
36
Q

Part 42 - Contract Administration and Audit Services

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This part prescribes policies and procedures for assigning and performing contract administration and contract audit services.

37
Q

Part 43 - Contract Modifications

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This part prescribes policies and procedures for preparing and processing contract modifications for all types of contracts including construction and architect-engineer contracts. It does not apply to-

(a) Orders for supplies or services not otherwise changing the terms of contracts or agreements (e.g., delivery orders under indefinite-delivery contracts); or
(b) Modifications for extraordinary contractual relief (see subpart 50.1).

38
Q

Part 44 - Subcontracting Policies and Procedures

A

(a) This part prescribes policies and procedures for consent to subcontracts or advance notification of subcontracts, and for review, evaluation, and approval of contractors’ purchasing systems.
(b) The consent and advance notification requirements of subpart 44.2 are not applicable to prime contracts for commercial supplies or commercial services acquired pursuant to part 12

39
Q

Part 45 - Government Property

A

(a) This part prescribes policies and procedures for providing Government property to contractors; contractors’ management and use of Government property; and reporting, redistributing, and disposing of contractor inventory.
(b) It does not apply to-
(1) Government property provided under any statutory leasing authority, except as to non-Government use of property under 45.301(f);
(2) Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performance based payments;
(3) Disposal of real property;
(4) Software and intellectual property; or
(5) Government property that is incidental to the place of performance, when the contract requires contractor personnel to be located on a Government site or installation, and when the property used by the contractor within the location remains accountable to the Government. Items considered to be incidental to the place of performance include, for example, office space, desks, chairs, telephones, computers, and fax machines.

40
Q

Part 46 - Quality Assurance

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This part prescribes policies and procedures to ensure that supplies and services acquired under Government contract conform to the contract’s quality and quantity requirements. Included are inspection, acceptance, warranty, and other measures associated with quality requirements.

41
Q

Part 47 - Transportation

A

(a) This part prescribes policies and procedures for-
(1) Applying transportation and traffic management considerations in the acquisition of supplies; and
(2) Acquiring transportation or transportation-related services by contract methods other than bills of lading, transportation requests, transportation warrants, and similar transportation forms. Transportation and transportation services can be obtained by acquisition subject to the FAR or by acquisition under 49 U.S.C. 10721 or 49 U.S.C. 13712. Even though the FAR does not regulate the acquisition of transportation or transportation-related services when the bill of lading is the contract, this contract method is widely used and, therefore, relevant guidance on the use of the bill of lading is provided in this part (see 47.104).
(b) The definitions in this part have been condensed from statutory definitions. In case of inconsistency between the language of this part and the statutory requirements, the statute shall prevail.

42
Q

Part 48 - Value Engineering

A

This part prescribes policies and procedures for using and administering value engineering techniques in contracts.

43
Q

Part 49 - Termination of Contracts

A

This part establishes policies and procedures relating to the complete or partial termination of contracts for the convenience of the Government or for default. It prescribes contract clausesrelating to termination and excusable delay and includes instructions for using termination and settlement forms.

44
Q

Part 50 - Extraordinary Contractual Actions and the safety act

A

This part-

(a)

(1) Prescribes policies and procedures for entering into, amending, or modifying contracts in order to facilitate the national defense under the extraordinary emergency authority granted by Public Law 85-804 ( 50 U. S.C. 1431-1434) and Executive Order 10789, dated November 14, 1958. It does not cover advance payments (see subpart 32.4); and
(2) Implements indemnification authority granted by Pub. L. 85-804 and paragraph 1 A of E.O. 10789 with respect to any matter that has been, or could be, designated by the Secretary of Homeland Security as a qualified anti-terrorism technology as defined in the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act); and
(b) Implements SAFETY Act liability protections to promote development and use of anti-terrorism technologies.

45
Q

Part 51 - Use of Government Sources by Contractors

A

This part prescribes policies and procedures for the use by contractors of Government supply sources and interagency fleet management system (IFMS) vehicles and related services.

46
Q

Part 52 - Solicitation Provisions and Contract Clauses

A

This subpart-

(a) Gives instructions for using part 52, including the explanation and use of provision and clause numbers, prescriptions, prefaces, and the matrix;
(b) Prescribes procedures for incorporating, identifying, and modifying provisions and clauses in solicitations and contracts, and for using alternates; and
(c) Describes the derivation of FAR provisions and clauses.

FAR Parts (1 decks)

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