THE FAR AND DFARS Flashcards
Acquisition is defined in the FAR as…
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.
A deviation is defined at FAR 1.401 as any one or a combination of the following:
- the issuance or use of a policy, procedure, solicitation provision (see definition in 2.101), contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that inconsistent with the FAR.
- the omission of any solicitation provision or contract clause when it’s 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 “modification” in 52.101(a) and definition of “alternate” in 2.101(a)
- the use of a solicitation provision or contract clause prescribed by the FAR on a “substantially as follows” or “substantially the same as” basis, if such use is inconsistent with the intent, principle, or substance of the prescription or related coverage on the subject matter in the FAR
- the authorization of lesser or greater limitations on the use of any solicitation, provision, contract clause, policy, or procedure prescribed by the FAR
- the issuance of policies or procedures that govern the contracting process or otherwise control contracting relationships that are not incorporated into agency acquisition regulations in accordance with 1.301(a)
Does a CO have the authority to deviate from the FAR and DFAR?
A DoD Contracting Officer does not have the authority to deviate from the FAR and DFARS, unless the deviation has been authorized IAW FAR Subpart 1.4 and DFARS Subpart 201.4. There are two types of deviations; class and individual.
What is a class deviation?
Class deviations affect a class of acquisitions and are typically initiated and approved at the senior policy making level within the agency. Class deviations a typically used to immediately implement a new policy or practice within an agency without having to go through the rule making process. A class deviation is usually effective until the FAR or DFARS is changed to implement the new policy or procedure. Class deviations can permit or mandate agencies to deviate from the FAR or DFARS.
The “scope of part” or “scope of Subpart” section
At the beginning of every FAR part and some subparts, there will be a section titled “scope” which summarizes the information contained in the particular FAR part or Subpart. Read the scope section before applying a rule to a given acquisition because the scope section may contain a statement that the rules in the part or Subpart apply (or do not apply) to certain types of acquisitions.
Definitions…
Definitions contain definitions of words and terms that will be used in the particular part or Subpart. The FAR often defines words and terms differently than how they are commonly understood.
The “applicability” section…
Explains what types of acquisitions the information in the part or Subpart applies (or does not apply) to. Sometimes a statement about the applicability of a part or Subpart is contained in the scope and may not necessarily be listed in a separate section.
The “general” section
Some parts and subparts contain a general section that provides information to orient the reader to the subject matter that will be covered in the part or Subpart, reading the general section is helpful in understanding the context of the rules that appear in the part or Subpart
The “policy” section
Many parts and subparts contain a policy section that contains broad statements about the Federal Government’s policy pertaining to the subject matter. The requirements stated in policy sections typically dive from statutes, executive orders, other federal regulations, or official procurement policies of the executive branch.
The “exceptions” (or “exclusions” or “limitations”) section
Some subparts contain an exceptions section that state exceptions to rules, some sections titled exclusions or limitations serve the same purpose as the exceptions section.
The procedures section
Policy sections usually don’t specifically discuss what agencies have to do to comply with the governments policy, the procedures section provides the details for how the agency is to proceed under a given set of conditions.
The solicitation provisions and contract clauses section…
At the end of a particular Subpart, there will typically be a “solicitation provisions” or “contract clauses” section that tells agencies which provisions and clauses to insert in solicitations and contract to implement the governments policies and procedures in their solicitations and contracts, this section contains prescriptions for the use of solicitation provisions and contract clauses.
