This part sets forth basic policies and general information about the Federal Acquisition Regulations System including purpose, authority, applicability, issuance, arrangement, numbering, dissemination, implementation, supplementation, maintenance, administration, and deviation. Subparts 1.2, 1.3, and 1.4 prescribe administrative procedures for maintaining the FAR System.
The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies. The Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR. The FAR System does not include internal agency guidance of the type described in 1.301(a)(2).
(a) 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.
(b) The Federal Acquisition System will--
(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;
(2) Minimize administrative operating costs;
(3) Conduct business with integrity, fairness, and openness; and
(4) Fulfill public policy objectives.
(c) 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.
(d) 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. In exercising initiative, Government members of the Acquisition Team may assume if a specific strategy, practice, policy or procedure is in the best interests of the Government and is not addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, that the strategy, practice, policy or procedure is a permissible exercise of authority.
(a) Introduction. The statement of Guiding Principles for the Federal Acquisition System (System) represents a concise statement designed to be user-friendly for all participants in Government acquisition. The following discussion of the principles is provided in order to illuminate the meaning of the terms and phrases used. The framework for the System includes the Guiding Principles for the System and the supporting policies and procedures in the FAR.
(b) Vision. All participants in the System are responsible for making acquisition decisions that deliver the best value product or service to the customer. Best value must be viewed from a broad perspective and is achieved by balancing the many competing interests in the System. The result is a system which works better and costs less.
(a) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service. (1) The principal customers for the product or service provided by the System are the users and line managers, acting on behalf of the American taxpayer.
(2) The System must be responsive and adaptive to customer needs, concerns, and feedback. Implemen-tation of acquisition policies and procedures, as well as consideration of timeliness, quality, and cost throughout the process, must take into account the perspective of the user of the product or service.
(3) When selecting contractors to provide products or perform services, the Government will use contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform.
(4) The Government must not hesitate to communicate with the commercial sector as early as possible in the acquisition cycle to help the Government determine the capabilities available in the commercial marketplace. The Government will maximize its use of commercial products and services in meeting Government requirements.
(5) It is the policy of the System to promote competition in the acquisition process.
(6) The System must perform in a timely, high quality, and cost-effective manner.
(7) All members of the Team are required to employ planning as an integral part of the overall process of acquiring products or services. Although advance planning is required, each member of the Team must be flexible in order to accommodate changing or unforeseen mission needs. Planning is a tool for the accomplishment of tasks, and application of its discipline should be commensurate with the size and nature of a given task.
(b) Minimize administrative operating costs. (1) In order to ensure that maximum efficiency is obtained, rules, regulations, and policies should be promulgated only when their benefits clearly exceed the costs of their development, implementation, administration, and enforcement. This applies to internal administrative processes, including reviews, and to rules and procedures applied to the contractor community.
(2) The System must provide uniformity where it contributes to efficiency or where fairness or predictability is essential. The System should also, however, encourage innovation, and local adaptation where uniformity is not essential.
(c) Conduct business with integrity, fairness, and openness. (1) An essential consideration in every aspect of the System is maintaining the public's trust. Not only must the System have integrity, but the actions of each member of the Team must reflect integrity, fairness, and openness. The foundation of integrity within the System is a competent, experienced, and well-trained, professional workforce. Accordingly, each member of the Team is responsible and accountable for the wise use of public resources as well as acting in a manner which maintains the public's trust. Fairness and openness require open communication among team members, internal and external customers, and the public.
(2) To achieve efficient operations, the System must shift its focus from "risk avoidance" to one of "risk management." The cost to the taxpayer of attempting to eliminate all risk is prohibitive. The Executive Branch will accept and manage the risk associated with empowering local procurement officials to take independent action based on their professional judgment.
(d) Fulfill public policy objectives. The System must support the attainment of public policy goals adopted by the Congress and the President. In attaining these goals, and in its overall operations, the process shall ensure the efficient use of public resources.
The purpose of defining the Federal Acquisition Team (Team) in the Guiding Principles is to ensure that participants in the System are identified--beginning with the customer and ending with the contractor of the product or service. By identifying the team members in this manner, teamwork, unity of purpose, and open communication among the members of the Team in sharing the vision and achieving the goal of the System are encouraged. Individual team members will participate in the acquisition process at the appropriate time.
(a) 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.
(b) The authority to make decisions and the accountability for the decisions made will be delegated to the lowest level within the System, consistent with law.
(c) The Team must be prepared to perform the functions and duties assigned. The Government is committed to provide training, professional development, and other resources necessary for maintaining and improving the knowledge, skills, and abilities for all Government participants on the Team, both with regard to their particular area of responsibility within the System, and their respective role as a team member. The contractor community is encouraged to do likewise.
(d) The System will foster cooperative relationships between the Government and its contractors consistent with its overriding responsibility to the taxpayers.
(e) The FAR outlines procurement policies and procedures that are used by members of the Acquisition Team. If a policy or procedure, or a particular strategy or practice, is in the best interest of the Government and is not specifically addressed in the 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. Rather, absence of direction should be interpreted as permitting the Team to innovate and use sound business judgment that is otherwise consistent with law and within the limits of their authority.
(a) The development of the FAR System is in accordance with the requirements of the Office of Federal Procurement Policy Act of 1974 (Pub. L. 93-400), as amended by Pub. L. 96-83, and OFPP Policy Letter 85-1, Federal Acquisition Regulations System, dated August 19, 1985.
(b) The FAR is prepared, issued, and maintained, and the FAR System is prescribed jointly by the Secretary of Defense, the Administrator of General Services, and the Administrator, National Aeronautics and Space Administration, under their several statutory authorities.
The FAR applies to all acquisitions as defined in Part 2 of the FAR, except where expressly excluded.
(a) 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.
(b) The FAR is issued as Chapter 1 of Title 48, CFR. Subsequent chapters are reserved for agency acquisition regulations that implement or supplement the FAR (see Subpart 1.3). The CFR Staff will assign chapter numbers to requesting agencies.
(c) Each numbered unit or segment (e.g., part, subpart, section, etc.) of an agency acquisition regulation that is codified in the CFR shall begin with the chapter number. However, the chapter number assigned to the FAR will not be included in the numbered units or segments of the FAR.
(a) General. The FAR is divided into subchapters, parts (each of which deals with a separate aspect of acquisition), subparts, sections, and subsections.
(b) Numbering. (1) The numbering system permits the discrete identification of every FAR paragraph. The digits to the left of the decimal point represent the part number. The numbers to the right of the decimal point and to the left of the dash represent, in order, the subpart (one or two digits), and the section (two digits). The number to the right of the dash represents the subsection. Subdivisions may be used at the section and subsection level to identify individual paragraphs. The following example illustrates the make-up of a FAR number citation (note that subchapters are not used with citations):
25.108-2
Part
Subpart
Section
Subsection
(2) Subdivisions below the section or subsection level shall consist of parenthetical alpha numerics reading from highest to lowest indenture as follows: lower case alphabet, Arabic numbers, lower case Roman numerals, and upper case alphabet. The following example is illustrative:
(a)(1)(i)(A)
Subdivisions, below the 4th level, shall repeat the sequence.
(c) References and citations. (1) Unless otherwise stated, cross-references indicate parts, subparts, sections, subsections, paragraphs, subparagraphs, or subdivisions of this regulation.
(2) This regulation may be referred to as the Federal Acquisition Regulation or the FAR.
(3) Using the FAR coverage at 9.106-4(d) as a typical illustration, reference to the--
(i) Part would be "FAR Part 9" outside the FAR and "Part 9" within the FAR.
(ii) Subpart would be "FAR Subpart 9.1" outside the FAR and "Subpart 9.1'' within the FAR.
(iii) Section would be "FAR 9.106" outside the FAR and "9.106" within the FAR.
(iv) Subsection would be "FAR 9.106-4" outside the FAR and "9.106-4" within the FAR.
(v) Paragraph would be "FAR 9.106-4(d)" outside the FAR and "9.106-4(d)" within the FAR.
(4) Citations of authority (e.g., statutes or Executive orders) in the FAR shall follow the Federal Register form guides.
Copies of the FAR in Federal Register, loose-leaf, and CFR form may be purchased from the Superintendent of Documents, Government Printing Office (GPO), Washington, DC 20402.
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) imposes a requirement on Federal agencies to obtain approval from the Office of Management and Budget (OMB) before collecting information from ten or more members of the public. The information collection and recordkeeping requirements contained in this regulation have been approved by the OMB. The following OMB control numbers apply:
FAR segment OMB Control Number
3.103 9000-0018
3.4 9000-0003
4.102 9000-0033
4.5 9000-0137
4.7 9000-0034
4.9 9000-0097
FAR segment OMB Control Number
5.405 9000-0036
7.2 9000-0082
8.5 9000-0113
9.1 9000-0011
9.2 9000-0020
14.201 9000-0034
14.202-4 9000-0040
14.202-5 9000-0039
14.205 9000-0002
14.205-4(c) 9000-0037
14.214 9000-0105
14.407 9000-0038
14.5 9000-0041
15.106 9000-0034
15.404 9000-0037
15.7 9000-0078
15.8 9000-0013
15.804-8 9000-0115
15.812-1(b) 9000-0080
15.813-1 9000-0105
15.813-2 9000-0105
15.813-3 9000-0105
15.813-6 9000-0105
19.7 9000-0006
22.103 9000-0065
22.8 1215-0072
22.11 9000-0066
22.13 1215-0072
22.14 1215-0072
23.602 9000-0107
27.3 9000-0095
27.4 9000-0090
28.1 9000-0045
28.106-1(b) 9000-0119
28.2 9000-0045
29.304 9000-0059
30 9000-0093
30.6 9000-0129
31.205-46 9000-0079
31.205-46(a)(3) 9000-0088
32 9000-0035
32.000 9000-0138
32.1 9000-0070 and
9000-0138
32.2 9000-0138
32.4 9000-0073
32.5 9000-0010 and
9000-0138
32.7 9000-0074
FAR segment OMB Control Number
32.9 9000-0102
32.10 9000-0138
33 9000-0035
34.1 9000-0133
36.213-2 9000-0037
36.603 9000-0004 and 9000-0005
36.701 9000-0037
41.004-2(c) 9000-0125
42.205(f) 9000-0026
42.7 9000-0013
42.12 9000-0076
42.13 9000-0076
42.14 9000-0056
45 9000-0075
46 9000-0077
47 9000-0061
48 9000-0027
49 9000-0028
50 9000-0029
51.1 9000-0031
51.2 9000-0032
52.203-2 9000-0018
52.203-7 9000-0091
52.204-3 9000-0097
52.207-3 9000-0114
52.208-8 9000-0113
52.208-9 9000-0113
52.209-1(b) 9000-0020
52.209-1(c) 9000-0083
52.209-5 9000-0094
52.209-6 9000-0094
52.210-5 9000-0030
52.210-6 9000-0030
52.210-8 9000-0018
52.210-9 9000-0016
52.210-10 9000-0017
52.212-1 9000-0043
52.212-2 9000-0043
52.214-2 9000-0046
52.214-14 9000-0047
52.214-15 9000-0044
52.214-16 9000-0044
52.214-17 9000-0018
52.214-21 9000-0039
52.214-26 9000-0034
FAR segment OMB Control Number
52.214-28 9000-0013
52.215-2 9000-0034
52.215-6 9000-0046
52.215-11 9000-0048
52.215-19 9000-0044 52.215-20 9000-0047
52.215-21 9000-0078
52.215-24 9000-0013
52.215-25 9000-0013
52.215-26 9000-0080
52.215-40 9000-0015
52.215-41 9000-0013
52.215-42 9000-0013
52.216-2 9000-0068
52.216-3 9000-0068
52.216-4 9000-0068
52.216-5 9000-0071
52.216-6 9000-0071
52.216-7 9000-0069
52.216-10 9000-0067
52.216-13 9000-0069
52.216-15 9000-0069
52.216-16 9000-0067
52.216-17 9000-0067
52.219-9 9000-0006
52.219-10 9000-0006
52.219-19 9000-0100
52.219-20 9000-0100
52.219-21 9000-0100
52.222-2 9000-0065
52.222-4 1215-0119
52.222-6 1215-0140
52.222-8 1215-0149 and
1215-0017
52.222-11 9000-0014
52.222-18 9000-0127
52.222-21 1215-0072
52.222-22 1215-0072
52.222-23 1215-0072
52.222-25 1215-0072
52.222-26 1215-0072
52.222-27 1215-0072
52.222-35 1215-0072
52.222-36 1215-0072
52.222-41 1215-0017 and
1215-0150
52.222-46 9000-0066
52.223-1 9000-0021
52.223-6(b)(5) 9000-0101
52.223-7 9000-0117
52.225-1 9000-0024
52.225-6 9000-0023
52.225-8 9000-0025
FAR segment OMB Control Number
52.225-10 9000-0022
52.225-20 9000-0130
52.228-1 9000-0045
52.228-2 9000-0045
52.228-3 9000-0045
52.229-2 9000-0059
52.230-6 9000-0129
52.232-5 9000-0070
52.232-7 9000-0070
52.232-10 9000-0070
52.232-12 9000-0073
52.232-13 9000-0010
52.232-14 9000-0010
52.232-15 9000-0010
52.232-16 9000-0010
52.232-20 9000-0074
52.232-21 9000-0074
52.232-22 9000-0074
52.232-27 9000-0102
52.232-29 9000-0138
52.232-30 9000-0138
52.232-31 9000-0138
52.232-32 9000-0138
52.233-1 9000-0035
52.234-1 9000-0133
52.236-5 9000-0062
52.236-13 1220-0029 and
9000-0060
52.236-15 9000-0058
52.236-19 9000-0064
52.241-2 9000-0122
52.241-6 9000-0123
52.241-11 9000-0126
52.241-13 9000-0124
52.242-12 9000-0056
52.243-1 9000-0026
52.243-2 9000-0026
52.243-3 9000-0026
52.243-4 9000-0026
52.243-6 9000-0026
52.243-7 9000-0026
52.245-2 9000-0075
52.245-3 9000-0075
52.245-5 9000-0075
52.245-7 9000-0075
52.245-8 9000-0075
52.245-9 9000-0075
52.245-10 9000-0075
52.245-11 9000-0075
52.245-16 9000-0075
52.245-17 9000-0075
52.245-18 9000-0075
52.246-2 9000-0077
FAR segment OMB Control Number
52.246-3 9000-0077
52.246-4 9000-0077
52.246-5 9000-0077
52.246-6 9000-0077
52.246-7 9000-0077
52.246-8 9000-0077
52.246-10 9000-0077
52.246-12 9000-0077
52.246-15 9000-0077
52.247-2 9000-0053
52.247-29 9000-0061
52.247-30 9000-0061
52.247-31 9000-0061
52.247-32 9000-0061
52.247-33 9000-0061
52.247-34 9000-0061
52.247-35 9000-0061
52.247-36 9000-0061
52.247-37 9000-0061
52.247-38 9000-0061
52.247-39 9000-0061
52.247-40 9000-0061
52.247-41 9000-0061
52.247-42 9000-0061
52.247-43 9000-0061
52.247-44 9000-0061
52.247-51 9000-0057
52.247-53 9000-0055
52.247-57 9000-0061
52.247-63 9000-0054
52.247-64 9000-0054
52.248-1 9000-0027
52.248-2 9000-0027
52.248-3 9000-0027
52.249-2 9000-0028
52.249-3 9000-0028
52.249-5 9000-0028
52.249-6 9000-0028
52.249-11 9000-0028
52.250-1 9000-0029
52.253-1 9000-0104
53.105 9000-0104
53.236-1(a) 9000-0037
SF 24 9000-0045
SF 25 9000-0045
SF 25-A 9000-0045
SF 28 9000-0001
SF 34 9000-0045
SF 35 9000-0045
SF 129 9000-0002
SF 254 9000-0004
SF 255 9000-0005
SF 273 9000-0045
FAR segment OMB Control Number
SF 274 9000-0045
SF 275 9000-0045
SF 294 9000-0006
SF 295 9000-0007
SF 1403 9000-0011
SF 1404 9000-0011
SF 1405 9000-0011
SF 1406 9000-0011
SF 1407 9000-0011
SF 1408 9000-0011
SF 1411 9000-0013
SF 1413 9000-0014
SF 1416 9000-0045
SF 1417 9000-0037
SF 1418 9000-0119
SF 1423 9000-0015
SF 1424 9000-0015
SF 1426 9000-0015
SF 1427 9000-0015
SF 1428 9000-0015
SF 1429 9000-0015
SF 1430 9000-0015
SF 1431 9000-0015
SF 1432 9000-0015
SF 1433 9000-0015
SF 1434 9000-0015
SF 1435 9000-0012
SF 1436 9000-0012
SF 1437 9000-0012
SF 1438 9000-0012
SF 1439 9000-0012
SF 1440 9000-0012
SF 1443 9000-0010
SF 1444 9000-0089
SF 1445 9000-0089
SF 1446 9000-0089
SF 1448 9000-0013
SF 1449 9000-0136
(a) Subject to the authorities discussed in 1.102, revisions to the FAR will be prepared and issued through the coordinated action of two councils, the Defense Acquisition Regulatory Council (DAR Council) and the
Civilian Agency Acquisition Council (CAA Council). Members of these councils shall--
(1) Represent their agencies on a full-time basis;
(2) Be selected for their superior qualifications in terms of acquisition experience and demonstrated professional expertise; and
(3) Be funded by their respective agencies.
(b) The chairperson of the CAA Council shall be the representative of the Administrator of General Services. The other members of this council shall be one each representative from the (1) Departments of Agriculture, Commerce, Energy, Health and Human Services, Interior, Labor, State, Transportation, and Treasury, and (2) Environmental Protection Agency, Small Business Administration, and Department of Veterans Affairs.
(c) The Director of the DAR Council shall be the representative of the Secretary of Defense. The operation of the DAR Council will be as prescribed by the Secretary of Defense. Membership shall include representatives of the military Departments, the Defense Logistics Agency, and the National Aeronautics and Space Administration.
(d) Responsibility for processing revisions to the FAR is apportioned by the two councils so that each council has cognizance over specified parts or subparts.
(e) Each council shall be responsible for--
(1) Agreeing on all revisions with the other council;
(2) Submitting to the FAR Secretariat (see 1.201-2) the information required under paragraphs 1.501-2(b) and (e) for publication in the Federal Register of a notice soliciting comments on a proposed revision to the FAR;
(3) Considering all comments received in response to notice of proposed revisions;
(4) Arranging for public meetings;
(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.
(a) 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).
(b) Additionally, the FAR Secretariat shall provide the two councils with centralized services for--
(1) Keeping a synopsis of current FAR cases and their status;
(2) Assigning FAR case numbers;
(3) Maintaining official files;
(4) Assisting parties interested in reviewing the files on completed cases; and
(5) Performing miscellaneous administrative tasks pertaining to the maintenance of the FAR.
Agency compliance with the FAR (see 1.304) is the responsibility of the Secretary of Defense (for the miltary departments and defense agencies), the Administrator of General Services (for civilian agencies other than NASA), and the Administrator of NASA (for NASA activities).
(a)(1) Subject to the authorities in paragraph (c) of this section and other statutory authority, an agency head may issue or authorize the issuance of 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 or otherwise control the relationship between the agency, including any of its suborganizations, and contractors or prospective contractors.
(2) Subject to the authorities in paragraph (c) of this section and other statutory authority, an agency head may issue or authorize the issuance of internal agency guidance at any organizational level (e.g., designations and delegations of authority, assignments of responsibilities, work-flow procedures, and internal reporting requirements).
(b) Agency heads shall establish procedures to ensure that agency acquisition regulations are published for comment in the Federal Register in conformance with the procedures in Subpart 1.5 and as required by section 22 of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 418b), and other applicable statutes, 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. However, publication is not required for issuances that merely implement or supplement higher level issuances that have previously undergone the public comment process, unless such implementation or supplementation results in an additional significant cost or administrative impact on contractors or offerors or effect beyond the internal operating procedures of the issuing organization. Issuances under 1.301(a)(2) need not be publicized for public comment.
(c) When adopting acquisition regulations, agencies shall ensure that they comply with the Paperwork Reduction Act (44 U.S.C. 3501, et seq.) as implemented in 5 CFR 1320 (see 1.106) and the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Normally, when a law requires publication of a proposed regulation, the Regulatory Flexibility Act applies and agencies must prepare written analyses, or certifications as provided in the law.
(d) Agency acquisition regulations implementing or
supplementing the FAR are, for--
(1) The military departments and defense agencies, issued subject to the authority of the Secretary of Defense;
(2) NASA activities, issued subject to the authorities of the Administrator of NASA; and
(3) The civilian agencies other than NASA, issued by the heads of those agencies subject to the overall authority of the Administrator of General Services or independent authority the agency may have.
Agency acquisition regulations shall be limited to--
(a) Those necessary to implement FAR policies and procedures within the agency; and
(b) Additional policies, procedures, solicitation provisions, or contract clauses that supplement the FAR to satisfy the specific needs of the agency.
(a) Agency-wide acquisition regulations shall be published in the Federal Register as required by law, shall be codified under an assigned chapter in Title 48, Code of Federal Regulations, and shall parallel the FAR in format, arrangement, and numbering system (but see 1.105-1(c)). Coverage in an agency acquisition regulation that implements a specific part, subpart, section, or subsection of the FAR shall be numbered and titled to correspond to the appropriate FAR number and title. Supplementary material for which there is no counterpart in the FAR shall be codified using chapter, part, subpart, section, or subsection numbers of 70 and up (e.g., for the Department of Interior, whose assigned chapter number in Title 48 is 14, Part 1470, Subpart 1401.70, section 1401.370, or subsection 1401.301-70).
(b) Issuances under 1.301(a)(2) need not be published in the Federal Register.
(a) Under the authorities of 1.301(c), agencies shall control and limit issuance of agency acquisition regulations and, in particular, local agency directives that restrain the flexibilities found in the FAR, and shall establish formal procedures for the review of these documents to assure compliance with this Part 1.
(b) Agency acquisition regulations shall not--
(1) Unnecessarily repeat, paraphrase, or otherwise restate material contained in the FAR or higher-level agency acquisition regulations; or
(2) Except as required by law or as provided in Subpart 1.4, conflict or be inconsistent with FAR content.
(c) Agencies shall evaluate all regulatory coverage in agency acquisition regulations to determine if it could apply to other agencies. Coverage that is not peculiar to one agency shall be recommended for inclusion in the FAR.
This subpart prescribes the policies and procedures for authorizing deviations from the FAR. Exceptions pertaining to the use of forms prescribed by the FAR are covered in Part 53 rather than in this subpart.
"Deviation" means any one or combination of the following:
(a) The issuance or use of a policy, procedure, solicitation provision (see definition in 52.101(a)), contract clause (see definition in 52.101(a)), method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR.
(b) The omission of any solicitation provision or contract clause when its prescription requires its use.
(c) The use of any solicitation provision or contract clause with modified or alternate language that is not authorized by the FAR (see definitions of "modification" and "alternate" in 52.101(a)).
(d) The use of a solicitation provision or contract clause prescribed by the FAR on a "substantially as follows" or
"substantially the same as" basis (see definitions in 52.101(a)), if such use is inconsistent with the intent, principle, or substance of the prescription or related coverage on the subject matter in the FAR.
(e) The authorization of lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR.
(f) 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).
Unless precluded by law, executive order, or regulation, deviations from the FAR may be granted as specified in this subpart 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. The fact that deviation authority is required should not, of itself, deter agencies in their development and testing of new techniques and acquisition methods. Refer to 31.101 for instructions concerning deviations pertaining to the subject matter of Part 31, Contract Cost Principles and Procedures. Deviations are not authorized with respect to Part 30. Refer to 30.201-5 for instructions concerning waivers pertaining to Cost Accounting Standards.
Individual deviations affect only one contracting action, and, unless 1.405(e) is applicable, may be authorized by
agency heads or their designees. The justification and agency approval shall be documented in the contract file.
Class deviations affect more than one contracting action. When it is known that a class deviation will be required on a permanent basis, an agency should propose an appropriate FAR revision to cover the matter. For civilian agencies other than NASA, a copy of each approved class deviation shall be furnished to the FAR Secretariat.
(a) For civilian agencies except NASA, class deviations may be authorized by agency heads or their designees, unless 1.405(e) is applicable. Delegation of this authority shall not be made below the head of a contracting activity. Authorization of class deviations by agency officials is subject to the following limitations:
(1) An agency official who may authorize a class deviation, before doing so, shall consult with the chairperson of the Civilian Agency Acquisition Council (CAA Council), unless that agency official determines that urgency precludes such consultation.
(2) Recommended revisions to the FAR shall be transmitted to the FAR Secretariat by agency heads or their designees for authorizing class deviations.
(b) For DOD, class deviations shall be controlled, processed, and approved in accordance with the Defense FAR Supplement.
(c) For NASA, class deviations shall be controlled and approved by the Associate Administrator for Procurement. Deviations shall be processed in accordance with agency regulations.
(a) "Executive agreements," as used in this section, means Government-to-Government agreements, including agreements with international organizations, to which the United States is a party.
(b) Any deviation from the FAR required to comply with a treaty to which the United States is a party is authorized, unless the deviation would be inconsistent with FAR coverage based on a law enacted after the execution of the treaty.
(c) Any deviation from the FAR required to comply with an executive agreement is authorized unless the deviation would be inconsistent with FAR coverage based on law.
(d) For civilian agencies other than NASA, a copy of the text deviation authorized under paragraph (b) or (c) of this section shall be transmitted to the FAR Secretariat through a central agency control point.
(e) For civilian agencies other than NASA, if a deviation required to comply with a treaty or an executive agreement is not authorized by paragraph (b) or (c) of this section, then the request for deviation shall be processed through the FAR Secretariat to the Civilian Agency Acquisition Council.
"Significant revisions," as used in this subpart, means revisions that alter the substantive meaning of any coverage in the FAR System having a significant cost or administrative impact on contractors or offerors, or significant effect beyond the internal operating procedures of the issuing agency. This expression, for example, does not include editorial, stylistic, or other revisions that have no impact on the basic meaning of the coverage being revised.
(a) Views of agencies and nongovernmental parties or organizations will be considered in formulating acquisition
policies and procedures.
(b) The opportunity to submit written comments on proposed significant revisions shall be provided by placing a
notice in the Federal Register. Each of these notices shall include--
(1) The text of the revision or, if it is impracticable to publish the full text, a summary of the proposal;
(2) The address and telephone number of the individual from whom copies of the revision, in full text, can be requested and to whom comments thereon should be addressed; and
(3) When 1.501-3(b) is applicable, a statement that the revision is effective on a temporary basis pending completion of the public comment period.
(c) A minimum of 30 days and, normally, at least 60 days will be given for the receipt of comments.
(a) Comments need not be solicited when the proposed coverage does not constitute a significant revision.
(b) Advance comments need not be solicited when urgent and compelling circumstances make solicitation of comments impracticable prior to the effective date of the coverage, such as when a new statute must be implemented in a relatively short period of time. In such case, the coverage shall be issued on a temporary basis and shall provide for at least a 30 day public comment period.
Consideration shall also be given to unsolicited recommendations for revisions that have been submitted in writ-
ing with sufficient data and rationale to permit their evaluation.
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.
(a) Unless specifically prohibited by another provision of law, authority and responsibility to contract for authorized supplies and services are vested in the agency head. The agency head may establish contracting activities and delegate broad authority to manage the agency's contracting functions to heads of such contracting activities. Contracts may be entered into and signed on behalf of the Government only by contracting officers. In some agencies, a relatively small number of high level officials are designated contracting officers solely by virtue of their positions. Contracting officers below the level of a head of a contracting activity shall be selected and appointed under 1.603.
(b) Agency heads may mutually agree to--
(1) Assign contracting functions and responsibilities from one agency to another; and
(2) Create joint or combined offices to exercise acquisition functions and responsibilities.
(a) 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 (see 1.603-1) 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.
(b) 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.
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. Contracting officers shall--
(a) Ensure that the requirements of 1.602-1(b) have been met, and that sufficient funds are available for obligation;
(b) Ensure that contractors receive impartial, fair, and equitable treatment; and
(c) Request and consider the advice of specialists in audit, law, engineering, transportation, and other fields, as appropriate.
(a) Definitions.
"Ratification," as used in this subsection, means the act of approving an unauthorized commitment by an official who has the authority to do so.
"Unauthorized commitment," as used in this subsection, means an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government.
(b) Policy. (1) Agencies should take positive action to preclude, to the maximum extent possible, the need for ratification actions. Although procedures are provided in this section for use in those cases where the ratification of an unauthorized commitment is necessary, these procedures may not be used in a manner that encourages such commitments being made by Government personnel.
(2) Subject to the limitations in paragraph (c) of this subsection, the head of the contracting activity, unless a higher level official is designated by the agency, may ratify an unauthorized commitment.
(3) The ratification authority in subparagraph (b)(2) of this subsection may be delegated in accordance with agency procedures, but in no case shall the authority be delegated below the level of chief of the contracting office.
(4) Agencies should process unauthorized commitments using the ratification authority of this subsection instead of referring such actions to the General Accounting Office for resolution. (See 1.602-3(d).)
(5) Unauthorized commitments that would involve claims subject to resolution under the Contract Disputes Act of 1978 should be processed in accordance with Subpart 33.2, Disputes and Appeals.
(c) Limitations. The authority in subparagraph (b)(2) of this subsection may be exercised only when--
(1) Supplies or services have been provided to and accepted by the Government, or the Government otherwise has obtained or will obtain a benefit resulting from performance of the unauthorized commitment;
(2) The ratifying official has the authority to enter into a contractual commitment;
(3) The resulting contract would otherwise have been proper if made by an appropriate contracting officer;
(4) The contracting officer reviewing the unauthorized commitment determines the price to be fair and reasonable;
(5) The contracting officer recommends payment and legal counsel concurs in the recommendation, unless agency procedures expressly do not require such concurrence;
(6) Funds are available and were available at the time the unauthorized commitment was made; and
(7) The ratification is in accordance with any other limitations prescribed under agency procedures.
(d) Nonratifiable commitments. Cases that are not ratifiable under this subsection may be subject to resolution as recommended by the General Accounting Office under its
claim procedure (GAO Policy and Procedures Manual for Guidance of Federal Agencies, Title 4, Chapter 2), or as
authorized by FAR Part 50. Legal advice should be obtained in these cases.
Subsection 414(4) of title 41, United States Code, requires agency heads to establish and maintain a procurement career management program and a system for the selection, appointment, and termination of appointment of contracting officers. Agency heads or their designees may select and appoint contracting officers and terminate their appointments. These selections and appointments shall be consistent with Office of Federal Procurement Policy's (OFPP) standards for skill-based training in performing contracting and purchasing duties as published in OFPP Policy Letter No. 92-3, Procurement Professionalism Program Policy--Training for Contracting Personnel, June 24, 1992.
In selecting contracting officers, the appointing official shall consider the complexity and dollar value of the acquisitions to be assigned and the candidate's experience, training, education, business acumen, judgment, character, and reputation. Examples of selection criteria include--
(a) Experience in Government contracting and administration, commercial purchasing, or related fields;
(b) Education or special training in business administration, law, accounting, engineering, or related fields;
(c) Knowledge of acquisition policies and procedures, including this and other applicable regulations;
(d) Specialized knowledge in the particular assigned field of contracting; and
(e) Satisfactory completion of acquisition training courses.
(a) Contracting officers shall be appointed in writing on an SF 1402, Certificate of Appointment, which shall state any limitations on the scope of authority to be exercised, other than limitations contained in applicable law or regulation. Appointing officials shall maintain files containing copies of all appointments that have not been terminated.
(b) Agency heads are encouraged to delegate micro-purchase authority to individuals who are employees of an executive agency or members of the Armed Forces of the United States who will be using the supplies or services being purchased. Individuals delegated this authority are not required to be appointed on an SF 1402, but shall be appointed in writing in accordance with agency procedures.
1.603-4 Termination.
Termination of a contracting officer appointment will be by letter, unless the Certificate of Appointment contains other provisions for automatic termination. Terminations may be for reasons such as reassignment, termination of employment, or unsatisfactory performance. No termination shall operate retroactively.
This subpart prescribes general policies and procedures for the use of determinations and findings (D&F's). Requirements for specific types of D&F's can be found
with the appropriate subject matter.
"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 contracting 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.
(a) A D&F shall ordinarily be for an individual contract action. Unless otherwise prohibited, class D&F's may be executed for classes of contract actions (see 1.703). The approval granted by a D&F is restricted to the proposed contract action(s) reasonably described in that D&F. D&F's may provide for a reasonable degree of flexibility. Furthermore, in their application, reasonable variations in estimated quantities or prices are permitted, unless the D&F specifies otherwise.
(b) 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) A class D&F provides authority for a class of contracting actions. A class may consist of contracting actions for the same or related supplies or services or other contracting actions that require essentially identical justification.
(b) The findings in a class D&F shall fully support the
proposed action either for the class as a whole or for each action. A class D&F shall be for a specified period, with the expiration date stated in the document.
(c) The contracting officer shall ensure that individual actions taken pursuant to the authority of a class D&F are within the scope of the D&F.
Each D&F shall set forth enough facts and circumstances to clearly and convincingly justify the specific determination made. As a minimum, each D&F shall include, in the prescribed agency format, the following information:
(a) Identification of the agency and of the contracting activity and specific identification of the document as a "Determination and Findings."
(b) Nature and/or description of the action being approved.
(c) Citation of the appropriate statute and/or regulation upon which the D&F is based.
(d) Findings that detail the particular circumstances, facts, or reasoning essential to support the determination
Necessary supporting documentation shall be obtained from appropriate requirements and technical personnel.
(e) A determination, based on the findings, that the proposed action is justified under the applicable statute or regulation.
(f) Expiration date of the D&F, if required (see 1.706).
(g) The signature of the official authorized to sign the
D&F (see 1.707) and the date signed.
(a) If a D&F is superseded by another D&F, that action shall not render invalid any action taken under the original D&F prior to the date of its supersession.
(b) A modification of the D&F will not require cancellation of the solicitation if the D&F, as modified, supports the contracting action.
Expiration dates are required for class D&F's and are optional for individual D&F's. Authority to act under an individual D&F expires when it is exercised or on an expiration date specified in the document, whichever occurs first. Authority to act under a class D&F expires on the expiration date specified in the document. When a solicitation has been furnished to prospective offerors before the expiration date, the authority under the D&F will continue until award of the contract(s) resulting from the solicitation.
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.