FAR -- Part 1 Federal Acquisition Regulations System

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FAR -- Part 1
Federal Acquisition Regulations System

(FAC 2005-76)
(25 July 2014)

1.000 -- Scope of Part.

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.

Subpart 1.1 -- Purpose, Authority, Issuance

1.101 -- Purpose.

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).

1.102 -- Statement of Guiding Principles for the Federal Acquisition System.

(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 --

(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.

1.102-1 -- Discussion.

(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.

1.102-2 -- Performance Standards.

(a) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service.

(b) Minimize administrative operating costs.

(c) Conduct business with integrity, fairness, and openness.

(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.

1.102-3 -- Acquisition Team.

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.

1.102-4 -- Role of the Acquisition Team.

(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. Contracting officers should take the lead in encouraging business process innovations and ensuring that business decisions are sound.

1.103 -- Authority.

(a) The development of the FAR System is in accordance with the requirements of 41 U.S.C. chapter 13, Acquisition Councils.

(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.

1.104 -- Applicability.

The FAR applies to all acquisitions as defined in Part 2 of the FAR, except where expressly excluded.

1.105 -- Issuance.

1.105-1 -- Publication and Code Arrangement.

(a) The FAR is published in--

(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.

1.105-2 -- Arrangement of Regulations.

(a) General. The FAR is divided into subchapters, parts (each of which covers a separate aspect of acquisition), subparts, sections, and subsections.

(b) Numbering.

Graphic

(c) References and citations.

1.105-3 -- Copies.

Copies of the FAR in Federal Register, loose-leaf, CD-ROM, and CFR form may be purchased from the—

Superintendent of Documents

Government Printing Office (GPO)

Washington, DC 20402.

1.106 -- OMB Approval Under the Paperwork Reduction Act.

The Paperwork Reduction Act of 1980 (44 U.S.C. chapter 35) imposes a requirement on Federal agencies to obtain approval from the Office of Management and Budget (OMB) before collecting information from 10 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

3.11

9000-0181

4.102

9000-0033

4.5

9000-0137

4.605

9000-0145

4.607

9000-0145

4.7

9000-0034

4.9

9000-0097

4.14

9000-0177

4.17

9000-0179

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

9000-0037

14.214

9000-0105

14.407

9000-0038

14.5

9000-0041

15.209

9000-0034

15.2

9000-0037

15.407-2

9000-0078

15.4

9000-0013

15.404-1

9000-0080

15.407-2

9000-0078

15.408

9000-0115

19.7

9000-0006 and 9000-0007

19.12

9000-0150

22.103

9000-0065

22.8

1215-0072

22.11

9000-0066

22.12

1235-0007 and 1235-0025

22.13

1293-0005 and 1250-0004

22.14

1250-0005

22.16

1215-0209

23.602

9000-0107

25.302

9000-0184

27.2

9000-0096

27.3

9000-0095

27.4

9000-0090

28.1

9000-0045

28.2

9000-0045

29.304

9000-0059

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

32.9

9000-0102

32.10

9000-0138

33

9000-0035

36.213-2

9000-0037

36.603

9000-0157

41.202(c)

9000-0125

42.205(f)

9000-0026

42.7

9000-0013

42.12

9000-0076

42.13

9000-0076

45

9000-0075

46

9000-0077

47

9000-0061

47.208

9000-0056

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

52.203-16

9000-0181

52.204-3

9000-0097

52.204-6

9000-0145

52.204-7

9000-0159

52.204-10

9000-0177

52.204-12

9000-0145

52.204-13

9000-0159

52.204-14

9000-0179

52.204-15

9000-0179

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

52.209-7

9000-0174

52.209-9

9000-0174

52.211-8

9000-0043

52.211-9

9000-0043

52-212-1(k)

9000-0159

52.212-3

9000-0136

52-212-4(t)

9000-0159

52.214-14

9000-0047

52.214-15

9000-0044

52.214-16

9000-0044

52.214-21

9000-0039

52.214-26

9000-0034

52.214-28

9000-0013

52.215-2

9000-0034

52.215-1 (c)(2)(iv)

9000-0048

52.215-1 (d)

9000-0044

52.215-6

9000-0047

52.215-9

9000-0078

52.215-12

9000-0013

52.215-13

9000-0013

52.215-14

9000-0080

52.215-19

9000-0115

52.215-20

9000-0013

52.215-21

9000-0013

52.215-22

9000-0173

52.215-23

9000-0173

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

52.216-15

9000-0069

52.216-16

9000-0067

52.216-17

9000-0067

52.219-9

9000-0006 and 9000-0007

52.219-10

9000-0006

52.219-22

9000-0150

52.219-23

9000—150

52.219-25

9000-0150

52.219-28

9000-0163

52.219-29

3245-0374

52.219-30

3245-0374

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

52.222-17

1235-0007 and 1235-0025

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

52.222-32

9000-0154

52.222-35

1250-0004

52.222-36

1250-0005

52.222-37

1293-0005

52.222-40

1215-0209

52.222-41

1215-0017 and 1215-0150

52.222-46

9000-0066

52.223-2

9000-0180

52.223-4

9000-0134

52.223-5

9000-0147

52.223-6 (b)(5)

9000-0101

52.223-7

9000-0117

52.223-9

9000-0134

52.225-2

9000-0024

52.225-4

9000-0130

52.225-6

9000-0025

52.225-8

9000-0022

52.225-9

9000-0141

52.225-11

9000-0141

52.225-18

9000-0161

52.225-21

9000-0141

52.225-23

9000-0141

52.227-2

9000-0096

52.227-6

9000-0096

52.227-9

9000-0096

52.227-14

9000-0090

52.227-15

9000-0090

52.227-16

9000-0090

52.227-17

9000-0090

52.227-18

9000-0090

52.227-19

9000-0090

52.227-20

9000-0090

52.227-21

9000-0090

52.227-22

9000-0090

52.227-23

9000-0090

52.228-1

9000-0045

52.228-2

9000-0045

52.228-12

9000-0135

52.228-13

9000-0045

52.228-15

9000-0045

52.228-16

9000-0045

52.229-2

9000-0059

52.230-6

9000-0129

52.232-1

9000-0070

52.232-2

9000-0070

52.232-3

9000-0070

52.232-4

9000-0070

52.232-5

9000-0070

52.232-6

9000-0070

52.232-7

9000-0070

52.232-8

9000-0070

52.232-9

9000-0070

52.232-10

9000-0070

52.232-11

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

52.232-22

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

52.236-5

9000-0062

52.236-13

1220-0029 and 9000-0060

52.236-15

9000-0058

52.236-19

9000-0064

52.241-1

9000-0126

52.241-3

9000-0122

52.241-7

9000-0123

52.241-13

9000-0124

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

52.245-1

9000-0075

52.245-9

9000-0075

52.246-2

9000-0077

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

52.247-48

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

9000-0061

52.247-68

9000-0056

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

SF 24

9000-0045

SF 25

9000-0045

SF 25-A

9000-0045

SF 28

000-0001

SF 34

9000-0045

SF 35

9000-0045

SF 273

9000-0045

SF 274

9000-0045

SF 275

9000-0045

SF 330

9000-0157

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 1413

9000-0014

SF 1416

9000-0045

SF 1418

9000-0045

SF 1428

9000-0075

SF 1429

9000-0075

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

OF 312

9000-0150

   

FAR Segment

OMB Control Number

3.103

9000-0018

3.4

9000-0003

4.102

9000-0033

4.5

9000-0137

4.605

9000-0145

4.607

9000-0145

4.7

9000-0034

4.9

9000-0097

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

9000-0037

14.214

9000-0105

14.407

9000-0038

14.5

9000-0041

15.209

9000-0034

15.2

9000-0037

15.407-2

9000-0078

15.4

9000-0013

15.404-1

9000-0080

15.407-2

9000-0078

15.408

9000-0115

19.7

9000-0006 and 9000-0007

19.12

9000-0150

22.103

9000-0065

22.8

1215-0072

22.11

9000-0066

22.13

1215-0072

22.14

1215-0072

23.602

9000-0107

23.9

9000-0139

27.3

9000-0095

27.4

9000-0090

28.1

9000-0045

28.2

9000-0045

29.304

9000-0059

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

32.9

9000-0102

32.10

9000-0138

33

9000-0035

34.1

9000-0133

36.213-2

9000-0037

36.603

9000-0157

41.202(c)

9000-0125

42.205(f)

9000-0026

42.7

9000-0013

42.12

9000-0076

42.13

9000-0076

45

9000-0075

46

9000-0077

47

9000-0061

47.208

9000-0056

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

52.204-6

9000-0145

52.204-7

9000-0159

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

52.211-8

9000-0043

52.211-9

9000-0043

52-212-1(k)

9000-0159

52.212-3

9000-0136

52-212-4(t)

9000-0159

52.214-14

9000-0047

52.214-15

9000-0044

52.214-16

9000-0044

52.214-21

9000-0039

52.214-26

9000-0034

52.214-28

9000-0013

52.215-2

9000-0034

52.215-1 (c)(2)(iv)

9000-0048

52.215-1 (d)

9000-0044

52.215-6

9000-0047

52.215-9

9000-0078

52.215-12

9000-0013

52.215-13

9000-0013

52.215-14

9000-0080

52.215-19

9000-0115

52.215-20

9000-0013

52.215-21

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

52.216-15

9000-0069

52.216-16

9000-0067

52.216-17

9000-0067

52.219-9

9000-0006 and 9000-0007

52.219-10

9000-0006

52.219-19

9000-0100

52.219-20

9000-0100

52.219-21

9000-0100

52.219-22

9000-0150

52.219-23

9000—150

52.219-25

9000-0150

52.219-28

9000-0163

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

52.222-32

9000-0154

52.222-35

1215-0072

52.222-36

1215-0072

52.222-41

1215-0017 and 1215-0150

52.222-46

9000-0066

52.223-4

9000-0134

52.223-5

9000-0147

52.223-6 (b)(5)

9000-0101

52.223-7

9000-0117

52.223-9

9000-0134

52.223-13

9000-0139

52.223-14

9000-0139

52.225-2

9000-0024

52.225-4

9000-0130

52.225-6

9000-0025

52.225-8

9000-0022

52.225-9

9000-0141

52.225-11

9000-0141

52.225-18

9000-0161

52.225-21

9000-0141

52.225-23

9000-0141

52.227-14

9000-0090

52.227-15

9000-0090

52.227-16

9000-0090

52.227-17

9000-0090

52.227-18

9000-0090

52.227-19

9000-0090

52.227-20

9000-0090

52.227-21

9000-0090

52.227-22

9000-0090

52.227-23

9000-0090

52.228-1

9000-0045

52.228-2

9000-0045

52.228-12

9000-0135

52.228-13

9000-0045

52.228-15

9000-0045

52.228-16

9000-0045

52.229-2

9000-0059

52.230-6

9000-0129

52.232-1

9000-0070

52.232-2

9000-0070

52.232-3

9000-0070

52.232-4

9000-0070

52.232-5

9000-0070

52.232-6

9000-0070

52.232-7

9000-0070

52.232-8

9000-0070

52.232-9

9000-0070

52.232-10

9000-0070

52.232-11

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

52.232-22

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

52.241-1

9000-0126

52.241-3

9000-0122

52.241-7

9000-0123

52.241-13

9000-0124

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

52.245-1

9000-0075

52.245-9

9000-0075

52.246-2

9000-0077

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

52.247-48

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

9000-0061

52.247-68

9000-0056

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

SF 24

9000-0045

SF 25

9000-0045

SF 25-A

9000-0045

SF 28

000-0001

SF 34

9000-0045

SF 35

9000-0045

SF 273

9000-0045

SF 274

9000-0045

SF 275

9000-0045

SF 330

9000-0157

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 1413

9000-0014

SF 1416

9000-0045

SF 1418

9000-0045

SF 1428

9000-0075

SF 1429

9000-0075

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

OF 312

9000-0150

   

1.107 -- Certifications.

In accordance with 41 U.S.C. 1304, a new requirement for a certification by a contractor or offeror may not be included in this chapter unless --

(a) The certification requirement is specifically imposed by statute; or

(b) Written justification for such certification is provided to the Administrator for Federal Procurement Policy by the Federal Acquisition Regulatory Council, and the Administrator approves in writing the inclusion of such certification requirement.

1.108 – FAR Conventions.

The following conventions provide guidance for interpreting the FAR:

(a) Words and terms. 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.

(b) Delegation of authority. Each authority is delegable unless specifically stated otherwise (see 1.102-4(b)).

(c) Dollar thresholds. 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.

(d) Application of FAR changes to solicitations and contracts. Unless otherwise specified –

(e) Citations. When the FAR cites a statute, Executive order, Office of Management and Budget circular, Office of Federal Procurement Policy policy letter, or relevant portion of the Code of Federal Regulations, the citation includes all applicable amendments, unless otherwise stated.

(f) Imperative sentences. When an imperative sentence directs action, the contracting officer is responsible for the action, unless another party is expressly cited.

1.109 – Statutory Acquisition-related Dollar Thresholds—Adjustment for Inflation.

(a) 41 U.S.C. 1908 requires that the FAR Council periodically adjust all statutory acquisition-related dollar thresholds in the FAR for inflation, except as provided in paragraph (c) of this section. This adjustment is calculated every 5 years, starting in October 2005, using the Consumer Price Index (CPI) for all-urban consumers, and supersedes the applicability of any other provision of law that provides for the adjustment of such acquisition-related dollar thresholds.

(b) The statute defines an acquisition-related dollar threshold as a dollar threshold that is specified in law as a factor in defining the scope of the applicability of a policy, procedure, requirement, or restriction provided in that law to the procurement of supplies or services by an executive agency, as determined by the FAR Council.

(c) The statute does not permit escalation of acquisition-related dollar thresholds established by:

(d) 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 (search FAR case 2008-024).

1.110 – Positive Law Codification.

(a) Public Law 107-217 revised, codified, and enacted as title 40, United States Code, Public Buildings, Property, and Works, certain general and permanent laws of the United States.

(b) Public Law 111-350 revised, codified, and enacted as title 41, United States Code, Public Contracts, certain general and permanent laws of the United States.

(c) The following table provides cross references between the historical titles of the acts, and the current reference in title 40 or title 41.

 

Division/Chapter

 

Historical Title of Act

Subchapter

Title

Anti-Kickback Act

41 U.S.C. chapter 87

Kickbacks.

Brooks Architect-Engineer Act.

40 U.S.C. chapter 11

Selection of Architects and Engineers.

Buy American Act.

41 U.S.C. chapter 83.

Buy American.

Contract Disputes Act of 1978.

41 U.S.C. chapter 71.

Contract Disputes.

Contract Work Hours and Safety Standards Act.

40 U.S.C. chapter 37.

Contract Work Hours and Safety Standards.

Davis-Bacon Act.

40 U.S.C. chapter 31, Subchapter IV.

Wage Rate Requirements (Construction).

Drug-Free Workplace Act.

41 U.S.C. chapter 81.

Drug-Free Workplace.

Federal Property and Administrative Services Act of 1949, Title III.

41 U.S.C. Div. C of subtitle I \1\.

Procurement.

Javits-Wagner-O'Day Act.

41 U.S.C. chapter 85.

Committee for Purchase from People Who Are Blind or Severely Disabled.

Miller Act

40 U.S.C. chapter 31, subchapter III.

Bonds.

Office of Federal Procurement Policy Act.

41 U.S.C. Div. B of subtitle I \2\.

Office of Federal Procurement Policy.

Procurement Integrity Act.

41 U.S.C. chapter 21.

Restrictions on Obtaining and Disclosing Certain Information.

Service Contract Act of 1965.

41 U.S.C. chapter 67.

Service Contract Labor Standards.

Truth in Negotiations Act.

41 U.S.C. chapter 35.

Truthful Cost or Pricing Data.

Walsh-Healey Public Contracts Act.

41 U.S.C. chapter 65.

Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000.

\1\ Except sections 3302, 3501(b), 3509, 3906, 4710, and 4711.

\2\ Except sections 1704 and 2303.

Subpart 1.2 -- Administration

1.201 -- Maintenance of the FAR.

1.201-1 -- The Two Councils.

(a) Subject to the authorities discussed in 1.103, revisions to the FAR will be prepared and issued through the coordinated action of two councils, the Defense Acquisition Regulations Council (DAR Council) and the Civilian Agency Acquisition Council (CAA Council). Members of these councils shall --

(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--

(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, the Defense Contract Management 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 --

1.201-2 -- FAR Secretariat.

(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 --

1.202 -- Agency Compliance With the FAR.

Agency compliance with the FAR (see 1.304) is the responsibility of the Secretary of Defense (for the military departments and defense agencies), the Administrator of General Services (for civilian agencies other than NASA), and the Administrator of NASA (for NASA activities).

Subpart 1.3 -- Agency Acquisition Regulations

1.301 -- Policy.

(a)

(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 41 U.S.C. 1707, 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 --

1.302 -- Limitations.

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.

1.303 -- Publication and Codification.

(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.

1.304 -- Agency Control and Compliance Procedures.

(a) Under the authorities of 1.301(d), 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 --

(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.

Subpart 1.4 -- Deviations from the FAR

1.400 -- Scope of Subpart.

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.

1.401 -- Definition.

“Deviation” means any one or combination of the following:

1.402 -- Policy.

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 30.201-3 and 30.201-4, or the requirements of the Cost Accounting Standards Board (CASB) rules and regulations (48 CFR Chapter 99 (FAR Appendix)). Refer to 30.201-5 for instructions concerning waivers pertaining to Cost Accounting Standards.

1.403 -- Individual Deviations.

Individual deviations affect only one contract action, and, unless 1.405(e) is applicable, may be authorized by agency head. The contracting officer must document the justification and agency approval in the contract file.

1.404 -- Class Deviations.

Class deviations affect more than one contract action. When an agency knows that it will require a class deviation on a permanent basis, it should propose a FAR revision, if appropriate. Civilian agencies, other than NASA, must furnish a copy of each approved class deviation 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:

(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 Assistant Administrator for Procurement. Deviations shall be processed in accordance with agency regulations.

1.405 -- Deviations Pertaining to Treaties and Executive Agreements.

(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 paragraphs (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 paragraphs (b) or (c) of this section, then the request for deviation shall be processed through the FAR Secretariat to the Civilian Agency Acquisition Council.

Subpart 1.5 -- Agency and Public Participation

1.501 -- Solicitation of Agency and Public Views.

1.501-1 -- Definition.

“Significant revisions,” as used in this subpart, means revisions that alter the substantive meaning of any coverage in the FAR System and which have 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.

1.501-2 -- Opportunity for Public Comments.

(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 --

(c) A minimum of 30 days and, normally, at least 60 days will be given for the receipt of comments.

1.501-3 -- Exceptions.

(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.

1.502 -- Unsolicited Proposed Revisions.

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.

1.503 -- Public Meetings.

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.

Subpart 1.6 -- Career Development, Contracting Authority, and Responsibilities

1.601 -- General.

(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 --

1.602 -- Contracting Officers.

1.602-1 -- Authority.

(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.

1.602-2 -- Responsibilities.

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;

(c) Request and consider the advice of specialists in audit, law, engineering, information security, transportation, and other fields, as appropriate;

(d) Designate and authorize, in writing and in accordance with agency procedures, a contracting officer’s representative (COR) on all contracts and orders other than those that are firm-fixed price, and for firm-fixed-price contracts and orders as appropriate, unless the contracting officer retains and executes the COR duties. See 7.104(e). A COR—

1.602-3 -- Ratification of Unauthorized Commitments.

(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.

(c) Limitations. The authority in subparagraph (b)(2) of this subsection may be exercised only when --

(d) Nonratifiable commitments. Cases that are not ratifiable under this subsection may be subject to resolution as recommended by the Government Accountability Office under its claim procedure (GAO Policy and Procedures Manual for Guidance of Federal Agencies, Title 4, Chapter 2), or as authorized by FAR Subpart 50.1. Legal advice should be obtained in these cases.

1.603 -- Selection, Appointment, and Termination of Appointment for Contracting Officers.

1.603-1 -- General.

41 U.S.C. 1702(b)(3)(F), 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. 05-01, Developing and Managing the Acquisition Workforce, April 15, 2005.

1.603-2 -- Selection.

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.

1.603-3 -- Appointment.

(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.

1.604 -- Contracting Officer’s Representative (COR).

A contracting officer’s representative (COR) assists in the technical monitoring or administration of a contract (see 1.602-2(d)). The COR shall maintain a file for each assigned contract. The file must include, at a minimum—

(a) A copy of the contracting officer’s letter of designation and other documents describing the COR’s duties and responsibilities;

(b) A copy of the contract administration functions delegated to a contract administration office which may not be delegated to the COR (see 1.602-2(d)(4)); and

(c) Documentation of COR actions taken in accordance with the delegation of authority.

Subpart 1.7 -- Determinations and Findings

1.700 -- Scope of Subpart.

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.

1.701 -- Definition.

“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.

1.702 -- General.

(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.

1.703 -- Class Determinations and Findings.

(a) 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.

(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.

1.704 -- Content.

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.

1.705 -- Supersession and Modification.

(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) The contracting officer need not cancel the solicitation if the D&F, as modified, supports the contract action.

1.706 -- Expiration.

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.

1.707 -- Signatory Authority.

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.


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