1.102-5 Role of the Acquisition Team
Source: FAR 1.102-5 on acquisition.gov
FAR 1.102-5 empowers the Acquisition Team to make informed, delegated decisions and encourages innovation and collaboration, provided actions are lawful and in the government's best interest.
Overview
FAR 1.102-5 defines the roles, responsibilities, and expectations for members of the Acquisition Team, which includes both government and contractor personnel. It emphasizes empowering government team members, especially contracting officers, to make acquisition decisions within their authority and encourages delegation of decision-making to the lowest appropriate level. The section highlights the importance of training and professional development for government team members and encourages contractors to do the same. It also stresses the need for cooperative relationships between the government and contractors, always prioritizing taxpayer interests. Importantly, the regulation allows for innovation and sound business judgment when the FAR is silent on a specific policy or practice, provided such actions are not prohibited by law or regulation.
Key Rules
- Empowerment and Delegation
- Government team members, especially contracting officers, must be empowered to make decisions and have authority delegated to the lowest appropriate level.
- Training and Professional Development
- The government must provide resources for training and development; contractors are encouraged to do the same.
- Cooperative Relationships
- The acquisition process should foster cooperation between government and contractors, with taxpayer interests as the priority.
- Innovation and Sound Judgment
- When the FAR is silent, team members may innovate and use sound business judgment, as long as actions are legal and within their authority.
Responsibilities
- Contracting Officers: Exercise delegated authority, encourage innovation, and ensure decisions are sound and lawful.
- Contractors: Engage cooperatively with the government and invest in professional development.
- Agencies: Provide training, delegate authority appropriately, and foster a collaborative environment.
Practical Implications
- This section exists to clarify the roles and empower the Acquisition Team to act efficiently and innovatively.
- It impacts daily contracting by encouraging proactive decision-making, professional growth, and collaboration.
- Common pitfalls include failure to delegate, lack of training, or hesitancy to innovate when the FAR is silent.
(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.