Determinations and Findings
Determinations and Findings (D&Fs) are formal, written justifications required for certain acquisition actions, and must be properly prepared, approved, and maintained to ensure compliance and accountability in federal contracting.
Overview
FAR Subpart 1.7, "Determinations and Findings" (D&F), establishes the requirements and procedures for preparing, approving, and using determinations and findings in federal contracting. D&Fs are formal, written justifications required by statute or regulation to support certain acquisition actions, such as exceptions to competition or special contract types. This subpart defines what constitutes a D&F, outlines when and how they must be used, specifies required content, and addresses issues such as class D&Fs, modification, expiration, and signatory authority. The subpart ensures that acquisition decisions are properly justified, documented, and authorized at the appropriate level, promoting transparency and accountability in government procurement.
Key Rules
- Definition and Scope
- D&Fs are formal written documents required to justify specific acquisition actions; the subpart applies whenever a D&F is required by regulation or statute.
- General Requirements
- D&Fs must be prepared and approved before taking the related acquisition action, and must include specific findings and determinations as outlined in the regulation.
- Class D&Fs
- Allows for a single D&F to cover multiple actions of the same type under specified circumstances.
- Content and Format
- D&Fs must contain certain elements, including the determination, supporting findings, expiration date, and signatory authority.
- Supersession, Modification, and Expiration
- Procedures are provided for modifying, superseding, or allowing D&Fs to expire, ensuring they remain current and applicable.
- Signatory Authority
- Only officials with proper authority may sign D&Fs, as designated by agency regulations or the FAR.
Responsibilities
- Contracting Officers: Ensure D&Fs are prepared, justified, and approved before proceeding with covered actions; maintain documentation.
- Contractors: Must comply with any requirements or limitations resulting from D&Fs, though they do not prepare them.
- Agencies: Designate appropriate signatory authorities, oversee compliance, and ensure D&Fs are current and properly maintained.
Practical Implications
- D&Fs are critical for justifying exceptions or special actions in federal contracting, protecting both the agency and the contracting officer from unauthorized or unjustified actions.
- Failure to properly prepare or approve a D&F can result in delays, protests, or contract invalidation.
- Understanding D&F requirements helps ensure smooth acquisition processes and compliance with federal law.