1.701
Definition
A Determination and Findings (D&F) is a required, formal written approval with supporting facts that must be completed before certain contract actions can proceed.
Overview
FAR 1.701 provides the official definition of "Determination and Findings" (D&F), a critical concept in federal contracting. A D&F is a special written approval by an authorized official, required by statute or regulation before certain contract actions can be taken. The "determination" is the official's conclusion or decision, while the "findings" are the supporting facts or rationale that justify the determination. Each finding must address all requirements specified by the relevant statute or regulation.
Key Rules
- Definition of D&F
- D&F is a formal, written approval required before specific contract actions, combining a decision (determination) and supporting facts (findings).
- Requirements for Findings
- Findings must be factual and address every statutory or regulatory requirement relevant to the contract action.
Responsibilities
- Contracting Officers: Must ensure D&Fs are properly prepared, justified, and approved before proceeding with certain contract actions.
- Contractors: Should be aware that some contract actions require a D&F and may be delayed or denied if not properly documented.
- Agencies: Must designate authorized officials to approve D&Fs and ensure compliance with statutory and regulatory prerequisites.
Practical Implications
- This section clarifies what constitutes a valid D&F, ensuring that contract actions are legally justified and properly documented.
- Failure to obtain a required D&F can result in contract delays, legal challenges, or disallowed actions.
- Understanding D&F requirements helps contractors anticipate potential administrative steps and compliance checks.