1.704 Content
Source: FAR 1.704 on acquisition.gov
Every Determination and Findings (D&F) document must include specific, detailed elements to justify and authorize a contracting action.
Overview
FAR 1.704 outlines the mandatory content requirements for Determinations and Findings (D&F) documents in federal contracting. D&Fs are formal, written justifications required by statute or regulation to support certain contracting actions. This section specifies the minimum elements that must be included in every D&F to ensure clarity, accountability, and legal sufficiency.
Key Rules
- Identification
- The D&F must clearly identify the agency, contracting activity, and label the document as a "Determination and Findings."
- Description of Action
- The D&F must describe the nature or type of action being approved.
- Legal Citation
- The D&F must cite the specific statute or regulation that authorizes the action.
- Findings
- The D&F must include detailed findings—facts, circumstances, and reasoning—supported by documentation from technical and requirements personnel.
- Determination
- The D&F must state a determination, based on the findings, that the action is justified under the cited authority.
- Expiration Date
- If required, the D&F must specify an expiration date.
- Signature and Date
- The D&F must be signed and dated by the authorized official.
Responsibilities
- Contracting Officers: Ensure all required elements are included in every D&F and obtain necessary supporting documentation.
- Contractors: Typically not responsible for D&F content, but should be aware of its requirements for compliance and protest purposes.
- Agencies: Must use prescribed formats and ensure D&Fs are properly justified, signed, and retained.
Practical Implications
- This section ensures D&Fs are thorough, legally defensible, and transparent.
- Missing or incomplete elements can result in delays, legal challenges, or invalidation of the contracting action.
- Proper documentation and adherence to format are critical for audit and oversight.
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.