1.705
Supersession and modification
Superseding or modifying a D&F does not invalidate prior actions or require solicitation cancellation if the modified D&F still supports the contract action.
Overview
FAR 1.705 addresses the procedures and implications when a Determination and Findings (D&F) document is superseded or modified during the acquisition process. It clarifies that actions taken under an original D&F remain valid even if a new D&F supersedes it. Additionally, if a D&F is modified and still supports the contract action, the contracting officer is not required to cancel the solicitation. This section ensures continuity and reduces unnecessary administrative burden when D&Fs are updated or replaced.
Key Rules
- Supersession of D&F
- Actions taken under an original D&F before it is superseded remain valid and are not invalidated by the new D&F.
- Modification of D&F
- If a D&F is modified but still supports the contract action, the contracting officer does not need to cancel the solicitation.
Responsibilities
- Contracting Officers: Ensure that actions taken under a previous D&F are recognized as valid, and assess whether a modified D&F continues to support the solicitation before considering cancellation.
- Contractors: Be aware that changes to D&Fs do not automatically invalidate prior actions or require solicitation cancellation.
- Agencies: Oversee that D&F modifications or supersessions are properly documented and that acquisition processes remain compliant.
Practical Implications
- This section exists to provide stability and predictability in the contracting process when D&Fs are updated.
- It prevents unnecessary delays or cancellations due to administrative changes in D&F documentation.
- Common pitfalls include misunderstanding the validity of prior actions or unnecessarily cancelling solicitations when a D&F is modified.