Special Contracting Methods
FAR Part 17 provides the rules and procedures for using special contracting methods, ensuring agencies and contractors apply these approaches appropriately and compliantly.
Overview
FAR Part 17, "Special Contracting Methods," provides the regulatory framework for a variety of non-standard contracting approaches used by federal agencies. This part is organized into several subparts, each addressing a specific method: multi-year contracting, options, leader company contracting, interagency acquisitions, management and operating contracts, and reverse auctions. The part outlines the authorities, policies, procedures, and limitations for each method, ensuring that agencies and contractors understand when and how these special methods can be used. It also includes requirements for documentation, evaluation, and reporting, as well as specific provisions for contracts involving the Department of Defense and interagency transactions. The structure of Part 17 helps contracting professionals navigate complex acquisition scenarios that fall outside traditional contracting processes.
Key Rules
- Multi-year Contracting
- Establishes rules for contracts spanning multiple years, including authority, objectives, and procedures.
- Options
- Details the use, evaluation, and exercise of contract options, including required documentation and clauses.
- Leader Company Contracting
- Provides guidance for contracts where one company leads and others follow, with specific limitations and procedures.
- Interagency Acquisitions
- Sets procedures for acquisitions between agencies, including those under the Economy Act and reporting requirements.
- Management and Operating Contracts
- Defines and regulates contracts for the management and operation of government facilities.
- Reverse Auctions
- Outlines policies and procedures for using reverse auctions in federal procurement.
Responsibilities
- Contracting Officers: Must determine the appropriate special contracting method, ensure compliance with applicable subpart requirements, and document decisions and justifications.
- Contractors: Should understand the implications of each special method, comply with solicitation and contract requirements, and provide necessary documentation or certifications.
- Agencies: Responsible for oversight, reporting, and ensuring that special contracting methods are used appropriately and in accordance with policy.
Practical Implications
- FAR Part 17 exists to provide flexibility in federal procurement, allowing agencies to meet unique mission needs efficiently.
- It impacts daily contracting by introducing additional procedures, documentation, and compliance steps for non-standard contracts.
- Common pitfalls include improper use of options, inadequate documentation for multi-year contracts, and failure to follow interagency acquisition procedures.