5.001
Definition
FAR 5.001 defines "contract action" for publicizing requirements, clarifying which actions must be publicly announced and which are excluded.
Overview
FAR 5.001 provides a specific definition for the term "contract action" as it applies to Part 5, which deals with publicizing contract actions. This definition clarifies what types of actions are subject to the publicizing requirements of Part 5. It includes actions that result in a new contract or actions for additional supplies or services that are outside the scope of an existing contract. However, it excludes actions that are within the scope and under the terms of an existing contract, such as modifications made under the Changes clause or administrative changes like funding adjustments.
Key Rules
- Definition of Contract Action
- A contract action includes any action resulting in a new contract or an out-of-scope addition to an existing contract.
- Exclusions from Contract Action
- Actions within the scope and terms of an existing contract, such as modifications under the Changes clause or administrative changes, are not considered contract actions for the purposes of Part 5.
Responsibilities
- Contracting Officers: Must correctly identify whether an action qualifies as a "contract action" under this definition to ensure proper publicizing procedures are followed.
- Contractors: Should understand what constitutes a contract action to anticipate publicizing and competition requirements.
- Agencies: Must ensure oversight and compliance with publicizing requirements based on this definition.
Practical Implications
- This section exists to clarify which actions require public notice and which do not, helping avoid unnecessary publicizing of routine contract modifications.
- It impacts daily contracting by guiding when to initiate publicizing procedures.
- Common pitfalls include misclassifying in-scope modifications as contract actions or failing to publicize true out-of-scope actions.