FAR Part 1 - Federal Acquisition Regulations System Flashcards
(23 cards)
What is the purpose of the Federal Acquisition Regulations System? (FAR 1.101)
To codify and publish uniform policies and procedures for acquisition by all executive agencies.
What are the four guiding principles of the Federal Acquisition System? (FAR 1.102(b))
(1) Satisfy the customer, (2) Minimize administrative operating costs, (3) Conduct business with integrity, fairness, and openness, and (4) Fulfill public policy objectives.
Who comprises the Acquisition Team, as defined in the FAR? (FAR 1.102(c))
All participants in Government acquisition, including representatives of the technical, supply, and procurement communities, the customers they serve, and the contractors who provide the products and services.
What is the significance of the statement that government members of the Acquisition Team may assume a strategy, practice, policy or procedure is permissible if not addressed in the FAR, nor prohibited by law, Executive order or other regulation? (FAR 1.102(d))
It empowers the team to exercise personal initiative and sound business judgment, encouraging innovation and flexibility within legal and regulatory boundaries.
What are the performance standards expected of the Federal Acquisition System, and how are customers defined within the system? (FAR 1.102-2)
Satisfy the customer in terms of cost, quality, and timeliness. Customers are the users and line managers acting on behalf of the American taxpayer.
What is the Government’s policy regarding communication with industry in the acquisition cycle? (FAR 1.102-2(a)(4))
The Government is permitted and encouraged to engage in responsible and constructive exchanges with industry as early as possible in the acquisition cycle, consistent with existing laws and regulations, and without promoting an unfair competitive advantage.
What is the role of planning in the acquisition process, and how does flexibility factor into it? (FAR 1.102-2(a)(8))
Planning is an integral part of the overall process of acquiring products or services. While advance planning is required, each member of the Team must be flexible in order to accommodate changing or unforeseen mission needs.
What are the responsibilities of the Defense Acquisition Regulations Council (DAR Council) and Civilian Agency Acquisition Council (CAA Council) in maintaining the FAR? (FAR 1.201-1)
Agreeing on revisions, submitting information for publication, considering comments, arranging meetings, preparing revisions, and submitting revisions for publication.
Under what circumstances can an agency head issue or authorize the issuance of agency acquisition regulations that implement or supplement the FAR? (FAR 1.301(a)(1))
Subject to certain authorities and statutory authority, an agency head may issue acquisition regulations that implement or supplement the FAR and incorporate agency policies, procedures, contract clauses, solicitation provisions, and forms that govern the contracting process.
What are the limitations on agency acquisition regulations? (FAR 1.302)
They shall be limited to those necessary to implement FAR policies and procedures within the agency, and additional policies, procedures, solicitation provisions, or contract clauses that supplement the FAR to satisfy the specific needs of the agency.
What constitutes a deviation from the FAR? (FAR 1.401)
Any one or combination of the following: The issuance or use of a policy, procedure, solicitation provision, contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR, the omission of any solicitation provision or contract clause when its prescription requires its use, etc. (See FAR 1.401 for the complete definition)
What is the policy regarding deviations from the FAR, and what factors should be considered when determining whether to grant a deviation? (FAR 1.402)
Deviations may be granted when necessary to meet specific agency needs and requirements, unless precluded by law, executive order, or regulation. The development and testing of new techniques and methods of acquisition should not be stifled simply because such action would require a FAR deviation.
What is the difference between an individual deviation and a class deviation, and who typically authorizes each? (FAR 1.403, 1.404)
Individual deviations affect only one contract action and are generally authorized by the agency head. Class deviations affect more than one contract action and are authorized by the agency head or designee (with some limitations).
What are “significant revisions” to the FAR, and how are public comments solicited for them? (FAR 1.501-1, 1.501-2)
Revisions that alter the substantive meaning of any coverage in the FAR System and which have a significant cost or administrative impact on contractors or offerors, or significant effect beyond the internal operating procedures of the issuing agency. Public comments are solicited by placing a notice in the Federal Register.
What authority do contracting officers have, and to what extent can they bind the Government? (FAR 1.602-1
Contracting officers have authority to enter into, administer, or terminate contracts and make related determinations and findings. They may bind the Government only to the extent of the authority delegated to them.
What are the key responsibilities of contracting officers? (FAR 1.602-2)
- Ensure that the requirements and funds are available
- Ensure that contractors receive impartial, fair, and equitable treatment.
- Request and consider the advice of specialists in audit, law, engineering, information security, transportation
- Designate and authorize, in writing and in accordance with agency procedures, a contracting officer’s representative (COR) on all contracts and orders other than those that are firm-fixed price, and for firm-fixed-price contracts and orders as appropriate, unless the contracting officer retains and executes the COR duties.
What is a Contracting Officer’s Representative (COR), and what are their responsibilities and limitations? (FAR 1.602-2(d))
A COR assists in the technical monitoring or administration of a contract. They must be a government employee (usually), certified, and qualified by training and experience. They have no authority to make commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract.
What is an “unauthorized commitment,” and what are the limitations on ratifying such commitments? (FAR 1.602-3)
An agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government. Ratification is only allowed when specific conditions are met (supplies/services have been provided and accepted, ratifying official has authority, resulting contract would have been proper, price is fair and reasonable, etc.).
What factors should be considered when selecting contracting officers? (FAR 1.603-2)
The complexity and dollar value of the acquisitions to be assigned and the candidate’s experience, training, education, business acumen, judgment, character, and reputation.
What is a Determination and Findings (D&F), and when is it required? (FAR 1.701)
A special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions.
What information must be included in a D&F? (FAR 1.704)
Identification of the agency, nature of the action, citation of the statute/regulation, findings, a determination, expiration date (if required), and signature of the authorized official.
How is the FAR organized and numbered? Give an example of how to cite a specific paragraph of the FAR both within and outside the regulation. (FAR 1.105-2)
The FAR is divided into subchapters, parts, subparts, sections, and subsections. For example, reference to FAR 9.106-4(d) outside the FAR would be “FAR 9.106-4(d)” and within the FAR would be “9.106-4(d)
