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The FAR and What it Covers ✔✔Part of a system established for the codification and publication of uniform policies and procedures for acquisition.
*Federal Acquisition Regulation ( primary Doc)
*Agency Acquisition Regulations (implement and supplement)
- FAr is found in Charpter 1 of Title 48 of CFR
What are the Essence of the FAR? ✔✔*Rules
*Polices and Procedures
- sound Business judgment
- Framed, or informrd, by rules, policies , and guidelines in the FAR
Where can you find the FAR? ✔✔*www.aquisition.gov/
*www.ecfr.gov/
*in print from the GPO or private publishers
What agencies are subject to the FAR? ✔✔The FAR applies to most executive agencies. The FAR does not apply to legislative branch agencies or judicial branch agencies, although agencies in the other branches of government (or otherwise not subject to the FAR) may adopt the FAR as a matter of policy, or promulgate or otherwise be subject to requirements like those in the FAR.The FAR does not directly regulate federal contractors or would-be federal contractors, although such vendors are affected by the application of the FAR's definitions, policies, procedures, and requirements by contracting officers
What purchases are subject to the FAR? ✔✔The FAR covers the acquisition of supplies and services with appropriated funds for most Executives agenice.
- FAR 2.101, acquisition
- FAR 2.101, the term supplies
- FAR 37.101 Services
Appropriated Funds ✔✔Funds paid out of the U.S. Treasury that are charged to an appropriation provided by or Derived from an act of congress {GAO red Book. 4TH ed.}
What is the relationship between the FAR and a federal contract? ✔✔The FAR applies only to federal agencies, while the contract applies to both the agency and the contractor.
(v) Policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors.
DFARS 201.301(a)(1)
DFAR is found in Chapter 2 of Title 48 of the CFR
What are Implementation? ✔✔The DFARS implements the FAR when it adds more specific information to information stated in the FAR.
*always check DFARS to see how Requirement in the FAR is implemented for the DoD
What are Supplementation? ✔✔When it adds polices and procesdures that are not covered in the FAR.
What is the DFARS Procedures, Guidance, and Information (PGI)? ✔✔Companion resource to the DFARS, which Contains:
Mandatory internal DoD procedures and Guidance
non-mandatory internal DOD procedures and Guidance
DFARS PGI is not part of the CFR
What are deviations? ✔✔Agency noncompliance with a mandatory procurement regulation, in absence of a statute expressly requiring or authorizing such noncompliance
*only deviations authorized by the FAR are Permitted
Two Types of Deviations in the FAR:
*individual
FAR subpart 1.
key point about Individual Deviations ✔✔* Individual deviations affect only individual contract actions.
- They may generally be authorized by the agency head, with the contracting officer required to document the justification and agency approval in the contract file.
Key Points about Class Deviations ✔✔* Class deviations affect multiple contract actions.
remain in effective until their expiration date, or effective until FAR/DFARS have been rescinded or implementation
can point to specific category of contracting actions( e.g. "Contracting Operations")
What are the FAR conventions? ✔✔FAR 1.
reading regulation "e.g." vs "i.e." ✔✔* "e.g."= for example - used in conjunction with listed items are some examples, but not a definitive list of all that can/ should be considered.
- "i.e."= in other words- Used to provide further clarification.
- used in conjunction with a list means the listed items are the only items that can be considered.
reading regulation Must and Shell vs Should vs May ✔✔"Must" and "shall" mean that the rule is mandatory. "Should" means that the rule is to be followed unless inappropriate for a particular circumstance.
"May" means that the rule is permissive.
