You all are familiar with the Federal Acquisition Regulation (FAR). However, you may need a handy reference guide to the various Parts and Subparts. I’ve put together a summary of the Parts with comments based on my experience over more than 40 years of using FAR. My comments obviously are based on my experiences and my notes reflect my opinions on the relative importance of the various Parts. I think you will find, however, that my suggestions on which Parts merit close attention and careful reading are universally true.
Each numbered paragraph corresponds to a FAR Part. (H) means highly important, (M) means only
sometimes important, and (L) means seldom important.
1.
(M)
States guiding principles, how regulations are arranged, circumstances
under which regulations, clauses, policies, and procedures may deviate from the
FAR rules, and generally how to prepare a D & F (Determination and
Finding).
2.
(H)
Definitions. Always check to see
if the word you are focused on is defined in Part 2.
3.
(H)
Improper Business Practices and Personal Conflicts of Interest
section. Whistleblower protection for
contractor employees and contractor code of business ethics and conduct. Procurement integrity prohibitions,
restrictions, and requirements.
4.
(M)
Various administrative matters such as contract execution, distribution,
contract reporting, contractor records retention, CCR, Reps, and Certs, and
reporting contractor compensation and first-tier awards.
5.
(M)
Publicizing contract actions.
Methods of dissemination of information and how and when to synopsize
contract actions.
6.
(H) Full
and open competition is required except in certain stated circumstances. Exceptions must be fully justified.
7.
(H)
Acquisition Planning including policy on contractor versus government
performance. Rules on the content of
written acquisition plans. Detailed
discussion of “inherently governmental functions”.
8.
(H)
Required sources of supplies and services. Subpart 8.4 is the only FAR discussion of
Federal Supply Schedules.
9.
(H)
Contractor qualifications, including rules on contractor responsibility,
qualifications, debarment, suspension, and ineligibility, and an important
section on organizational and consultant conflicts of interest (subpart 9.5).
10.
(M)
Market research requirements.
11.
(L) Seldom
an issue. Describes agency needs
including liquidated damages, priorities and allocations, and variation in
quantity.
12.
(H)
Acquisition of commercial items.
This is being used a lot.
Different rules for changes and terminations. Reduced number of clauses. Streamlined procedures. This is a good time to check the definition
of commercial items in Part 2.
13.
(M) Simplified
acquisition procedures. See the definition
of simplified acquisition threshold in Part 2.
14.
(M)
Sealed bidding rules. Seldom
used. Hardly ever used for services.
15.
(H)
Extremely important. All the
rules on negotiated acquisitions. Read
carefully. Contains rules on how
solicitations are to be put together, what they should include, how the
evaluation factors are to be written, how to conduct discussions and source
selection, make awards, notify winners and losers, and how to conduct
debriefings. Subpart 15.4 contains all
the rules on contract pricing. The
section ends with a discussion of unsolicited proposals which is very important
but often overlooked. In these days in
which the government is crying for innovation, 15.6 becomes very important.
16.
(H)
Discussion of all the various types of contracts. Must-read.
A complete discussion of fixed prices, IDIQ, and T & M.
17.
(M)
Multi-year contracting, options, and interagency acquisitions.
18.
(L)
Emergency acquisitions.
19.
(H)
Extremely important. All the
rules on small business programs including policies, set-asides, certificates
of competency and determinations of responsibility, contracting with SBA (8a),
and HUBZone rules.
20.
Reserved.
No content.
21.
Reserved.
No content.
22.
(M) All
about labor laws including Walsh-Healey, Service Contract Act, and disabled
veterans.
23.
(M) Rules
in the environment, energy and water efficiency, renewable energy technologies,
occupational safety, and drug-free workplace.
24.
(M)
Protection of privacy and freedom of information.
25.
(M)
Foreign acquisition. Buy American
Act, trade agreements, and prohibited sources.
26.
(M) Other
socioeconomic programs including preferences for disaster or emergency
assistance, and Indian-owned and historically black institutions.
27.
(H)
Patents, Data, and Copyrights. An
extremely important section on Rights in Data.
28.
(L) Bonds
and insurance.
29.
(L)
Taxes.
30.
(M) Cost
Accounting Standards. No worry for small
businesses.
31.
(H) An
extremely important section on allowable costs.
The five tests of allowable costs.
Worth reading.
32.
(H)
Contract financing including progress payments, contract debts, contract
funding, prompt payment, and electronic funds transfer.
33.
(H) All
the rules on protests, disputes, and appeals.
A must-read for protests and disputes.
34.
(L) Major
System Acquisition.
35.
(M)
Research and development contracting.
36.
(M)
Construction and architect-engineer contracts.
37.
(M)
Service contracting. Not really
much meat here.
38.
(M)
Federal Supply Schedule contracting.
Basically refers back to 8.4.
39.
(M) Acquisition of information technology. Not really much meat here either.
40.
Reserved.
No content.
41.
(L)
Acquisition of utility services.
42.
(H)
Contract administration and audit.
Rules for contracting officers.
Important section on novations and change of name agreements. Extremely important in light of the
anti-assignment statutes.
43.
(M)
Contract modifications. Change
orders.
44.
(M)
Subcontracting policies and procedures.
Not much meat.
45.
(M)
Government property use, title, reporting, and disposal.
46.
(M)
Quality assurance. Contract
clauses, government, and contractor responsibilities.
47.
(L)
Transportation.
48.
(L) Value
engineering. Hardly used.
49.
(H)
Termination of contracts.
Extremely important to read thoroughly.
Covers both terminations for default and for convenience. 49.201 is a thing of beauty. Cure notice and show cause notice
discussed. Adjustment for loss.
50.
(L)
Extraordinary contractual actions and the Safety Act. Hardship relief. Support anti-terrorism by Fostering Effective
Technologies Act of 2002.
51.
(L) Use
of government sources by contractors.
52.
(H) All
the solicitation provisions and contract clauses. 52.3 contains a matrix that tells you which
clauses for which type contracts are required or optional. But there is nothing in FAR telling you which
clauses are mandatory subcontract flow down clauses.
53.
(H) All
the prescribed forms with illustrations.
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