The fact that deviation authority is required should not, of itself, deter agencies in their development and testing of new techniques and acquisition methods. Refer to Deviations are not authorized with respect to Individual deviations affect only one contract action, and, unless 1. The contracting officer must document the justification and agency approval in the contract file.
Class deviations affect more than one contract action. When an agency knows that it will require a class deviation on a permanent basis, it should propose a FAR revision, if appropriate.
Delegation of this authority shall not be made below the head of a contracting activity. Authorization of class deviations by agency officials is subject to the following limitations:. Deviations shall be processed in accordance with agency regulations. Significant revisions , as used in this subpart, means 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.
This expression, for example, does not include editorial, stylistic, or other revisions that have no impact on the basic meaning of the coverage being revised. Each of these notices shall include-. In such case, the coverage shall be issued on a temporary basis and shall provide for at least a 30 day public comment period.
Consideration shall also be given to unsolicited recommendations for revisions that have been submitted in writing with sufficient data and rationale to permit their evaluation. Public meetings may be appropriate when a decision to adopt, amend, or delete FAR coverage is likely to benefit from significant additional views and discussion.
Contracts may be entered into and signed on behalf of the Government only by contracting officers. In some agencies, a relatively small number of high level officials are designated contracting officers solely by virtue of their positions. Contracting officers below the level of a head of a contracting activity shall be selected and appointed under 1. Contracting officers may bind the Government only to the extent of the authority delegated to them.
Contracting officers shall receive from the appointing authority see 1. Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In order to perform these responsibilities, contracting officers should be allowed wide latitude to exercise business judgment.
Contracting officers shall-. See 7. Ratification , as used in this subsection, means the act of approving an unauthorized commitment by an official who has the authority to do so. Unauthorized commitment , as used in this subsection, means 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.
Although procedures are provided in this section for use in those cases where the ratification of an unauthorized commitment is necessary, these procedures may not be used in a manner that encourages such commitments being made by Government personnel. See 1. The authority in paragraph b 2 of this subsection may be exercised only when-. Legal advice should be obtained in these cases. Agency heads or their designees may select and appoint contracting officers and terminate their appointments.
Examples of selection criteria include-. Appointing officials shall maintain files containing copies of all appointments that have not been terminated. Individuals delegated this authority are not required to be appointed on an SF , but shall be appointed in writing in accordance with agency procedures.
Termination of a contracting officer appointment will be by letter, unless the Certificate of Appointment contains other provisions for automatic termination. Terminations may be for reasons such as reassignment, termination of employment, or unsatisfactory performance.
No termination shall operate retroactively. The COR shall maintain a file for each assigned contract. The file must include, at a minimum—.
Determination and Findings means 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.
The "determination" is a conclusion or decision supported by the "findings. A class may consist of contract actions for the same or related supplies or services or other contract actions that require essentially identical justification. Necessary supporting documentation shall be obtained from appropriate requirements and technical personnel. This is a U. Individuals found performing unauthorized activities are subject to disciplinary action including criminal prosecution. Skip to main content.
Federal Acquisition Regulatory Council. My Favorites. Definitions Tool Toggle. Far Parts. The following example illustrates the make-up of a FAR number citation note that subchapters are not used with citations : 2 Subdivisions below the section or subsection level consist of parenthetical alpha numerics using the following sequence: a 1 i A 1 i c References and citations.
The following conventions provide guidance for interpreting the FAR: a Words and terms. Unless otherwise specified- 1 FAR changes apply to solicitations issued on or after the effective date of the change; 2 Contracting officers may, at their discretion, include the FAR changes in solicitations issued before the effective date, provided award of the resulting contract s occurs on or after the effective date; and 3 Contracting officers may, at their discretion, include the changes in any existing contract with appropriate consideration.
As specified in The approved waiver may be either for an individual contract or for a class of contracts for the specific item. The approved waiver and supporting documentation must be incorporated into the contract file. The solicitation provision in The contracting officer can choose to use this optional method of solicitation when deemed beneficial to the FSA in meeting its needs as a PBO. The contracting officer must select the offerors that are eligible to participate in the second phase of the process.
The contracting officer must limit the number of the selected offerors to the number of sources that the contracting officer determines is appropriate and in the best interests of the Federal government.
Any contact with employees of the Department of Education has been within the limits of appropriate advance guidance set forth in FAR No prior commitments were received from Departmental employees regarding acceptance of this proposal. Costs that are not reimbursed under a cost-sharing contract may not be charged to the Federal government under any other grant, contract, cooperative agreement, or other arrangement.
See Award-term contracting is a method, based upon a predetermined plan in the contract, to extend the contract term for superior performance and to reduce the contract term for substandard or poor performance. A Contracting Officer may authorize use of an award term incentive contract for acquisitions where the quality of contractor performance is of a critical or highly important nature.
As award term s are awarded, each additional period of performance will immediately follow the period of performance for which the award term was granted. Award-term periods may only be earned based on the evaluated quality of the performance of the contractor.
Meeting the terms of the contract is not justification to award an award-term period. The use of an award-term plan does not exempt the contract from the requirements of FAR The Contracting Officer must justify the use of an award-term incentive contract in writing. The award-term plan approving official will be appointed by the HCA.
Award-term periods may not be earned during the final option year of any contract. Award terms may be cancelled prior to the start of the period of performance at no cost to the Federal government if there is not a continued need or available funding. Award-term periods effectively move option periods to later contract performance periods. A contractor loses its ability to earn additional award terms if an earned Award-Term Period is declined.
Insert a clause substantially the same as the clause at Acceptance of price reductions offered by contractors will not be considered renegotiations as identified in this subpart if they were not initiated or requested by the Federal government. No other Federal department or agency may purchase property or services under contracts established or administered by FSA unless the purchase is approved by SPE for the requesting Federal department or agency.
Each module must be useful in its own right or useful in combination with the earlier procurement modules. Successive modules may be procured on a sole source basis under the following circumstances:. Consistent with 29 CFR 4. Accordingly, no contract subject to the Service Contract Act issued by the Department of Education will have a base period or option period that exceeds five years. Some categories of research are exempt under the regulations, and the exemptions are in 34 CFR part The release or withholding of documents requested will be made on a case-by-case basis.
Contracting officers must advise offerors and prospective contractors of the possibility that their submissions may be released under the Freedom of Information Act, not withstanding any restrictions that are included at the time of proposal submission. A clause substantially the same as the clause at This authority may not be redelegated. The criteria in FAR If a service contract requires one or more end items of supply, FAR Subpart Award-term contracting may be used for performance-based contracts and task orders that provide opportunities for significant improvements and benefits to the Department.
Use of award-term contracting must be approved in advance by the HCA. The contracting officer must include the solicitation provision in The contracting officer must include the clause at The contracting officer must insert a clause substantially the same as Requests by, or for the benefit of, foreign governments or international organizations to use ED production and research property must be approved by the HCA.
The HCA must determine the amount of cost to be recovered or rental charged, if any, based on the facts and circumstances of each case. These responsibilities include inspecting all deliverables, including reports, and recommending acceptance or rejection to the contracting officer. Any contractor requests for changes shall be submitted in writing directly to the contracting officer or through the COR.
No such changes shall be made without the written authorization of the contracting officer. As prescribed in Examples of counting the number of units: black plus one additional color on one side of one page counts as two units. Three colors including black on two sides of one page count as six units. The authority to expend funds and proceed with the collection shall be in writing by the contracting officer. Excessive delay caused by the Government that arises out of causes beyond the control and without the fault or negligence of the contractor will be considered in accordance with the Excusable Delays or Default clause of this contract.
Conflicts may arise in the following situations:. A potential contractor, subcontractor, employee, or consultant has access to nonpublic information through its performance on a government contract. A potential contractor, subcontractor, employee, or consultant has worked, in one government contract, or program, on the basic structure or ground rules of another government contract. A potential contractor, subcontractor, employee, or consultant, or member of their immediate family spouse, parent, or child has financial or other interests that would impair, or give the appearance of impairing, impartial judgment in the evaluation of government programs, in offering advice or recommendations to the government, or in providing technical assistance or other services to recipients of Federal funds as part of its contractual responsibility.
A Financial interests or reasonably foreseeable financial interests in or in connection with products, property, or services that may be purchased by an educational agency, a person, organization, or institution in the course of implementing any program administered by the Department;.
B Significant connections to teaching methodologies or approaches that might require or encourage the use of specific products, property, or services; or. C Significant identification with pedagogical or philosophical viewpoints that might require or encourage the use of a specific curriculum, specific products, property, or services. This disclosure shall include a description of actions that the contractor has taken or proposes to take to avoid, mitigate, or neutralize the actual or potential conflict or apparent conflict of interest.
The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid the appearance of a conflict of interest. If the contractor was aware of a potential conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the contracting officer, the Government may terminate the contract for default, or pursue such other remedies as may be permitted by law or this contract.
These remedies include imprisonment for up to five years for violation of 18 U. Further remedies include suspension or debarment from contracting with the Federal government. The contractor may also be required to reimburse the Department for costs the Department incurs arising from activities related to conflicts of interest. An example of such costs would be those incurred in processing Freedom of Information Act requests related to a conflict of interest.
The offeror, [insert name of offeror], hereby certifies that, to the best of its knowledge and belief, there are no present or currently planned interests financial, contractual, organizational, or otherwise relating to the work to be performed under the contract or task order resulting from Request for Proposal No.
B Significant connections to teaching methodologies that might require or encourage the use of specific products, property, or services; or. This disclosure shall include a description of actions that the contractor has taken or proposes to take, after consultation with the contracting officer, to avoid, mitigate, or neutralize the actual or potential conflict or apparent conflict of interest. If the contractor was aware of a potential conflict of interest prior to award or discovered an actual or potential conflict or apparent conflict of interest after award and did not disclose or misrepresented relevant information to the contracting officer, the Government may terminate the contract for default, or pursue such other remedies as may be permitted by law or this contract.
End of Clause. In accordance with Executive Order and to the extent permitted by law, the Government will notify the offeror before it releases restricted data. Insert the following clause in solicitations and contracts as prescribed in Bid and proposal costs are the immediate costs of preparing bids, proposals, and applications for potential Federal and non-Federal grants, contracts, and other agreements, including the development of scientific, cost, and other data needed to support the bids, proposals, and applications.
Bid and proposal costs of the current accounting period are allowable as indirect costs; bid and proposal costs of past accounting periods are unallowable as costs of the current period. Bid and proposal costs do not include independent research and development costs or pre-award costs. Independent research and development is research and development that is not sponsored by Federal and non- Federal grants, contracts, or other agreements.
To summarize, the following chart illustrates what each tool contains relevant to the act with the popular name "Forest Resources and Conservation and Shortages Relief Act of " and the different citations used as a reference point in each set. A: Subject index B: Popular name index C: Annotations to case law D: Annotations to law review articles, legal encyclopedias, digest key numbers E: Legislative history notes F: Selective legislative history documents.
For more information about the currency of any particular section of the United States Code, and the differences between the printed and online versions, see the Office of Law Revision Counsel website. Public Laws 93rd Congress to the present, through Congress.
In its simplest form, the system of publishing Federal agency regulations is based on a daily publication entitled the Federal Register, which constitutes a counterpart to the session laws, and a codification of promulgated regulations entitled the Code of Federal Regulations CFR. Each of these publications contain other components as detailed below. The location of Federal agency regulations in these official publications involves the use of a variety of Federally and commercially produced indices publications as described below.
The Internet provides opportunities to search specific annual sequences of both publications at the following web sites:. Federal Register v. The Federal Register publishes the following types of documents:. Rules and regulations - these are published with a summary, effective dates, contact persons, and relevant supplementary information.
Proposed rules - documents which notify the public of proposed regulations and solicits comments within a specific time frame. Notices - notices of hearings and investigations, committee meetings, agency decisions and rulings, delegation of authority, filing of petitions and applications, and statements from agencies regarding organization and functions.
Reminders - these include reminders of specific rules going into effect on that day and on the next day also in Friday's issue , comments due next week and a list of public laws passed this week. Each Monday, the Federal Register contains a CFR checklist, which describes the order of CFR titles, stock numbers, and the prices and revision dates for each issue published; this list provides an inventory of what a current set of CFR should contain.
The Code of Federal Regulations CFR annual edition is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. The 50 subject matter titles contain one or more individual volumes, which are updated once each calendar year, on a staggered basis.
The annual update cycle is as follows: titles are revised as of January 1; titles are revised as of April 1; titles are revised as of July 1; and titles are revised as of October 1.
Each title is divided into chapters, which usually bear the name of the issuing agency. Each chapter is further subdivided into parts that cover specific regulatory areas. Large parts may be subdivided into subparts.
All parts are organized in sections, and most citations to the CFR refer to material at the section level. The revision dates are printed on the cover and title pages of each issue. The revision dates on each CFR issue is crucial to the updating of each section therein. That date allows users to rely upon the List of Sections Affected to locate updates and proposed changes to regulations as published in the Federal Register.
The List of Sections Affected is also available on the Internet.
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