Determination & Findings Listing

A Determination and Finding is 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.’’ The findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation. (Source: FAR 1.7)

Training
D & F Training (Operational CONS Training Team)
D & F Background Paper (USN CMPG)
Examples
FAR Reference Action & Example
FAR 1.602 Ratification
Have you provided determination for approval an unauthorized commitment by an official who has the authority to do so?
FAR 5.101(a)(2), Display of Contract Action Have you determined non-availability of a public place?
FAR 5.202(a)(1-14), FAR 5.201, Non-Synopsis Have you determined whether the proposed action meets one of the exceptions as noted in 5.202(a) 1-14 in order to exempt the requirement to synopsize as noted in 5.201?.**Various Examples**
FAR 6.401, Sealed Bidding If sealed bidding procedures are NOT used, has CO included in file which of the four conditions of FAR 6.401(a) that cannot be met?
FAR 7.4, DFARS 207.4, DoDI 7041.3, Lease Vs. Buy Have you considered ensured that a lease/puchase analysis has been completed and documented what factors have been considered?
FAR 7.107(f), Bundling Have you determined/justified bundling in acquisition strategy documentation.
DFARS 207.170-3, Consolidation Agencies shall not consolidate contract requirements with a total value exceeding $5M unless the acquisition strategy includes a determination by the senior procurement executive that the consolidation is necessary and justified.
DFARS 217.78, Proper Use of Non DoD Contracts All Non-DoD or MAC commodity and service actions greater than the SAT, regardless of whether they are direct or assisted acquisitions, must have a D&F included in the file to support the decision. AFFARS MP 5317.8 HAS EXAMPLE D&F
FAR 9.105-2, Non Responsbible Have you made a determination of offeror non-responsibility? This must be documented in the acquisition file.**Various Examples**
FAR 9.5, Conflicts of Interest Has the contracting officer determined if there are any Organizational Conflicts of Interest?
FAR 11.501(a) and (b), 11.503(b), 16.402-2 and 52.211-12, Liquidated Damages Have you considered the potential impact on pricing, competition, and contract administration before using a liquidated damages clause? Have you complied with the requirements in 11.501?**Various Examples**
FAR 12, & DPAP Policy Memo Commercial Determinations (Mar 07), Commercial Determinations If your contract action >$1M & your acquisition is using FAR 12, has the CO made a determination of commerciality of item/service?. **Various Examples**
FAR 13.106-1(a) & FAR 13.106-3(b), SAT Sole Source Have you addressed justification for sole source acquisitions as outlined in FAR 13?**Various Examples**
FAR 13.106 (a), SAT Urgent & Compelling justifications for sole source acquisitions using urgent & compelling as outlined in FAR 13?.**Various Examples**
FAR 13.106-3, Fair & Reasonable Price Have you determined basis for award using simplified acquisition procedures, ensured proper determination of the proposed price as fair and reasonable and the basis of this determination.**Various Examples**
FAR 13.302, BPA Establishment
Have you determined that the establishment of a BPA is the best method of fulfilling the POC’s repetitive need/requirement as outlined in FAR 13.302?
FAR 13.502, Unpriced Action Have you determined basis for award using an unpriced order & why circumstances dictate. **Various Examples**
FAR 14.407-3,Other Mistakes Have you had the agency headmake a determination permitting the bidder to correct the mistake; provided, that if this correction would result in displacing one or more lower bids...
FAR 15.203(f),Oral Solicitation Have you determined that the time required to process a written solicitation would delay the acquisition of supplies or services to the detriment of the government?
FAR 16.207, FFP LOE If FFP LOE, has the COCO determined it necessary?
FAR 16.203-3, FP EPA IF FP/EPA, has the CO determined EPA is necessary?
FAR 16.306(c),CPFF If Cost Plus Fixed Fee (CPFF) is contemplated by the contracting officer, has the CO complied with all the requirements depicted in FAR 15.404-4(c)(4)(i) and FAR 16.301(c)?
FAR 16.404(b), FP Afee If a solicitation iscontemplating a Fixed-Price Award Fee award, has CO determined the the conditions in FAR 16.404 exist?.
FAR 16.601(c)(1) & FAR 12.207 (c)(3), T&M
If T&M contract is selected, has a D&F properly prepared, signed and dated?
FAR 16.603-3, DFARS 216.603-3, DFARS 217.74, Letter Kt
Has a D&F been signed by Head of Contracting Activity?
DFARS 217.171, Multi Yr Kt
Is the determination to use multi-year contracting for services signed by the HCA? Does the determination include a) requirement is continuous; b) substantial initial investment by the contractor is required; c) competition will be enhanced?
FAR 17.207, FAR 52.217-8, Period of Performance
If this is an option to extend the period of performance, has the CO written a determination the contractor’s performance is satisfactory and the extension is in the best interest of the government? (This is not to exercise an option year)
FAR 17.205, Doc of Options
Has the CO justified in writing the quantities or the term under option, the notification period for exercising the option, and any limitation on option price under 17.203(g)?**Various Examples**
FAR 17.207, FAR 52.217-8, Exercise of Options
Before exercising an option, has the CO made a written determination that exercise is in accordance with the terms of the option, the requirements of part 17 section, and part 6?
FAR 17.503, DFARS 217-503, Economy Act
If the Economy Act applies, does the MIPR package include a cost estimate and backup documentation? AFFARS MP 5317.5 HAS EXAMPLE.
FAR 19.705-2(c), Subcontracting
Have subcontracting possibilities been determined to be nonexistent and been approved at a level above the CO?
FAR 22.103-4, DFARS 222.103-4, Overtime
If the Contractor's proposal includes OVERTIME, does the file contain a CO determination that overtime is necessary? Has the designated official approved the determination if a total dollar amount of overtime is included?
FAR 22.1003-4(b)(4)(iii)(A), Non App of the SCA
Has the CO made a determination of the non-applicability in the first instance by the CO before contract award?
DFARS 227.7103-2, 227.7203-2, Tech & Software Data
Has the CO determined the technical/software data requirements, and the corresponding rights in technical data and incorporated the applicable clauses?
FAR 28.101-1 (c) & 28.102, Bonds
Is the Bid Bond waiver required? The Miller Act and FAR 28.102-1(a) provides an exception for the CO to waive this requirement if the work is performed in a foreign country and the CO determines that providing such bonds...
FAR 28.103, Bonds
Has the CO included a determination in file for bond requirement for non-construction contracts?
FAR 32.410, Adv Payments
Has a determination been included in the file with CO recommendation IAW FAR 32.402(c) details/justification? **Various Examples**
FAR 33.104(b), GAO Protests Before Award
When the agency has received notice from the GAO of a protest filed directly with the GAO, a contract may not be awarded unless authorized, in accordance with agency procedures, by the head of the contracting activity, on a nondelegable basis upon a written finding....
FAR 33.104(c), Protests After Award
In accordance with agency procedures, the head of the contracting activity may, on a nondelegable basis, authorize contract performance, notwithstanding the protest, upon a written finding that…
FAR 37.101, Non Personal Svcs
Has the CO determined whether the proposed service is for a personal or nonpersonal services contract using the definitions in 2.101 and 37.101 and the guidelines in 37.104?
FAR 37.205, A&AS Svcs
Has the CO ensured that the determination required in accordance with the guidelines at 37.204 has been made prior to issuing a solicitation?
FAR 45.302-1 DFARS 245.302-1, Gov't Owned Facilities
Are Government owned facilities being furnished to the contractor? If so, has use been properly approved by the facilities CO?
DFARS 246.704, Warranties
Have you determined the use of Warranty Clause and received approval by the Chief of Contracting Office?**Various Examples**
FAR 51.102(a), Gov't Supply Sources
If planning to authorize use of Government supply sources, does the contract file include a written determination been made supporting issuance of authorization?
This page last updated: March 25, 2014
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