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FAR Reference |
Action & Example |
FAR 1.602 Ratification
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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
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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
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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
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Has a D&F been signed by Head of Contracting Activity? |
DFARS 217.171, Multi Yr Kt
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Has the CO included a determination in file for bond requirement for non-construction contracts? |
FAR 32.410, Adv Payments
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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
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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
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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
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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
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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
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Are Government owned facilities being furnished to the contractor? If so, has use been properly approved by the facilities CO? |
DFARS 246.704, Warranties
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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
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If planning to authorize use of Government supply sources, does the contract file include a written determination been made supporting issuance of authorization?
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