Section 809 Panel FAR and DFARS Research and Reference Document

                                                                           

Background and Document Use:

The Federal Acquisition Regulation (FAR), codified at Title 48 Code of Federal Regulations (CFR), provides the primary regulatory framework by which the Federal government contracts for supplies and services and implements statutes, executive orders, policies and guidance established by organizations across the Federal Government. DoD supplements the FAR as needed to accommodate DoD-specific statutes, executive orders, and policies in the Defense Federal Acquisition Regulations Supplement (DFARS).

The purpose of this research and reference document produced by the Section 809 Panel is to assist government and industry acquisition team members in their efforts to better understand the FAR and DFARS, including the origins and basis for language and requirements. In addition, this FAR/DFARS reference document can serve as a training resource for classroom, on-the-job, job-specific, and just-in-time training. This FAR and DFARS research and reference document is current as of 15 January 2019 and has not been updated after that date. It includes FAR Parts 1-52 and DFARS Parts 201-251. This document identifies regulatory and statutory changes extracted from Federal Register Notices (FRNs) since the establishment of the FAR in September 1983 and the 31 July 1991 edition of the DFARS. This document is for research into the history and sources of FAR and DFARs content. Since it is not being updated for changes to the FAR and DFARS after 15 January 2019, it should be used in conjunction with the current FAR and DFARS maintained in the Code of Federal Regulations.

Federal Register Notices (FRNs) published by the Office of the Federal Register, National Archives and Records Administration (NARA), contain the details on the source of changes (e.g., statutory, policy or executive order), the proposed and final rule language and public comments received through the Office of Federal Procurement Policy (OFPP) rulemaking process. The website at https://www.archives.gov/federal-register/the-federal-register/about.html provides detailed information about the Federal Register, including what it contains and the rulemaking process.

This research and reference document was prepared using Microsoft Word 2010. The comments were inserted using the track changes feature. Due to privacy requirements, all comments are shown as “Author”. Comments are automatically numbered sequentially in Word. If pages in the document are printed, the printed copy will show comments as “Commented [A1]”, “Commented [A2], etc.

Comment Development Process:

The FRN(s) associated with each section of the FAR and DFARS, as identified in Title 48 of the Code of Federal Regulations, was reviewed with some exceptions . The comments provided in the document include:

  • The Case Number and Subject
  • Whether an interim or final rule
  • A brief summary of the issue and objective extracted directly from the FRN of the interim and/or final rule and what changed. For example:
  • 67 FR 13053, Mar 20, 2002; FAC 2001-06; FAR Case 2000-402; Definitions for “Contract Action” and “Contracting Action.” Final rule to provide for consistent use of the term ‘‘contract action’’ and to make other editorial changes to clarify the text. This rule amends the FAR to provide for consistent use of the term ‘‘contract action.’’ The rule changes the term ‘‘contracting action’’ to ‘‘contract action’’ throughout the FAR and makes other editorial changes to clarify the text. Section 5.001 was revised.
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