A Brief Orientation to the FAR

Transcription

1 APPENDIX 5 A Brief Orientation to the FAR The Federal Acquisition Regulation (FAR) is the primary acquisition regulation that governs federal government contracts. The FAR establishes uniform policies and procedures for the federal acquisition process. FAR Organization FAR Websites farsite.hill.af.mil/vffar1.htm The FAR is divided into 53 parts, organized into 8 Subchapters designated A through H. Subchapter A General Part 1 Federal Acquisition Regulations System Part 2 Definitions of Words and Terms Part 3 Improper Business Practices and Personal Conflicts of Interest Part 4 Administrative Matters Subchapter B Competition and Acquisition Planning Part 5 Publicizing Contract Actions Part 6 Competition Requirements Part 7 Acquisition Planning Part 8 Required Sources of Supplies and Services Part 9 Contractor Qualifications Part 10 Market Research Part 11 Describing Agency Needs Part 12 Acquisition of Commercial Items Subchapter C Contracting Methods and Contract Types Part 13 Simplified Acquisition Procedures Part 14 Sealed Bidding Part 15 Contracting by Negotiation Part 16 Types of Contracts Part 17 Special Contracting Methods Part 18 Emergency Acquisitions

2 Contracting Officer s Representative Course Subchapter D Socioeconomic Programs Part 19 Small Business Programs Part 20 [Reserved, not currently in use] Part 21 [Reserved, not currently in use] Part 22 Application of Labor Laws to Government Acquisitions Part 23 Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace Part 24 Protection of Privacy and Freedom of Information Part 25 Foreign Acquisition Part 26 Other Socioeconomic Programs E General Contracting Requirements Part 27 Patents, Data, and Copyrights Part 28 Bonds and Insurance Part 29 Taxes Part 30 Cost Accounting Standards Administration Part 31 Contract Cost Principles and Procedures Part 32 Contract Financing Part 33 Protests, Disputes, and Appeals Subchapter F Special Categories of Contracting Part 34 Major System Acquisition Part 35 Research and Development Contracting Part 36 Construction and Architect-Engineer Contracts Part 37 Service Contracting Part 38 Federal Supply Schedule Contracting Part 39 Acquisition of Information Technology Part 40 [Reserved, not currently in use] Part 41 Acquisition of Utility Services Subchapter G Contract Management Part 42 Contract Administration and Audit Services Part 43 Contract Modifications Part 44 Subcontracting Policies and Procedures Part 45 Government Property Part 46 Quality Assurance Part 47 Transportation Part 48 Value Engineering Part 49 Termination of Contracts Part 50 Extraordinary Contractual Actions Part 51 Use of Government Sources by Contractors

3 A Brief Orientation to the FAR Subchapter H Clauses and Forms Part 52 Solicitation Provisions and Contract Clauses Part 53 Forms Parts, Subparts, Sections, and Subsections Each part is divided into subparts, sections, and subsections, with further divisions below the subsection level that are numbered similar to an outline. Each FAR Part starts with a table of contents, listing all of the subparts and sections in that part, as shown in this excerpt from FAR Part 31. Part: A general subject area grouping in the FAR, numbered 1 through 53. Every FAR citation begins with the FAR Part number. Subpart: One level below a part; it groups related information within the part.

4 Contracting Officer s Representative Course Section: Items within a subpart. Sections are represented by three or four-digit numbers with the subpart number followed by a sequential number starting with 1. Every subpart has at least one section. Subsection: Items within a section. Subsections are the most detailed grouping within the FAR. They are the numbered sequentially, starting with 1. In the FAR numbering scheme, the subchapters and subparts are not included. For example, the regulation regarding lobbying costs is FAR Part 31, Section 205, subsection 22 (referenced as FAR ). Clauses and Provisions Clauses and provisions are used to hold the contractor accountable for fulfilling the contract terms and, at the same time, provide the government with rights to take corrective action if performance is unsatisfactory. Clauses and provisions also hold the government accountable and allow contractors to take corrective action against the government. Clauses and provisions are in FAR Part 52. Each clause and provision has a unique number, but they always start with the same three digits The next two digits are the FAR Part that the clause or provision relates to. You always should be able to tell the subject area a clause or provision addresses by looking at the FAR Part listed in the clause or provision number. The FAR provision or clause number is then completed by a hyphen and a sequential number assigned with each section of Subpart Directly following the title and date of the clause or provision is the prescription, which

5 A Brief Orientation to the FAR has instructions for when to insert the clause or provision into a contract or solicitation. FAR contains a matrix to help you determine which contract clauses and solicitation provisions are required for the type or purpose of each contract. It also provides information about whether to include the clause or provision in full text or by reference. Full text means that the entire clause or provision must be included word-for-word. By reference means that only the clause number and title need to be included.