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  • Question

    Is a D&F required when issuing GFP/GFE (not facilities) on a contract?


    Answer

    When Government property is to be furnished to contractors it is to be documented in the written acquisition plan in accordance with FAR part 7.105, Acquisition planningContents of Written Acquisition PlansFAR 7.105(b)(15) Plan of action – Government-furnished property states “Indicate any Government property to be furnished to contractors, and discuss any associated considerations, such as its availability or the schedule for its acquisition (see 45.102).”

    DFARS PGI 245.103-70 Furnishing Government property to contractors states that the decision point as to whether or not to furnish property to contractors is made by the requiring activity (project or program manager, or purchase request generator) during  acquisition planning.  It states that prior to furnishing Government property to the contractor, the contracting officer shall ensure that each of the requirements of FAR 45.102 are addressed in detail as described in DFARS PGI 245.103-70(2) and documented in the contracting file.  The contracting file must be documented in detail to reflect, why it is in the Government’s best interest to furnish Government property to the contractor, the overall benefit, demonstrate that providing the property does not substantially increase the Government’s risk, and explain why Government requirements cannot otherwise be met if Government property is not furnished to the contractor.

    The FAR specifies contract actions for which a determination and findings (D&F) is applicable.  For example, if we take a look at FAR 7.105(b)(21) Milestones for the acquisition cycle, we see that a D&F may be required for other than full and open competition to be used.  A D&F is also called out in FAR 8.404(h)(3)(ii)(A) Use of Federal Supply Schedules – Type-of-order preference for services.

    A D&F is not called out as a requirement in the FAR or DFARS with regard to furnishing Government property to a contractor.  The requiring activity and the contracting officer shall ensure compliance with FAR part 7, FAR 45.102 and DFARS PGI 103-70(2) and document the written acquisition plan and contracting file accordingly.

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