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    Are there any limitation on putting an expiration date on a individual Determination and Findings?


    Answer

    Question 1:  Guidance is provided in FAR 1.706.
    Question 2:  No information found on putting an expiration date on a Consolidation Determination and Findings.  However, what will serve as guidance is found under Class determinations and findings (FAR 1.703).   
     

     “Determination and Findings” means 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
     

    A D&F shall ordinarily be for an individual contract action. Unless otherwise prohibited, class D&F’s may be executed for classes of contract actions (see 1.703). The approval granted by a D&F is restricted to the proposed contract action(s) reasonably described in that D&F. D&F’s may provide for a reasonable degree of flexibility. Furthermore, in their application, reasonable variations in estimated quantities or prices are permitted, unless the D&F specifies otherwise.
    (b) When an option is anticipated, the D&F shall state the approximate quantity to be awarded initially and the extent of the increase to be permitted by the option.

    Class determinations and findings.
    (a) A class D&F provides authority for a class of contract actions. A class may consist of contract actions for the same or related supplies or services or other contract actions that require essentially identical justification.
    (b) The findings in a class D&F shall fully support the proposed action either for the class as a whole or for each action. A class D&F shall be for a specified period, with the expiration date stated in the document.
    (c) The contracting officer shall ensure that individual actions taken pursuant to the authority of a class D&F are within the scope of the D&F.
     

    Each D&F shall set forth enough facts and circumstances to clearly and convincingly justify the specific determination made. As a minimum, each D&F shall include, in the prescribed agency format, the following information:

    (a) Identification of the agency and of the contracting activity and specific identification of the document as a “Determination and Findings.”
    (b) Nature and/or description of the action being approved.
    (c) Citation of the appropriate statute and/or regulation upon which the D&F is based.
    (d) Findings that detail the particular circumstances, facts, or reasoning essential to support the determination. Necessary supporting documentation shall be obtained from appropriate requirements and technical personnel.
    (e) A determination, based on the findings, that the proposed action is justified under the applicable statute or regulation.
    (f) Expiration date of the D&F, if required (see 1.706).
    (g) The signature of the official authorized to sign the D&F (see 1.707) and the date signed.

    Supersession and modification.

    (a) If a D&F is superseded by another D&F, that action shall not render invalid any action taken under the original D&F prior to the date of its supersession.
    (b) The contracting officer need not cancel the solicitation if the D&F, as modified, supports the contract action.

    Expiration.

    Expiration dates are required for class D&F’s and are optional for individual D&F’s. Authority to act under an individual D&F expires when it is exercised or on an expiration date specified in the document, whichever occurs first. Authority to act under a class D&F expires on the expiration date specified in the document. When a solicitation has been furnished to prospective offerors before the expiration date, the authority under the D&F will continue until award of the contract(s) resulting from the solicitation.

    Signatory authority.

    When a D&F is required, it shall be signed by the appropriate official in accordance with agency regulations. Authority to sign or delegate signature authority for the various D&F’s is as shown in the applicable FAR part.
     



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