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  • Question

    FAR Subpart 1.7 "Determination and Findings states that it is only required by statute or regulation. Some examples are as follows: 6.202(b)(1), 8.404(h)(3)(ii)(A) use of time and materials. However the FAR has requirements to "make a Determination" For example FAR 17.207(D) Requires a "determination" Would it be improper to label this determination under FAR 17.207(d) as "Determination and Findings"? Should it be labeled as "Determination" for example in order to alleviate confusion that this determination does not fall under part of FAR 1.7 "Determination and Findings"?


    Answer

    This can be a source of confusion among contracting professionals. The distinction rests on the formality of the two. FAR 1.701 states "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." FAR 1.704 goes further and prescribes specific content required for a formal D&F. Other references in the FAR to "determination" or "written determination" either do not require specific documentation or require written documentation without a prescribed format and without requiring higher-level approval (i.e., the contracting officer documents the contract file). The reference at FAR 17.207(d) is not a “Determination and Findings” iaw FAR 1.701. However, be aware that agency or local procedures may supplement the FAR coverage so you should check that as well.

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