Difference between revisions of "Federal Acquisition Regulation (FAR)"

Latest revision as of 11:31, 30 March 2015

1.000 Scope of part

This part sets forth basic policies and general information about the Federal Acquisition Regulations System including purpose, authority, applicability, issuance, arrangement, numbering, dissemination, implementation, supplementation, maintenance, administration, and deviation. Subparts 1.2, 1.3, and 1.4 prescribe administrative procedures for maintaining the FAR System.

1.101 Purpose

The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies. The Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR. The FAR System does not include internal agency guidance of the type described in 1.301(a)(2).

1.102 Statement of guiding principles for the Federal Acquisition System

(a) The vision for the Federal Acquisition System is to deliver on a timely basis the best value product or service to the customer, while maintaining the public’s trust and fulfilling public policy objectives. Participants in the acquisition process should work together as a team and should be empowered to make decisions within their area of responsibility.

(b) The Federal Acquisition System will—

(1) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service by, for example—

(i) Maximizing the use of commercial products and services;

(ii) Using contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform; and

(iii) Promoting competition;

(2) Minimize administrative operating costs;

(3) Conduct business with integrity, fairness, and openness; and

(4) Fulfill public policy objectives.

(c) The Acquisition Team consists of all participants in Government acquisition including not only representatives of the technical, supply, and procurement communities but also the customers they serve, and the contractors who provide the products and services.

(d) The role of each member of the Acquisition Team is to exercise personal initiative and sound business judgment in providing the best value product or service to meet the customer’s needs. In exercising initiative, Government members of the Acquisition Team may assume if a specific strategy, practice, policy or procedure is in the best interests of the Government and is not addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, that the strategy, practice, policy or procedure is a permissible exercise of authority.

1.105-1 Publication and code arrangement.

(a) The FAR is published in—

(1) The daily issue of the Federal Register;

(2) Cumulated form in the Code of Federal Regulations (CFR); and

(3) A separate loose-leaf edition.

(b) The FAR is issued as Chapter 1 of Title 48, CFR. Subsequent chapters are reserved for agency acquisition regulations that implement or supplement the FAR (see Subpart 1.3). The CFR Staff will assign chapter numbers to requesting agencies.

(c) Each numbered unit or segment (e.g., part, subpart, section, etc.) of an agency acquisition regulation that is codified in the CFR shall begin with the chapter number. However, the chapter number assigned to the FAR will not be included in the numbered units or segments of the FAR.

1.105-2 Arrangement of regulations.

(a)General

The FAR is divided into subchapters, parts (each of which covers a separate aspect of acquisition), subparts, sections, and subsections.

(b) Numbering

(1) The numbering system permits the discrete identification of every FAR paragraph. The digits to the left of the decimal point represent the part number. The numbers to the right of the decimal point and to the left of the dash represent, in order, the subpart (one or two digits), and the section (two digits). The number to the right of the dash represents the subsection. Subdivisions may be used at the section and subsection level to identify individual paragraphs. The following example illustrates the make-up of a FAR number citation (note that subchapters are not used with citations):

Subchapter A—General

Part 1—Federal Acquisition Regulations System

1.1 Purpose, Authority, Issuance

1.2 Administration

1.3 Agency Acquisition Regulations

1.4 Deviations from the FAR

1.5 Agency and Public Participation

1.6 Career Development, Contracting Authority, and Responsibilities

1.7 Determinations and Findings

Part 2—Definitions of Words and Terms

2.1 Definitions

2.2 Definitions Clause

Part 3—Improper Business Practices and Personal Conflicts of Interest

3.1 Safeguards

3.2 Contractor Gratuities to Government Personnel

3.3 Reports of Suspected Antitrust Violations

3.4 Contingent Fees

3.5 Other Improper Business Practices

3.6 Contracts with Government Employees or Organizations Owned or Controlled by Them

3.7 Voiding and Rescinding Contracts

3.8 Limitations on the Payment of Funds to Influence Federal Transactions

3.9 Whistleblower Protections for Contractor Employees

3.10 Contractor Code of Business Ethics and Conduct

3.11 Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions

Part 4—Administrative Matters

4.1 Contract Execution

4.2 Contract Distribution

4.3 Paper Documents

4.4 Safeguarding Classified Information Within Industry

4.5 Electronic Commerce in Contracting

4.6 Contract Reporting

4.7 Contractor Records Retention

4.8 Government Contract Files

4.9 Taxpayer Identification Number Information

4.10 Contract Line Items

4.11 System for Award Management

4.12 Representations and Certifications

4.13 Personal Identity Verification

4.14 Reporting Executive Compensation and First-Tier Subcontract Awards

4.15 [Reserved]

4.16 Unique Procurement Instrument Identifiers

4.17 Service Contracts Inventory

4.18 Commercial and Government Entity Code

Subchapter B—Competition and Acquisition Planning

Part 5—Publicizing Contract Actions

5.1 Dissemination of Information

5.2 Synopses of Proposed Contract Actions

5.3 Synopses of Contract Awards

5.4 Release of Information

5.5 Paid Advertisements

5.6 Publicizing Multi-Agency Use Contracts

5.7 Publicizing Requirements Under the American Recovery and Reinvestment Act of 2009

Part 6—Competition Requirements

6.1 Full and Open Competition

6.2 Full and Open Competition After Exclusion of Sources

6.3 Other Than Full and Open Competition

6.4 Sealed Bidding and Competitive Proposals

6.5 Advocates for Competition

Part 7—Acquisition Planning

7.1 Acquisition Plans

7.2 Planning for the Purchase of Supplies in Economic Quantities

7.3 Contractor Versus Government Performance

7.4 Equipment Lease or Purchase

7.5 Inherently Governmental Functions

Part 8—Required Sources of Supplies and Services

8.1 Excess Personal Property

8.2 [Reserved]

8.3 [Reserved]

8.4 Federal Supply Schedules

8.5 Acquisition of Helium

8.6 Acquisition from Federal Prison Industries, Inc.

8.7 Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled

8.8 Acquisition of Printing and Related Supplies

8.9 [Reserved]

8.10 [Reserved]

8.11 Leasing of Motor Vehicles

Part 9—Contractor Qualifications

9.1 Responsible Prospective Contractors

9.2 Qualifications Requirements

9.3 First Article Testing and Approval

9.4 Debarment, Suspension, and Ineligibility

9.5 Organizational and Consultant Conflicts of Interest

9.6 Contractor Team Arrangements

9.7 Defense Production Pools and Research and Development Pools

Part 10—Market Research

Part 11—Describing Agency Needs

11.1 Selecting and Developing Requirements Documents

11.2 Using and Maintaining Requirements Documents

11.3 Acceptable Material

11.4 Delivery or Performance Schedules

11.5 Liquidated Damages

11.6 Priorities and Allocations

11.7 Variation in Quantity

11.8 Testing

Part 12—Acquisition of Commercial Items

12.1 Acquisition of Commercial Items—General

12.2 Special Requirements for the Acquisition of Commercial Items

12.3 Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items

12.4 Unique Requirements Regarding Terms and Conditions for Commercial Items

12.5 Applicability of Certain Laws to the Acquisition of Commercial Items and Commercially Available Off-The-Shelf Items

12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items

Subchapter C—Contracting Methods and Contract Types

Part 13—Simplified Acquisition Procedures

13.1 Procedures

13.2 Actions At or Below the Micro-Purchase Threshold

13.3 Simplified Acquisition Methods

13.4 Fast Payment Procedure

13.5 Test Program for Certain Commercial Items

Part 14—Sealed Bidding

14.1 Use of Sealed Bidding

14.2 Solicitation of Bids

14.3 Submission of Bids

14.4 Opening of Bids and Award of Contract

14.5 Two-Step Sealed Bidding

Part 15—Contracting by Negotiation

15.1 Source Selection Processes and Techniques

15.2 Solicitation and Receipt of Proposals and Information

15.3 Source Selection

15.4 Contract Pricing

15.5 Preaward, Award, and Postaward Notifications, Protests, and Mistakes

15.6 Unsolicited Proposals

Part 16—Types of Contracts

16.1 Selecting Contract Types

16.2 Fixed-Price Contracts

16.3 Cost-Reimbursement Contracts

16.4 Incentive Contracts

16.5 Indefinite-Delivery Contracts

16.6 Time-and-Materials, Labor-Hour, and Letter Contracts

16.7 Agreements

Part 17—Special Contracting Methods

17.1 Multi-year Contracting

17.2 Options

17.3 [Reserved]

17.4 Leader Company Contracting

17.5 Interagency Acquisitions

17.6 Management and Operating Contracts

17.7 Interagency Acquisitions: Acquisitions by Nondefense Agencies on Behalf of the Department of Defense

Part 18—EMERGENCY ACQUISITIONS

18.1 Available Acquisition Flexibilities

18.2 Emergency Acquisition Flexibilities

Subchapter D—Socioeconomic Programs

Part 19—Small Business Programs

19.1 Size Standards

19.2 Policies

19.3 Determination of Small Business Status for Small Business Programs

19.4 Cooperation with the Small Business Administration

19.5 Set-Asides for Small Business

19.6 Certificates of Competency and Determinations of Responsibility

19.7 The Small Business Subcontracting Program

19.8 Contracting with the Small Business Administration (The 8(a) Program)

19.9 [Reserved]

19.10 [Reserved]

19.11 [Reserved]

19.12 [Reserved]

19.13 Historically Underutilized Business Zone (HUBZone) Program

19.14 Service-Disabled Veteran-Owned Small Business Procurement Program

19.15 Women-Owned Small Business (WOSB) Program

Part 20—Reserved

Part 21—Reserved

Part 22—Application of Labor Laws to Government Acquisitions

22.1 Basic Labor Policies

22.2 Convict Labor

22.3 Contract Work Hours and Safety Standards Act

22.4 Labor Standards for Contracts Involving Construction

22.5 Use of Project Labor Agreements for Federal Construction Projects

22.6 Contracts For Materials, Supplies, Articles, and Equipment Exceeding $15,000

22.7 [Reserved]

22.8 Equal Employment Opportunity

22.9 Nondiscrimination Because of Age

22.10 Service Contract Labor Standards

22.11 Professional Employee Compensation

22.12 Nondisplacement of Qualified Workers Under Service Contracts

22.13 Equal Opportunity for Veterans

22.14 Employment of Workers with Disabilities

22.15 Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor

22.16 Notification of Employee Rights Under the National Labor Relations Act

22.17 Combating Trafficking in Persons

22.18 Employment Eligibility Verification

22.19 Establishing a Minimum Wage for Contractors

Part 23—Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace

23.1 Sustainable Acquisition Policy

23.2 Energy and Water Efficiency and Renewable Energy

23.3 Hazardous Material Identification and Material Safety Data

23.4 Use of Recovered Materials and Biobased Products

23.5 Drug-Free Workplace

23.6 Notice of Radioactive Material

23.7 Contracting for Environmentally Preferable Products and Services

23.8 Ozone-Depleting Substances

23.9 Contractor Compliance with Environmental Management Systems

23.10 Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements

23.11 Encouraging Contractor Policies to Ban Text Messaging While Driving

Part 24—Protection of Privacy and Freedom of Information

24.1 Protection of Individual Privacy

24.2 Freedom of Information Act

Part 25—Foreign Acquisition

25.1 Buy American—Supplies

25.2 Buy American—Construction Materials

25.3 Contracts Performed Outside the United States

25.4 Trade Agreements

25.5 Evaluating Foreign Offers—Supply Contracts

25.6 American Recovery and Reinvestment Act—Buy American statute—Construction Materials

25.7 Prohibited Sources

25.8 Other International Agreements and Coordination

25.9 Customs and Duties

25.10 Additional Foreign Acquisition Regulations

25.11 Solicitation Provisions and Contract Clauses

Part 26—Other Socioeconomic Programs

26.1 Indian Incentive Program

26.2 Disaster or Emergency Assistance Activities

26.3 Historically Black Colleges and Universities and Minority Institutions

26.4 Food Donations to Nonprofit Organizations

Subchapter E—General Contracting Requirements

Part 27—Patents, Data, and Copyrights

27.1 General

27.2 Patents and Copyrights

27.3 Patent Rights under Government Contracts

27.4 Rights in Data and Copyrights

27.5 Foreign License and Technical Assistance Agreements

Part 28—Bonds and Insurance

28.1 Bonds and Other Financial Protections

28.2 Sureties and Other Security for Bonds

28.3 Insurance

Part 29—Taxes

29.1 General

29.2 Federal Excise Taxes

29.3 State and Local Taxes

29.4 Contract Clauses

Part 30—Cost Accounting Standards Administration

30.1 General

30.2 CAS Program Requirements

30.3 CAS Rules and Regulations [Reserved]

30.4 Cost Accounting Standards [Reserved]

30.5 Cost Accounting Standards for Educational Institutions [Reserved]

30.6 CAS Administration

Part 31—Contract Cost Principles and Procedures

31.1 Applicability

31.2 Contracts with Commercial Organizations

31.3 Contracts with Educational Institutions

31.4 [Reserved]

31.5 [Reserved]

31.6 Contracts with State, Local, and Federally Recognized Indian Tribal Governments

31.7 Contracts with Nonprofit Organizations

Part 32—Contract Financing

32.1 Non-Commercial Item Purchase Financing

32.2 Commercial Item Purchase Financing

32.3 Loan Guarantees for Defense Production

32.4 Advance Payments for Non-Commercial Items

32.5 Progress Payments Based on Costs

32.6 Contract Debts

32.7 Contract Funding

32.8 Assignment of Claims

32.9 Prompt Payment

32.10 Performance-Based Payments

32.11 Electronic Funds Transfer

Part 33—Protests, Disputes, and Appeals

33.1 Protests

33.2 Disputes and Appeals

Subchapter F—Special Categories of Contracting

Part 34—Major System Acquisition

34.0 General

34.1 Testing, Qualification and Use of Industrial Resources Developed Under Title III, Defense Production Act

34.2 Earned Value Management System

Part 35—Research and Development Contracting

Part 36—Construction and Architect-Engineer Contracts

36.1 General

36.2 Special Aspects of Contracting for Construction

36.3 Two-Phase Design-Build Selection Procedures

36.4 [Reserved]

36.5 Contract Clauses

36.6 Architect-Engineer Services

36.7 Standard and Optional Forms for Contracting for Construction, Architect-Engineer Services, and Dismantling, Demolition, or Removal of Improvements

Part 37—Service Contracting

37.1 Service Contracts—General

37.2 Advisory and Assistance Services

37.3 Dismantling, Demolition, or Removal of Improvements

37.4 Nonpersonal Health Care Services

37.5 Management Oversight of Service Contracts

37.6 Performance-Based Acquisition

Part 38—Federal Supply Schedule Contracting

38.1 Federal Supply Schedule Program

38.2 Establishing and Administering Federal Supply Schedules

Part 39—Acquisition of Information Technology

39.1 General

39.2 Electronic and Information Technology

Part 40—Reserved

Part 41—Acquisition of Utility Services

41.1 General

41.2 Acquiring Utility Services

41.3 Requests for Assistance

41.4 Administration

41.5 Solicitation Provision and Contract Clauses

41.6 Forms

41.7 Formats

Subchapter G—Contract Management

Part 42—Contract Administration and Audit Services

42.1 Contract Audit Services

42.2 Contract Administration Services

42.3 Contract Administration Office Functions

42.4 Correspondence and Visits

42.5 Postaward Orientation

42.6 Corporate Administrative Contracting Officer

42.7 Indirect Cost Rates

42.8 Disallowance of Costs

42.9 Bankruptcy

42.10 [Reserved]

42.11 Production Surveillance and Reporting

42.12 Novation and Change-of-Name Agreements

42.13 Suspension of Work, Stop-Work Orders, and Government Delay of Work

42.14 [Reserved]

42.15 Contractor Performance Information

42.16 Small Business Contract Administration

42.17 Forward Pricing Rate Agreements

Part 43—Contract Modifications

43.1 General

43.2 Change Orders

43.3 Forms

Part 44—Subcontracting Policies and Procedures

44.1 General

44.2 Consent to Subcontracts

44.3 Contractors’ Purchasing Systems Reviews

44.4 Subcontracts for Commercial Items and Commercial Components

Part 45—Government Property

45.1 General

45.2 Solicitation and Evaluation Procedures

45.3 Authorizing the Use and Rental of Government Property

45.4 Title to Government Property

45.5 Support Government Property Administration

45.6 Reporting, Reutilization, and Disposal

Part 46—Quality Assurance

46.1 General

46.2 Contract Quality Requirements

46.3 Contract Clauses

46.4 Government Contract Quality Assurance

46.5 Acceptance

46.6 Material Inspection and Receiving Reports

46.7 Warranties

46.8 Contractor Liability for Loss of or Damage to Property of the Government

Part 47—Transportation

47.1 General

47.2 Contracts for Transportation or for Transportation-Related Services

47.3 Transportation in Supply Contracts

47.4 Air Transportation by U.S.-Flag Carriers

47.5 Ocean Transportation by U.S.-Flag Vessels

Part 48—Value Engineering

48.1 Policies and Procedures

48.2 Contract Clauses

Part 49—Termination of Contracts

49.1 General Principles

49.2 Additional Principles for Fixed-Price Contracts Terminated for Convenience

49.3 Additional Principles for Cost-Reimbursement Contracts Terminated for Convenience

49.4 Termination for Default

49.5 Contract Termination Clauses

49.6 Contract Termination Forms and Formats

Part 50—Extraordinary Contractual Actions and the safety act

50.1 Extraordinary Contractual Actions

50.2 Support Anti-terrorism by Fostering Effective Technologies Act of 2002

Part 51—Use of Government Sources by Contractors

51.1 Contractor Use of Government Supply Sources

51.2 Contractor Use of Interagency Fleet Management System (IFMS) Vehicles

Subchapter H—Clauses and Forms

Part 52—Solicitation Provisions and Contract Clauses

52.1 Instructions for Using Provisions and Clauses

52.2 Text of Provisions and Clauses

52.3 Provision and Clause Matrix

Part 53—Forms

53.1 General

53.2 Prescription of Forms

53.3 Illustration of Forms