Overview
FAR Part 1 establishes the foundation of the Federal Acquisition Regulations System, defining its purpose as a uniform set of policies for executive agencies to acquire goods and services. It outlines the "Guiding Principles" for the Federal Acquisition System, emphasizing the delivery of best-value products to taxpayers while maintaining public trust and fostering an empowered, innovative "Acquisition Team."
Key Rules
- The "Silence is Permission" Principle: If a specific strategy or practice is in the best interest of the Government and is not prohibited by law or the FAR, the Acquisition Team should assume it is permissible (FAR 1.102-4(e)).
- Best Value Focus: The system prioritize cost, quality, and timeliness, specifically favoring the use of commercial products/services and contractors with successful past performance.
- Uniformity vs. Supplementation: While the FAR is the primary regulation, agencies may issue their own supplements (e.g., DFARS for DoD), provided they do not conflict with or unnecessarily repeat the FAR.
- Deviations: Agencies may deviate from the FAR for individual cases or specific classes of contracts, but these require formal approval and must be documented (Subpart 1.4).
- Certification Restrictions: New requirements for contractor certifications are strictly limited; they must be mandated by statute or specifically approved by the Administrator for Federal Procurement Policy (FAR 1.107).
- Determinations and Findings (D&F): A D&F is a special form of written approval by an authorized official that is required as a prerequisite to taking certain acquisition actions (Subpart 1.7).
Responsibilities
- Contracting Officers (COs): Hold the exclusive authority to enter into, administer, and terminate contracts. They are responsible for ensuring all laws and regulations are met and for protecting the government’s interests.
- The Acquisition Team: Includes not only COs, but also technical personnel, program managers, customers, and contractors. All members are responsible for exercising personal initiative and sound business judgment.
- FAR Council (DoD, GSA, NASA): Jointly responsible for the issuance, maintenance, and oversight of the FAR System.
- Contracting Officer’s Representative (COR): Designated by the CO to act as a technical liaison but does not have the authority to make contract changes or bind the government financially (FAR 1.604).
- Agency Heads: Responsible for managing their agency's compliance with the FAR and overseeing agency-specific acquisition regulations.
Practical Implications
- Risk Management over Risk Avoidance: Part 1 explicitly shifts the government's stance from avoiding all risk to managing risk. This encourages COs to use professional judgment rather than blindly following a checklist.
- Unauthorized Commitments: Because only COs have the authority to bind the government, any "agreement" made by a program manager or technical lead without CO involvement is an "unauthorized commitment." This requires a "ratification" process that is legally complex and not guaranteed to be approved (FAR 1.602-3).
- Market Research & Industry Communication: The FAR encourages early and open communication with industry. Contractors should view this as an invitation to engage with agencies before a formal solicitation is released to help shape the requirement.
- Administrative Efficiency: The Paperwork Reduction Act (reflected in the OMB Control Numbers table) ensures that the government cannot demand information from the public without a clear, approved need, protecting contractors from excessive administrative burdens.