Overview
This section defines a Determination and Findings (D&F) as a formal, written justification and approval required from an authorized official before specific contracting actions can be legally executed.
Key Rules
- Prerequisite Requirement: A D&F is a mandatory "special form" of approval that must be completed before taking certain contract actions prescribed by statute or regulation.
- Two-Part Component:
- The Determination: The final conclusion or decision reached by the official.
- The Findings: The evidentiary statements of fact or rationale that support the determination.
- Scope of Findings: The findings must be comprehensive enough to cover every specific requirement of the underlying statute or regulation.
- Authority: The document must be signed by an official specifically authorized to grant such approval.
Practical Implications
- D&Fs provide the legal and administrative "paper trail" necessary to justify high-stakes decisions, such as using a non-standard contract type or opting for a specific procurement method.
- Failure to properly document the "findings" for every regulatory requirement can lead to successful bid protests or legal invalidation of the contract action.