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Overview

This section defines the scope and flexibility of Determinations and Findings (D&Fs), establishing that they typically apply to individual contract actions while allowing for class-wide applications and reasonable administrative variations.

Key Rules

  • Individual vs. Class D&Fs: While a D&F is ordinarily for a single contract action, "class D&Fs" may be executed for groups of related contract actions unless specifically prohibited.
  • Scope of Authority: The legal authority provided by a D&F is restricted to the specific contract actions reasonably described within the document.
  • Permissible Variations: D&Fs allow for a reasonable degree of flexibility; variations in estimated quantities or prices are permitted unless the document explicitly states otherwise.
  • Option Requirements: If the contract includes options, the D&F must clearly state the initial award quantity and the maximum limit of the increase permitted by those options.

Practical Implications

  • Contracting Officers must ensure that the D&F is drafted broadly enough to encompass minor fluctuations in price and quantity to avoid the need for revised determinations during the procurement process.
  • When planning multi-year or scalable requirements, the D&F must explicitly account for all options at the outset to ensure the entire potential contract value and scope are legally authorized.

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