Overview
FAR 1.704 outlines the mandatory minimum information and evidentiary standards required for a Determination and Findings (D&F) to legally justify a specific contracting action.
Key Rules
- Standard of Proof: Each D&F must contain sufficient facts and circumstances to "clearly and convincingly" justify the determination.
- Mandatory Identification: The document must be explicitly titled "Determination and Findings" and identify the specific agency and contracting activity.
- Legal Basis: The document must cite the specific statute or regulation that authorizes the action.
- The "Findings": This section must detail the underlying facts and reasoning, supported by documentation provided by technical and requirements personnel.
- The "Determination": A formal conclusion stating that the action is justified based on the aforementioned findings.
- Execution Requirements: The document must include the signature of the authorized official, the date signed, and an expiration date if applicable.
Practical Implications
- Contracting officers cannot rely on boilerplate language; they must coordinate with technical experts to build a factual record that can withstand legal scrutiny or audits.
- A D&F serves as the primary administrative record for high-level approvals, making the "Findings" section critical for defending the government’s decision to deviate from standard procedures.