Overview
FAR 1.705 outlines the administrative continuity and legal validity of procurement actions when a Determination and Findings (D&F) is replaced or amended.
Key Rules
- Validity of Prior Actions: If a D&F is superseded by a newer version, any actions already taken under the authority of the original document remain legally valid.
- Solicitation Continuity: Contracting officers are not required to cancel an ongoing solicitation due to a D&F modification, provided the revised D&F still supports the intended contract action.
- Administrative Protection: Supersession does not have a retroactive invalidating effect on procurement milestones reached prior to the date of change.
Practical Implications
- This section prevents administrative "start-over" scenarios, allowing procurements to proceed without interruption even if the underlying justification requires updates or refinements during the solicitation process.
- It provides legal protection for the government, ensuring that preliminary steps (such as issuing a Request for Proposals) remain sound if the D&F is updated to reflect evolving requirements or findings.