Overview
FAR Subpart 1.7 establishes the policies and procedures for "Determinations and Findings" (D&Fs), which serve as the formal justification for specific contract actions required by statute or regulation. It defines the mandatory structure of these documents—combining factual findings with a logical determination—to ensure that government decisions are transparent, legally grounded, and sufficiently documented.
Key Rules
- Dual Structure: A D&F must consist of two parts: the Findings (statements of fact or rationale) and the Determination (a conclusion or decision based on those findings).
- Individual vs. Class D&Fs: While a D&F is typically written for a single contract action, a "Class D&F" may be used for a group of related supplies, services, or actions requiring identical justification.
- Content Requirements: At a minimum, every D&F must include agency identification, a description of the action, the specific legal/regulatory citation, factual findings, the final determination, and the authorized official’s signature.
- Expiration Mandates: Class D&Fs must have a specified expiration date. Individual D&Fs expire once the authority is exercised or at a specified expiration date, whichever comes first.
- Flexibility: D&Fs allow for reasonable variations in estimated quantities or prices and may provide for a degree of flexibility unless specifically restricted within the document.
- Supersession: If a D&F is modified or superseded, it does not retroactively invalidate actions already taken under the original document.
Responsibilities
- Authorized Official: Responsible for signing the D&F and ensuring they have the delegated authority (per agency regulations) to approve the specific action.
- Contracting Officer (CO): Responsible for ensuring that individual contract actions taken under a Class D&F fall strictly within its scope and for managing the solicitation process if a D&F is modified.
- Requirements and Technical Personnel: Responsible for providing the necessary supporting documentation, technical data, and factual reasoning that form the "Findings" section of the document.
Practical Implications
- The "Audit Trail": In real-world contracting, a D&F is a critical piece of the contract file that protects the agency during audits or protests. It proves the government had a legal basis for actions like using a specific contract type (e.g., Time-and-Materials) or awarding a sole-source contract.
- Administrative Efficiency: Class D&Fs are significant time-savers for program offices. For example, if an agency needs to purchase the same type of specialized IT services across multiple departments, a single Class D&F can authorize all those actions at once rather than requiring dozens of individual documents.
- Solicitation Continuity: The rule regarding expiration ensures that if a solicitation is already out to bid, the authority of the D&F remains valid until the contract is awarded, preventing administrative "re-work" if a D&F expires during the active proposal evaluation phase.
- Drafting Precision: Because the findings must "clearly and convincingly" justify the action, COs and Program Managers must ensure that their rationale is not merely a restatement of the law but a detailed explanation of the specific facts of the procurement.