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Introduction to the Federal Acquisition Regulations - FAR

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1 Introduction to the Federal Acquisition Regulations - FAR
Basic regulations are used by all federal agencies in their acquisition of supplies and services “Contracting by regulations” – 90% or more of the clauses in government contracts are prescribed by regulation All branches of the government influence the FAR 53 Parts 32,000 + pages

2 Where can the FAR be found?
Printed materials- Federal Register Code of Federal Regulations (CFR)– Title 48 CFR includes the FAR, its supplements and the regulations of the Cost Accounting Standards Board Internet-

3 FAR – What does it do? Establishes uniform policies and procedures for acquisition by all federal agencies Satisfies the government’s needs as a consumer Minimizes administrative costs Upholds the government's integrity as a market participant Fulfills public policy objectives of Congress and the President

4 FAR – What does it look like?
Table of Content – just the basics Parts (Parts 1-51) Clauses (Part 52) Provision and Clause Matrix Forms (Part 53) Topical Index

5 FAR- What will appear in our contracts and how do we interpret what we see?
Each clause reads: 52.2__-___ “52” – tells you this is the clause section of the FAR - place holder (I am unaware of any further explanation of this digit) __ - next two numbers identify the part of the FAR where you will find the specific material on your subject matter Ex: Leads you to Part 45 – Government Property – look for language that applies to educational institutions

6 FAR – Types of Contracts
Selecting the type of contract is generally a matter for negotiation and requires sound judgment and acknowledgeable participants Two broad categories of contracts commonly used Fixed price (Subpart 16.2) Cost reimbursable (Subpart 16.3)

7 FAR – Fixed Price Provides for a firm price – used when acquiring commercial items Many subtypes available to contracting officer Examples: Firm fixed price – contractor has full responsibility for the performance costs and resulting profits (or loss), and assumption of risk Cost plus fixed fee – contractor has minimal responsibility for performance costs and the negotiated fee is fixed No fee can be charged for non-profits

8 FAR - Cost Reimbursable
Provides for payment of allowable incurred costs to the extent prescribed in the contract establishes an estimate of total costs for the purpose of obligating funds and establishing a ceiling that the contractor may not exceed without approval Work to “best efforts”

9 FAR – Other types of contracts
Incentive contracts Indefinite-delivery contracts Time and materials contracts Labor hour contracts Letter Contracts Agreements Basic Ordering Agreements Basic Agreements

10 FAR - Uniform Contract Format What are the basic parts of a government contract?
Part I – Schedule A – Solicitation/Contract B - Supplies or services and prices C – Description/Specifications D – Packaging and marking E - Inspection and Acceptance F – Deliveries or performance G – Contract Administrative data H – Special contract requirements

11 FAR - Uniform Contract Format What are the basic parts of a government contract?
Part II – Contract Clauses I – Contract Clauses Part III – List of Documents, Exhibits and Other Attachments J – List of Documents, Exhibits and Other Attachments

12 FAR - Uniform Contract Format What are the basic parts of a government contract?
Part IV – Representations and Instructions K – Representations and certifications and other statements of bidders L – Instructions, conditions and notices to bidders M – Evaluation factors for award

13 FAR – Some Key Parts Small Business Programs – Part 19
Patent Rights – Part 27 Contract Cost Principles and Procedures – Part 31 Clauses – Part 52

14 FAR Part 31 Contract Cost Principles and Procedures
FAR Subpart 31.3 – Cost Principles of Educational Institutions Leads us back to A-21

15 FAR Part 52 Clauses Clauses that frequently appear in our contracts and/or subcontracts FAR – Allowable cost and payment – Subpart 31.3 should be used and/or substituted FAR – Patent Rights (Short Form) FAR – Data Rights – try to include Alternate IV FAR – Government Property – use Alternative 1

16 FAR Part 52 Clauses (cont.)
FAR – Inspection of Research and Development (Short Form) - most desirable FAR – Termination for Convenience of the Government


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