Season 10: Episode 4 ” FAR Facts”

Hello and thank you for joining us for our first three Episodes of Fun with the FAR Season 10!
Our next session will cover: Part 7 (Acquisition Planning), Part 10 (Market Research) & Part 11 (Describing Agency Needs) .
As we prepare for next week’s fourth episode of Season 10, here are a few FAR Facts for us to think about:

  • Agencies are required to perform market research and acquisition planning for ALL acquisitions.  FAR 7.102(a).
  • There are 13 key milestones that occur during an acquisition. FAR 7.105(b)(21).
  • The Federal Government is prohibited from executing contracts for the performance of inherently government functions.  FAR 7.503(a).
  • Certain contracts issued by the Government may require contractors to perform market research to find commercial item subcontractors to fulfill the needs of the Government. FAR 10.003; FAR 52.210-1.
  • As a general rule, the Government is not permitted to establish a requirement for a particular brand name product, or a feature of a product peculiar to one manufacturer.  FAR 11.105The establishment of a brand name “or equivalent” requirement as established at FAR 11.104, however, is permissible.
  • Contracting officers are required to take all reasonable steps to mitigate liquidated damages (i.e., Government should not delay in moving to a termination for default process vs. assessing multiple liquidated damages claims when doing so will prevent excess losses to the contractor).  FAR 11.501(c).

We look forward to you joining us for Episode 4, which will cover FAR Part 7 FAR Part 10 & FAR Part 11!
Included here is the link to our Fun with the FAR program:

Related Post

Season 11: Episode 13: FAR Facts

Hello and thank you for joining us for Episode 12 of Fun with the FAR Season 11! In our next session, we will cover FAR Part 19 (Small Business Methods) and FAR Part 26 (Other Socioeconomic Programs). As we prepare for our 13th episode of Season 11, here are a few FAR...

Requirements Contracts: Words of Exclusivity

Requirements Contracts: Words of Exclusivity

The Federal Circuit recently clarified that an agency’s contract may still contain requisite language to make them requirements contracts, even if the contract does not include the required Federal Acquisition Regulation (“FAR”) clauses. Caring Hands Health Equipment...

How Not to Incorporate By Reference in a Contract

How Not to Incorporate By Reference in a Contract

A recent decision by the Civilian Board of Contract Appeals (“Board”) demonstrates how careful and definitive a contractor must be (and, of course, an agency must be) in order to incorporate material by reference in a government contract.  Clean Harbors Environmental...