Fun with the FAR Parts 5 & 6

1.      An award of a government contract to a single government contractor is required to be published only if (i) the value of the contract exceeds $25,000 and (ii) the contract is likely to result in the award of subcontracts. FAR 5.301.


2.      Awards of multiple award contracts (i.e., GWACs, MACs, and Federal Supply Schedule Contracts) must be published at within 10 days of award. FAR 5.601.


3.      Contracting officers must publish awards larger than $4 million at 5pm (D.C. time) on the day of contract award. FAR 5.303.


4.      Both contractors and subcontractors may publicize in the GPE contract awards exceeding $150,000.   FAR 5.206.


5.      Task and Delivery Order competitions under indefinite delivery/indefinite quantity (“ID/IQ”) contracts are not subject to FAR Part 6 competition requirements.  FAR 6.001(f).  They are subject to FAR 16.5.


6.      A contracting officer is not permitted to use the “Only one responsible source” exception to FAR Part 6 full and open competition requirements if another exception otherwise exists.  FAR 6.302-1(b). 


7.      A contracting officer cannot is not permitted to use the “Unusual and compelling urgency” exception to FAR Part 6 is the “urgent need” is due to the Government’s “lack of advanced planning”. FAR 6.301(c).


8.      Sole source contracts justified by the “Unusual and compelling urgency” exception to FAR Part 6  may not exceed one year, unless the head of the agency entering into the contract determines that exceptional circumstances apply.”  FAR 6.302-2(d)(ii). 


9.      Justifications and Approvals for sole source contract awards are required to be published through the Government-wide point of entry and remain posted for a minimum of 30 days.  FAR 6.305.


10.  Advocates for competition are charged with responsibilities to not only promote competition but also to promote the acquisition of commercial items.  FAR 6.502(a).

Related Post

Episode 20: Did You Know?

DID YOU KNOW? FAR Part 34.201 requires an Earned Value Management System (EVMS) during development of a major acquisition system. This can be accomplished by using EVMS or Agile Program Management Systems, which are not closely compatible. Since the government often...

Did You Know? Fun with the FAR Session 15

By David Gallacher, Partner, Sheppard Mullin We had a great discussion on Fun with the FAR, Episode 15 on June 2, 2021 with host Steven Daoust discussing FAR Part 25, Foreign Acquisitions, with co-host David Gallacher (partner, Sheppard Mullin). We started talking...

Did You Know? Fun with the FAR Session 12

By Brett Egusa, Senior Legal Editor at Thomson Reuters Today we learned that the Federal Government has many unique and flexible contracting methods that it can use to fulfill special procurement needs. Under FAR 17.1 and 17.2, for example, we learn that the...