Season 10: Episode 6 “FAR Facts”

Hello and thank you for joining us for our first five Episodes of Fun with the FAR Season 10!
Our next session will cover: FAR Part 4 (Administrative Materials) and FAR Part 24 (Protection of Privacy and Freedom of Information).

As we prepare for our sixth episode of Season 10, here are a few FAR Facts for us to think about:

  • Generally, only a contracting officer can sign a contract on behalf of the Government. FAR 4.101. The scope of a contracting officer’s authority is based on the dollar value of their warrant authority, which is granted based on their education and experience.
  • For corporations, the contract must be signed in the corporation’s name followed by the term “by” and signed by a corporate official with authority to sign the contract. FAR 4.102(c). Moreover, the corporate official who signs the contract must make sure that the corporation has not misrepresented anything or the official could be prosecuted False Claims Act. The recent Yates DoJ memo instructs prosecutors to go after the responsible individuals as well as corporations in False Claims Act violations.
  • FAR Part 4.7 only applies to contracts which contain an Audits and Records clauses. FAR 4.702. The rules set forth at FAR 4.7 do not apply commercial item contracts. Note, however, that commercial contractors should be aware of the record retention obligations set forth in 52.212-5(d) (a.k.a., the “Comptroller General Examination of Records clause) which is required to be included in ALL FAR Part 12 and 8 commercial contracts.
  • All contracts issued by the Federal Government for the performance of services that require the design, development or operation of a searchable system of records on individuals must include the privacy safeguards set forth in FAR 52.224-1.

Join us for next episode of FUN with the FAR when we cover FAR Part 4 (Administrative Materials) and FAR Part 24 (Protection of Privacy and Freedom of Information).

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