Hello and thank you for joining us for Episode 25 of Fun with the FAR Season 11!
Our final episode of 2024 will cover FAR Part 50 (Extraordinary Contractual Actions and the Safety Act) and Part 52 (Solicitation Provisions and Contract Clauses)! As we prepare for our 26th episode of Season 11, here are a few Episode 26 FAR Facts for us to think about:
- Extraordinary contractual relief provided under Pub. L. 85-804 may be provided only if such action would “facilitate the national defense.” FAR 50.101-1.
- The three types of contract adjustment available under Pub. L. 85-804 are (i) amendment without consideration, (ii) correcting mistakes, and (iii) formalizing informal commitments.
- A request for indemnification under Pub. L. 85-804 must be in writing and supported in accordance with the requirements set forth at FAR 50.104-3.
- An agency decision denying Pub. L. 85-804 relief is not subject to appeal. FAR 50.102-2.
- If a good or service is qualified under the SAFETY Act, even users of the good or service are covered by the SAFETY Act—not just the developer of the product. Additionally, even if the product fails outside the U.S., as long as there is some harm felt in the U.S., such as a financial loss, the SAFETY Act will still cover it. FAR 50.204.
- Each provision or clause in Subpart 52 is “prescribed” at that place in the FAR text where the subject matter of the provision is discussed or explained. For example, the clause entitled “Rights in Data – General” found at 227-14 is discussed in FAR Part 27 and specifically prescribed at FAR 27.409(b)(1).
- FAR Part 53 contains all standard contract forms that the Government should utilize during the formation and administration of all contracts for supplies or services that are subject to the FAR.
- The FAR Appendix incorporates by reference the cost accounting standards and the related rules and regulations of the Cost Accounting Standards Board.