Season 11: Episode 4: FAR Facts

Hello and thank you for joining us for Episode 4 of Fun with the FAR Season 11! In our next session, we will cover FAR Part 7 (Acquisition Planning), Part 10 (Market Research), and Part 11 (Describing Agency Needs)! As we prepare for our next episode of Season 11, here are a few Episode 4 FAR Facts for us to think about:
  • Agencies are required to perform market research and acquisition planning for ALL FAR 7.102(a).
  • Market research and acquisition planning is required to help Contracting Officers determine, among other things, whether the Government should/can use (i) commercial items, (ii) full and open competition, (iii) fixed price contracts and (iv) pre-existing contracts (including inter-agency or intra-agency contracts) to best meet the Government procurement needs. FAR 7.102(a)(1)-(4); FAR 10.001(a)(3).
  • A list of excellent Government market research tools is set forth at FAR 10.002(b)(2).
  • To the fullest extent practicable, the Government should give potential offerors the opportunity to comment on agency requirements or to recommend application or tailoring of requirements documents and alternative procurement approaches during the pre-solicitation phase of a procurement. FAR 11.002(c).
  • The use of a liquidated damages clause should be limited to those contract where timely delivery is critically important to the Government’s mission and the damages that would be incurred by the Government as a result of the delay cannot reasonably be calculated. FAR 11.501(a).
  • The Government’s Defense Priorities and Allocation System (DPAS) is based upon a Department of Commerce regulation. FAR 11.600.
  • The application of DPAS is limited to contractor who offer or provide certain enumerated products or services deemed critical to our nation’s national security, emergency preparedness and energy requirements. The list of affected products and services can be found at 15 CFR 700. FAR 11.600.
  • The current and prior versions of the FAR can be found online at acquisition.gov
We look forward to you joining us for our Episode 4 FAR Facts, Included here is the link to our Fun with the FAR program:
https://publiccontractinginstitute.com/product/fun-with-the-far-season-11/

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