Season 11: Episode 6: FAR Facts

Hello and thank you for joining us for Episode 5 of Fun with the FAR Season 11!
In our next session, we will cover FAR Parts 4 (Administrative and Information Matters) and  24 (Protection of Privacy and Freedom of Information!)

As we prepare for our 6th episode of Season 11, 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
  • Contractors should make sure that invoices and bills are accurate, including the correct tax ID number and contractor ID number. FAR 4.203.
  • Contractor IT systems that generate, store, or transfer “Federal Contract Information are subject to multiple IT controls which are set forth at FAR 204-21. Federal Contract Information is defined as any “information not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government”, but not administrative information such as that necessary to process payments.” FAR 4.1901.
  • Contractor proposals that do not result in the award of a contract or order are not subject to disclosure under the Freedom of Information Act. FAR 24.202(a).

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