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                            Subpart 1.7 - Determinations and Findings
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
PartPart 1Part 2Part 3Part 4Part 5Part 6Part 7Part 8Part 9Part 10Part 11Part 12Part 13Part 14Part 15Part 16Part 17Part 18Part 19Part 20Part 21Part 22Part 23Part 24Part 25Part 26Part 27Part 28Part 29Part 30Part 31Part 32Part 33Part 34Part 35Part 36Part 37Part 38Part 39Part 40Part 41Part 42Part 43Part 44Part 45Part 46Part 47Part 48Part 49Part 50Part 51Part 52Part 53
Subpart1.01.11.21.31.41.51.61.7
Section1.7001.7011.7021.7031.7041.7051.7061.707
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Subpart 1.7 - Determinations and FindingsSubpart 1.7 - Determinations and Findings    **Parent topic:**  Part 1 - Federal Acquisition Regulations System1.700 Scope of subpart.       This subpart prescribes general policies and procedures for the use of determinations and findings (D&F’s). Requirements for specific types of D&F’s can be found with the appropriate subject matter.1.701 Definition.       *Determination and Findings* means a special form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions. The "determination" is a conclusion or decision supported by the "findings.’’ The findings are statements of fact or rationale essential to support the determination and must cover each requirement of the statute or regulation.1.702 General.       (a)                    						            A D&F shall ordinarily be for an individual contract action. Unless otherwise prohibited, class D&F’s may be executed for classes of contract actions (see  1.703). The approval granted by a D&F is restricted to the proposed contract action(s) reasonably described in that D&F. D&F’s may provide for a reasonable degree of flexibility. Furthermore, in their application, reasonable variations in estimated quantities or prices are permitted, unless the D&F specifies otherwise.                                          (b)                    						            When an option is anticipated, the D&F shall state the approximate quantity to be awarded initially and the extent of the increase to be permitted by the option.1.703 Class determinations and findings.       (a)                    						            A class D&F provides authority for a class of contract actions. A class may consist of contract actions for the same or related supplies or services or other contract actions that require essentially identical justification.                                          (b)                    						            The findings in a class D&F shall fully support the proposed action either for the class as a whole or for each action. A class D&F shall be for a specified period, with the expiration date stated in the document.                                          (c)                    						            The contracting officer shall ensure that individual actions taken pursuant to the authority of a class D&F are within the scope of the D&F.1.704 Content.       Each D&F shall set forth enough facts and circumstances to clearly and convincingly justify the specific determination made. As a minimum, each D&F shall include, in the prescribed agency format, the following information:                                       (a)                    						            Identification of the agency and of the contracting activity and specific identification of the document as a "Determination and Findings."                                          (b)                    						            Nature and/or description of the action being approved.                                          (c)                    						            Citation of the appropriate statute and/or regulation upon which the D&F is based.                                          (d)                    						            Findings that detail the particular circumstances, facts, or reasoning essential to support the determination. Necessary supporting documentation shall be obtained from appropriate requirements and technical personnel.                                          (e)                    						            A determination, based on the findings, that the proposed action is justified under the applicable statute or regulation.                                          (f)                    						            Expiration date of the D&F, if required (see  1.706).                                          (g)                    						            The signature of the official authorized to sign the D&F (see  1.707) and the date signed.1.705 Supersession and modification.       (a)                    						            If a D&F is superseded by another D&F, that action shall not render invalid any action taken under the original D&F prior to the date of its supersession.                                          (b)                    						            The contracting officer need not cancel the solicitation if the D&F, as modified, supports the contract action.1.706 Expiration.       Expiration dates are required for class D&F’s and are optional for individual D&F’s. Authority to act under an individual D&F expires when it is exercised or on an expiration date specified in the document, whichever occurs first. Authority to act under a class D&F expires on the expiration date specified in the document. When a solicitation has been furnished to prospective offerors before the expiration date, the authority under the D&F will continue until award of the contract(s) resulting from the solicitation.1.707 Signatory authority.       When a D&F is required, it shall be signed by the appropriate official in accordance with agency regulations. Authority to sign or delegate signature authority for the various D&F’s is as shown in the applicable FAR part.
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