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1.000 Scope of part.

This part sets forth basic policies and general information about the Federal Acquisition Regulations System including purpose, authority, applicability, issuance, arrangement, numbering, dissemination, implementation, supplementation, maintenance, administration, and deviation. Subparts 1.2, 1.3, and 1.4 prescribe administrative procedures for maintaining the FAR System.

Subpart 1.1- Purpose, Authority, Issuance

1.101 Purpose.

The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies. The Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR. The FAR System does not include internal agency guidance of the type described in 1.301(a)(2).

1.102 Statement of guiding principles for the Federal Acquisition System.

(a) The vision for the Federal Acquisition System is to deliver on a timely basis the best value product or service to the customer, while maintaining the public's trust and fulfilling public policy objectives. Participants in the acquisition process should work together as a team and should be empowered to make decisions within their area of responsibility.
(b) The Federal Acquisition System will-
(1) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service by, for example-
(i) Maximizing the use of commercial products and services;
(ii) Using contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform; and
(iii) Promoting competition;
(2) Minimize administrative operating costs;
(3) Conduct business with integrity, fairness, and openness; and
(4) Fulfill public policy objectives.
(c) The Acquisition Team consists of all participants in Government acquisition including not only representatives of the technical, supply, and procurement communities but also the customers they serve, and the contractors who provide the products and services.
(d) The role of each member of the Acquisition Team is to exercise personal initiative and sound business judgment in providing the best value product or service to meet the customer's needs. In exercising initiative, Government members of the Acquisition Team may assume if a specific strategy, practice, policy or procedure is in the best interests of the Government and is not addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, that the strategy, practice, policy or procedure is a permissible exercise of authority.

1.102-1 Discussion.

(a) Introduction. The statement of Guiding Principles for the Federal Acquisition System (System) represents a concise statement designed to be user-friendly for all participants in Government acquisition. The following discussion of the principles is provided in order to illuminate the meaning of the terms and phrases used. The framework for the System includes the Guiding Principles for the System and the supporting policies and procedures in the FAR.
(b) Vision. All participants in the System are responsible for making acquisition decisions that deliver the best value product or service to the customer. Best value must be viewed from a broad perspective and is achieved by balancing the many competing interests in the System. The result is a system which works better and costs less.

1.102-2 Performance standards.

(a) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service.
(1) The principal customers for the product or service provided by the System are the users and line managers, acting on behalf of the American taxpayer.
(2) The System must be responsive and adaptive to customer needs, concerns, and feedback. Implementation of acquisition policies and procedures, as well as consideration of timeliness, quality, and cost throughout the process, must take into account the perspective of the user of the product or service.
(3) When selecting contractors to provide products or perform services, the Government will use contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform.
(4) The Government must not hesitate to communicate with the commercial sector as early as possible in the acquisition cycle to help the Government determine the capabilities available in the commercial marketplace. The Government will maximize its use of commercial products and services in meeting Government requirements.
(5) It is the policy of the System to promote competition in the acquisition process.
(6) The System must perform in a timely, high quality, and cost-effective manner.
(7) All members of the Team are required to employ planning as an integral part of the overall process of acquiring products or services. Although advance planning is required, each member of the Team must be flexible in order to accommodate changing or unforeseen mission needs. Planning is a tool for the accomplishment of tasks, and application of its discipline should be commensurate with the size and nature of a given task.
(b) Minimize administrative operating costs.
(1) In order to ensure that maximum efficiency is obtained, rules, regulations, and policies should be promulgated only when their benefits clearly exceed the costs of their development, implementation, administration, and enforcement. This applies to internal administrative processes, including reviews, and to rules and procedures applied to the contractor community.
(2) The System must provide uniformity where it contributes to efficiency or where fairness or predictability is essential. The System should also, however, encourage innovation, and local adaptation where uniformity is not essential.
(c) Conduct business with integrity, fairness, and openness.
(1) An essential consideration in every aspect of the System is maintaining the public's trust. Not only must the System have integrity, but the actions of each member of the Team must reflect integrity, fairness, and openness. The foundation of integrity within the System is a competent, experienced, and well-trained, professional workforce. Accordingly, each member of the Team is responsible and accountable for the wise use of public resources as well as acting in a manner which maintains the public's trust. Fairness and openness require open communication among team members, internal and external customers, and the public.
(2) To achieve efficient operations, the System must shift its focus from "risk avoidance" to one of "risk management." The cost to the taxpayer of attempting to eliminate all risk is prohibitive. The Executive Branch will accept and manage the risk associated with empowering local procurement officials to take independent action based on their professional judgment.
(3) The Government shall exercise discretion, use sound business judgment, and comply with applicable laws and regulations in dealing with contractors and prospective contractors. All contractors and prospective contractors shall be treated fairly and impartially but need not be treated the same.
(d) Fulfill public policy objectives. The System must support the attainment of public policy goals adopted by the Congress and the President. In attaining these goals, and in its overall operations, the process shall ensure the efficient use of public resources.

1.102-3 Acquisition Team.

The purpose of defining the Federal Acquisition Team (Team) in the Guiding Principles is to ensure that participants in the System are identified beginning with the customer and ending with the contractor of the product or service. By identifying the team members in this manner, teamwork, unity of purpose, and open communication among the members of the Team in sharing the vision and achieving the goal of the System are encouraged. Individual team members will participate in the acquisition process at the appropriate time.

1.102-4 Role of the Acquisition Team.

(a) Government members of the Team must be empowered to make acquisition decisions within their areas of responsibility, including selection, negotiation, and administration of contracts consistent with the Guiding Principles. In particular, the contracting officer must have the authority to the maximum extent practicable and consistent with law, to determine the application of rules, regulations, and policies, on a specific contract.
(b) The authority to make decisions and the accountability for the decisions made will be delegated to the lowest level within the System, consistent with law.
(c) The Team must be prepared to perform the functions and duties assigned. The Government is committed to provide training, professional development, and other resources necessary for maintaining and improving the knowledge, skills, and abilities for all Government participants on the Team, both with regard to their particular area of responsibility within the System, and their respective role as a team member. The contractor community is encouraged to do likewise.
(d) The System will foster cooperative relationships between the Government and its contractors consistent with its overriding responsibility to the taxpayers.
(e) The FAR outlines procurement policies and procedures that are used by members of the Acquisition Team. If a policy or procedure, or a particular strategy or practice, is in the best interest of the Government and is not specifically addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, Government members of the Team should not assume it is prohibited. Rather, absence of direction should be interpreted as permitting the Team to innovate and use sound business judgment that is otherwise consistent with law and within the limits of their authority. Contracting officers should take the lead in encouraging business process innovations and ensuring that business decisions are sound.

1.103 Authority.

(a) The development of the FAR System is in accordance with the requirements of the Office of Federal Procurement Policy Act of 1974 (Pub. L. 93-400), as amended by Pub. L. 96-83.
(b) The FAR is prepared, issued, and maintained, and the FAR System is prescribed jointly by the Secretary of Defense, the Administrator of General Services, and the Administrator, National Aeronautics and Space Administration, under their several statutory authorities.

1.104 Applicability.

The FAR applies to all acquisitions as defined in Part 2 of the FAR, except where expressly excluded.

1.105 Issuance.

1.105-1 Publication and code arrangement.

(a) The FAR is published in-
(1) The daily issue of the Federal Register;
(2) Cumulated form in the Code of Federal Regulations (CFR); and
(3) A separate loose-leaf edition.
(b) The FAR is issued as Chapter 1 of Title 48, CFR. Subsequent chapters are reserved for agency acquisition regulations that implement or supplement the FAR (see Subpart 1.3). The CFR Staff will assign chapter numbers to requesting agencies.
(c) Each numbered unit or segment (e.g., part, subpart, section, etc.) of an agency acquisition regulation that is codified in the CFR shall begin with the chapter number. However, the chapter number assigned to the FAR will not be included in the numbered units or segments of the FAR.

1.105-2 Arrangement of regulations.

(a) General. The FAR is divided into subchapters, parts (each of which covers a separate aspect of acquisition), subparts, sections, and subsections.
(b) Numbering.
(1) The numbering system permits the discrete identification of every FAR paragraph. The digits to the left of the decimal point represent the part number. The numbers to the right of the decimal point and to the left of the dash represent, in order, the subpart (one or two digits), and the section (two digits). The number to the right of the dash represents the subsection. Subdivisions may be used at the section and subsection level to identify individual paragraphs. The following example illustrates the make-up of a FAR number citation (note that subchapters are not used with citations):
(2) Subdivisions below the section or subsection level consist of parenthetical alpha numerics using the following sequence:

(a)(1)(i)(A)(1)(i)

(c) References and citations.
(1) Unless otherwise stated, cross-references indicate parts, subparts, sections, subsections, paragraphs, subparagraphs, or subdivisions of this regulation.
(2) This regulation may be referred to as the Federal Acquisition Regulation or the FAR.
(3) Using the FAR coverage at 9.106-4(d) as a typical illustration, reference to the-
(i) Part would be "FAR Part 9" outside the FAR and "Part 9" within the FAR.
(ii) Subpart would be "FAR Subpart 9.1" outside the FAR and "Subpart 9.1'' within the FAR.
(iii) Section would be "FAR 9.106" outside the FAR and "9.106" within the FAR.
(iv) Subsection would be "FAR 9.106-4" outside the FAR and "9.106-4" within the FAR.
(v) Paragraph would be "FAR 9.106-4(d)" outside the FAR and "9.106-4(d)" within the FAR.
(4) Citations of authority (e.g., statutes or Executive orders) in the FAR shall follow the Federal Register form guides.

1.105-3 Copies.

Copies of the FAR in Federal Register, loose-leaf, CD-ROM, and CFR form may be purchased from the-

Superintendent of Documents
Government Printing Office (GPO)
Washington, DC 20402.

1.106 OMB approval under the Paperwork Reduction Act.

The Paperwork Reduction Act of 1980 (Pub. L. 96-511) imposes a requirement on Federal agencies to obtain approval from the Office of Management and Budget (OMB) before collecting information from 10 or more members of the public. The information collection and recordkeeping requirements contained in this regulation have been approved by the OMB. The following OMB control numbers apply:
FAR segment
OMB Control Number
3.103
9000-0018
3.4
9000-0003
4.102
9000-0033
4.5
9000-0137
4.602
9000-0145
4.603
9000-0145
4.7
9000-0034
4.9
9000-0097
5.405
9000-0036
7.2
9000-0082
8.5
9000-0113
9.1
9000-0011
9.2
9000-0020
14.201
9000-0034
14.202-4
9000-0040
14.202-5
9000-0039
14.205
9000-0002
14.205-4(c)
9000-0037
14.214
9000-0105
14.407
9000-0038
14.5
9000-0041
15.2
9000-0037
15.209
9000-0034
15.4
9000-0013
15.404-1(f)
9000-0080
15.407-2
9000-0078
15.408
9000-0115
19.7
9000-0006
19.12
9000-0150
22.103
9000-0065
22.8
1215-0072
22.11
9000-0066
22.13
1215-0072
22.14
1215-0072
23.602
9000-0107
23.9
9000-0139
27.3
9000-0095
27.4
9000-0090
28.1
9000-0045
28.2
9000-0045
29.304
9000-0059
30.6
9000-0129
31.205-46
9000-0079
31.205-46(a)(3)
9000-0088
32
9000-0035
32.000
9000-0138
32.1
9000-0070 and

9000-0138
32.2
9000-0138
32.4
9000-0073
32.5
9000-0010 and

9000-0138
32.7
9000-0074
32.9
9000-0102
32.10
9000-0138
33
9000-0035
34.1
9000-0133
36.213-2
9000-0037
36.603
9000-0004 and

9000-0005
36.701
9000-0037
41.202(c)
9000-0125
42.205(f)
9000-0026
42.7
9000-0013
42.12
9000-0076
42.13
9000-0076
42.14
9000-0056
45
9000-0075
46
9000-0077
47
9000-0061
48
9000-0027
49
9000-0028
50
9000-0029
51.1
9000-0031
51.2
9000-0032
52.203-2
9000-0018
52.203-7
9000-0091
52.204-3
9000-0097
52.204-6
9000-0145
52.207-3
9000-0114
52.208-8
9000-0113
52.208-9
9000-0113
52.209-1(b)
9000-0020
52.209-1(c)
9000-0083
52.209-5
9000-0094
52.209-6
9000-0094
52.210-8
9000-0018
52.210-9
9000-0016
52.210-10
9000-0017
52.212-1
9000-0043
52.212-2
9000-0043
52.212-3
9000-0136
52.214-14
9000-0047
52.214-15
9000-0044
52.214-16
9000-0044
52.214-21
9000-0039
52.214-26
9000-0034
52.214-28
9000-0013
52.215-2
9000-0034
52.215-1(c)(2)(iv)
9000-0048
52.215-1(d)
9000-0044
52.215-6
9000-0047
52.215-9
9000-0078
52.215-12
9000-0013
52.215-13
9000-0013
52.215-14
9000-0080
52.215-19
9000-0115
52.215-20
9000-0013
52.215-21
9000-0013
52.216-2
9000-0068
52.216-3
9000-0068
52.216-4
9000-0068
52.216-5
9000-0071
52.216-6
9000-0071
52.216-7
9000-0069
52.216-10
9000-0067
52.216-13
9000-0069
52.216-15
9000-0069
52.216-16
9000-0067
52.216-17
9000-0067
52.219-9
9000-0006
52.219-10
9000-0006
52.219-19
9000-0100
52.219-20
9000-0100
52.219-21
9000-0100
52.219-22
9000-0150
52.219-23
9000-0150
52.219-25
9000-0150
52.222-2
9000-0065
52.222-4
1215-0119
52.222-6
1215-0140
52.222-8
1215-0149 and

1215-0017
52.222-11
9000-0014
52.222-18
9000-0127
52.222-21
1215-0072
52.222-22
1215-0072
52.222-23
1215-0072
52.222-25
1215-0072
52.222-26
1215-0072
52.222-27
1215-0072
52.222-32
9000-0154
52.222-35
1215-0072
52.222-36
1215-0072
52.222-41
1215-0017 and

1215-0150
52.222-46
9000-0066
52.223-4
9000-0134
52.223-5
9000-0147
52.223-6(b)(5)
9000-0101
52.223-7
9000-0107
52.223-9
9000-0134
52.223-13
9000-0139
52.223-14
9000-0139
52.225-2
9000-0023 and

9000-0024
52.225-4
9000-0130
52.225-6
9000-0025
52.225-8
9000-0022
52.225-9
9000-0141
52.225-11
9000-0141
52.227-14
9000-0090
52.227-15
9000-0090
52.227-16
9000-0090
52.227-17
9000-0090
52.227-18
9000-0090
52.227-19
9000-0090
52.227-20
9000-0090
52.227-21
9000-0090
52.227-22
9000-0090
52.227-23
9000-0090
52.228-1
9000-0045
52.228-2
9000-0045
52.228-12
9000-0135
52.228-13
9000-0045
52.228-15
9000-0045
52.228-16
9000-0045
52.229-2
9000-0059
52.230-6
9000-0129
52.232-1
9000-0070
52.232-2
9000-0070
52.232-3
9000-0070
52.232-4
9000-0070
52.232-5
9000-0070
52.232-6
9000-0070
52.232-7
9000-0070
52.232-8
9000-0070
52.232-9
9000-0070
52.232-10
9000-0070
52.232-11
9000-0070
52.232-12
9000-0073
52.232-13
9000-0010
52.232-14
9000-0010
52.232-15
9000-0010
52.232-16
9000-0010
52.232-20
9000-0074
52.232-21
9000-0074
52.232-22
9000-0074
52.232-27
9000-0102
52.232-29
9000-0138
52.232-30
9000-0138
52.232-31
9000-0138
52.232-32
9000-0138
52.233-1
9000-0035
52.234-1
9000-0133
52.236-5
9000-0062
52.236-13
1220-0029 and

9000-0060
52.236-15
9000-0058
52.236-19
9000-0064
52.241-1
9000-0126
52.241-3
9000-0122
52.241-7
9000-0123
52.241-13
9000-0124
52.242-12
9000-0056
52.243-1
9000-0026
52.243-2
9000-0026
52.243-3
9000-0026
52.243-4
9000-0026
52.243-6
9000-0026
52.243-7
9000-0026
52.245-2
9000-0075
52.245-3
9000-0075
52.245-5
9000-0075
52.245-7
9000-0075
52.245-8
9000-0075
52.245-9
9000-0075
52.245-10
9000-0075
52.245-11
9000-0075
52.245-16
9000-0075
52.245-17
9000-0075
52.245-18
9000-0075
52.246-2
9000-0077
52.246-3
9000-0077
52.246-4
9000-0077
52.246-5
9000-0077
52.246-6
9000-0077
52.246-7
9000-0077
52.246-8
9000-0077
52.246-10
9000-0077
52.246-12
9000-0077
52.246-15
9000-0077
52.247-2
9000-0053
52.247-29
9000-0061
52.247-30
9000-0061
52.247-31
9000-0061
52.247-32
9000-0061
52.247-33
9000-0061
52.247-34
9000-0061
52.247-35
9000-0061
52.247-36
9000-0061
52.247-37
9000-0061
52.247-38
9000-0061
52.247-39
9000-0061
52.247-40
9000-0061
52.247-41
9000-0061
52.247-42
9000-0061
52.247-43
9000-0061
52.247-44
9000-0061
52.247-48
9000-0061
52.247-51
9000-0057
52.247-53
9000-0055
52.247-57
9000-0061
52.247-63
9000-0054
52.247-64
9000-0061
52.248-1
9000-0027
52.248-2
9000-0027
52.248-3
9000-0027
52.249-2
9000-0028
52.249-3
9000-0028
52.249-5
9000-0028
52.249-6
9000-0028
52.249-11
9000-0028
52.250-1
9000-0029
53.236-1(a)
9000-0037
SF 24
9000-0045
SF 25
9000-0045
SF 25-A
9000-0045
SF 28
9000-0001
SF 34
9000-0045
SF 35
9000-0045
SF 129
9000-0002
SF 254
9000-0004
SF 255
9000-0005
SF 273
9000-0045
SF 274
9000-0045
SF 275
9000-0045
SF 294
9000-0006
SF 295
9000-0007
SF 1403
9000-0011
SF 1404
9000-0011
SF 1405
9000-0011
SF 1406
9000-0011
SF 1407
9000-0011
SF 1408
9000-0011
SF 1413
9000-0014
SF 1416
9000-0045
SF 1417
9000-0037
SF 1418
9000-0045
SF 1423
9000-0015
SF 1424
9000-0015
SF 1426
9000-0015
SF 1427
9000-0015
SF 1428
9000-0015
SF 1429
9000-0015
SF 1430
9000-0015
SF 1431
9000-0015
SF 1432
9000-0015
SF 1433
9000-0015
SF 1434
9000-0015
SF 1435
9000-0012
SF 1436
9000-0012
SF 1437
9000-0012
SF 1438
9000-0012
SF 1439
9000-0012
SF 1440
9000-0012
SF 1443
9000-0010
SF 1444
9000-0089
SF 1445
9000-0089
SF 1446
9000-0089
OF 312
9000-0150

1.107 Certifications.

In accordance with Section 29 of the Office of Federal Procurement Policy Act (41 U.S.C. 425), as amended by Section 4301 of the Clinger-Cohen Act of 1996 (Public Law 104-106), a new requirement for a certification by a contractor or offeror may not be included in this chapter unless-

(a) The certification requirement is specifically imposed by statute; or
(b) Written justification for such certification is provided to the Administrator for Federal Procurement Policy by the Federal Acquisition Regulatory Council, and the Administrator approves in writing the inclusion of such certification requirement.

1.108 FAR conventions.

The following conventions provide guidance for interpreting the FAR:

(a) Words and terms. Definitions in Part 2 apply to the entire regulation unless specifically defined in another part, subpart, section, provision, or clause. Words or terms defined in a specific part, subpart, section, provision, or clause have that meaning when used in that part, subpart, section, provision, or clause. Undefined words retain their common dictionary meaning.
(b) Delegation of authority. Each authority is delegable unless specifically stated otherwise (see 1.102-4(b)).
(c) Dollar thresholds. Unless otherwise specified, a specific dollar threshold for the purpose of applicability is the final anticipated dollar value of the action, including the dollar value of all options. If the action establishes a maximum quantity of supplies or services to be acquired or establishes a ceiling price or establishes the final price to be based on future events, the final anticipated dollar value must be the highest final priced alternative to the Government, including the dollar value of all options.
(d) Application of FAR changes to solicitations and contracts. Unless otherwise specified-
(1) FAR changes apply to solicitations issued on or after the effective date of the change;
(2) Contracting officers may, at their discretion, include the FAR changes in solicitations issued before the effective date, provided award of the resulting contract(s) occurs on or after the effective date; and
(3) Contracting officers may, at their discretion, include the changes in any existing contract with appropriate consideration.
(e) Citations. When the FAR cites a statute, Executive order, Office of Management and Budget circular, Office of Federal Procurement Policy policy letter, or relevant portion of the Code of Federal Regulations, the citation includes all applicable amendments, unless otherwise stated.
(f) Imperative sentences. When an imperative sentence directs action, the contracting officer is responsible for the action, unless another party is expressly cited.

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