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Understanding the FAR: A Beginner’s Guide to Government Contracting (Part 7)

Section 7 of THE FAR

Welcome back to our comprehensive series on the Federal Acquisition Regulation (FAR). In previous installments, we’ve explored the basics, key definitions, administrative matters, publicizing contract actions, and competition requirements. Today, we’ll delve into Part 7, which focuses on Acquisition Planning. This part is essential for understanding how the government plans its procurements to ensure efficiency, effectiveness, and compliance with regulatory requirements.

Part 7 of the FAR outlines the policies and procedures for acquisition planning. The goal is to ensure that the government’s procurement needs are met efficiently and effectively while adhering to legal and regulatory requirements. Here’s a breakdown of the key elements of Part 7:

Subpart 7.1 – Acquisition Plans

Policy: Agencies must conduct acquisition planning and market research for all acquisitions to promote and provide for:

  • Full and open competition
  • The selection of the appropriate contract type
  • The timely and cost-effective acquisition of supplies and services

Content of Acquisition Plans: Acquisition plans must include:

  • Statement of need
  • Applicable conditions
  • Cost
  • Capability or performance requirements
  • Delivery or performance-period requirements
  • Trade-offs
  • Risks
  • Acquisition streamlining

Plan Approval: Acquisition plans must be reviewed and approved at various levels within the agency, depending on the size and complexity of the acquisition.

Subpart 7.2 – Planning for the Purchase of Supplies in Economic Quantities

Policy: Agencies must consider economic order quantities and other economic factors to minimize the cost and maximize the efficiency of purchasing supplies.

Procedures: This involves analyzing the demand for supplies, determining the most economical purchase quantities, and considering factors such as storage, handling, and transportation.

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Subpart 7.3 – Contractor Versus Government Performance

Policy: Agencies must conduct cost comparisons to determine whether to perform work in-house or contract it out. This process ensures that the government makes cost-effective decisions regarding the performance of commercial activities.

Procedures: This involves identifying activities suitable for competition, preparing cost estimates for government performance, and comparing these with contractor proposals.

Subpart 7.4 – Equipment Lease or Purchase

Policy: Agencies must consider whether to lease or purchase equipment based on a cost-benefit analysis. This decision should be based on factors such as the estimated period of use, financial impact, and technological obsolescence.

Procedures: This includes conducting a lease versus purchase analysis and documenting the rationale for the chosen method.

Subpart 7.5 – Inherently Governmental Functions

Policy: Agencies must ensure that inherently governmental functions are performed by government personnel. These functions include activities that require the exercise of discretion in applying government authority or making decisions for the government.

Identification of Functions: This involves identifying functions that are inherently governmental and ensuring that they are not contracted out to private entities.

To effectively navigate Part 7 of the FAR, here are some key principles and best practices:

  1. Thorough Planning: Conduct thorough acquisition planning to ensure that procurement needs are met efficiently and effectively. This includes considering all relevant factors such as cost, performance requirements, and risks.
  2. Market Research: Perform comprehensive market research to identify the best sources for supplies and services. This helps in selecting the appropriate contract type and promoting competition.
  3. Cost-Benefit Analysis: Use cost-benefit analysis to make informed decisions about leasing versus purchasing equipment and performing work in-house versus contracting out.
  4. Compliance with Policies: Ensure compliance with policies regarding economic order quantities, inherently governmental functions, and other acquisition planning requirements.

Let’s explore some hypothetical scenarios to illustrate how these principles apply in real-world situations:

Scenario 1: Developing an Acquisition Plan

Your agency needs to procure IT services to support a new initiative. Here’s how you ensure compliance with Part 7:

  • Statement of Need: Clearly define the need for IT services, including the scope and objectives of the initiative.
  • Market Research: Conduct market research to identify potential suppliers and gather information on pricing, capabilities, and past performance.
  • Cost and Performance Requirements: Determine the budget and performance requirements for the services. Consider trade-offs and risks associated with different suppliers.
  • Plan Approval: Submit the acquisition plan for review and approval by the appropriate authorities within the agency.
Scenario 2: Economic Order Quantity Analysis

Your agency regularly purchases office supplies. Here’s how you comply with Part 7:

  • Demand Analysis: Analyze the historical demand for office supplies to determine the most economical purchase quantities.
  • Cost Factors: Consider factors such as storage, handling, and transportation costs to optimize the purchase quantities.
  • Purchase Plan: Develop a purchase plan that minimizes costs and maximizes efficiency, ensuring a steady supply of office supplies.
Scenario 3: Lease Versus Purchase Analysis

Your agency needs new vehicles for a field project. Here’s how you navigate the requirements of Part 7:

  • Usage Period: Estimate the period of use for the vehicles, considering the project timeline and future needs.
  • Financial Impact: Conduct a cost-benefit analysis comparing the costs of leasing versus purchasing the vehicles. Consider factors such as maintenance, depreciation, and technological obsolescence.
  • Decision Documentation: Document the rationale for the decision to lease or purchase the vehicles, ensuring it is based on a thorough analysis.

Here are some practical tips to help your business stay compliant with Part 7 of the FAR:

  1. Collaborative Planning: Involve all relevant stakeholders in the acquisition planning process. This includes contracting officers, program managers, financial analysts, and end-users.
  2. Continuous Improvement: Regularly review and update acquisition plans to reflect changes in requirements, market conditions, and other factors. Continuous improvement helps optimize procurement processes.
  3. Training and Development: Ensure that acquisition personnel receive regular training on planning requirements and best practices. This helps maintain a high level of expertise and compliance.
  4. Documentation: Maintain thorough documentation of all planning activities, including market research, cost-benefit analyses, and decision-making processes. Proper documentation is crucial for accountability and transparency.

Part 7 of the FAR emphasizes the importance of thorough acquisition planning to ensure efficient, effective, and compliant procurement processes. By understanding and adhering to these requirements, your business can optimize its procurement strategies and increase its chances of success in government contracting.

In our next installment, we’ll delve into Part 8 of the FAR, which covers Required Sources of Supplies and Services. Stay tuned as we continue to break down the FAR into manageable, understandable sections to help you succeed in government contracting.

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Important Note: This information is accurate as of 8/29/2024. The Federal Acquisition Regulation (FAR) is updated regularly.