Welcome to the first installment of our blog series dedicated to breaking down the Federal Acquisition Regulation (FAR) for business owners new to government contracting. The FAR can be complex and overwhelming, but understanding its structure and key components is crucial for successfully navigating the world of government contracts. In this post, we’ll dive into Part 1 of the FAR, providing you with a clear and concise overview in easily understandable terms.

What is the FAR?

The Federal Acquisition Regulation (FAR) is the primary set of rules governing all federal government procurements in the United States. It establishes the policies and procedures that federal agencies must follow when acquiring goods and services. Essentially, the FAR ensures that the government conducts its procurement activities fairly, transparently, and in the best interest of taxpayers.

Part 1: Federal Acquisition Regulations System

Part 1 of the FAR sets the stage for understanding the entire regulation. It outlines the basic structure and key definitions used throughout the FAR. Here’s a breakdown of the essential elements of Part 1:

Subpart 1.1 – Purpose, Authority, Issuance

Purpose: This section explains that the FAR is issued to codify and publish uniform policies and procedures for the acquisition of supplies and services by federal agencies.

Authority: The FAR is issued under the authority of several federal statutes, including the Office of Federal Procurement Policy Act and the Competition in Contracting Act.

Issuance: The FAR is issued jointly by the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA). These three agencies are responsible for maintaining and updating the FAR.

Subpart 1.2 – Administration

Agency Acquisition Regulations: Federal agencies may issue their own acquisition regulations, known as supplements, to the FAR. These supplements must be consistent with the FAR but can address agency-specific requirements.

FAR Council: The FAR Council, comprised of representatives from DoD, GSA, and NASA, oversees the FAR’s maintenance and issuance. This council ensures that the FAR remains up-to-date and relevant to current procurement practices.

Deviation: In certain circumstances, agencies may deviate from the FAR if necessary to meet specific needs. However, deviations must be documented and justified.

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Subpart 1.3 – Agency Acquisition Regulations

Supplementation: Agencies may supplement the FAR with additional regulations, but these must not conflict with or unnecessarily duplicate the FAR.

Implementing and Supplementing Procedures: Agencies must ensure their regulations are clear, concise, and readily accessible to the public. They should provide adequate guidance to contracting officers and other personnel involved in the acquisition process.

Subpart 1.4 – Deviations from the FAR

Individual and Class Deviations: There are two types of deviations: individual and class. Individual deviations affect a single contract or program, while class deviations impact multiple contracts or programs.

Requesting Deviations: Agencies must follow a specific process to request deviations, including documenting the rationale and obtaining the necessary approvals.

Subpart 1.5 – Agency and Public Participation

Public Participation: The FAR encourages public participation in the rulemaking process. Proposed changes to the FAR are published in the Federal Register, allowing stakeholders to provide comments and feedback.

Advisory Councils: Advisory councils, such as the Defense Acquisition Regulations Council (DAR Council) and the Civilian Agency Acquisition Council (CAAC), play a crucial role in developing and revising the FAR.

Subpart 1.6 – Career Development, Contracting Authority, and Responsibilities

Career Development: This section emphasizes the importance of career development and training for acquisition personnel. It outlines the responsibilities of agencies to ensure their staff is adequately trained and qualified.

Contracting Authority: Contracting officers are granted the authority to enter into, administer, and terminate contracts on behalf of the government. This section outlines the responsibilities and limitations of contracting officers.

Responsibilities: Contracting officers are responsible for ensuring that contracts comply with all applicable laws and regulations. They must exercise sound business judgment and act in the best interest of the government.

Key Takeaways for Business Owners

Understanding Part 1 of the FAR is essential for business owners entering the government contracting arena. Here are some key takeaways:

FAR Structure: The FAR is structured to provide uniform policies and procedures for federal acquisitions. It’s divided into parts, subparts, and sections for easy navigation.
Agency Regulations: In addition to the FAR, federal agencies may have their own acquisition regulations. Be sure to familiarize yourself with any agency-specific requirements relevant to your business.
Deviations: Agencies can deviate from the FAR in certain circumstances, but these deviations must be justified and documented.
Public Participation: The rulemaking process for the FAR encourages public participation. Keep an eye on proposed changes in the Federal Register and provide feedback when relevant.
Contracting Authority: Contracting officers play a critical role in the acquisition process. Understanding their authority and responsibilities can help you better navigate interactions with these key personnel.

Conclusion

Navigating the FAR can be daunting, but breaking it down into manageable sections makes it more approachable. Part 1 of the FAR lays the groundwork for understanding the entire regulation by outlining its purpose, authority, and administration. By familiarizing yourself with these foundational concepts, you’ll be better equipped to navigate the complexities of government contracting.

In the next installment of this series, we’ll delve into Part 2 of the FAR, which covers definitions and general principles. Stay tuned for more insights and practical tips to help you succeed in the world of government contracting.

About Us:

FedBiz Access is leading government contracting business development and marketing firm that offers research and engagement strategy coaching, registrations, certifications, and GSA Schedules, as well as marketing packages to target buyers at the federal level. The company has over 23 years of experience working with thousands of companies worldwide to help them win over $35.7 billion in awards. From registration to award, FedBiz helps businesses succeed in the government marketplace.

Important Note: This information is accurate as of 8/6/2024. The Federal Acquisition Regulation (FAR) is updated regularly.