Determinations and Findings (D&F) (FAR Subpart 1.7) is 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. A D&F is normally for an individual contract action.
Class Determinations and Findings (D&F) [1]
- 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.
- 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.
- 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.
Each Determinations and Findings (D&F) should include: [1]
- Identification of the agency and of the contracting activity and specific identification of the document as a “Determination and Findings.”
- Nature and/or description of the action being approved.
- Citation of the appropriate statute and/or regulation upon which the D&F is based.
- 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.
- A determination, based on the findings, that the proposed action is justified under the applicable statute or regulation.
- The expiration date of the D&F, if required.
- The signature of the official authorized to sign the D&F and the date signed.
Determinations and Findings (D&F) Process
- The Procuring Contracting Officer (PCO) and contract specialist shall gather sufficient facts to make findings.
- The PCO or contract specialist shall determine whether a D&F or a class D&F is required for an individual contract action or classes of contract actions, respectively.
- When sufficient findings have been accumulated, the PCO shall make the appropriate determination.
- The PCO and contract specialist shall document each D&F with enough facts to clearly and convincingly justify the specific determination made.
- D&F Numbering.
Determinations and Findings (D&F) Responsibility
The Procuring Contracting Officer (PCO) and contract specialist are responsible for determining when a D&F or class D&F is required for an individual contract action or classes of contract actions.
Difference Between Justification & Approval (J&A) and Determinations and Findings (D&F)
The Competition in Contracting Act (CICA) (10 U.S.C. 2304 and 41 U.S.C. 253) establishes the need for a J&A. In that it lays forth the information submitted to an approving authority for their particular examination and conclusion, it is comparable. Although the FAR mentions completing a D&F several times, a J&A is only mentioned in relation to a contracting officer’s desire to engage in a sole-source procurement.
The Determinations and Findings (D&F) (FAR Subpart 1.7) is 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. A D&F is normally for an individual contract action.
AcqNotes and References:
- [1] Website: FAR Subpart 1.7 “Determination and Findings”
- Template: GSA Determination and Findings
- Template: Air Force Determination and Findings Authority to Use Letter
Updated: 11/29/2023
Rank: G2.7
