Contracts & Legal

Determination and Findings

Determination 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 Determination 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 Determination 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.

Determination and Findings (D&F) Process

  1. The Procuring Contracting Officer (PCO) and contract specialist shall gather sufficient facts to make findings.
  2. 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.
  3. When sufficient findings have been accumulated, the PCO shall make the appropriate determination.
  4. The PCO and contract specialist shall document each D&F with enough facts to clearly and convincingly justify the specific determination made.
  5. D&F Numbering.

Determination and Findings (D&F) Responsibility

It is the responsibility of the Procuring Contracting Officer (PCO) and contract specialist to determine when a D&F or class D&F is required for an individual contract action or classes of contract actions.

AcqNotes and References:

Updated: 7/5/2021

Rank: G2.7

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