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I recently sent a modification package to exercise an option to our contract attorney. When I received my legal review of the package our lawyer noted that findings were not needed on my D&F. That 17.207© states that ?the contracting officer may exercise options only after determining? anf that the "findings" are not required. I have never seen this done, and as our lawyer has been our lawyer for the past 10 years and never mentioned this in his previous reviews, I found it somewhat confusing. Any thoughts?

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Sounds like the lawywer was making a "gee-whiz" observation. It is your contract file--document it as fully as you want, even if the lawyer says less is legally sufficient. The minimum documentation requirements appear at FAR 17.207(f). Reasonable minds might differ on whether a conclusory statement is sufficient, so if you want to explain yourself, don't let your lawyer stop you.

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I recently sent a modification package to exercise an option to our contract attorney. When I received my legal review of the package our lawyer noted that findings were not needed on my D&F. That 17.207? states that ?the contracting officer may exercise options only after determining? anf that the "findings" are not required. I have never seen this done, and as our lawyer has been our lawyer for the past 10 years and never mentioned this in his previous reviews, I found it somewhat confusing. Any thoughts?

FAR Subpart 1.7 addresses Determinations and Findings (D&F). I don't see anything prohibiting the use of a D&F when making a determination to exercise an option.

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FAR Subpart 1.7 addresses Determinations and Findings (D&F). I don't see anything prohibiting the use of a D&F when making a determination to exercise an option.

I guess my question is it is appropriate to just make a determination when exercising an option rather than utilizing a D&F? Or another example, FAR 5.202 states that a KO may not submit a notice when the KO determines, etc. So does that mean a simple MFR with your determination is sufficient, or a D&F is needed?

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Guest Vern Edwards

A D&F, as defined in FAR 1.701, is a "special form" of written approval that is required only when expressly called for, as in FAR 16.601(d)(1). FAR does not require a D&F every time it requires a determination. Of course, a determination presumably must be based on something, and that something may be a "finding" of fact, but the "special form" referred to in 1.701 is not necessary. An ordinary memorandum of record stating your determination and the bases for it should suffice.

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