ashleyh Posted January 10, 2011 Report Share Posted January 10, 2011 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? Link to comment Share on other sites More sharing options...
Jacques Posted January 10, 2011 Report Share Posted January 10, 2011 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. Link to comment Share on other sites More sharing options...
napolik Posted January 10, 2011 Report Share Posted January 10, 2011 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. Link to comment Share on other sites More sharing options...
ashleyh Posted January 10, 2011 Author Report Share Posted January 10, 2011 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? Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted January 10, 2011 Report Share Posted January 10, 2011 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. Link to comment Share on other sites More sharing options...
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