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Introduction to the FAR. Breakout Session # 201 Lynn Bales, Contract Specialist, The Boeing Company April 23, 2007 10:45-11:45. Class Objectives. To Discuss what the FAR is and how it serves the Acquisition Process To demonstrate the use of the FAR Discuss the use of the FAR Matrix
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Breakout Session # 201
Lynn Bales, Contract Specialist, The Boeing Company
April 23, 2007
The FAR is the “Playbook” of the Government Contracting Organization.
If you know the rules, you will be a better contract administrator/negotiator.
The FAR is published in--
And in various sites on the internet:
GSA and Air Force have official sites
A Historical Look
Organization Supplements begin with the top level of the service or agency
And each level or organization can further supplement due to its mission.
FAA is exempt from using the FAR, having written their own regulation after Desert Storm.
Are numbered the same way except for two digits added representing the supplement.
Chapters 2 through 59 of Title 48 CFR are reserved for the Acquisition Regulations of Executive Agencies.
Chapter 2 Department Of Defense DFARS
Chapter 18 National Aeronautics And Space Administration
Chapter 50 General Service Administration
Chapter 51 Department Of The Army Acquisition Regulations
Chapter 52 Department Of The Navy Acquisition Regulations
Chapter 53 Department Of The Air Force Acquisition Regulations
Agency supplements to the FAR are preceded by their chapter number:
The Content of the FAR
NCMA 25th Annual Government Contract Management Conference
21st Century Federal Contract Management: Challenges and Opportunities
11.504 Contract Clauses.
(a) The contracting officer may insert the clause at 52.211-11, Liquidated Damages – Supplies, Services, or Research and Development, in solicitations and contracts when a fixed-price contract is contemplated for supplies, services, or research and development (see 11.502).
(a) Liquidated damages clauses should be used only when both (1) the time of delivery or performance is such an important factor in the award of the contract that the delivery or performance is delinquent, and (2) the extent or amount of such damage would be difficult or impossible to ascertain or prove. In deciding whether to include a liquidated damage clause in a contract, the contracting officer should consider the probable effect on such matters as pricing, competition, and the costs and difficulties of contract administration.
52.211-11 Liquidated Damages – Supplies, Services or Research and Development
As prescribed in 11.504(a), the contracting officer may insert the following clause in solicitations and contracts when a fixed-price contract is contemplated for supplies, services or research and development (see
LIQUIDATED DAMAGES-SUPPLIES, SERVICES OR
RESEARCH AND DEVELOPMENT (APR 1984)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed and liquidated damages, for each calendar day of delay the sum of _______________ [Contracting Officer insert amount].
(b) Alternatives, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Default – Fixed-Price Supply and Service clause in this contract and in that event, the Contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause.
(c) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract. (End of clause)