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FAR Part 4 Overview

FAR Part 4 Overview. Administrative Matters. FAR 4.1 Contract Execution. 4.101 Only contracting officers (CO) shall sign contracts on behalf of the United States. CO signs the contract after the contractor has signed. 4.102 Contractor signature may be provided by: Individuals Partnerships

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FAR Part 4 Overview

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  1. FAR Part 4 Overview Administrative Matters

  2. FAR 4.1 Contract Execution • 4.101 Only contracting officers (CO) shall sign contracts on behalf of the United States. • CO signs the contract after the contractor has signed. • 4.102 Contractor signature may be provided by: • Individuals • Partnerships • Corporations • Joint Ventures • Agents

  3. FAR 4.2 Contract Distribution • 4.201 Contracting officers shall distribute copies of contracts or modifications within 10 working days after execution by all parties. • 4.203 Taxpayer Identification Information (TIN) • Contractor must provide TIN and type of organization information

  4. FAR 4.3 Paper Documents • 4.300 Scope of subpart • This subpart provides policies and procedures on contractor-submitted paper documents.

  5. FAR 4.4 Safeguarding Classified Information Within Industry • 4.402 Executive Order 12829, January 6, 1993 (58 FR 3479, January 8, 1993), entitled “National Industrial Security Program” (NISP), establishes a program to safeguard Federal Government classified information that is released to contractors, licensees, and grantees of the United States Government.

  6. FAR 4.4 Continued The National Industrial Security Program Operating Manual (NISPOM) incorporates the requirements of the NISP Executive orders. The Secretary of Defense, in consultation with all affected agencies and with the concurrence of the Secretary of Energy, the Chairman of the Nuclear Regulatory Commission, and the Director of Central Intelligence, is responsible for issuance and maintenance of this Manual.

  7. FAR 4.4 Continued • 4.403, 4.404 • CO shall review proposed solicitations and determine security requirements. • CO ensures acquisition is NISP compliant.

  8. FAR 4.5 Electronic Commerce in Contracting • 4.502 The Federal Government shall use electronic commerce whenever practicable or cost effective.

  9. FAR 4.6 Contract ReportingFederal Procurement Data System (FPDS) FPDS Purpose • Provide database of information regarding business types, types of contracts awarded, products purchased and associated costs, from which reports can be generated for the Government or general public.

  10. FAR 4.6 Continued 4.606 Reporting Data Contract Actions agencies must report to FPDS • Definitive contracts, including purchase orders and imprest fund buys over the micro-purchase threshold awarded by a contracting officer • Indefinite delivery vehicles, including Task and Delivery Order contracts, GSA Federal supply schedules, Blanket Purchase Agreements, and any other agreement or contract against which purchases can be placed

  11. FAR 4.7 Contractor Records Retention 4.702 Applicable to contracts where FAR 52.214-26, Audit and Records – Sealed Bidding or FAR 52.215-2, Audit and Records - Negotiation have been incorporated into the contract 4.703 Contractors are required to have available: records (i.e. books, documents, accounting procedures and practices, and other source data) for 3 years after final payment. 4.705 Financial and cost accounting records, pay administration, acquisition and supply records – 2-4 years.

  12. FAR 4.8 Government Contract Files Contract files are kept for all contract actions. • Files document complete history of the contract • Files are readily accessible to principal users • Include quotations, certifications, source selection information, etc.

  13. FAR 4.8 Continued • 4.804 Closeout of Contract Files • Simplified contracts closed upon CO receipt of evidence of receipt of property and final payment • FFP contracts should be closed within 6 months after CO receipt of evidence of physical completion. • Contracts requiring settlement of indirect cost rates should be closed within 36 months after CO receipt of evidence of physical completion. • All others – within 20 months.

  14. FAR 4.9 Taxpayer Identification Number Information (TIN) • Purpose of TIN • Debt collection • Internal Revenue Service (IRS) reporting

  15. FAR 4.10 Contract Line Items • Method utilized to identify items or services being acquired.

  16. FAR 4.11 Central Contractor Registration CCR On May 29, 2012, the Central Contractor Registration (CCR) system is going away. CCR, along with Federal Agency Registration (FedReg), the Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS), will be migrated into the new System for Award Management, or SAM.

  17. FAR 4.11 Continued • 4.11 CCR – Prior to contract award, contractors are to be registered with CCR. • Provides the federal government a database of information on contractors. • Allows the Government to identifying and assist in paying contractors. • Registering requires: DUNS number, Cage Code, and proper Orca Filings.

  18. FAR 4.12 Representations and Certifications 4.1200 Online Representations and Certifications Application (ORCA) (also migrating to SAM on 5/29/12) • Allows contractors to provide “representations and certifications” where they can be accessed by numerous contracting and procurement offices

  19. FAR 4.13 Personal Identity Verification 4.1301 Applicable when contractor and/or subcontractor personnel are performing services routinely at Federally-controlled facilities and/or have routine access to an information system that is Federally controlled. 4.1302 Personal Identity Verification is also applicable to the acquisition of products and services.

  20. FAR 4.14 Reporting Executive Compensation and First-Tier Subcontract Awards 4.1401 Applicable to contracts awarded at $25k or higher, the exception being classified contracts and contracts awarded to individuals. • Contractors is required to report its five most highly compensated executives and of its first tier subcontractors. • Exception – contractors and subcontract whose gross income in the prior tax year was under $300k.

  21. FAR 4.15 American Recovery and Reinvestment Act – Reporting Requirements Applicable for contracts or mods that are funded the the American Recovery and Reinvestment Act. Information to be included in reporting: • Dollar amount of contractor invoices • Supplies and services provided • Status report on work progress • Estimate of the number of jobs created and/or retained due to the Recovery Act funding • Executive compensation for contractor and first tier subcontractors.

  22. FAR 4.16 Unique Procurement Instrument Identifiers (PIID) PIID is a standardized method by which the Government identifies contract actions

  23. Management Services Division UNITED STATES OFFICE OF PERSONNEL MANAGEMENT Washington, DC 20415 Contracting Policy No. 4.602(e) Procurement Instrument Identifier (PIID) Purpose: This Contracting Policy provides guidance on the assignment of Procurement Instrument Identifiers (PIIDs) to U.S. Office of Personnel Management (OPM) contractual actions. Effective Date: Immediately Expiration Date: None (may only be cancelled or superseded.) Background: Paragraph 4.601 of the Federal Acquisition Regulation (FAR) requires executive agencies to establish and maintain for a period of 5 years a computer file, by fiscal year, containing various types of information on most contractual actions. The computer file in question must be accessible to the public using the Federal Procurement Data System—Next Generation (FPDS-NG). In other words, we must input to FPDS-NG most of the contractual actions that we issue. (Please refer to Contracting Policy No. 4.602(a) for guidance on input to FPDS-NG.) Paragraph 4.602(e) of the Federal Acquisition Regulation (FAR) requires that each FPDS-reporting agency “assign a unique identifier to every contract, purchase order, BOA, Basic Agreement, and BPA,” and provides the following guidance as to the structure of this unique procurement instrument identifier (PIID): The PIID shall consist of alpha characters in the first positions to indicate the agency, followed by alphanumeric characters identifying bureau, offices, or other administrative subdivisions. The last portion of the PIID shall be numbered sequentially. The PIID may include other elements, as appropriate, such as fiscal year. Delivery orders, task orders, and call numbers must be unique in combination with the basic reference contract vehicle identifier. When the basic reference contract is available for multi-agency use (GWAC, Federal Supply Schedule contract, etc.), an ordering agency shall use the same agency identification prefix for its delivery orders, task orders, and call numbers as it uses for its contractual instruments. Although the current OPM system for numbering contractual documents contains many common-use or standardized elements, there is still some variation in the actual application of www.opm.gov Our mission is to ensure the Federal Government has an effective civilian workforce www.usajobs.gov the system. We must therefore establish a system which is standardized in all elements, and use it without variation.

  24. The Policy: All OPM PIIDs must be structured according to the guidance that follows. Once assigned, the PIID must be retained unchanged for the life of the instrument. 1. Basic PIID number (a) Elements of a PIID. The OPM PIID consists of four fields, each of which is a group of alpha and/or numeric characters, identifying the organizational component, fiscal year of the action, type of action, and number of the action. These fields are separated by hyphens. (1) Characters 1 through 6. The first six positions identify OPM and the organizational component issuing the instrument. This field will always begin with the letters “OPM”, and continue with the number of the issuing organization. For example, OPM049 indicates OPM and the Contracting Group. (2) Characters 7 through 8. The seventh and eighth positions are the last two digits of the fiscal year in which the PIID number is assigned. (3) Character 9. Indicate the type of instrument by entering one of the following upper case letters in this field: A Blanket purchase agreements B Invitations for bids C Contracts of all types except indefinite delivery contracts, facilities contracts, sales contracts, and contracts placed with or through other Government departments or agencies or against contracts placed by such departments or agencies outside OPM D Indefinite delivery contracts E Facilities contracts F Contracting actions placed with or through other Government departments or agencies or against contracts placed by such departments or agencies outside the DoD (including actions with theNational Industries for the Blind (NIB), the National Industries for thSeverely Handicapped (NISH), and the Federal Prison Industries (UNICOR)) G Basic ordering agreements H Agreements, including basic agreements and loan agreements, but excluding blanket purchase agreements, basic ordering agreements, and leases I Do not use J Do not use

  25. K Short form research contract L Lease agreement M Purchase orders—manual (assign W when numbering capacity of M is exhausted during the fiscal year) N Notice of intent to purchase O Do not use P Purchase order—automated (assign V when numbering capacity of P is exhausted during a fiscal year) Q Request for quotation—open market R Request for proposal S Sales contract T Request for quotation—GSA schedule (assign U when numbering capacity of T is exhausted during a fiscal year) U See T V See P W See M X Not used Y Imprest fund Z Not used (4) Characters 10 through 13. Enter the number of the action in these positions. A separate series of action numbers will be used for each type of instrument listed in the table above. Assign such series of action numbers sequentially. (b) Illustration of PIID number. The following is an illustration of a properly configured PIID number: OPM049-05-A-0001. The meaning of the various fields of the number is shown below Field Description OPM049 The action was issued by OPM Contracting Group. 05 The action was issued in FY 2005. A The action is a BPA. 0001 This BPA is the first one in the series.

  26. 2. Supplementary PIID numbers (a) A supplementary PIID number is a field of four alphanumeric characters added to the basic PIID number, separated from it by a hyphen. (b) Use supplementary numbers with the basic PIID number, to identify: (i) Amendments to solicitations. Number amendments to solicitations sequentially, starting with supplementary PIID number M001. For example, OPM049-05-R-0001-M001 means amendment 0001 to RFP no. 0001 issued in FY 2005 by the OPM Contracting Group. (ii) Modifications to contracts and agreements, including provisioned item orders. Number modifications to contracts and agreements sequentially, also starting with supplementary PIID number M001. For example, OPM049-05-A-0001-M001 identifies the first modification to the BPA used in the example in paragraph 1(b) above. (iii) Calls or orders under contracts, basic ordering agreements, or blanket purchase agreements established by CG. Number modification to contracts and agreements sequentially, starting with supplementary PIID number W001. For example, OPM049-05-A-00001-W001 identifies the call order placed against the BPA used in the example in paragraph 1(a) above. 3. When assigning PIID numbers: (a) Use only the alpha-numeric characters, in the groups and format as described above. (b) If it is necessary to provide additional identification on the solicitation, contract, or other related instrument forms, enter it in such a location so as to separate it clearly from the PIID number. (c) Enter the basic PIID number, including Federal supply contract numbers and any supplementary numbers, in the spaces provided on the solicitation, contract, or related instrument forms. If there is no space provided on the form, enter the number in the upper right corner of the form and identify what it is (e.g., BPA Number OPM049-05-A-0001). Point Of Contact: Please direct questions concerning this CP to Tina B. McGuire, Chief, Contracting Group, by telephone at 202-606-4591 or by email at tina.mcguire@opm.gov. Approved By: _______/S/_______________ Ronald C. Flom Senior Procurement Executive SEP 12 2005 Date

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