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2 How to Find the FAR Answer Breakout Third Session level # C08 Etta Waugh, CPCM, CFCM, Professor of Contract Management,» Defense Fifth level Acquisition University Date: Monday, July 27, 2015 Time: 4:00pm 5:15pm 1

3 AGENDA Introduction FAR system organization 5-step FAR System research process Scenario/ demonstration Best practices

FAR SYSTEM ORGANIZATION Title Second 48 of the level Code of Federal Regulations (CFR) Federal Acquisition Regulations System Chapter 1 of the FAR System

4 FAR SYSTEM ORGANIZATION Title Second 48 of the level Code of Federal Regulations (CFR) Federal Acquisition Regulations System Chapter 1 of the FAR System Federal Acquisition Regulation DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT Chapter 2 of the FAR System Defense Federal Acquisition Regulation Supplement 3

5 FAR SYSTEM ORGANIZATION Federal Acquisition Regulation (FAR) Title 48 C.F.R., Chapter 1 8 Subchapters 53 Parts 4

6 Additional FAR System Organization References: FAR Conventions (FAR 1.108) Class Deviations Fourth (FAR level and DFARS ) 8 Subchapters FAR and DFARS Numbering (FAR and DFARS ) 53 Parts 5

7 STEP ONE What ACTION is being Third sought? level What is the SUBJECT of the request? What FAR part covers the subject? 8 Subchapters 53 Parts 6

8 STEP TWO What is the context of the question? What circumstances should be considered? Are there environmental factors regarding the subject? 8 Subchapters 53 Parts 7

9 STEP TWO: Identify the key elements Keyword/subject/part Dollar threshold Type Fourth of level contract Time/date/period 8 Subchapters Socioeconomic 53 Parts Special location Competition Excepted/excluded/special products 8

10 STEP THREE Choose search engine Master search technique Follow substeps 8 Subchapters 53 Parts 9

11 STEP THREE: Conduct the Search 8 Subchapters 53 Parts

12 STEP THREE: Conduct the Search 8 Subchapters 53 Parts Search 11

13 STEP THREE: Conduct the Search 8 Subchapters 53 Parts 12

14 STEP THREE: Conduct the Search 8 Subchapters 53 Parts 13

15 STEP THREE: Conduct the Search Enter search text 8 Subchapters 53 Parts 14

16 STEP THREE: Conduct the Search KEYWORD SEARCH TECHNIQUE Considerations: Recommended: Every instance of 8 Subchapters Break the topic into keyword anywhere in individual keywords entire regulation 53 Parts Brainstorm to select Combination of words that best keywords describe the topic Synonyms Avoid phrases--unless phrase matches the regulation exactly 15

17 STEP THREE: Conduct the Search BOOLEAN SEARCH TECHNIQUE For the farsite.hill.af.mil--zoom Third level Engine Tips: Match ANY search 8 word Subchapters (Boolean OR) Match ALL search word (Boolean AND) 53 Parts Wildcard searches: Add characters such as * or? Exact phrase searches: Enclose the words that form the phrase using double quotations marks, e.g., federal property 16

18 STEP THREE: Conduct the Search RECURRING SECTIONS Scope Definitions Applicability 8 Subchapters General 53 Parts Policy Exceptions Procedures Solicitation Provisions/Contract Clauses 17

19 STEP THREE: Conduct the Search AGENCY SUPPLEMENT Defense Third Federal level Acquisition Fourth Regulation level Supplement (DFARS) 8 Subchapters COMPANION RESOURCE Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 53 Parts 18

20 STEP THREE: Conduct the Search 8 Subchapters 53 Parts Current Class Deviations list located at: class_deviations.html 19

21 STEP FOUR: Evaluate the search results Did the results of your search comprehensively answer the question(s)? Is the answer to the question in the information 53 Parts gathered? 8 Subchapters Is the answer in one of the six FAR conventions? 20

22 STEP FOUR: Evaluate the search results FAR CONVENTIONS FAR 1.108(a) Words and Terms FAR 1.108(d) Application of FAR changes to solicitations and contracts FAR 1.108(b) Delegation of Authority FAR 1.108(e) Citations FAR 1.108(c) Dollar Thresholds FAR 1.108(f) Imperative Sentences 21

23 STEP FIVE: Document the results Clearly document your answer as supported by: Reference Fourth in the level FAR, the agency supplement or companion» Fifth resource level Citing your reference at the part, subpart, section, subsection, paragraph or subparagraph level Correctly formatting your reference using implemental and/or supplemental numbering; or class deviation according to the year issued and the agency tracking number 22

24 23

25 STEP ONE: Read the question ORIGINAL Click to SCENARIO/QUESTION edit Master text styles An employee on one of my DoD contracts is alleging misconduct by their employer on the contract. Third They level are fairly certain that their employer will not admit Fourth fault level and will seek reprisals against them. How long» Fifth after level the DoD Inspector General s report and other leaders decisions and actions does the employee have to file suit? SUBJECT OF THE REQUEST With regard to whistleblower protections for contractor employees, what is the time limit on how long a complainant has to file an action after the DoD Inspector General s report and subsequent leadership s decision? 24

complainant level has to file an action after the DoD» Fifth Inspector level General s report and subsequent leadership

26 STEP ONE: Read the question What is the SUBJECT of the request? With regard to whistleblower protections for contractor employees, what is the time limit on how long Fourth a complainant level has to file an action after the DoD» Fifth Inspector level General s report and subsequent leadership s decision? What FAR part covers the subject? FAR part 3 Improper Business Practices and Personal Conflicts of Interest FAR subpart 3.9 Whistleblower Protections for Contractor Employees 25

STEP TWO: Identify the key elements Keyword/subject/part Whistleblower Protections for Contractor Employees Time/date/period Time limit after DoD IG and

27 STEP TWO: Identify the key elements Keyword/subject/part Whistleblower Protections for Contractor Employees Time/date/period Time limit after DoD IG and HCA decisions/actions Contract funding Verify contract NOT funded under American Recovery and Reinvestment Act of 2009 Federal agency Department of Defense 26

28 STEP THREE: Conduct the Search 27

29 STEP THREE: Conduct the Search 28

30 STEP THREE: Conduct the Search 29

31 STEP THREE: Conduct the Search 30

32 STEP THREE: Conduct the Search CLASS DEVIATIONS 31

STEP FOUR: Evaluate the search results QUESTION: With regard to whistleblower

long a Fourth complainant level has to file an action after the DoD Inspector

POTENTIAL ANSWER: According to DFARS 203.

33 STEP FOUR: Evaluate the search results QUESTION: With regard to whistleblower protections for contractor Third employees, level what is the time limit on how long a Fourth complainant level has to file an action after the DoD Inspector General s report and subsequent leadership s decision? POTENTIAL ANSWER: According to DFARS (2)(ii), an action under this authority may not be brought more than two years after the date on which remedies are deemed to have been exhausted. 32

STEP FIVE: Document the results POTENTIAL ANSWER: According Fourth to DFARS level 203.

34 STEP FIVE: Document the results POTENTIAL ANSWER: According Fourth to DFARS level (2)(ii), an action under this authority may not be brought more than two years after the date on which remedies are deemed to have been exhausted. 33

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36 precourse-2/ Etta Waugh Defense Acquisition University 35

DAU Lunch and Learn June 10, The 5-Step FAR System Research Process

DAU Lunch and Learn June 10, The 5-Step FAR System Research Process DAU Lunch and Learn June 10, 2015 The 5-Step FAR System Research Process AGENDA Introduction FAR system organization 5-step far system research process Scenario/ demonstration Best practices FAR SYSTEM