Are subcontracting plans required for contracts performed entirely in Tonga?
Answer: No. The FAR requires a subcontracting plan when a contract has subcontracting possibilities and exceeds the threshold; however, the requirement to obtain an acceptable subcontracting plan does not apply to acquisitions that will be performed entirely outside the United States and its outlying areas. For a DoD acquisition performed entirely in Tonga, a subcontracting plan is not required unless another FAR or DFARS provision or an agency implementation requires it.
Citation: FAR 19.702 (requirement for subcontracting plans and exceptions) — see FAR 19.702.
Does the contracting officer have to amend the solicitation to include the new clause?
Answer: No, not automatically. When the FAR is changed by issuance of a new clause, the new FAR text is effective as specified in the final rule. If the final rule is silent about applicability to existing solicitations, the contracting officer is not required to amend an existing solicitation solely because the FAR was changed after the solicitation was issued; the new clause must be included in solicitations and contracts issued (or awarded) after the effective date as directed by the FAR and the final rule’s applicability language. If agency or component policy or the final rule specifically requires amendment of pending solicitations, the contracting officer must follow that direction.
Citation: FAR 1.108 (effect of changes to the FAR and applicability of new or revised clauses and provisions; apply FAR changes as specified in the final rule).
You are the contracting officer for a noncommercial acquisition for supplies with an estimated value of $1,350,000 that is being executed as a small business set-aside. Are you required to include the clause at FAR 52.219-14, Limitations on Subcontracting, in your solicitation?
Answer: Yes. For a noncommercial supplies acquisition being conducted as a small business set-aside, the solicitation must include the Limitations on Subcontracting clause where applicable. Include the clause consistent with FAR guidance on small business set-asides and the limitations on subcontracting requirement.
Citation: FAR 19.502-2 (policy on set-asides for small business) and FAR 52.219-14 (Limitations on Subcontracting clause).
Can a contractor submit a claim by e-mail?
Answer: Yes. A contractor may submit a claim by e-mail provided the submission is in writing, signed by the contractor (and, for claims over $100,000, contains the required certification), and otherwise meets the requirements for a claim under the Contract Disputes Act and the FAR. If the contract prescribes a different method for submitting claims, the contractor must follow the contract.
Citation: FAR 33.207(a) and (c) (requirements that claims be in writing, signed, and certified when over $100,000).
FAR 23.106(b)(1) allows the head of an agency to exempt agency activities from the sustainable acquisition requirements in FAR subpart 23.1 in the interest of national security. Can the agency head’s authority to grant this exemption be delegated to the heads of contracting activities?
Answer: Yes. The FAR provides that the agency head’s authority under FAR 23.106(b)(1) to exempt agency activities from the sustainable acquisition requirements may be delegated (consistent with agency delegations). Heads of contracting activities may be delegated the authority to grant such exemptions where the agency head has authorized that delegation.
Citation: FAR 23.106(b)(1) (agency head exemptions for national security) and FAR 23.106 (delegation language authorizing delegation consistent with agency delegation practices).
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