FAR Compliance Clause Samples

FAR Compliance. FAR Part 8 takes precedence over FAR Parts 13, 14, 15, and 19 since the BPAs are issued against the GSA FSS. FAR Part 13 (Simplified Acquisition Procedures) except 13.303; Part 14 (Sealed Bidding); Part 15 (Contracting by Negotiation); and Part 19 (Small Business Programs) do not apply. COs are required to maximize competition in situations where only one offer is received for acquisitions above the Simplified Acquisition Threshold (SAT) IAW the most recent 27 Apr 11 DPAP memo “Improving Competition in Defense Procurements—Amplifying Guidance”.

FAR Compliance. If the applicable Federal Aviation Regulations change before this Agreement becomes amendable, the Union and the Company will meet to negotiate changes to Sections 8 (Scheduling) and Section 9 (Reserve) to comply timely with the new regulations. SECTION 9 RESERVE FLIGHT ATTENDANTS A. A Reserve Flight Attendant is one who does not hold a line of regular flight assignments and who is available to fly during assigned reserve periods. B. Reserve lines will be published in accordance with the Scheduling and Hours of Service Section. The Company will maintain an adequate number of Flight Attendants on reserve reasonably necessary tofill the needs of the operation. C. Crew Scheduling will call a Flight Attendant with his/her reserve assignment.

FAR Compliance. FAR Part 8 takes precedence since the BPAs are issued against the GSA FSS. According to FAR 8.404(a), excluding 13.303-2(c) (3), FAR Part 13 (Simplified Acquisition Procedures); Part 14 (Sealed Bidding); Part 15 (Contracting by Negotiation); and Part 19 (Small Business Programs) do not apply. Pursuant to FAR 8.404(a), when placing orders under Federal Supply Contracts, most ordering activities shall not seek competition outside of the Federal Supply Schedules or synopsize the requirement (but see exceptions in FAR 8.404(g)). According to a recent deviation issued for FAR 8.404(d), ordering activities are required to make a separate determination of fair and reasonable pricing. Although the GSA has determined the prices of supplies to be fair and reasonable for the purpose of establishing the schedule contract, that determination does not relieve the ordering activity contracting officer from the responsibility of making a determination of fair and reasonable pricing for individual orders, and orders under BPAs, using the proposal analysis techniques at 15.404-1. When determining the best value, under FAR 8.405-3(a)(2), the ordering activity may consider, among other factors, the following: past performance, special features of the supply or service required for effective program performance, trade-in considerations, probably life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, environmental and energy efficiency considerations, and delivery terms. Furthermore, COs are required to maximize competition in situations where only one offer is received for acquisitions above the Simplified Acquisition Threshold (SAT) in accordance with the 27 Apr 11 DPAP Improving Competition in Defense Procurements memo.