FAR 1.704—Content.
Plain-English Summary
FAR 1.704 explains what must be included in a Determination and Findings (D&F) so it is legally sufficient and usable in the acquisition file. It covers the minimum content requirements for the document: identification of the agency, contracting activity, and the document itself as a D&F; a description of the action being approved; the statute or regulation that authorizes the action; the factual findings and reasoning supporting the decision; the formal determination that the action is justified; any required expiration date; and the signature and date of the authorized official. The section exists to ensure that exceptions, approvals, or other actions requiring a D&F are not based on conclusory statements, but on a documented record that shows the decision-maker considered the relevant facts and legal authority. In practice, this means the D&F must be specific, supported by technical and requirements input, and written in the agency’s prescribed format so reviewers can tell exactly what is being approved and why. It also helps protect the agency by creating an auditable record that supports the decision if later questioned by oversight officials, auditors, or protest forums.
Key Rules
State the document clearly
The D&F must identify the agency, the contracting activity, and expressly label the document as a "Determination and Findings." This makes the approval record unmistakable and ties it to the correct organizational authority.
Describe the action approved
The document must explain the nature and/or description of the action being approved. The reader should be able to tell exactly what procurement action, exception, or approval is being authorized.
Cite the legal authority
The D&F must cite the specific statute and/or regulation on which it is based. This links the decision to the governing authority and shows the action is being taken within the proper legal framework.
Support with facts and reasoning
The findings must detail the particular circumstances, facts, and reasoning that support the determination. The section requires enough detail to clearly and convincingly justify the decision, not just a conclusory statement.
Use technical input
Necessary supporting documentation must be obtained from the appropriate requirements and technical personnel. The D&F should reflect the underlying program, technical, or requirements basis for the action.
Make the formal determination
Based on the findings, the D&F must state that the proposed action is justified under the applicable statute or regulation. This is the decision point that converts the factual record into an authorized approval.
Include expiration and signature
If required, the D&F must include an expiration date, and it must be signed and dated by the official authorized to sign it. These elements establish the document’s validity period and confirm proper approval authority.
Responsibilities
Contracting Officer
Ensure the D&F is prepared in the prescribed agency format, contains all required elements, and is complete before relying on it for contract action. The contracting officer must also verify that the document is supported by the correct legal citation, factual findings, and authorized signature.
Requirements Personnel
Provide the program or mission need, factual background, and supporting information needed to explain why the action is necessary and appropriate. They help establish the real-world circumstances that justify the determination.
Technical Personnel
Supply technical analysis, data, or documentation needed to support the findings. Their input should substantiate the specific facts and reasoning underlying the proposed action.
Authorized Official
Review the D&F and sign it only if authorized to do so under the applicable delegation or agency rules. The official must date the document and ensure the determination is supported by the findings.
Agency
Prescribe the required D&F format and establish internal procedures for content, approval, and retention. The agency must also ensure the document identifies the proper contracting activity and complies with any expiration-date requirements.
Practical Implications
A D&F is not a formality; it is the written justification for an action that needs special authority, so vague language can make the approval vulnerable to challenge.
The most common mistake is using conclusory statements without enough facts, analysis, or supporting documentation to show why the action is justified.
Another frequent problem is citing the wrong statute or regulation, which can undermine the legal basis for the decision even if the facts are otherwise strong.
Contracting officers should confirm that the D&F is signed by the correct official and, when required, that it has not expired before the related contract action is taken.
Because the section requires input from requirements and technical personnel, early coordination is important; waiting until the last minute often leads to incomplete findings or missing support.
Official Regulatory Text
Each D&F shall set forth enough facts and circumstances to clearly and convincingly justify the specific determination made. As a minimum, each D&F shall include, in the prescribed agency format, the following information: (a) Identification of the agency and of the contracting activity and specific identification of the document as a "Determination and Findings." (b) Nature and/or description of the action being approved. (c) Citation of the appropriate statute and/or regulation upon which the D&F is based. (d) Findings that detail the particular circumstances, facts, or reasoning essential to support the determination. Necessary supporting documentation shall be obtained from appropriate requirements and technical personnel. (e) A determination, based on the findings, that the proposed action is justified under the applicable statute or regulation. (f) Expiration date of the D&F, if required (see 1.706 ). (g) The signature of the official authorized to sign the D&F (see 1.707 ) and the date signed.