FAR 1.705—Supersession and modification.
Plain-English Summary
FAR 1.705 addresses what happens when a determination and findings (D&F) is later replaced or changed. It covers two related topics: supersession of a D&F and modification of a D&F after a solicitation has been issued. The first rule protects actions already taken under an original D&F by stating that a later superseding D&F does not invalidate prior actions taken before the supersession date. The second rule gives the contracting officer flexibility by allowing the solicitation to remain in place if the modified D&F still supports the contract action. In practice, this section is about preserving procurement continuity, avoiding unnecessary cancellation and reissuance, and ensuring the administrative record still supports the acquisition decision. It matters because D&Fs often authorize exceptions, approvals, or special contract actions, and agencies need clear rules for what happens when the underlying justification changes midstream.
Key Rules
Supersession does not void prior actions
If a new D&F supersedes an earlier one, actions already taken under the original D&F remain valid as long as they occurred before the supersession date. The later D&F changes the governing basis going forward, but it does not retroactively invalidate earlier authorized steps.
Modified D&F may support solicitation
The contracting officer does not have to cancel the solicitation if the D&F, as modified, still supports the contract action. The key question is whether the revised D&F continues to provide adequate authority and justification for the procurement.
Continuity of procurement record
This section preserves the integrity of the procurement file when the justification changes. Agencies should document the superseding or modified D&F clearly so the record shows what authority applied at each stage of the acquisition.
No automatic restart required
A change to the D&F does not automatically require restarting the procurement process. Cancellation or reissuance is only necessary if the modified D&F no longer supports the contemplated contract action or if other procurement rules require a new solicitation.
Responsibilities
Contracting Officer
Determine whether a modified D&F still supports the contract action and decide whether the solicitation may continue without cancellation. The contracting officer must ensure the file reflects the current D&F and that any prior actions remain properly documented.
Approving Official / D&F Authorizing Official
Issue a superseding or modified D&F when the underlying facts, rationale, or approval basis changes. The official must ensure the revised D&F is sufficient to support the intended procurement action.
Agency
Maintain an accurate procurement record showing the original D&F, any superseding or modified D&F, and the timing of actions taken under each. The agency must preserve the validity of prior actions and support auditability and legal sufficiency.
Contractor / Offeror
Monitor solicitation changes and understand that a revised D&F may affect the basis for the procurement but does not necessarily mean the solicitation will be canceled. Contractors should rely on the current solicitation and any amended record, not the original D&F alone.
Practical Implications
This rule prevents unnecessary disruption when a D&F changes after procurement actions have already begun. Agencies can keep moving if the revised justification still works, which saves time and administrative effort.
A common pitfall is assuming that any change to the D&F automatically invalidates earlier steps. FAR 1.705 says prior actions remain valid if they were taken before supersession.
Another risk is failing to update the contract file. Even if the solicitation stays open, the record should clearly show the modified or superseding D&F and why it still supports the action.
Contracting officers should verify that the revised D&F actually covers the same contract action. If the modification changes the scope or basis in a material way, cancellation or a new solicitation may be necessary under other rules.
For contractors, the practical takeaway is that a revised D&F does not by itself signal a defective procurement. The key issue is whether the government still has valid authority for the action being pursued.
Official Regulatory Text
(a) If a D&F is superseded by another D&F, that action shall not render invalid any action taken under the original D&F prior to the date of its supersession. (b) The contracting officer need not cancel the solicitation if the D&F, as modified, supports the contract action.