FAR 1.706—Expiration.
Plain-English Summary
FAR 1.706 explains when a determination and findings (D&F) expires and how long it remains effective for contracting actions. It covers four specific topics: the requirement to include expiration dates for class D&Fs, the optional use of expiration dates for individual D&Fs, when authority under an individual D&F ends, when authority under a class D&F ends, and the special rule that extends D&F authority when a solicitation has already been issued before the expiration date. In practice, this section matters because a D&F is only valid for the period and purpose authorized, and contracting personnel must know whether they can still rely on it before taking action. It helps prevent awards or other actions from being made under stale authority and ensures the record clearly shows the legal basis for the procurement decision. The solicitation-based extension rule is especially important because it preserves continuity between the approval of the D&F and the later award of the contract(s) resulting from that solicitation.
Key Rules
Class D&Fs Need Expiration Dates
A class D&F must include an expiration date. This ensures the broader authority applies only for a defined period and is not left open-ended.
Individual D&Fs May Be Time-Limited
An individual D&F may include an expiration date, but it is not required. If no date is stated, the authority ends when it is exercised.
Individual Authority Ends on Use
Authority under an individual D&F expires when the authority is exercised or on the stated expiration date, whichever happens first. Once the action covered by the D&F is taken, the D&F cannot be reused for another action.
Class Authority Ends on Date
Authority under a class D&F expires on the expiration date specified in the document. Unlike an individual D&F, the rule does not tie expiration to first use; the date controls.
Solicitation Extends Authority
If a solicitation has been furnished to prospective offerors before the D&F expires, the authority continues until award of the contract or contracts resulting from that solicitation. This prevents the D&F from lapsing between solicitation release and award.
Responsibilities
Contracting Officer
Ensure the correct type of D&F is used, verify that required expiration dates are included, and confirm the D&F is still valid before relying on it for solicitation or award actions. The contracting officer must also determine whether the solicitation-extension rule applies when award occurs after the stated expiration date.
Approving Official / Authorized Signatory
Approve D&Fs with the proper scope and expiration structure, especially ensuring class D&Fs contain an expiration date. The approving official should make sure the document clearly states the authority being granted and any time limits.
Agency
Maintain procedures that track D&F expiration dates and ensure procurement files reflect whether authority remains in effect. The agency should prevent use of expired authority and support consistent application of the solicitation-extension rule.
Contractor / Offeror
Generally does not approve or manage the D&F, but should understand that procurement actions may depend on valid internal government authority. Contractors should be alert to timing issues if a solicitation or award appears to rely on a D&F near or after its expiration date.
Practical Implications
A D&F is not a permanent approval; its timing matters as much as its substance. Contracting staff should check the expiration date before each action that depends on the D&F.
For individual D&Fs, the biggest pitfall is assuming the authority can be reused. Once the covered action is taken, the authority is spent unless the document clearly supports a continuing action within the stated period.
For class D&Fs, forgetting to include an expiration date is a compliance problem because the regulation requires one. File reviewers should verify the date is present and that later actions fall within the authorized period or within the solicitation-extension rule.
The solicitation-extension rule can save a procurement from needing a new D&F between solicitation and award, but only if the solicitation was furnished before expiration. If the solicitation was not issued in time, the authority may lapse and a new D&F may be needed.
Good file documentation is essential. The record should show the D&F date, expiration date, solicitation date if relevant, and why the authority was still valid at award.
Official Regulatory Text
Expiration dates are required for class D&F’s and are optional for individual D&F’s. Authority to act under an individual D&F expires when it is exercised or on an expiration date specified in the document, whichever occurs first. Authority to act under a class D&F expires on the expiration date specified in the document. When a solicitation has been furnished to prospective offerors before the expiration date, the authority under the D&F will continue until award of the contract(s) resulting from the solicitation.