Before any contract is awarded, what must be executed as required by FAR Part 16?

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The requirement detailed in FAR Part 16 before any contract is awarded is the execution of a Determination and Findings (D&F). A D&F is a formal document that justifies the decision-making process behind the contract choice, particularly when it comes to certain types of contracts, such as those that involve negotiation or specific pricing arrangements. This document must establish that the proposed action is necessary and beneficial to the government and that the chosen method of procurement aligns with the law and regulations.

The D&F serves to ensure accountability and transparency in contract awards, confirming that the decision is supported by a valid legal basis and rational reasoning. This process benefits both the contract award process and ultimately the utilization of taxpayer resources by providing a structured framework for decision-making prior to contract execution.

Other processes like proposal evaluation, cost analysis, or independent review may play significant roles in the contracting process but are not mandated prerequisites specifically highlighted under FAR Part 16 before the award of a contract. These activities may occur subsequently or concurrently, but they do not replace the necessity of preparing and executing a Determination and Findings as a foundational step in the contracting process.

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