FAR and DFARS › FAR Part 1: Federal Acquisition Regulations System › Subpart 1.7

FAR 1.704 Content.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains what must be included in a Determination and Findings (D&F) document. A D&F must contain enough facts and reasoning to clearly justify the specific decision being made, and it must follow a prescribed agency format with required elements such as identification, description, legal citation, findings, determination, expiration date if needed, and signature. For contractors, this matters because D&Fs are often used to justify exceptions or special approvals in contracting actions, so understanding their content helps ensure compliance and supports the validity of the action.

Applies to: Determination and Findings (D&F) documents

What it requires

  • Include identification of the agency, contracting activity, and specific identification as a Determination and Findings.
  • Describe the nature and/or description of the action being approved.
  • Cite the appropriate statute and/or regulation upon which the D&F is based.
  • Detail findings with particular circumstances, facts, or reasoning, and obtain necessary supporting documentation from appropriate requirements and technical personnel.

Key terms: Determination and Findings · D&F · agency · contracting activity · statute

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The 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 identifications 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(b)).

(g) The signature of the official authorized to sign the D&F (see 1.706) and the date signed.

Sections it refers to

Sections that refer to it

← 1.703 Class determinations and findings. · 1.705 Supersession and modification. →

Rule changes for FAR Part 1

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 1.704 Content · SpendQuery