Government Contacting - FAR Part 4 - Administrative Matters

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Ryan Bradel
Ward Berry
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FAR PART 4
Administrative Matters
Link:
https://acquisition.gov/content/part-4-administrative-matters
January 17, 2020

FAR Part 4 – Administrative and Information Matters
• Part 4 is often referred to as the FAR’s miscellaneous “catch all”
section
• It is somewhat of a smorgasbord of rules dealing with various
topics you can discern a bit of a focus on: 1) the management of
“paper;” 2) the retention of records; 3) and the protection of
information.
• Rules can seem random and dry but there is plenty to trip up
even a scrupulous contractor.

Subpart 4.1 – Contract Execution
• Who can sign the contract for the government?
• Must be a warranted contracting officer up to the limit
of the warrant.
• What happens if the contracting officer doesn’t have a
sufficient warrant?
• Changes: make sure that you get written instruction on
any changes to the contract from the contracting
officer.

Subpart 4.1 – Contract Execution
• Who can sign for the contractor?
• Must be signed in the name of the entity if the entity is
performing the contract
• Anyone with authority to bind the entity can sign:
• Sole proprietor, general partner, or authorized employee of corporation
• The contracting officer may ask you for evidence of the
agent’s authorization to bind the principal
• Joint ventures: a representative for each joint venturer

Subpart 4.2 – Contract Distribution
• Rules for when and to whom the contracting officer must
distribute copies of the contract (administrative offices, finance
office, etc.)
• Rules for distributing the contractors Taxpayer Identification
Number.
• Requires contracting officer to provide copy of contract to
contractor within 10 days.

Subpart 4.3 – Paper Documents
• Requires use of electronic means to distribute documents
• When electronic means are not appropriate (e.g., classified
contract) then must use both sides and 30% recycled paper
• Rules for distributing the contractors Taxpayer Identification
Number
• Requires the use of clause 52.204-4 which requires contractors
to abide by the same requirements

Subpart 4.4 – Safeguarding Classified Information Within Industry
• Security of classified information is covered by the National
Industrial Security Program Operating Manual (NISPOM).
• This is the FAR clause that incorporates the NISPOM
• This clause also includes procedures for contracting officers as to
how to determine whether a solicitation is classified and how to
handle such a solicitation.

Subpart 4.5 – Electronic Commerce in Contracting
• Encourages use of electronic means whenever possible.
• Just because a term that is typically associated with paper (e.g.,
“copy,” “document,” “page,” “envelope,” “in writing”) does not
necessarily mean that a piece of paper is required—use
electronic means, if possible.

Subpart 4.6 – Contract Reporting
• Prescribes uniform reporting requirements for the Federal
Procurement Data System (www.fpds.gov)
• All contracts over the micro-purchase threshold ($3,500 for
civilian agencies and $5,000 for DOD)
• Very dynamic data system that can be sorted to show all types of
information (e.g., FFP vs. cost reimbursable, large business v.
small business, how much runway a particular company might
have on its contracts)

Subpart 4.7 – Contractor Retention of Records
• Requires contractors to maintain records related to the contract
(if there is an “Audit and Records” clause in the contract)
• Generally must be preserved for 3 years after final payment
• What is included?
• Books, documents, accounting procedures and practices
and “other data”
• Several exceptions: e.g., cost accounting records (4 years)payroll
(2 years) and work orders for equipment repairs (4 years)
• Penalty for failure to retain: adverse inference

Subpart 4.8 – Government Contract Files
• Counterpart to 4.7 for the government
• Long list of categories of documents that the agency must keep
• “System of records” for purposes of FOIA
• Also specifies contract closeout timelines: 6 months for FFP and
36 months for cost reimbursable
• There is no deadline for submission of invoices in the FAR but
agency rules often address it to protect an agency’s current year
money

Subpart 4.9 – Taxpayer Identification Numbers
• Requires the agency to transmit contract information to the IRS

Subpart 4.10 – Uniform Use of Line Items
• Standardized system of numbers for line items so that it is easier
to tell whether the line item is for labor, ODCs, etc.
• Requirements on how line items are to be broken out so that
line items are not too general or high level
• Goal: to provide greater visibility into what the government is
buying

Subpart 4.11 – System for Award Management
• Every contractor must be registered in SAM at the time of award
and provide all necessary information:
• Identification numbers (DUNS, CAGE, etc.)
• Names of officers
• Address
• NAICS codes
• Small business representations
• Exceptions: 1) contracts performed outside the US; 2) unusual
and compelling urgency; 3) classified

Subpart 4.12 – Representations and Certifications
• Closely related to the prior subpart—requires completion of reps
and certs in SAM
• The reps and certs are used as a screening mechanism for
solicitations
• The reps and certs are incorporated into the contract
• So a misrepresentation can lead to termination of a
contract

Subpart 4.13 – Personal Identity Verification
• Increased the security applicable to any contractor personnel
that would have routine access to federal facilities or access to
certain sensitive federal data (even if it is housed at a contractor
facility)
• Any contractor employees who fall into this category must be
fingerprinted and be run through federal data bases
• Return of badges is a contract closeout item
• List of designated sources of vendors for equipment to produce
cards to prevent security breaches by unvetted vendors

Subpart 4.14 – Reporting Executive Compensation
• Requires primes and first tier subcontractors to report the names
and compensation of their 5 highest paid executives if:
• Over $25M in federal contracts/subcontracts
• Which accounts for 80% of the company’s gross revenue
• The public does not otherwise have access to this
information
• The public can view this information on www.usaspending.gov

Subpart 4.15 – Reserved

Subpart 4.16 – Unique Procurement Instrument Identifiers
• Linked to the FPDS data system
• Establishes a system for numbering contracts in order to ensure
that each contract number is unique for at least 20 years.

Subpart 4.17 – Services Contract Inventory
• Must report the number of man hours worked by service
contractor personnel
• Purpose: to give Congress a sense of how many hours are
worked by contractors vis-à-vis government employees
• The idea was to try to move contractor personnel into
government employee positions but the thinking has changed
and now the government is trying to outsource more and make
government smaller
• This information is reported on the agency website

Subpart 4.18 – Commercial and Government Entity Code
• “CAGE” Code is generated by SAM when you register in SAM
• Purpose: primarily to track how much business the contractor is
getting and banking information (the CAGE code is tied to the
ACH bank account number)
• Contracting officer must verify CAGE code prior to award

Subpart 4.19 – Basic Safeguarding of Covered Contractor
Information Systems
• Establishes fifteen safeguards that contractors must implement
if their IT system will process, store, or transmit information
generated or provided during the performance of a federal
contract.
• Sample: 1) limit access to authorized users; 2) authenticate
identities of users; 3) sanitize or destroy storage media; 4)
provide protection from malicious code

Subparts 4.20, 4.21 – Prohibition on Purchasing from Certain
Entities
• Prohibits contracting for hardware, software, or services
developed or provided by Kaspersky Lab
• Prohibits contracting for certain telecommunications or video
surveillance equipment produce by certain Chinese companies.

Thank You For Joining Us!
Ryan Bradel
rbradel@wardberry.com
202-331-8162

Brought To You By:
JSchaus & Associates
Washington DC
PH: 202-365-0598
Hello@JenniferSchaus.com

Government Contacting - FAR Part 4 - Administrative Matters

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