1.103
Authority
FAR 1.103 establishes the legal authority and joint responsibility for the creation and maintenance of the FAR, making it the definitive source for federal acquisition regulations.
Overview
FAR 1.103 establishes the legal authority and origin of the Federal Acquisition Regulation (FAR) System. It clarifies that the FAR is developed in accordance with the statutory requirements of 41 U.S.C. chapter 13, which governs Acquisition Councils. The section also specifies that the FAR is jointly prepared, issued, and maintained by the Secretary of Defense, the Administrator of General Services, and the Administrator of NASA, each acting under their respective statutory authorities. This section is foundational, providing the legal basis for the FAR's existence and its ongoing maintenance.
Key Rules
- Statutory Basis
- The FAR System is developed in accordance with 41 U.S.C. chapter 13, which outlines the role of Acquisition Councils in federal procurement regulation.
- Joint Authority
- The FAR is jointly prescribed, issued, and maintained by the Secretary of Defense, the Administrator of General Services, and the Administrator of NASA, under their respective legal authorities.
Responsibilities
- Contracting Officers: Must recognize the FAR as the authoritative source for federal acquisition regulations.
- Contractors: Should understand that the FAR is the primary regulatory framework for federal procurement, backed by statutory authority.
- Agencies: Must adhere to the FAR as the governing regulation for acquisition activities, as prescribed by the designated authorities.
Practical Implications
- This section exists to provide the legal foundation for the FAR, ensuring its legitimacy and authority in federal procurement.
- It impacts daily contracting by establishing the FAR as the definitive set of rules for acquisition, which all parties must follow.
- Common pitfalls include misunderstanding the source or authority of the FAR, which can lead to noncompliance or misinterpretation of regulations.