Applicability
The FAR applies to all federal acquisitions unless a specific exclusion is expressly stated, making it the default regulatory framework for government contracting.
Overview
FAR 1.104 establishes the broad applicability of the Federal Acquisition Regulation (FAR) to all government acquisitions, as defined in FAR Part 2, unless a specific exclusion is stated. This section clarifies that the FAR is the primary regulatory framework governing federal procurement activities, ensuring consistency and uniformity across agencies. Any exceptions to the FAR’s applicability must be explicitly stated within the regulation or by law. Contractors and contracting officers must always refer to the FAR as the baseline set of rules for federal acquisitions, unless a clear exclusion applies.
Key Rules
- Universal Applicability
- The FAR governs all federal acquisitions unless an explicit exclusion is provided.
- Reference to Definitions
- The scope of "acquisitions" is determined by the definition in FAR Part 2.
Responsibilities
- Contracting Officers: Must apply the FAR to all acquisition actions unless a specific exclusion is cited.
- Contractors: Should assume FAR compliance is required for all federal contracts unless notified otherwise.
- Agencies: Must ensure procurement actions adhere to the FAR unless an exception is documented.
Practical Implications
- This section ensures a uniform regulatory baseline for all federal procurement activities.
- Contractors should always check for explicit exclusions before assuming the FAR does not apply.
- Misunderstanding the scope of FAR applicability can lead to compliance issues or contract disputes.