Applicability
For DoD, NASA, and Coast Guard contracts involving information resource management supplies, FAR multi-year contracting authorities do not apply—follow 40 U.S.C. 759 instead.
Overview
FAR 17.102 clarifies the applicability of multi-year contracting authorities for certain federal agencies. Specifically, it states that for the Department of Defense (DoD), NASA, and the Coast Guard, the multi-year contracting authorities referenced in FAR 17.101 do not apply to contracts for the purchase of supplies governed by 40 U.S.C. 759, which pertains to information resource management supply contracts. This means that such contracts are subject to different statutory requirements and are excluded from the general multi-year contracting provisions outlined in Subpart 17.1.
Key Rules
- Exclusion for Certain Agencies and Contracts
- DoD, NASA, and Coast Guard contracts for information resource management supplies (as defined by 40 U.S.C. 759) are not covered by the multi-year contracting authorities in FAR 17.101.
- Reference to Other Statutory Authority
- These contracts must follow the requirements of 40 U.S.C. 759 instead of the general FAR multi-year contracting rules.
Responsibilities
- Contracting Officers: Must determine if a contract falls under 40 U.S.C. 759 and ensure the correct statutory authority is applied.
- Contractors: Should be aware that certain supply contracts for these agencies are governed by different rules and may have unique requirements.
- Agencies: Must ensure compliance with the correct statutory framework for information resource management supply contracts.
Practical Implications
- This section exists to prevent overlap or conflict between FAR multi-year contracting rules and specific statutory requirements for information resource management supplies.
- It impacts daily contracting by requiring careful review of contract subject matter and applicable statutes.
- A common pitfall is misapplying FAR multi-year contracting authorities to contracts that are actually governed by 40 U.S.C. 759.