17.702
Applicability
FAR 17.702 clarifies that Subpart 17.7 applies to nondefense agency acquisitions for DoD, except for certain intelligence community joint programs.
Overview
FAR 17.702 establishes the scope of Subpart 17.7, clarifying when its rules apply to acquisitions by nondefense agencies on behalf of the Department of Defense (DoD). Specifically, it states that the subpart covers all such acquisitions unless the contract is entered into by a nondefense agency that is part of the intelligence community for a joint program serving both DoD and the nondefense agency. This distinction is crucial for determining when the additional requirements and procedures of Subpart 17.7 must be followed.
Key Rules
- General Applicability
- Subpart 17.7 applies to all acquisitions by nondefense agencies on behalf of DoD.
- Intelligence Community Exception
- The subpart does not apply if the nondefense agency is an intelligence community element conducting a joint program for both DoD and itself.
Responsibilities
- Contracting Officers: Must determine if their acquisition falls under the scope of Subpart 17.7 and apply its requirements unless the intelligence community exception applies.
- Contractors: Should be aware if their contract is subject to Subpart 17.7 requirements based on the agency and program involved.
- Agencies: Must ensure proper application of the subpart and document any exceptions.
Practical Implications
- This section helps agencies and contractors identify when the special rules for DoD acquisitions by nondefense agencies apply, avoiding misapplication of requirements.
- Misunderstanding the exception for intelligence community joint programs could lead to compliance errors or unnecessary procedural steps.