26.501 Applicability
Source: FAR 26.501 on acquisition.gov
FAR 26.501 defines when Drug-Free Workplace requirements apply to federal contracts and clearly lists exceptions, helping contractors and agencies determine compliance obligations.
Overview
FAR 26.501 outlines the applicability of the Drug-Free Workplace requirements to federal contracts. It specifies which contracts are subject to these requirements and details several key exceptions. The subpart generally applies to most contracts, including those with 8(a) contractors and certain modifications, but excludes contracts at or below the simplified acquisition threshold (except those awarded to individuals), contracts for commercial products and services, contracts performed outside the U.S. and its outlying areas, certain law enforcement contracts, and contracts where application would conflict with international obligations or foreign laws.
Key Rules
- General Applicability
- The Drug-Free Workplace requirements apply to most federal contracts, including 8(a) contracts and modifications requiring justification and approval.
- Exceptions
- Contracts at or below the simplified acquisition threshold are generally excluded, except those awarded to individuals.
- Contracts for commercial products and services are excluded.
- Contracts performed outside the U.S. and its outlying areas are excluded.
- Law enforcement agencies may be exempt if determined necessary for undercover operations.
- Contracts conflicting with international obligations or foreign laws are excluded.
Responsibilities
- Contracting Officers: Must determine if the Drug-Free Workplace requirements apply and document any exceptions.
- Contractors: Must comply with Drug-Free Workplace requirements if their contract falls within the scope.
- Agencies: Must ensure proper application and documentation of exceptions, especially for law enforcement and international contracts.
Practical Implications
- This section helps contractors and contracting officers quickly determine if Drug-Free Workplace rules apply to a given contract.
- It clarifies exceptions, reducing compliance confusion and risk of misapplication.
- Common pitfalls include overlooking exceptions for commercial items or contracts performed overseas.
This subpart applies to contracts, including contracts with 8(a) contractors under FAR subpart 19.8 and modifications that require a justification and approval (see subpart 6.3), except contracts-
(a) At or below the simplified acquisition threshold; however, the requirements of this subpart apply to all contracts of any value awarded to an individual;
(b) For the acquisition of commercial products and commercial services (see part 12);
(c) Performed outside the United States and its outlying areas or any part of a contract performed outside the United States and its outlying areas;
(d) By law enforcement agencies, if the head of the law enforcement agency or designee involved determines that application of this subpart would be inappropriate in connection with the law enforcement agency’s undercover operations; or
(e) Where application would be inconsistent with the international obligations of the United States or with the laws and regulations of a foreign country.