27.101
Applicability
FAR Part 27 applies to all agencies, but agencies may publish alternative policies or clauses to meet specific legal or international requirements.
Overview
FAR 27.101 establishes that the policies and procedures in Part 27 apply to all federal agencies involved in government contracting. However, it also recognizes that agencies may need to implement alternative policies, procedures, solicitation provisions, or contract clauses to comply with specific legal requirements, executive orders, treaties, or international agreements. When agencies do so, they must ensure these alternatives are formally included in their published regulations, ensuring transparency and consistency.
Key Rules
- Universal Applicability
- Part 27 applies to all federal agencies unless specific exceptions are required by law or international agreements.
- Agency Alternatives
- Agencies may adopt alternative policies or clauses when necessary to comply with unique legal or international obligations, but must publish these alternatives in their regulations.
Responsibilities
- Contracting Officers: Must follow Part 27 unless agency-specific alternatives are published and applicable.
- Contractors: Should be aware of both FAR Part 27 and any agency-specific regulations that may alter standard requirements.
- Agencies: Must publish any alternative policies or clauses in their official regulations when deviating from FAR Part 27.
Practical Implications
- This section ensures a baseline of uniformity in intellectual property and related contracting policies, while allowing flexibility for agency-specific or international requirements.
- Contractors should always check for agency supplements or deviations from the FAR to ensure compliance.
- Failure to recognize agency-specific alternatives can lead to non-compliance or contractual disputes.