50.104 Residual powers
Source: FAR 50.104 on acquisition.gov
FAR 50.104 enables agencies to use extraordinary contractual powers under Pub. L. 85-804, except for those specifically excluded, to support national defense needs in exceptional situations.
Overview
FAR 50.104 outlines the standards and procedures for exercising the "residual powers" granted to agencies under Public Law 85-804, excluding those already addressed in FAR 50.103 and the authority to make advance payments (which is covered in FAR Subpart 32.4). These residual powers allow agencies to take extraordinary contractual actions in the interest of national defense, such as amending contracts or providing relief not otherwise authorized by law. The section serves as a gateway to more detailed provisions on standards for use, general procedures, special procedures for hazardous or nuclear risks, and required contract clauses, as referenced in its subsections. Contractors and contracting officers should be aware that these powers are only invoked under exceptional circumstances and are subject to strict standards and oversight.
This section prescribes standards and procedures for exercising residual powers under Pub. L. 85-804. The term "residual powers" includes all authority under Pub. L. 85-804 except-
(a) That covered by section 50.103; and
(b) The authority to make advance payments (see subpart 32.4).