FAR 1.103—Authority.
Plain-English Summary
FAR 1.103 explains the legal authority behind the Federal Acquisition Regulation System and identifies who has the power to develop, issue, maintain, and prescribe it. It ties the FAR System to the statutory framework in 41 U.S.C. chapter 13, which establishes the Acquisition Councils, and confirms that the FAR is not a single-agency rulebook but a jointly managed governmentwide regulation. In practice, this section tells readers where the FAR’s authority comes from and why the regulation has binding force across executive agencies. It also makes clear that the Department of Defense, the General Services Administration, and NASA share responsibility for the FAR under their respective statutory authorities. For contracting officers, contractors, and acquisition personnel, this section matters because it establishes the legitimacy of the FAR as the controlling baseline for federal procurement policy and helps explain why changes to the FAR are coordinated through a formal interagency process.
Key Rules
FAR grounded in statute
The FAR System must be developed in accordance with 41 U.S.C. chapter 13, which provides the statutory basis for the Acquisition Councils. This means the FAR’s structure and development process are not optional or ad hoc; they are tied to congressional authority.
Joint issuance authority
The FAR is prepared, issued, maintained, and prescribed jointly by the Secretary of Defense, the Administrator of General Services, and the Administrator of NASA. No single one of these officials acts alone in establishing the FAR System.
Several statutory authorities
Each of the three named officials acts under their own statutory authority when carrying out FAR responsibilities. The section recognizes that the FAR is administered through shared authority rather than a single centralized source.
Governmentwide regulatory framework
This section confirms that the FAR System is a coordinated governmentwide acquisition regulation, not merely an internal policy manual for one department. Its authority supports uniform procurement rules across executive agencies.
Responsibilities
Secretary of Defense
Participate jointly in preparing, issuing, maintaining, and prescribing the FAR System under the Secretary’s statutory authority.
Administrator of General Services
Participate jointly in preparing, issuing, maintaining, and prescribing the FAR System under the Administrator’s statutory authority.
Administrator, National Aeronautics and Space Administration
Participate jointly in preparing, issuing, maintaining, and prescribing the FAR System under the Administrator’s statutory authority.
Acquisition Councils
Operate within the framework established by 41 U.S.C. chapter 13 to support development of the FAR System.
Federal acquisition community
Apply the FAR as the authoritative governmentwide procurement regulation and recognize that changes to it come through the joint statutory process described in this section.
Practical Implications
Contracting personnel should treat the FAR as a legally grounded, governmentwide rule set, not as optional guidance.
When researching why a FAR provision exists or how it was developed, this section points you to the statutory and interagency authority behind it.
A common pitfall is assuming one agency owns the FAR; in reality, the FAR is jointly managed by DoD, GSA, and NASA.
Because the FAR is issued under shared authority, changes typically reflect coordination and consensus across the acquisition councils and the three issuing officials.
For contractors, this section reinforces that FAR requirements have broad applicability and are not merely agency-specific preferences unless a deviation or agency supplement says otherwise.
Official Regulatory Text
(a) The development of the FAR System is in accordance with the requirements of 41 U.S.C. chapter 13 , Acquisition Councils. (b) The FAR is prepared, issued, and maintained, and the FAR System is prescribed jointly by the Secretary of Defense, the Administrator of General Services, and the Administrator, National Aeronautics and Space Administration, under their several statutory authorities.