FAR 1.202—Agency compliance with the FAR.
Plain-English Summary
FAR 1.202 is a short but important allocation-of-responsibility provision. It identifies which senior executive officials are responsible for ensuring agency compliance with the Federal Acquisition Regulation, and it ties that responsibility back to FAR 1.304, which governs the FAR’s authority and applicability. In practical terms, this section does not create detailed contracting procedures; instead, it establishes who at the top of the executive branch is accountable for making sure the FAR is followed within different parts of the Government. The section covers three categories of agencies: the military departments and defense agencies, civilian agencies other than NASA, and NASA activities. Its purpose is to make clear that compliance oversight is centralized at the highest agency level, which helps ensure consistent acquisition policy, accountability, and enforcement across the federal procurement system.
Key Rules
Defense compliance authority
The Secretary of Defense is responsible for FAR compliance for the military departments and defense agencies. This means DoD-wide oversight of adherence to the FAR rests with the Department’s top leadership, not with individual contracting offices alone.
Civilian agency authority
The Administrator of General Services is responsible for FAR compliance for civilian agencies other than NASA. This places governmentwide civilian acquisition oversight under GSA leadership for agencies outside the defense and NASA structures.
NASA compliance authority
The Administrator of NASA is responsible for FAR compliance for NASA activities. NASA is treated separately from other civilian agencies, so its FAR compliance accountability is assigned directly to NASA’s Administrator.
Reference to FAR applicability
The section expressly points to FAR 1.304, which addresses the FAR’s authority and applicability. In context, this signals that compliance responsibility must be understood together with the FAR’s broader rules on what the regulation covers and how it applies.
Responsibilities
Secretary of Defense
Ensure compliance with the FAR within the military departments and defense agencies, including oversight of acquisition policy implementation and adherence to FAR requirements across DoD components.
Administrator of General Services
Ensure compliance with the FAR for civilian agencies other than NASA, providing top-level oversight for civilian executive agencies subject to the FAR.
Administrator of NASA
Ensure compliance with the FAR for NASA activities, maintaining agency-level accountability for following FAR requirements within NASA.
Practical Implications
This section is mainly about accountability, not day-to-day contract administration. Contracting officers and program staff still follow the FAR directly, but agency heads are the officials responsible for ensuring the system is compliant overall.
It helps clarify where policy oversight sits when questions arise about agency-wide FAR implementation. If an agency has inconsistent practices, the issue ultimately traces back to the responsible senior official for that agency category.
The section does not give contractors a separate right or procedure to invoke; instead, it tells them that FAR compliance is managed at the agency leadership level. Contractors should still rely on the applicable FAR clauses, agency supplements, and solicitation terms.
A common pitfall is assuming this section creates special rules for individual procurements. It does not; it is an organizational responsibility provision that supports the broader FAR framework.
Because the section cross-references FAR 1.304, users should read it as part of the FAR’s structure and authority provisions rather than as a standalone operational rule.
Official Regulatory Text
Agency compliance with the FAR (see 1.304 ) is the responsibility of the Secretary of Defense (for the military departments and defense agencies), the Administrator of General Services (for civilian agencies other than NASA), and the Administrator of NASA (for NASA activities).