FAR 17.7—Subpart 17.7

Scope of subpart.

FAR 17.700 is the scope statement for FAR Subpart 17.7, which governs acquisitions of supplies and services by nondefense agencies when they are acting on behalf of the Department of Defense (DoD). It makes clear that compliance with this subpart is not a substitute for the broader interagency acquisition rules in FAR Subpart 17.5; instead, the two sets of requirements apply together. The section also identifies the legal authority behind the subpart, stating that it implements Pub. L. 110-181, section 801, as amended, codified at 10 U.S.C. 3201 note prec. In practical terms, this means contracting personnel must recognize when a non-DoD agency is buying for DoD and then apply both the general interagency acquisition framework and the DoD-specific policies and procedures in this subpart. The purpose is to ensure proper oversight, alignment with DoD requirements, and lawful use of interagency acquisition vehicles when DoD is the benefiting agency.

Definitions.

FAR 17.701 is a definitions section for Subpart 17.7, so it does not impose procedures by itself; instead, it establishes the meaning of key terms used elsewhere in the subpart. It defines who counts as a "DoD acquisition official," including DoD contracting officers and other DoD officials authorized to approve a direct acquisition or assisted acquisition on behalf of DoD. It also defines "nondefense agency" as any Federal department or agency other than the Department of Defense. In addition, it narrows and identifies the special category of a "nondefense agency that is an element of the intelligence community" by cross-referencing 50 U.S.C. 3003(4) and listing the covered intelligence organizations, including ODNI, CIA, intelligence elements of FBI, DOE, and DEA, the State Department’s Bureau of Intelligence and Research, Treasury’s Office of Intelligence and Analysis, DHS’s Office of Intelligence and Analysis and Coast Guard Office of Intelligence, and any other elements designated by the President or jointly by the DNI and the department or agency head. Practically, this section matters because it determines which officials and which agencies are covered by the rules in the subpart, especially when DoD is dealing with interagency acquisitions, assisted acquisitions, or intelligence-community partners.

Applicability.

FAR 17.702 explains when the rules in this subpart apply to interagency acquisitions involving the Department of Defense (DoD). It covers two core topics: first, that the subpart applies to acquisitions made by nondefense agencies on behalf of DoD; and second, that there is a specific exception for contracts entered into by a nondefense agency that is part of the intelligence community when the contract is for a joint program serving both DoD and that nondefense agency. In practice, this section is a threshold applicability rule: it tells contracting personnel whether the rest of the subpart’s requirements must be followed before proceeding with an acquisition. Its purpose is to ensure the correct acquisition framework is used when one agency buys for another, while recognizing a narrow carve-out for certain intelligence-community joint programs. For contractors, the section matters because it affects which agency’s procedures, oversight, and acquisition rules will govern the procurement.

Policy.

FAR 17.703 sets the policy for DoD use of nondefense agencies to conduct acquisitions on DoD’s behalf when the value is above the simplified acquisition threshold. It explains when a DoD acquisition official may request another agency to buy supplies or services, what it means for a nondefense agency to be considered compliant with applicable procurement requirements, and how annual certifications of compliance must be submitted. The section also requires DoD to give the servicing agency any DoD-unique terms, conditions, statutes, regulations, directives, and other requirements that must be included in the order or contract, and it assigns responsibility to the nondefense agency contracting officer to ensure the support provided meets the compliance standard. It further creates a waiver process that allows DoD to use a nondefense agency even when the normal limitation would otherwise apply, but only when the Under Secretary of Defense for Acquisition and Sustainment makes a written determination that the arrangement is in DoD’s interest and identifies the acquisition categories covered. In practice, this section is about interagency acquisition governance: it protects DoD’s interests, ensures the servicing agency can lawfully and properly execute the procurement, and creates a paper trail for compliance, accountability, and oversight.