FAR 17.702—Applicability.
Plain-English Summary
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.
Key Rules
Applies to nondefense buys for DoD
The subpart applies when a nondefense agency conducts an acquisition on behalf of DoD. If the acquisition is being made for DoD by an agency outside DoD, the requirements in this subpart are triggered.
Intelligence community exception
The subpart does not apply to contracts entered into by a nondefense agency that is an element of the intelligence community when the contract is for a joint program conducted to meet the needs of both DoD and that nondefense agency. This is a narrow exception tied to both the agency status and the joint-program purpose.
Threshold applicability rule
This section is not a procedural step in the acquisition itself; it is a gatekeeping rule that determines whether the rest of the subpart governs the transaction. Contracting officials must make this determination before applying the subpart’s requirements.
Agency relationship matters
Applicability turns on which agency is making the acquisition and on whose behalf it is being made. The identity of the buying agency and the beneficiary agency are both essential to the analysis.
Responsibilities
Nondefense Agency Contracting Officer
Determine whether the acquisition is being made on behalf of DoD and, if so, apply this subpart unless the intelligence-community joint-program exception clearly applies. The contracting officer must verify the agency relationship and document the applicability decision.
DoD Requiring Activity
Identify when DoD is using a nondefense agency to conduct an acquisition and communicate that the procurement is being made on DoD’s behalf. DoD should ensure the buying arrangement is properly structured so the correct rules are applied.
Nondefense Agency (including Intelligence Community Elements)
Assess whether the agency falls within the intelligence-community exception and whether the contract is for a joint program meeting both DoD and agency needs. The agency must ensure the exception is not applied beyond its narrow scope.
Contractor/Offeror
Understand that the governing acquisition framework may depend on whether the procurement is a nondefense agency action on behalf of DoD or falls within the intelligence-community exception. Contractors should review solicitation terms and agency instructions rather than assume the usual agency rules apply.
Practical Implications
This section is a jurisdictional checkpoint: before using the subpart, the acquisition team must confirm whether the buy is a nondefense agency action on behalf of DoD.
A common pitfall is assuming that any interagency acquisition involving DoD automatically falls under this subpart; the intelligence-community joint-program exception can remove certain contracts from coverage.
Another risk is failing to document who the acquisition is for and why the subpart does or does not apply, which can create compliance and audit issues later.
Contractors should pay close attention to the solicitation and ordering agency because the applicable rules may differ depending on whether the procurement is treated as a DoD-on-behalf-of acquisition.
For contracting officers, the practical takeaway is to resolve applicability early, because it affects the acquisition strategy, oversight expectations, and which procedural requirements must be followed.
Official Regulatory Text
This subpart applies to all acquisitions made by nondefense agencies on behalf of DoD. It does not apply to contracts entered into by a nondefense agency that is an element of the intelligence community for the performance of a joint program conducted to meet the needs of DoD and the nondefense agency.