FAR 26.502—Authority.
Plain-English Summary
FAR 26.502 explains the legal authority for the drug-free workplace requirements in federal contracting. It ties the FAR subpart to 41 U.S.C. chapter 81, which is the statutory basis for requiring contractors to maintain drug-free workplaces and for the government to enforce those requirements through contract clauses and related procedures. In practical terms, this section tells readers where the government’s power comes from to require contractor compliance, and it frames the rest of the subpart’s rules on workplace policies, employee awareness, and consequences for violations. Although the text is brief, it is important because it establishes that the drug-free workplace requirements are not optional policy preferences; they are grounded in federal law and therefore can be incorporated into contracts and enforced as a condition of doing business with the Government. For contractors, this means compliance obligations arise from statute-backed contract requirements, not just internal company policy. For contracting officers and agencies, it confirms that the FAR provisions in this area have a clear legal foundation.
Key Rules
Statutory authority exists
This section states that the drug-free workplace requirements are authorized by 41 U.S.C. chapter 81. That means the FAR subpart is implementing a specific federal statute rather than creating a standalone regulatory preference.
Applies to federal contracting
The authority supports use of drug-free workplace requirements in federal procurement. In practice, this allows the Government to include the applicable contract clauses and require contractor compliance as part of award and performance.
Foundation for enforcement
Because the requirements are grounded in statute, agencies may enforce them through contract administration and remedies available under the contract and applicable law. The section serves as the legal basis for the compliance framework that follows in the subpart.
Responsibilities
Agency
Use the statutory authority in 41 U.S.C. chapter 81 as the basis for implementing drug-free workplace requirements in procurement policy and contract clauses.
Contracting Officer
Rely on this authority when including and administering the applicable drug-free workplace requirements in solicitations and contracts.
Contractor
Recognize that drug-free workplace obligations imposed in the contract are backed by federal statute and must be treated as mandatory compliance requirements.
Practical Implications
This section is short, but it matters because it confirms the legal source of the drug-free workplace rules that contractors must follow.
Contractors should not treat these requirements as optional internal policy language; they are statutory compliance obligations when incorporated into a contract.
Contracting officers should use this authority to support inclusion and enforcement of the applicable clauses without needing separate justification for the basic requirement.
A common pitfall is overlooking that the rest of the subpart depends on this statutory foundation; if a contractor disputes the requirement, the answer is that the authority comes from federal law.
In day-to-day administration, this section is mainly a legal anchor: it does not prescribe procedures itself, but it explains why the procedures and clauses in the subpart are enforceable.
Official Regulatory Text
41 U.S.C. chapter 81 , Drug-Free Workplace.