FAR 27.101—Applicability.
Plain-English Summary
FAR 27.101 explains the scope of FAR Part 27 and how agencies may tailor it. It states that the part applies to all agencies, so the baseline intellectual property and related acquisition policies in Part 27 are governmentwide unless an exception applies. It also recognizes that agencies may adopt alternative policies, procedures, solicitation provisions, and contract clauses when needed to satisfy specific requirements in laws, executive orders, treaties, or international agreements. Finally, it encourages agencies that create such alternatives to publish them in their agency regulations, which promotes transparency, consistency, and easier compliance for contracting officers and contractors. In practice, this section tells users when Part 27 is the default rule, when agency-specific deviations may exist, and where to look for those deviations before drafting or reviewing a solicitation or contract.
Key Rules
Part 27 applies governmentwide
FAR Part 27 is the default framework for all agencies. Contracting personnel should assume these rules apply unless a valid agency-specific alternative has been adopted under the authority described in this section.
Agency alternatives are allowed
Agencies may adopt different policies, procedures, solicitation provisions, and contract clauses when necessary to meet specific legal or international obligations. This authority is limited to situations where the alternative is needed to comply with laws, executive orders, treaties, or international agreements.
Alternatives must be justified by need
An agency cannot create a different rule simply for convenience or preference. The alternative must be tied to a specific external requirement, such as a statute or treaty obligation, that makes the standard FAR approach insufficient.
Publish agency regulations
If an agency adopts alternative policies or clauses, it should include them in its published regulations. This helps ensure the rules are accessible, consistent, and available to contracting officers, offerors, and contractors.
Check agency supplements first
Because agencies may have approved alternatives, users must review the applicable agency acquisition regulations and supplements in addition to the FAR. The agency supplement may contain the controlling clause language or procedures for a particular procurement.
Responsibilities
Contracting Officer
Apply FAR Part 27 as the default rule, but verify whether the agency has published any alternative policies, procedures, solicitation provisions, or contract clauses that must be used for the acquisition.
Agency
Adopt alternative policies or clauses only when necessary to satisfy specific legal, executive, treaty, or international agreement requirements, and publish those alternatives in the agency’s regulations.
Contractor
Review both the FAR and the relevant agency regulations to identify any agency-specific intellectual property or related contract requirements that may differ from the standard FAR text.
Policy/Regulatory Office
Maintain and publish agency acquisition regulations and supplements so that any approved alternatives are clearly available and consistently applied.
Practical Implications
Do not assume the FAR text is the only source of rules; agency supplements may change the required clause or procedure.
When a solicitation includes an unusual clause or policy, check whether it is supported by an agency regulation and tied to a specific legal or international requirement.
Failure to use the correct agency-specific clause can create compliance problems, protest risk, or contract administration disputes.
Contractors should compare proposed IP-related terms against both the FAR and the agency supplement before submitting an offer or signing a contract.
Contracting officers should document the basis for any alternative policy and ensure the solicitation and contract use the correct published language.
Official Regulatory Text
This part applies to all agencies. However, agencies are authorized to adopt alternative policies, procedures, solicitation provisions, and contract clauses to the extent necessary to meet the specific requirements of laws, executive orders, treaties, or international agreements. Any agency adopting alternative policies, procedures, solicitation provisions, and contract clauses should include them in the agency’s published regulations.