FAR 3.201—Applicability.
Plain-English Summary
FAR 3.201 tells readers who must follow the rules in this subpart. In general, the subpart applies to all executive agencies, which means its requirements are government-wide for executive branch procurement unless a specific exception applies. The one express limitation in this section is that the coverage dealing with exemplary damages applies only to the Department of Defense, as directed by 10 U.S.C. 4651. In practical terms, this section is a scope provision: it does not create substantive ethics, procurement integrity, or damages rules by itself, but it tells agencies and contractors where the subpart’s requirements are in force and where they are not. That matters because users must first determine whether the agency involved is an executive agency and, if the issue involves exemplary damages, whether the Department of Defense is the only covered agency. This section helps prevent misapplication of the subpart to agencies or situations outside its intended reach.
Key Rules
Applies to executive agencies
The subpart’s coverage is government-wide for executive agencies. If the contracting activity is part of an executive agency, the subpart applies unless another provision specifically limits or excludes a particular requirement.
Exemplary damages limited to DoD
The rule on exemplary damages applies only to the Department of Defense. Other executive agencies are not covered by that specific portion of the subpart.
Scope provision only
This section is an applicability clause, not an operational requirement. It tells users where the subpart applies, but the actual duties and prohibitions come from the other sections within the subpart.
Responsibilities
Executive Agencies
Apply the subpart’s requirements in their procurement activities, except where the section or another authority limits coverage.
Department of Defense
Follow the exemplary-damages coverage because that portion of the subpart applies specifically to DoD under 10 U.S.C. 4651.
Contracting Officers
Determine whether the agency and issue fall within the subpart’s scope before applying its requirements, especially when exemplary damages are involved.
Contractors
Recognize that the subpart may apply across executive agencies and understand that DoD-specific exemplary-damages coverage does not automatically extend to other agencies.
Practical Implications
Before relying on this subpart, confirm the agency is an executive agency; applicability is not universal across the entire federal government.
If the issue involves exemplary damages, check whether the procurement is within the Department of Defense, because that coverage is expressly limited to DoD.
Contracting officers should avoid citing or enforcing the exemplary-damages coverage outside DoD, since doing so would exceed the stated scope.
Contractors working with multiple agencies should not assume a rule that applies in one executive agency applies identically everywhere, especially for DoD-specific matters.
This section is easy to overlook because it is short, but it is important for correctly identifying which agency actions are governed by the subpart and which are not.
Official Regulatory Text
This subpart applies to all executive agencies, except that coverage concerning exemplary damages applies only to the Department of Defense ( 10 U.S.C. 4651 ).