FAR 40.202-2—Applicability.
Plain-English Summary
FAR 40.202-2 is an applicability provision that tells contracting personnel and contractors how broadly Section 40.202 reaches. It makes clear that the section applies to all acquisitions, including purchases at or below the micro-purchase threshold and acquisitions for commercial products and commercial services. In practical terms, this means the requirements or procedures in Section 40.202 are not limited to larger, noncommercial, or formally competed buys; they also apply to very small purchases and to streamlined commercial-item acquisitions. The purpose is to prevent anyone from assuming that a special rule only applies in certain acquisition types when the regulation intends universal coverage. For contracting officers, this is a reminder to check Section 40.202 whenever conducting any acquisition action. For contractors, it signals that the section’s requirements may affect even routine commercial transactions and small-dollar awards.
Key Rules
Applies to all acquisitions
Section 40.202 is not limited by dollar value, acquisition method, or product/service type. If the acquisition falls under the FAR, this section applies unless another rule specifically says otherwise.
Includes micro-purchases
Even acquisitions at or below the micro-purchase threshold are covered. Small-dollar buys are not exempt from the section’s requirements simply because they are low value.
Includes commercial products
The section applies to acquisitions for commercial products. Contracting officers must apply the section’s requirements even when buying items available in the commercial marketplace.
Includes commercial services
The section also applies to acquisitions for commercial services. Streamlined commercial-service procedures do not remove the need to follow this section.
Responsibilities
Contracting Officer
Apply Section 40.202 to every acquisition action, including micro-purchases and commercial-item buys, and ensure any related requirements are considered during planning, solicitation, award, and administration.
Agency
Train acquisition personnel and implement internal procedures so Section 40.202 is treated as universally applicable across acquisition types and dollar thresholds.
Contractor
Recognize that Section 40.202 may affect contract performance or compliance obligations even on small or commercial awards, and review solicitation and contract terms accordingly.
Practical Implications
Do not assume a small purchase is exempt; micro-purchases are expressly included.
Commercial-item acquisitions still require compliance with Section 40.202, so streamlined procedures do not mean no applicability.
Contracting officers should check this section early in acquisition planning to avoid missing a requirement that applies across all buys.
Contractors should review even routine commercial solicitations carefully, because universal applicability can create obligations that are easy to overlook.
A common pitfall is treating applicability language as optional or advisory; here, it is a clear coverage statement that should guide every acquisition action.
Official Regulatory Text
Section 40.202 applies to all acquisitions, including contracts at or below the micro-purchase threshold and to contracts for commercial products or for commercial services.