FAR 50.100—Definitions.
Plain-English Summary
FAR 50.100 is a short definitions section for FAR Part 50, which governs extraordinary contractual relief under Public Law 85-804 and Executive Order 10789. It defines two terms used throughout the part: "approving authority" and "Secretarial level." In practice, these definitions determine who has the authority to approve contract adjustment actions and what organizational level is required for certain approvals. The section matters because Part 50 relief is an exceptional remedy, so the government must ensure that only properly authorized officials or boards act on requests. Contractors and contracting personnel should read these definitions as a threshold authority check before relying on any Part 50 action.
Key Rules
Approving authority defined
"Approving authority" means either an agency official or a contract adjustment board that is authorized to approve actions under Public Law 85-804 and Executive Order 10789. This definition limits approval power to those specifically empowered under the extraordinary relief framework.
Secretarial level defined
"Secretarial level" means a level at or above the level of a deputy assistant agency head, or a contract adjustment board. This establishes the minimum seniority level required for certain approvals or actions under Part 50.
Authority must be proper
The definitions tie approval authority to formal delegation or organizational status, not merely to job title or involvement in the matter. Any action under Part 50 must be approved by someone or some board that fits these defined categories.
Responsibilities
Agency officials
Ensure they have been properly authorized before approving any action under Public Law 85-804 and E.O. 10789, and confirm whether the action requires Secretarial-level consideration.
Contract adjustment boards
Act only within the authority granted to them for Part 50 actions and serve as an approved decision-making body where the regulation permits board approval.
Contracting officers and acquisition staff
Verify that requests for extraordinary relief are routed to the correct approving authority and that any required Secretarial-level approval is obtained before action is taken.
Contractors
Understand that Part 50 relief is not approved by ordinary contract administration channels and that any requested relief must be considered by the proper authorized official or board.
Practical Implications
This section is mainly an authority-check provision: before any extraordinary relief action moves forward, the government must confirm the approver fits the regulatory definition.
A common pitfall is assuming a senior manager can approve relief simply because of position; the person or board must be specifically authorized under Part 50.
Another risk is misrouting actions that require Secretarial-level review, which can delay or invalidate the approval process.
Contractors should not treat discussions with program or contracting personnel as approval; only the defined approving authority can grant Part 50 relief.
Because the section is brief, its importance is easy to overlook, but it controls who can legally act on exceptional contract adjustment requests.
Official Regulatory Text
As used in this part- Approving authority means an agency official or contract adjustment board authorized to approve actions under Pub. L. 85-804 and E.O. 10789. Secretarial level means a level at or above the level of a deputy assistant agency head, or a contract adjustment board.