FAR 50.104—Residual powers.
Plain-English Summary
FAR 50.104 defines what the Federal Acquisition Regulation means by “residual powers” under Public Law 85-804 and states that this section provides the standards and procedures for exercising those powers. In practical terms, it tells readers which extraordinary authorities remain available after excluding the authority covered by FAR 50.103 and the separate authority to make advance payments under FAR subpart 32.4. The section is important because Public Law 85-804 gives the Government limited emergency-type powers to address unusual contractual situations, but those powers are not unlimited and must be used only within the boundaries set by the FAR. By identifying the scope of residual powers, the rule helps contracting personnel determine when they are dealing with a special statutory authority rather than ordinary procurement authority. It also prevents confusion between residual powers, the specific authority addressed in FAR 50.103, and advance payment authority under the payment regulations. In practice, this section is a gateway provision: it does not itself authorize a particular action, but it frames which actions fall within the residual authority framework and therefore require the procedures and standards that follow in Part 50.
Key Rules
Residual powers are defined narrowly
“Residual powers” means all authority under Public Law 85-804 except the authority covered by FAR 50.103 and the authority to make advance payments under FAR subpart 32.4. This means the term is a residual category, not a blanket grant of all extraordinary powers.
Part 50 procedures apply here
This section states that standards and procedures for exercising residual powers are prescribed in this section. Users must therefore look to the rest of FAR Part 50 for the governing process, approvals, and limitations.
FAR 50.103 is excluded
Any authority specifically addressed in FAR 50.103 is not part of residual powers. Contracting personnel must separate that authority from the broader residual-power framework to avoid using the wrong procedural path.
Advance payments are excluded
The authority to make advance payments is expressly excluded and is governed by FAR subpart 32.4 instead. Even if advance payments arise in a Public Law 85-804 context, they are handled under the payment rules, not as residual powers.
Public Law 85-804 is the source
The section ties residual powers to Public Law 85-804, so the authority exists only because of that statute. Users should treat the FAR provision as implementing and limiting statutory authority, not creating new authority on its own.
Responsibilities
Contracting Officer
Identify whether a proposed action falls within residual powers under Public Law 85-804, and distinguish it from authority covered by FAR 50.103 or advance payments under FAR subpart 32.4. The contracting officer must follow the standards and procedures in FAR Part 50 before taking action.
Agency
Ensure that personnel understand the limited scope of residual powers and apply the correct regulatory framework. The agency must route matters to the proper authority and avoid using residual powers where another FAR provision controls.
Contractor
Recognize that extraordinary relief or special action under Public Law 85-804 is not automatic and depends on the Government’s limited residual authority. The contractor should present requests in the proper regulatory context and not assume advance payments or other relief are available under this section.
Legal/Policy Advisors
Help determine whether a matter belongs under residual powers, FAR 50.103, or subpart 32.4, and confirm that the contemplated action is legally supportable. They should ensure the agency applies the correct statutory and regulatory basis.
Practical Implications
This section is mainly a scope-and-organization provision, but it matters because it tells you where to look for the rules governing extraordinary authority under Public Law 85-804.
A common pitfall is treating all special relief under Public Law 85-804 as one bucket; FAR 50.104 makes clear that some authority is carved out and handled elsewhere.
Another risk is confusing residual powers with advance payments. If the issue is an advance payment, the controlling rules are in FAR subpart 32.4, not Part 50.
Contracting officers should use this section as a screening step before taking action: first identify the authority, then apply the correct procedures and approvals.
For contractors, the practical takeaway is that requests for special treatment must be framed under the correct authority, or they may be delayed, denied, or sent to the wrong office.
Official Regulatory Text
This section prescribes standards and procedures for exercising residual powers under Pub. L. 85-804. The term "residual powers" includes all authority under Pub. L. 85-804 except- (a) That covered by section 50.103 ; and (b) The authority to make advance payments (see subpart 32.4 ).