samsearch
    Platform
    01InfluenceShape the requirement before it's on your competitor's radar.
    Signal
    Recompete window opens in 42 days
    Facilities maintenance IDIQ$8.4M
    Forecast
    Agency spend up 18% next FY
    DoD facilitiesQ3 window
    02CaptureFind and qualify the work across every market.
    Federal91%
    Network engineering support — GSA MAS
    GSA541512
    SLED88%
    Custodial services — Fairfax County Public Schools
    K-12561720
    DIBBS79%
    Aircraft hydraulic fitting — DLA Aviation
    DLANSN 5330
    03AnalyzeExtract requirements and build the compliance matrix.
    Compliance matrix
    L.2.1Technical approachVol I
    L.3.4Staffing planVol I
    M.1Past performanceEvaluated
    SOW breakdown
    Requirements extracted38
    Mapped to Section L/M38
    Every extractionCited
    Ask Sammy
    “Do we meet the small business set-aside?”
    04ManageRun the pursuit through to award.
    Pipeline
    QualifyFacilities support · USACE
    CaptureComms upgrade · DLA
    ProposalShipyard dredging · NAVSEA
    PriyaAlex
    This week
    Submit past performance refsThu
    Confirm subK teamingFri
    Upload SF 33Mon
    05RespondDraft and submit your response.
    Drafting · Volume I
    247 words
    RFI response
    CompanyAcme Robotics LLC
    UEIJK4M8…
    Capability narrativeDrafted
    06FinanceGet paid faster on what you win.
    Capital available
    $2.4M against your award
    Facilities maintenance IDIQAwarded
    Partner matched
    LenderFederal Capital Partners
    Draw available$2.4M
    UnderwritingCleared
    The platform
    Influence
    Capture
    Analyze
    Manage
    Respond
    Finance
    One pipeline, six stages, start to award.
    See the whole platform
    Solutions
    By industry
    Tech & softwareSoftware and SaaS companies entering GovCon.Defense contractorsPrimes and subs in the defense industrial base.ConstructionBuilders bidding federal, state, and local work.CybersecuritySecurity vendors pursuing federal mandates.
    By team
    Capture managers & BDPipeline, qualification, and win strategy.Proposal teamsCompliance matrices and proposal drafting.Subcontractors & primesTeaming, subcontracting, and partner fit.
    By company size
    Small businessesSet-aside and small business contractors.EnterpriseLarge contractors running multiple pursuits.ConsultantsAdvisors and capture consultants.
    Browse all industries
    CustomersPricing
    ResourcesNew
    Learn
    AcademyCourses, guides, and playbooks.WebinarsLive sessions and recordings.DocsProduct documentation and setup guides.Implementation planOperational rollout guidance.
    Tools & data
    Free GovCon toolsCalculators, lookups, and more.Gov ExploreContracts, agencies, and NAICS codes.GovCon eventsConferences, training, and set-aside events.
    Latest blogIntroducing the New SamSearch: The Operating System for Government ContractingSamSearch has a new brand, a new site, and a new way of explaining what the platform actually does — the operating system for government contracting, organized around six stages instead of a single search box. Here's what changed and why.Read the post →
    All resources and tools
    Sign inRequest a demo
    Home/FAR Navigator/50/50.1/50.104

    FAR Navigator

    • 1Federal Acquisition Regulations System
    • 2Definitions of Words and Terms
    • 3Improper Business Practices and Personal Conflicts of Interest
    • 4Administrative and Information Matters
    • 5Publicizing Contract Actions
    • 6Competition Requirements
    • 7Acquisition Planning
    • 8Required Sources of Supplies and Services
    • 9Contractor Qualifications
    • 10Market Research
    • 11Describing Agency Needs
    • 12Acquisition of Commercial Products and Commercial Services
    • 13Simplified Acquisition Procedures
    • 14Sealed Bidding
    • 15Contracting by Negotiation
    • 16Types of Contracts
    • 17Special Contracting Methods
    • 18Emergency Acquisitions
    • 19Small Business Programs
    • 22Application of Labor Laws to Government Acquisitions
    • 23Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
    • 24Protection of Privacy and Freedom of Information
    • 25Foreign Acquisition
    • 26Other Socioeconomic Programs
    • 27Patents, Data, and Copyrights
    • 28Bonds and Insurance
    • 29Taxes
    • 30Cost Accounting Standards Administration
    • 31Contract Cost Principles and Procedures
    • 32Contract Financing
    • 33Protests, Disputes, and Appeals
    • 34Major System Acquisition
    • 35Research and Development Contracting
    • 36Construction and Architect-Engineer Contracts
    • 37Service Contracting
    • 38Federal Supply Schedule Contracting
    • 39Acquisition of Information Technology
    • 40Reserved
    • 41Acquisition of Utility Services
    • 42Contract Administration and Audit Services
    • 43Contract Modifications
    • 44Subcontracting Policies and Procedures
    • 45Government Property
    • 46Quality Assurance
    • 47Transportation
    • 48Value Engineering
    • 49Termination of Contracts
    • 50Extraordinary Contractual Actions and the Safety Act
      • 50.000Scope of part.
      • 50.1Subpart 50.1
        • 50.100Definitions.
        • 50.101General.
        • 50.102Delegation of and limitations on exercise of authority.
        • 50.103Contract adjustments.
        • 50.104Residual powers.
          • 50.104-1Standards for use.
          • 50.104-2General.
          • 50.104-3Special procedures for unusually hazardous or nuclear risks.
          • 50.104-4Contract clause.
      • 50.2Subpart 50.2
    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
    • 53Forms
    Up to 50.1
    SectionUpdated April 16, 2026

    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

    1

    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.

    2

    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.

    3

    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.

    4

    Contracting officers should use this section as a screening step before taking action: first identify the authority, then apply the correct procedures and approvals.

    5

    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 ).

    Back to 50.1FAR Navigator
    samsearch

    The Complete AI Platform for Government Contracting

    Platform
    • Product
    • Pricing
    • ROI calculator
    • Integrations
    • Changelog
    Solutions
    • Solutions
    • Customers
    • Comparisons
    • Market watch
    Resources
    • Blog
    • Free GovCon tools
    • Glossary
    • Docs
    Company
    • API & partnerships
    • Careers
    • Support
    • Compliance
    • Trust centre
    • Contact
    Recognised & verified
    SOC 2 Type II Compliant, SamSearchAWS Partner - Advanced, SamSearch on AWS MarketplaceGartner Peer Insights Customer First, SamSearch
    Ask AI about samsearch
    Ask ChatGPTAsk ClaudeAsk Perplexity
    Follow

    © 2026 samsearch. All rights reserved.

    Terms of usePrivacy policy