FAR 53.109—Forms prescribed by other regulations.
Plain-English Summary
FAR 53.109 explains how to identify and use forms in FAR subpart 53.2 that are actually prescribed by other regulations rather than by the FAR itself. Its main topic is the parenthetical notation placed after a form number to show the prescribing agency, such as SF 1165 (GAO), which tells users where the form’s controlling instructions come from. This section exists to prevent confusion about authority, because a form may be listed in the FAR for acquisition use even though another agency owns the prescription and may control the form’s content, instructions, or revisions. In practice, this means contracting personnel must look beyond the FAR citation and confirm the correct external regulation before using, completing, or interpreting the form. The section is short, but it is important because it helps ensure the right form is used, the right agency’s rules are followed, and outdated or incorrect versions are not substituted. It also supports consistency across the acquisition system by clearly signaling when a form is governed by another regulator.
Key Rules
Other regulations may prescribe forms
Some forms referenced in FAR subpart 53.2 are not prescribed by the FAR itself. Instead, another regulation or agency is the source of authority for the form.
FAR identifies the prescribing agency
When a form is prescribed elsewhere, the FAR shows that fact with a parenthetical notation after the form number. This notation tells users which agency’s rules govern the form.
Parenthetical notation is mandatory for identification
The agency name in parentheses is the signal that the form is externally prescribed. Users should rely on that notation to determine where to find the controlling instructions and requirements.
Example illustrates the rule
SF 1165 is identified as SF 1165 (GAO), showing that the Government Accountability Office is the prescribing agency. The example demonstrates how to read the notation and trace the form back to its source.
Responsibilities
Contracting Officer
Identify whether a form in FAR subpart 53.2 is prescribed by another regulation, use the parenthetical agency notation to locate the controlling authority, and ensure the correct form and instructions are applied in the acquisition.
Contractor
Use the form as directed by the contracting activity and, when relevant, recognize that the form’s requirements may come from another agency’s regulation rather than the FAR alone.
Agency/Prescribing Agency
Maintain the form’s governing requirements, issue or update the form as applicable, and provide the controlling instructions that users must follow.
Acquisition Personnel
Check the form number and parenthetical notation before completing or processing the form, and verify that the current version and governing regulation are being used.
Practical Implications
The key day-to-day takeaway is that a form listed in the FAR may still be controlled by another agency’s rules, so users should not assume the FAR text is the only authority.
A common pitfall is overlooking the parenthetical agency notation and using the wrong instructions, which can lead to rejected paperwork, processing delays, or compliance errors.
Another risk is using an outdated version of a form when the prescribing agency has updated it; the notation helps users know where to confirm the current version.
Contracting offices should train staff to read form citations carefully and verify the external source whenever a form is marked with an agency in parentheses.
For contractors, the practical effect is simple but important: follow the form exactly as directed and ask for clarification if the form appears to be governed by a different agency’s regulation.
Official Regulatory Text
Certain forms referred to in subpart 53.2 are prescribed in other regulations and are specified by the FAR for use in acquisition. For each of these forms, the prescribing agency is identified by means of a parenthetical notation after the form number. For example, SF 1165 , which is prescribed by the Government Accountability Office (GAO), is identified as SF 1165 (GAO).