FAR 9.109-1—Authority.
Plain-English Summary
FAR 9.109-1 is a short authority provision that tells readers where the rule comes from and what legal basis supports it. It states that this section implements 22 U.S.C. 2593e, which means the FAR coverage in this area is grounded in statute rather than being a purely discretionary policy choice. In practical terms, the section signals that contracting officers and agencies must follow the requirements in the surrounding FAR subpart because they are tied to a specific congressional mandate. For contractors, the section matters because it indicates that any procedures, restrictions, or determinations in the related provisions are not optional internal guidance; they have statutory backing. Although this particular section does not itself impose detailed operational steps, it establishes the legal authority for the rules that follow and helps users understand the source and enforceability of the subpart.
Key Rules
Statutory basis identified
This section expressly states that it implements 22 U.S.C. 2593e. That means the FAR provisions in this area are issued under a specific statute and should be read as carrying the force of that statutory authority.
Authority for related requirements
The section serves as the authority statement for the surrounding subpart, confirming that the detailed requirements elsewhere in the subpart are grounded in law. Users should look to the related sections for the actual operational rules, but this provision explains why those rules exist.
No standalone procedures
FAR 9.109-1 does not itself prescribe a process, approval step, or evaluation standard. Its function is limited to identifying the legal source of the subpart, so compliance questions must be answered by reading the implementing provisions that follow.
Responsibilities
Agency
Treat the related subpart as implementing a statutory requirement and ensure internal procedures, solicitations, and contract actions comply with the authority granted by 22 U.S.C. 2593e.
Contracting Officer
Use this section as the legal basis for applying the related FAR requirements and rely on the operative provisions in the subpart when making decisions or documenting actions.
Contractor
Recognize that the surrounding requirements are backed by statute and review the operative sections of the subpart for any obligations, restrictions, or certifications that may apply.
Practical Implications
This section is mainly a legal signpost: it tells you the rule is statutory, not just policy guidance.
Contracting officers should not stop at this section; they must read the implementing provisions in the rest of the subpart to know what to do.
Contractors should treat the related requirements seriously because statutory authority usually means limited flexibility and less room for informal exceptions.
A common pitfall is assuming a short authority section has no practical effect; in reality, it confirms enforceability and frames how the rest of the subpart must be applied.
When researching compliance, always trace the authority statement back to the cited statute and then to the operative FAR text for the actual requirements.
Official Regulatory Text
This section implements 22 U.S.C. 2593e .