Overview
This section establishes that FAR Part 27 applies to all executive agencies while providing a framework for agencies to implement alternative procedures when necessitated by specific legal mandates or international obligations.
Key Rules
- Universal Scope: FAR Part 27 is the default standard for all federal agencies regarding patents, data, and copyrights.
- Authorization for Alternatives: Agencies are permitted to deviate from standard FAR policies, procedures, and clauses if they are required to meet the specific demands of laws, executive orders, treaties, or international agreements.
- Transparency Requirement: Any agency that adopts alternative provisions or policies must formally publish them within their specific agency supplemental regulations (e.g., DFARS for the Department of Defense).
Practical Implications
- Check Agency Supplements: Contractors should not assume standard FAR IP clauses apply to every deal; they must review agency-specific supplements (like the DEAR for Energy or DFARS for Defense), as these agencies frequently exercise the "alternative policy" authority.
- Legal Precedence: International agreements or specific statutes can override standard FAR language, requiring contracting officers to customize solicitations to remain compliant with higher-level legal obligations.