DFARS Part 201: Federal Acquisition Regulations System

In plain English

DFARS Part 201 establishes the purpose, applicability, and maintenance of the Defense Federal Acquisition Regulation Supplement (DFARS), which supplements the FAR for DoD acquisitions. It covers how the DFARS is issued, deviated from, and interpreted, and sets qualification and appointment requirements for contracting officers and related personnel. For contractors, it matters because it defines when and how DoD-specific rules apply, including peer reviews, deviations, and the use of contracting officer's representatives.

Key rules

• The DFARS applies to DoD purchases and contracts, including those supporting foreign military sales or NATO cooperative projects, regardless of the nature or source of funds. (201.104)
• A new certification requirement for contractors or offerors cannot be included in the DFARS unless specifically imposed by statute or approved in writing by the Secretary of Defense after justification. (201.107)
• Statutory acquisition-related dollar thresholds in the DFARS are adjusted for inflation and apply to contracts and subcontracts regardless of award date, except for certain wage, service contract, and trade agreement thresholds. (201.109)
• DPCAP conducts preaward peer reviews for competitive procurements under major defense acquisition programs with an estimated value of $1 billion or more, and may conduct them for lower-value acquisitions if requested or designated. (201.170)
• The DFARS is codified under chapter 2 of title 48, CFR, and its numbering generally mirrors the FAR, with supplemental numbering used only when necessary. (201.303)
• Individual deviations from the FAR or DFARS generally require approval under agency procedures, but contracting officers outside the United States may deviate from certain nonstatutory clauses when dealing with NATO or allied governments that refuse standard clauses. (201.403)
• A contracting officer's representative (COR) must be a U.S. Government, foreign government, or NATO/coalition partner employee; contractor personnel may never serve as CORs. (201.602-2)
• To qualify as a contracting officer with authority above the simplified acquisition threshold, a person must complete required courses, have at least 2 years of contracting experience, hold a baccalaureate degree, and meet any additional DoD requirements. (201.603-2)

Who does what

In practice

• When bidding on DoD contracts, be aware that DFARS Part 201 sets the framework for how DFARS rules are issued and applied, including the possibility of inflation-adjusted thresholds that affect contract requirements.
• If you are a contractor, you cannot be a contracting officer's representative, and you should not accept such a role.
• If you operate outside the United States, contracting officers may deviate from certain nonstatutory clauses when dealing with NATO or allied governments, which could affect the terms you see in solicitations.
• Peer reviews for large competitive procurements may add time to the acquisition process, so plan accordingly for major defense acquisitions.

Common pitfalls

• Assuming that all DFARS dollar thresholds are fixed; they are adjusted for inflation and apply regardless of when your contract was awarded.
• Believing that a contractor can serve as a contracting officer's representative; the regulation explicitly prohibits this.
• Overlooking that new certification requirements cannot be imposed on contractors unless specifically authorized by statute or approved by the Secretary of Defense.
• Thinking that individual deviations from the FAR or DFARS are freely allowed; they generally require approval under agency procedures, and class deviations have specific limitations.

Written by AI from this part's codified text (2026-10-04); cited sections are checked against the part. A guide, not legal advice: the regulation text, the solicitation and your contract rule.