FAR and DFARS › FAR Part 50: Extraordinary Contractual Actions and the Safety Act › Subpart 50.1

FAR 50.101-1 Authority.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains the legal authority for agencies involved in national defense to enter into, amend, or modify contracts without following certain other laws when the President determines it would facilitate national defense. It also lists which agency heads can use this authority under Executive Order 10789. For contractors, this means that in limited national defense-related situations, agencies may have flexibility to change contract terms outside normal rules.

Applies to: Agencies exercising functions related to national defense and their contractors

Key terms: Pub. L. 85-804 · E.O. 10789 · national defense · contracts · authority

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Pub. L. 85-804 empowers the President to authorize agencies exercising functions in connection with the national defense to enter into, amend, and modify contracts, without regard to other provisions of law related to making, performing, amending, or modifying contracts, whenever the President considers that such action would facilitate the national defense.

(b) E.O. 10789 authorizes the heads of the following agencies to exercise the authority conferred by Pub. L. 85-804 and to delegate it to other officials within the agency: the Government Publishing Office; the Department of Homeland Security; the Tennessee Valley Authority; the National Aeronautics and Space Administration; the General Services Administration; the Defense, Army, Navy, Air Force, Treasury, Interior, Agriculture, Commerce, and Transportation Departments; the Department of Energy for functions transferred to that Department from other authorized agencies; and any other agency that may be authorized by the President.

Sections that refer to it

  • 32.405 Applying Pub. L. 85-804 to advance payments under sealed bid contracts.
  • 50.103-7 Contract requirements.

← 50.101 General. · 50.101-2 Policy. →

Rule changes for FAR Part 50

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 50.101-1 Authority · SpendQuery