---
kind: "section"
citation: "48 C.F.R. § 3401.104"
title: "48"
number: "3401.104"
heading: "Applicability."
url: "https://uscodex.org/cfr/48/3401.104"
---

# §3401.104. Applicability.

- (a) The FAR and the EDAR apply to all Department contracts, as defined in FAR [part 2](/cfr/48/part2.md), except where expressly excluded. The EDAR implements or supplements the FAR and incorporates, together with the FAR, Department policies, procedures, contract clauses, solicitation provisions, and forms that govern the contracting process or otherwise control the relationship between the Agency, including its sub-organizations, and contractors or prospective contractors.
- (b) The statue at [20 U.S.C. 1018a](/usc/20/1018a.md) provides the Performance-Based Organization (PBO) with procurement authority and flexibility associated with sections (a) through (l) of the statute.

## Notes

### Authority

Authority: 5 U.S.C. 301 and 20 U.S.C. 1018a.

### Source

Source: 88 FR 60542, Sept. 1, 2023, unless otherwise noted.