48 CFR § 3401.104 - 3401.104 Applicability.
---
identifier: "/us/cfr/t48/s3401.104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 3401.104 - 3401.104 Applicability."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "3401.104"
section_name: "3401.104 Applicability."
chapter_number: 34
chapter_name: "DEPARTMENT OF EDUCATION ACQUISITION REGULATION"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "3401"
part_name: "ED ACQUISITION REGULATION SYSTEM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301 and 20 U.S.C. 1018a."
regulatory_source: "88 FR 60542, Sept. 1, 2023, unless otherwise noted."
cfr_part: "3401"
---
# 3401.104 3401.104 Applicability.
(a) The FAR and the EDAR apply to all Department contracts, as defined in FAR part 2, 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 provides the Performance-Based Organization (PBO) with procurement authority and flexibility associated with sections (a) through (l) of the statute.