48 CFR Part 3401 — ED Acquisition Regulation System

PART 3401—ED ACQUISITION REGULATION SYSTEM Authority: 5 U.S.C. 301 and 20 U.S.C. 1018a. Source: 88 FR 60542, Sept. 1, 2023, unless otherwise noted. 3401.000 Scope of part. This part establishes a system of Department of Education (Department) acquisition regulations, referred to as the Education Acquisition Regulation (EDAR), for the codification and publication of policies and procedures of the Department that implement and supplement the Federal Acquisition Regulation (FAR). Subpart 3401.1—Purpose, Authority, Issuance 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. Subpart 3401.3—Agency Acquisition Regulations 3401.303 Publication and codification. (a) The EDAR is issued as chapter 34 of title 48 of the CFR. (1) The FAR numbering illustrations at FAR 1.105-2 apply to the EDAR. (2) The EDAR numbering system corresponds with the FAR numbering system. An EDAR citation will include the prefix “34” prior to its corresponding FAR part citation; e.g., (3) Supplementary material for which there is no counterpart in the FAR will be codified with a suffix beginning with “70” or, in cases of successive sections and subsections, will be numbered in the 70 series ( i.e., e.g., Note: Table 1 to Paragraph (a)(3) FAR Is Is 15 3415 3415.70 15.1 3415.1 3415.170 15.101 3415.101 3415.101-70 15.101-1 3415.101-1 3415.101-170 (c) Guidance that is unique to an organization with Head of the Contracting Activity (HCA) authority contains that activity's acronym directly preceding the cite. The following activity acronyms apply: FSA—Federal Student Aid. Subpart 3401.4—Deviations 3401.403 Individual deviations. An individual deviation from the FAR or the EDAR must be approved by the Senior Procurement Executive (SPE). 3401.404 Class deviations. A class deviation from the FAR or the EDAR must be approved by the Chief Acquisition Officer (CAO). Subpart 3401.6—Career Development, Contracting Authority, and Responsibilities 3401.601 General. (a) Contracting authority is vested in the Secretary. The Secretary has delegated this authority to the CAO. The Secretary has also delegated contracting authority to the SPE, giving the SPE broad authority to perform functions dealing with the management direction of the entire Department's procurement system, including implementation of its unique procurement policies, regulations, and standards. Limitations to the extent of this authority and successive delegations are set forth in the respective memorandums of delegations. 3401.602-3 Ratification of unauthorized commitments. (a) Definitions. commitment (b) Policy. (2) The HCA must review and sign or reject all ratification requests, with the exception that the Chief of the Contracting Office is authorized to review and sign or reject ratification requests for unauthorized commitments up to $25,000. 3401.604-70 Contract clause. Contracting officers must insert a clause substantially the same as the clause at 3452.201-70 (Contracting Officer's Representative (COR)), in all solicitations and contracts for which a COR will be (or is) appointed.

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