BACK TO NACUANOTE

FN9.   See FAR Case 2007-013, Employment Eligibility Verification, 73 Fed. Reg. at 67,679.  The Federal Acquisition Regulations apply exclusively to acquisitions by the federal government.  See FAR 1.104 (explaining that the Federal Acquisition Regulations apply “to all acquisitions as defined in Part 2 of the FAR, except where expressly excluded”); 2.101(b)(2) (defining acquisition as “the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated”).  Thus, if a federal contract does not involve an acquisition by the federal government, the contract will not implicate the Rule.