1.201-1 The two councils
Source: FAR 1.201-1 on acquisition.gov
FAR revisions are coordinated by two expert councils representing defense and civilian agencies, ensuring all changes are thoroughly reviewed and publicly vetted before implementation.
Overview
FAR 1.201-1 outlines the structure, membership, and responsibilities of the two councils responsible for maintaining and revising the Federal Acquisition Regulation (FAR): the Defense Acquisition Regulations Council (DAR Council) and the Civilian Agency Acquisition Council (CAA Council). These councils coordinate all changes to the FAR, ensuring representation from relevant federal agencies and departments. Members are selected for their expertise and serve full-time, funded by their agencies. The section details the composition of each council, their leadership, and the process for revising the FAR, including public notice, comment consideration, and final publication procedures.
Key Rules
- Council Membership and Selection
- Council members must represent their agencies full-time, be highly qualified in acquisition, and be funded by their agencies.
- Council Composition
- The CAA Council includes representatives from major civilian agencies, while the DAR Council includes representatives from the Department of Defense and related agencies.
- Revision Process
- Both councils must agree on FAR revisions, submit proposed changes for public comment, consider feedback, arrange public meetings, and finalize revisions for publication.
Responsibilities
- Contracting Officers: Stay informed about FAR changes and understand the revision process.
- Contractors: Monitor FAR updates and participate in public comment periods when relevant.
- Agencies: Ensure qualified representation on councils and fund their participation; process and coordinate FAR revisions as assigned.
Practical Implications
- This section ensures that FAR revisions are coordinated, transparent, and involve input from all relevant federal agencies.
- Contractors and contracting professionals should be aware of how FAR changes are made and the opportunities for public input.
- Delays or miscommunication between councils can impact the timing and clarity of regulatory updates.
(a) Subject to the authorities discussed in 1.103, revisions to the FAR will be prepared and issued through the coordinated action of two councils, the Defense Acquisition Regulations Council (DAR Council) and the Civilian Agency Acquisition Council (CAA Council). Members of these councils shall-
(1) Represent their agencies on a full-time basis;
(2) Be selected for their superior qualifications in terms of acquisition experience and demonstrated professional expertise; and
(3) Be funded by their respective agencies.
(b) The chairperson of the CAA Council shall be the representative of the Administrator of General Services. The other members of this council shall be one each representative from the-
(1) Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice, Labor, State, Transportation, Treasury, and Veterans Affairs; and
(2) Environmental Protection Agency, National Aeronautics and Space Administration, Social Security Administration, Small Business Administration, and U.S. Agency for International Development.
(c) The Director of the DAR Council shall be the representative of the Secretary of Defense. The operation of the DAR Council will be as prescribed by the Secretary of Defense. Membership shall include representatives of the military departments, the Defense Logistics Agency, and the Defense Contract Management Agency.
(d) Responsibility for processing revisions to the FAR is apportioned by the two councils so that each council has cognizance over specified parts or subparts.
(e) Each council shall be responsible for-
(1) Agreeing on all revisions with the other council;
(2) Submitting to the FAR Secretariat (see 1.201-2) the information required under paragraphs 1.501-2(b) and (e) for publication in the Federal Register of a notice soliciting comments on a proposed revision to the FAR;
(3) Considering all comments received in response to notice of proposed revisions;
(4) Arranging for public meetings;
(5) Preparing any final revision in the appropriate FAR format and language; and
(6) Submitting any final revision to the FAR Secretariat for publication in the Federal Register.