Subpart 1.3
Agency Acquisition Regulations
Agencies may issue their own acquisition regulations, but these must not conflict with the FAR and must follow strict publication and control procedures.
Overview
FAR Subpart 1.3, "Agency Acquisition Regulations," establishes the framework and requirements for federal agencies to develop, issue, and maintain their own acquisition regulations that supplement or implement the Federal Acquisition Regulation (FAR). This subpart outlines the policy for agency-specific regulations, sets limitations to ensure consistency with the FAR, and prescribes procedures for publication, codification, and internal agency control. The goal is to maintain a uniform federal acquisition system while allowing agencies to address unique needs, provided they do not conflict with the FAR or duplicate its provisions.
Key Rules
- Policy (1.301)
- Agencies may issue acquisition regulations to implement or supplement the FAR, but must follow prescribed procedures.
- Limitations (1.302)
- Agency regulations cannot conflict with the FAR, repeat its content, or unnecessarily deviate from its requirements.
- Publication and Codification (1.303)
- Agency acquisition regulations must be published in the Federal Register and codified in the agency’s designated chapter of the Code of Federal Regulations (CFR).
- Agency Control and Compliance Procedures (1.304)
- Agencies must establish internal procedures to control the issuance of acquisition regulations and ensure compliance with FAR requirements.
Responsibilities
- Contracting Officers: Must be aware of both FAR and agency-specific regulations and ensure compliance with both.
- Contractors: Should review agency-specific regulations in addition to the FAR when bidding or performing on federal contracts.
- Agencies: Must ensure their acquisition regulations are consistent with the FAR, properly published, and subject to internal controls.
Practical Implications
- This subpart ensures agencies have flexibility to address unique procurement needs while maintaining overall consistency in federal acquisition practices.
- Contractors must be vigilant in identifying and complying with both FAR and agency-specific regulations.
- Common pitfalls include overlooking agency supplements or failing to recognize when agency rules deviate from or add to the FAR.