Policy
Agency acquisition regulations that significantly impact contractors must be published for public comment and comply with federal statutes, ensuring transparency and legal compliance.
Overview
FAR 1.301 outlines the policy framework for agency acquisition regulations, allowing agency heads to issue or authorize regulations and internal guidance that implement or supplement the FAR. It establishes the authority for agencies to create their own acquisition rules, procedures, contract clauses, and forms, as well as internal guidance such as delegations of authority and workflow procedures. The section also mandates that agency acquisition regulations with significant impact on contractors or offerors must be published for public comment in the Federal Register, except for internal guidance or regulations that do not impose additional costs or administrative burdens. Agencies must comply with the Paperwork Reduction Act and the Regulatory Flexibility Act when adopting acquisition regulations. The section further specifies the authorities under which military, NASA, and civilian agency regulations are issued.
Key Rules
- Issuance of Agency Acquisition Regulations
- Agency heads may issue regulations and internal guidance to implement or supplement the FAR, subject to statutory authority.
- Public Comment Requirement
- Regulations with significant impact on contractors or offerors must be published for comment, except for internal guidance or non-impactful supplements.
- Compliance with Federal Statutes
- Agencies must comply with the Paperwork Reduction Act and Regulatory Flexibility Act when adopting acquisition regulations.
- Authority for Issuance
- Regulations are issued under the authority of the Secretary of Defense (military), Administrator of NASA (NASA), or heads of civilian agencies (civilian agencies).
Responsibilities
- Contracting Officers: Must follow both FAR and agency-specific acquisition regulations and ensure compliance with published agency rules.
- Contractors: Should monitor agency-specific regulations and public comment opportunities that may affect contract requirements or administrative processes.
- Agencies: Must ensure proper issuance, publication, and statutory compliance for acquisition regulations and internal guidance.
Practical Implications
- This section ensures agencies can tailor acquisition regulations to their unique needs while maintaining transparency and compliance with federal law.
- Contractors must stay informed about agency-specific rules that may affect solicitations or contract performance.
- Failure to follow publication or statutory requirements can result in unenforceable regulations or legal challenges.