1.301 Policy
Source: FAR 1.301 on acquisition.gov
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.
(a)
(1) Subject to the authorities in paragraph (c) of this section and other statutory authority, an agency head may issue or authorize the issuance of agency acquisition regulations that implement or supplement the FAR and incorporate, together with the FAR, agency policies, procedures, contract clauses, solicitation provisions, and forms that govern the contracting process or otherwise control the relationship between the agency, including any of its suborganizations, and contractors or prospective contractors.
(2) Subject to the authorities in paragraph (c) of this section and other statutory authority, an agency head may issue or authorize the issuance of internal agency guidance at any organizational level (e.g., designations and delegations of authority, assignments of responsibilities, work-flow procedures, and internal reporting requirements).
(b) Agency heads shall establish procedures to ensure that agency acquisition regulations are published for comment in the Federal Register in conformance with the procedures in subpart 1.5 and as required by 41 U.S.C. 1707, and other applicable statutes, when they have a significant effect beyond the internal operating procedures of the agency or have a significant cost or administrative impact on contractors or offerors. However, publication is not required for issuances that merely implement or supplement higher level issuances that have previously undergone the public comment process, unless such implementation or supplementation results in an additional significant cost or administrative impact on contractors or offerors or effect beyond the internal operating procedures of the issuing organization. Issuances under 1.301(a)(2) need not be publicized for public comment.
(c) When adopting acquisition regulations, agencies shall ensure that they comply with the Paperwork Reduction Act (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim" target="_blank">44 U.S.C. 3501, et seq.) as implemented in 5 CFR 1320 (see 1.106) and the Regulatory Flexibility Act (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section601&num=0&edition=prelim" target="_blank">5 U.S.C. 601, et seq.). Normally, when a law requires publication of a proposed regulation, the Regulatory Flexibility Act applies and agencies must prepare written analyses, or certifications as provided in the law.
(d) Agency acquisition regulations implementing or supplementing the FAR are, for-
(1) The military departments and defense agencies, issued subject to the authority of the Secretary of Defense;
(2) NASA activities, issued subject to the authorities of the Administrator of NASA; and
(3) The civilian agencies other than NASA, issued by the heads of those agencies subject to the overall authority of the Administrator of General Services or independent authority the agency may have.