1.501-3
Exceptions
FAR 1.501-3 allows agencies to bypass advance public comment for non-significant or urgent regulatory changes, but requires a 30-day comment period for urgent temporary rules.
Overview
FAR 1.501-3 outlines exceptions to the general requirement for soliciting agency and public comments on proposed regulatory coverage. Specifically, it allows agencies to bypass the comment solicitation process in two scenarios: when the proposed change is not a significant revision, and when urgent and compelling circumstances (such as rapid statutory implementation) make advance solicitation impracticable. In urgent cases, the regulation must still be issued temporarily and provide for at least a 30-day public comment period after issuance.
Key Rules
- Non-Significant Revisions
- Agencies are not required to solicit comments if the proposed coverage does not represent a significant change to existing regulations.
- Urgent and Compelling Circumstances
- If urgent needs prevent advance comment solicitation (e.g., new statutes with short implementation timelines), agencies may issue temporary coverage but must allow at least 30 days for public comment post-issuance.
Responsibilities
- Contracting Officers: Be aware of when comment solicitation is not required and ensure compliance with temporary coverage procedures.
- Contractors: Monitor for temporary regulations and participate in post-issuance comment periods when applicable.
- Agencies: Document the rationale for exceptions and ensure temporary coverage includes a public comment period of at least 30 days if issued without advance solicitation.
Practical Implications
- This section provides flexibility for agencies to implement changes quickly when necessary, but still ensures public input is eventually obtained. Contractors should stay alert for temporary rules and provide feedback during the post-issuance comment window. Failure to recognize these exceptions could result in missed opportunities to influence regulatory changes.