[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR1.301]



[Page 13-14]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 1_FEDERAL ACQUISITION REGULATIONS SYSTEM--Table of Contents

 

               Subpart 1.3_Agency Acquisition Regulations

 

Sec. 1.301  Policy.





    (a)(1) Subject to the authorities in paragraph (c) below 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 (c) below 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 section 22 of the Office of Federal Procurement Policy Act, 

as amended (41 U.S.C. 418b), 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



[[Page 14]]



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 (44 U.S.C. 3501, et 

seq.) as implemented in 5 CFR part 1320 (see 1.105) and the Regulatory 

Flexibility Act (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.



[48 FR 42103, Sept. 19, 1983, as amended at 50 FR 2269, Jan. 15, 1985; 

54 FR 5054, Jan. 31, 1989]