[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR401.105-1]



[Page 95-96]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 4--DEPARTMENT OF AGRICULTURE

 

PART 401_AGRICULTURE ACQUISITION REGULATION SYSTEM--Table of Contents

 

               Subpart 401.1_Purpose, Authority, Issuance

 

Sec. 401.105-1  Publication and code arrangement.



    (a) The AGAR is codified in the Code of Federal Regulations (CFR) as 

Chapter 4 of Title 48, Federal Acquisition Regulations System, to 

implement and supplement Chapter 1 which constitutes the FAR. Parts 400 

through 499 have been assigned to USDA by the Office of the Federal 

Register.

    (b) The AGAR and its subsequent changes are published in:



[[Page 96]]



    (1) Daily issues of the Federal Register,

    (2) Cumulative form in the CFR, and,

    (3) Electronic form on the USDA Departmental Administration 

Procurement Homepage (see 401.170).

    (c) Section 553(a)(2) of the Administrative Procedure Act, 5 U.S.C. 

553, provides an exception from the standard public rulemaking 

procedures to the extent that the rule involves a matter relating to 

agency management or personnel or to public property, loans, grants, 

benefits, or contracts. In 1971, Secretary of Agriculture Hardin 

announced a voluntary partial waiver from the Administrative Procedure 

Act exception, and USDA agencies generally are required to provide 

notice and an opportunity for public comment on proposed rules (36 FR 

13804, July 24, 1971). The AGAR has been promulgated and may be revised 

from time to time in accordance with the rulemaking procedures of the 

Administrative Procedure Act. The USDA also is required to publish for 

public comment procurement regulations in the Federal Register, pursuant 

to the Office of Federal Procurement Policy Act (41 U.S.C. 418b), and 

FAR 1.301.



[61 FR 53646, Oct. 15, 1996, as amended at 70 FR 44, Jan. 3, 2005]