Overview
This section establishes the organizational structure and administrative procedures for updating the Federal Acquisition Regulation (FAR), primarily through the joint efforts of the Defense Acquisition Regulations (DAR) Council and the Civilian Agency Acquisition Council (CAA) Council. It outlines the composition of these councils and the administrative role of the FAR Secretariat in managing the rulemaking process and public distribution.
Key Rules
- Dual-Council Coordination: All revisions to the FAR must be prepared and agreed upon by both the DAR Council (representing the Department of Defense) and the CAA Council (representing civilian agencies).
- Membership Requirements: Council members must represent their agencies on a full-time basis, be funded by their respective agencies, and possess superior qualifications in acquisition experience and professional expertise.
- Leadership: The CAA Council is chaired by a representative of the General Services Administration (GSA), while the DAR Council is directed by a representative of the Secretary of Defense.
- Rulemaking Process: The councils are responsible for soliciting public comments via the Federal Register, considering those comments, holding public meetings when necessary, and preparing final revisions in the proper format.
- FAR Secretariat Functions: Managed by GSA, the Secretariat is responsible for publishing the FAR, maintaining official case files, tracking the status of pending FAR cases, and providing administrative support to the councils.
Practical Implications
- Uniformity: The requirement for both councils to agree on revisions ensures that procurement regulations remain consistent across both defense and civilian sectors, preventing a fragmented regulatory environment for contractors.
- Public Participation: The structured process for publishing notices and considering comments provides a formal mechanism for industry stakeholders to influence proposed regulatory changes before they are finalized.