Overview
FAR 1.301 establishes the authority for federal agencies to create their own acquisition regulations and internal guidance to implement or supplement the FAR. It also outlines the mandatory procedures for public comment and compliance with federal statutes when agencies develop these supplemental rules.
Key Rules
- Supplementation Authority: Agency heads may issue regulations that implement or supplement the FAR, including agency-specific clauses, procedures, and forms that govern the relationship with contractors.
- Internal Guidance: Agencies have the authority to issue internal instructions, such as delegations of authority and work-flow procedures, which do not require public comment.
- Public Comment Requirements: Per 41 U.S.C. 1707, agency-specific regulations must be published in the Federal Register for public comment if they have a significant cost or administrative impact on contractors or a significant effect beyond internal operations.
- Statutory Compliance: When adopting regulations, agencies must comply with the Paperwork Reduction Act (regarding information collection) and the Regulatory Flexibility Act (regarding impacts on small entities).
- Oversight Authority: Supplemental regulations are issued under the authority of the Secretary of Defense (military), the Administrator of NASA, or the heads of civilian agencies (under GSA oversight or independent authority).
Practical Implications
- Contractors must monitor both the FAR and specific agency supplements (such as the DFARS for Defense or GSAM for GSA), as these supplemental rules carry the same regulatory weight and often contain more specific requirements.
- While agencies have broad latitude to manage internal operations privately, any supplemental rule that imposes a new burden or significant cost on the private sector triggers a mandatory public notice-and-comment period.