Overview
This section prescribes the policies and procedures for soliciting and considering the views of both government agencies and the public when formulating significant revisions to the FAR System. It ensures transparency and stakeholder participation in the rulemaking process for acquisition policies that have a substantial impact on the contracting community.
Key Rules
- Definition of Significant Revisions: Revisions are "significant" if they alter substantive meaning and have a notable cost or administrative impact on contractors, or a significant effect beyond internal agency procedures.
- Exclusions: Editorial, stylistic, or minor changes that do not impact the basic meaning of the coverage are not subject to these solicitation requirements.
- Public Notice Requirement: Significant revisions must be published in the Federal Register, including the text (or a summary), contact information for the responsible official, and an address for submitting comments.
- Comment Timelines: The public must be given a minimum of 30 days to submit comments, though the standard period is typically 60 days.
- Urgent and Compelling Exceptions: Agencies may bypass the advance comment period if urgent circumstances (such as immediate statutory deadlines) make prior solicitation impracticable. In these cases, the rule is issued on a temporary basis with a subsequent 30-day comment period.
Practical Implications
- Contractors and industry associations can actively influence federal policy by monitoring the Federal Register and providing data-backed feedback on how proposed rules may affect their operations or costs.
- The regulation prevents "regulatory surprise" by requiring agencies to justify and receive feedback on substantive changes, ensuring that the final rule considers the practical administrative burdens placed on the private sector.