Overview
Subpart 1.2 outlines the administrative infrastructure and procedures for maintaining, revising, and ensuring compliance with the Federal Acquisition Regulation (FAR). It establishes the dual-council system (Defense and Civilian) and the FAR Secretariat to ensure that procurement rules are updated through a coordinated, transparent, and standardized process.
Key Rules
- The Two-Council System: All FAR revisions must be prepared and issued through the coordinated action of the Defense Acquisition Regulations Council (DAR Council) and the Civilian Agency Acquisition Council (CAA Council).
- Mutual Agreement: No revision can be finalized without both councils agreeing on the change.
- Public Participation: Proposed revisions must be published in the Federal Register to solicit public comments, and the councils are required to consider these comments before finalizing any rules.
- Centralized Publication: The General Services Administration (GSA) is legally mandated to operate the FAR Secretariat, which serves as the official publisher and distributor of the regulations.
- Professional Standards: Council members must represent their agencies on a full-time basis and possess "superior qualifications" in acquisition experience.
Responsibilities
- Secretary of Defense: Oversees the DAR Council and is responsible for FAR compliance within the military departments and defense agencies.
- Administrator of General Services (GSA): Appoints the chairperson of the CAA Council and is responsible for FAR compliance across most civilian agencies.
- Administrator of NASA: Responsible for FAR compliance within NASA activities.
- The Councils (DAR and CAA): Tasked with apportioning work, managing the rule-making process, conducting public meetings, and preparing final regulatory language.
- FAR Secretariat: Responsible for maintaining official case files, tracking the status of FAR cases, and publishing the FAR in the Code of Federal Regulations (CFR) and online.
Practical Implications
For government contractors and federal employees, Subpart 1.2 ensures that the FAR is not a static document but a living regulation that evolves through a structured, predictable process.
- Uniformity: Because both the Defense and Civilian councils must agree on changes, contractors generally face the same overarching rules regardless of which agency they are dealing with.
- Industry Influence: The requirement to publish proposed rules in the Federal Register provides a critical window for industry associations and private companies to voice concerns or suggest improvements to proposed regulations before they become law.
- Audit Trail: The FAR Secretariat’s role in maintaining "official files" and case synopses allows legal teams and policy analysts to research the "legislative history" of a specific regulation to understand its original intent and the rationale behind specific phrasing.