Overview
FAR Subpart 1.5 establishes the procedures for soliciting and considering views from both government agencies and the private sector when formulating acquisition policies. It ensures transparency and accountability by requiring public notice and comment periods for any "significant revisions" to the Federal Acquisition Regulation (FAR) System.
Key Rules
- Significant Revisions Defined: Revisions are considered "significant" if they alter substantive meaning, have a significant cost or administrative impact on contractors, or have an effect beyond the internal operating procedures of the agency. Editorial or stylistic changes are specifically excluded.
- Public Notice Requirement: Agencies must publish proposed significant revisions in the Federal Register. This notice must include the text (or a summary), contact information for the responsible official, and the status of the revision.
- Comment Period Timelines: The standard window for public comment is 60 days, with a mandatory minimum of 30 days.
- Exceptions for Urgency: If "urgent and compelling circumstances" exist (such as a statutory deadline), an agency can issue a rule on a temporary basis without advance comment, provided they allow for at least a 30-day comment period after the rule is issued.
- Unsolicited Revisions: The government is required to consider written recommendations for FAR revisions submitted by the public, provided they include sufficient data and rationale.
- Public Meetings: Agencies may hold public meetings if a proposed change would benefit from more extensive oral discussion and diverse viewpoints.
Responsibilities
- Issuing Agencies (FAR Council, DOD, GSA, NASA): Responsible for determining if a revision is significant, publishing notices in the Federal Register, and evaluating all submitted comments before finalizing policy.
- Contracting Officers & Policy Makers: Must consider the views of nongovernmental parties and other agencies when formulating new acquisition procedures.
- The Public (Contractors, Trade Associations, Citizens): Responsible for providing written comments within the specified timeframe and providing data-backed rationale for unsolicited revision requests.
- Designated Agency Point of Contact: Responsible for providing full text of proposed revisions upon request and collecting formal feedback.
Practical Implications
For government contractors, this subpart serves as a "Bill of Rights" regarding regulatory changes. It prevents the government from imposing burdensome or costly new requirements without first allowing the industry to highlight potential negative impacts or unintended consequences.
- Industry Influence: Contractors and industry groups (like the AIA or PSC) can actively shape the regulations they must follow by participating in the 60-day comment window.
- Regulatory Predictability: Because significant changes require Federal Register notices, businesses have a "heads-up" to adjust their compliance programs, accounting systems, or bidding strategies before a rule becomes final.
- Recourse for Inefficiency: If a specific FAR clause is outdated or creates unnecessary administrative hurdles, the "Unsolicited proposed revisions" rule (1.502) gives contractors a formal path to suggest improvements, provided they back their claims with hard data.