Subpart 1.3 - Agency Acquisition Regulations

Parent topic: Part 1 - Federal Acquisition Regulations System

1.301 Policy.

(a)

(1) Subject to the authorities in paragraph (c) of this section and other statutory authority, an

agency head may issue or authorize the issuance of agency acquisition regulations that implement or

supplement the FAR and incorporate, together with the FAR, agency policies, procedures, contract

clauses, solicitation provisions, and forms that govern the contracting process or otherwise control

the relationship between the agency, including any of its suborganizations, and contractors or

prospective contractors.

(2) Subject to the authorities in paragraph (c) of this section and other statutory authority, an

agency head may issue or authorize the issuance of internal agency guidance at any organizational

level (e.g., designations and delegations of authority, assignments of responsibilities, work-flow

procedures, and internal reporting requirements).

(b) Agency heads shall establish procedures to ensure that agency acquisition regulations are

published for comment in the Federal Register in conformance with the procedures in subpart 1.5

and as required by 41 U.S.C. 1707, and other applicable statutes, when they have a significant effect

beyond the internal operating procedures of the agency or have a significant cost or administrative

impact on contractors or offerors. However, publication is not required for issuances that merely

implement or supplement higher level issuances that have previously undergone the public comment

process, unless such implementation or supplementation results in an additional significant cost or

administrative impact on contractors or offerors or effect beyond the internal operating procedures

of the issuing organization. Issuances under 1.301(a)(2) need not be publicized for public comment.

(c) When adopting acquisition regulations, agencies shall ensure that they comply with the

Paperwork Reduction Act (44 U.S.C.3501, et seq.) as implemented in 5 CFR1320 (see 1.106) and the

Regulatory Flexibility Act (5 U.S.C.601, et seq.). Normally, when a law requires publication of a

proposed regulation, the Regulatory Flexibility Act applies and agencies must prepare written

analyses, or certifications as provided in the law.

(d) Agency acquisition regulations implementing or supplementing the FAR are, for-

(1) The military departments and defense agencies, issued subject to the authority of the Secretary

of Defense;

(2) NASA activities, issued subject to the authorities of the Administrator of NASA; and

(3) The civilian agencies other than NASA, issued by the heads of those agencies subject to the

overall authority of the Administrator of General Services or independent authority the agency may

have.
1.302 Limitations.

Agency acquisition regulations shall be limited to-

(a) Those necessary to implement FAR policies and procedures within the agency; and

(b) Additional policies, procedures, solicitation provisions, or contract clauses that supplement the

FAR to satisfy the specific needs of the agency.

1.303 Publication and codification.

(a) Agency-wide acquisition regulations shall be published in the Federal Register as required by

law, shall be codified under an assigned chapter in Title 48, Code of Federal Regulations, and shall

parallel the FAR in format, arrangement, and numbering system (but see 1.105-1(c)). Coverage in an

agency acquisition regulation that implements a specific part, subpart, section, or subsection of the

FAR shall be numbered and titled to correspond to the appropriate FAR number and title.

Supplementary material for which there is no counterpart in the FAR shall be codified using chapter,

part, subpart, section, or subsection numbers of 70 and up (e.g., for the Department of Interior,

whose assigned chapter number in Title 48 is 14, Part 1470, Subpart 1401.70, section 1401.370, or

subsection 1401.301-70).

(b) Issuances under 1.301(a)(2) need not be published in the Federal Register.

1.304 Agency control and compliance procedures.

(a) Under the authorities of 1.301(d), agencies shall control and limit issuance of agency acquisition

regulations and, in particular, local agency directives that restrain the flexibilities found in the FAR,

and shall establish formal procedures for the review of these documents to assure compliance with

this part 1.

(b) Agency acquisition regulations shall not-

(1) Unnecessarily repeat, paraphrase, or otherwise restate material contained in the FAR or higherlevel agency acquisition regulations; or

(2) Except as required by law or as provided in subpart 1.4, conflict or be inconsistent with FAR

content.

(c) Agencies shall evaluate all regulatory coverage in agency acquisition regulations to determine if

it could apply to other agencies. Coverage that is not peculiar to one agency shall be recommended

for inclusion in the FAR.