ML19332F774
| ML19332F774 | |
| Person / Time | |
|---|---|
| Issue date: | 10/19/1984 |
| From: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Sowle D OFFICE OF MANAGEMENT & BUDGET |
| Shared Package | |
| ML19324E354 | List: |
| References | |
| FRN-54FR40420, RULE-PR-48C20 AC01-1-04, AC1-1-4, NUDOCS 8912180235 | |
| Download: ML19332F774 (5) | |
Text
m-wr n,. uw.
=a.u.,.. n.. s
.=m.c-n..u.n. m.. ;m..s.;
..M/ l [&
{
B N
}[.
(
(
6
(;
f t
PGNorry fCD(* l S'
/
MSpringer ELHalman Mg J Thompson
- A BMeehan OCT 191984 Helen' Watts (ADM 84-158)
,1 Mr. Donald E. Sowle,' Administrator Office of Foderal Procurement Policy Office of Management and Budget Washington 0.C.
20503
Dear Mr. Sowle:
E
SUBJECT:
Federal Acquisition Regulations System This is in-response to your July 17, 1984 request for the Nuclear Regulato Commission's (NRC) formal procedures for reviewing our regulatidns and the status of-our review. -
Our NRC procurement regulations are currently in the development stage. The
'- Division of Contracts (DC) has completed a preliminary review of the FAR to determine which areas may require implementing or supplementing agency regulations.
After apprcpriate internal review by affected offices, these regulations will be prepared by our DC and forwarded to an agency official for signature and -
transmittal:to the Office of the Federal Register for publication.
The actual drafting will begin early in fiscal year 1985.
It is anticipated that the development and internal review of our proposed acquisition regulations
.will be completed by the end of fiscal year 1985.
-If you have any questions or should you require additional infomation, please-
-contact Mr. Edward L. Halman, Director, Division of Contracts on 492-4347.
Sincerely.
Original Signed by Patricia Norry Patricia G. Norry, Director Office of Administration L
8912180235 891213 L
P FR40420 PDR 4
20
{
/
$n>
DMjDC:0SB ADM:DC:0SB AD Dg0 ADM:D S
ADM:D f h
" "..'.'.ee an:ah RThompson EL a b
- , MSpringer
.L PGNorry,,
O*jl;c !.0g/,84 10/Q84,,
10/lG84
.. 10//f/84,,110/[f/84.,
i7.o,......,o,.......
nmm a i n..c> 6 F~ B ~n 7 W ~ ~
p w
- u. a.a u. x. a.x m. m
<a..-x >::a - n. n m.s w..~ w.is=warz;2.a.m.wam,.~va.mv j'
(
(
. p.
J.,
-c
.'r -%
EXECUTIVE OFFICE OF THE PRESIDENT I
,.\\,
OFFICE OF MANAGEMENT AND BUDGET WASHI NGTON. D.C. 20503 OFFICC OF FCDCRAL.
PROCuRCMENT-POLICY.
JUL l T 1934 MEMORANDUM FOR AGENCY SENIOR PROCUREMENT E CUT ES i
'b -
FROM:
Donald E. Sowle, Administrator i
SOBJECT:
Federal Acquisition Regulations System As you know, the Federal Acquisition Regulation (FAR) became effective on April 1, 1 984. This is the keystone of the Federal Acquisition Regulations System. The f undamental purpose of the FAR is to eliminate conflicts, redundancies, and inconsistencies; provide users with a single set of simplified,. uniform, government-wide acquisition regulations (containing common acquisition policies, procedures, solicitation provisions, contract clauses, and forms) that are well-
[!
written, easy - to read, and organized logically; reduce excessive i
paperwork; make it easier to do business with the Federal Government; and f acilitate agency, industry, and public participation in developing and maintaining the FAR and agency acquisition regulations.
i i Fif teen agencies have published in the Federal R egister their acquisition regulations implementing and supplementing the FAR.
l_ urge.those agencies that have not yet. published,their regulations to do so soon. We must all f ocus our I k attention and efforts on ensuring that the System woYks as it was intended and that s
its integrity is maintained.
i You are reminded that agency implementing and supplementing acquisition regulations must not conflict with, repeat, paraphrase, or otherwise restate the FAR or higher-level agency acquiS1 tion regulations, and must conf orm to the FAR numbering system.
Agency acquisition regulations that govern the contracting process or otherwise control the relationship between the agency and contractors or prospective contractors must be published in Title 48. Agency regulations that j
do not govern the contracting process or do not otherwise control the relationship i
with contractors or subcontractors but are issued as internal agency guidance at
[:
any organizational level (e.g., designations and delegations of aut hority,
. assignments of responsibilities, work-flow procedures, and internal repor ting requirements) need not be published in the Federal Register.-
FAR Section 1.304, Agency ' control and compliance procedures, states that agencies shall control and limit issuance.of agency acquisition regulations to assure compliance with FAR Part 1.
Some of the controls available to minimize proliferation are: (a) internal agency management reviews, audits and instector General reviev s; (b) regulatory review by OMB under Public Law 96-511; and (c)
- s. -
mm ~.n.-mm.m acc;x~caxw:. w mm~nnwrm~no,w u.w..z n,
-l 7
,4 ~
1 2
public review and comment.- Section 1.304 also requires agencies. to evaluate all regulatory coverage in agency acquisition regulations to determine if the coverage could apply to other agencies. Coverage that is not peculiar to one agency must be recommended ior F AR inclusion.
We - have reviewed some of the published agency accplsition regulations implementing and supplementing the FAR. These reviews have - revealed some problems, i.e., iallure to f ollow the prescribed numbering system, subject structure and deviation requirements. We should all guard against these problems, otherwise the FAR and the FAR System will quickly become replete with inconsistency, nonuniformity, and redundancy. In short, it will conflict with its own fundamental purpose.
I ask that you complete as soon as possible the review of your agency regulations that implement and supplement the FAR. Attachment No I extrapolates some useful inf ormation f rom FAR Part I and f rom FAR Subpart $2.1, that will help in
- this review Please ensure that your regulations -
Distinguish between implem enting regulations and supplementing regulations (both in subject and numberingh Adhere to the FAR structured organization of subject matter; Comply with the FAR deviation requirements; Comply with the FAR-prescribed numbering system; and Are numbered the same in all versions (i.e., in the Federal Register and in looseleaf).
In addition, please advise me, by no later than October 15, 1984, of.you agency's formal procedures f or reviewing your regulations (FA R 1.304(a)), and the status of your review.
I appreciate your past elforts in bringing the FAR System into being. I solicit your continued cooperation.
A ttachment g
pwmm mm....nm, ~...w.-. a n
...~.ns=umpw-
\\
'\\
.a d
IT E
Implementing regulations are those that cover internal procedures necessary to carry out the prescriptions in the FAR. Supplementing regulations are to cover the unique needs of the agencies on a subject not covered by the FAR.-
The FAR authorizes agencies to issue regulations to implement FAR policies and procedures within the agencies.
FAR 1.301(a) states that an agency head may issue agency acquisition regulations that implement or supplement the FAR.
FAR 1.104-1 requires that each nurnbered mit or segment (e.g., part, subpart, section, etc.) of an agency regu!ation shall begin with the chapter number.
j FAR 1.303(a) requires that covefage in an agency acquistion regulation that l
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.
j
-(So, for example, the Department of Commerce is assigned chapter number 13 in Title 48.
Its implementation of FAR 3.203 is numbered and titled 1303.203, Reporting suspected violations of the Gratuities dause).
The FAR also authorizes agencies to supplement the FAR when coverage is needed f or subiect matter not covered in the FA R (such as when additional policies, procedures, solicitation
- provisions or contract dauses are needed to satisfy agency needs).
i FAR 1.303(a) requires that supplementary material for which there is no i'
counterpart in the FAR shall be codified using chapter, part,~ subpart, section, or subsection numbers of 70 and up.
I (For example, NASA is assigned chapter number 18 in Titje 48.
Its supplementation of FAR Fart 3' consists of a NASA-unique subpart on a i
subject not covered in the FAR. Hence, this supplementation is numbered and titled Subpart 1803.70 - Contracts between NASA and Former NASA Employees (with ensuing sections numbered 1803.7001,1803.7002, etc.).
FAR 52.101(b)(2) requires that supplemental provisions or dauses published in agency acquisition regulations shall be numbered in the same manner in which FAR provisions and dauses are numbered, except that the provision or clause number shall be preceded by the chapter number within 48 CFR.
FAR 52.101(b)(2) also requires that, within each section of Subpart $2.2 of the agency regulation, the subsections (or sequential numbers of the provisions and
. dauses) begin at '70" and continue on "71," etc.
... ;,u ':.u..v.: s :..,w..w...a
..c. w.. %,,.:...,, m w.;;. w.n. n < a :.,_ m m....
.,1...,
... n.. e -. a...s.. a ;1 -
t e
e 2
(For example, NASA is assigned chapter number 18 in Title 48.
Its supplementation of FAR Subpart S2.2 includes texts of provisions and clauses supplementing FAR parts 3 and 4.
These provisions and clauses are numbered and titled as follows:
1852.203-70 Contracts I\\etween NASA and Former NASA Employees.
1852.204-70 Report on NASA Subcontracts.
1852.204-71 NASA Financlal Management Reporting.
!852.204-72 NA5A Firancial Management Reporting (Mont hly perf ormance Reports)).
The FAR definition of " deviation" is quite explicit (see FAR 1.401). It covers FAR-prescribed policies and procedure. as well as clauses and provisions.
FAR 1.403 and 1.404 direct that. copies of individual deviations and copies of class deviations shall be f urnished to the FAR Secretariat.
1 9
b 4
k y
e.
l I
l
.