FAR 1.301—Policy.
Plain-English Summary
FAR 1.301 explains who may issue agency acquisition regulations and internal guidance, what those issuances may cover, and when they must be published for public comment. It distinguishes between agency regulations that implement or supplement the FAR and internal management guidance such as delegations, assignments, workflow procedures, and reporting requirements. The section also ties agency rulemaking to the Federal Register comment process under FAR subpart 1.5 and 41 U.S.C. 1707 when a rule has a significant external effect or cost impact, while exempting purely internal guidance and certain implementing issuances that do not add new burdens. It further requires agencies to comply with the Paperwork Reduction Act and the Regulatory Flexibility Act when adopting acquisition regulations. Finally, it identifies the authority structure for issuing agency acquisition regulations across the military departments and defense agencies, NASA, and civilian agencies. In practice, this section matters because it controls when agencies can create binding procurement rules, how those rules become effective, and what procedural safeguards protect contractors, offerors, and the public from unexpected or burdensome agency-specific requirements.
Key Rules
Agency rules may supplement FAR
An agency head may issue acquisition regulations that implement or supplement the FAR, including policies, procedures, clauses, solicitation provisions, and forms that govern the contracting process or the agency-contractor relationship. These rules must stay within the limits of applicable statutory authority and the controls in paragraph (c).
Internal guidance need not be public
Agency heads may also issue internal guidance at any organizational level, such as delegations, assignments of responsibility, workflow procedures, and internal reporting requirements. These internal issuances do not need to be published for public comment.
Public comment required for significant impact
Agency acquisition regulations must be published in the Federal Register for comment when they have a significant effect beyond internal operations or a significant cost or administrative impact on contractors or offerors. Agencies must use the procedures in FAR subpart 1.5 and comply with 41 U.S.C. 1707 and other applicable statutes.
No comment for mere implementation
Publication is not required when an agency issuance merely implements or supplements a higher-level rule that already went through public comment, unless the new issuance adds a significant cost, administrative burden, or external effect. The key question is whether the agency action creates new substantive impact.
PRA and RFA compliance required
When adopting acquisition regulations, agencies must comply with the Paperwork Reduction Act and its implementing rules, as well as the Regulatory Flexibility Act. If a law requires publication of a proposed regulation, the RFA will usually apply and may require an analysis or a certification depending on the circumstances.
Issuing authority depends on agency type
For the military departments and defense agencies, agency acquisition regulations are issued subject to the Secretary of Defense. For NASA, they are issued subject to the NASA Administrator. For civilian agencies other than NASA, they are issued by the agency head subject to the Administrator of General Services' overall authority or any independent authority the agency has.
Responsibilities
Agency Head
May authorize agency acquisition regulations and internal guidance, but must ensure the rules stay within statutory authority, follow the publication and comment requirements when required, and comply with the Paperwork Reduction Act and Regulatory Flexibility Act.
Agency Acquisition Officials
Draft and manage agency-specific acquisition regulations, determine whether a proposed issuance has significant external or cost impact, and route rules through the required review and publication process.
Military Departments and Defense Agencies
Issue acquisition regulations subject to the authority of the Secretary of Defense and ensure consistency with higher-level defense acquisition policy and applicable law.
NASA
Issue acquisition regulations subject to the authority of the NASA Administrator and follow the same public notice, comment, and statutory compliance requirements when applicable.
Civilian Agencies
Issue acquisition regulations under the overall authority of the Administrator of General Services or any independent authority the agency possesses, and determine whether publication and comment are required.
Contracting Community
Monitor agency-specific regulations and internal guidance that may affect solicitations, contract clauses, administrative procedures, or reporting obligations, and participate in comment opportunities when rules are published.
Practical Implications
This section is the gatekeeper for agency-specific procurement rules, so contractors should not assume every agency clause or procedure is a FAR-wide requirement; some are agency supplements or internal instructions only.
A common pitfall is treating an internal workflow or delegation memo as if it creates contractor obligations; if it is truly internal under 1.301(a)(2), it generally does not require public comment and usually should not bind contractors directly.
Agencies must think carefully about whether a new rule creates a significant cost or administrative burden, because that triggers Federal Register publication and comment requirements and may also trigger PRA or RFA analysis.
Contractors should watch for agency supplements that appear to “just implement” a higher-level rule but actually add new burdens; if they do, the agency may need to publish them for comment and justify them under the applicable statutes.
For contracting officers, the practical task is to distinguish between binding acquisition regulations, internal management guidance, and higher-level rules, because that distinction affects enforceability, publication, and the validity of solicitation or contract language.
Official Regulatory Text
(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 CFR 1320 (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.