A discussion on the origins of FAR’s administrative authority and its two ruling councils
As has been discussed in earlier articles, the Federal Acquisition Regulations (FAR) is the comprehensive regulatory framework designed to ensure consistency, transparency, and efficiency in federal procurement. Central to the FAR's development, maintenance, and implementation are its administrative authorities and the two key councils responsible for its revisions. This article delves into the administrative authority of FAR and the roles of the Defense Acquisition Regulations Council (DAR Council) and the Civilian Agency Acquisition Council (CAA Council).
Administrative Authority of FAR
The FAR System functions within the confines of its regulations as outlined by the two Acquisition Councils. The authority to prepare, issue, and maintain FAR is jointly held by the Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration (NASA). These officials exercise their statutory authority to ensure that FAR remains current and effective in regulating federal acquisitions.
The Two Councils: DAR Council and CAA Council
All revisions to FAR are managed through the coordinated actions of two primary councils: the Defense Acquisition Regulations Council (DAR Council) and the Civilian Agency Acquisition Council (CAA Council). These councils are composed of representatives selected for their superior qualifications, including extensive acquisition experience and demonstrated professional expertise. Each council member represents their agency on a full-time basis and is funded by their respective agency.
Defense Acquisition Regulations Council (DAR Council)
The first of these councils is the DAR Council, this council operates under the authority of the Secretary of Defense. Its membership includes representatives from the military departments, the Defense Logistics Agency, and the Defense Contract Management Agency. The Director of the DAR Council is appointed by the Secretary of Defense, who directs the council's operations. The DAR Council is primarily responsible for processing revisions to the rules related on defense acquisition, ensuring that the regulations meet the specific needs and challenges of military procurement.
Civilian Agency Acquisition Council (CAA Council)
The second of these councils is the CAA Council, this is the council that operates under the authority of a representative appointed by the Administrator of the General Services Administration. Its members include representatives from each of civilian federal agencies. This means at least one representative from each of the following: the Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice, Labor, State, Transportation, Treasury, and Veterans Affairs. As well as agencies like the Environmental Protection Agency, NASA, the Social Security Administration, the Small Business Administration, and the U.S. Agency for International Development (USAID). The CAA Council handles revisions to FAR that pertain to civilian agency acquisitions, ensuring that the regulations are appropriate for the diverse needs of these independent civilian agencies.
Responsibilities of the Two Councils
As noted, both councils share the responsibility for revising their particular sections of FAR, however, they also must work together to ensure that all revisions to the FAR coalesce in a unified regulation that does not contradict itself or leave anything missing or up to independent interpretation. Both councils must work closely when with submitting proposed revisions for public comment, considering feedback, arranging public meetings, and preparing final revisions for publication in the Federal Register. The councils also work closely with the FAR Secretariat, which provides centralized services such as maintaining official files, keeping a synopsis of current FAR cases, and assisting parties interested in reviewing completed cases.
The FAR Secretariat
The FAR Secretariat is managed and operated by the General Services Administration. They are responsible for publishing and distributing the FAR through the Code of Federal Regulations system, including maintaining an online edition with periodic updates.
Conclusion
The Federal Acquisition Regulations (FAR) System is a critical framework that governs federal procurement activities, ensuring they are conducted with integrity, efficiency, and accountability. The administrative authority vested in the Secretary of Defense, the Administrator of General Services, and the Administrator of NASA, along with the coordinated efforts of the DAR Council and CAA Council, ensure that the FAR remains a dynamic and effective tool for federal acquisitions. By understanding the roles and responsibilities of these key players, stakeholders can better navigate the complexities of federal procurement and contribute to a more effective and transparent acquisition process.
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