41 U.S.C. § 418b : US Code - Section 418B: Publication of proposed regulations

Search 41 U.S.C. § 418b : US Code - Section 418B: Publication of proposed regulations

(a) Effective date; procurement policy, regulations, procedure or
form; publication in Federal Register
Except as provided in subsection (d) of this section, no
procurement policy, regulation, procedure, or form (including
amendments or modifications thereto) relating to the expenditure of
appropriated funds that has (1) a significant effect beyond the
internal operating procedures of the agency issuing the procurement
policy, regulation, procedure or form, or (2) a significant cost or
administrative impact on contractors or offerors, may take effect
until 60 days after the procurement policy, regulation, procedure,
or form is published for public comment in the Federal Register
pursuant to subsection (b) of this section. Notwithstanding the
preceding sentence, such a policy, regulation, procedure, or form
may take effect earlier than 60 days after the publication date
when there are compelling circumstances for the earlier effective
date, but in no event may that effective date be less than 30 days
after the publication date.
(b) Publication in Federal Register
Subject to subsection (c) of this section, the head of the agency
shall cause to be published in the Federal Register a notice of the
proposed procurement policy, regulation, procedure, or form and
provide for a public comment period for receiving and considering
the views of all interested parties on such proposal. The length of
such comment period may not be less than 30 days.
(c) Notice; proposed policy; contents
Any notice of a proposed procurement policy, regulation,
procedure, or form prepared for publication in the Federal Register
shall include -
(1) the text of the proposal or, if it is impracticable to
publish the full text of the proposal, a summary of the proposal
and a statement specifying the name, address, and telephone
number of the officer or employee of the executive agency from
whom the full text may be obtained; and
(2) a request for interested parties to submit comments on the
proposal and shall include the name and address of the officer or
employee of the Government designated to receive such comments.
(d) Waiver
(1) The requirements of subsections (a) and (b) of this section
may be waived by the officer authorized to issue a procurement
policy, regulation, procedure, or form if urgent and compelling
circumstances make compliance with such requirements impracticable.
(2) A procurement policy, regulation, procedure, or form with
respect to which the requirements of subsections (a) and (b) of
this section are waived under paragraph (1) shall be effective on a
temporary basis if -
(A) a notice of such procurement policy, regulation, procedure,
or form is published in the Federal Register and includes a
statement that the procurement policy, regulation, procedure, or
form is temporary; and
(B) provision is made for a public comment period of 30 days
beginning on the date on which the notice is published.
(3) After considering the comments received, the head of the
agency waiving the requirements of subsections (a) and (b) of this
section under paragraph (1) may issue the final procurement policy,
regulation, procedure, or form.