41 U.S.C. § 1707 — Publication of proposed regulations

Page 49 TITLE 41—PUBLIC CONTRACTS § 1708 ployees of that agency whose primary duties and responsibilities pertain to the award of con- tracts subject to the provisions of the Small Business and Federal Procurement Competition Enhancement Act of 1984 (Public Law 98–577, 98 Stat. 3066), that the performance appraisal sys- tem applicable to those employees affords ap- propriate recognition to, among other factors, efforts to— (1) increase competition and achieve cost savings through the elimination of procedures that unnecessarily inhibit full and open com- petition; (2) further the purposes of the Small Busi- ness and Federal Procurement Competition Enhancement Act of 1984 (Public Law 98–577, 98 Stat. 3066) and the Defense Procurement Re- form Act of 1984 (Public Law 98–525, title XII, 98 Stat. 2588); and (3) further other objectives and purposes of the Federal acquisition system authorized by law. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3710.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1706 ............ 41:414a. Pub. L. 98–577, title V, § 502, Oct. 30, 1984, 98 Stat. 3085. Editorial Notes REFERENCES IN TEXT The Small Business and Federal Procurement Com- petition Enhancement Act of 1984, referred to in text, is Pub. L. 98–577, Oct. 30, 1984, 98 Stat. 3066. For com- plete classification of this Act to the Code, see Short Title of 1984 Act note set out under section 101 of this title and Tables. The Defense Procurement Reform Act of 1984, re- ferred to in par. (2), is Pub. L. 98–525, title XII, Oct. 19, 1984, 98 Stat. 2588. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 2302 of Title 10, Armed Forces, and Tables. § 1707. Publication of proposed regulations (a) COVERED POLICIES, REGULATIONS, PROCE- DURES, AND FORMS.— (1) REQUIRED COMMENT PERIOD.—Except as provided in subsection (d), a procurement pol- icy, regulation, procedure, or form (including an amendment or modification thereto) may not take effect until 60 days after it is pub- lished for public comment in the Federal Reg- ister pursuant to subsection (b) if it— (A) relates to the expenditure of appro- priated funds; and (B)(i) has a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form; or (ii) has a significant cost or administrative impact on contractors or offerors. (2) EXCEPTION.—A policy, regulation, proce- dure, or form may take effect earlier than 60 days after the publication date when there are compelling circumstances for the earlier effec- tive date, but the effective date may not be less than 30 days after the publication date. (b) PUBLICATION IN FEDERAL REGISTER AND COMMENT PERIOD.—Subject to subsection (c), the head of the agency shall have published in the Federal Register a notice of the proposed pro- curement policy, regulation, procedure, or form and provide for a public comment period for re- ceiving and considering the views of all inter- ested parties on the proposal. The length of the comment period may not be less than 30 days. (c) CONTENTS OF NOTICE.—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 imprac- ticable 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 exec- utive agency from whom the full text may be obtained; and (2) a request for interested parties to submit comments on the proposal and the name and address of the officer or employee of the Fed- eral Government designated to receive the comments. (d) WAIVER.—The requirements of subsections (a) and (b) may be waived by the officer author- ized to issue a procurement policy, regulation, procedure, or form if urgent and compelling cir- cumstances make compliance with the require- ments impracticable. (e) EFFECTIVENESS OF POLICY, REGULATION, PROCEDURE, OR FORM.— (1) TEMPORARY BASIS.—A procurement pol- icy, regulation, procedure, or form for which the requirements of subsections (a) and (b) are waived under subsection (d) is effective on a temporary basis if— (A) a notice of the policy, regulation, pro- cedure, or form is published in the Federal Register and includes a statement that the 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. (2) FINAL POLICY, REGULATION, PROCEDURE, OR FORM.—After considering the comments re- ceived, the head of the agency waiving the re- quirements of subsections (a) and (b) under subsection (d) may issue the final procurement policy, regulation, procedure, or form. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3710.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1707 ............ 41:418b. Pub. L. 93–400, § 22, as added Pub. L. 98–577, title III, § 302(a), Oct. 30, 1984, 98 Stat. 3076; Pub. L. 103–355, title V, § 5092, Oct. 13, 1994, 108 Stat. 3362, as amended Pub. L. 104–106, title XLIII, § 4321(a)(9), Feb. 10, 1996, 110 Stat. 671. In subsection (a)(2), the words ‘‘Notwithstanding the preceding sentence’’ are omitted as unnecessary. § 1708. Procurement notice (a) NOTICE REQUIREMENT.—Except as provided in subsection (b)— (1) an executive agency intending to solicit bids or proposals for a contract for property or