§ 418b. — Publication of proposed regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC418b]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 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.
(Pub. L. 93-400, Sec. 22, as added Pub. L. 98-577, title III,
Sec. 302(a), Oct. 30, 1984, 98 Stat. 3076; amended Pub. L. 103-355,
title V, Sec. 5092, Oct. 13, 1994, 108 Stat. 3362; Pub. L. 104-106, div.
D, title XLIII, Sec. 4321(a)(9), Feb. 10, 1996, 110 Stat. 671.)
Amendments
1996--Subsec. (d)(3). Pub. L. 104-106 made technical correction to
directory language of Pub. L. 103-355, Sec. 5092(b). See 1994 Amendment
note below.
1994--Subsec. (a). Pub. L. 103-355, Sec. 5092(a), substituted ``60
days'' for ``30 days'' and inserted at end ``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.''
Subsec. (d). Pub. L. 103-355, Sec. 5092(b), as amended by Pub. L.
104-106, designated second sentence of subsec. (d)(2) as subsec. (d)(3).
Effective Date of 1996 Amendment
Section 4321(a) of Pub. L. 104-106 provided that the amendment made
by that section is effective as of Oct. 13, 1994, and as if included in
Pub. L. 103-355 as enacted.
Effective Date
Section 302(b) of Pub. L. 98-577 provided that: ``The procedures
required by the amendment made by subsection (a) [enacting this section]
shall apply with respect to procurement policies, regulations,
procedures, or forms that an agency issues in final form on or after the
date which is 30 days after the date of enactment of this Act [Oct. 30,
1984].''
Section Referred to in Other Sections
This section is referred to in title 38 section 8153; title 42
section 7256a; title 50 App. section 2159.
