U.S. Code » Title 41 » Subtitle Subtitle I— Federal Procurement Policy › Division Division B— Office of Federal Procurement Policy › Chapter CHAPTER 17— AGENCY RESPONSIBILITIES AND PROCEDURES

41 U.S.C. § 1707

Publication of proposed regulations

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(a)Covered Policies, Regulations, Procedures, and Forms.—(1)Required comment period.—Except as provided in subsection (d), a procurement policy, regulation, procedure, or form (including an amendment or modification thereto) may not take effect until 60 days after it is published for public comment in the Federal Register pursuant to subsection (b) if it—(A) relates to the expenditure of appropriated 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, 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 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 procurement policy, regulation, procedure, or form and provide for a public comment period for receiving and considering the views of all interested 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 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 the name and address of the officer or employee of the Federal Government designated to receive the comments.(d)Waiver.—The requirements of subsections (a) and (b) may be waived by the officer authorized to issue a procurement policy, regulation, procedure, or form if urgent and compelling circumstances make compliance with the requirements impracticable.(e)Effectiveness of Policy, Regulation, Procedure, or Form.—(1)Temporary basis.—A procurement policy, 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, procedure, 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 received, the head of the agency waiving the requirements 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.

Notes of Decisions
Cited in 7 cases (6 in the last 5 years), 2020–2023 · leading case: State of Louisiana v. Biden, 55 F.4th 1017 (5th Cir. 2022).
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State of Louisiana v. Biden, 55 F.4th 1017 (5th Cir. 2022). · cites it 2× “14 41 U.S.C. § 1707 . 5 Case: 22-30019 Document: 00516582132 Page: 6 Date Filed: 12/19/2022 No.”
Kristin Mayes v. Joseph Biden, 67 F.4th 921 (9th Cir. 2023). · cites it 3× “The Procurement Policy Act The Office of Federal Procurement Policy Act (“Procurement Policy Act”), 41 U.S.C. § 1707 , 1 states that a “procurement policy, regulation, procedure, or form .”
David Donovan v. Brian Vance, 70 F.4th 1167 (9th Cir. 2023). “(Procurement Act); 41 U.S.C. § 1707 (Procurement Policy Act); 5 U.”
Mayes v. Biden (D. Ariz. 2022). · cites it 4× “Nor did 16 the notice claim that urgent and compelling circumstances merited forgoing the notice-and- 17 comment procedures set forth in the Office of Federal Procurement Policy Act (the 18 “Procurement Policy Act”), 41 U.S.C. § 1707 (d). 19 The next day, September 29, 2021, the…”
Bayaud Enter., Inc. v. US Dep't of Vets. Affairs (D. Colo. 2020). · cites it 3× “The final portion of this section of the brief is entitled “Defendants Violated Other Applicable Rulemaking Procedures,” and contends that the VA also violated 41 U.S.C. § 1707 (a statute governing the Office of Federal Procurement Policy), provisions in the Federal Acquisition…”
Louisiana v. Biden (W.D. La. 2021). · cites it 2× “Plaintiff States argue that 41 U.S.C. § 1707 (a) requires the FAR Memo and the OMB determination to be published in the Federal Register for sixty days before it can take effect.”
Soda v. U.S. Off. of Pers. Mgmt. (D. Maryland 2021). “) Plaintiff brought ten Counts, for violation of the Religious Freedom Restoration Act, the Administrative Procedure Act, 41 U.S.C. § 1707 , and the First and Fifth Amendments to the U.”
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