PART 3401--ED ACQUISITION REGULATION SYSTEM
PART 3401--ED ACQUISITION REGULATION SYSTEM
Sec.
3401.000 Scope of part.
Subpart 3401.1--Purpose, Authority, Issuance
3401.103 Applicability.
3401.104 Issuance.
3401.104-2 Arrangement of regulations.
3401.104-3 Copies.
Subpart 3401.3--Agency Acquisition Regulations.
3401.304 Agency control and compliance procedures.
Subpart 3401.4--Deviations
3401.401 Definition.
3401.403 Individual deviations.
3401.404 Class deviations.
Subpart 3401.5--Agency and Public Participation
3401.501 Solicitation of agency and public views.
3401.501-2 Opportunity for public comments.
Subpart 3401.6--Contracting Authority and Responsibilities
3401.601 General.
AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).
SOURCE: 53 FR 19119, May 26, 1988, unless otherwise noted.
The Federal Acquisition Regulation System brings together, in Title 48 of the Code of Federal Regulations, the acquisition regulations applicable to all executive agencies of the Government. This part establishes a system of Department of Education (ED) acquisition regulations, referred to as the EDAR, for the codification and publication of policies and procedures of ED which implement and supplement the Federal Acquisition Regulation (FAR).
Subpart 3401.1--Purpose, Authority, Issuance
The FAR and the EDAR apply to all acquisitions as defined in FAR Part 2 except where expressly excluded.
3401.104-2 Arrangement of regulations.
The regulations in this chapter may be referred to as the Department of Education Acquisition Regulation or the EDAR. References to the EDAR are made in the same manner as references to the FAR (See FAR 1.104-2(c)).
Copies of the EDAR in the FEDERAL REGISTER and Code of Federal Regulations (CFR) form may be purchased from the Superintendent of Documents, Government Printing Office (GPO), Washington, D.C. 20402.
Subpart 3401.3--Agency Acquisition Regulations
3401.304 Agency control and compliance procedures.
The EDAR is subject to the same review procedures within the Department as other regulations of the Department.
A deviation from the EDAR has the same meaning as a deviation from the FAR.
3401.403 Individual deviations.
An individual deviation from the FAR or the EDAR must be approved by the Head of the Contracting Activity (HCA).
A class deviation from the FAR or the EDAR must be approved by the Procurement Executive.
Subpart 3401.5--Agency and Public Participation
3401.501 Solicitation of agency and public views.
3401.501-2 Opportunity for public comments.
Unless the Secretary of Education (Secretary) approves an exception, the Department issues the EDAR, including any amendments to the EDAR, in accordance with the procedures for public participation in 5 U.S.C. 553.
Subpart 3401.6--Contracting Authority and Responsibilities
Contracting authority vests with the Secretary. The Secretary has delegated this authority to the Deputy Under Secretary for Management who has delegated this authority, with the right to redelegate, to the Procurement Executive and the HCA.
