PART 2101 - FEDERAL ACQUISITION REGULATIONS SYSTEM
Authority: 5 U.S.C. 8716; 40 U.S.C. 486(c); 48 CFR 1.301.
Source: 58 FR 40372, July 28, 1993, unless otherwise noted.
Subpart 2101.1 - Purpose, Authority, Issuance
(a) This subpart establishes Chapter 21, Office of Personnel Management Federal Employees' Group Life Insurance Federal Acquisition Regulation, within title 48, the Federal Acquisition Regulations System, of the Code of Federal Regulations. The short title of this regulation shall be LIFAR.
(b) The purpose of the LIFAR is to implement and supplement the Federal Acquisition Regulation (FAR) specifically for acquiring and administering a contract, or contracts, for life insurance under the Federal Employees' Group Life Insurance (FEGLI) Program.
(a) The LIFAR is issued by the Director of the Office of Personnel Management in accordance with the authority of 5 U.S.C. Chapter 87 and other applicable laws and regulations.
(b) The LIFAR does not replace or incorporate regulations found at 5 CFR part 870, which provide the substantive policy guidance for administration of the FEGLI Program under 5 U.S.C. chapter 87. The following is the order of precedence in interpreting a contract provision under the FEGLI Program:
(1) 5 U.S.C. chapter 87.
(2) 5 CFR part 870.
(3) 48 CFR chapters 1 and 21.
(4) The FEGLI Program contract.
The FAR is generally applicable to contracts negotiated in the FEGLI Program pursuant to 5 U.S.C. chapter 87. The LIFAR implements and supplements the FAR where necessary to identify basic and significant acquisition policies unique to the FEGLI Program.
2101.104-1 Publication and code arrangement.
(a) The LIFAR and its subsequent changes are published in:
(1) Daily issues of the Federal Register; and
(2) The Code of Federal Regulations, in cumulative form.
(b) The LIFAR is issued as chapter 21 of title 48 of the Code of Federal Regulations.
2101.104-2 Arrangement of regulations.
(a) General. The LIFAR conforms with the arrangement and numbering system prescribed by FAR 1.104 and 1.303. However, when a FAR part or subpart is adequate for use without further OPM implementation or supplementation, there will be no corresponding LIFAR part, subpart, etc. The LIFAR is to be used in conjunction with the FAR and the order for use is:
(1) In formal documents, such as legal briefs, citation of Chapter 21 material that has been published in the Federal Register will be to title 48 of the Code of Federal Regulations.
(2) In informal documents, any section of chapter 21 may be identified as “LIFAR” followed by the section number.
Subpart 2101.3 - Agency Acquisition Regulations
(a) Procedures, contract clauses, and other aspects of the acquisition process for contracts in the FEGLI Program shall be consistent with the principles of the FAR. Changes to the FAR that are otherwise authorized by statute or applicable regulation, dictated by the practical realities associated with certain unique aspects of life insurance, or necessary to satisfy specific needs of the Office of Personnel Management, to the extent not otherwise regulated in the FAR, shall be implemented as amendments to the LIFAR and published in the Federal Register, or as deviations to the FAR in accordance with FAR subpart 1.4.
(b) OPM may issue internal procedures, instructions, directives, and guides to clarify or implement the LIFAR within OPM. Clarifying or implementing procedures, instructions, directives, and guides issued pursuant to this section of the LIFAR must:
(1) Be consistent with the policies and procedures contained in this chapter as implemented and supplemented from time to time; and
(2) Follow the format, arrangement, and numbering system of this chapter to the extent practicable.
2101.370 Effective date of LIFAR amendments.
(a) Except as provided in paragraphs (b) and (c) of this section, an amendment to the LIFAR is effective when promulgated or as provided in the amendment.
(b) Except as provided in paragraphs (c) and (d) of this section, if the LIFAR is amended in a manner which would increase the contractor's(s') costs or liabilities under the contract(s), the amendment will be made effective the October 1 subsequent to the amendment's promulgation, unless the contractor(s) agree(s) in writing to an earlier date.
(c) Except as provided for in paragraph (d) of this section, if the LIFAR is amended between July 31 and October 1 in a manner which would increase the contractor's(s') costs or liabilities under the contract(s), the amendment will not be effective until the October 1 in the year following the amendment's promulgation, unless the contractor(s) agree(s) in writing to an earlier date.
(d) Paragraphs (b) and (c) of this section are not applicable to amendments that are necessary to implement new or existing legislation.
(e) OPM will not initiate any changes to the LIFAR during a continuity of services period, as discussed in section 2152.237-70 of this chapter.