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AGENCY:
Office of the Secretary, USDA.
ACTION:
Final rule.
SUMMARY:
This United States Department of Agriculture (USDA) amends the Agriculture Acquisition Regulation (AGAR) to align the AGAR with changes to acquisition law, regulations, and internal USDA policies since the AGAR's last major revision in 1996.
DATES:
Effective November 6, 2024.
ADDRESSES:
The docket for this rulemaking is available for review at https://www.regulations.gov/document/USDA-2024-0005-0001. The docket for the final rule includes comments and other supporting documents/materials. For further information on how to review the docket, email the point of contact in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.
FOR FURTHER INFORMATION CONTACT:
Crandall Watson, Procurement Policy Division, Office of Contracting and Procurement, USDA, Telephone: (202) 617-7067; Email: Procurement.Policy@usda.gov.
SUPPLEMENTARY INFORMATION:
This final rule is necessary to update the AGAR located in 48 CFR parts 401 through 499.
I. Background
The AGAR implements the Federal Acquisition Regulation (FAR) (48 CFR ch. 1) where further implementation is needed, and supplements the FAR when coverage is needed for subject matter not covered by the FAR. USDA identified parts of the AGAR which required updating or streamlining based on updates to acquisition law, regulations, and internal USDA policies. USDA's review indicated that almost all parts of the AGAR required revision. Accordingly, USDA reviewed and revised substantially all parts of the AGAR and published a proposed rule (89 FR 60582) on July 26, 2024. After a 30-day comment period ending August 26, 2024, USDA received feedback from five commentors on the proposed rule.
Summary of Comments: All commentors generally supported the proposed rule and two commentors provided suggestions to strengthen the rule for clarity. No commenters disagreed with the goal of the rule to update the AGAR. The comments are summarized below. One commentor recommends USDA prohibit commercial operations on public lands and waters as the commentor believes it would better protect public lands, eliminate most corruption, and give the public better experiences and access to their lands. USDA recommends the commentor contact the Bureau of Land Management (BLM) within the Department of the Interior on their recommendation since Public lands, as defined in 43 U.S.C. 1702, means “any land and interest in land owned by the United States . . . and are administered by the Secretary of the Interior through the BLM.”
Two commentors expressed strong support for the proposed amendments to the Agriculture Acquisition Regulation (AGAR) and had no recommended changes.
One commentor is silent on the AGAR document and only requests consideration for employment opportunity. USDA recommends the commentor obtain information on federal job eligibility and job opportunities at USAJOBS—The Federal Government's official employment site.
One commentor is not averse to the AGAR updates but provided thoughts on additional topics and associated clauses that could be added to the AGAR. USDA will address much of this with our Office of General Counsel and update in a later version of the AGAR or in our internal guidance if USDA supports the proposals. One exception is that the final rule updates the AGAR to immediately add line items clarifications in the clause located at 452.232-70 by adding a table that shows how applicable contract line item numbers (CLINs) are incrementally funded in part (a) of the clause. The additional table will appear as follows:
| Line item | Description | Total contract value | Funded amount | Unfunded amount | Funding date |
|---|---|---|---|---|---|
| (Add line items as needed) |
| Line item | Description | Total contract value | Funded amount | Unfunded amount | Funding date |
|---|---|---|---|---|---|
| (Add line items as needed) |