§ 287.1 - Purpose and scope of this part.

§ 287.1 Purpose and scope of this guidancepart.

(a) This part provides guidance for each Federal agency to use in evaluating the efficacy and efficiency of its conformity assessment activities. Each agency should coordinate its outlines Federal agencies' responsibilities for using conformity assessment to meet respective agency requirements in an efficient and cost-effective manner for the agency and its stakeholders. To reduce unnecessary complexity and make productive use of Federal resources, this part emphasizes that agencies should consider coordinating conformity assessment activities with those of other appropriate government agencies (Federal, State, and local) and with those of in the private sector to reduce unnecessary duplication. This guidance is intended to help Federal agencies improve the management and coordination of their own conformity assessment activities with respect to other government entities and the private sector. This will help ensure more productive use of the increasingly limited Federal resources available to conduct conformity assessment activities. This will also support the role of the U.S. Government in pursuing international trade and other related negotiations and agreements with foreign countries and U.S. industry in pursuing agreements with foreign national and international private sector organizations.

(b) This guidance applies to all agencies,

.

(b) Using conformity assessment in a manner consistent with this part supports U.S. Government efforts to meet trade obligations and demonstrate good regulatory practices, which reduces unnecessary obstacles to international trade and improves market access for products and services.

(c) This part applies to all agencies which set policy for, manage, operate, or use conformity assessment

activities and results, both domestic and international, except for activities carried out pursuant to treaties

. (c) This guidance part does not preempt the agencies' authority and responsibility to make regulatory or procurement decisions authorized by statute or required to meet regulatory, procurement, or programmatic objectives and requirements. These decision-making activities include: determining the level of acceptable regulatory or procurement risk; setting the level of protection; balancing risk, cost, and availability of technology and technical resources (where statutes permit) in establishing regulatory and , procurement objectives; and determining or implementing procurement or regulatory requirements necessary to meet programmatic or regulatory objectives. , and program requirements.

(d) Each agency retains broad discretion in its selection and use of

regulatory and procurement

conformity assessment

practices

activities and may elect not to use or recognize alternative conformity assessment

practices

approaches if the agency deems

them

the alternatives to be inappropriate, inadequate, or inconsistent with statutory criteria or programmatic objectives and requirements. Nothing contained

herein

in this part shall give any party any claim or cause of action against the Federal

government

Government or any agency thereof. Each agency remains responsible for representation of the agency's views on conformity assessment in matters under its jurisdiction. Each agency also remains the primary point of contact for information on the agency's regulatory

and

, procurement, or programmatic conformity assessment actions.