OMB Circular A-119 — Federal Use of Voluntary Consensus Standards

OMB Circular A-119 ("Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities," revised January 27, 2016) implements the National Technology Transfer and Advancement Act of 1995 (NTTAA, P.L. 104-113), which directed federal agencies to use voluntary consensus standards (standards developed by private-sector bodies like ANSI, ASTM International, IEEE, NFPA, and ISO) in lieu of government-unique standards wherever feasible. The goal is to avoid duplicative standards development, leverage private-sector expertise and investment, promote interoperability, and remove barriers to international trade.

Before NTTAA and A-119, federal agencies routinely developed their own government-unique technical standards (military specifications, federal specifications) even when industry had already developed equivalent or superior standards through established standards development organizations (SDOs). The result was a fragmented standards landscape that complicated procurement, increased compliance costs for contractors, and created technical barriers to international markets for US exporters.

Legal Authority

• 15 U.S.C. § 272 note — National Technology Transfer and Advancement Act (NTTAA, 1995, Pub. L. 104-113); directs all federal agencies to use voluntary consensus standards in lieu of government-unique standards wherever feasible and consistent with law; requires agencies to participate actively in voluntary consensus standards activities; requires annual reporting to NIST
• 15 U.S.C. § 3701 — Stevenson-Wydler Technology Innovation Act; promotes technology transfer and standardization activities by federal laboratories and agencies; related authority for NIST's role
• OMB Circular A-119 (1998, revised January 27, 2016) — Implements NTTAA; establishes the definition of "voluntary consensus standards," the preference hierarchy for standards selection, agency reporting obligations, and the process for documenting exceptions when agencies choose government-unique standards over consensus standards

Key Mechanics

Under A-119, federal agencies must use voluntary consensus standards (VCS) — standards developed by recognized private-sector bodies (ANSI, ASTM International, IEEE, NFPA, SAE, ISO, IEC) through processes that include openness, balance of interests, due process, an appeals process, and consensus — instead of government-unique standards, wherever technically and economically feasible. When an agency opts to use a government-unique standard rather than an available VCS, it must document and explain the exception. Agencies must also actively participate in the development of voluntary consensus standards relevant to their mission — contributing technical expertise to ensure government interests are reflected in industry standards. NIST serves as the primary technical advisor; each agency designates a Standards Executive responsible for implementation. Annual reports to NIST document which VCS each agency adopted, how many exceptions were taken, and participation in standards development activities. The practical significance: government contractors often work under both federal-unique specifications and industry VCS; A-119 reduces this duplication and promotes use of internationally recognized standards, reducing barriers for U.S. exporters. NIST compiles annual reports to Congress on agency VCS adoption progress.

Overview

What This Circular Requires

Preference for Voluntary Consensus Standards

Agencies must use voluntary consensus standards in procurement, grants, and regulations wherever practicable. A voluntary consensus standard is a standard developed by a private-sector body that:

• Is open to participation by affected parties
• Uses a balanced consensus process (no single interest dominates)
• Includes a public review period and comment process
• Has an appeals mechanism for disputes

ANSI (American National Standards Institute), ASTM International, IEEE, ISO, IEC, NFPA, ASHRAE, and hundreds of other bodies produce voluntary consensus standards. When a recognized SDO has a standard covering the relevant technical area, A-119 requires agencies to use it rather than develop their own.

Exception: Government-Unique Standards

Agencies may develop or use government-unique standards — including military specifications, federal specifications, and agency-specific regulations — when:

• No voluntary consensus standard exists for the technical area
• The available voluntary consensus standard is inadequate for the government's specific needs (safety, security, national security requirements not addressed by the SDO standard)
• Using the voluntary consensus standard would be inconsistent with applicable law or impractical
• The cost-benefit analysis demonstrates that a government-unique standard is more cost-effective

When an agency determines that a voluntary consensus standard is inadequate and develops a government-unique standard, A-119 requires the agency to:

1. Document the reasons for departing from voluntary consensus standards
2. Notify NIST of the decision
3. Participate in the relevant SDO's standards development process to attempt to improve the voluntary consensus standard so that future government needs can be met

Regulatory Incorporation by Reference

Federal agencies frequently incorporate voluntary consensus standards into regulations "by reference" — rather than reprinting the full standard text in the CFR, the regulation says "comply with ASTM D-xxx" or "meet NFPA 70 requirements." This allows regulations to leverage the SDO's ongoing revision process without requiring rulemaking every time the underlying standard is updated.

A-119 addresses two key issues with incorporation by reference:

Accessibility: Standards incorporated by reference must be reasonably accessible to the regulated community. The Office of the Federal Register requires agencies to ensure that incorporated standards are available for inspection and purchase. This creates tension when SDOs charge hundreds or thousands of dollars for standards that become legally mandatory — a recurring criticism of the incorporation-by-reference practice.

Timeliness: When an SDO updates an incorporated standard, agencies must decide whether to amend their regulations to reference the new version. Stale incorporation by reference (pointing to an outdated standard version) is a compliance risk and may mean regulations require adherence to superseded technical approaches.

Federal Participation in Standards Development

A-119 encourages agencies to actively participate in SDO processes — contributing technical expertise to standards development so that voluntary consensus standards adequately address government needs and reduce the need for government-unique standards. NIST coordinates much of this participation, particularly for international standards bodies.

Agencies that participate in SDO processes must ensure their participation is consistent with the SDO's openness and balance requirements — federal employees cannot use their participation to tilt standards toward government preferences in ways that undermine the consensus process.

Conformity Assessment

A-119 also covers conformity assessment — the processes by which compliance with standards is verified (testing, inspection, certification, accreditation). The circular directs agencies to use private-sector conformity assessment infrastructure (accredited testing laboratories, certification bodies) rather than developing government-specific conformity assessment programs where private alternatives exist and are adequate.

This matters for procurement: rather than requiring that contractors demonstrate compliance with a standard through government-specific testing, agencies should accept compliance demonstrated through accredited third-party testing.

Key Provisions

• Section 7 — Agencies must use voluntary consensus standards; departures require documentation and NIST notification
• Section 8 — Criteria for determining when voluntary consensus standards are "inadequate" for government needs
• Section 9 — Requirements for incorporation by reference; accessibility and timeliness obligations
• Section 10 — Agency participation in voluntary consensus standards development processes
• Section 11 — Annual reporting to NIST on voluntary consensus standards use and any government-unique standards developed
• Section 12 — Conformity assessment; preference for private-sector accredited programs

How It Affects You

If you work at a federal agency (program office, regulatory office, procurement): A-119 creates an affirmative obligation to search for voluntary consensus standards before developing government-unique requirements. For procurement, this means your performance work statements should reference applicable SDO standards. For rulemaking, the regulatory analyst must assess whether existing voluntary consensus standards can serve as the technical basis for the rule. Document your analysis — if GAO or an IG reviews your use of government-unique standards, you need to show why voluntary consensus standards were inadequate. NIST's Standards Coordination Office provides guidance and assistance.

If you are an industry standards professional or SDO representative: A-119 creates federal demand for SDO participation — agencies are required to use your standards and to participate in your processes. Federal agency participation in SDO technical committees brings technical expertise and resources but also raises governance questions about how federal interests are balanced against private-sector interests in standards bodies. The incorporation-by-reference mechanism makes your standards legally enforceable but requires maintaining public accessibility.

If you are a federal contractor or regulated entity: Standards incorporated by reference into federal regulations are mandatory — compliance is not optional. Check the current version of incorporated standards, as the CFR may reference an older version than the SDO currently publishes. Accredited third-party testing and certification demonstrating compliance with incorporated standards is generally acceptable to agencies and avoids the cost of government-specific testing requirements. When you disagree with a government-unique standard requirement in a contract, A-119 provides a basis for proposing substitution of a voluntary consensus standard equivalent.

If you are a researcher or policy analyst: The tension between mandatory standards incorporation by reference and standards accessibility (SDOs charge for standards that become legally required) is a live policy debate. Federal agencies that incorporate standards without ensuring free public access may be creating due process problems. NIST's annual reports to Congress on voluntary consensus standards use are publicly available and provide an overview of which agencies are complying with A-119 and which are relying on government-unique standards.

Relationship to Broader Policy

• NIST Cybersecurity Framework: The NIST CSF is itself a voluntary framework developed through a consensus process; it complements A-119 by providing a widely-adopted security framework that agencies and contractors can reference without triggering A-119's mandatory requirements (CSF is a framework, not a standard in the A-119 sense)
• FISMA and security standards: FISMA's security controls (NIST SP 800-53) are government-developed standards; where equivalent ISO/IEC 27000-series standards exist, A-119 analysis applies but national security and government-specific needs typically justify continued use of NIST standards
• Defense standardization: The Department of Defense has its own standardization program (MIL-STDs) with a preference for voluntary consensus standards codified in DoD Instruction 4120.24; this parallels A-119 for the defense procurement context

Recent Developments

• 1995 — NTTAA enacted, directing agencies to use voluntary consensus standards
• 1998 — Original A-119 issued implementing NTTAA
• January 2016 — Revised A-119 issued; updated guidance on conformity assessment, international standards participation, and incorporation by reference accessibility
• Ongoing — NIST publishes annual reports to Congress identifying agency compliance with NTTAA; accessibility of incorporated-by-reference standards remains a recurring concern raised by public interest advocates and the Office of the Federal Register