Subpart 19-60.4-Rules

§ 19-60.401 Adoption of the Rules of the ASBCA.

In acting under this designation, the ASBCA is authorized to follow the rules contained in Appendix A to the Armed Services Procurement Regulations, Title 32 Code of Federal Regulations 30.1, which are hereby adopted as amended. § 19-60.402 Amendment to rules for Agency application.

The following amendments to Part 2-Rules of the ASBCA shall be effective whenever such rules pertain to appeals arising from Agency contracts.

(a) Preface to rules of the Armed Services Board of Contract Appeals (Summary of Pertinent Charter Provisions) delete all references to the Secretary of Defense and the Secretaries of the Military Departments and substitute therefor the words "Director, U.S. Information Agency".

(b) Preface to rules of the Armed Services Board of Contract Appeals (Summary of Pertinent Charter Provisions) delete in its entirety the third paragraph pertaining to the requirement of the Secretary of Defense or the Secretary of a Military Department to personally render a decision on a matter in dispute based on findings and recommendations submitted by the ASBCA.

(c) Preliminary procedures, paragraph 3 (Forwarding Appeals)—after the word "Board" at the end of the first sentence, insert a comma in lieu of the period and add immediately thereafter the words "through the Office of the General Counsel, U.S. Information Agency".

(d) Preliminary procedures, paragraph 4 (Duties of the Contracting Officer)delete the words "and to the Government Trial Attorney” and add in lieu thereof the words "through the Office of the General Counsel, U.S. Information Agency".

Part

22-1 General.

22-60 Contract appeals.

tive Office of the President. This system is based upon the Federal Property and Administrative Services Act of 1949, and is comprised of the Federal Procurement Regulations (referred to herein as FPR), and Office of Economic Opportunity Procurement Regulations (referred to herein as OEOPR, which are hereby established). This part describes the method by which the Office of Economic Opportunity implements, supplements, and may deviate from the FPR, and sets forth policies and procedures which implement and supplement the FPR.

Subpart 22-1.0—Introduction § 22-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Office of Economic Opportunity Procurement Regulations (herein identified as OEOPR). It explains the purpose of the OEOPR, the authority under which they are issued, their relationship to the Federal Procurement Regulations, and their applicability, method of issuance, exclusions, and arrangement. It also outlines procedures for implementing, supplementing, and deviating from the FPR. § 22-1.002 Purpose.

The Federal Procurement Regulations, as implemented, supplemented, or deviated from by the Office of Economic Opportunity Procurement Regulations set forth in this chapter, are hereby designated as the authorized regulations

governing the procurement of property, rights, and services (including construction) necessary to the operations of the Office of Economic Opportunity, Executive Office of the President.

§ 22-1.003 Authority.

(a) The Office of Economic Opportunity Procurement Regulations (OEOPR) are prescribed pursuant to Title III of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and section 602 (n) of Public Law 88-452, as amended and the authority delegated to the Director of Contracts.

(b) Procurement instructions and procedures which are necessary to implement, supplement, or deviate from the FPR, will be issued in the OEOPR by the Director of Contracts, when necessary to accomplish Office of Economic Opportunity procurement objectives.

procurement actions, except as otherwise specified herein; however, existing Office of Economic Opportunity procurement regulations, procedures, instructions, and requirements, not in conflict with FPR, will remain in effect until superseded by an appropriate OEOPR, or otherwise rescinded.

§ 22-1.005 Exclusions.

(a) Certain Office of Economic Opportunity procurement policies and procedures which come within the scope of this Chapter 22 nevertheless may be excluded when justified. These exclusions may include the following categories:

(1) Policies or procedures effective for a period of less than 6 months.

(2) Policies or procedures effective on an experimental basis for a reasonable period.

(3) Policies and procedures pertaining to other functions of the Office of Economic Opportunity as well as to procurement functions, and where there is need to make the issuance available to all Office of Economic Opportunity employees concerned.

(4) Where speed of issuance is essential, and numerous changes required in this Chapter 22 cannot be made promptly.

(b) Procurement policies and procedures issued under the authority of paragraph (a) (3) and (4) of this section will be codified into this Chapter 22 at the earliest practicable date, but in any event not later than six months from date of issuance.

Federal Regulations form may be purchased by Federal agencies and the public, at nominal cost from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. § 22-1.007 Arrangement. § 22-1.007-1 General plan.

The Office of Economic Opportunity Procurement Regulations (OEOPR) employ the same numbering system and nomenclature as the Federal Procurement Regulations and conform with FEDERAL REGISTER Standards approved for the FPR.

§ 22-1.007-2 Numbering.

(a) This Chapter 22 has been allocated to the Office of Economic Opportunity for implementing, supplementing, and deviating from Chapter 1 of this Title 41 CFR, the Federal Procurement Regulations.

(b) Where the OEOPR implements (or deviates from) a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of OEOPR will be numbered (and captioned) to correspond to the part, subpart, section, or subsection of Chapter 1 of this title, CFR, the FPR.

(c) Where the subject matter contained in a part, subpart, section, or subsection of FPR requires no implementation, the OEOPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs.

(d) OEOPR's which supplement the FPR will be assigned an appropriate number and title different from any assigned to an FPR.

§ 22-1.007-3

Citation.

The Office of Economic Opportunity Procurement Regulations will be cited in accordance with FEDERAL REGISTER standards approved for the FPR. Thus this section, when referred to in sections of the Office of Economic Opportunity Procurement Regulations, should be cited as "§ 22-1.007-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 22-1.007-3." Any section of Office of Economic Opportunity Procurement Regulations may be informally identified, for purposes of brevity, as OEOPR followed by the section number, i.e., "OEOPR 22-1.007-3."

§ 22-1.008 Agency implementation. § 22-1.008-1 Suffixes.

OEOPR's which may be issued to provide for special requirements of individual programs will be identified by alphabetical suffixes to the appropriate digit 22 part, subpart, section, and subsection. Such suffixes will be assigned when regulations of this type are issued.

§ 22-1.009 Deviations.

Deviations from the FPR and OEOPR shall be kept to a minimum and controlled as follows:

(a) Deviations in both individual cases and classes of cases must be approved in advance by the Director of Contracts. Requests for approval of such deviations may be initiated by Contracting Officers. They shall be submitted to the Director of Contracts. Requests shall cite the specific parts of the FPR and OEOPR from which it is desired to deviate, shall set forth the nature of the deviations, and shall give the reasons for the action requested.

(b) If a requested deviation is considered appropriate, approval will be accomplished as follows:

(1) Where the deviation applies to an individual case, approval will be granted by memorandum addressed to the requesting officer with copies to interested offices. The contract file of the requesting office shall include a copy of the request and approval.

(2) Where the deviation applies to a class of cases, necessary coordination with the General Services Administration will be accomplished by the Director of Contracts. Such class deviations will be issued as a part of OEOPR.

(3) Where circumstances preclude the obtaining of prior concurrence of the GSA, to a class of cases, the Director of Contracts may authorize a deviation. In such an instance, the Director of Contracts shall inform the GSA of the deviation and circumstances under which it was required.

(c) The requesting office will be notified by memorandum, with copies to other interested offices, whenever a requested deviation is disapproved.

(d) In emergency situations involving individual cases, deviation approvals may be processed by telephone and later confirmed in writing.

(e) Requests for deviations may be made at any time. New FPR issuances should be reviewed upon receipts, so that