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SOURCE: The provisions of this Subpart 89-1.1 appear at 28 F.R. 10879, Oct. 10, 1963, unless otherwise noted.
§ 39-1.101 Purpose.
This subpart establishes a system of Post Office Department Procurement Regulations (PODPR) for the codification and publication of policies and procedures for procurement by the Post Office Department (POD) which is subject to the Federal Property and Administrative Services Act of 1949, as amended.
PODPR are issued in compliance with the Federal Procurement Regulations System prescribed by the Administrator of General Services under the Federal Property and Administrative Services Act of 1949, as amended.
§ 39-1.103 Relation to Federal Procurement Regulations System.
The Federal Procurement Regulations System is designed to bring together, under Title 41, Subtitle A, of the Code of Federal Regulations, the procurement regulations applicable to all civilian agencies of the Government. Federal Procurement Regulations (FPR) are Chapter 1. Chapter 39 is assigned for the procurement regulations of the POD. Parts 1 through 49 of PODPR (Chapter 39) will be used to implement or supplement the policies and procedures included in FPR. Material issued in the
first 49 parts of PODPR will be numerically keyed to the corresponding sections of FPR. Parts 50 through 99 of PODPR will be used for procurement policies and procedures for which there is no counterpart in FPR. The numbering system -established by § 1-1.107-2 of this title will be utilized to the maximum practicable extent in PODPR.
§ 39-1.104 Content.
Chapter 39 will contain procurement policies and procedures, prescribed by the Assistant Postmaster General, Bureau of Facilities for uniform application throughout the POD, including the Postal Field Service.
§ 39-1.105 Applicability.
Except where a deviation is specifically authorized in accordance with § 39-1.110 or otherwise authorized by law, Departmental and field employees engaged in procurement activities shall comply with the policies and procedures set forth in FPR and PODPR. Other POD regulations affecting procurement will remain in effect until such time as they are rescinded, lapsed or are incorporated in PODPR.
§ 39-1.106 Exclusions.
Procurement policy or procedure which bears a security classification or is expected to be in effect for less than six months or which is instituted on an experimental basis will not be included in PODPR.
Regulations. Copies of PODPR, as published in the FEDERAL REGISTER and the Code of Federal Regulations, may be purchased by the public from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. § 39-1.107-3 Coordination.
Responsibility for the development of Chapter 39 of PODPR is assigned to the Assistant Postmaster General, Bureau of Facilities. In developing the regulations, this Bureau will solicit the views of the Bureaus and Offices concerned. The Office of General Counsel shall be responsible for determining the legality of all proposed regulations and policy and for making arrangements for the publication of these regulations and any subsequent implementation thereof in the FEDERAL REGISTER.
§ 39-1.108 Citation.
Any section of PODPR may be informally identified in internal instructions or correspondence by "PODPR” followed by the section number, as for example PODPR 39-1.108. Only those sections of the regulations which have been published in the FEDERAL REGISTER may be incorporated in contracts by reference. Such sections should be cited as "41 CFR" followed by the section number as "41 CFR 39–1.108”.
§ 39-1.109 Bureau or office implementation.
Bureaus and Offices may supplement or implement the FPR and PODPR with internal instructions subject to the prior review and concurrence of the Assistant Postmaster General, Bureau of Facilities, and the Office of General Counsel. The purpose of this review is to ascertain that such instructions are consistent with FPR and PODPR, and that they do not contain material which should be issued as PODPR. A copy of each such instruction shall be furnished to the Procurement Division, Bureau of Facilities. Bureaus or Offices shall prepare for publication in the FEDERAL REGISTEG Such instructions, which implement or supplement FDR or PODPR, as are considered to be of interest to the general public. Such material shall be first submitted to the Assistant Postmaster General, Bureau of Facilities, for review and concurrence. Such material will thereafter be reviewed for legal sufficiency by the Office of General Counsel. When all necessary Bureau or Office concurrences have been
Deviations (as described in § 1-1.0091 of this title) shall be kept to a minimum and shall be controlled as follows: (a) The Assistant Postmaster General, Bureau of Facilities, is authorized to approve deviations from FPR, to the extent authorized by FPR, and PODPR in individual cases when such action is clearly in the best interest of the Department. A record of the nature of each such deviation and the justification therefor shall be included in the contract file. A copy of each authorized deviation shall be sent to and retained by the Procurement Division, Bureau of Facilities. Any deviation must be approved in advance by the Assistant Postmaster General, Bureau of Facilities, and handled in the following manner.
(1) Request for deviation may be initiated by the contracting officer of any procuring activity of the Department or Postal Field Service. A request shall cite the specific part or section of FPR or PODPR from which it is desired to deviate, shall set forth the nature of the deviation, and shall give the reasons why such action is considered necessary or desirable. Request shall be routed through the head of the procuring activity for concurrence or additional comments. If the initiating office is at a field location, the request shall be routed through the cognizant Washington office of the Bureau or Office concerned. After the indicated concurrence has been obtained, requests shall be submitted to the Assistant Postmaster General, Bureau of Facilities.
(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 contracting officer with copies to interested Bureaus and Offices and the Procurement Division, Bureau of Facilities. 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 Bureau of Facilities after consultation with the
Office of Research and Engineering, if necessary. The deviation may be issued as a part of PODPR. The Bureau or Office concerned may be authorized to issue internal instructions which incorporate the deviation consistent with § 1.109 of this title.
(c) When any deviation in a contract form provision is authorized, physical change may not be made in the printed form but shall be made by appropriate provision in the schedule, specifications or continuation sheet, as provided in the Department's procedures.
(d) The requesting office will be notified by memorandum, with copies to other interested Bureaus or Offices and the Procurement Division, Bureau of Facilities, whenever a requested deviation is disapproved.
(e) In emergency situations involving individual cases, deviation clearance may be handled by telephone or telegraph and later confirmed in writing.
(f) Requests for deviation may be made at any time, but contracting officers are urged to review new FPR releases as they are issued so that requests for deviation can be considered prior to the effective date of the FPR.
Subpart 39-1.3-General Policies AUTHORITY: The provisions of this Subpart 39-1.3 issued under R.S. 161, as amended, sec. 205, 63 Stat. 390; 5 U.S.C. 301, 39 U.S.C. 501, 40 U.S.C. 486.
§ 39-1.305-3 Deviations from Federal Specifications.
The Director, Procurement Division, Bureau of Facilities, or Acting Director, is authorized to approve deviations from Federal Specifications. This delegation of authority may not be redelegated. Deviations shall be kept to a minimum and controlled as follows:
(a) The Director, Procurement Division, Bureau of Facilities, or Acting Director, is authorized to approved deviations from Federal Specifications in individual cases when such action is clearly in the best interests of the Department. A record of the nature of each such deviation and the justification therefor shall be included in the contract file. Any deviation must be approved in advance of solicitation by the Director, Procurement Division, Bureau of Facili