Page images

PART 1-1-GENERAL Sec. 1-1.000 Scope of part.

Subpart 1-1.0—Regulation System 1-1.001 Scope of subpart. 1-1.002 Purpose. 1-1.003 Authority. 1-1.004 Applicability. 1-1.004-1 Leases of real property. 1-1.005 Exclusions. 1-1.006

Issuance. 1-1.006-1 Code arrangement. 1-1.006–2 Publication. 1-1.006-3 Copies. 1-1.006-4 Coordination. 1-1.007 Arrangement. 1-1.007-1 General plan. 1-1.007-2 Numbering. 1-1.007-3 Citation. 1-1.008 Agency implementation. 1-1.009 Deviation. 1-1.009-1 Description. 1-1.009-2 Procedure. 1-1.010 Interagency Procurement Policy


Subpart 1-1.1-[Reserved)

Subpart 1-1.2-Definition of Terms 1-1.201 Definitions. 1-1.202 Executive agency. 1-1.203 Federal agency. 1-1.204

Head of the agency. 1-1.205 Procuring activity. 1-1.206 Head of the procuring activity. 1-1.207 Contracting officer. 1-1.208 Contract. 1-1.209 Procurement. 1-1.210 [Reserved] 1-1.211 [Reserved] 1-1.212 (Reserved] 1-1.213 [Reserved] 1-1.214 [Reserved] 1-1.215 Government instrumentality. 1-1.216 United States. 1-1.217 Possessions. 1-1.218 Negotiation. 1-1.219 Contract modification. 1-1.220 Procurement item.

Subpart 1-1.3-General Policies 1-1.301 Methods of procurement. 1-1.301-1 Competition. 1-1.301-2 Formal advertising. 1-1.301-3 Negotiation. 1-1.302 Procurement sources. 1-1.302-1 General. 1-1.302-2 Production and research and de

velopment pools. 1-1.302–3 Contracts between the Govern

ment and Government employees or business concerns substantially owned or controlled by Government em

ployees. 1-1.303 Approval signatures. 1-1.304 [Reserved] 1-1.305 Specifications.

Sec. 1-1.305-1 Mandatory use of Federal Specif

cations. 1-1.305-2 Exceptions to mandatory use of

Federal Specifications. 1-1.305-3 Deviations from Federal Specifi

cations. 1-1.305-4 Optional use of Interim Federal

Specifications. 1-1.305-5 Use of Federal and Interim Fed.

eral Specifications in Federal

construction contracts. 1-1.305-6 Military and departmental speci

fications. 1-1.306 Standards. 1-1.306–1 Mandatory use and application

of Federal Standards. 1-1.307 Purchase descriptions. 1-1.307–1 Applicability. 1-1.307-2 General requirements. 1-1.307-3 Commercial, and State and local

government specifications and

standards. 1-1.307-4 Brand name products or equal. 1-1.307-5 Limitations on use of "brand

name or equal” purchase de

scriptions. 1-1.307-6 Invitation for bids, "brand name

or equal” descriptions. 1-1.307–7 Bid evaluation and award,

"brand name or equal" de

scriptions. 1-1.307–8 Procedure for negotiated pro

curements and small pur

chases. 1-1.307-9 Inspection and acceptance. 1-1.308 [Reserved] 1-1.309 [Reserved] 1-1.310 Responsible prospective contrac

tor. 1-1.310-1 Scope. 1-1.310-2 General 1-1.310-3 Applicability. 1-1.310-4 General policy. 1-1.310-5 Standards. 1-1.310-6 Determination of responsibility. 1-1.310–7 Information regarding responsi

bility. 1-1.310-8 Capacity and credit of small

business concerns. 1-1.310-9 Pre-award on-site evaluation. 1-1.310-10 Performance records. 1-1.310-11 Subcontractor responsibility. 1-1.311 Priorities, allocations, and allot

ments. 1-1.312 [Reserved) 1-1.313 Records of contract actions. 1-1.314 Solicitations for informational

or planning purposes. 1-1.315 Use of liquidated damages pro

visions in procurement con

tracts. 1-1.315-1 General. 1-1.315-2 Policy. 1-1.315-3 Contract provisions. 1-1.316 Time of delivery or performance, 1-1.316-1 Scope and applicability. 1-1.316-2 General. 1-1.316-3 Factors to be considered. 1-1.316-4 Terms.

Sec. 1-1.316-5 Time of delivery clauses. 1-1.317 Noncollusive bids and proposals. 1-1.318 Disputes clause. 1-1.318-1 Contracting officer's decision un

der a Disputes clause. 1-1.318-2 Relationship to the Equal Op

portunity clause. 1-1.319 Procurement of items using Jewel

bearings. 1-1.320 Subcontractor gifts and kick

backs. Subpart 1-1.4-Procurement Responsibility and

Authority 1-1.400 Scope of subpart. 1-1.401 Responsibility of the head of the

procuring activity. 1-1.402 Authority of contracting oficers. 1-1.403 Requirements to be met before

entering into contracts. 1-1.404 Selection, designation, and ter

mination of designation of con

tracting officers. 1-1.404-1 Selection. 1-1.404–2 Designation. 1–1.404–3 Termination of designation. 1–1.404-4 Assignment of duties to contract

ing officers. 1-1.405 Ratification of unauthorized con

tract awards. Subpart 1-1.5-Contingent Fees 1-1.500 Scope of subpart. 1-1.501 Applicability. 1-1.502 Improper influence. 1-1.503 Covenant. 1-1.504 General principles and standards

applicable to the covenant. 1-1.504-1 Use of principles and standards. 1-1.504-2 Contingent character of the fee. 1-1.504-3 Exceptions to the prohibition. 1-1.5044 Bona fide employee. 1-1.504-5 Bona fide established commer

cial or selling agency maintained by the contractor for the purpose of securing busi

ness. 1-1.504-6 Fees for "information." 1-1.505 Representation and agreement

required from prospective con

tractors. 1-1.506 Interpretation of the representa

tion. 1-1.507 Use of Standard Form 119. 1-1.507-1 Form prescribed. 1-1.507-2 Statement in lieu of form. 1-1.507-3 Exceptions. 1-1.508 Enforcement. 1-1.508-1 Failure or refusal to furnish rep

resentation and agreement. 1-1.508-2 Failure or refusal to furnish

Standard Form 119. 1-1.508-3 Misrepresentations or violation

of the covenant against con

tingent fees. 1-1.509 Preservation of records.

Subpart 1-1.6-Debarred, Suspended, and

Ineligible Bidders Sec. 1-1.600 Scope of subpart. 1-1.601 General. 1-1.601-1 Definitions. 1-1.602 Establishment and maintenance

of list of concerns or individuals debarred, suspended, or

declared ineligible. 1-1.602-1 Bases for entry on the debarred,

suspended and ineligible list. 1-1.603 Treatment to be accorded firms

or individuals in debarred,

suspended, or ineligible status. 1-1.604 Causes and conditions applicable

to determination of debarment

by an executive agency. 1-1.604-1 Procedural requirements relat

ing to the imposition of de

barment. 1-1.605 Suspension of bidders. 1-1.605–1 Causes and conditions under

which executive agencies may

suspend contractors. 1-1.605-2 Period and scope of suspension. 1-1.605-3 Restrictions during period of

suspension. 1-1.605-4 Notice of suspension. 1-1.606 Agency procedure. 1-1.607 General Services Administration

responsibility. Subpart 1-1.7—Small Business Concerns 1-1.700 General. 1-1.701 Definitions. 1-1.701-1 Small business concern (for Gov

ernment procurement). 1-1.701-2 Affiliates. 1-1.701–3 Dominance in field of operation. 1-1.701-4 Small business Government sub

contractors. 1-1.701-5 Number of employees. 1-1.701-6 Industry. 1-1.701-7 Certificate of competency. 1-1.701-8 Set-aside for small buisness. 1-1.701-9 Small business restricted adver

tising. 1-1.701-10 Base maintenance. 1-1.702 Small business policies. 1-1.703 Determination of status as a

small business concern. 1-1.703-1 Representation by bidder or of

feror. 1-1.703-2 Protest regarding small business

status. 1-1.704

Agency program direction and

operation. [Reserved for use

by individual agencies] 1-1.705 Cooperation with the Small

Business Administration. 1-1.705–1 General. 1-1.705-2 SBA representatives. 1-1.705–3 Screening of procurements. 1-1.705-4 Access to information. 1-1.705-5 Joint small business set-asides. 1-1.705-6 Certificates of competency. 1-1.705–7 Performance of contract by SBA. 1-1.706 Procurement set-asides for small


Sec. 1-1.706-1 1-1.706-2



1-1.706-5 1-1.706-6 1-1.706-7

1-1.706-8 1-1.707 1-1.708

Review of SBA set-aside pro-

posals. Withdrawal or modification of

set-asides. Reporting for Department of

Commerce Procurement Syn

opsis. Total set-asides. Partial set-asides. Automatic dissolution of set

asides, Contract authority. [Reserved] Certificate of competency pro

gram. General. Applicability and procedure. Conclusiveness of certificate of

competency. Records and reports. Subcontracting with small busi

ness concerns. General. Small business subcontracting

program. P.equired clauses. Review of subcontracting pro

gram. Federal Supply Schedule con


1-1.708-1 1-1.708–2 1-1.708-3

Sec. 1-1.806-5 Textile industry (Notification

No. 38). 1-1.807 Records and reports. Subpart 1-1.9-Reporting Possible Antitrust

Violations 1-1.901 General. 1-1.902 Documents to be transmitted. 1-1.903 Additional information. Subpart 1-1.10—Publicizing Procurement

Actions 1-1.1001 General policy. 1-1.1002 Availability of invitations for

bids and requests for pro

posals. 1-1.1003 Synopses of proposed procure

ments. 1-1.1003-1 Department of Commerce Syn

opsis. 1-1.1003–2 General requirements. 1-1.1003–3 Research and development. 1-1.1003–4 Synopses of subcontract oppor

tunities. 1-1.1003–5 Pre-invitation notices. 1-1.1003-6 Time of publicizing. 1-1.1003–7 Preparation and transmittal. 1-1.1004 Synopses of contract awards. 1–1.1004-1 Preparation and transmittal. 1-1.1005 Classification codes. 1-1.1005-1 Codes for services. 1-1.1005-2 Codes for supplies.

Subpart 1-1.11-Qualified Products 1-1.1101 Procurement of qualified prod


1-1.709 1-1.710

1-1.710-1 1-1.710–2

1-1.710-3 1-1.710-4


Subpart 1-1.8-Labor Surplus Area Concerns 1-1.800 Scope of subpart. 1-1.801 Definitions. 1-1.801-1 Labor surplus area concerns. 1-1.801-2 Larbor surplus area. 1-1.801-3 Small business concern. 1-1.802 Labor surplus area policies. 1-1.802-1 General policy. 1-1.802-2 Specific policies. 1-1.802-3 Buy American Act. 1-1.803 [Reserved] 1-1.804 Partial set-asides for labor sur

plus area concerns, 1-1.804-1 General. 1-1.804-2 Notice to bidders or offerors. 1-1.804-3 Award procedures. 1-1.804-4 Withdrawal of set-asides. 1-1.804-5 Contract authority. 1-1.805 Subcontracting with labor sur

plus area concerns. 1-1.805-1 General. 1-1.805-2 Labor surplus area subcontract

ing program. 1-1.805-3 Required clauses. 1-1.805-4 Review of subcontracting pro

gram. 1-1.806 Depressed industries. 1-1.806-1 General. 1-1.806-2 Apparel industry (Notification

No. 53). 1-1.806-3 Petroleum and petroleum prod

ucts industry (Notification No.

58). 1-1.806–4 Shipbuilding industry (Notifica

tion No. 57).

Subpart 1-1.12 [Reserved)
Subpart 1-1.13 [Reserved)
Subpart 1-1.14 [Reserved]

Subpart 1-1.15 [Reserved] Subpart 1-1.16 Reports of Identical Bids 1-1.1601 General. 1-1.1602 Definitions. 1-1.1603 Reporting requirements. 1-1.1603-1 Cases to be reported. 1-1.1603–2 Preparation of reports. 1-1.1603-3 Submission of reports. 1-1.1604 Supplemental requests by Attor

ney General. 1-1.1605 Information to be obtained from

bidders. 1-1.1605-1 Invitation for bids provision. 1-1.1605-2 Failure to provide information.

Subpart 1-1.17 [Reserved)
Subpart 1-1.18—Postaward Orientation

of Contractors 1-1.1800 Scope of subpart. 1-1.1801 [Reserved] 1-1.1802 Policy. 1-1.1803 { Postaward orientation confer

ences, 1-1.1803–1 Factors. 1-1.1803–2 Initial action. 1-1.1803–3 Agenda. 1-1.1803–4 Participants.

1-1.1803–5 Conference procedure.
1-1.1804 Subcontract conferences.
1-1.1805 Reports.
1-1.1806 Postaward letters.

AUTHORITY: The provisions of this Part 1-1 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: The provisions of this part 1-1 appear at 29 F.R. 10104, July 24, 1964, unless otherwise noted. § 1-1.000 Scope of part.

This part sets forth policies and procedures concerning: the Federal Procurement Regulations System; definition of terms used throughout this chapter; general policies of procurement; contingent fees; debarred and inelig bidders; small business concerns; labor surplus area concerns; reporting possible antitrust violations; publicizing procurement actions; and qualified products.

Subpart 1-1.0—Regulation System § 1-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Federal Procurement Regulations System; its purpose, authority, applicability, issuance, arangement, implementation, and deviation procedure. § 1-1.002 Purpose.

This subpart establishes the Federal Procurement Regulations System for the codification and publication of uniform policies and procedures applicable to Federal agencies in the procurement of personal property and nonpersonal seryices (including construction) and the procurement of real property by lease, except as limited by the provisions of § 1-1.004. The system includes regulations prescribed by the Administrator of General Services, called the Federal Procurement Regulations (FPR), as well as individual agency procurement regulations which implement and supplement the FPR. (30 F.R. 8217, June 26, 1965) § 1-1.003 Authority.

The Federal Procurement Regulations System is prescribed by the Administrator of General Services under the Federal Property and Administrative Seryices Act of 1949, as amended, and the FPR are developed in cooperation with the procurement agencies and are issued

by him under the Act or other authority specially cited. § 1-1.004 Applicability..

Federal Procurement Regulations apply to all Federal agencies to the extent specified in the Federal Property and Administrative Services Act of 1949, as amended, or in other law. Except for standard Government forms and clauses, Federal Specifications and Standards, and except as directed by the President, Congress, or other authority, these Regulations are not made manadatory on the Department of Defense. Therefore, the extent of their implementation within the Department of Defense and participation in the System will be determined by that Department. The Regulations apply to procurements made within and outside the United States unless otherwise specified. § 1-1.004–1 Leases of real property.

The FPR apply to leases of real property only to the extent explicity stated in specific FPR provisions. Suparts 11.0 and 1-1.2 apply to leases of real property. [30 F.R. 8217, June 26, 1965] § 1-1.005 Exclusions.

Certain Governmentwide policies and procedures which come within the scope of this chapter nevertheless may be excluded from Federal Procurement Regulations. These exclusions include the following categories:

(a) Subject matter which bears a security classification.

(b) Policy or procedure which is expected to be effective for a period of less than six months.

(c) Policy or procedure which is being instituted on a experimental basis for a reasonable period. § 1-1.006 Issuance. § 1-1.006-1 Code arrangement.

Federal Procurement Regulations are issued in the Code of Federal Regulations as Chapter I of Title 41, Public Contracts. Succeeding chapters of Title 41 are devoted to implementing and supplementing material developed and issued by particular Federal agencies to govern their procurement activities, as well as regulations of general application to procurement agencies issued by other Federal regulatory agencies, such as the

[ocr errors]


Department of Labor under the WalshHealey Public Contracts Act. § 1-1.006–2 Publication.

Federal Procurement Regulations are published (in Title 41) in the daily issue of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations, and in separate loose-leaf volume form. § 1-1.006–3 Copies.

Copies of Federal Procurement Regulations in Federal Register and Code of 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. Copies of Federal Procurement Regulations in loose-leaf volume form may be obtained by Federal agencies from the General Services Administration, in a very limited quantity, and may be purchased by the public from the Superintendent of Documents. § 1-1.006–4 Coordination.

In the development of Federal Procurement Regulations, there will be solicited the views of interested Federal agencies and, where appropriate and feasible, the views of interested business and professional organizations. The Regulations will be coordinated with the Small Business Administration to assure adequate consideration of small business interests. & 1-1.007 Arrangement. § 1-1.007–1 General plan.

The general plan, numbering system, and nomenclature used in the Federal Procurement Regulations conform with Federal Register standards approved for the FPR. § 1-1.007–2 Numbering.

The numbering system permits identification of every unit. The first digit represents the chapter number allocated to each agency, followed by a dash. This is followed by the part number which may be one or more digits followed by a decimal point. The numbers after the decimal points represent, respectively, the subpart, section (in two digits), and, after the dash, subsection, paragraph, subparagraph, and further inferior divisions. For example, this division is called (section) “1-1.007–2," in which the first digit denotes the chapter, the second the part, the third the

subpart, the fourth and fifth the section and the sixth the subsection. § 1-1.007–3 Citation.

Federal Procurement Regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the Federal Procurement Regulations, should be cited as “g 11.007–3 of this chapter.” When this section is referred to formally in official documents, such as legal briefs, it should be cited as “41 CFR 1-1.007-3." Any section of Federal Procurement Regulations may be informally identified, for purposes of brevity, as "FPR” followed by the section number, such as "FPR 1-1.007-3." 8 1-1.008 Agency implementation.

As portions of FPR material are prescribed, agencies shall publish in the FEDERAL REGISTER implementing regulations deemed necessary for business concerns, and others properly interested, to understand basic and significant agency procurement policies and procedures which implement, supplement, or deviate from the FPR. Detailed instructions of interest primarily for internal agency guidance need not be published. Implementing regulations shall be prepared to conform with FPR style and arrangement. 8 1-1.009 Deviation. § 1-1.009–1 Description.

As used in these Regulations, the term "deviation" includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form, except as may be authorized in the Regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or


« PreviousContinue »