« PreviousContinue »
proposals, award, administration, or settlement of contracts.
(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure. f 19–1.108–2 Procedure.
In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the Federal Procurement Regulations System shall be kept to a minimum and controlled as follows:
(a) In individual cases, deviations from the FPR and IAPR shall be authorized by the Assistant Director for Administration or the Chief of the Contract and Procurement Division (IOA/C). This authority may not be redelegated.
(1) A supporting statement for each deviation which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.
(2) A copy of the supporting statement for each deviation shall be forwarded to the Chief of the Contract and Procurement Division.
(b) In classes of cases, deviations will be considered on an expedited basis jointly by the Chief, Contract and Procurement Division, and the General Services Administration unless, in the considered judgment of the Chief, Contract and Procurement Division, circumstances preclude such joint effort, in which case he will notify the General Services Administration of the deviation.
CHAPTER 39–POST OFFICE DEPARTMENT
8 39–1.105 Applicability. Subpart 39–1.1-Post Office Depart.
Except where a deviation is specifically
authorized in accordance with $ 39–1.110 ment Procurement Regulations Sys
or otherwise authorized by law, Departtem
mental and field employees engaged in procurement activities shall comply with
the policies and procedures set forth in 39-1.101 Purpose.
FPR and PODPR. Other POD regula39-1.102 Authority.
tions affecting procurement will remain 89–1.108 Relation to Federal Procurement
in effect until such time as they are reRegulations System.
scinded, lapsed or are incorporated in 89–1.104 Content.
PODPR. 89-1.105 Applicability. 39-1.106 Exclusions.
& 39–1.103 Relation to Federal Procure39-1.107 Issuance. 39_1.107-1 Internal.
ment Regulations System. 39–1.107-2 Public.
The Federal Procurement Regulations 39–1.107-3 Coordination.
System is designed to bring together, 39-1.108 Citation. 89–1.109 Bureau or Office Implementation.
under Title 41, Subtitle A, of the Code of 39–1.110 Deviation.
Federal Regulations, the procurement
regulations applicable to all civilian AUTHORITY: The provisions of this Part
agencies of the Government. Federal 39–1 issued under R.S. 161, as amended; 6 Procurement Regulations (FPR) are U.S.C. 22, 39 U.S.C. 501.
Chapter 1. Chapter 39 is assigned for SOURCE: The provisions of this part 89_1
the procurement regulations of the POD. appear at 28 F.R. 10879, Oct. 10, 1963.
Parts 1 through 49 of PODPR (Chapter 39) will be used to implement or supple
ment the policies and procedures in$ 39–1.101 Purpose.
cluded in FPR. Material issued in the This subpart establishes a system of first 49 parts of PODPR will be numeriPost Office Department Procurement cally keyed to the corresponding sections Regulations (PODPR) for the codifica of FPR. Parts 50 through 99 of PODPR tion and publication of policies and pro will be used for procurement policies and cedures for procurement by the Post procedures for which there is no counterOffice Department (POD) which is sub part in FPR. The numbering system ject to the Federal Property and Ad established by $ 1-1.107-2 of this title ministrative Services Act of 1949, as will be utilized to the maximum practiamended.
cable extent in PODPR. 8 39–1.102 Authority.
$ 39–1.104 Content. PODPR are issued in compliance with Chapter 39 will contain procurement the Federal Procurement Regulations policies and procedures, prescribed by the System prescribed by the Administrator Assistant Postmaster General, Bureau of of General Services under the Federal Facilities for uniform application Property and Administrative Services throughout the POD, including the Act of 1949, as amended.
Postal Field Service.
8 39–1.106 Exclusions.
been published in the FEDERAL REGISTER
may be incorporated in contracts by ref. Procurement policy or procedure
erence. Such sections should be cited as which bears a security classification or is
“41 CFR" followed by the section numexpected to be in effect for less than six
ber as “41 CFR 39–1.108”. months or which is instituted on an experimental basis will not be included in PODPR
§ 39–1.109 Bureau or office implemen
tation. $ 39–1.107 Issuance.
Bureaus and Offices may supplement § 39–1.107–1 Internal.
or implement the FPR and PODPR with PODPR will be published in loose
internal instructions subject to the prior leaf form for distribution to postal pro
review and concurrence of the Assistant curement offices and other postal offices
Postmaster General, Bureau of Facilities, concerned. Requests to be placed on
and the Office of General Counsel. The the distribution list, or for extra copies,
purpose of this review is to ascertain should be addressed to the Publications
that such instructions are consistent Supply Unit, Directives Management
with FPR and PODPR, and that they do Branch, Office of the Deputy Postmaster
not contain material which should be General. However, placement on the
issued as PODPR. A copy of each such distribution list or deletion therefrom
instruction shall be furnished to the is subject to prior approval of the Direc
Procurement Division, Bureau of Facilitor, Procurement Division, Bureau of
ties. Bureaus or Ofices shall prepare for Facilities.
publication in the FEDERAL REGISTER such
instructions, which implement or supple8 39–1.107–2 Public.
ment FDR or PODPR, as are considered Those parts of PODPR which contain
to be of interest to the general public. significant policies and procedures con
Such material shall be first submitted sidered to be of interest to the general
to the Assistant Postmaster General, Bupublic will be published in the daily
reau of Facilities, for review and concurissues of the FEDERAL REGISTER and, in
rence. Such material will thereafter be cumulative form in the Code of Federal
reviewed for legal suficiency by the Office Regulations. Copies of PODPR, as pub
of General Counsel. When all necessary lished in the FEDERAL REGISTER and the
Bureau or Office concurrences have been Code of Federal Regulations, may be
obtained, the Office of General Counsel purchased by the public from the Super
will make the necessary arrangements intendent of Documents, Government
for publication of such instructions in Printing Office, Washington, D.C., 20402.
the FEDERAL REGISTER. $ 39–1.107–3 Coordination. Responsibility for the development of
8 39–1.110 Deviation. Chapter 39 of PODPR is assigned to the Assistant Postmaster General, Bureau of Deviations (as described in § 1-1.009Facilities. In developing the regula- 1 of this title) shall be kept to a minitions, this Bureau will solicit the views mum and shall be controlled as follows: of the Bureaus and Offices concerned. (a) The Assistant Postmaster General, The Office of General Counsel shall be Bureau of Facilities, is authorized to apresponsible for determining the legality prove deviations from FPR, to the extent of all proposed regulations and policy authorized by FPR, and PODPR in indiand for making arrangements for the vidual cases when such action is clearly publication of these regulations and in the best interest of the Department. any subsequent implementation thereof A record of the nature of each such dein the FEDERAL REGISTER.
viation and the justification therefor
shall be included in the contract file. A 8 39–1.108 Citation.
copy of each authorized deviation shall Any section of PODPR may be in- be sent to and retained by the Procureformally identified in internal instruc- ment Division, Bureau of Facilities. Any tions or correspondence by "PODPR" deviation must be approved in advance followed by the section number, as for by the Assistant Postmaster General, example PODPR 39–1.108. Only those Bureau of Facilities, and handled in the sections of the regulations which have following manner.
(1) Request for deviation may be (2) Where the deviation applies to a initiated by the contracting officer of any class of cases, necessary coordination procuring activity of the Department or with the General Services AdministraPostal Field Service. A request shall cite tion will be accomplished by the Bureau the specific part or section of FPR or of Facilities after consultation with the PODPR from which it is desired to de Office of Research and Engineering, if viate, shall set forth the nature of the necessary. The deviation may be issued deviation, and shall give the reasons why as a part of PODPR. The Bureau or such action is considered necessary or Office concerned may be authorized to desirable. Request shall be routed issue internal instructions which incorthrough the head of the procuring activ porate the deviation consistent with ity for concurrence or additional com $ 1.109 of this title. ments. If the initiating office is at a (c) When any deviation in a contract field location, the request shall be routed form provision is authorized, physical through the cognizant Washington office change may not be made in the printed of the Bureau or Office concerned. After form but shall be made by appropriate the indicated concurrence has been ob provision in the schedule, specifications tained, requests shall be submitted to or continuation sheet, as provided in the the Assistant Postmaster General, Bu
Department's procedures. reau of Facilities.
(d) The requesting office will be notified by memorandum, with copies to other interested Bureaus or Ofices and
the Procurement Division, Bureau of Fa(b) If a requested deviation is con cilities, whenever a requested deviation is sidered appropriate, approval will be ac disapproved. complished as follows:
(e) In emergency situations involving (1) Where the deviation applies to an individual cases, deviation clearance individual case, approval will be granted may be handled by telephone or teleby memorandum addressed to the re graph and later confirmed in writing. questing contracting officer with copies (f) Requests for deviation may be to interested Bureaus and Offices and the made at any time, but contracting offiProcurement Division, Bureau of Facili cers are urged to review new FPR reties. The contract file of the requesting leases as they are issued so that requests office shall include a copy of the request for deviation can be considered prior to and approval.
the effective date of the FPR.