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(1) Contract negotiator or specialist.
(ii) Contracting officer.
(iii) Procurement officer or agent.
(iv) Quality control specialist.

(v) Commodity standardization specialist or officer.

(b) Regional offices.
(1) Regional Directors.

(2) All employees, grade GS-13 or above, in the following positions:

(i) Contract negotiator or specialist.
(ii) Contracting officer.
(iii) Procurement officer or agent.
(iv) Quality control specialist.

(v) Commodity standardization specialist or officer. [32 F.R. 15024, Oct. 31, 1967] § 105–735.608 National Archives and

Records Service.
(a) Central Office.

(1) All positions in grades GS-16 or above.

(2) Assistant Archivist for Administration and Technical Services.

(3) Directors of Presidential Libraries.

(4) Director, National Historical Publications Commission.

(b) Regional offices.

Regional Directors. [32 F.R. 15024, Oct. 31, 1967] § 105–735.609 Public Buildings Service.

(a) Central office.

(1) All positions in grades GS-16 or above.

(2) Special Assistant to the Commissioner.

(3) Division directors.
(4) Deputy division directors.
(5) Branch chiefs.

(6) Director, Professional Services Contracts Division.

(b) Regional offices.
(1) Regional Directors.
(2) Division chiefs.

(3) Branch chiefs, grade GS-12 or above (except Chiefs, Schedules and Services Branch). [32 F.R. 15024, Oct. 31, 1967] § 105–735.610 Transportation and Com

munications Service. (a) Central Office.

(1) Commissioner, Assistant Commissioners, division directors, grade GS-13 or above.

(2) Branch chiefs, grade GS-13 or above.

(3) All employees, grade GS-14 or above, in Public Utilities Division.

(b) Regional offices.

(1) Regional Director, division directors, grade GS-13 or above.

(2) Branch chiefs, grade GS-13 or above.

(3) Motor pool chiefs, grade GS-9 or above.

(4) Traffic management specialists (with delegated contract authority), grade GS-7 or above. [32 F.R. 15024, Oct. 31, 1967]

Part 109–

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CHAPTER 109-ATOMIC ENERGY COMMISSION

SUBCHAPTER A-GENERAL

Part
109–1 Introduction.

SUBCHAPTERS B-F (RESERVED]

SUBCHAPTER G-TRANSPORTATION AND MOTOR VEHICLES

109-40 Transportation and traffic management.

SUBCHAPTER A-GENERAL

Subpart 109–1.1–Regulation

System
PART 109-1-INTRODUCTION $ 109–1.100 Scope of subpart.
Subpart 109-1.1-Regulation System

This subpart sets forth introductory Sec.

material concerning the Atomic Energy 109-1.100 Scope of subpart.

Commission Property Management Reg109-1.101 Establishment of AEC Property ulations in terms of establishment, Management Regulations.

authority, publication, applicability, con109–1.102 Authority for prescribing AEC

sultation, implementation and supplePMR.

mentation of the Federal Property 109-1.104 Publication of AECPMR. 109–1.104-1 Publication.

Management Regulations, numbering, 109–1.104–2 Copies.

deviation, and exemption practices. 109-1.106

Applicability. 109-1.107 Consultation regarding AEC

$ 109–1.101 Establishment of AEC PropPMR.

erty Management Regulations. 109–1.108 Implementation and supple

(a) The AEC Property Management mentation of FPMR. 109–1.109 Numbering of AECPMR.

Regulations (AECPMR) are hereby es109-1.110 Deviation.

tablished. 109-1.110-1 Description.

(b) These regulations implement and 109–1.110-2 Procedure.

supplement the Federal Property Man109-1.150 Definitions.

agement Regulations (FPMR). 109-1.151 Exemptions.

(c) The effective date of FPMR AUTHORITY: The provisions of this Subpart throughout AEC will be the date indi109–1.1 issued under sec. 161, as amended, 68

cated in the respective FPMR, unless Stat. 948; 42 U.S.C. 2201; sec. 205, as amended, 63 Stat. 390; 40 U.S.C. 486.

otherwise provided in an AECPMR.

(d) The effective date of AECPMR SOURCE: The provisions of this Subpart 109–1.1 appear at 32 F.R. 14765, Oct. 25, 1967,

throughout AEC will be the date indiunless otherwise noted.

cated in the respective AECPMR.

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§ 109–1.102 Authority for prescribing

AECPMR. The AEC Property Management Regulations are prescribed by the General Manager and the head of any AEC division or office having functional responsibility for the Regulations being prescribed, pursuant to the authority of the Atomic Energy Act of 1954, as amended, and the Federal Property and Administrative Services Act of 1949, as amended. $ 109–1.104 Publication of AECPMR. $ 109–1.104-1 Publication.

The AEC Property Management Regulations appear in the Code of Federal Regulations as Chapter 109 of Title 41, Public Contracts and Property Management, and are published in the daily issues of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations, and in separate looseleaf form. $ 109-1.104–2 Copies.

(a) Copies of the FEDERAL REGISTER in which AEC Procurement Regulations are published and the Code of Federal Regulations may be purchased by Federal Agencies and the public, at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

(b) Copies of AEC Property Management Regulations, except those within the functional responsibility of the Division of Contracts, are issued as annexes to pertinent AEC Manual chapters or appendixes. § 109–1.106 Applicability.

(a) The Federal Property Management Regulations and the AEC Property Management Regulations apply to all direct AEC functions.

(b) Except as otherwise provided therein, the FPMR and the AECPMR shall be used, in connection with contractor activities, only for the guidance of AEC officials. A section shall normally be included in each part of the AECPMR to provide ready identification of all portions of that AECPMR and the related FPMR which should be applied to AEC contractors, and those which are only for the guidance of AEC officials in their review, approval, administration or appraisal of contractor activities.

$ 109-1.107 Consultation regarding

AECPMR. AEC Property Management Regulations are prepared with appropriate participation of AEC Field Offices and Headquarters divisions and offices and are prescribed after concurrence of all divisions and offices, Headquarters, having a functional interest. § 109–1.108 Implementation and sup

plementation of FPMR. (a) The AEC Property Management Regulations shall include regulations deemed necessary for business concerns, and others properly interested, to understand basic and significant AEC property management policies and procedures which implement, supplement, or deviate from the FPMR.

(b) Certain AEC property management policies and procedures which come within the scope of this chapter nevertheless are excluded from the AECPMR and shall be issued in AEC Manual chapters or appendixes, except that in the case of those functions which are the responsibility of the Division of Contracts they shall be issued as AEC Property Management Instructions (AECPMI). These exclusions include the following categories:

(1) Subject matter which bears & security classification or is “Official Use Only."

(2) Policy or procedure which is expected to be effective for a period of less than 6 months.

(3) Policy or procedure which is being instituted on an experimental basis for a reasonable period.

(4) Detailed requirements for agency use.

(c) Where the subject matter contained in a part, subpart, or section of the FPMR requires no AEC implementation, the AECPMR (or other issuance) contains no corresponding part, subpart

, section or coverage, and the FPMR material is applicable (within the meaning of $ 109–1.106) as written. § 109–1.109 Numbering of AECPMR.

The AEC has been assigned Chapter 109 for use in publishing its implementing and

supplementing regulations. Implementing regulations shall conform to the FPMR section numbers. Supplementing regulations shall be numbered “50” or higher for section, subpart, or part as may be involved.

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$ 109–1.110 Deviation.
$ 109–1.110–1 Description.

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

(a) When a prescribed policy or procedure is set forth, and when a prescribed contract clause is set forth verbatim, a departure from the policy or procedure or 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 by a prescribed policy or procedure, upon the use of a contract clause, form, procedure, type of contract, or upon any other action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.

(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure. § 109-1.110-2 Procedure.

(a) In individual cases, deviations from the FPMR and AECPMR may be requested by Managers of Field Offices and authorized by the head of a division or office, Headquarters, having functional responsibility. A supporting statement for each individual deviation, which indicates briefly the nature of the deviation, the reasons for such special action, and the Headquarters approval shall be maintained by the Headquarters division or office concerned.

(b) In classes of cases, requests for deviations from the FPMR and the AECPMR shall be forwarded by Managers of Field Offices to the head of the division or office, Headquarters, having functional responsibility, and shall be accompanied by an appropriate supporting statement. Requests shall be considered on an expedited basis and appropriate coordination with Headquarters divisions and offices will be obtained. Requests in

volving the FPMR will be considered jointly by AEC and the General Services Administration, unless, in the judgment of the Headquarters division or office having functional responsibility, circumstances preclude such joint effort. In such case, the division or office having functional responsibility will approve such class deviations as determined to be necessary and the General Services Administration will be notified. $ 109--1.150 Definitions.

(a) Implementation. Pertains to AEC material which treats a subject matter covered in the FPMR and may cover in greater detail or indicate the manner of compliance, including statements of authorizing deviations.

(b) Supplementation. Pertains to AEC material which treats matters having no counterpart in the FPMR. $ 109-1.151 Exemptions.

(a) Section 602 (d) (13) of the Federal Property and Administrative Services Act of 1949, as amended, provides that nothing in that Act shall impair or affect any authority of the Atomic Energy Commission. This includes the authority of AEC under the Atomic Energy Act of 1954, as amended, Public Law 85-804, and any other law.

(b) This exemption authority is to be exercised only to the extent that compliance with the requirements of the Federal Property and Administrative Services Act of 1949, as amended, would impair or affect the carrying out of AEC's programs. Except as otherwise expressly provided in these regulations, requests for exemptions from the requirements of the Federal Property and Administrative Services Act of 1949, as amended, except those pertaining to procurement (see AECPR 9–1.110), shall be submitted to the head of the division or office, Headquarters, having functional responsibility. Such requests will be accompanied by an appropriate explanation and justification for the exemption, which sets forth the grounds on which compliance with the particular requirements of the Federal Property and Administrative Services Act of 1949, as amended, would impair or affect AEC programs.

99–193—69-27

SUBCHAPTER G-TRANSPORTATION AND MOTOR VEHICLES

1:109–

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PART 109–40—TRANSPORTATION $ 109-40.1 General provisions.

Sub AND TRAFFIC MANAGEMENT

§ 109_40.102 Representation before

negoti Sec.

regulatory bodies. 109-40.000 Scope of part. 109-40.000–50 Applicability to contractors.

Participation in proceedings related to 109-40.1 General provisions.

carrier applications to regulatory bodies

| arditi 109-40.102 Representation before regu- for temporary or permanent authority.

sth latory bodies.

to operate in specified geographical loca109-40.106 Reports.

tions shall be confined to statements or zoved 109-40.109 Utilization of special con

testimony in support of a need for service ansige tracts and agreements. 109-40.3 Freight rates, routes, and

and shall not extend to support of indi

vidual carriers or groups of carriers. services. 109–40.303-2 Cost consideration. 109-40.305-3 Negotiation by other agencies.

§ 109–40.106 Reports. 109-40.305-5 Reports of agency negotia- Reports which are specifically re:

tions. 109–40.305–50 Negotiations involving

quested by GSA or are prescribed in Fedna

the dat tional security.

eral Property Management Regulation 109-40.307 Tonnage reports.

101-40 shall be submitted to the Division

in the 109–40.50 Bills of lading.

of Construction five days prior to the 109-40.5000 Scope of subpart.

established due date so as to permit

$109– 109-40.5001 Policy.

timely transmittal to GSA. The format 109–40.5002 Applicability.

to be used by field offices for reporting as 109-40.5003 Commercial bills of lading or

Title commercial express receipts. indicated above shall be as prescribed in

by Pud 109-40.5004 Government bills of lading.

the specific requests or appropriate sec:

tender 109-40.51 Price-Anderson coverage

tion of the FPMR.

of the certifications. 109-40.5100 Scope of subpart.

$ 109–40.109 Utilization of special con 109-40.5101 Policy.

tracts and agreements. AUTHORITY: The provisions of this Part From time to time special transporta: Depar 109-40 issued pursuant to sec. 161, as amended, 68 Stat. 948; 42 U.S.C. 2201; sec. 205, as

tion agreements are entered into on amended, 63 Stat. 390; 40 U.S.C. 486.

a Government-wide or an AEC-wide SOURCE: The provisions of this part 109-40

basis and are applicable generally to AEC appear at 33 F.R. 4140, Mar. 5, 1968, unless

shipments. The Division of Construction otherwise noted.

will distribute information on such § 109–40.000 Scope of part.

agreements to field offices as it becomes

available. This part prescribes AEC regulations governing transportation and traffic

$ 109-40.3 Freight rates, routes, and management activities, which regula

services. tions implement and supplement Federal § 109–40.303-2 Cost consideration. Property Management Regulations.

Premium transportation shall be used § 109–40.000–50 Applicability to

only where the additional cost is clearly tractors.

justified. When premium transportation FPMR Part 101-40, Transportation is used for shipments in excess of 500 and Traffic Management, and AECPMR

pounds, a written statement supporting 109–40, Transportation and Traffic Man

the use of such transportation shall be agement, should be applied to cost-type contractors' transportation and traffic

retained in an appropriate file. management activities. Departure by § 109–40.305–3 Negotiation by other cost-type contractors from the provisions agencies. of these regulations may be authorized by the contracting officer provided the

The limitations in FPMR 101-40.305practices and procedures followed are

3(a) do not apply to the initiation and consistent with the basic policy objectives

conduct of negotiations for freight rates in these regulations and except to the

and services related to shipments of extent such departure is prohibited by

nuclear weapons and radioactive and statute or executive order.

fissile materials.

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