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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. 1-1.009-3 Limitation on deviations. 1-1.010 Interagency Procurement Policy

Committee. 1-1.011 Office of Federal Procurement

Policy Act. 1-1.011-1 General. 1-1.011-2 Declaration of policy.

Sec. 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 employees. 1-1.303 Approval signatures. 1-1.304 Designation of solicitation opening

time. 1-1.305 Specifications. 1-1.305-1 Mandatory use of Federal Speci

fications. 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 construc

tion 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 stand

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

name or equal" purchase descriptions. 1-1.307-6 Invitation for bids, "brand name

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

“brand name or equal" descriptions. 1-1.307-8 Procedure for negotiated pro

curements and small purchases. 1-1.307-9 Inspection and acceptance. 1-1.308 (Reserved) 1-1.309 (Reserved) 1-1.310 (Reserved] 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 provi

sions in procurement contracts. 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. 1-1.316-5 Time of delivery clauses. 1-1.317 Noncollusive bids and proposals. 1-1.318 Disputes clause.

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.

Sec.
1-1.318-1 Contracting officer's decision

under 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 kickbacks.
1-1.321 (Reserved]
1-1.322 Payment of interest on contractors'

claims.
1-1.323 Preference for U.S. Flag Air Carri.

ers.
1-1.323-1 Policy.
1-1.323-2 Clause.
1-1.323-3 Availability or unavailability of

certified air carrier.
1-1.323-4 Disallowance of expenditures.
1-1.323-5 Air freight forwarders.
1-1.324 (Reserved)
1-1.325 (Reserved)
1-1.326 (Reserved)
1-1.327 Protection of the privacy of indi.

viduals.
1-1.327-1 General.
1-1.327-2 Definitions.
1-1.327-3 Statutory requirements.
1-1.327-4 Applicability.
1-1.327-5 Procedures.
1-1.328–1-1.338 (Reserved)
1-1.339 Energy conservation.
1-1.339-1 Authority.
1-1.339-2 Procedures.
1-1.339-3 Definitions.
1-1.340 Woman-owned business.
1-1.341 Federal Procurement Data System.

Sec. 1-1.504-2 Contingent character of the fee. 1-1.504-3 Exceptions to the prohibition. 1-1.504-4 Bona fide employee. 1-1.504-5 Bona fide established commercial

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 re

quired from prospective contractors. 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 contingent fees. 1-1.509 Preservation of records.

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 officers. 1-1.403 Requirements to be met before en

tering into contracts. 1-1.404 Selection. designation, and termi

nation of designation of contracting offi

cers. 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. 1-1.406 Cost accounting standards.

Subpart 1-1.6—Debarred, Suspended, and

Ineligible Bidders 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 bidders 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 ex

ecutive agency. 1-1.604-1 Procedural requirements relating

to the imposition of debarment. 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 Notice of suspension. 1-1.605-4 Hearings. 1-1.605-5 Restrictions during period of sus

pension. 1-1.606 Agency procedure. 1-1.607 General Services Administration

responsibility.

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.

Subpart 1-1.1-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. Sec. 1-1.712-1 Publicizing research and develop

ment procurement actions to attract

small business. 1-1.712-2 Expansion of small business

sources for research and development

procurement. 1-1.712-3 Selection of small business

sources for research and development

procurement. 1-1.713 Contracts with the Small Business

Administration. 1-1.713-1 Authority. 1-1.713-2 Policy. 1-1.713-3 Procurement of supplies, serv

ices, and research and development. 1-1.713-4 Procurement of construction.

Sec. 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 and

determination of eligibility. 1-1.701-8 Set-aside for small business. 1-1.701-9 Small business restricted adver

tising. 1-1.701-10 Base maintenance 1-1.701-11 Differentials. 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 op

eration. (Reserved for use by individual

agencies) 1-1.705 Cooperation with the Small Busi

ness 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

business. 1-1.706-1 General. 1-1.706-2 Review of SBA set-aside propos

als. 1-1.706-3 Withdrawal or modification of

set-asides. 1-1.706-4 Reporting for Department of

Commerce Procurement Synopsis. 1-1.706-5 Total set-asides. 1-1.706-6 Partial set-asides. 1-1.706-7 Automatic dissolution of set

asides. 1-1.706-8 Contract authority. 1-1.707 (Reserved] 1-1.708 Certificate of competency program. 1-1.708-1 General 1-1.708-2 Applicability and procedure. 1-1.708-3 Conclusiveness of certificates of

competency and determinations of

Walsh-Healey eligibility. 1-1.709 Records and reports. 1-1.710 Subcontracting with small business

concerns. 1-1.710-1 General. 1-1.710-2 Small business subcontracting

program. 1-1.710-3 Required clauses. 1-1.710-4 Review of subcontracting pro

gram. 1-1.711 Federal Supply Schedule contracts. 1-1.712 Small business participation in re

search and development procurement actions.

Subpart 1-1.8—Labor Surplus Area Concerns 1-1.800 Scope of subpart. 1-1.801 Definitions. 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 Total set-asides for labor surplus

area concerns. 1-1.804-1 General. 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 surplus

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. 1-1.807 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 proposals. 1-1.1002-1 Availability of procurement in

formation and publications. 1-1.1002-2 Publicizing proposed small pur

chases. 1-1.1003 Synopses of proposed procure

ments. 1-1.1003-1 Department of Commerce Syn

opsis. 1-1.1003-2 General requirements.

Subpart 1-1.14—[Reserved) Subpart 1-1.15—[Reserved)

Subpart 1-1.16—Reports of Identical Bids

Sec. 1-1.1003-3 Special areas of negotiation. 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. 1-1.1006 Advance planning procurement

information. 1-1.1006-1 General. 1-1.1006-2 Application. 1-1.1006-3 Conditions. 1-1.1006-4 Commerce Business Daily an

nouncements. 1-1.1007 Agency responsibility for perform

ance with synopsizing program.

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

ucts.

Sec. 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.

Subpart 1-1.12–Responsible Prospective

Contractors

Subparts 1-1.19—1.22 [Reserved)

1-1.1200 Scope of subpart. 1-1.1201 Applicability. 1-1.1202 General policy. 1-1.1203 Maximum standards for responsi

ble prospective contractors. 1-1.1203-1 General standards. 1-1.1203-2 Additional standards. 1-1.1203-3 Special standards. 1-1.1203-4 Ability to meet certain mini

mum standards. 1-1.1204 Determination of responsibility or

nonresponsibility. 1-1.1204-1 Requirement. 1-1.1204-2 Affiliated concerns. 1-1.1205 Procedures for determining re

sponsibility of prospective contractors. 1-1.1205-1 General. 1-1.1205-2 When information will be ob

tained. 1-1.1205-3 Sources of information. 1-1.1205-4 Preaward surveys. 1-1.1206 Subcontractor responsibility. 1-1.1207 Disclosure of preaward data.

Subpart 1-1.23—Environmental Protection

1-1.2300 Scope of subpart. 1-1.2301 Policy. 1-1.2302 Administration and enforcement. 1-1.2302-1 Solicitation provision. 1-1.2302-2 Contract clause. 1-1.2302-3 Compliance responsibilities. 1-1.2302-4 Exemptions. 1-1.2302-5 Withholding award.

Subpart 1-1.13—Minority Business Enterprises 1-1.1300 Scope of subpart. 1-1.1301 Applicability. 1-1.1302 Agency programs. 1-1.1303 Solicitation representation. 1-1.1304-1-1.1309 [Reserved) 1-1.1310 Subcontracting with minority

business enterprises. 1-1.1310-1 General. 1-1.1310-2 Required clauses.

Subpart 1-1.24—[Reserved] Subpart 1-1.25—Recovered Materials 1-1.2500 Scope of subpart. 1-1.2501 Policy. 1-1.2502 General. 1-1.2503 Definitions. 1-1.2504 Procedures.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 29 FR 10104, July 24, 1964, unless otherwise noted.

§ 1-1.000 Scope of part.

§ 1-1.004 Applicability. This part sets forth policies and pro

The Federal Procurement Regulacedures concerning: The Federal Pro

tions apply to all Federal agencies to curement Regulations System; defini

the extent specified in the Federal tions of term used throughout this

Property and Administrative Services chapter; general policies of procure

Act of 1949 (40 U.S.C. 471 et seq.), or ment; contingent fees; debarred and

in other law. Except for standard Govineligible bidders; small business con

ernment forms and clauses, Federal cerns; labor surplus area concerns; re

Specifications and Standards, procureporting possible antitrust violations;

ment of automatic data processing publicizing procurement actions; and

equipment (ADPE), software, maintequalified products.

nance services, and supplies, and

except as directed by the President, Subpart 1-1.0—Regulation System Congress, or other authority, these

regulations are not made mandatory § 1-1.001 Scope of subpart.

on the Department of Defense. ThereThis subpart sets forth introductory fore, the extent of their implementainformation pertaining to the Federal tion within the Department of DeProcurement Regulations System; its fense and participation in the System purpose, authority, applicability, issu- will be determined by that Departance, arrangement, implementation ment. The regulations apply to proand deviation procedure.

curements made within and outside § 1-1.002 Purpose.

the United States unless otherwise

specified. This subpart establishes the Federal Procurement Regulations System for (40 FR 12076, Mar. 17, 1975) the codification and publication of

§ 1-1.004-1 Leases of real property. uniform policies and procedures applicable to Federal agencies in the pro- The FPR apply to leases of real curement of personal property and property only to the extent explicitly nonpersonal services (including con stated in specific FPR provisions. Sustruction) and the procurement of real parts 1-1.0 and 1-1.2 apply to leases of property by lease, except as limited by real property. the provisions of g 1-1.004. The system 130 FR 8217. June 26. 1965) includes regulations prescribed by the Administrator of General Services, § 1-1.005 Exclusions. called the Federal Procurement Regu

Certain Governmentwide policies lations (FPR), as well as individual

and procedures which come within the agency procurement regulations which

scope of this chapter nevertheless may implement and supplement the FPR.

be excluded from Federal Procure(30 FR 8217, June 26, 1965)

ment Regulations. These exclusions

include the following categories: § 1-1.003 Authority.

(a) Subject matter which bears a seThe Federal Procurement Regula curity classification, tions System is prescribed by the Ad- (b) Policy or procedure which is exministrator of General Services under pected to be effective for a period of the Federal Property and Administra- less than six months.

e Services Act of 1949. as amended. (c) Policy or procedure which is The Federal Procurement Regulations being instituted on an experimental are developed in cooperation with the

basis for a reasonable period. Administrator for Federal Procurement Policy and the procurement

§ 1-1.006 Issuance. agencies and are issued by the Admin

$ 1-1.006-1 Code arrangement. istrator of General Services pursuant to the Federal Property and Adminis

Federal Procurement Regulations trative Services Act of 1949, and other

are issued in the Code of Federal Reg. authorities especially cited.

ulations as Chapter I of Title 41, (40 FR 12076, Mar. 17, 1975)

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