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Subport 1-1.0 Regulation System

•1.001 Scope of subpart.

•1.001 Purpose.

1.003 Authority.

1.004 Applicability. •1.005 Exclusions. •1.006 Issuance.

•1.006-1 Code arrangement.

•1.006-2 Publication.

•1.006-3 Copies.

-1.006-4 Coordination.

-1.007 Arrangement.

-1.007-1 General plan.

-1.007-3 Numbering.

•1.007-3 Citation.

•1.008 Agency Implementation.

-1.009 Deviation.

•1.009-1 Description.

-1.009-2 Procedure.

Subpart 1-1.1—(Reserved!
Subpart 1-1.2—Definition of Terms

-1201 Definitions.

•1202 Executive agency.

-1 203 Federal agency.

-1204 Head of the agency.

-1205 Procuring activity.

-1206 Head of the procuring activity.

-1207 Contracting officer.

•1206 Contract.

-1209 Procurement.

-1210 [Reserved]

-1211 (Reserved)

-1212 [Reserved)

-1.213 (Reserved)

-1214 [Reserved]

-1215 Government Instrumentality.

-1216 United States.

-1217 Possessions.

-1218 Negotiation.

-1219 Contract modification.

-1220 Procurement Item.

Subpart 1-1.3—General Policies

-1 301 Methods of procurement.

-1401-1 Competition.

-1301-2 Formal advertising.

-1401-3 Negotiation.

-1402 Procurement sources.

-1402-1 General.

-1402-2 Production and research and development pools.

-1403 Approval signatures.

-1404 (Reserved)

-1405 Specifications.

-1405-1 Mandatory use of Federal Specifications.

1-1406-2 Exceptions to mandatory use of Federal Specifications.

1-1405-3 Deviations from Federal Specifications.

1-1405-4 Optional use of Interim Federal Specifications.

Sec.

1-1.305-6 Use of Federal and Interim Federal Specifications in Federal construction contracts.

1-1.305-6 Military and departmental specifications.

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.

1-1307-6 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 procurements and small purchases.

1-1.307-9 Inspection and acceptance.

1-1308 (Reserved]

1-1.309 [Reserved]

1-1.310 Responsible prospective contractor.

1-1.310-1 Scope.

1-1.310-2 General.

1-1.310-3 Applicability.

1-1.310-4 General policy.

1-1.310-6 Standards.

1-1310-6 Determination of responsibility.

1-1310-7 Information regarding responsibility.

1-1310-8 Capacity and credit of small business concerns.

1-1310-9 Pre-award on-slte evaluation.

1-1.310-10 Performance records. -1.310-11 Subcontractor responsibility. -1311 Priorities, allocations, and allotments. -1312 (Reserved] -1.313 Records of contract actions. -1314 Solicitations for Informational or planning purposes.

1-1316 Use of liquidated damages provisions In procurement contracts.

1-1315-1 General.

1-1.316-2 Policy.

1-1.315-3 Contract provisions.

1-1.316 Time of delivery or performance.

1-1316-1 Scope and applicability.

1-1316-2 General.

1-1316-3 Factors to be considered.

1-1.316-4 Terms.

1-1.316-5 Time of delivery clauses.

1-1317 Noncolluslve bids and proposals.

1-1318 Contracting Officer's decision under a disputes clause.

1-1.319 Procurement of Items using jewel bearings.

Subpart 1-1.4—(Reserved)

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Subpart 1-1.5—Contingent Fees

Sec.

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.

1-1.504-4 Bona flde employee.

1-1.504-5 Bona flde established commercial or selling agency maintained by the contractor for the purpose of securing business.

1-1.504-6 Fees for "Information."

1-1.505 Representation and agreement required from prospective contractors.

1-1.506 Interpretation of the representation.

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.

1-1.608-1 Failure or refusal to furnish representation and agreement.

1-1.508-2 Failure or refusal to furnish Standard Form 119.

1-1.508-3 Misrepresentations or violations of the covenant against contingent fees.

1-1.509 Preservation of records.

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 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 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 Restrictions during period of suspension.

1-1.605-4 Notice of suspension.

1-1.606 Agency procedure.

1-1.607 General Services Administration responsibility.

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1-1.7—Small Business Concerns

General.

Definitions.

Small business concern (for Government procurement).

Affiliates.

Dominance In field of operation.

Small business Government subcontractors.

Number of employees.

Industry.

Certificate of competency.

Set-aside for small business.

Small business restricted advertising.

Small business policies.

Determination of status as & small business concern.

Representation by bidder or of feror.

Protest regarding small business status.

Agency program direction and operation. [Reserved for use by Individual agencies]

Cooperation with the Small Business Administration.

General.

SBA representatives.

Screening of procurements.

Access to Information.

Joint small business set-asides.

Certificates of competency.

Performance of contract by SBA.

Procurement set-asides for small business.

General.

Review of SBA set-aside proposals.

Withdrawal or modification of set-asides.

Reporting for Department of Commerce Procurement Synopsis.

Total set-asides.

Partial set-asides.

Automatic dissolution of setasides.

Contract authority.
(Reserved]

Certificate of competency program.

General.

Applicability and procedure.

Collusiveness of certificate of competency.

Records and reports.

Subcontracting with small business concerns.

General.

Small business subcontracting program.

Required clauses.

Review of subcontracting program.

—1.8—Labor Surplus Area Concerns

Scope of subpart.

Definitions.

Labor surplus area concern.

Labor surplus area.

Small business concern.

Labor surplus area policies.

General policy.

Specific policies.

Buy American Act.

[Reserved]

Partial set-asides for labor surplus area concerns.

General.

Notice to bidders or offerers.

Award procedures.

Withdrawal of set-asides.

Contract authority.

Subcontracting with labor surplus area concerns.

General.

Labor surplus area subcontract-
Ing program.

Required clauses.

Review of subcontracting program.

Depressed Industries.

General.

Apparel Industry (Notification
No. 53).

Petroleum and petroleum prod-
ucts Industry (Notification No.
58).

Shipbuilding Industry (Notifica-
tion No. 67).

Textile Industry (Notification
No. 38).

Report on preference procure-
ment in labor surplus areas.

Subpart 1-1.9—Reporting Possible Antitrust Violations

General.

Documents to be transmitted.

Additional information.

1_1.10—Publicizing Procurement
Actions

General policy.

Availability of Invitations for bids and requests for proposals.

Synopses of proposed procurements.

Department of Commerce Syn

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1-1306-4 1-1306-6 1-1307

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1-1.1001

1-1 1002

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Subpart 1-1.11—Qualified Products

1-1.1101 Procurement of qualified products.

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 Attorney 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.

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 Ineligible bidders; small business concerns; labor surplus area concerns; reporting possible antitrust violations; publicizing procurement actions; and qualified products.

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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, arrangement, 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 the procurement of personal property and nonpersonal services (including construction) by executive agencies, except as limited by the provisions of section 1-1.004 with respect to the Department of Defense. 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.

§ 1-1.003 Authority.

The Federal Procurement Regulations System is prescribed by the Administrator of General Services under the Federal Property and Administrative Services 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 mandatory 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.

§ 1-1.005 Exclusions.

Certain Governmentwlde 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 an experimental basis for a reasonable period.

§ 1-1.006 Issuance.

§ 1-1.006-1 Code arrangement.

Federal Procurement Regulations an issued in the Code of Federal Regulation! as Chapter I of Title 41, Public Contracts. Succeeding chapters of Title 41 are devoted to implementing and supplementing material developed and !$• sued by particular Federal agencies ft govern their procurement activities, a: well as regulations of general application to procurement agencies Issued by othei Federal regulatory agencies, such as tbi Department of Labor under the Walsh Healey Public Contracts Act.

§ 1-1.006-2 Publication.

Federal Procurement Regulations an published (in Title 41) in the daily issui of the Federal Register, in cumulate! form in the Code of Federal Regulations and in separate loose-leaf volume form.

§ 1-1.006-3 Copies.

Copies of Federal Procurement Reg illations in Federal Register and Codi of Federal Regulations form may be pur chased by Federal agencies and the pub' lie, at nominal cost, from the Superin tendent of Documents, Government Printing Office, Washington. D.C. 20402 Copies of Federal Procurement Regula tions in loose-leaf volume form may tx obtained by Federal agencies from tbi General Services Administration, in t very limited quantity, and may be pur chased 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. Federa

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