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§ 1.102 Applicability of subchapter.

This subchapter shall apply to all purchases and contracts made by the Department of Defense, within or outside the United States (but see § 1.109-4), for the procurement of supplies or services which obligate appropriated funds (including available contract authorizations), unless otherwise specified herein, except transportation services procured by transportation requests, transportation warrants, bills of lading, and similar transportation forms. (Procurement of these excepted transportation services shall be in accordance with specific regulations and instructions issued by the Military Traffic Management and Terminal Service (MTMTS), Military Sea Transportation Service (MSTS), Military Air Transport Service (MATS), and the Departments.)

[30 F.R. 6965, May 25, 1965]

§ 1.103 Arrangement of subchapter. [25 F.R. 14079, Dec. 31, 1960]

§ 1.103-1 General plan.

The subchapter is divided into parts, each one of which deals with a separate aspect of procurement, and each part is further subdivided into subparts and sections.

[25 F.R. 14079, Dec. 31, 1960]

§ 1.103-5 Dating contract clauses.

Contract clauses in this subchapter are identified by showing the month and year of issuance of the clause, as most recently revised, in parentheses immediately after the title, e.g., Incentive Price Revision (Firm Target) (November 1962). Where an alternative paragraph is provided for insertion in a clause, the identifying date is shown in parentheses immediately following the text of the paragraph. In contract forms using ASPR clauses, each clause should be shown with its identifying date in the manner prescribed above, except that (a) standard forms are not subject to this requirement and (b) Department of Defense forms and Departmental forms that were issued prior to October 1, 1960 should not be revised solely to meet this requirement. Where a clause to be used in a contract represents a deviation from this subchapter, a date will not be shown. Where a clause has been developed for use solely on a specific Department of Defense form and is set forth only in Ap

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pendix F of the ASPR, a date will not be shown but the edition on the form will apply to the clause.

[30 F.R. 1729, Feb. 9, 1965]

§ 1.104 Content of subchapter.

(a) This subchapter will contain policies and procedures relating to the procurement of supplies and services and is designed to achieve maximum uniformity throughout the Department of Defense. Hence, implementation of this subchapter by and within the Military Departments, the Defense Supply Agency, the Defense Communications Agency and the Defense Atomic Support Agency shall be only in accordance with § 1.108. This subchapter will be amended, from time to time, to set forth improved procedures which reduce contract preparation time, simplify and standardize contract forms within the Department of Defense, and improve the contracting process by standardizing procedures and instructions. In this connection, personnel at all levels, particularly the contracting level are encouraged to submit through appropriate channels suggestions, based on operating experience, to reduce administrative burden, simplify contract forms and procedures, and otherwise accomplish the foregoing objectives.

(b) A supplement to the regulations in this subchapter, entitled USEUCOM Supplement (not published in the C.F.R.), is applicable to all purchasing offices of the Department of Defense in the North Atlantic-Mediterranean area, including all of Europe. The USEUCOM Supplement and changes thereto are developed by USEUCOM and concurred in by the Offshore Procurement Policy Coordinating Committee representing the purchasing offices in that area and, after adoption and approval by the Armed Services Procurement Regulation Committee, are published and distributed by the Headquarters, U.S. European Command, as an integral part of the Armed Services Procurement Regulation. In addition, Headquarters USEUCOM publishes Tabs to the USEUCOM Supplement which contain source and informational material (such as governmentto-government agreements and information) and which do not require

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1 Forms in Appendix F have been filed with the Office of The Federal Register; copies may be obtained through the contracting offices of any of the military departments.

approval by the Armed Services Procurement Regulation Committee.

[30 F.R. 5959, Apr. 29, 1965, as amended at 30 F.R. 6965, May 25, 1965]

§ 1.105 Amendment of subchapter.

This subchapter may be amended from time to time by the issuance of "Revisions," by the Assistant Secretary of Defense (Installations and Logistics) after coordination with the Secretaries of the Army, Navy, and Air Force and the Director of the Defense Supply Agency. Unless otherwise directed in a particular case by the Assistant Secretary of Defense (Installations and Logistics), proposed amendments shall be submitted to the Armed Services Procurement Regulation Committee. Proposals for amendments originating within the Military Departments shall be submitted to the Chairman of the Armed Services Procurement Regulation Committee by the Departmental members of the Committee. However, where unusual circumstances warrant, the Secretaries may submit proposals for amendments to the Assistant Secretary of Defense (Installations and Logistics).

[26 F.R. 5296, June 14, 1961, as amended at 27 F.R. 11643, Nov. 27, 1962]

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§ 1.106-1

Department of Defense directives, instructions, manuals, and circulars.

Policies, procedures, and information concerned primarily with procurement may be published in Department of Defense directives, instructions, manuals, and circulars under any of the following circumstances:

(a) When the subject matter is not suitable for inclusion in this subchapter;

(b) As an interim measure, pending subsequent incorporation in this subchapter; or

(c) When the policy or procedure is expected to be effective for a period of less than six months.

[29 F.R. 6911, May 27, 1964, as amended at 30 F.R. 6965, May 25, 1965]

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all recipients of this subchapter. Material to be published in each Defense Procurement Circular shall first be approved by the Armed Services Procurement Regulation Committee.

(b) The purposes of the Defense Procurement Circular are:

(1) To promulgate as rapidly as possible selected material revising this subchapter, in advance of the revision of this subchapter;

(2) To disseminate material applicable to procurement which is not suitable for insertion in this subchapter, but which may have the effect of a directive to, or be of importance and interest to its recipients; and

(3) To supplement this subchapter, as may be necessary in order to reduce the size and frequency of issue of subsidiary Departmental procurement instructions.

(c) Each Defense Procurement Circular shall be canceled six months from its effective date unless sooner superseded by coverage of the subject in a revision to this subchapter; or unless otherwise specifically stated therein.

(d) Statements in Defense Procurement Circulars to the effect that the material published therein is "effective upon receipt" or upon a specified date, or that changes set forth in the Circular are "to be used upon receipt", mean that any new or revised clauses or forms included in the Circular shall be included in invitations for bids and requests for proposals issued thereafter, unless a different meaning is expressed in the Circular. However, unless otherwise provided in the Circular, the new or revised clauses or forms need not be included in solicitations already in process of preparation where their inclusion would cause an undue delay in the solicitation.

[29 F.R. 6911, May 27, 1964, as amended at 30 F.R. 5959, Apr. 29, 1965]

§ 1.106-3 Armed Services procurement manuals.

In accordance with the authority in § 1.106-1, Armed Services procurement manuals shall be published when determined necessary or advisable. They shall contain material useful for training and instruction, but they shall not contain material which is directive in nature. Material to be published as Armed Services procurement manuals shall first be approved by the Armed Services Procurement Regulation Committee. Such pub

lications and revisions thereto will be announced in Defense procurement circulars.

[30 F.R. 6965, May 25, 1965]

§ 1.107

Dissemination and effective date of the subchapter, revisions, supplements, and manuals.

(a) This subchapter and revisions thereof, will be distributed by the Departments to all interested activities and individuals within the Department of Defense. Supplements and manuals shall be ordered and distributed separately as requirements indicate. The Military Departments shall obtain from the Government Printing Office the number of copies of this subchapter, revisions thereof, supplements, and manuals, required to make this distribution. Private firms, individuals, and others outside the Department of Defense may obtain copies of these publications by purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402.

(b) Revisions of the Armed Services Procurement Regulation shall be effective at all applicable echelons 90 days after date of issuance, unless otherwise prescribed in any such revision. Supplements and manuals shall be effective when issued, unless otherwise provided therein. Contract clauses and forms prescribed in such revisions shall be used in all invitations for bids and requests for proposals issued after the effective date thereof, unless otherwise provided in any such revisions.

[30 F.R. 6965, May 25, 1965]

§ 1.108

Departmental procurement instructions and ASPR implementations.

(a) The Departments and their subordinate organizations shall not issue instructions, including directives, regulations, contract forms, contract clauses, policies, or procedures implementing this subchapter or covering the procurement of supplies or services or the administration of contracts for such supplies or services, unless permitted by one of the following and if consistent with paragraph (b) of this section:

(1) Internal procurement management instructions such as designations and delegations of authority, assignments of responsibilities; work flow procedures, and internal reporting requirements;

(2) Any special contract clause of a non-repetitive nature designed specifically to accomplish the peculiar requirements of an individual procurement, provided a clause relating to the subject matter is not set forth in this subchapter;

(3) A variation of any contract clause which is set forth in this subchapter but not for use verbatim: Provided, That such variation is not inconsistent with the intent, principle, and substance of the ASPR clause or related coverage of the subject matter;

(4) Interim instructions having an effective duration not exceeding 6 months (unless approved for a longer period by the ASPR Committee) essential to meet current operational needs or to effect greater efficiency in procurement management, including service tests of new techniques or methods of procurement, provided such instructions are submitted prior to issuance or immediately thereafter for consideration by the ASPR Committee;

(5) Procurement procedures specifically identified as being essential for carrying out the peculiar needs of specialized commodity areas when authorized by: for the Army, Director of Procurement, Office of the Assistant Secretary of the Army (Installations and Logistics); for the Navy, Deputy Chief of Naval Material (Material and Facilities); for the Air Force, Director of Procurement Policy, Office of the Deputy Chief of Staff (Systems and Logistics); for the Defense Supply Agency, Executive Director, Procurement and Production, and notification is given to the ASPR Committee immediately upon such authorization for the purpose of determining whether such procedures should be included in this subchapter;

(6) Procurement instructions specifically identified as being essential for carrying out the peculiar needs of overseas commands when authorized by the cognizant unified commander and notification is given to the ASPR Committee immediately upon such authorization for the purpose of determining whether such instructions should be included in this subchapter;

(7) Material determined by the ASPR Committee to be inappropriate for ASPR coverage, but appropriate for inclusion in Departmental publications.

(b) Instructions issued in accordance with paragraph (a) of this section shall not contain material which duplicates,

is inconsistent with, or increases or restricts the use of, any authority contained in this subchapter;

(c) Each Department shall furnish to the other Departments one copy of each Departmental procurement instruction issued in accordance with paragraphs (a) and (b) of this section.

(d) Each Department shall screen all existing instructions as well as those subsequently issued pursuant to paragraphs (a) through (c) of this section to assure strict compliance with this section, and for the purpose of determining if the subject matter is appropriate for inclusion in this subchapter.

[29 F.R. 6911, May 27, 1964, as amended at 29 F.R. 14815, Oct. 31, 1964; 30 F.R. 14071, Nov. 9, 1965]

§ 1.109 Deviations from this subchapter and Department of Defense publications governing procurement.

[25 F.R. 14079, Dec. 31, 1960]

§ 1.109-1 Applicability.

The regulations of this subchapter are not intended to stifle the development of new techniques or methods of procurement. Innovations to attain desirable objectives will occasionally necessitate deviations from the regulations of this subchapter, and it is the responsibility of contracting officers to request such deviations whenever they are required in the best interest of the Government. For the purpose of this section, a deviation shall be considered to be any of the following:

(a) When a contract clause is set forth in this subchapter for use verbatim, use of a contract clause covering the same subject matter which varies from the ASPR coverage, or use of a collateral provision which modifies either the clause or its prescribed application constitutes a deviation; however, in the case of a purchase or contract of an offshore contracting activity with a foreign contractor made outside the United States, its possessions, or Puerto Rico, such contract clauses may (subject to the direction of authority above the level of the contracting officer) be modified if no change in intent, principle, or substance is made (offshore contracting activities shall keep the cognizant unified Commander advised of significant deviations effected under this paragraph);

(b) When a contract clause is set forth in this subchapter but not for use ver

batim, use of a contract clause covering the same subject matter which is inconsistent with the intent, principle and substance of the ASPR clause or related coverage of the subject matter;

(c) Omission of any mandatory contract clause constitutes a deviation;

(d) When a Standard, DD, or other form is prescribed by this subchapter or a Department of Defense Directive, use of any other form for the same purpose constitutes a deviation;

(e) Alteration of a Standard, DD, or other form (other than Departmental forms), except as authorized by this subchapter or a Department of Defense Directive constitutes a deviation;

(f) When limitations are imposed in this subchapter or a Department of Defense Directive upon the use of a contract clause, form, procedure, type of contract, or 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 proposals, award, administration or settlement of contracts, the imposition of lesser or greater limitations constitutes a deviation; or

(g) When a policy, procedure, method or practice of conducting procurement actions of any kind at any stage of the procurement process is covered by this subchapter, any policy, procedure, method, or practice which is inconsistent with that set forth constitutes a deviation. [30 F.R. 14071, Nov. 9, 1965]

§ 1.109-2 Deviations affecting one contract or transaction.

Deviations from this subchapter or a Department of Defense Directive which affect only one contract or procurement may be made or authorized in accordance with Departmental procedures providing (a) special circumstances justify a deviation and (b) written notice of such deviation is furnished to the Assistant Secretary of Defense (Installations and Logistics) and in the case of the Department of the Army, to the Assistant Secretary of the Army (I&L), Attn: ASPR Policy Member; the Department of the Navy, the Chief of Naval Material, Attn: Code MAT 21C; Department of the Air Force, Director of Procurement Management, DCS/S&L, Attn: AFSPMAS; and the Defense Supply Agency, Executive Director, Procurement and Pro

duction, Attn: DSAH-PM. Such written notice shall be given in advance of the effective date of such deviations unless exigency of the situation requires immediate action.

[25 F.R. 14815, Oct. 31, 1964]

§ 1.109-3 Deviations affecting more than one contract or contractor. Except as authorized in § 1.109-2, deviations from this subchapter or a Department of Defense Directive will not be effected unless approved in advance by the Assistant Secretary of Defense (Installations and Logistics): Provided, however, That unanimous approval by the members of the ASPR Committee will constitute approval of the Assistant Secretary of Defense (Installations and Logistics) of all matters except those involving major policy. Written requests for such approval will be submitted to the Assistant Secretary of Defense (Installations and Logistics) through the ASPR Committee as far in advance as exigencies of the situation will permit, or alternatively, at the option of the Materiel Secretary concerned, through use of the Materiel Secretaries' Weekly Conference.

[26 FR. 5296, June 14, 1961]

§ 1.109-4 Deviations required by Government-to-Government agreements. Notwithstanding §§ 1.109-2 and 1.1093, any deviation from this subchapter that is required in order to comply with a treaty or executive agreement to which the United States is a party is authorized unless the deviation would substantively affect a provision of this subchapter that is based on the requirements of a law enacted after execution of the treaty or executive agreement. In the latter event, the deviation shall, in accordance with Departmental procedures, be referred to the ASPR Committee for consideration, and the cognizant unified Commander shall be advised of such action. Any procurement action which constitutes a deviation from an ASPR provision based on such a requirement of law shall be held in abeyance pending consideration by the ASPR Committee. However, if the subject matter of the ASPR provision is not covered in such a treaty or executive agreement and it is decided to treat the subject matter of such an ASPR provision in the contract, the treatment must be in accord with the intent, prin

ciple, and substance of the ASPR provision; provided that, if such treatment involves a significant deviation from a clause set forth verbatim in this subchapter, the cognizant unified commander shall be advised.

[26 F.R. 5296, June 14, 1961]

§ 1.109-5 Request for approval of proposed deviation.

Request for approval of any deviation shall be forwarded to the approving authority through procurement channels. Each submission shall contain as a minimum:

(a) Identification of the requirement of this subchapter from which deviation is sought;

(b) A full description of the deviation and the circumstances in which it will be used;

(c) A description of the intended effect of the deviation;

(d) A copy of any pertinent document, including forms or clauses and the proposed contractor's request, if any;

(e) A statement of the period of time for which the deviation is needed; and (f) Detailed reasons supporting the request.

[25 F.R. 14815, Oct. 31, 1964]

§ 1.110 Reports of purchases and con

tracts.

Periodic and special reports on purchases and contracts are prescribed by the Department of Defense. These reports are designed to meet statutory and other Congressional requirements. requirements of Federal agencies, and provide all levels of management with data on which to formulate procurement policy as well as to determine the extent of adherence to prescribed policy. Basic to the preparation of all these regular and special reports, so far as they affect individual contracting officers, is DD Form 350 (Individual Procurement Action Report). Each item of this form enters into the preparation of reports furnished the President, the Congress, and other Federal agencies, and is used for management purposes within the Department of Defense. The accuracy, completeness, and timeliness of these reports are fully dependent on the careful preparation and prompt submission of DD Form 350.

[25 F.R. 14080, Dec. 31, 1960, as amended at 26 F.R. 9633, Oct. 12, 1961; 27 F.R. 8869, Sept. 6, 1962]

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