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The subpart establishes a system of Federal Aviation Agency Procurement Regulations (FAPR) for the codification and publication of policies and procedures for the procurement of services and personal property by the Federal Aviation Agency.

§ 2-1.102 Authority.

FAPR are issued in compliance with the Federal Procurement Regulations System, prescribed by the Administrator of General Services under the Federal Property and Administrative Services Act of 1949.

(a) Responsibility for the development of Chapter 2 of FAPR is assigned to the procurement Division, Installation and Materiel Service.

(b) Chapter 2 of the Federal Procurement Regulations System will contain procurement policies and procedures prescribed by the Chief, Procurement Division (IM-200), Installation and Materiel Service, for uniform application throughout the Federal Aviation Agency. § 2-1.103 Applicability.

Except where a deviation is specifically authorized in accordance with § 2-1.107, Agency employees engaged in procurement activities shall comply with the policies and procedures set forth in FPR and FAPR unless they are optional by their terms.

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§ 2-1.104-1 Relation to Federal Procurement Regulations System.

The Federal Procurement Regulations System is designed to bring together, under Title 41, Subtitle A of the Code of Federal Regulations, the procurement regulations applicable to all civilian agencies of the Government. Federal Procurement Regulations (FPR) are Chapter 1. Chapter 2 is assigned for the procurement regulations of the Federal Aviation Agency (FAA). Chapters 3 through 49 will be used by other agencies. FPR (Chapter 1) is subdivided into 49 parts. Parts 1 through 49 of FAPR (Chapter 2) will be used to expand upon or modify the policies and procedures included in FPR. Material issued in the first 49 parts of FAPR

will be numerically keyed to the corresponding sections of FPR. Parts 50 through 99 of FAPR will be used for procurement policies and procedures for which there is no counterpart in FPR. The numbering system established by § 1-1.007-2 of this title will be utilized to the maximum practicable extent in FAPR.

§ 2-1.104-2 Internal.

FAPR will be published in loose-leaf form for distribution within the Federal Aviation Agency to procurement offices and others concerned. Requests to be placed on the distribution lists, or for extra copies, should be addressed to the Office of Headquarters Operations, Publishing and Graphics Division, Office of Management Services, Attn: Requirements and Distribution.

§ 2-1.104-3 Public.

Those parts of FAPR which contain basic and significant policies and procedures considered to be of interest to the general public will be published in the daily issue of the FEDERAL REGISTER and, in cumulated form, in the Code of Federal Regulations. The Procurement Division, Installation and Materiel Service, is responsible for determining what material shall be published and for preparing submissions for publication. Copies of FAPR in FEDERAL REGISTER and Code of Federal Regulations form may be purchased by the public, at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington D.C. 20402.

§ 2-1.104-4 FAPR Notices.

FAPR in loose-leaf form will be transmitted to the addresses of the distribution list by means of FAPR Notices. These notices will also be used to promulgate temporary, interim, and emergency procurement instructions.

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should be cited as "41 CFR" followed by the section number as "41 CFR 21.105-1".

§ 2-1.106

Agency implementation.

The heads of the various Agency procurement offices may issue local operating instructions and procedures consistent with FPR, FAPR, and other Agency regulations, policies and procedures for application solely within their own areas of responsibility. One copy of each such issuance shall be forwarded to the Procurement Division, Installation and Materiel Service. When such material is for application and distribution to only holders of the FAPR, it should be numerically keyed to the FAPR.

§ 2-1.107 Deviation.

Deviation (as defined in § 1-1009–1 of this title) from the FPR and FAPR shall be kept to a minimum and shall be controlled as follows:

(a) Requests for deviation may be initiated by the heads of the several Agency procurement offices. Such requests shall cite the specific part or section of FPR or FAPR from which it is desired to deviate, shall set forth the nature of the deviation and shall give the reasons why such action is considered necessary or desirable. Requests shall be submitted to the Installation and Materiel Service (Attn: Procurement Division) for advance approval.

(b) The Chief, Procurement Division, Installation and Materiel Service, is authorized to approve deviations. Such approval may be granted only when exceptional and special circumstances indicate that such action is clearly in the best interest of the Agency. A record of the nature of each such deviation, the justification for it, and the approval of it shall be prepared and included in the contract file.

(c) Deviations may be implemented under FAPR, or the procurement office concerned may be authorized to issue internal instructions incorporating the deviation, as applicable.

Subpart 2-1.2-Definition of Terms § 2-1.204 Head of the agency.

The FPR refers to the "Head of the Agency" or "Agency Head" as a level of approval. Agency Order OA P 1100.1,

Paragraph 802, authorizes the Associate Administrator for Development to act as agency head within the meaning of Title III of the Federal Property and Administrative Services Act of 1949, as amended, except in connection with the Supersonic Transport Development Program. Referrals to the agency head shall be made through the Chief, Procurement Division, IM-200.

§ 2-1.206 Head of the procuring activity.

"Head of the procuring activity" means, for (a) Headquarters Washington, the Chief, Procurement Division, Installation and Materiel Service; (b) for each region, the Director of the respective region; and (c) for the Installation and Materiel Depot, the Manager of the Depot.

§ 2-1.250 Chief officer responsible for procurement.

"Chief officer responsible for procurement" shall be considered synonymous with the title "head of the procuring activity" (see § 2-1.206).

Subpart 2-1.3-General Policies § 2-1.310-6 bility.

Determination of responsi

(a) In every case where the procurement exceeds $10,000, the contracting officer shall prepare, in duplicate, a positive statement of the facts on which the determination of responsibility is based. One copy shall be placed in the contract file and the remaining copy shall be forwarded to the Procurement Service Branch, IM-290 for inclusion in the Agency master file of vendor information. This statement should be accompanied by any supporting data such as pre-award on-site evaluation reports.

(b) A partial list of the factors which should be applied in pre-award evaluation is given below. The nature of the supply or service to be procured and the type and amount of contracts may be considered in applying these factors: (1) Management and personnel; (2) Technical capability; (3) Production capability;

(4) Physical plant and public utilities; (5) Facilities and equipment (including production, packaging, inspection, testing, shipping, and transportation); (6) Performance record on prior and current Government contracts;

(7) Quality assurance program and procedures;

(8) Cost estimating and accounting system;

(9) Purchasing system (make-or-buy program);

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(10) Financial capability; (11) Security protection;

(12) Equal opportunity policy; (13) Subcontracting policy; (14) Property and inventory control; (15) Ability to meet delivery schedule or performance date.

(c) Contracting officers are required by law to award contracts only to responsible prospective contractors.

(d) When it is determined that a prospective contractor does not meet the minimum standards specified in § 11.310-5 of this title and any such additional standards as may be prescribed in the solicitation, a copy of any memoranda or findings which set forth the reasons for such a determination shall also be furnished for inclusion in the Agency master file.

§ 2-1.310-7 Information regarding responsibility.

In addition to the sources itemized in § 1-1.310-7 of this title, the contracting officer shall utilize information contained in the Agency master file established by § 2-1.310-50.

§ 2-1.310-1 Performance records.

(a) Contractor performance evaluation. Upon completion or termination of each contract exceeding $10,000 in value, a Contractor Performance Evaluation Form, FAA Form 3458 will be completed. The primary objective for evaluating and recording a contractor's performance is to provide a basis for determining the responsibility of the contractor in the award of future contracts.

(b) Source of information. The form shall be prepared by the contract specialist with the most intimate knowledge of the contractor's performance and it shall be approved by the contracting officer. Information in the contract files, as well as personal knowledge of the contractor's performance by the contract specialist, project manager, inspector or other cognizant personnel should provide the basis for ratings. To assure equitable treatment for all contractors the form must be prepared factually and impartially. It should be clearly ascertained that delay in delivery or performance is the contractor's fault before charging him with responsibility for

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such delay. It is essential that the contract specialist avail himself of all pertinent information before determining the appropriate ratings.

(c) Rating instructions. It is important that the ratings of "outstanding", "satisfactory", "unsatisfactory", assigned to contractors for the various items accurately portray the contractor's performance, as they will be considered in determining the contractor's responsibleness for future awards. When a "satisfactory" rating is assigned to an item, no additional information is required to support the rating. When either an "outstanding" or "unsatisfactory" rating is assigned to an item, the reasons for such a rating must be included in the space provided.

(1) Application of adjective ratings. A contractor shall be rated "satisfactory" on the various items unless his performance is clearly above or below contractual requirements or general

business practices in which case the rating of "outstanding" and "unsatisfactory", respectively, would apply. Below are examples of instances where the various adjective ratings might be appropriate. These examples are provided solely for the purpose of achieving a degree of uniformity as to the interpretation of the adjective ratings and they do not include all matters which should be considered in rating each factor.

(i) Quality of end products or services. (a) Outstanding: Contractor provides a product or services of a quality above the contractual requirements, or on his own initiative, recommends ways and means of improving specifications with the result that a better end item is produced.

(b) Unsatisfactory: Contractor is held in default for failure to furnish an acceptable product, or contractor had to repeatedly take corrective action to produce an acceptable product.

(ii) Timeliness of performance. (a) Outstanding: Contractor delivers or performs substantially before the contract due date either on his own initiative or by request of the contracting officer; or contractor accepts a tight delivery schedule and performs on time.

(b) Unsatisfactory: Contractor is substantially late due to his own deficiencies in performing his contract or fails to perform the contract and is held in default.

(iii) Compliance with clauses. (a) Outstanding: Contractor maintained an active and effective subcontracting program which provided maximum assistance to small business concerns and concerns located in labor surplus areas.

(b) Unsatisfactory: Contractor fails to comply with labor laws, nondiscrimination provisions, etc.; and it was necessary for the contracting officer to repeatedly instruct him to comply.

(iv) Cost contract management (applicable to cost-type contracts only). (a) Outstanding: Contractor has demontrated ability to control costs for highly complex work under cost contracts, or contractor was extremely efficient in managing Government-furnished property and Government-owned facilities.

(b) Unsatisfactory: Contractor failed to properly manage contract resulting in substantial cost overruns, or he was careless in managing Government-owned property and facilities.

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(v) General business conduct. Outstanding: Contractor maintained an effective line of communication with the contracting officer concerning progression of the contract, and anticipated delays; or demonstrated unusual perseverance and integrity in discharging his contractual responsibilities.

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(b) Unsatisfactory: Contractor nored instructions of the contracting officer to take corrective actions to comply with contract, failed to respond to communications, or in any way failed to demonstrate integrity in the conduct of his business dealings with the Government.

(d) Distribution and use of completed forms. The form shall be prepared in duplicate. One copy shall be inserted in the contract file while the other copy shall be forwarded to the Procurement Service Branch, IM-290 for inclusion in the Agency master file.

(e) Interim Notice. FAA Form 3458 is to be prepared upon the completion or termination of contracts exceeding $10,000. However, in the event a serious situation develops with a contractor before the form is due, the interim notice procedure set forth in this paragraph will be used to alert other Agency procurement offices. These serious situations would include such things as (i) anticipated bankruptcy, (ii) labor statute violations so acute that a recommendation for debarment is contemplated, or (iii)

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