Subpart 11-1.1-Introduction AUTHORITY: The provisions of this Subpart 11-1.1 issued under 14 U.S.C. 633.

SOURCE: The provisions of this Subpart 11-1.1 contained in CGFR 63-21, 28 F.R. 6074, June 14, 1963.

§ 11-1.100 Scope of subpart.

This subpart establishes Chapter 11, Coast Guard Procurement Regulations (CGPR), implementing and supplementing the Federal Procurement Regulations, and states its relationship to the Federal Procurement Regulations and to other laws and regulations governing Coast Guard procurement. Certain portions of CGPR may contain cross-references to the Armed Services Procurement Regulation (ASPR) for purposes of guidance or in order to incorporate by reference material in the ASPR into CGPR.

This subpart establishes the Federal Procurement Regulations, as implemented and supplemented by Chapter 11 (Coast Guard Procurement Regulations), as the authorized regulations governing the procurement of supplies and services (including construction) by the Coast Guard from appropriated funds, effective 1 July 1963.

§ 11-1.102 Authority.

The Coast Guard Procurement Regulations (CGPR) are prescribed pursuant to the authority of 14 U.S.C. 633, Chapter 137 of Title 10 of the United States Code and the Federal Property and Administrative Services Act of 1949. § 11-1.103

Applicability.

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than six months.

(3) Policies or procedures which are effective on an experimental basis for a reasonable period.

(4) Policies and procedures pertaining to other functions of the Coast Guard as well as procurement functions and there is need to make the issuance available simultaneously to all Coast Guard employees concerned.

(5) Where speed of issuance is essential, numerous changes are required in Chapter 11, and all necessary changes cannot be made promptly.

(b) Procurement policies and procedures issued in other than the FPR System format under paragraphs (a) (4) and (5), of this section, will be codified into Chapter 11 at the earliest practicable date, but in any event not later than six months from date of issuance. Issuance.

§ 11-1.105 § 11-1.105-1

Code arrangement.

Procurement Regulations and conform with Federal Register standards approved for the FPR, except, that material published in looseleaf form for use only by Coast Guard activities which is not published in Title 41, Code of Federal Regulations will be indicated by the letters "CG" preceding and following the material.

§ 11-1.106-2 Numbering.

(a) Chapter 11 has been allocated to the Coast Guard for implementing and supplementing Chapter 1 of Title 41 CFR, the Federal Procurement Regulations.

(b) Where the CGPR implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of CGPR will be numbered (and captioned) to correspond to the part, subpart, section, or subsection of Chapter 1, Title 41 CFR, the FPR.

(c) Where the CGPR supplements the FPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved.

(d) Where the subject matter contained in a part, subpart, section, or subsection of FPR requires no implementation, the CGPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs. § 11-1.106-3

Citation.

Coast Guard Procurement Regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus this section, when referred to in divisions of the Coast Guard Procurement Regulations, should be cited as "11-1.106-3 of this chapter". When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 11-1.106-3". Any section of the Coast Guard Procurement Regulations may be informally identified, for purposes of brevity, as CGPR followed by the section number, i.e., "CGPR 11-1.106-3".

§ 11-1.107 Coast Guard implementation and supplementation of FPR.

§ 11-1.107-1 Description.

The Coast Guard Procurement Regulations "implement" and "supplement" the FPR. The meaning of these terms includes the following:

(a) Implementation means a part, subpart, section, etc., which treats the

policies and procedures of a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations. However, material in Chapter 11 which differs from material in Chapter 1 (FPR) shall be regarded as a deviation only if explicitly referenced to be a deviation.

(b) Supplementation means CGPR coverage of matters which have no counterpart in the FPR.

§ 11-1.108 Deviations.

§ 11-1.108-1 Description-See FPR 1-1.009-1.

§ 11-1.108-2 Procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR and CGPR shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from the FPR and CGPR may be authorized by the Commandant (FS), district commanders and commanding officers of Headquarters units (having contracting authority), unless otherwise provided. This authority may not be redelegated.

(1) A supporting statement for each individual deviation, which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.

(2) A copy of the supporting statement for each individual deviation shall be forwarded to the Commandant (FS).

(b) In classes of cases, requests for deviations from the FPR and the CGPR shall be forwarded in triplicate to the Commandant (F), and shall be accompanied by an appropriate supporting statement. Request will be considered on an expedited basis, and appropriate coordination with Headquarters staff and operating divisions will be obtained. Requests involving the FPR will be considered jointly by the Coast Guard and the General Services Administration, unless, in the judgment of the Commandant (F), after due consideration of the objective of uniformity and program responsibilities of the Coast Guard, circumstances preclude such joint effort. In such cases, the Commandant (F) will approve such class deviations as he determines necessary and will appropriately notify the General Services Administration.

Subpart 11-1.3-General Policies AUTHORITY: The provisions of this Subpart 11-1.3 issued under 14 U.S.C. 633, 10 U.S.C. Ch. 137.

§ 11-1.305-6 Military and departmental specifications.

Military specifications are mandatory for Coast Guard use in the procurement of the items, materials, or services so covered, except that the exemptions for Federal Specifications in § 1-1.305-2 are equally applicable to the mandatory use by the Coast Guard of Military Specifications.

[CGFR 64-76, 29 F.R. 16252, Dec. 4, 1964]

§ 11-1.305-50

Procurement of specifi cations, qualified products lists and standards.

Procurement of indexes, specifications, standards and handbooks will be effected in accordance with instructions contained in the Department of Defense Index of Specifications and Standards and the Index of Federal Specifications, Standards and Handbooks. Initial distribution of new or revised indexes to authorized Coast Guard units will be effected by Coast Guard Headquarters. CGFR 64-76, 29 F.R. 16253, Dec. 4, 1964]

§ 11-1.311 Priorities, allocations, and allotments.

Priority and allocation ratings will be assigned in accordance with procedures set forth in Chapter 3B19 of the Comptroller Manual. The contract clause set forth below shall be inserted in all ratable contracts whether entered into by formal advertising or negotiation, except that no such clause need be included in purchase orders of less than $5,000.

PRIORITIES, ALLOCATIONS, AND ALLOTMENTS The Contractor agrees, in the procurement and use of materials required for the performance of this contract, to comply with the provisions of all applicable rules and regulations of the Business and Defense Services Administration including Defense Material Systems Regulations.

[CGFR 64-44, 29 F.R. 12924, Sept. 15, 1964] § 11-1.313 Records of contract actions. Each procurement transaction file will be retained for at least six years after

completion of contract, unless retired sooner under other proper disposal authority.

[CGFR 64-26, 29 F.R. 6495, May 19, 1964]

§ 11-1.315

Use of liquidated damages provisions in procurement contracts. (a) Approval of use. Liquidated damages provisions which are determined appropriate and desirable in accordance with the policy set forth in § 1-1.315-2 of this title may be used upon approval by the respective district commander or commanding officer of a Headquarters unit. Delegation of this authority is authorized to the District Comptroller or comparable level.

(b) Documenting requirements. Requests for approval of rates for liquidated damages provisions will be made in writing. The following information will be furnished and approved requests will substantiate the file copy of the contract:

(1) Identification number of the comtemplated procurement (PR No., IFB No., and/or contract number);

(2) Type and form of contract contemplated and the required delivery schedule to be met;

(3) Data which will adequately substantiate the need for strict compliance with the delivery schedule by reflecting the damage that will result if the delivery schedule is not met;

(4) The estimated dollar amount of the contemplated procurement, whether or not competition is available, the amount of liquidated damages to be assessed, and the method of arriving at such figure.

(c) Unauthorized use. (1) The liquidated damages provision will not be used where the desired delivery date is not specified.

(2) If the supplies or services can be reprocured readily from other sources in case of default and the difference in price would represent the full measure of damages to the Government, liquidated damages provisions will not be used.

(d) Remissions. Recommendations concerning remissions will be forwarded by the contracting officer with appropriate documentation to Commandant (F) for review and processing.

[CGFR 64-44, 29 F.R. 12924, Sept. 15, 1964]