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Sec. 11-1.508–3 Misrepresentations or violations

of the covenant against con

tingent fees. Subpart 11-1.6-Debarred and Ineligible Bidders 11-1.606 Agency procedures.

Subpart 11-1.7-Small Business Concerns 11-1.750 Total class set-assides.

Subpart 11-1.8—Labor Surplus Area Concerns 11-1.807 Report on preference procure.

ment in labor surplus areas.

PART 11-1-GENERAL Sec. 11-1.000 Scope of part.

Subpart 11-1.1-Introduction 11-1.100 Scope of subpart. 11-1.101 Purpose. 11-1.102 Authority. 11-1.103 Applicability. 11-1.104 Exclusions. 11-1.105 Issuance. 11-1.105-1 Code arrangement. 11-1.105-2 Publication. 11-1.105-3 Copies. 11-1.106 Arrangement. 11-1.106-1 General plan. 11-1.106-2 Numbering. 11-1.106-3 Citation. 11-1.107 Coast Guard implementation

and supplementation of FPR. 11-1.107–1 Description. 11-1.108 Deviations. 11-1.108–1 Description-See FPR 1-1.009–1. 11-1.108-2 Procedure.

Subpart 11-1.3-General Policies 11-1.305–6 Military and departmental speci

fications. 11-1.305-50 Procurement of specifications,

qualified products lists and

standards. 11-1.311 Priorities, allocations, and allot

ments. 11-1.313 Records of contract actions. 11-1.315 Use of liquidated damages pro

visions in procurement con

tracts. 11-1.317 Noncollusive bids and proposals. 11-1.350 Patents.

Subpart 11-1.10%Publicizing Procurement

Actions 11-1.1050 Publicizing award Information.

Subpart 11-1.11-Qualified Products

11-1.1150 General. 11-1.1151 Procurement of qualified products

when inadequate competition exists.

Subpart 11-1.16Report of Identical Bids 11-1.1603–3 Submission of reports.

§ 11-1.000 Scope of part.

This part describes the method and contains procedures by which the Coast Guard implements and supplements the Federal Procurement Regulations (FPR). (14 U.S.C. 633) (CGFR 63–21, 28 FR. 6074, June 14, 1963)

Subpart 11-1.5—Contingent Fees 11-1.508 Enforcement. 11-1.508–2 Failure or refusal to furnish

Standard Form 119.

Subpart 11-1.1-Introduction

(1) Subject matter which bears a seAUTHORITY: The provisions of this Subpart

curity classification. 11-1.1 issued under 14 U.S.C. 633.

(2) Policies or procedures which are

expected to be effective for a period of SOURCE: The provisions of this Subpart

less than six months. 11-1.1 contained in CGFR 63–21, 28 F.R. 6074,

(3) Policies or procedures which are June 14, 1963.

effective on an experimental basis for a $ 11-1.100 Scope of subpart.

reasonable period. This subpart establishes Chapter 11,

(4) Policies and procedures pertainCoast Guard Procurement Regulations

ing to other functions of the Coast Guard (CGPR), implementing and supplement

as well as procurement functions and ing the Federal Procurement Regula

there is need to make the issuance avail. tions, and states its relationship to the

able simultaneously to all Coast Guard Federal Procurement Regulations and to

employees concerned. other laws and regulations governing

(5) Where speed of issuance is essenCoast Guard procurement. Certain por

tial, numerous changes are required in tions of CGPR may contain cross-refer

Chapter 11, and all necessary changes ences to the Armed Services Procure

cannot be made promptly. ment Regulation (ASPR) for purposes

(b) Procurement policies and proof guidance or in order to incorporate

cedures issued in other than the FPR by reference material in the ASPR into

System format under paragraphs (a) (4) CGPR.

and (5), of this section, will be codified

into Chapter 11 at the earliest practi$ 11-1.101 Purpose.

cable date, but in any event not later This subpart establishes the Federal than six months from date of issuance. Procurement Regulations, as implemented and supplemented by Chapter

§ 11-1.105 Issuance. 11 (Coast Guard Procurement Regula- $ 11-1.105–1 Code arrangement. tions), as the authorized regulations

Coast Guard Procurement Regulations governing the procurement of supplies and services (including construction) by

which implement, supplement or deviate the Coast Guard from appropriated

from the Federal Procurement Regulafunds, effective 1 July 1963.

tions, Chapter 1 of Title 41 of the Code

of Federal Regulations, will be published $ 11-1.102 Authority.

as Chapter 11 of Title 41, Code of Fed. The Coast Guard Procurement Regu

eral Regulations. lations (CGPR) are prescribed pursuant 8 11-1.105-2 Publication. to the authority of 14 U.S.C. 633, Chap

Chapter 11 of Title 41, Code of Fedter 137 of Title 10 of the United States

eral Regulations will be published in the Code and the Federal Property and Administrative Services Act of 1949.

daily issues of the FEDERAL REGISTER, in

cumulated form in the Code of Federal § 11-1.103 Applicability.

Regulations, and in separate looseleaf

form, These regulations apply to Coast Guard procurement made within and f 11-1.105–3 Copies. outside the United States unless other

Copies of the Coast Guard Procurewise specified. Pending publication of

ment Regulations in the Federal Regisimplementing and supplementing in

ter and the Code of Federal Regulations structions in this Chapter 11, and can

form may be purchased by Federal cellation of existing Coast Guard pro

agencies and the public, at nominal cost curement regulations, the procedures

from the Superintendent of Documents, and regulations previously established,

Government Printing Office, Washington when not in conflict with FPR, will be

25, D.C. Looseleaf form copies of Chapused.

ter 11 will be distributed to Coast Guard § 11-1.104 Exclusions.

activities as authorized by Coast Guard (a) Certain Coast Guard procurement

Headquarters. policies and procedures which come f 11-1.106 Arrangement. within the scope of this Chapter 11 nevertheless may be excluded therefrom

§ 11-1.106–1 General plan. when there is justification therefor. The Coast Guard Procurement ReguThese exclusions may include the fol- lations employ the same numbering syslowing categories:

tem and nomenclature in the Federal

Procurement Regulations and conform policies and procedures of a similarly with Federal Register standards ap- numbered portion of the FPR in greater proved for the FPR, except, that material detail or indicates the manner of compublished in looseleaf form for use only pliance, including any deviations. Howby Coast Guard activities which is not ever, material in Chapter 11 which difpublished in Title 41, Code of Federal fers from material in Chapter 1 (FPR) Regulations will be indicated by the let- shall be regarded as a deviation only if ters“CG” preceding and following the explicitly referenced to be a deviation. material.

(b) Supplementation means CGPR

coverage of matters which have no coun$ 11-1.106–2 Numbering.

terpart in the FPR. (a) Chapter 11 has been allocated to the Coast Guard for implementing and

§ 11-1.108 Deviations. supplementing Chapter 1 of Title 41 CFR, § 11-1.108–1 Description—See FPR the Federal Procurement Regulations.

1-1.009-1. (b) Where the CGPR implements &

Procedure. part, subpart, section, or subsection of

$ 11-1.108–2 the FPR, the implementing part, subpart, In the interest of establishing and section, or subsection of CGPR will be maintaining uniformity to the greatest numbered (and captioned) to corre- extent feasible, deviations from the FPR spond to the part, subpart, section, or and CGPR shall be kept to a minimum subsection of Chapter 1, Title 41 CFR, and controlled as follows: the FPR.

(c) Where the CGPR supplements the (a) In individual cases, deviations FPR, the numbers 50 and up will be as- from the FPR and CGPR may be authorsigned to the parts, subparts, or sections ized by the Commandant (FS), district involved.

commanders and commanding officers of (d) Where the subject matter con- Headquarters units (having contracting tained in a part, subpart, section, or sub- authority), unless otherwise provided. section of FPR requires no implementa- This authority may not be redelegated. tion, the CGPR will contain no (1) A supporting statement for each corresponding part, subpart, section, or individual deviation, which indicates subsection number and the subject mat- briefly the nature of the deviation and ter as published in the FPR governs.

the reasons for such special action shall § 11-1.106-3 Citation.

be included in the contract file.

(2) A copy of the supporting stateCoast Guard Procurement Regulations ment for each individual deviation shall will be cited in accordance with Federal

be forwarded to the Commandant Register standards approved for the (FS). FPR. Thus this section, when referred (b) In classes of cases, requests for to in divisions of the Coast Guard Pro- deviations from the FPR and the CGPR curement Regulations, should be cited as shall be forwarded in triplicate to the "11-1.106-3 of this chapter". When this Commandant (F), and shall be accomsection is referred to formally in official

panied by an appropriate supporting documents, such as legal briefs, it should

statement. Request will be considered be cited as “41 CFR 11-1.106–3”. Any

on an expedited basis, and appropriate section of the Coast Guard Procurement coordination with Headquarters staff and Regulations may be informally identi- operating divisions will be obtained. fied, for purposes of brevity, as CGPR

Requests involving the FPR will be confollowed by the section number, i.e., sidered jointly by the Coast Guard and CGPR 11-1.106–3”.

the General Services Administration, $ 11-1.107 Coast Guard implemanta

unless, in the judgment of the Comtion and supplementation of FPR.

mandant (F), after due consideration of $ 11-1.107-1 Description.

the objective of uniformity and program

responsibilities of the Coast Guard, cirThe Coast Guard Procurement Regu- . cumstances preclude such joint effort. lations “implement" and "supplement" In such cases, the Commandant (F) will the FPR. The meaning of these terms approve such class deviations as be deincludes the following:

termines necessary and will appropri(a) Implementation means a part, ately notify the General Services Adsubpart, section, etc., which treats the ministration.

Subpart 11-1.3-General Policies completion of contract, unless retired

sooner under other proper disposal auAUTHORITY: The provisions of this Sub

thority. part 11-1.3 issued under 14 U.S.C. 633, 10 U.S.C. Ch. 137.

(CGFR 64-26, 29 F.R. 6495, May 19, 1964) & 11-1.305–6 Military and departmental

8 11-1.315 Use of liquidated damages specifications.

provisions in procurement contracts. Military specifications are mandatory

(a) Approval of use. Liquidated damfor Coast Guard use in the procurement

ages provisions which are determined of the items, materials, or services so appropriate and desirable in accordance covered, except that the exemptions for with the policy set forth in § 1-1.315–2 of Federal Specifications in § 1-1.305-2 are this title may be used upon approval by equally applicable to the mandatory use the respective district commander or by the Coast Guard of Military Specifi- commanding officer of a Headquarters cations.

unit. Delegation of this authority is au(CGFR 64–76, 29 F.R. 16252, Dec. 4, 1964) thorized to the District Comptroller or

comparable level. $ 11-1.305–50 Procurement of specifi. (b) Documenting requirements. Re

cations, qualified products lists and quests for approval of rates for liquidated standards.

damages provisions will be made in writProcurement of indexes, specifications, ing. The following information will be standards and handbooks will be effected furnished and approved requests will subin accordance with instructions con- stantiate the file copy of the contract: tained in the Department of Defense In- (1) Identification number of the comdex of Specifications and Standards and templated procurement (PR No., IFB No., the Index of Federal Specifications, and/or contract number); Standards and Handbooks. Initial dis- (2) Type and form of contract contribution of new or revised indexes to au- templated and the required delivery thorized Coast Guard units will be schedule to be met; effected by Coast Guard Headquarters. (3) Data which will adequately subICGFR 64–76, 29 F.R. 16253, Dec. 4, 1964)

stantiate the need for strict compliance

with the delivery schedule by reflecting § 11-1.311 Priorities, allocations, and the damage that will result if the delivery allotments.

schedule is not met; Priority and allocation ratings will be

(4) The estimated dollar amount of assigned in accordance with procedures

the contemplated procurement, whether set forth in Chapter 3B19 of the Comp

or not competition is available, the troller Manual. The contract clause set

amount of liquidated damages to be asforth below shall be inserted in all rat

sessed, and the method of arriving at able contracts whether entered into by

such figure. formal advertising or negotiation, except

(c) Unauthorized use. (1) The liquithat no such clause need be included in dated damages provision will not be used purchase orders of less than $5,000. where the desired delivery date is not

specified. PRIORITIES, ALLOCATIONS, AND ALLOTMENTS

(2) If the supplies or services can be The Contractor agrees, in the procurement reprocured readily from other sources in and use of materials required for the per- case of default and the difference in price formance of this contract, to comply with the provisions of all applicable rules and regu

would represent the full measure of damlations of the Business and Defense Services

ages to the Government, liquidated damAdministration including Defense Material ages provisions will not be used. Systems Regulations.

(d) Remissions. Recommendations (CGFR 64-44, 29 F.R. 12924, Sept. 15, 1964)

concerning remissions will be forwarded

by the contracting officer with appropri8 11-1.313 Records of contract actions.

ate documentation to Commandant (F) Each procurement transaction file will for review and processing. be retained for at least six years after (CGFR 64-44, 29 F.R. 12924, Sept. 15, 1964)

8 11-1.317 Noncollusive bids and pro

posals. Pursuant to Treasury Department Order 167–57 (29 F.R. 235), the authority to make determinations required by $ 1-1.317(b) of this title is delegated to the Comptroller of the Coast Guard. Requests for determinations will be forwarded by the contracting officer with a certified copy of the contractor's statement and bid together with any other pertinent information. (CGFR 64 43, 29 F.R. 11455, Aug. 8, 1964)

811-1.350 Patents.

This section authorizes and prescribes the use of contract clauses and procedures set forth in Part 9 of 32 CFR (ASPR) pertaining to patents, data and copyrights in connection with the procurement of supplies and services. In cases where it is necessary to use prescribed procedures which require departmental action, the matter will be referred to the Commandant (FS) for appropriate action. (CGFR 64–76, 29 F.R. 16253, Dec. 4, 1964)

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