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CHAPTER 12-DEPARTMENT OF
12 50 53 67 73 74 77
opmental costs ....... 12-10 Bonds and insurance ........ 12-16 Procurement forms .... 12-17 Extraordinary contractual actions to facilitate the
national defense .... 12-18 Procurement of construction 12-26 Contract management 12-30 Contract financing 12-50 Service contracts.......... 12-60
Contract appeals............ 12-70
Government property. 12-99 Departmental orders.......... Supplement 1-Manual for control of property in posses
sion of contractors.......
156 165 168
170 170 171 172 173 176 185 197
12-1.302-3 Contracts between the Govern
ment and Government employees or business concerns substantially owned
or controlled by Government employees. 12-1.305-3 Deviations from Federal specifi
cations. 12-1.305-50 Index to Federal and Depart
ment of Defense Specifications and
Standards. 12-1.306-1 Mandatory use and application
of Federal Standards. 12-1.307-5 Limitations on use of "brand
name or equal" purchase descriptions. 12-1.311 Priorities, allocations and allot
ments. 12-1.313 Records of contract actions. 12-1.315 Use of liquidated damages provi
sions in procurement contracts. 12-1.315-2 Policy. 12-1.318 Disputes clause. 12-1.318-50 Contracting officer's decision
under the disputes clause. 12-1.318-51 Agreement after appeal is
filed. 12-1.318-52 Payment after appeal is filed. 12-1.318-53 Implementation of decisions of
the Contract Appeals Board.
12-1.701-1 Small business concern (for
Government procurement). 12-1.704 Agency program direction and op
eration. 12-1.704-50 Small business assistance offi
cer. 12-1.704-51 Small business specialists. 12-1.708 Certificate of competency pro
gram. 12-1.708-2 Applicability and procedure. 12-1.750 Procurement set-asides for small
business when an SBA representative is
not available. 12-1.750-1 General. 12-1.750-2 Review of set-aside recommen
dations initiated by small business spe
cialists. 12-1.750-3 Withdrawal or modification of
set-asides. 12-1.750-4 Contracting authority. 12-1.751 Small business set-aside for pro
posed construction procurements.
Subpart 12-1.8–Labor Surplus Area Concerns
12-1.807 Report on preference procure
ment in labor surplus areas.
Subpart 12-1.9—Reporting Possible Antitrust
Violations Sec. 12-1.901 General.
Subpart 12-1.53—Voluntary Refunds Sec. 12-1.5301 General. 12-1.5302 Solicited refunds. 12-1.5303 Disposition of voluntary refunds.
Subpart 12-1.11-Qualified Products
Subpart 12-1.54–Acquisition of Equipment by
Lease, Purchase, or Lease With Option To Purchase
12-1.1150 General. 12-1.1151 Justification for inclusion of
qualification requirements. 12-1.1152 Prior determinations. 12-1.1153 Availability of lists. 12-1.1154 Opportunity for qualification. 12-1.1155 Clarification of qualification re
quirements. 12-1.1156 Procurement of qualified prod
ucts. 12-1.1156-1 General. 12-1.1157 Contract provisions. 12-1.1158 Effect of debarment or suspen
sion. 12-1.1159 Waiver of qualification require
ment. 12-1.1160 Inadequate competition. 12-1.1161 Reporting nonconformance with
specification requirements. 12-1.1162 Misuse of QPL information.
12-1.5401 General. 12-1.5402 Telewriting equipment and office
copying machines. 12-1.5403 Automatic data processing equip
ment. 12-1.5404 Lease/purchase determinations. 12-1.5405 Selecting the method of acquisi
tion. 12-1.5405-1 Purchase method. 12-1.5405-2 Lease-with-option-to-purchase
method. 12-1.5405-3 Lease method. 12-1.5406 Periodic cost comparisons on
Subpart 12-1.12-Responsible Prospective
12–1.1204 Determination of responsibility
or nonresponsibility. 12-1.1204-1 Requirement.
Subpart 12-1.16—Report of Identical Bids
12-1.1603 Reporting requirement. 12-1.1603-3 Submission of reports.
Subpart 12–1.52—Value Engineering
12-1.5201 Policy. 12–1.5202 Value engineering incentives. 12-1.5202-1 Description. 12-1.5202-2 Use of value engineering incen
tive clause. 12-1.5202-3 Value engineering clauses. 12–1.5202-4 Types of savings to be shared
with the contractor. 12-1.5203 Sharing arrangements. 12-1.5203-1 Sharing rates. 12-1.5203-2 Sharing base. 12-1.5203-3 Sharing period. 12-1.5203-4 Methods of sharing for future
acquisitions. 12-1.5204 Submission and processing. 12-1.5205 Future payment funding and
notice for future acquisition contracts. 12-1.5206 Value engineering program re
quirement. 12-1.5207 Contracting officer decision
Subpart 12-1.55—Multi-year Procurement 12-1.5500 Scope of subpart. 12-1.5501 Description of multi-year proce
dure. 12-1.5502 Policy. 12-1.5502-1 Principal advantages. 12-1.5502-2 Principal objective. 12-1.5502-3 Cost savings factors to consid
er. 12-1.5502-4 Set-asides. 12-1.5502-5 Multi-year subcontracts. 12-1.5503 Application-criteria. 12-1.5504 Method of solicitation. 12-1.5505 Procedures. 12-1.5505-1 Requirements. 12-1.5505-2 Previous competition. 12-1.5505-3 No previous competition. 12-1.5505-4 Pricing-unit price. 12-1.5505-5 Comparison criteria. 12-1.5505-6 Single year and/or multiyear
award. 12-1.5505-7 Cancellation ceiling. 12-1.5505-8 Schedule provision. 12-1.5505-9 Quantity obligation. 12-1.5506 Establishment and revision of
cancellation ceilings. 12-1.5507 Funds obligation-contingent li
abilities. 12-1.5508 Payment for cancellation. 12-1.5509 Schedule provision limiting pay
ment obligation. 12-1.5510 Termination for convenience. 12-1.5511 Limitations. 12-1.5512 Evaluation. 12-1.5513 Award. 12-1.5514 Contract clauses.
Subpart 12-1.56—Preaward Survey Procedures
12-1.5600 Scope of subpart.
Sec. 12-1.5601 General. 12-1.5601-1 Need for survey. 12-1.5601-2 Type of survey. 12-1.5601-3 Conducting the survey. 12-1.5601-4 Release of survey information. 12-1.5601-5 Preparation for the survey. 12-1.5601-6 On-site survey procedures. 12-1.5602 Survey report. 12-1.5602-1 Format. 12-1.5602-2 Standards. 12-1.5603 Guide for on-site evaluation of
prospective contractor. 12-1.5604 Format for on-site survey report.
AUTHORITY: Sec. 205(c), 63 Stat. 389; 40 U.S.C. 486(c), 10 U.S.C. 2301-2314.
SOURCE: 42 FR 45178, Sept. 8, 1977, unless otherwise noted.
8 12-1.005 Exclusions.
(a) Certain Department of Transportation procurement policies and procedures which come within the scope of this Chapter 12 nevertheless may be excluded when there is appropriate justification, such as:
(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 and procedures which are effective on an experimental basis for a reasonable period.
Subpart 12-1.0-Regulation System
8 12-1.006-1 Code arrangement.
DOTPR which implement, supplement or deviate from the FPR (Chapter 1 of 41 CFR) and have an impact upon the public will be published as Chapter 12 of 41 CFR.
§ 12-1.001 Scope of subpart.
This subpart describes the Department of Transportation Procurement Regulations in terms of establishment, authority, applicability, issuance, arrangement, implementation, and supplementation of the Federal Procurement Regulations, exclusions, Office of the Federal Procurement Policy Regulations, and deviation procedure.
8 12-1.006-2 Publication.
Chapter 12 of 41 CFR will be published in the FEDERAL REGISTER, in cumulative form in the Code of Federal Regulations, and in separate looseleaf form on blue paper. The looseleaf form is designed to permit interleaf into the FPR.
§ 12–1.002 Purpose.
(a) This subpart establishes Chapter 12, Department of Transportation Procurement Regulations (DOTPR), implementing and supplementing the Federal Procurement Regulations (FPR), and states its relationship to the FPR.
(b) The FPR, as implemented and supplemented
Chapter 12 (DOTPR), are the authorized regulations governing the procurement of supplies and services (including construction and concessions) and the procurement of real property by lease, by the Department of Transportation. § 12–1.003 Authority.
The DOTPRs are prescribed pursuant to the authority of section 205(c) of the Federal Property and Administrative Services Act of 1949.
& 12-1.006–3 Copies.
Copies of the DOTPR in the FEDERAL REGISTER and in the Code of Federal Regulations may be purchased by Federal agencies and the public, at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Looseleaf copies of Chapter 12 will be distributed to Department of Transportation activities as authorized by the Director of Installations and Logistics, Office of the Secretary of Transportation.
8 12-1.006–4 Coordination.
In the development of the DOTPR, the views of the Operating Administrations of the Department of Transportation will be solicited. Public notice of changes or additions to the DOTPR will be published in the FEDERAL REGISTER before issuance, when appropriate.
8 12-1.004 Applicability.
These regulations apply to all Department of Transportation procurements, unless otherwise specified.
Administration. Coast Guard Federal Highway
Administration. Federal Railroad
Administration. St. Lawrence Seaway
Corporation. Office of
Operations, OST. Urban Mass
Administration. National Highway
8 12-1.007-2 Numbering.
(a) Where the DOTPR implement a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of DOTPR will be numbered (and captioned) to correspond to the part, subpart, section, or subsection of the FPR.
(b) Where the DOTPR supplement the FPR, the number 50 and up will be assigned to the parts, subparts, or sections involved.
(c) Where the subject matter contained in a parts, subpart, section, or subsection of FPR requires no implementation, the DOTPR will contain no corresponding parts, subpart, section, or subsection number and the subject matter as published in the FPR governs.
8 12-1.007-3 Citation.
DOTPR will be cited in accordance with FEDERAL REGISTER standards approved for the FPR. For example, this section, when referred to in the DOTPR, may be cited as “12-1.007-3". Any section of these regulations may be informally identified for purposes of brevity, as DOTPR, followed by the section number; i.e., “DOTPR 121.007-3”.
(c) The Administrations and their subordinate organizations shall not issue instructions, including directives, regulations, contract forms, contract clauses, policies, or procedures implementing the DOTPR 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 consistent with paragraph (d) 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 is not set forth in this regulation;
(3) A variation of any contract clause which is set forth in this regulation but not for use verbatim, provided that such variation is not inconsistent with the intent, principle and substance of the DOTPR clause or related coverage of the subject matter;
(4) Procurement procedures specifically identified as being essential for carrying out the peculiar needs of an Administration when authorized by the head of the agency, or his designee, and notification is given to OST/
8 12-1.008 Implementation.
(a) The DOTPR implement and supplement the FPR. Implementing material is that which expands upon related FPR material. Supplementing material is that for which there is no counterpart in the FPR.
(b) The DOTPR may in turn be implemented and supplemented by regulations issued by the following, using the letter suffix indicated: