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$ 12-1.009 Deviations.

TAD-60 prior to such authorization for the purpose of determining whether such procedures should be included in this regulation;

(5) Procurement instructions specifically identified as being essential for carrying out the peculiar needs of overseas commands of the Coast Guard, authorized by the Commandant of the Coast Guard (or his designee) and notification is given to OST/ TAD-60 prior to such authorization for the purpose of determining whether such instructions should be included in this regulation;

(6) Material determined by OST/ TAD-60 to be inappropriate for DOTPR coverage, but appropriate for inclusion in Administration publications.

(d) Instructions issued in accordance with paragraph (c) of this section shall not contain material which duplicates, is inconsistent with, or increases or restricts the use of, any authority contained in this regulation.

(e) Each Administration shall screen all existing instructions as well as those subsequently issued pursuant to paragraph (c) of this section and (d) above to assure strict compliance with this paragraph, and for the purpose of determining if the subject matter is appropriate for inclusion in this regulation.

(f) Each Administration shall furnish to OST/TAD-60 one copy of each Administration procurement instruction issued in accordance with paragraph (c) of this section.

(g) Regulation implementing and supplementing the DOTPR will not be published in the FEDERAL REGISTER. Any such regulations which are deemed to have an impact on the general public, and any regulations which establish procurement policy, will be reserved for OST publication DOTPR, Chapter 12.

(h) Those FAA Procurement Regulations which supplement the DOTPR, and which are basically instructional in nature, may be retained until they are superseded by comparable material published by the Office of the Secretary.

8 12-1.009-2 Procedure.

(a) In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR and DOTPR will be authorized only when essential to effect necessary procurement or where special circumstances make such deviations clearly in the best interest of the Government.

(b) Requests for authority to deviate from the provisions of the FPR or the DOTPR shall be submitted as far in advance as the exigencies of the situation will permit. Each request for deviation shall contain the following:

(1) A clear statement of the deviation desired, including identification of the specific paragraph number(s) of the FPR or DOTPR,

(2) The reason why the deviation is considered necessary or would be in the best interests of the Government,

(3) If applicable, the name of the contractor and identification of the contract affected,

(4) A statement as to whether the deviation has been requested previously and, if so, circumstances of the previous request,

(5) A description of the intended effect of the deviation,

(6) A statement of the period of time for which the deviation is needed, and

(7) Any pertinent background information which will contribute to a full understanding of the desired deviation.

(C) Deviations from the FPR and DOTPR involving a single contract or procurement may be authorized by the Administrator of the Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, St. Lawrence Seaway Development Corporation, Urban Mass Transportation Administration, National Highway Traffic Safety Administration, the Commandant of the Coast Guard, and each with the power of redelegation. For procurements processed by the Transportation Systems Center and Office of Administrative Operations (OST), deviations may be authorized by the Assistant Secretary for Administration, with the

as

power of redelegation. A copy of each authorized deviation shall be sent to the Director of Installations and Logistics.

(d) Request for deviations from the FPR or DOTPR affecting more than one contract or contractor shall be forwarded to the Director of Installations and Logistics. Requests involving deviations from the FPR will be considered jointly by the Department and the General Services Administration, unless, in the judgment of the Assistant Secretary for Administration, after due consideration of the objective of uniformity and program responsibility of the Department, circumstances preclude such joint effort. In such cases, the Assistant Secretary for Administration will approve such class deviations as he determines necessary and will appropriately notify the General Services Administration.

8 12-1.010 Interagency Procurement

Policy Committee. The Director of Installations and Logistics, OST has been designated the representative for the Department of Transporation on the Interagency Procurement Policy Committee.

(1) The Chief, Procurement and Supply Division, Transportation Systems Center, Cambridge, Mass.

(2) The Chief, Procurement Operations Division, Washington, D.C.

(b) In the Federal Aviation Administration:

(1) The Director, Logistics Service, Washington, D.C.

(2) The Director, Metropolitan Washington Airport Service, Gravelly Point, Va. Capital Airports, Falls Church, Va.

(3) The Director, Alaskan Region, Anchorage, Alaska.

(4) The Director, Western Region, Los Angeles, Calif.

(5) The Director, Southern Region, Atlanta, Ga.

(6) The Director, Pacific Region, Honolulu, Hawaii.

(7) The Director, Central Region, Kansas City, Mo.

(8) The Director, Eastern Region, New York, N.Y.

(9) The Director, Southwest Region, Fort Worth, Tex.

(10) The Director, Aeronautical Center, Oklahoma City, Okla.

(11) The Director, National Aviation Facilities Experimental Center, Atlantic City, N.J.

(12) The Director, New England Region, Burlington, Mass.

(13) The Director, Great Lakes Region, Des Plaines, Ill.

(14) The Director, Rocky Mountain Region, Denver, Colo.

(15) The Director, Northwest Region, Seattle, Wash.

(c) In the Coast Guard, the Comptroller of the Coast Guard, Washington, D.C.

(d) For the Federal Highway Administration, the Associate Administrator for Administration, Washington, D.C.

(e) For the National Highway Traffic Safety Administration, the Associate Administrator for Administration, Washington, D.C.

(f) For the Federal Railroad Administration, the Associate Administrator for Administration, Washington, D.C.

(g) For the St. Lawrence Seaway Development Corporation, the Director, Office of Procurement and Supply, Massena, N.Y.

(h) For the Urban Mass Transportation, the Director, Office of Procure

Subpart 12-1.2-Definition of Terms

8 12-1.204 Head of the agency.

"Head of the agency” means the Secretary and the following assistant chief officials: the Deputy Secretary, the Assistant Secretary for Administration; and for procurements within their Administrations, the Administrators of the Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, Urban Mass Transportation Administration, National Highway Traffic Safety Administration, St. Lawrence Seaway Development Corporation, and the Commandant, U.S. Coast Guard, and the Director, Transportation System Center.

8 12–1.206 Head of the procuring activity.

The following officials have been designated as "head of the procuring activity":

(a) In the Office of the Secretary:

Contract

ment and Third Party Review, Washington, D.C.

Subpart 12-1.3—General Policies

8 12-1.302–3 Contracts between the Gov

ernment and Government employees or business concerns substantially owned or controlled by Government employ

ees.

$ 12–1.250 Administration.

“Administration" means the Federal Aviation Administration, the Federal Highway Administration, the Federal Railroad Administration, the Urban Mass Transportation Administration, the Coast Guard, the St. Lawrence Seaway Development Corporation, and the National Highway Traffic Safety Administration. The term “Administration" also includes the Transportation Systems Center, and the Office of Administrative Operations of the Office of the Secretary. The term "Administration" as used, for example, in the phrase “in accordance with Administration procedures” would include the foregoing organizations, unless the paragraph states otherwise.

Unless a higher authority is specified within an Administration, heads of procuring activities are authorized to except individual contracts from the policy against awarding contracts to Government employees or business concerns substantially owned or controlled by Government employees. Each such exception shall be evidenced by a written determination signed by the head of the procuring activity, setting forth the facts in suf. ficient detail to demonstrate that the exception is being granted for the most compelling reasons, and attaching any supporting documentation. A copy of each such determination, with attachments, shall be forwarded to the Director of Installations and Logistics, OST.

8 12-1.251 Procurement office.

“Procurement office" means an office with a designated contracting officer with authority to enter into contracts over $10,000 in value.

8 12-1.252 Change order.

“Change order" means a unilateral written order signed by the contracting officer, and issued to a contractor pursuant to the Changes clause of the contract.

$ 12-1.305-3 Deviations from Federal

specifications. (a) Each Administration shall designate an official to carry out the responsibilities set forth in FPR 1-1.3053. One copy of each such designation shall be forwarded to the Director of Installations and Logistics, OST.

(b) Whenever a notification or recommendation for a change in a Federal Specification is submitted to the General Services Administration, as provided in FPR 1-1.305-3(b)(5), an information copy shall be forwarded to the Director of Installations and Logistics, OST. Similarly, the Director of Installations and Logistics shall be advised any time the General Services Administration disapproves a deviation from a Federal Specification.

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12-1.305-50 Index to Federal and De.

partment of Defense Specifications and

Standards. The "Index of Federal Specifications and Standards” and the “Department of Defense Index of Specifications and Standards" are issued annually with periodic supplements. These indexes contain general information pertain

ing to their use and the availability of actions and other data. Adherence to other Government specifications. this policy will require the assembly of

either the original or a copy of all doc§ 12-1.306-1 Mandatory use and applica- uments pertaining to the procurement tion of Federal Standards.

in a file consisting of one or more foldWhenever a request for an exception ers. It will also require documentation to the use of a Federal Standard is for the record of all understandings, submitted to the General Services Ad- oral agreements, and any other facts ministration, an information copy of or information pertinent to the transthe submission and GSA's response action. It is left to the discretion of shall be forwarded to the Director of

the procurement official to determine Installations and Logistics, OST.

the manner in which unwritten mat

ters are documented. However, it 8 12-1.307-5 Limitations on use of “brand

would be expected, for example, that name or equal” purchase description.

those of a complex nature would be Purchase descriptions containing the carefully documented by typewritten phrase “or equal” shall not be used as “memorandum for the record”, while a device to grant an advantage to par- routine data might be recorded by a ticular manufacturers by favoring one handwritten notation in the file. Phoproduct over other products, or to sub

tographs should be employed wherevstantiate a determination that no

er they will serve to effectively docuother manufacturer's products are

ment pertinent contract matters. equal in quality and performance to the

(b) Complete documentation will products specifically named.

permit ready reconstruction of all Where a proper determination has

stages of the transaction in order to: been made that only one supplier can

(1) Support actions taken by various furnish the required item or items, the

personnel in the procurement cycle. procurement will be accomplished by negotiation in accordance with FPR

(2) Provide information for internal Part 1-3.

management review and for reviews by

the General Accounting Office. $ 12-1.311 Priorities, allocations and allot- (3) Supply data for use in preparing ments.

replies to legitimate inquiries. The programs of the Coast Guard (4) Furnish essential facts in the and certain programs of the Federal

event of litigation. Aviation Administration are defense- (c) Small purchase records shall be related programs to which the prior

maintained in accordance with FPR ities and allocations regulations apply. Subpart 1-3.6 and DOTPR Subpart Rateable contracts and purchase

12-3.6. orders shall contain the clause set forth in DOTPR 12-7.150-3 and the

§ 12-1.315 Use of liquidated damages proappropriate DO or DX rating (and the

visions in procurement contracts. appropriate allotment number if the order calls for authorized controlled

8 12-1.315-2 Policy. materials) in accordance with the pro- (a) Criteria for use. (1) In proposed visions of DMS (Defense Materials contracts involving an item where only System) Regulation 1 and BDSA Reg. a portion of the quantity ordered is ulation 2. These regulations are availa- for immediate programs, and liquidatble from the Business and Defense ed damages provisions are considered Services Administration of the Depart- to be necessary, care shall be taken to ment of Commerce.

have the liquidated damages provi

sions apply only to the urgent quanti8 12-1.313 Records of contract actions.

ty. (a) In compliance with the require- (2) The use of liquidated damages ments of FPR 1-1.313, each procure- provisions should never be construed ment office shall maintain for each as relieving procurement officials of procurement exceeding $10,000 a con- the obligation of establishing realistic tract file containing a comprehensive delivery or performance schedules. Rerecord of all pre-award and post-award alistic delivery or performance schedules should be a prerequisite to the (c) Enforcement. Where liquidated use of liquidated damages.

damages provisions are used, they (3) Liquidated damages provisions shall be strictly enforced. In making generally should not be used:

partial or progress payments, deduc(i) In contracts for supplies or sery- tions for damages should be made on ices required for routine administra- the basis of the actual number of days tive purposes.

of delay multiplied by the rate. (ii) In contracts for standard com

(d) Termination. If the contract is mercial or “shelf items”.

terminated, the contractor remains (iii) In any contract where time

liable for liquidated damages that would permit the needs of the Depart

have accrued. Moreover, on a default ment to be met by termination and re

termination, liquidated damages conprocurement if the initial contractor

tinue to accrue even after default, defaults.

until the Department can reasonably (iv) In small purchases.

obtain delivery of the supplies or per(v) In study, experimental, develop

formance of the service. This is in adment, or research contracts, including

dition to any other rights of the Govequipment contracts requiring devel

ernment to damages under default opmental work. (b) Rate of assessment. (1) Contract

provisions for the excess costs of reing officers must assure that the rate

procuring the supplies or services of

the terminated contract. of liquidated damages stipulated for a given contract is a reasonable forecast

(e) Remission. An information copy of the Government's anticipated dam

of each submission to the Comptroller ages. A fixed formula, based on per

General of a recommendation for the centage of value, shall not be used to remission of liquidated damages shall establish the rate of damages. The

be forwarded to the Director of Instalminimum amount of liquidated dam- lations and Logistics, OST. ages should be based on the estimated cost of inspection and superintendence

8 12-1.318 Disputes clause. for each day of delay in completion. In When a dispute cannot be settled by addition, the following factors are ex

agreement and a decision under the amples of matters to be considered in

Disputes clause is necessary, the conestablishing the rate of damages:

tracting officer shall review the availa(i) The importance of the item in re

ble facts pertinent to the dispute lation to the facility or project for

before making his final decision. which it is intended.

When there is any doubt as to wheth(ii) The relative importance of the

er the issue in dispute is subject to the item to the facility or project in the

disputes procedure, a decision will be overall program of the Department.

made pursuant to the Disputes clause. (iii) Any rental of facilities necessi

The disputes procedure shall not be tated by the delay in a construction

invoked in cases when a dispute is completion date. (iv) Cost of additional maintenance

clearly not subject to the procedure. required on structures being replaced

The contracting officer shall obtain,

from assigned legal and other advisors, by contract items.

such advice and assistance as is re(v) Any unusual damages that can be anticipated.

quired to render a decision. However,

the decision must be that of the con(2) Unless it is clear that partial delivery will proportionately reduce the

tracting officer. extent of probable damages, rates shall not be specified to be applicable

8 12-1.318-50 Contracting officer's deci. to individual units of an item, but

sion under the Disputes clause. rather to quantities of an item or to

When a final decision of the congroups of items which are required for tracting officer concerns a dispute delivery or completion at the same that is or may be subject to the Distime. Rates should generally be ex- putes clause, the following paragraph pressed in terms of even dollars per shall be added to the paragraph conday of delay.

tained in FPR 1-1.318-1:

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