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N-1.............. New-Excellent ................. New or unused property in excellent conditions. Ready for use and

identical or interchangeable with new items delivered by manufacturer or

normal source of supply. N-2 ............ New-Good.......

New or unused property in good condition. Does not quite qualify for N-1

(because slightly shopworn, soiled, or similar), but condition does impair

utility. N-3............ New—Fair...

.. New or unused property in fair condition. Soiled shopworn, rusted,

deteriorated, or damaged and its utility is slightly impaired. N-4 ............ New—Poor .....

.. New or unused property so badly soiled, rusted, mildewed, deteriorated, or

damaged, that its utility is seriously impaired. E-1 .............. Used-Reconditioned excellent .......... Used property, but repaired or renovated and in excellent condition. E-2 .............. Used-Reconditioned good ........... Used property which has been repaired or renovated and, while still in

good usuable condition, has become worn from further use and cannot

quality for excellent condition. E-3. Used-Reconditioned fair

.. Used property which has been repaired or renovated but has deteriorated

since reconditioning and is only in fair condition. Further overhauling

required or expected to be needed in near future. E-4 ............. Used Reconditioned poor ................ Used property which has been repaired or renovated and is in poor

condition from serious deterioration such as from major wear and tear,

corrosion, exposure to weather or mildew. 0-1 ......... Used-Usable without repairs-Ex- Property which has been slightly or moderately used, no repairs required, cellent..

and still in excellent condition. 0-2.............. Used-Usable without repairs- Used property, more worn than 0-1, but still in good condition with Good..

considerable use left before any important repairs would be required. 0-3............. Used-Usable without repairs-Fair.... Used property which is still in fair condition and usable without repairs;

however, somewhat deteriorated with some parts (or portion) worn and

should be replaced. Used-Usable without repairs- Used property which is still usable without repairs, but in poor condition Poor..

and undependable or uneconomical in use. Parts badly worn and

deteriorated. R-1 ............ Used-Repairs required-Excellent.... Used property, still in excellent condition, but minor repairs required

(repairs would not cost more than 10 pct of acquisition cost). R-2............. Used- Repairs required-Good.......... Used property, in good condition but considerable repairs required. Esti

mated cost of repairs would be from 11 to 25 pct of acquisition cost. R-3.......... Used—Repairs required—Fair............

.. Used property, in fair condition but extensive repairs required. Estimated

repair costs would be from 26 to 40 pct of acquisition cost. R-4 ............ Used— Repairs required—Poor .......... Used property, in poor condition and requiring major repairs. Badly worn,

and would still be in doubtful condition of dependability and uneconomical to use if repaired. Estimated repair costs from 41 to 65 pct of

acquisition cost. X ................. Salvage .............

. Property which because of its worn, damaged, deteriorated or incomplete

condition, or specialized nature, has no reasonable prospect of sale or use as serviceable property without major repairs or alterations, but

which has some value in excess of its scrap value. S................ Scrap...........

Property that has no reasonable prospect of being sold except for the

recovery value of its basic material content. (Sec. 205(c), 63 Stat. 389; 40 U.S.C. 486(c), 10 U.S.C. 2301-2314) (42 FR 45268, Sept. 8, 1977)

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CHAPTER 13—DEPARTMENT OF

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Part 13-1 13-2 13-3 13-4

General...
[Reserved]
Procurement by negotiation..........
Special types and methods of procurement ..........

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Subpart 13-1.0—Regulation System 13-1.001 Scope of subpart. 13-1.002 Purposes. 13-1.003 Authority. 13-1.004 Applicability. 13-1.004-50 Relationship to the FPR. 13-1.006 Issuance. 13-1.006-1 Code arrangement. 13-1.006-2 Publication. 13-1.006-3 Copies. 13-1.006-4 Coordination. 13-1.007 Arrangement. 13-1.007-1 General plan. 13-1.007-2 Numbering. 13-1.007-3 Citation. 13-1.008 Agency implementation. 13-1.008-50 Particular regulatory require

ments of operating units or Department

al offices. 13-1.009 Deviation. 13-1.009-2 Procedure.

Subpart 13-1.4-Procurement Responsibility

and Authority Sec. 13-1.450 Responsibilities of other Govern

ment personnel. 13-1.450-1 General. 13-1.450-2 Planning for procurement. 13-1.450-3 Procurement planning reports. 13-1.450-4 Planning for major systems ac

quisitions. 13-1.450-5 Precontract support. 13-1.450-6 Postaward contract administra

tion. AUTHORITY: Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(c)), as delegated by the Secretary in Department Order 10-5.

SOURCE: 43 FR 22035, May 23, 1978, unless otherwise noted.

Nomenclature Changes: 43 FR 57603, Dec. 8, 1978.

Subpart 13-1.2-Definitions of Terms

13-1.201 Definitions. 13-1.204 Head of the agency. 13-1.205 Procuring activity. 13-1.206 Head of the procuring activity. 13-1.250 Organizational elements.

8 13-1.000 Scope of part.

This part contains information introducing and establishing the Department of Commerce Procurement Regulations (DOCPR) which, combined with the Federal Procurement Regulations (FPR), govern all procurement by the Department of Commerce or any of its organizational elements. The materials contained in this and later parts supplement, implement and provide procedures for supplementation and implementation of, as well as deviation from the FPR.

Subpart 13-1.3—General Policies

Subpart 13-1.0—Regulation System

13-1.302 Procurement sources. 13-1.302-3 Contracts between the Govern

ment and Government employees or business concerns substantially owned

or controlled by Government employees. 13-1.305 Specifications. 13-1.305-3 Deviations from Federal specifi.

cations. 13-1.306 Standards. 13-1.306-1 Mandatory use and application

of Federal standards. 13-1.313 Records of contract actions. 13-1.313-50 General procedures. 13-1.313-51 Exceptions. 13-1.317 Noncollusive bids and proposals. 13-1.317-50 Procedures. 13-1.318 Disputes clause. 13-1.318-1 Contracting Officer's decision

under the disputes clause. 13-1.318-50 Coordination of proposed deci.

sions. 13-1.318-51 Modification or withdrawal of

decisions. 13-1.318-52 Appeals from contracting offi.

cer decisions. 13-1.327 Protection of the privacy of indi

viduals. 13-1.327-5 Procedures.

813-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the DOCPR. It explains the purpose of the DOCPR, the authority under which they are issued, their relationship to the FPR, applicability, method of issuance, exclusions and arrangement. It also outlines procedures for implementing and supplementing the FPR and DOCPR and for deviating therefrom. Ther

813-1.002 Purpose.

The DOCPR, combined with the FPR, are hereby designated as the authorized regulations governing the procurement of personal property and nonpersonal services (including con

struction) and leasing of real property printed in separate loose-leaf volume by the Department of Commerce or by form for distribution to appropriate any organizational unit thereof.

Department of Commerce organiza

tions. $ 13-1.003 Authority.

The DOCPR are prescribed by the 8 13-1.006-3 Copies. Assistant Secretary for Administration

Copies of the DOCPR published in under the authorities contained in 5

the FEDERAL REGISTER and the Code of U.S.C. 301, 5 U.S.C. 552 and section

Federal Regulations may be purchased 205(c), Federal Property and Adminis

from the Superintendent of Docutrative Services Act of 1949 as amend

ments, Government Printing Office, ed (40 U.S.C. 486(c)), as delegated by

Washington, D.C. 20402. Upon rethe Secretary in Department Organi

quest, copies of the DOCPR loose-leaf zation Order 10-5.

volume and amendments and addi8 13–1.004 Applicability.

tions thereto will be distributed to De

partmental Procurement activities and The FPR and DOCPR apply to all

other appropriate DOC organizational procurements, by every operating unit

units, by the Office of Procurement and any other organizational element

and Automatic Data Processing Manof the Department of Commerce

agement. except where specific limited exception authority is provided to the Mari

§ 13-1.006-4 Coordination. time Administration. This exception will only be exercised upon appropri

(a) Comments and suggestions of inate determination by the Assistant

terested Departmental procurement Secretary for Maritime Affairs or a

activities will be solicited where feasiproperly designated delegate. A copy ble during the development of of each exception determination shall

DOCPR issuances. Comments and sugbe forwarded to the Director, Office of

gestions of others will be solicited only Procurement and Automatic Data

when and to the extent deemed approProcessing Management.

priate by the Assistant Secretary for

Administration. $ 13–1.004.50 Relationship to the FPR. (b) Where there is urgent or compel

Material published in the DOCPR ling need to issue regulations which will not repeat, paraphrase, or other

precludes adherence to the procedures wise restate the FPR except to the in paragraph (a) of this section, such extent necessary to supplement, im regulations shall be issued as consecuplement, or deviate therefrom.

tively numbered Temporary Depart

ment of Commerce Procurement Reg8 13-1.006 Issuance.

ulations (TDOCPR) and distributed as

appendicies to the loose leaf DOCPR 8 13-1.006-1 Code arrangement.

volumes. Each TDOCPR shall be efDepartment of Commerce Procure fective for a period stated within the ment Regulations are issued in the TDOCPR, which period shall not Code of Federal Regulations as Chap exceed six months from the date of ister 13 of Title 41, Public Contracts and suance unless extended by the AssistProperty Management.

ant Secretary for Administration.

(c) If a temporary regulation, issued 8 13-1.006-2 Publication.

pursuant to paragraph (b) of this secDOCPR, as deemed necessary by the tion, is intended for eventual permaAssistant Secretary for Administration nent implementation, it shall be disfor information to the general public, tributed for comments and suggestions are published initially in the daily in accordance with paragraph (a) of issue of the FEDERAL REGISTER and in this section. Notices of temporary regfinal cumulated form in Title 41 of the ulation implementation will be pubCode of Federal Regulations. The lished in the FEDERAL REGISTER when above regulations, as well as additional the TDOCPR involves material reviDOCPR material of interest primarily sion to existing DOCPR content of sigfor internal agency guidance, are nificance to business concerns and

813-1.008

Agency implementation.

others properly interested, and where otherwise deemed appropriate by the Assistant Secretary for Administration.

§ 13-1.007 Arrangement.
$ 13-1.007-1 General plan.

The general plan, numbering system and nomenclature, used in the DOCPR conform with those of the Federal Procurement Regulations and FEDERAL REGISTER standards approved for the FPR.

813-1.008-50 Particular regulatory re

quirements of operating units or De

partmental offices. DOCPR issuances may be requested by heads of operating units or Departmental offices to provide for their special regulatory requirements. Such requests shall be submitted to the Assistant Secretary for Administration for approval and issuance as appropriate.

813-1.009 Deviation.

Deviations from the FPR and DOCPR shall be kept to a minimum and controlled as prescribed in this section.

$ 13-1.007-2 Numbering.

(a) This Chapter 13 has been allocated to the Department of Commerce for implementing, supplementing and deviating from Chapter 1 of Title 41 CFR.

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

(c) Where the subject matter contained in a part, subpart, section, or subsection of FPR requires no further implementation, the DOCPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs.

(d) DOCPR's which supplement the FPR will be assigned an appropriate number and title different from any assigned to an FPR.

8 13-1.009-2 Procedure.

(a) Deviations in both individual cases and classes of cases must be authorized in advance by the Director, Office of Procurement and Automatic Data Processing Management (OP&ADPM). Requests for such authorization may be initiated by the heads of operating units or by the heads of their procuring activities. Requests shall: Cite the specific parts of the FPR or DOCPR from which it is desired to deviate; provide a full description of the deviation; indicate the circumstances which will require use of the deviation; and give detailed reasons supporting the action requested.

(b) Where the deviation applies to a class of cases, authorization will be subject to prior coordination with the General Services Administration by the Office of Procurement and Automatic Data Processing Management unless, in the considered judgment of the Director (OP&ADPM), and with due regard to the objective of uniformity, circumstances preclude such coordination. In such an instance, the Office of Procurement and Automatic Data Processing Management shall inform the GSA of the deviation and circumstances under which it was required.

(c) Authorization will be by memorandum addressed to the requesting officer with copies to any other interested offices. The contract file(s) of the requesting office shall include a

8 13-1.007–3 Citation.

DOCPR will be cited in accordance with FEDERAL REGISTER standards approved for the FPR. Thus this section, when referred to in sections of the DOCPR, should be cited as “g 131.007-3 of this chapter.” When this section is referred to formally in official documents, such as legal briefs, it should be cited as “41 CFR 13-1.0073." Any section of DOCPR may be in formally identified, for purposes of brevity, as DOCPR followed by the section number, i.e., "DOCPR 131.007-3."

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