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CHAPTER 13—DEPARTMENT OF

COMMERCE

Page 210

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

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

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PART 13-1 GENERAL

Sec. 13-1.000 Scope of part.

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.

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.

8 13-1.001 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.

8 13-1.002 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

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$ 13-1.009 Deviation.
Deviations from the FPR

and DOCPR shall be kept to a minimum and controlled as prescribed in this section.

8 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 informally identified, for purposes of brevity, as DOCPR followed by the section number, i.e., “DOCPR 131.007-3."

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8 13-1.201 Definitions.

For the purposes of this chapter, and unless otherwise indicated, the following terms have the meanings set forth in this subpart.

а

$ 13–1.204 Head of the agency.

“Head of the agency” means the Assistant Secretary for Administration, unless otherwise indicated in a specific section of this Chapter 13.

8 13–1.205 Procuring activity.

Department of Commerce Procuring Activity” means that organizational element or associated elements of

operating unit or Department office to which procurement authority and responsibility has been delegated.

When a requisitioning office becomes aware that a suggested procurement source is either a Government employee(s) or a business or organization substantially owned by a Government employee(s), or the spouse or immediate family of Government employee(s) the appropriate procurement office shall be immediately notified and shall seek alternative sources. If no alternative sources can be located, the requisitioning office shall prepare a written justification to clearly support a contracting officer decision to procure from the Government employee source and to provide for actions, where possible, to prevent future related procurements from employee sources. Approvals shall be obtained from the head of the operating unit or Departmental office responsible for the requisitioning office and from the Assistant Secretary for Administration or designee prior to any procurement award to a Government employee source.

an

8 13-1.305 Specifications.

8 13–1.206 Head of the procuring activity.

“Head of the procuring activity” means the head of an operating unit or Departmental office which has been delegated procurement authority by the Assistant Secretary for Administration or that deputy, assistant or associate head of the operating unit or Departmental office to whom procurement authority is in turn delegated together with assignment of responsibility for direction and management of the procuring activity. Authorities and responsibilities of the head of the procuring activity shall not be redelegated.

8 13-1.305-3 Deviations from Federal

specifications. The head of each procuring activity shall be responsible to ensure that the requirements contained in 41 CFR 11.305-3 are met and that the recommendations and notifications required therein are submitted to the General Services Administration.

$ 13-1.306 Standards.

8 13-1.250 Organizational elements.

The definitions of various Departmental organizational elements as contained in the Department's Organizational Order series shall apply to Departmental organizational elements referred to in Chapter 13 (DOCPR).

8 13-1.306-1 Mandatory use and applica

tion of Federal standards. Justifications and requests for exceptions from mandatory use of Federal standards as required by 41 CFR 11.306-1 shall be submitted to the General Services Administration by the

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