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Headquarters USAF. Requests for authority to make such deviations will be forwarded through the head of the procuring activity concerned.
(b) Any basic legal question involved in deviation from the requirements of these regulations will be referred, in the case of Headquarters USAF, direct to the General Counsel, Department of the Air Force, and in the case of other components of the Air Force, to the Staff Judge Advocate, Air Materiel Command, for reference, if required or desirable, to the General Counsel. For this purpose and any other purpose involving policy having legal implications, direct communication is authorized between the Staff Judge Advocate, Air Materiel Command and the General Counsel.
(c) Reports of deviations from the requirements of Subchapter A, Chapter I of this title (Armed Services Procurement Regulations) to the other Departments and the Munitions Board, as set forth in § 1.108 of this title, will be made by the Director of Procurement and Production Engineering.
[18 F. R. 6260, Oct. 1, 1953]
§ 1000.110 Administration and interpretation. All instructions, procedures, deviations, and interpretations with respect to Subchapter A, Chapter I of this title (Armed Services Procurement Regulations), and/or these procedures, shall be approved by the Deputy Chief of Staff, Matériel. All instructions, procedures, deviations, and interpretations with respect to the Procuring Activity Instructions shall be approved by the head of the procuring activity concerned.
CROSS REFERENCE: For Armed Services Procurement Regulations which this section implements see § 1.109 of this title.
§ 1000.112 Periodic reports of purchases and contracts. (a) To comply with the instructions of the President of the United States and the provisions of 62 Stat. 21; 41 U. S. C. 151-161, the maintenance of records and preparation of reports covering all procurement actions by the Department of the Air Force is required.
(b) The Commanding General, Air Matériel Command, is charged with the responsibility of obtaining data and maintaining records from which these reports will be made.
CROSS REFERENCE: For Armed Services Procurement Regulations which this section implements see § 1.110 of this title.
§ 1000.113 Reports of suspected criminal conduct. Reports of possible violations of Federal criminal statutes in connection with procurement and related matters, including reports of possible fraud, will be made in accordance with current instructions. See § 1001.406 of this subchapter.
SUBPART B-DEFINITION OF TERMS
§ 1000.201 Definitions—(a) Procuring activity. The term "procuring activity" as used in §§ 1.201-3 and other sections of Subchapter A, Chapter I of this title and this subchapter means the Air Matériel Command. The Air Matériel Command has been designated as the sole "procuring activity" within the Department of the Air Force.
(b) Head of a procuring activity. The term "head of a procuring activity" as used in §§ 1.201-4 and other sections of Subchapter A, Chapter I of this title and this subchapter means the Commanding General, Air Matériel Command, who has been designated as the sole "head of a procuring activity" within the Department of the Air Force.
(c) Appropriated funds. Comprises all such funds, including funds allocated to, as distinguished from appropriated to, the department (including available contract authorizations); but does not include organization, unit, or similar funds.
(d) Local purchase. Means the purchase, with appropriated funds allocated for the purpose, of materials, supplies, and services by an Air Force installation for use and consumption by that installation or other installations assigned to it for the issue of materials and supplies.
CROSS REFERENCE: For Armed Services Procurement Regulations which this section implements see § 1.201 of this title.
[15 F. R. 8970, Dec. 16, 1950, as amended at 16 F. R. 2794, Mar. 30, 1951]
(b) Principal purchasing office. The following office is designated the principal purchasing office of the Air Force Establishment:
Procurement Division, Headquarters,
Wright-Patterson Air Force Base,
[18 F. R. 6260, Oct. 1, 1953]
SUBPART C-BASIC POLICIES
SOURCE: §§ 1000.300 to 1000.318 appear at 15 F. R. 8971, Dec. 16, 1950, except as otherwise noted.
§ 1000.300 Methods of procurement. Notwithstanding the provisions of § 1.301 of this title, during the period of the National Emergency declared by the President on December 16, 1950, the Assistant Secretary of the Air Force has authorized the negotiation of all purchases and contracts under section 2 (c) (1) of the Armed Services Procurement Act of 1947 (sec. 2 (c) (1), 62 Stat. 21; 41 U. S. C. 151). Procurement may continue to be effected by formal advertising only when time permits and delivery requirements are not jeopardized by such action, and when such method will not adversely affect the broadening of the industrial base. (See §§ 1001.102 and 1002.201 of this subchapter). [18 F. R. 6260, Oct. 1, 1953]
§ 1000.301 Centralized purchase activities at Air Force installations. For the purpose of maintaining a high degree of efficiency and to effect the most economical management and organization of local purchase activities, the policy of the Department of the Air Force is to centralize the functions of purchasing and contracting in a consolidated activity at all Air Force installations authorized to make local purchases from appropriated funds.
§ 1000.302 Small business concerns. (a) Full consideration will be given to the stated policy of the Department to place with small business concerns a fair proportion of the total procurement of supplies and services for the Department. In view of the fact that a very high percentage, in dollar value, of Air Force requirements can be suitably produced only by large plants, and only a correspondingly small percentage, in dollar value, can be suitably produced by small plants, the policy of the Department of the Air Force is to place as many contracts as possible in this
latter category with competent small plants. However, the awarding of contracts to other than the low bidder, in those cases where formal advertising is required, solely on the basis that a bidder qualifies as a small business concern, is not authorized (see 28 Comp. Gen. 662). For awards to small business concerns in the case of equal low bids see § 1001.405 of this subchapter.
(b) In addition to prime contracts which are awarded to small business concerns as the lowest responsible bidders, or made as a result of negotiation, participation of small business in Air Force procurement programs may be accomplished through the medium of subcontracts. Procurement personnel, both at the time of making large contracts and in the administration thereof, should encourage the prime contractors and their larger subcontractors to utilize small business concerns to the fullest extent possible; quality, delivery, and reasonable costs considered.
(c) The report of total value of all contracts placed with small business concerns will be prepared and submitted in accordance with current directives.
CROSS REFERENCE: For Armed Services Procurement Regulations which this section implements see § 1.302-3 of this title. [15 F. R. 8971, Dec. 16, 1950, as amended at 18 F. R. 6260, Oct. 1, 1953]
§ 1000.303 Ineligible contractors and disqualified bidders. Department of the Air Force policies and procedures, with respect to ineligible contractors and disqualified bidders, are as follows:
(a) Policies. The following general policies have been established regarding ineligible contractors and disqualified bidders:
(1) Authority to determine whether a person or firm will be declared ineligible or disqualified to bid on Air Force contracts rests with the Deputy Chief of Staff, Matériel, Headquarters United States Air Force.
(2) Air Force contracts will not be placed with persons or firms in the categories outlined below, and which are published in the Department of the Air Force list of ineligible contractors and disqualified bidders.
(3) An Air Force list of ineligible contractors and disqualified bidders will be maintained for the information and guidance of purchasing and contracting
officers, in accordance with the procedures outlined in paragraph (c) of this section.
(4) A bidder will be disqualified and placed on the Air Force list of ineligible contractors and disqualified bidders only after receipt of definite evidence showing that the acts of the person or firm constituted a fraud or attempted fraud against the United States. Declaring a contractor or bidder disqualified is a drastic action and must be based upon evidence rather than accusation. Disqualification of a bidder is an administrative determination which may be modified by the Department of the Air Force when it is in the interest of the Government to do so.
(5) Placing the name of a person or firm upon the list of ineligible contractors and disqualified bidders will be for the purpose of protecting the interests of the Government and not for punishment.
(b) Categories. The following categories of persons or firms will be placed on the list of ineligible contractors and disqualified bidders and contracts will not be placed with them:
(1) Those listed by the Comptroller General, which have been found by the Secretary of Labor to have violated any of the agreements or representations of the Walsh-Healey Public Contracts Act (49 Stat. 2036 as amended; 41 U. S. C. 35);
(2) Those listed by the Department of Labor which have been held ineligible to be awarded contracts subject to the Walsh-Healey Public Contracts Act because they do not qualify as "manufacturers" or "regular dealers" within the meaning of the act;
(3) Those found by the Comptroller General to have violated the requirements of the Davis-Bacon Act (46 Stat. 1494 as amended; 40 U. S. C. 276a);
(4) Those declared ineligible, suspended, or disqualified by the Department of the Air Force, including violators of the Buy American Act (47 Stat. 1520; 41 U. S. C. 10a-c). (See § 6.108 of this title) and persons or firms suspected of fraud against the Government;
(5) Other contractors and bidders who may be declared ineligible, suspended, disqualified, or debarred by the Department of the Army, Department of the Navy, or other Government agen
cies when the action is considered appropriate by the Deputy Chief of Staff, Matériel, Headquarters United States Air Force.
(c) List of ineligible contractors and disqualified bidders. This list is prepared by the Deputy Chief of Staff, Matériel, Headquarters United States Air Force, and published and distributed by the Air Adjutant General, in accordance with the following stipulations and procedures:
(1) The original list, published July 1, 1949, is a Confidential publication containing the names, in alphabetical order, of all contractors or bidders that are ineligible, suspended, or disqualified for any reason (except those disqualified for security reasons), and is the only official Air Force list of this nature.
(2) In accordance with § 1.608 of this title, the list contains, as a minimum, the following information:
(i) The name and address of each contractor or bidder;
(ii) The reason for placing each person or firm on the list; and
(iii) The extent to which Air Force procurement activities are restricted in their dealings with any person or firm on the list.
(3) Additions or deletions to the list will be issued as often as considered necessary in accordance with the following procedures:
(i) Upon advice of the Comptroller General or Department of Labor in the case of firms or persons listed in accordance with paragraph (b) (1), (2) and (3) of this section. The provisions and requirements of the Walsh-Healey Public Contracts Act and the Davis-Bacon Act, and the procedures thereunder, including reports of violations, are covered in Part 12 of this title.
(ii) Persons or firms suspected of fraud against the Government will be reported in accordance with the provisions of current directives, and will be added or deleted from the list pursuant to paragraph (d) of this section.
(iii) Upon request by any procurement activity of the Department of the Air Force or staff offices of Headquarters United States Air Force, requests will be submitted through channels to the Deputy Chief of Staff, Matériel, Headquarters, United States Air Force, Washington 25, D. C., and will contain the name and address of the contractor or bidder;
a full statement of the facts pertaining to the case including reports of investigation, disposition, citations to court action, or other applicable and pertinent documents; and the names and addresses of all persons known to have a knowledge of the facts and circumstances.
(iv) If, upon consideration of all available evidence, it is determined by the Deputy Chief of Staff, Matériel, that it is to the best interests of the Government to add or delete the name of a contractor or bidder, such information will be published in the Air Force list of ineligible contractors and disqualified bidders.
(4) Exchange of lists. As required by § 1.608 of this title, the Air Adjutant General will insure that copies of the Department of the Air Force list of ineligible contractors and disqualified bidders are distributed to the Department of the Army, Department of the Navy, and other interested Government agencies.
(d) Action by procurement activities. When the name of a person or firm appears upon the Air Force list of ineligible contractors and disqualified bidders, procurement offices and activities will take the appropriate action prescribed below:
(1) Ineligible contractors. (i) No awards will be made to such persons or firms until they have been removed from the list, or the specified period of ineligibility or disqualification has expired.
(ii) Such persons or firms will not be carried on any bid mailing lists and bids will not be invited from them.
(iii) In the event a bid is tendered by an ineligible contractor, it will be received and recorded with the other bids offered on the purchase. If the bid is low, it will be rejected and the following reason given on the certificate to the General Accounting Office: "In accordance with the decision of the Comptroller General of the United States, contained in his letter to the Secretary of War, July 23, 1929 (9 Comp. Gen. 23), the bid of is rejected because of previous unsatisfactory dealings."
(iv) When a National Production Authority allocation order is received by an Air Force base for issuance of scrap steel or other critical materials to a firm whose name appears on the Air Force List of Ineligible Contractors and Disqualified Bidders, the Directorate of Pro
curement and Production Engineering, Headquarters USAF will be advised promptly by telephone or electrical means. A full letter report will follow. The issuance of the allocation will not be made until clearance in writing for the issuance has been granted by the Directorate of Procurement and Production Engineering, Headquarters USAF, and received by the person authorized to issue the allocation.
(2) Suspended contractors. (i) Procurements will not be made from, or commitments given to, firms suspected of fraud against the Government unless written clearance is obtained from the Deputy Chief of Staff, Matériel, Headquarters United States Air Force.
(ii) Administration of contracts on which performance is current may continue if the best interests of the Government are thereby served and fully protected, unless otherwise directed by Headquarters United States Air Force.
(iii) In the case of suspected fraud on the part of contractors in the termination of Air Force contracts, negotiations toward settlements will cease and no settlement agreement will be entered into without clearance from the Deputy Chief of Staff, Matériel. Negotiations toward settlement must also cease with respect to subcontracts with the prime contractor and with all lower tier subcontractors to the suspected contractor. Any delegations of authority to the suspected contractor under Joint Termination Regulation 642 will be revoked immediately without explanation.
(iv) As soon as possible after submission of the initial report of suspected fraud, four copies of a brief financial analysis of the suspected firm will be submitted to the Deputy Chief of Staff, Matériel, based upon information available in Air Force records. This supplemental report will include a statement of outstanding contracts and an estimate of the uncompleted portion thereof, together with an estimate of the amounts of money due and owing the contractor from the Air Force.
(3) Disqualified bidders. The same action is prescribed for disqualified bidders as for ineligible contractors, as set forth in subparagraph (1) of this paragraph.
(e) Inquiries. All inquiries pertaining to ineligible contractors and disqualified bidders will be handled as follows:
[15 F. R. 8971, Dec. 16, 1950, as amended at 18 F. R. 6260, Oct. 1, 1953]
§ 1000.304 Specifications-(a) In general. Every item on an invitation for bids (formal advertising) or a request for proposals (negotiation) will refer to the applicable specifications, or in lieu thereof will contain a purchase description, as indicated below.
(b) Specifications authorized for procurement. The following types of specifications are authorized for procurement:
(1) Federal specifications;
(2) Coordinated Military (MIL, JAN) specifications;
(3) Air Force-Navy Aeronautical specifications.
(c) Requirement. Purchases will not be made without referencing the applicable Federal, coordinated Military (MIL or JAN) or Air Force-Navy Aeronautical specifications, except for those purchases required for:
(1) Research and development projects, including experimental, engineering, service and field tests, provided that the technical and quantity requirements of the items are approved for these purposes by appropriate technical committee action;
(2) The current military program, provided that the specification(s) used are actually in process of conversion to a Federal or Coordinated Military specification;
(3) Spare parts, components, or materials required for existing stocks of
matériel or for items required for maintenance and operation of established installations.
(d) Use of other specifications or purchase description. Items required, for which no applicable Federal, Coordinated Military, or Air Force-Navy Aeronautical specifications exists, will be purchased in the order of preference listed, by the use of:
(1) An uncoordinated military specification;
(2) A department specification;
(e) Purchase description. If the item required is not covered by any specification, and preparation of a specification is not justified, a purchase description containing all of the essential requirements to be met by the item will be used instead. If, because of technically involved construction or other sufficient reasons, such description cannot be made, the name of one or more makes of the item, including the words "or equal" will be specified in order that competition will not be limited to the particular make specified. This action is authorized as an expedient only, and not a normal procedure. Repeated use of this practice for the purchase of any item indicates a need for a specification and will be reported to the Commanding General, Air Matériel Command. though the invitation contains the phrase "or equal," resulting contract, if placed with a manufacturer other than the one named, should describe the item by the part number or nomenclature of the manufacturer.
(f) Options permitted by specifications. Many adopted specifications cover several grades or types, and provide for several options in methods of inspections, etc. When such specifications are used, the invitation will state specifically the grade, type, or method of inspection, etc., on which bids are to be based.
CROSS REFERENCE: For Armed Services Procurement Regulations which this section implements see § 1.305 of this title.
§ 1000.305 Conduct of procurement personnel. (a) In accordance with certain restrictions imposed on Government officers and agents by applicable sections of the Criminal Code (especially Title 18 U. S. Code 434, 283, 216, and 281), and in accordance with the general policy against conflicting private interests