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$9-1.050 Amendment of regulation.

This regulation may be amended from time to time by the senior procurement official, Headquarters, after appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel).

$9-1.051 Other ERDA publications.

$9-1.051-1 Procurement circulars, handbooks, and procurement letters.

Policies, procedures, and information concerned primarily with procurement may be published in ERDA procurement circulars, handbooks, and procurement letters generally under the following circumstances:

(a) Procurement circulars - To provide coverage on an interim basis, pending subsequent incorporation in this regulation;

(b) Procurement handbooks - To provide extensive treatment of a subject that is not suitable for inclusion in this regulation;

(c) Procurement letters - To provide instructions or clarifications in regard to specific areas.

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(a) In accordance with the authority in $9-1.051-1 above, a Procurement Circular, supplementary to this regulation, shall be published as often as may be necessary or advisable for distribution to all recipients of this regulation. Material to be published in each circular shall first be approved by the senior procurement official, Headquarters, after appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel).

(b) PCs will be identified by the prefix letter "PC", followed by the last two digits of the calendar year in which issued and will be numbered consecutively. For example, the first PC issued in calendar 1978 will be identified as PC 78-1.

9-1.501-3 Procurement Handbooks.

(a) In accordance with the authority in $9-1.051-1 above, the senior procurement official, Headquarters, after appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel) may publish Procurement Handbooks (PH) from time to time. These shall be distributed to all recipients of the ERDA-PR.

(b) Handbooks will be identified by the prefix letter "PH" and will be keyed to the appropriate ERDA-PR' subpart. For example, a handbook on profit and fee analysis would bear the identity PH 93.808.

99-1.051-4 Procurement Letters.

(a) In accordance with the authority in $9-1.051-1 above, the senior procurement official, Headquarters, or designee, may issue Procurement Letters from time to time. Procurement letters are concerned with internal practices and procedures which are not suitable for publication in this regulation. They will remain in effect until cancelled.

(b) Procurement Letters will be identified by the prefix letter "PL", followed by the last two digits of the calendar year in which issued and will be numbered consecutively. For example, the control number of the first letter issued in calendar 1978 will be PL 78-1. When appropriate, the applicable subpart of the ERDA-PR will be identified in the subject line.

Subpart 9-1.2 Definition of Terms

$9-1.201 Definitions.

For the purposes of this chapter, and unless otherwise indicated, the following terms have the meaning set forth in this subpart. FPR definitions not implemented herein also apply to this chapter.

$9-1.204 Head of the agency.

"Head of the agency" means the Administrator or Deputy Administrator.

89-1.206 Head of the procuring activity (HPA).

"Head of the procuring activity" has two meanings as used herein. The head of the procuring activity for the Energy Research and Development Administration located at Headquarters is the Director of Procurement. Heads of procuring activities for other than headquarters means those Senior field officials, such as field office managers and Directors of Energy Research Centers which have the authority to award contracts.

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"Senior program official" means the Assistant Administrators and heads of ERDA staff offices, or designees.

$9-1.251 Senior procurement official, Headquarters.

"Senior procurement official, Headquarters" means the Director of Procurement, Headquarters, or designee.

Subpart 9-1.3 General Policies

$9-1.305 Specifications.
99-1.305-1 Mandatory use of Federal Specifications.

(a) The policies and procedures established by FPR 1-1.305 shall be complied with for all direct procurement except as provided in 9-1.305-5.

(b) The paper specification standards published by the Joint Committee on Printing for the purchase of paper to be used on Government-owned printing, binding, and duplicating equipment shall be used in specifying paper requirements for "Federal Printing" as defined in the Government Printing and Binding Regulation.

$9-1.305-3 Deviations from Federal Specifications.

Subject to the requirements of FPR 1-1.305-3, heads of procuring activities, senior program officials or designees, may authorize deviations from Federal Specifications in connection with direct procurement.

305-5 Use of Federal and Interim Federal

Specifications in Construction Contracts.

When specifications for construction are prepared by private firms, heads of procuring activities, senior program officials or designees are responsible for obtaining compliance with the general policies of this subpart to the extent practicable and compatible with meeting program objectives.

$9-1.306-1 Mandatory use and applications

of Federal Standards.

The policies and procedures established by FPR 1-1.306 for the development and use of Federal Standards shall be complied with to the same extent as provided for Federal Specifications in $9-1.305-1, $9-1.305-3, and $9-1.305-5.

$9-1.307 Purchase descriptions.

Specifications should be in such terms as to permit full and free competition among all potential suppliers. However, technical reasons

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specifications and standards are ordered from the cognizant military activity developing each particular specification or standard.

$9-1:353 Prebidding and preproposal conferences.

(a) Wherever considered advantageous, particularly for the more complex, unusual, or large projects, a prebidding or preproposal conference should be held with prospective contractors and their suppliers prior to receipt of bids or proposals in connection with formally advertised or negotiated procurement.

(b) The primary objectives of such conferences are to avoid performance, production and construction problems and contingency items in bids or proposals by:

(1) Outlining principal features of the project.

(2) Answering questions and identifying any ambiguity or obscurity concerning the proposed work and the plans and specifications.

(3) Soliciting prospective contractors' opinions on matters such as feasibility of proposed performance, production or construction techniques and tolerances.

(4) Soliciting prospective contractors' suggested changes in design or in provisions of the proposed contract which could result in more economical production or construction.

(c) Changes or clarifications found to be necessary as a result of a prebidding or preproposal conference shall be included in addenda to the invitation for bids or request for proposals.

(d) Such conferences may also be held prior to the issuance of invitations for bids or requests for proposals when the main objective is to obtain the view of prospective contractors on matters such as production or construction techniques.

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The head of the procuring activity shall ensure that necessary procedures and milestone schedules are established and resources applied to effect the earliest practicable deobligation of projected excess funds and the timely close-out of all procurements which are physically completed or otherwise eligible for close-out action. The following final milestones after physical completion are to be used in extablishing close-out schedules: fixed-price purchase orders--3 months; firm fixed-price contracts, grants, SRSAs and cooperative agreements--6 months; and all others--20 months.

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