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Subpart 1-Specifications, Plans, and Drawings Sec. 1001.1201 General. 1001.1202 Mandatory specifications. 1001.1203 Availability of specifications,

plans, and drawings. 1001.1206 Purchase descriptions. 1001.1206-1 General. 1001.1206–2 Brand name or equal purchase

descriptions. 1001.1206–3 Invitation for bids-"Brand

Name or Equal" purchase

descriptions. 1001.1207 Alternate articles or quantities.

Subpart M-Transportation 1001.1301 General. 1001.1305 Delivery terms. 1001.1305–2 F.o.b. origin or destination. 1001.1305–3 F.o.b. destination. 1001.1305-4 F.o.b. origin. 1001.1306 Consignment and marketing in

structions. 1001.1309 Volume shipments within the

United States. 1001.1313 Transportation rates and re

lated costs.

Subpart H-Labor Surplus Area Concerns Sec. 1001.800 Scope of subpart. 1001.802 General policy. 1001.803 Application of policy. 1001.804 Partial set-asides for labor sur

plus are concerns. 1001.804-1 General. Subpart Responsible Prospective Contractors 1001.902 General policy. 1001.902-1 General requirements for obtain

ing FCR. 1001.902-2 Exemptions. 1001.902-3 Financial clearance. 1001.904 Determinations of responsibility

and nonresponsibility. 1001.904–1 Requirement. 1001.905 Procedures for determining re

sponsibility of prospective con

tractors. 1001.905-1 General. 1001.905-4 Pre-award surveys. 1001.907 Disclosure of pre-award data. 1001.950 Small business procedures. 1001.951 Procedures for special source

surveys. 1001.952 Optional special source survey

procedures. Subpart J-Publicizing Procurement Actions 1001.1002 Avallability of invitations for

bids and requests for pro

posals. 1001.1002-50 Active reference files. 1001.1002-51 Distribution of invitations for

bid and requests for pro

posals. 1001.1003 Synopses of proposed procure

curements. 1001.1003-1 General. 1001.1003-3 Synopses of subcontract op

portunities. 1001.1003-8 Time of publicizing. 1001.1003–9 Preparation and transmittal. 1001.1004 Synopsis of contract awards. 1001.1004-1 Preparation and transmittal. 1001.1005 Paid advertisements in news

papers and trade journals. 1001.1005–3 General. 1001.1005–5 Authority and delegation. 1001.1005–6 Requests for authority to place

advertisement. 1001.1005–7 Preparation of advertisement. 1001.1005-8 Insertions. 1001.1005-9 Rates. 1001.1005-11 Forms. 1001.1006 Publicizing award information. 1001.1006–2 Awards after procurement by

negotiation. 1001.1006-50 General information.

Subpart K-Qualified Products 1001.1103 Justification for inclusion of

qualification requirements. 1001.1104 Availability of lists. 1001.1105 Opportunity for qualification. 1001.1108 Waiver of qualification require

ment.

Subpart N— Preference for United States-Flag

Privately owned Ocean Carriers 1001.1405 Responsibilities. 1001.1405–1 Military departments

Subparts 0 Through T-[Reserved) Subpart U—Industry Advisory Committees 1001.2100 Scope of subpart. 1001.2102 Statement of position. 1001.2103 Limitations. 1001.2105 Responsibility.

AUTHORITY: $ $ 1001.101 to 1001.2105 issued under sec. 8012, 70A Stat. 488; 10 U.S.C. 8012. Interpret or apply secs. 2301-2314, 70A Stat. 127-133; 10 U.S.C. 2301-2314.

Subpart A-Introduction SOURCE: $3 1001.101 to 1001.113–1 appear at 27 F.R. 9912, Oct. 9, 1962, except as otherwise noted. § 1001.101 Purpose of subchapter.

The Air Force Procurement Instruction (AFPI) is issued by the Commander, AFLC by authority of the Secretary of the Air Force, delegated through the Director of Procurement Management (AFSPP), DCS/S&L, Hq USAF. It implements the Armed Services Procurement Regulation (ASPR) (Subchapter A, Chapter 1 of this title) and establishes for the Air Force uniform policies and procedures for the procurement of supplies and services under the authority of Chapter 137, Title 10 of the United States Code or other laws. [28 F.R. 9579, Aug. 31, 1963)

§ 1001.102 Applicability of subchapter. lating to procurement of supplies and

services within the Air Force, except This subchapter applies to all procurements of supplies or services which obli

those contained in Subchapter A, Chap

ter I of this title and the 70 series of Air gate appropriated funds (including contract authorizations). If a particular

Force regulations. part, subpart, or section has a limited § 1001.105 Amendment of AFPI and application, it will so state.

ASPR. $ 1001.103 Arrangement of subchapter. (a) Amendments initiated by HQ

USAF. (1) New or amended procure& 1001.103–1 General plan.

ment policies and procedures formulated The organization and numbering sys- by the Secretary of Defense, the Secretem followed in this subchapter is the tary of the Air Force, and Hą USAF will same as in Subchapter A, Chapter I of be directed for implementation in AFPI this title.

by a controlled letter issued by AFSPP. & 1001.103–2 Numbering.

(2) Controlled letters which contain

the language to be published in AFPI Sections, subparts, or parts of this

will be forwarded to the AFPI control subchapter bearing numbers identical to

office of the command assigned OPR those appearing in Subchapter A,

for the paragraph, part, or section Chapter 1 of this title implement the

with a request for publication. The OPR sections, subparts and parts in Sub

will effect the necessary coordination, chapter A, Chapter 1 of this title.

including that of the OCRs; and submit (a) If it is necessary to implement the request to AFLC (MCPO) for publiSubchapter A, Chapter 1 of this title,

cation. Where sufficient priority exists, but there is no appropriate heading, the i.e., revisions due to revised statutes, material may be added to the AFPI sec

directed by higher authority, etc., the tion as the section number plus point controlled letter may state "coordination fifty; e.g. $ 1001.109–50.

waived.” In such cases the controlled (b) First reference should always be

letter will have attached a proposed made to Subchapter A, Chapter 1 of this

AFPC prepared in proper format and title, notwithstanding any implementa- will be sent to MCPO for publication tion or lack thereof in this subchapter. without further coordination. If a section in Subchapter A, Chapter 1 (3) Controlled letters which request of this title requires no implementation, development of AFPI language necessary the section identification and title will

to implement announced policies and not be shown in this subchapter.

procedures will be forwarded to the (c) If a section in this subchapter does AFPI control office of the command asnot implement a specific section in Sub

signed OPR for the paragraph, part, or chapter A, Chapter 1 of this title but

section. The OPR will prepare the impertains to a general subject covered in

plementing coverage, effect necessary a subpart of Subchapter A, Chapter 1 of

coordination (including OCR) and transthis title, the section in this subchapter mit the draft through the command will be numbered consecutively starting

AFPI control office to AFSPP-S for Hą with the particular subpart number plus

USAF review, approval, and direction for fifty; e.g. $ 1001.650.

publication. The letter of transmittal (d) Additional parts and subparts

will have attached or contain: (i) The may be added to this subchapter cover

original and three copies of the proposed ing subjects not treated in Subchapter

draft, double spaced; (ii) evidence of A, Chapter 1 of this title.

coordination or decision by proper au[28 F.R. 2270, Mar. 8, 1963)

thority; (iii) explanation of the change

for inclusion in the AFPI Notes and $ 1001.103–5 Dating of contract clauses.

Filing Instructions; and (iv) the conThe same method used for identifying trolled letter number. Upon approval clauses in Subchapter A, Chapter I of by Hq USAF, the draft will be forwarded this title as prescribed in $ 1.103–5 of this to the AFPI control office of the comtitle will be used for identifying clauses mand assigned OPR, with a copy to the in this subchapter.

other command AFPI control office. 1001.104 Content of subchapter.

(b) Proposed amendment of ASPR.

Recommendations for amendment of This subchapter will contain all pol- ASPR will be submitted through chanicies, procedures, and instructions re- nels, including AFLC (MCPO) or AFSC

(ASXK-2), as appropriate according to command OPR to Hq USAF. Recommendations will include the complete rationale for the proposed amendment and the specific ASPR language proposed to achieve the desired objective. The OPR will review the recommendation, obtain the necessary coordination, and forward the proposal, with command comments, through command control office to Hq USAF. [28 F.R. 9579, Aug. 31, 1963) f 1001.106 Other Department of De

fense publications. [28 F.R. 2270, Mar. 8, 1963) § 1001.106–1 Department of Defense

directives and instructions. DOD directives and instructions on procurement matters will be implemented in the Air Force Procurement Instruction or Air Force Procurement Circular (this subchapter). DOD directives and instructions may be included and reference made to their numbers and dates. [28 F.R. 2270, Mar. 8, 1963) $ 1001.107 Effective date of ASPR,

AFPI, and AFPC. (a) Compliance with an AFPI amendment, both page revision and AFPC (Air Force Procurement Circular), is permissible from the date of the change and will be mandatory 30 days thereafter, except:

(1) As otherwise prescribed in the amendment.

(2) Use of new or revised AFPI contract clauses, will, unless otherwise specified, be mandatory 90 days after date of issuance. However, procurements initiated after receipt of the new or revised clauses by the purchasing activity should, to the maximum practicable extent, include such clauses prior to the mandatory date. In the following situations, when compliance with the mandatory date is impracticable, procurements may be completed on the basis initiated: Provided, That prior to the mandatory date for use of the new or revised clause: (i) DD Forms 746 and 746–1 have been issued, and the award is to be made by means of DD Form 746–2, (ii) Invitations for Bids have been issued, or (iii) bilateral contractual documents have been submitted to the contractors and introduction of the niw or revised

clause may delay the procurement. [28 F.R. 2791, Mar. 21, 1963]

8 1001.109 Deviations from ASPR,

AFPI and Department of Defense

publications covering procurement. [28 F.R. 8141, Aug. 8, 1963) $ 1001.109-1 Applicability, .

The privilege given by $ 1.109–1(a) of this title to off-shore contracting activities to deviate from ASPR contract clauses is hereby extended on the same terms to the same contracting activities with respect to AFPI clauses. Off-shore contracting activities will furnish the Procurement Committee (MCPC), Hq AFLC and the Procurement Committee (SCK-3) HQ AFSC, one copy of each nonstandard clause used by them pursuant to the authority of this section, [28 F.R. 8141, Aug. 8, 1963) $ 1001.109–2 ASPR deviations affecting

one contract or transaction. (a) Deviations which affect a specific contract or procurement may be made by (1) The Director or Deputy Director of Procurement Management, DCS/S&L, HQ USAF, or (2) the Chief of the Division or Office at Hq USAF designated as the Responsible Office (RO) for the section, subpart or part in Subchapter A, Chapter I of this title from which the deviation is requested. Coordination with the Office of General Counsel, USAF, as to form and legality will be effected prior to approval of a deviation.

(b) Requests for deviations will include complete justification and be forwarded through channels in suficient copies so that the original and two copies will be available to Hq USAF.

(1) Requests by AFSC and the Office of Aerospace Research will be sent through the AFSC Procurement Committee (SCK-3) to Hq USAF (AFSPP

S).

(2) Requests for deviations by AFLC and other major commands, except those in subparagraph (1) of this paragraph, will be sent through the AFLC Procurement Committee (MCPC) to Hq USAF (AFSPP-S). Procurement Committees will forward deviation requests, with which they concur, with their recommendations.

(c) Written notice of deviation to the Assistant Secretary of Defense, I&L, and to the other military departments and Defense Supply Agency will be made by the Directorate of Procurement Management, Hq USAF. (27 F.R. 9912, Oct. 9, 1962, as amended at 28 F.R. 8141, Aug. 8, 1963 ]

f 1001.109–3 ASPR deviations affecting

more than one contract or contractor. Deviations which affect more than one contract or contractor will be processed to Hq USAF (AFSPP-S), in the same manner as prescribed in § 1001.109–2(b). The Hq USAF Responsible Office for the section, subpart or part of Subchapter A, Chapter I of this title from which the deviation is requested will effect necessary Air Staff coordination, including the Office of the Assistant Secretary of the Air Force (Materiel) and the Office of the General Counsel of the Air Force, and if the deviation is favorably considered prepare a request for deviation to the Chairman, ASPR Commtitee. This request will be submitted to the Air Force Policy Member, ASPR Committee (AFSPP-S), for presentation to the ASPR Committee. [28 F.R. 8141, Aug. 8, 1963] $ 1001.1094 Deviations required by

Government-to-Government agree

ments. Requests for such deviations will be processed as shown in § 1001.109–3. § 1001.109–51 Deviations, contract

clauses. (a) Deviations from clauses prescribed in Subchapter A, Chapter I of this title and this subchapter will be held to a minimum and will not be made unless approved as required by $$ 1001.109–2 or 1001.109-3.

(b) Deviations include:

(1) Use of a prescribed clause which does not follow the rules for use of the clause.

(2) Omission of prescribed clause.

(3) Additions to, deletions from, and modifications of a prescribed clause.

(4) Use of a collateral provision which has the effect of altering a prescribed clause

or changing its application.

(5) Use of a provision which has not been authorized for use, except as provided in paragraph (c) of this section.

(c) Use of Provisions as described in this paragraph are not deviations:

(1) Provisions which describe the supplies or services being procured, or the supplies or material being furnished to a contractor.

(2) Provisions establishing the time, place, or method of furnishing or paying for supplies and services unless their use has the effect described in paragraph (b) (4) of this section.

(3) Provisions which set forth Advance Understandings on particular cost items, pursuant to § 15.107 of this title, so long as these Advance Understandings are consistent with Subchapter A, Chapter I of this title and this subchapter.

(d) Administrative approval: All proposed contract clause deviations will be submitted for approval as set forth in $ $ 1001.109-2 or 1001.109-3, before submitting the contract to the contractor for signature. Requests for approval will be in writing and will include:

(1) Detailed recommendations and the supporting reasons including contractor's request, if any.

(2) The section number in Subchapter A, Chapter I of this title or this subchapter from which deviation is requested.

(3) A description of the effect it will have on the rights of the parties and the benefit the Government will gain.

(4) A copy of or extract from the proposed contract which will be retained for the files of the approving authority.

(5) A detailed statement of how the proposed contract differs from prescribed clauses. If desired, subparagraph (4) of this paragraph and this subparagraph (5) may be consolidated by submitting a copy of the standard contract clause with the inserted or deleted matter clearly indicated. This may be done with colored pencil.

(6) A reference to prior action, if the proposed deviation has previously been approved or disapproved. This reference will include date, contract number and be in addition to the reasons required by subparagraph (1) of this paragraph. [27 F.R. 9912, Oct. 9, 1962, as amended at 28 F.R. 8141, Aug. 8, 1963] § 1001.111 Reports of suspected crim

inal conduct and noncompetitive

practices. $ 1001.11l-1 Suspected criminal con

duct. Policies and procedures with respect to the debarment, ineligibility, and suspension of bidders are set forth in Subpart F, Part 1 of this title and Subpart Fof this part. $ 1001.111-2 Noncompetitive practices.

Reports of noncompetitive practices will be forwarded through channels, including AFLC (MCICE) to Deputy Chief

22-057—64

of Staff Systems and Logistics, DCS/ Rico, or the Virgin Islands. The term S&L, Hq USAF, for submission to the "sources of supplies" includes: Secretary.

(1) Manufacturers, [28 F.R. 9579, Aug. 31, 1963)

(2) Construction contractors,

(3) Regular dealers in the supplies to $ 1001.113 Code of conduct.

be procured, as defined in § 1.302 of this See $$ 888.1 to 888.16, Subchapter G title. of this chapter.

(4) Intermediaries, provided such

sources are not prohibited by local for§ 1001.113–1 off installation contrac

eign law. An intermediary will be tual negotiations.

deemed to be any one of the following: No matter of contractual negotiations (i) A person (or firm) who owns, opwill be conducted at hotels or at any erates, or maintains a place of business, points away from offices of the initiating regularly engaged in performing certain or negotiating authority without per- services which directly or indirectly inmission of the chief of the branch or crease the value of the materials, supunit in the division or office concerned; plies, articles, or equipment being proand a memorandum will be made of the cured (services to consist of such persons present and subjects discussed at functions as the recovery from consignsuch places. The memorandum will be ees and redistribution to manufacturers filed in the contract or office file as ap- and producers of containers and packing propriate.

materials; the receiving, storing, re

packing, and reshipping of items being Subpart B-Definition of Terms

procured; the collection, consolidation, SOURCE: $ $ 1001.201 to 1001.201–71 appear assembling, packing, and shipping of at 27 F.R. 1600, Feb. 21, 1962, except as other- items being procured, etc.; and not the wise noted.

functions of mere soliciting of business,

taking of orders, rendering assistance to $ 1001.201 Definitions.

manufacturers or producers by the prep(27 F.R. 9914, Oct. 9, 1962)

aration of receiving payment documents,

arranging for transportation facilities, $ 1001.201-1 Change orders.

etc.). AFLC field procurement activities, (ii) A person (or firm) who owns, opAPRFE, and Air Defense Command will erates, or maintains a place of business, not use Change Orders (AFPI Forms of regularly engaged in the importing and 13 series) when the criteria of $ 1001.201- exporting business, provided the items 50 and Subpart C, Part 1054 of this sub- being procured are not to be imported chapter, concerning Contract Change from within the United States, its TerNotifications (AFPI Forms 35) are ap- ritories, Puerto Rico, or the Virgin Isplicable. This restriction applies only Islands. to central procurement activities.

(iii) Agencies or instrumentalities of [28 F.R. 2791, Mar. 21, 1963]

a foreign government.

[27 F.R. 1600, Feb. 21, 1962, as amended at 28 $ 1001.201–3 Contracting officer.

F.R. 14214, Dec. 27, 1963) In addition to personnel in $ 1.201-3 of

§ 1001.201–50 Contract change notifi. this title, the term “officer" is defined to

cation. include noncommissioned officers who: (a) Hold AFSC 65170 or 65190, and (b)

Contract Change Notification is a writhave the requisite procurement exper- ten order signed by the contracting ofiience and other qualifications (see cer directing the making of changes of § 1001.452); provided the authority of

the kind authorized by the provisions of individuals so appointed is limited to the contract in the supplies or services exec purchase and delivery orders called for thereunder, and usually con(and amendments) within the monetary taining an estimated price or cost for limitation of $2,500 and under.

such changes. Following such a written [28 F.R. 2791, Mar. 21, 1963)

order, the necessary revisions in other

provisions of the contract which are $ 1001.201-18 Sources of supplies.

brought about by such order will be made (a) The following definition applies to by a supplemental agreement which will contracts for supplies which will be establish the firm price or cost. CCN's manufactured and furnished outside the will be used according to Subpart C, Part United States, its Territories, Puerto 1054 of this chapter.

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