tion, or subsection of the FPR, the implementing or deviating part, subpart, section, or subsection of Chapter 23 will be numbered and captioned to correspond to the pertinent part, subpart, section, or subsection of the FPR.

(c) Where Chapter 23 supplements the FPR, numbers in the group 50 to 99 will be assigned to the respective supplementing part, subpart, or sec

tion.

(d) Where the Agency determines that the subject matter contained in a part, subpart, section, or subsection of the FPR requires no implementation, the ACDAPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs.

§ 23-1.107-3 Citation.

ACDA procurement regulations will be cited in accordance with FEDERAL REGISTER Standards approved for the FPR. Thus, the section, when referred to in divisions of the ACDAPR, should be cited as "§ 23-1.107-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 23-1.107-3". Any section of the ACDA Procurement Regulations may be informally identified, for purposes of brevity, as ACDAPR followed by the section number, e.g., "ACDAPR 23-1.107-3".

Deviation from the Federal Procurement Regulations and the ACDA Procurement Regulations shall be kept to a minimum and controlled as follows:

(a) Deviations in individual cases must be approved in advance by the Executive Director. This authority may not be redelegated. Deviations in classes of cases must be approved in advance upon request by the Executive Director. Requests for deviation (or in the case of a deviation affecting an individual contract signed in behalf of the Agency by the Executive Director, the memorandum for the record) shall cite the specific parts and sections or subsections of the FPR and ACDAPR from which it is desired to deviate, shall set forth the nature of

the deviation, and shall give the reasons for the requested action.

(b) If a requested deviation is considered appropriate, approval will be accomplished as follows:

(1) Where the deviation affects an individual contract, written approval will be included in the contract file.

(2) Where the deviation applies to a class of cases under the FPR, necessary coordination with the General Services Administration will be accomplished on an expedited basis by the Executive Director, unless in the considered judgment of the Executive Director, circumstances preclude such joint effort, in which case he will notify the General Services Administration of the deviation.

(3) Deviations affecting a class of cases under ACDAPR will be presented to the Director for his approval.

(4) Such class deviations will become effective within the Agency upon approval by the Director and will be issued as part of the ACDAPR.

§ 23-1.251 Agency.

"Agency" means the U.S. Arms Control and Disarmament Agency.

§ 23-1.252 Director.

"Director" means the head of the Agency.

Subpart 23-1.3-General Policies

§ 23-1.302 Procurement sources.

§ 23-1.302-3 Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employ

ees.

Any exception, as described in § 11.302-3 of this title, must be supported by written findings and a determination signed by the Director.

§ 23-1.317 Noncollusive bids and proposals.

The Executive Director is designated to make the determinations described in paragraph (d) of the Certificate of Independent Price Determination prescribed in § 1-1.317 of this title.

§ 23-1.350 Execution of contracts.

Contracts, purchase orders, delivery orders, Government bills of lading, and other types of purchasing documents will be executed only by the Executive Director, the Chief of the Contracts Branch, or Contract Specialists acting within the scope of their delegated authority (See Part 23-51). They may also be executed by other officials holding valid written delegations or redelegations or procurement authority issued by the Director or other officer of the Agency designated by the Director in writing to make such delegations or redelegations. The approval of legal counsel as to form and legality will be required for contracts, and for other contractual instruments where specific legal questions arise.

§ 23-1.352 Fraud against the Government and other violations of law.

(a) In the event procurement personnel have reason to believe there exists evidence of fraud against the Government or any other violation of law of any nature whatsoever in the procure

ment by formal advertising or by negotiation, or during the performance of any contract, they will prepare and forward a complete report through the Executive Director to the Office of the General Counsel for appropriate action.

(b) In case of possible violation of the antitrust laws, the report will be prepared in accordance with Subpart 1-1.9 of this title.

Subpart 23-1.4-Procurement Authority and Responsibility

§ 23-1.402 Authority of contracting offi

cers.

(a) An employee binds the Government only when his actions are in accordance with authority actually granted to him. Contracting officers are agents of the Government and shall act in accordance with law, regulations including FPR and ACDAPR, other pertinent directives, and sound judgment, and within the limits of their prescribed duties and authorities.

(b) Contracting officers shall personally sign all contracts and modifications entered into by them (see § 231.104). Duplicate original signatures, including facsimile signatures reproduced from a master signed manually by the contracting officer, are valid and acceptable.

§ 23-1.404-2 Designation.

Delegations and redelegations of authority are generally directive on specific positions, rather than specific individuals. When a specific position carries delegated or redelegated contracting authority, an individual appointed to such a position is, therefore, a contracting officer. Such appointments are normally made by means of administrative personnel actions. When an individual is designated as a contracting officer by an instrument other than a personnel action, a copy of the designating instrument shall be forwarded to the appropriate personnel office for inclusion in the file of the individual affected.

(a) Any properly qualified Government employee or group of employees, or a firm or individual under contract to the Government for this purpose, may be designated to act as the authorized representative of a contracting officer. Such designation shall be in writing and shall define the scope and limitations of the authorized representative's authority.

(b) A designation authorized by this § 23-1.450 may be made by instructions referring to particular contractual instruments or categories of instruments and may empower the authorized representative to take specified actions thereunder within the scope of the contract. In no event shall an authorized representative, by virtue only of his designation as such, be empowered to modify the terms of the contract or make a final decision under the Disputes clause of a contract.

§ 23-1.451 Assignment of duties to contracting officers in other agencies.

A contracting officer may assign administration of a specific contractual instrument to another contracting officer, provided the assignee contracting officer's delegated authority permits, and the contractor shall be so notified. Such an assignment shall define the extent to which part or all of the original contracting officer's authority is transferred but shall not pass on to the successor any authorities which would exceed the limitations imposed on the successor by existing directives.

§ 23-1.452 Availability of funds.

No contractual obligation may be incurred until the contracting officer has satisfied himself that adequate funds are available.

23-3.5001 Late proposals and modifications.

23-3.5002 Treatment of procurement information.

23-3.5002-1 Restrictions on disclosure and use of data in proposals and quotations.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); sec. 302, 63 Stat. 393, 41 U.S.C. 252; sec. 304, 63 Stat. 395, 41 U.S.C. 254; sec. 307, 63 Stat. 396, 41 U.S.C. 257; sec. 1, 81 Stat. 54, 5 U.S.C. 552; sec. 41, 75 Stat. 631; 22 U.S.C. 2581.

SOURCE: 33 FR 19228, Dec. 24, 1968, unless otherwise noted.

Subpart 23-3.1-Use of Negotiation

§ 23-3.100 Scope of subpart.

This subpart deals with the nature and use of negotiation as distinguished from formal advertising as a means of procurement, and with limitations on that use.

§ 23-3.101 General requirements for negotiation.

(a) Under section 31 of the Arms Control and Disarmament Act (22 U.S.C. 2571), the Director, in carrying out his responsibilities, is authorized “to make arrangements (including contracts, agreements, and grants) for the conduct of research, development, and other studies in the field of arms control and disarmament by U.S. private or public institutions or persons.' This authority is initially exercised under the Federal Property and Administrative Services Act of 1949, as amended, and under the Federal Procurement Regulations issued by the General Services Administration pursuant thereto. Except under certain circumstances set forth in those regulations, Government contracts for supplies and services are required to be made only after formal advertising and competitive bidding. The purpose is to give all qualified persons an equal opportunity to compete for Government contracts; to avoid favoritism or collusion in the letting of contracts; and, most important of all, to increase the Government's chances of finding the particular organization or individual who will best supply the Government's needs for supplies or services, price, and other factors considered.

(b) For the same reasons, where formal advertising for bids is determined to be impracticable, as may be the case with Agency research contracts, the requirement for negotiated contracts resulting from competitive proposals obtains. The proposals must be obtained from all known qualified sources and the procurement opportunity synopsized to assure maximum full and free competition consistent with the needs of the Government.

(c) Accordingly, the Agency normally procures research services by sending out a request for proposals to a

number of possible sources ascertained to have qualifications in the particular area of service concerned. These requests for proposals are announced in the "United States Department of Commerce Synopsis of U.S. Government Proposed Procurements, Sales, and Contract Awards," in accordance with the provisions of 15 U.S.C. 637, for the information of any potential offeror. However, certain procurements need not be so announced, such as those of a classified nature, those for services from an educational institution, and those for personal or professional services.

§ 23-3.102 Factors to be considered during the negotiation of contracts.

Among those factors to be considered in the preparation of requests for proposals is the need for auditing of the contractor's records (see Subpart 1-3.8 of this title).

§ 23-3.103 Dissemination of procurement

information.

In addition to FPR requirements for publication of procurement opportunities, information on current and proposed research and study programs is available upon request.

§ 23-3.104 Disclosure of mistakes.

(a) If the contracting officer has reason to believe that an offeror has made a mistake he shall obtain verification of the proposal or quotation from the offeror.

(b) Correction of mistakes after entry into force of a contract shall be made in accordance with the provisions of § 1-2.406-4 of this title to the extent applicable. The extraordinary contractual authority established by Pub. L. 85-804 (50 U.S.C. 1431-1435) is not available to the Agency for the correction of mistakes.

§ 23-3.150 Contractor Selection Board.

§ 23-3.150-1 Establishment of the Board.

A Contractor Selection Board, whose membership is approved by the Director, is established for each prospective contract for which competitive proposals are to be solicited.

§ 23-3.150-2 Evaluation of proposals.

(a) In evaluating proposals, unless otherwise set forth in the Request for Proposal, the Board shall give primary and equal consideration to (1) the degree of initiative and imagination displayed, (2) the caliber and experience of the personnel involved, and (3) the soundness of the offeror's approach.

(b) After elimination of proposals on the basis of the foregoing, then price and other factors in relation to the work to be performed will be considered for purposes of final selection.

§ 23-3.150-3 Notification to unsuccessful offerors.

As deliberations of the Board progress and offerors are definitely eliminated from further consideration, the Chairman shall make recommendations to the Contracting Officer (and supply him with the pertinent information) with respect to the notification of unsuccessful offerors who have been eliminated from consideration.

§ 23-3.202-50 Application.

Examples of circumstances when use of the authority cited in § 23-3.202 may be justified include the following:

(a) Specialized studies to support elements of arms control proposals being considered urgently for international negotiations.

(b) Development or production of verification equipment urgently needed to support obligations assumed by the United States under executive agreement or treaty.

§ 23-3.204 Personal or professional services.

Pursuant to section 302(c)(4) of the Federal Property and Administrative Services Act (41 U.S.C. 252(c)(4)), purchases and contracts may be negotiated if "for personal or professional services."

§ 23-3.204-50 Application.

(a) This authority shall be used when the following conditions have been satisfied:

(1) If personal services, they are required to be performed by an individual contractor in person (not by organization or other association) and are to be performed under Government supervision and paid for on a time basis.

(2) If professional services, they may be performed either by an individual person or by an association.

(3) Procurement of the services is authorized by law and is effected in accordance with the requirements of any such law.

(b) Under section 41(d) of the Arms Control and Disarmament Act (22 U.S.C. 2581), the Agency is authorized to: Procure services of experts and consultants or organizations thereof, including stenographic reporting services, as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 3109(b)), at rates not to exceed $100 per diem for individuals, and to pay in connection therewith travel expenses of individuals, including transportation and per diem in lieu of subsistence while away from their homes or regular places of business, as authorized by section 5 of said Act, as amended (5 U.S.C. 5703): Provided, That no such individual shall be employed for