1-1.1002 Availability of invitations for bids 1-1.1002-1 Availability of procurement in- 1-1.1002-2 Publicizing proposed small pur- 1-1.1003 Synopses of proposed procure- 1-1.1003-1 Department of Commerce Syn- 1-1.1003-2 General requirements. 1-1.1003-3 Synopses of special notices used in connection with market searches for 1-1.1003-4 Synopses of subcontract oppor- 1-1.1003-5 Pre-invitation notices. 1-1.1003-6 Time of publicizing. 1-1.1003-7 Preparation and transmittal. 1-1.1004 Synopses of contract awards. 1-1.1004-1 Preparation and transmittal. 1-1.1007 Agency responsibility for con- formance with synopsizing program. [30 FR 8217, June 26, 1965] § 1-1.003 Authority. The Federal Procurement Regulations System is prescribed by the Administrator of General Services under the Federal Property and Administrative Services Act of 1949, as amended. The Federal Procurement Regulations are developed in cooperation with the Administrator for Federal Procurement Policy and the procurement agencies and are issued by the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949, and other authorities especially cited. [40 FR 12076, Mar. 17, 1975] § 1-1.004 Applicability. The Federal Procurement Regulations apply to all Federal agencies to the extent specified in the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), or in other law. Except for standard Government forms and clauses, Federal Specifications and Standards, procurement of automatic data processing equipment (ADPE), software, maintenance services, and supplies, and except as directed by the President, Congress, or other authority, these regulations are not made mandatory on the Department of Defense. Therefore, the extent of their implementation within the Department of Defense and participation in the System will be determined by that Department. The regulations apply to procurements made within and outside the United States unless otherwise specified. [40 FR 12076, Mar. 17, 1975] § 1-1.004-1 Leases of real property. The FPR apply to leases of real property only to the extent explicitly stated in specific FPR provisions. Subparts 1-1.0 and 1-1.2 apply to leases of real property. [30 FR 8217, June 26, 1965] § 1-1.005 Exclusions. Certain Government-wide policies and procedures which come within the scope of this chapter nevertheless may al agencies and, where appropriate and feasible, the views of interested business and professional organizations. The Regulations will be coordinated with the Small Business Administration to assure adequate consideration of small business interests. § 1-1.007 Arrangement. § 1-1.007-1 General plan. The general plan, numbering system, and nomenclature used in the Federal Procurement Regulations conform with FEDERAL REGISTER Standards approved for the FPR. § 1-1.007-2 Numbering. The numbering system permits identification of every unit. The first digit represents the chapter number allocated to each agency, followed by a dash. This is followed by the part number which may be one or more digits followed by a decimal point. The numbers after the decimal points represent, respectively, the subpart, section (in two digits), and, after the dash, subsection, paragraph, subparagraph, and further inferior divisions. For example, this division is called (section) "§ 1-1.007-2," in which the first digit denotes the chapter, the second the part, the third the subpart, the fourth and fifth the section and the sixth the subsection. will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the Federal Procurement Regulations, should be cited as "§ 1-1.007-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 11.007-3." Any section of Federal Procurement Regulations may be informally identified, for purposes of brevity, as "FPR" followed by the section number, such as "FPR 1-1.007-3." § 1-1.008 Agency implementation. As portions of FPR material are prescribed, agencies shall publish in the FEDERAL REGISTER implementing regu lations deemed necessary for business concerns, and others properly interested to understand basic and significant agency procurement policies and procedures which implement, supplement, or deviate from the FPR. Detailed instructions of interest primarily for internal agency guidance need not be published. Implementing regulations shall be prepared to conform with FPR style and arrangement. § 1-1.009 Deviation. § 1-1.009-1 Description. As used in these Regulations, the term "deviation" includes any of the following actions: (a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth. (b) When a standard or other form is prescribed, use of any other form for the same purpose. (c) Alteration of a prescribed standard or other form, except as may be authorized in the Regulations. (d) The imposition of lesser or, where the regulation expressly prohibits greater limitations than are imposed upon the use of a contract clause, form procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts. (e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure. § 1-1.009-2 Procedure. In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the Federal Procurement Regulations shall be kept to a minimum and controlled as follows: (a) The head of each agency exercising procurement authority shall prescribe a formal procedure for the control of deviations within the agency. A copy of the procedure shall be furnished to the General Services Administration. (b) In individual cases, deviations may be authorized by the head of the agency or the officers designated by him for this purpose, in accordance with procedures established by the agency. In each instance the file shall disclose the nature of the deviation and the reasons for such special action. (c) Deviations in classes of cases shall be considered on an expedited basis jointly by the agency desiring the deviation and the General Services Administration unless, in the considered judgment of the agency and with due regard to the objective of uniformity, circumstances preclude such joint effort. In such case, GSA will be notified of the deviation. (d) Except as otherwise authorized, when any deviation in a contract form provision is authorized, physical change may not be made in the printed form but shall be made by appropriate provision in the schedule, specifications, or continuation sheet, as provided in agency procedures. § 1-1.009-3 Limitation on deviations. Section 1-1.009-2, of this part, does not apply to the provisions of Subpart 1-4.11, Procurement and Contracting for Government-wide Automatic Data Processing Equipment, Software, Maintenance Services, and Supplies and Subpart 1-4.12, Procurement and Contracting Government-wide for Automatic Data Processing Services. Pursuant to 40 U.S.C. 759 (Section 111 of the Federal Property and Administrative Services Act of 1949, as amended; Pub. L. 89-306) the Administrator of General Services is authorized to coordinate and provide for the purchase, lease, and maintenance of automatic data processing equipment by Federal agencies as well as other matters relating to automated data management services. The exercise of the authority to procure and deviations from regulatory requirements shall be accomplished as specified in Subparts 1-4.11 and 1-4.12. [47 FR 20533, May 12, 1982] |