CROSS REFERENCES: For Subchapters A-F, see volumes containing Parts 400-589. Federal Procurement Regulations System, 41 CFR, Subtitle A. NOTE: Other regulations issued by the Department of the Army appear in Title 33, Chapter II; and Title 36, Chapter III. ABBREVIATIONS: The following abbreviations are used in this chapter: AGCT-Army General Classification Test. AGO=Adjutant General's Office. AR= Army Regulations. ATC=Air Transport Command. A. W.-Articles of War. AWOL=Absent Without Leave. Comp. Gen. Comptroller General. OCF=Office, Chief of Finance. ROTC=Reserve Officers' Training Corps. ZI=Zone of Interior. SUBCHAPTER G-PROCUREMENT CROSS REFERENCE: For joint procurement regulations of the Armed Forces, see Chapter I, Parts 1 to 39 of this title. § 590.101 Purpose of Procedure. This Procedure, issued by the Department of the Army, pursuant to to § 1.108 of this title, establishes for the Army Establishment uniform policies and procedures, consistent with and supplementary to Subchapter A, Chapter I of this title, relating to the procurement of supplies and services under the authority of the Armed Services Procurement Act of 1947 (Public Law 413, 80th Cong., as amended, 41 U.S.C. 151-161) or under other statutory authorization. [19 F.R. 9232, Dec. 28, 1954] § 590.102 Applicability of Procedure. (a) General applicability. This Procedure shall apply to all purchases and contracts made by any Procuring Activity or Contracting Officer of the Army Establishment for the procurement of supplies or services which obligate appropriated funds (whether direct appro priations, allocations of appropriate funds, or contract authorizations), unless otherwise specified herein. This Procedure is supplementary to, and does not in any way supersede Subchapter A, Chapter I of this title. Since material published in Subchapter A, Chapter I of this title is not duplicated in this procedure, both publications must be reviewed to obtain full coverage on most subjects. This Procedure is not intended to cover the detailed implementing instructions of the respective Procuring Activities of the Army Establishment, all of which instructions may be prescribed as provided in § 590.108. (b) Oversea commands, attachés, and foreign missions. Procurement outside the United States, its possessions and Puerto Rico, and construction work outside the United States, including procurement effected under the jurisdiction of major oversea commanders, military attachés, and foreign missions, will be made in accordance with Subchapter A, Chapter I of this title and this subchapter. (c) Combat areas. Major tactical commanders are authorized to waive the provisions of Subchapter A, Chapter I of this title and this procedure in the immediate areas engaged in active combat, subject to any instructions which may be issued by the head of the procuring activity involved. (d) Government and Relief in Occupied Areas. Subchapter A, Chapter I of this title and this procedure are applicable to procurement in oversea areas for Government and Relief in Occupied Areas (GARIOA) chargeable to annual appropriations for such purposes. (e) Civil works, Corps of Engineers. Procurement of supplies and services for civil works, Corps of Engineers, will be made in accordance with Subchapter A, Chapter I of this title and rather than this Procedure, such instructions as may be issued by the Chief of Engineers, pursuant to authority granted by the Secretary of the Army. [19 F.R. 9232, Dec. 28, 1954, as amended at 26 F.R. 10553, Nov. 9, 1961] § 590.103 Arrangement of Procedure. [19 F.R. 9232, Dec. 28, 1954] § 590.103-1 General plan. The Procedure is divided into parts, each one of which deals with a separate aspect of procurement; each section is further subdivided into parts and para The procedure shall be referred to as the Army Procurement Procedure (Parts 590-606 of this chapter) and cited by appropriate part or section of the Code of Federal Regulations. [19 F.R. 9232, Dec. 28, 1954] § 590.105 Amendments. Recommendations for amendment of Subchapter A, Chapter I of this title, and this procedure shall be submitted through channels to the Deputy Chief of Staff for Logistics, Department of the Army, Attn: Chief, Contracts Branch. [19 F.R. 9232, Dec. 28, 1954, as amended at 21 FR. 6372, Aug. 24, 1956] § 590.108 Publication of procuring activities. The Head of any Procuring Activity may implement this Procedure by prescribing for his Activity (and for any field installations thereof) detailed procurement operating instructions which are not inconsistent with Subchapter A, Chapter I of this title, and this procedure. One consolidated, current, up-todate copy of such detailed procurement operating instructions issued, shall be forwarded to the Deputy Chief of Staff for Logistics, Department of the Army, Attn: Chief, Contracts Branch, on a semiannual basis, December 31 and June 30. [19 F.R. 9232, Dec. 28, 1954, as amended at 21 FR. 6372, Aug. 24, 1956] § 590.109 Deviation from Subchapter A, Chapter I of this title, Department of Defense publications governing procurement and this subchapter. [24 F.R. 9621, Dec. 2, 1959] § 590.109-1 Applicability. Actions which constitute deviations from Subchapter A, Chapter I of this title and Department of Defense publications governing procurement as set forth in § 1.109-1 of this title shall also constitute deviations from the provisions of this subchapter. [24 F.R. 9621, Dec. 2, 1959] § 590.109-2 Deviations affecting one contract or transaction. Deviations from Subchapter A, Chapter I of this title, a Department of Defense Directive or this subchapter which affect only one contract or procurement will be made only after prior approval by the Deputy Chief of Staff for Logistics, Headquarters, Department of the Army, Washington 25, D.C. [24 F.R. 9621, Dec. 2, 1959] § 590.109-3 Deviations affecting more than one contract or contractor. Deviations from Subchapter A, Chapter I of this title, Department of Defense Directives or this subchapter which affect more than one contract or contractor will not be made unless approved in advance by the Deputy Chief of Staff for Logistics, Department of the Army, Washington 25, D.C. Such deviations from Subchapter A, Chapter I of this title or Department of Defense Directives will be authorized only after approval of the Assistant Secretary of Defense (Installations and Logistics). [24 F.R. 9621, Dec. 2, 1959, as amended at 26 F.R. 10553, Nov. 9, 1961] § 590.109-4 Conflict between Government-to-Government agreements and Subchapter A, Chapter I of this title. Requests for deviations requiring consideration of the ASPR Committee under the provisions of § 1.109-4 of this title will be forwarded to the Deputy Chief of Staff for Logistics, Headquarters, Department of the Army, Washington 25, D.C., in accordance with the procedures prescribed in § 590.109-50. [24 F.R. 9621, Dec. 2, 1959] § 590.109-50 Submission of requests for deviations. Requests for authority to deviate from the provisions of Subchapter A, Chapter I of this title, Department of Defense Directives, or this subchapter shall be submitted (in original and five copies) to the Deputy Chief of Staff for Logistics, Department of the Army, Washington 25, D.C. Attn: Chief, Contracts Division. Such requests shall be supported by complete statements of the circumstances justifying the need for the deviation, including sufficient background or historical information to support the requested deviations. [26 F.R. 10553, Nov. 9, 1961] § 590.109-51 Expiration of deviations. Deviations approved under the provisions of §§ 1.109-3 and 1.109-4 of this title and §§ 590.109-3 and 590.109-4 will expire 2 years from the date of approval, unless sooner rescinded, without prejudice to any action taken thereunder. Where a requirement exists to continue in effect a deviation expiring under the provisions of this section, authority to continue use of the deviation may be granted upon submission of a request in accordance with the procedures prescribed in § 590.109-50. [24 F.R. 9621, Dec. 2, 1959] Reports in connection with § 1.110 of this title will be made in accordance with the requirements of Subpart C, Part 606 of this title will be made in accordance with the requirements of Subpart C, Part 606 of this subchapter. [19 F.R. 9232, Dec. 28, 1954] § 590.111 Reports of suspected criminal conduct and non-competitive practices. Reports of possible violations of Federal criminal statutes in connection with procurement and related matters, including reports of possible fraud or violation of antitrust laws, will be made in accordance with Subpart F, Part 1 of this title and this part. [25 F.R. 5485, June 18, 1960] § 590.113 Code of conduct. In the performance of procurement and related functions, protection of the interests of the Government shall be constantly stressed. Any act which may tend to compromise the position of the Department of the Army, an individual member of the Department of the Army, or which will impair the confidence in the integrity of the Department of the Army in its business relations with industry shall be avoided. The Department of the Army policy governing the conduct and ethics of procurement personnel is set forth in AR 600-10 and AR 600-205 (Administrative regulations of the Department of the Army). Each individual concerned, either directly or indirectly, with any phase of procurement or related activities shall read and initial a copy of AR 600-205, which will be retained in the files of the office to which As used throughout Subchapter A, Chapter 1 of this title and this subchapter the words and terms defined in this subpart shall have the meanings set forth in this subpart, unless (a) the context in which they are used clearly requires a different meaning, or (b) a different definition is prescribed for a particular paragraph, part, or section. § 590.201-14 Procuring activity. Procuring activities with the Department of the Army are: Technical Services: Transportation Corps. United States Army, Alaska. United States Army, Caribbean. United States Army, Europe (Rear)/Communications Zone. United States Army, Hawaii. Military District of Washington, United National Guard Bureau. |