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Subpart 9-1.8—Labor Surplus Area Concerns 9-1.807 Report on preference procure

ment in labor surplus areas.

Subpart 9-1.9-Reporting Possible Antitrust

Violations Sec. 9-1.901 General. 9-1.902 Documents to be transmitted.

Subpart 9-1.11-Qualified Products 9-1.1101 Procurement of qualified prod

ucts. 9-1.1150 Distribution of qualified prod

ucts lists.

Subpart 9–1.12- Responsible Prospective

Contractors

9-1.1200 Scope. 9-1.1203–2 Additional standards. 9-1.1204 Determination of responsibility

or nonresponsibility. Subpart 9-1.13—Minority Business Enterprises 9-1.1300 Scope of subpart. 9-1.1310 Policy. Subpart 9-1.16

Reports of Identical Bids 9-1.1603-1 Cases to be reported. 9–1.1603–3 Submission of reports.

Subpart 9–1.50—Change Orders, Equitable Ad

justments, and Supplemental Agreements for

Fixed-Price Contracts 9-1.5000 Scope of subpart. 9–1.5001 General policy. 9-1.5002 Applicability. 9-1.5003 Definitions. 9-1.5004 Change orders and other unilat.

eral-type modifications within

the general contract scope. 9–1.5004–1 Change orders. 9-1.50 -2 Unilateral-type contract modif

cations other than change

orders. 9-1.5005 Changes outside the general

contract scope. 9-1.5006 Preparation of change orders,

other unilateral contract modifications, and supplemental

agreements. 9-1.5007 Surety bonds.

Subpart 9–1.54-General Policy for the Avoid

ance of Organizational Conflicts of Interest Sec. 9–1.5401 Purpose. 9-1.5402 Scope and applicability. 9-1.5403 Applicability to cost-type con

tractor procurement. 9–1.5404 Waiver. 9–1.5405 Definition. 9-1.5406 General policy. 9–1.5407 Guides applicable prior to selec

tion of contractor and execu

tion of contract. 9–1.5408 Commercial or other use of in

formation and data obtained

under AEC cost-type contracts. AUTHORITY: The provisions of this part 9-1 issued under sec. 161, as amended, 68 Stat. 948, 42 U.S.C. 2201; sec. 205, as amended, 63 Stat. 390, 40 U.S.C. 486.

SOURCE: The provisions of this Part 9-1 appear at 34 F.R. 15102, Sept. 27, 1969, unless otherwise noted. Subpart 9-1.1-Procurement

Regulations & 9-1.101 Scope of subpart.

This subpart describes the Atomic Energy Commission Procurement Regulations in terms of establishment, authority, applicability, issuance, arrangement, implementation and supplementation of FPR, exclusions, deviations, and other AEC Procurement Instructions. $ 9–1.102 Establishment of AEC Pro

curement Regulations. (a) The AEC Procurement Regulations (AECPR) are hereby established.

(b) These regulations implement and supplement the Federal Procurement Regulations (FPR) and are a part of the Federal Procurement Regulations System.

(c) The effective date of FPR issuances throughout AEC will be the date indicated in the respective issuances, unless otherwise provided in the AEC Procurement Regulations.

(d) The effective date of AECPR issuances throughout AEC will be the date indicated in the respective issuances. § 9-1.103 Authority.

The AEC Procurement Regulations are prescribed by the General Manager, Assistant General Manager for Operations, or the Director, Division of Contracts of the AEC, pursuant to the authority of the Atomic Energy Act of 1954, and the Federal Property and Administrative Services Act of 1949.

Subpart 9-1.51 (Reserved)

Subpart 9-1.52 (Reserved]

Subpart 9–1.53-Novation Agreements and

Change of Name Agreements 9-1.5300 Scope of subpart. 9-1.5301 Agreement to recognize a suc

cessor in interest. 9-1.5302 Agreement to recognize change

of name of contractor. 9-1.5303 Procedures.

$ 9-1.104 Applicability.

(a) The AEC Procurement Regulations and the Federal Procurement Regulations, which together form that part of the Federal Procurement Regulations System which governs AEC procurement, apply to all procurement of personal property and nonpersonal services (including construction).

(b) The AECPR and FPR also contain provisions which pertain to procurements by AEC cost-type contractors. (See Part 9-59, Administration of Cost-Type Contractor Procurement Activities.) & 9-1.105 Issuances. & 9-1.105-1 Publication.

The AEC Procurement Regulations appear in the Code of Federal Regulations as Chapter 9 of Title 41, Public Contracts and Property Management, and are published in the daily issues of the FEDERAL REGISTER, in cumulative form in the Code of Federal Regulations, and in separate looseleaf volume form. 8 9–1.105–2 Copies.

Copies of the AEC Procurement Regulations in the FEDERAL REGISTER and the Code of Federal Regulations form may be purchased by Federal agencies and the public, at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. 8 9–1.106 Arrangement. 89-1.106-1 General plan.

The AEC Procurement Regulations employ the same numbering system and nomenclature used in the Federal Procurement Regulations and conform with FEDERAL REGISTER standards approved for the FPR. $ 9–1.106–2 Numbering.

(a) The numbering system permits identification of every unit. The first digit, followed by a dash, represents the chapter number (AEC has been assigned Chapter 9). The dash is followed by the part number which may be one or more digits followed by a decimal point. The numbers after the decimal point represent, respectively, the subpart, section (in two digits) and, after a second dash, subsection, paragraph, subparagraph, and additional subdivisions. For example, this division is called "$ 9–1.106–2," in which the first digit denotes the chapter, the second the part, the third the sub

part, the fourth and fifth the section, and the sixth the subsection.

(b) Where the AECPR implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of the AECPR will be numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) Where the AECPR supplements the FPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved.

(d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR requires no implementation, the AECPR will contain no corresponding part, subpart, section, or subsection number. $ 9–1.106-3 Citation.

AEC Procurement Regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the AEC Procurement Regulations, should be cited as “9–1.1063 of this chapter.” When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 9-1.106–3.” Any section of the AEC Procurement Regulations may be informally identified, for purposes of brevity, as AECPR followed by the section number, i.e., “AECPR 9-1.106–3." $ 9–1.107 Implementation and supple

mentation of FPR. & 9-1.107-1 Description.

The AEC Procurement Regulations "implement” and “supplement" the FPR. The meaning of these terms includes the following:

(a) Implementation may have either of the following meanings:

(1) A part, subpart, section, etc., which treats a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations.

(2) The absence of a corresponding part, subpart, section, etc., in the AECPR indicates that the FPR is applicable as written. Policies and procedures in the FPR are not repeated in the AECPR.

(b) Supplementation means AECPR coverage of matters which have no counterpart in the FPR.

$ 9-1.108 Exclusions.

Certain policies and procedures which come within the scope of this chapter nevertheless may be excluded from AECPR. AEC Manual, Volume 1, Procurement, will contain these exclusions (AEC Procurement InstructionsAECPI) which include the following categories:

(a) Subject matter which bears a security classification, is “official use only," or is of a purely internal nature.

(b) Policy or procedure which is expected to be effective for a period of less than 6 months.

(c) Policy or procedure which is being instituted on an experimental basis for a reasonable period.

(d) Instructional material that explains more fully and in discursive fashion matters covered in FPR's and AECPR's. $ 9-1.109 Deviation. $9-1.109–1 Description.

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. $ 9-1.109–2 Procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the Federal Procurement Regulations System shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from the FPR and AECPR may be au

thorized by Division Directors, Headquarters (having contracting authority) and Managers of Field Offices, unless otherwise provided. This authority may not be redelegated.

(1) A supporting statement for each individual deviation, which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.

(2) A copy of the supporting statement for each individual deviation shall be forwarded to the Director, Division of Contracts.

(b) In classes of cases, requests for deviations from the FPR and the AECPR shall be forwarded in triplicate through the appropriate Division Director, Headquarters, to the Director, Division of Contracts, and shall be accompanied by an appropriate supporting statement. Requests will be considered on an expedited basis and appropriate coordination with Headquarters staff and program divisions will be obtained by the Director, Division of Contracts. Requests involving the FPR will be considered jointly by AEC and the General Services Administration, unless, in the judgment of the Director, Division of Contracts, after due consideration of the objective of uniformity and the program responsibilities of AEC, circumstances preclude such joint effort. In such case, the Director, Division of Contracts will approve such class deviations as he determines necessary and will appropriately notify the General Services Administration. $ 9-1.110 Exemptions.

(a) Section 602(d) (13) of the Federal Property and Administrative Services Act of 1949, as amended, provides that nothing in that Act shall impair or affect any authority of the Atomic Energy Commission. This includes the authority of AEC under the Atomic Energy Act of 1954, as amended, Public Law 85–804, and any other law.

(b) This exemption authority is to be exercised only to the extent that compliance with the requirements of the Fe ral Property and Administrative Services Act of 1949, as amended, would impair or affect the carrying out of AEC's programs. Except as otherwise expressly provided in these regulations, requests for exemptions from the requirements of Title III of the Federal Property and Administrative Services Act of 1949, as amended, shall be submitted to the Director, Division of Contracts. Such

requests will be accompanied by an ap- 8 9–1.255 Cost-type contractor and costpropriate explanation and justification type subcontractor. for the exemption, which sets forth the

The term "cost-type contractor" grounds on which compliance with the

means a contractor who has a prime particular requirements of Title III of

contract with the AEC on a cost basis. the Federal Property and Administra

The term "cost-type subcontractor" tive Services Act of 1949, as amended,

means a subcontractor who has a subwould impair or affect AEC programs. contract on a cost basis under a cost-type Subpart 9-1.2-Definition of Terms prime contract provided all the preceding

subcontracts, if any, in the contractual $ 9-1.201 Definitions.

chain are also on a cost basis. This subpart contains definitions of

& 9-1.256 (Reserved] terms used generally throughout the

$ 9–1.257 [Reserved] AECPR, in addition to those set forth in FPR Subpart 1-1.2. Additional defini- $ 9-1.258 Supplier. tions will be found in individual parts of The term "supplier" means a manuFPR and AECPR covering terms used facturer or producer, construction conin those parts only.

tractor, architect-engineer, regular & 9-1.250 Commission or AEC.

dealer, or service establishment, and such

other persons (or concerns) as may be A distinction is made in AECPR be

found by the AEC to be qualified and tween the term “Commission" and the

responsible as sources of supplies or abbreviation “AEC” in that the former

services. is used to mean the Commissioners as a body and the latter to signify the U.S.

& 9-1.259 Supplies. Atomic Energy Commission. Many con- The term "supplies" as used herein tract clauses make no distinction in these

means all property except land or interterms. Where practicable, this distinc- ests in land. It includes, by way of detion will be made in AECPR, except in scriptio and without limitation, matecontracts and contract clauses where the rials, supplies, equipment, public works, terms are used synonymously.

buildings, facilities, tools, and parts and $ 9–1.251 Division Director.

accessories for such items, As used in AECPR, the term "Division

$ 9-1.260 Services. Director" means the Director of a Divi- The term "services" means services sion at the Headquarters level who is other than personal services including, authorized to enter into contracts.

by way of description and without limi8 9-1.252 Subcontract.

tation, nonpersonal services; educational

or training services; architectural or enUnless otherwise provided in FPR or gineering services; maintenance or reAECPR, the term "subcontract" means pair services; transportation services; any agreement with a contractor or

utility services; operating and managehigher-tier subcontractor for the fur

ment services; experimental, developnishing of supplies or services required mental, or research work; and construcfor the performance of a contract. The tion work. term includes, by way of description and without limitation, letter contracts and

Subpart 9-1.3-General Policies purchase orders, and any amendment & 9-1.301 Methods of procurement. or modification thereof or supplement (a) General. In promoting the prithereto.

mary objective of strengthening the $ 9–1.253 Contractor.

common defense and security rapidly

and effectively, there is a great responA “contractor" is any person, firm,

sibility to protect and preserve competiassociation, or corporation entering into tive enterprise. All practicable steps must a contract with the Government.

be taken to provide for the equitable dis$ 9-1.254 Subcontractor.

tribution of contracts among the maxi

mum number of competent suppliers and A "subcontractor" is any person, firm, to avoid the concentration of contracts association, or corporation entering into among a relatively few suppliers. a subcontract with a contractor or (b) Procurement by formal advertishigher-tier subcontractor.

ing. Supplies and services shall generally

be procured by formal advertising in ac- quarters, or their representatives specifcordance with FPR Part 1-2 and Part ically designated for this purpose, may 9-2.

authorize deviations from Federal Spec(c) Procurement by negotiation. Sup- ifications in connection with AEC plies and services may be procured with- direct procurement. In those cases where out formal advertising in accordance use of Federal Specifications is required with the requirements of FPR Part 1-3 under $ 9–1.305–1(a), information reand Part 9-3.

quired by FPR 1-1.305-3(b) (5) with $9-1.302 Procurement sources.

respect to deviations shall be forwarded

through channels to the Director, Divi$ 9-1.302-1 General.

sion of Contracts. (a) Procurement from Government 89-1.305-5 Use of Federal and interim sources. Procurement of certain supplies

Federal Specifications in construction and services may be effected by orders

contracts. on Government sources referred to in

When specifications for AEC construcFPR 1-1.302. It is the policy of the AEC that such methods of procurement be

tion are prepared by private firms, Manutilized to the fullest extent practicable,

agers of Field Offices and Heads of

Divisions or Offices, Headquarters, are in accordance with applicable laws and regulations. Procurement by the AEC

responsible for obtaining compliance

with the general policies of this subpart under the Economy Act of June 30, 1932, as amended (31 U.S.C. 686), shall con

to the extent practicable and compatible

with meeting program objectives. form to the requirements of that Act and applicable regulations of the General AC- & 9-1.306–1 Mandatory use and appli. counting Office. Procedures to be fol- cations of Federal Standards. lowed in procuring from Government

The policies and procedures estabsources are set forth in Part 9-5. (b) Procurement from local trade area

lished by FPR 1-1.306 for the develop

ment and use of Federal Standards shall sources. In soliciting quotations for small

be complied with by AEC to the same purchases, maximum utilization should be made of the provisions in FPR 1

extent as provided for Federal Specifi

cations in $$ 9-1.305-1, 9–1.305-3, and 3.603–1(b) with respect to sources within

9-1.305-5. the trade area in which the procuring activity is located. Regardless of the size $ 9-1.307 Purchase descriptions. of the procurement, however, qualified

Specifications should be in such terms sources of supply in the local trade area

as to permit full and free competition always should be considered.

among all potential suppliers. However, $ 9-1.305-1 Mandatory use of Federal technical reasons may occasionally exist Specifications.

for using specifications which limit com(a) The policies and procedures es

petition by requiring certain types of tablished by FPR 1-1.305 shall be com

material or articles, such as replacement plied with by AEC for all direct procure

parts, auxiliary equipment and tools rement except as provided

for
in

quired for use with major equipment. $ 9-1.305-5.

Restrictive specifications may be used to (b) The paper specification standards

meet special requirements, provided (a) published by the Joint Committee on

AEC needs cannot reasonably be met in Printing for the purchase of paper to be

any other manner, and (b) a complete used on Government-owned printing,

justification for the restriction is reduced binding, and duplicating equipment shall

to writing and included in the contract be applied to cost-type contractor pro

file. curement. The paper specification stand

$ 9-1.310 [Reserved] ards shall also be used in specifying paper requirements for "Federal print- $ 9-1.310-1 Scope. ing” as defined in the Government

This section implements the policy and Printing and Binding Regulations.

procedures set forth in FPR 1-1.310 to 89-1.305-3 Deviations from Federal determine, before award, whether proSpecifications.

spective contractors for furnishing the Subject to the requirements of FPR AEC supplies or nonpersonal services 1-1.305-3, Managers of Field Offices, (including construction) qualify as Heads of Divisions and Offices, Head- responsible.

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