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tion (or GSA) or the Administrator or the General Counsel, GSA, there shall be substituted the terms Treasury Department, the Secretary or the General Counsel, Treasury Department, respectively. 8 10–60.201 Notice of appeal. $ 10-60.201-1 Filing.

A notice of appeal must be in writing, and shall be filed with the office of the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed with the contracting officer within the time specified therefor in the contract, or as allowed in applicable provisions of directives or law. 10–60.201-2 Forwarding of appeals.

When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing and the date of receipt (or the date of receipt only, if otherwise conveyed) and within 20 days shall forward said notice of appeal, together with the envelope in which same was enclosed, to the Board, with a copy to the General Counsel, Treasury Department, Washington, D.C. 20220. Following receipt by the Board of the original notice of appeal (whether through the contracting officer or otherwise), the contractor, the contracting officer, and General Counsel, Treasury Department, will be advised promptly thereof, and the contractor will be furnished a copy of the Board's rules

$ 10–60.202 Appeal file.

Following receipt of a notice of appeal, the contracting officer shall promptly, and in any event within 30 days, compile and transmit to the General Counsel, Treasury Department, two (2) copies of the appeal file as prescribed in Rule 4A (2), § 5–60.204–2 of this title. The General Counsel will submit the appeal file to the Board as promptly as possible after receipt by him of the Board's request therefor, and in any event so as to reach the Board within 45 days after such receipt. $ 10-60.203 Treasury representation be

fore General Services Administration

Board of Contract Appeals. The General Counsel of the Treasury Department will assure representation of the interests of the Government in proceedings before the General Services Administration Board of Contract Appeals. All officers and employees of the Treasury Department will appear and give testimony as required and will cooperate with the General Services Administration Board of Contract Appeals and Government counsel in the processing of appeals so as to assure their speedy and just determination. $ 10-60.204 Effective date.

The regulations in this part shall become effective on the date of publication in the FEDERAL REGISTER. The regulations in this part shall apply to all cases now pending or in which appeal from the contracting officer's decision is taken on or after the effective date.


12-1 General.
12-2 Procurement by formal advertising
12-3 Procurement by negotiation.
12-7 Contract clauses.
12-15 Contract cost principles and procedures.
12-60 Contract appeals.

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Subpart 12-1.0-Regulation System Sec. 12-1.001 Scope of subpart. 12-1.002 Purpose. 12-1.003 Authority. 12-1.004 Applicability. 12-1.005 Exclusions. 12-1.006 Issuances. 12-1.006-1 Code arrangement. 12-1.006-2 Publication. 12-1.006–3 Copies. 12-1.007 Arrangement. 12-1.007-1 General plan. 12-1.007-2 Numbering. 12-1.007-3 Citation. 12-1.008 Implementation, 12-1.009 Deviations. 12-1.009–1 Description. 12-1.009-2 Procedure.

Subpart 12-1.2-Definition of Terms 12–1.204 Head of the agency. 12-1.206 Head of the procuring activity. 12-1.250 Administration. 12-1.251 Procurement office. 12-1.252 Change order. 12-1.253 Supplemental agreement. 12-1.254 Shall. 12-1.255 May.

Subpart 12-1.3—General Policies 12-1.307 Purchase Descriptions. 12-1.307-5 Limitations on use of "brand

name or equal" Purchase Descriptions.

Subpart 12-1.4-Procurement Responsibility and

Authority 12-1.402 Authority of contracting off

cers. 12-1.402-51 Contracting officer's representa

tives. 12-1.450 Responsibility of procurement

personnel to question requirements and reaffirm their Sec. 12-1.750-2 Review of set-aside recommenda

validity Subpart 12-1.7-Small Business Concerns 12-1.704 Agency program direction and

operation, 12–1.704-1 Small business assistance officer. 12-1.7042 Small business specialists. 12-1.750 Procurement set-asides for small

business when an SBA repre

sentative is not available. 12-1.750–1 General.

tions initiated by small busi

ness specialists. 12–1.750–3 Withdrawals or modification of

set-asides. 12-1.750-4 Contracting authority. Subpart 12-1.51-Novation Agreement and

Change of Name Agreements 12-1.5100 Scope of subpart. 12-1.5101 Agreement to recognize a suc

cessor in interest. 12–1.5102 Agreement to recognize change

of name of contractor. 12-1.5103 Processing novation agree

ments and change of name agreements.

Subpart 12–1.52_Value Engineering 12-1.5201 Policy. 12-1.5202 Value Engineering Incentives. 12–1.5202–1 Description. 12-1.5202-2 Use of value engineering in

centive clause. 12–1.5202-3 Types of savings to be shared

with the contractor. 12-1.5203 Percentage of contractor shares. 12-1.5204 Other considerations. 12-1.5204-1 Submission of identical value

engineering change proposals under more than one con

tract. 12-1.5204-2 Revision of performance in

centive provision. 12–1.52043 Cost allowability. 12-1.52044 Effect of value engineering pay

ments on fee limitations. 12-1.5205 Evaluation and acceptance. 12-1.5206 Value engineering program re

quirement. 12-1.5207

Value engineering incentive

clauses. 12-1.5207-1 The basic clause. 12–1.5207-2 Instant contract sharing pro

visions (clause paragraph

(d)). 12–1.5207–3 Exclusion of collateral savings

provisions. Subpart 12-1.53—Voluntary Refunds 12-1.5301 General. 12-1.5302 Solicited refunds. 12-1.5303 Disposition of voluntary re


Subpart 12-1.0--Regulation System § 12-1.001 Scope of subpart.

This subpart describes the Departmeni of Transportation Procurement Regulations in terms of establishment, authority, applicability, issuance, arrangement, implementation, and supplementation of FPR, exclusions, and deviation procedure. $ 12-1.002 Purpose.

(a) This subpart establishes Chapter 12, Department of Transportation Procurement Regulations (DOTPR), implementing and supplementing the Federal Procurement Regulations, and states its relationship to the Federal Procurement Regulations, to Chapter 2, Federal Aviation Agency Procurement Regulations (FAPR), to Chapter 11, Coast Guard Procurement Regulations (CGPR), to procurement regulations of other administrations of the Department, and to other laws and regulations governing Department of Transportation procurement.

(b) The Federal Procurement Regulations, as implemented and supplemented by Chapter 12 (Department of Transportation Procurement Regulations), are the authorized regulations governing the procurement of supplies and services (including construction and concessions) and the procurement of real property by lease, by the Department of Transportation. § 12-1.003 Authority,

The Department of Transportation Procurement Regulations (DOTPR) are prescribed pursuant to the authority of the Federal Property and Administrative Services Act of 1949, chapter 137 of title 10 of the United States Code, and Department of Transportation Order 4400.3. $ 12-1.004 Applicability.

These regulations apply to all Depart. ment of Transportation procurements made within and outside the United States, unless otherwise specified. Pursuant to delegation by the National Transportation Safety Board under section 5(m) of the Department of Transportation Act, these regulations are applicable to the procurements of the National Transportation Safety Board Pending publication of implementing and

AUTHORITY: The provisions of this part 12-1 issued under sec. 205, 63 Stat. 389; 40 U.S.C. 486(c), 10 U.S.C. 2301-2314.

SOURCE: The provisions of this part 12-1 appear at 33 F.R. 10517, July 24, 1968, unless otherwise noted.

supplementing material in this Chapter 12, procedures and regulations previously established, when not in conflict with FPR, may be used. $ 12-1.005 Exclusions.

(a) Certain Department of Transportation procurement policies and procedures which come within the scope of chis Chapter 12 nevertheless may be excluded therefrom when there is justification therefor. These exclusions may include the following categories:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than 6 months.

(3) Policies and procedures which are effective on an experimental basis for a reasonable period. § 12-1.006 Issuances. § 12-1.006-1 Code arrangement.

Department of Transportation Procurement Regulations which implement, supplement, or deviate from the Federal Procurement Regulations, Chapter 1 of Title 41 of the Code of Federal Regulations, and have an impact upon the public, will be published as Chapter 12 of Title 41, Code of Federal Regulations. (33 F.R. 12843, Sept. 11, 1968) $ 12-1.006–2 Publication.

Chapter 12 of Title 41, Code of Federal Regulations will be published in the daily issues of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations, and in separate looseleaf form on blue paper. The looseleaf form is designed to permit interleaf into the Federal Procurement Regulations. $ 12-1.006–3 Copies.

Copies of the Department of Transportation 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. Looseleaf form copies of Chapter 12 will be distributed to Department of Transportation activities as authorized by the Director of Logistics and Procurement Policy, Office of the Secretary of Transportation.

$ 12-1.007 Arrangement.
$ 12-1.007-1 General plan.

The Department of Transportation 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, except that material published in looseleaf form which is not published in Title 41, Code of Federal Regulations, will be indicated by the letters "DOT" preceding and following the material. § 12–1.007–2 Numbering.

(a) Chapter 12 has been allocated to the Department of Transportation for implementing and supplementing Chapter 1 of Title 41 CFR, the Federal Procurement Regulations.

(b) Where the DOTPR implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of DOTPR will be numbered (and captioned) to correspond to the part, subpart, section, or subsection of Chapter 1, Title 41 CFR, the FPR.

(c) Where the DOTPR supplements the FPR, the Nos. 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 FPR requires no implementation, the DOTPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs. § 12–1.007–3 Citation.

Department of Transportation Procurement Regulations will be cited in accordance with FEDERAL REGISTER standards approved for the FPR. For example, this section, when referred to in divisions of the Department of Transportation Procurement Regulations, may be cited as “g 12-1.007-3". However, when this section is referred to formally in official documents, such as legal briefs, it should be cited as “41 CFR 12–1.007–3”. Any section of the Department of Transportation Procurement Regulations may be informally identified, for purpose of brevity, as DOTPR followed by the section number, i.e., “1)OTPR 12-1.007–3".

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§ 12–1.008 Implementation.

and DOTPR will be authorized only

when essential to effect necessary pro(a) The Department of Transportation Procurement Regulations imple

curement or where special circumstances ment and supplement the FPR. Imple

make such deviations clearly in the best menting material is that which expands

interest of the Government. Deviations

will be controlled and approved upon related FPR material. Supplement

follows: ing material is that for which there is no counterpart in the FPR.

(a) Requests for authority to deviate (b) The Department of Transporta

from the provisions of the FPR or the tion Procurement Regulations may in

DOTPR shall be submitted as far in adturn be implemented and supplemented

vance as the exigencies of the situation by regulations issued by the Federal

will permit. Each request for deviation

shall contain the following: Aviation Administration, Federal Highway Administration, Federal Railroad

(1) A clear statement of the deviation Administration, U.S. Coast Guard, St.

desired, including identification of the Lawrence Seaway Development Corpora

specific paragraph number(s) of the tion, Office of the Secretary (OST),


the National Transportation Safety Board

(2) The reason why the deviation is (NTSB), and the Urban Mass Trans

considered necessary or would be in the

best interests of the Government, portation Administration. (c) Regulations issued by the admin

(3) If applicable, the name of the istrations, OST and NTSB will be identi

contractor and identification of the confied in Chapter 12 by the number "12"

tract affected, and a letter suffix as follows:

(4) A statement as to whether the de(1) Federal Aviation Administration

viation has been requested previously 12A, i.e.-12A-1.008(c).

and, if so, circumstances of the previous (2) U.S. Coast Guard-12B.

request, (3) Federal Highway Administra

(5) A description of the intended eftion-12C.

fect of the deviation, (4) Federal Railroad Administra

(6) A statement of the period of time tion-12D.

for which the deviation is needed, and (5) St. Lawrence Seaway Develop

(7) Any pertinent background informent Corporation-12E.

mation which will contribute to a full (6) Office of the Secretary—12F.

understanding of the desired deviation. (7) National Transportation Safety

(b) Deviations from the FPR and Board—12G.

DOTPR involving a single contract or (8) Urban Mass Transportation Ad

procurement may be authorized by the ministration-12H.

administrator of each administration (d) As an interim measure, regula

and the Chairman, National Transportations issued by the Federal Aviation Ad

tion Safety Board, with the power of reministration and the Coast Guard may

delegation. For procurements processed continue to be issued under Chapters 2

within the Office of the Secretary deviaand 11 respectively.

tions may be authorized by the Assist(e) Implementing and supplementing

ant Secretary for Administration, with regulations shall not unnecessarily du

the power of redelegation. A copy of each

authorized deviation will be forwarded plicate or paraphrase the contents of the FPR or DOTPR, and shall be prepared

to the Director of Logistics and Procureto conform with FPR style and arrange

ment Policy. ment. Copies of all regulations imple

(c) Requests for deviations from the

FPR or DOTPR affecting more than menting or supplementing the DOTPR shall be forwarded to the Director of

one contract or contractor shall be forLogistics and Procurement Policy, OST.

warded to the Assistant Secretary for

Administration, and shall be accom$ 12-1.009 Deviations.

panied by an appropriate supporting § 12-1.009-1 Description.

statement. Requests involving deviations

from the FPR will be considered jointly See FPR 1-1.009-1.

by the Department and the General § 12-1.009-2 Procedure.

Services Administration unless, in the

judgment of the Assistant Secretary for In the interest of establishing and Administration, after due consideration maintaining uniformity to the greatest of the objective of uniformity and proextent feasible, deviations from the FPR gram responsibilities of the Department,

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