Sec. 12B-1.5003 12B-1.5004 12B-1.5005 Procedures. Exercise of options. Examples of option clauses. AUTHORITY: The provisions of this Part 12B-1 issued under sec. 633, 63 Stat. 545, secs. 2301-2314, 70A Stat. 127-133, as amended, sec. 6(b), 80 Stat. 938; 14 U.S.C. 633, 10 U.S.C. 2301-2314, 49 U.S.C. 1655(b); 49 CFR 1.4 (a) (2) and (f). SOURCE: The provisions of this Part 12B-1 appear at 33 F.R. 16202, Nov. 5, 1968, unless otherwise noted. Subpart 12B-1.0-Regulation System § 12B-1.001 Scope of Coast Guard Procurement Regulations (CGPR). (a) This Chapter 12B establishes for the Coast Guard uniform policies and procedures relating to the procurement of supplies and services (including construction) and the procurement of real property by lease. (b) By agreement with the Administrator, General Services Administration (Jan. 17, 1963), the Federal Procurement Regulations (FPR) in Chapter 1 of this title are adopted and are the requirements governing the Coast Guard except as stated otherwise in this chapter. The Federal Procurement Regulations (FPR), as implemented and supplemented by Department of Transportation Procurement Regulations and the Coast Guard Procurement Regulations, are the authorized regulations governing the procurement of supplies and services (including construction) and the procurement of real property by lease by the Coast Guard. (c) This Subpart 12B-1.0 describes the Coast Guard Procurement Regulations (CGPR) in this Chapter 12B in terms of establishment, authority, applicability, issuance, arrangement, implementation and supplementation of the Federal Procurement Regulations (FPR) in Chapter 1 and the Department of Transportation Procurement Regulations (DOTPR) in Chapter 12 of this title, exclusions, deviations, and other Coast Guard procurement instructions. § 12B-1.002 Purpose. (a) This Chapter 12B contains the Coast Guard Procurement Regulations (CGPR) which require publication and these regulations implement and supplement the Federal Procurement Regulations (FPR) in Chapter 1 and the De partment of Transportation Procurement Regulations (DOTPR) in Chapter 12 of this title. (b) Where specific statutory provisions are applicable to the Coast Guard, the CGPR may set forth special policies and procedures. The CGPR contains references to the Armed Services Procurement Regulation (ASPR) for purposes of guidance or in order to incorporate by reference material in the ASPR into the CGPR. § 12B-1.003 Authority. (a) The Coast Guard Procurement Regulations (CGPR) are prescribed pursuant to the authority of section 633 in Title 14, United States Code, Chapter 137 of Title 10, United States Code, and subsection 6(b) in the Department of Transportation Act (49 U.S.C. 1855(b)), and the Secretary of Transportation's delegations of authority in 49 CFR 1.4 (a) (2) and (f). (b) The Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471-524, 41 U.S.C. 5, 251–260), applies to the Coast Guard except as specified otherwise therein (see 41 U.S.C. 252); i.e., the laws governing Coast Guard's procurement generally are in Chapter 137 of Title 10, United States Code, as amended. (c) The Secretary of Transportation by a rule in 49 CFR 1.4(g) authorized the Commandant, U.S. Coast Guard, to redelegate and authorize successive redelegations of authority within the Coast Guard of the authority granted to him by rule in 49 CFR 1.4. § 12B-1.004 Applicability. The Coast Guard Procurement Regulations in this Chapter 12B shall apply to Coast Guard procurement made within and outside the United States unless otherwise specified. § 12B-1.004-50 Relationship to FPR, DOTPR, and ASPR. (a) This section confirms the Coast Guard's use of the Federal Procurement Regulations as implemented and supplemented by the Department of Transportation Procurement Regulations as its basic procurement procedures, notwithstanding its military-type organization and responsibilities. (b) Since the Coast Guard is governed by the same procurement law as the De partment of Defense (10 U.S.C. 23012314 (Chapter 137)), and both agencies deal to a considerable extent with the same segment of industry, agreement has been reached with the General Services Administration (GSA) that the Coast Guard will follow the appropriate provisions of the Armed Services Procurement Regulation (ASPR) with respect to the purchase of special military-type equipment whenever the procurement situation is outside the scope of or not otherwise covered by the Federal Procurement Regulations (FPR). In such cases, deviation from the Federal Procurement Regulations may be effected without the need for further authorization from the GSA. (c) When appropriate, provisions of the Armed Services Procurement Regulation (ASPR) will be prescribed for use by the Coast Guard in its CGPR in this chapter under the Federal Procurement Regulations System as supplementary material to the FPR in Chapter 1 and to the DOTPR in Chapter 12 of this title. § 12B-1.005 Exclusions. (a) Certain Coast Guard procurement policies and procedures which come within the scope of this Chapter 12B 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, and the persons affected are furnished copies of such policies or procedures. (3) Policies or procedures which are effective on an experimental basis for a reasonable period, and the persons affected are furnished copies of such policies or procedures. (4) Policies or procedures pertaining to other functions of the Coast Guard as well as procurement functions and there is need to make the issuance available simultaneously to all Coast Guard employees concerned. (b) Procurement policies and procedures issued in other than the FPR System format under paragraph (a) of this scction will be codified into this Chapter 12B at the earliest practicable date, but in any event not later than 6 months from date of issuance. Coast Guard Procurement Regulations (CGPR) in this Chapter 12B are published in the daily issues of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations as a part of Title 41, and in separate looseleaf form on yellow pages. The looseleaf form is designed to permit interleaf (together with Department of Transportation Procurement Regulations) into the Federal Procurement Regulations. § 12B-1.006-3 Copies. Copies of the Coast Guard 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 this Chapter 12B will be distributed to Coast Guard activities as authorized by Coast Guard Headquarters. § 12B-1.007 Arrangement. The Coast Guard 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 for use only by Coast Guard activities which is not published in this Title 41, Code of Federal Regulations will be indicated by the letters “CG" preceding and following the material. § 12B-1.007-2 Numbering. (a) This Chapter 12B has been allocated to the Coast Guard for implementing and supplementing the Federal Procurement Regulations (FPR) in Chapter 1 and the Department of Transportation Procurement Regulations in Chapter 12 of this title. (b) Where the CGPR implements & part, subpart, section, or subsection of the FPR or DOTPR, the implementing part, subpart, section, or subsection of the CGPR will be numbered and captioned to correspond to the FPR or DOTPR material implemented. (c) Where the CGPR supplements the FPR or DOTPR with a part, subpart, section, or subsection and there is no coverage of the subject matter in the FPR or DOTPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved. The CGPR will be renumbered when a number of 50 and up is subsequently assigned to a DOTPR part, subpart, section, or subsection where the subject matter of the DOTPR and CGPR has no relation. (d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR or the DOTPR, or the FPR as implemented by the DOTPR, requires no implementation by the Coast Guard, the CGPR will contain no corresponding part, subpart, section, or subsection on the subject. The material as published in the FPR or DOTPR or FPR as implemented by the DOTPR shall govern. § 12B-1.007-3 Citation. Coast Guard 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 Coast Guard Procurement Regulations, should be cited as "§ 12B-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 12B-1.0073." Any section of the Coast Guard Procurement Regulations may be informally identified, for purposes of brevity, as CGPR followed by the section number, 1.e., "CGPR 12B-1.007-3." § 12B-1.008 Coast Guard implementation and supplementation of FPR and DOTPR. The CGPR "implement" and "supplement" the FPR and the DOTPR. The meaning of these terms include the following: (a) Implementation means a part, subpart, section, or subsection which treats the policies and procedures of a similarly numbered subject of the FPR or DOTPR in greater detail or indicates |