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Sec. 1-1.305–5 Use of Federal and Interim Fed

eral Specifications in Federal construction contracts.

PART 1-1-GENERAL Sec. 1-1.000 Scope of part.

Subpart 1-1.0—Regulation System 1-1.001 Scope of subpart. 1-1.002 Purpose. 1-1.003 Authority. 1-1.004 Applicability. 1-1.005 Exclusions. 1-1.006 Issuance. 1-1.006-1 Code arrangement. 1-1.006-2 Publication. 1-1.006–3 Copies. 1-1.006-4. Coordination. 1-1.007 Arrangement. 1-1.007-1 General plan. 1-1.007-2 Numbering. 1-1.007-3 Citation. 1-1.008 Agency implementation. 1-1.009 Deviation. 1-1.009-1 Description. 1-1.009-2 Procedure.

1-1.305–6 Military and departmental speci

fications. 1-1.306 Standards. 1-1.306–1 Mandatory use and application of

Federal Standards. 1-1.307 Purchase descriptions. 1-1.307-1 Applicability. 1-1.307-2 General requirements. 1-1.307-3 Commercial, and State and local

government specifications and

standards. 1-1.307–4 Brand name products or equal. 1-1.307-5 Limitations on

use of "brand name or equal” purchase de

scriptions. 1-1.307-6 Invitation for bids, "brand name

or equal" descriptions. 1-1.307–7 Bid evaluation and award, "brand

name or equal" descriptions.

Subpart 1-1.1-(Reserved) Subpart 1-1.2-Definition of Terms

1-1.307–8 Procedure for negotiated procure

ments and small purchases. 1-1.307–9 Inspection and acceptance. 1-1.308 (Reserved.) 1-1.309 (Reserved) 1-1.310 Responsible prospective contrac

tor. 1-1.310–1 Scope. 1-1.310-2 General. 1-1.310-3 Applicability. 1-1.310-4 General policy. 1-1.310-5 Standards. 1-1.310–6 Determination of responsibility. 1-1.310–7 Information regarding responsi


1-1.201 Definitions. 1-1.202 Executive agency. 1-1.203 Federal agency. 1-1.204 Head of the agency. 1-1.205 Procuring activity. 1-1.206 Head of the procuring activity. 1-1.207 Contracting officer. 1-1.208 Contract. 1-1.209 Procurement. 1-1.210 (Reserved] 1-1.211 Manufacturer. 1-1.212 Regular dealer. 1-1.213 Construction contractor. 1-1.214 Service contractor. 1-1.215 Government instrumentality. 1-1.216 United States. 1-1.217 Possessions. 1-1.218 Negotiation. 1-1.219 Contract modification. 1-1.220 Procurement item.

Subpart 1-1.3-General Policies 1-1.300 Scope of subpart. 1-1.301 Methods of procurement. 1-1.302 Procurement sources. 1-1.302-1 General. 1-1.302–2 Production and research and de

velopment pools. 1-1.303 Approval signatures. 1-1.304 (Reserved.) 1-1.305 Specifications. 1-1.305-1 Mandatory use Federal Specif

cations. 1-1.305-2 Exceptions to mandatory use of

Federal Specifications. 1-1.305-3 Deviations from Federal Specifi

cations. 1-1.305-4 Optional use of Interim Federal


1-1.310-8 Capacity and credit of small busi

ness concerns. 1-1.310-9 Pre-award on-site evaluation. 1-1.310-10 Performance records. 1-1.310–11 Subcontractor responsibility. 1-1.311 Priorities, allocations, and allot

ments. 1-1.312 (Reserved] 1-1.313 Records of contract actions. 1-1.314 Solicitations for informational or

planning purposes. 1-1.315 Use of liquidated damages pro

visions in procurement con

tracts. 1-1.315-1 General. 1-1.315-2 Policy. 1-1.315-3 Contract provisions. 1-1.316 Time of delivery or performance. 1-1.316-1 Scope and applicability. 1-1.316-2 General. 1-1.316-3 Factors to be considered. 1-1.316-4 Terms. 1-1.316-5 Time of delivery clauses.

1-1.317 Noncollusive bids and proposals.



Subpart 1-1.4- [Reserved)

Subpart 1-1.5—Contingent Fees

1-1.701–6 Industry.

1-1.701-7 Certificate of competency. 1-1.500 Scope of subpart.

1-1.701-8 Set-aside for small business. 1-1.501 Applicability.

1-1.701-9 Small business restricted adver1-1.502 Improper influence.

tising. 1-1.503 Covenant.

1-1.702 Small business policies. 1-1.504 General principles and standards

1-1.703 Determination of status applicable to the covenant.

small business concern. 1-1.504-1 Use of principles and standards.

1-1.703–1 Representation by bidder or of 1-1.504–2 Contingent character of the fee.

feror. 1-1.504–3 Exceptions to the prohibition.

1-1.703–2 Protest regarding small business 1-1.5044 Bona fide employee.

status. 1-1.504–5 Bona Ade established commercial

1-1.704 Agency program direction and or selling agency maintained

operation. by the contractor for the pur

1-1.705 pose of securing business.

Cooperation with the Small Busi

ness Administration. 1-1.504–6 Fees for "information."

1-1.705-1 General. 1-1.505 Representation and agreement re

1-1.705–2 SBA representatives. quired from prospective con

1-1.705–3 Screening of procurements. tractors.

1-1.705-4 Access to information. 1-1.506 Interpretation of the representa

1-1.705-5 Joint small business set-asides. tion. 1-1.507

1-1.705–6 Certificates of competency. Use of Standard Form 119. 1-1.507–1 Form prescribed.

1-1.705–7 Performance of contract by SBA. 1-1.507-2 Statement in lieu of form.

1-1.706 Procurement set-asides for small 1-1.507-3 Exceptions.

business. 1-1.508 Enforcement.

1-1.706-1 General. 1-1.508-1 Failure or refusal to furnish rep

1-1.706–2 Review of SBA set-aside proresentation and agreement.

posals. 1-1.508-2 Failure or refusal to furnish

1-1.706–3 Withdrawal' or modification of Standard Form 119.


of 1-1.508–3 Misrepresentations or violations

1-1.706-4 Reporting for Department of the covenant against con

Commerce Procurement Synop

sis. tingent fees.

1-1.706-5 Total set-asides. 1-1.509 Preservation of records.

1-1.706–6 Partial set-asides. Subpart 1-1.6-Debarred and Ineligible Bidders 1-1.706–7 Automatic dissolution of set

asides. 1-1.601 Purpose. 1-1.602 Establishment and maintenance

1-1.706–8 Contract authority.

1-1.707 of a list of firms or individuals


1-1.708 debarred or ineligible.

Certificate of competency pro1-1.603 Bases for debarment and ineligi

gram. ble list entry.

1-1.708-1 General. 1-1.604 Treatment to be accorded firms

1-1.708–2 Applicability and procedure. or individuals in debarred or in

1-1.708–3 Conclusiveness of certificate of eligible status.


1-1.709 1-1.605

Records and reports.
Causes and conditions applicable

to determination of debarment

Subcontracting with small busi

ness concerns. by an executive agency.

1-1.710-1 General. 1-1.606 Agency procedure.

1-1.710–2 Small business subcontracting 1-1.607 General Services Administration responsibility.

program. 1-1.608

1-1.710–3 Required clauses. Supplemental names included for

1-1.710-4 Review of subcontracting proother causes.

gram. Subpart 1-1.1-Small Business Concerns

1-1 700 General
1-1 701 Definitions.
1-1.701-1 Small business concern (for Gov-

ernment procurement).
1-1 701-2 Affiliates.
1-1 701-3 Dominance in field of operation.
1-1 701-4 Non-manufacturer.
1-1 701-5 Number of employees.

Subpart 1-1.8—labor Surplus Area Concerns 1-1.800 Scope of subpart. 1-1.801 Definitions. 1-1.801-1 Labor surplus area concern. 1-1.801-2 Labor surplus area. 1-1.801-3 Small business concern. 1-1.802 Labor surplus area policies.

Sec. 1-1.1003–3 Research and development. 1-1.1003-4 Synopses of subcontract oppor

tunities. 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. 1-1.1005 Classification codes. 1-1.1005-1 Codes for services. 1-1.1005-2 Codes for supplies.

Sec. 1-1.802-1 General policy. L-1.802–2 Specific policies. 1-1.802–3 Buy American Act. 1-1.803 (Reserved). --1.804 Partial set-asides for labor sur

plus area concerns. 1-1.804-1 General. --1.804-2 Notice to bidders or offerors. --1.804-3 Award procedures. 1-1.804–4 Withdrawal of set-asides. 1-1.804–5 Contract authority. -1.805 Subcontracting with labor sur

plus area concerns. -1.805-1 General. --1.805–2 Labor surplus area subcontract

ing program. 1-1.805-3 Required clauses. -1.805-4 Review of subcontracting pro

gram. -1.806 Depressed industries. -1.806-1 General. --1.806-2 Apparel industry (Notification

No. 53). -1.806-3 Petroleum and petroleum prod

ucts industry (Notification No.

58). 1-1.806-4 Shipbuilding industry (Notifica

tion No. 57). 1-1.806-5 Textile industry (Notification No.

38). 1-1.807 Report on preference procure

ment in labor surplus areas.

Subpart 1-1.11-Qualified Products 1-1.1101 Procurement of qualified prod

Subpart 1-1.12 [Reserved)

Subpart 1-1.13 [Reserved)

Subpart 1-1.14 [Reserved)

Subpart 1-1.15 (Reserved) Subpart 1-1.16—Reports of Identical Bids

1-1.1601 General. 1-1.1602 Definitions. 1-1.1603 Reporting requirements. 1-1.1603-1 Cases to be reported. 1-1.1603–2 Preparation of reports. 1-1.1603-3 Submission of reports. 1-1.1604 Supplemental requests by At

torney General. 1-1.1605 Information to be obtained from

bidders. 1-1.1605-1 Invitation for bids provision. 1-1.1605–2 Failure to provide information.

Subpart 1-1.9-Reporting Possible Antitrust

Violations 1-1.901 General. 1-1.902 Documents to be transmitted. 1-1.903 Additional information.

Subpart 1-1.10—Publicizing Procurement Actions 1-1.1001 General policy. 1-1.1002 Availability of invitations for

bids and requests for propos

als. 1-1.1003 Syrpses of proposed procure

ments. 1-1.1003–1 Department of Commerce Syn

opsis. 1-1.1003-2 General requirements.

AUTHORITY: $$ 1-1.000 to 1-1.1605–2 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486 (c). $$ 1-1.800 to 1-1.807 also issued under Defense Manpower Policy No. 4 (Revised), 25 F.R. 5238, 32A CFR, Ch. 1. $$ 1-1.1601 to 1-1.1605–2 also issued under E.O. 10936, 3 CFR, 1961 Supp., pp. 104-106.

SOURCE: $$ 1-1.000 to 1-1.1101 appear at 24 F.R. 1933; Mar. 17, 1959, except as otherwise noted.

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§ 1-1.000 Scope of part.

This part sets forth policies and procedures concerning: the Federal Procurement Regulations System; definition of terms used throughout this chapter; general policies of procurement; contingent fees; debarred and ineligible bidders; small business concerns; and reporting possible antitrust violations.

Subpart 1-1.0-Regulation System § 1-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Federal Procurement Regulations System; its purpose, authority, applicability, issuance, arrangement, implementation, and deviation procedure. § 1-1.002 Purpose.

This subpart establishes the Federal Procurement Regulations System for the codification and publication of uniform policies and procedures applicable to the procurement of personal property and nonpersonal services (includirg construction) by executive agencies, except as limited by the provisions of section 1-1.004 with respect to the Department of Defense. The System includes regulations prescribed by the Administrator of General Services, called the Federal Procurement Regulations (FPR), as well as individual agency procurement regulations which implement and supplement the FPR. § 1-1.003 Authority.

The Federal Procurement Regulations System is prescribed by the Administrator of General Services under the Federal Property and Administrative Seryices Act of 1949, and the FPR are developed in cooperation with the procurement agencies and are issued by him under the act or other authority specially cited.

§ 1-1.005 Exclusions.

Certain Governmentwide policies and procedures which come within the scope of this chapter neverthless may be excluded from Federal Procurement Regulations. These exclusions include the following categories:

(a) Subject matter which bears a security classification.

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

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

§ 1-1.006 Issuance.

f 1-1.006-1 Code arrangement.

Federal Procurement Regulations are issued in the Code of Federal Regulations as Chapter I of Title 41, Public Contracts. Succeeding chapters of Title 41 are devoted to implementing and supplementing material developed and issued by particular Federal agencies to govern their procurement activities, as well as regulations of general application to procurement agencies issued by other Federal regulatory agencies, such as the Department of Labor under the WalshHealey Public Contracts Act.

§ 1-1.004 Applicability.

Federal Procurement Regulations apply to all Federal agencies to the extent specified in the Federal Property and Administrative Services Act of 1949 or in other law. Except for standard Government forms and clauses, Federal Specifications and Standards, and except as directed by the President, Con

§ 1-1.006-2 Publication.

Federal Procurement Regulations are published (in Title 41) in the daily issue of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations, and in separate loose-leaf volume form. 8 1-1.006–3 Copies.

Copies of Federal Procurement Regulations in Federal Register and Code

22-056 0-64-2

of Federal Regulations form may be pur- divisions of the Federal Procurement chased by Federal agencies and the pub- Regulations, should be cited as "section lic, at nominal cost, from the Superin- 1-1.007–3 of this chapter.” When this tendent of Documents, Government section is referred to formally in official Printing Office, Washington 25, D.C. documents, such as legal briefs, it should Copies of Federal Procurement Regula- be cited as “41 CFR 1-1.007–3." Any tions in loose-leaf volume form may be section of Federal Procurement Regulaobtained by Federal agencies from the tions may be informally identified, for General Services Administration, in a purposes of brevity, as “FPRfollowed very limited quantity, and may be pur- by the section number, such as "FPR chased by the public from the Superin- 1-1.007-3." tendent of Documents.

§ 1-1.008 Agency implementation.

As portions of FPR material are pre§ 1-1.006–4 Coordination.

scribed, agencies shall publish in the In the development of Federal Pro

FEDERAL REGISTER implementing regula

tions deemed necessary for business concurement Regulations, there will be solicited the views of interested Federal cerns, and others properly interested, to agencies and, where appropriate and

understand basic and significant agency feasible, the views of interested business procurement policies and procedures and professional organizations. The which implement, supplement, or deviate Regulations will be coordinated with the from the FPR. Detailed instructions of Small Business Administration to assure

interest primarily for internal agency adequate consideration of small business guidance need not be published. Impleinterests.

menting regulations shall be prepared to

conform with FPR style and arrange§ 1-1.007 Arrangement.

ment. § 1-1.007-1 General plan.

§ 1-1.009 Deviation. The general plan, numbering system, § 1-1.009-1 Description. and nomenclature used in the Federal Procurement Regulations conform with

As used in these Regulations, the term Federal Register standards approved for

"deviation” includes any of the following the FPR.

actions: § 1-1.007-2 Numbering.

(a) When a prescribed contract clause

is set forth verbatim, use of a contract The numbering system permits iden- clause covering the same subject matter tification of every unit. The first digit which varies from that set forth. represents the chapter number allocated

(b) When a standard or other form is to each agency, followed by a dash.

prescribed, use of any other form for the This is followed by the part number same purpose. which may be one or more digits fol

(c) Alteration of a prescribed standlowed by a decimal point. The numbers

ard or other form, except as may be auafter the decimal point represent, re

thorized in the Regulations. spectively, the subpart, section (in two digits), and, after the dash, subsection,

(d) The imposition of lesser or, where

the paragraph, subparagraph, and further

regulation expressly prohibits, inferior divisions. For example, this di

greater limitations than are imposed vision is called "section 1-1.007–2," in

upon the use of a contract clause, form, which the first digit denotes the chapter,

procedure, type of contract, or upon any the second the part, the third the sub

other procurement action, including but part, the fourth and fifth the section,

not limited to, the making or amendment and the sixth the subsection.

of a contract, or actions taken in con

nection with the solicitation of bids or § 1-1.007–3 Citation.

proposals, award, administration, or setFederal Procurement Regulations will

tlement of contracts. be cited in accordance with Federal Reg- (e) When a policy or procedure is preister standards approved for the FPR. scribed, use of any inconsistent policy or Thus, this section, when referred to in procedure.

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