This subpart establishes Chapter 11, Coast Guard Procurement Regulations (CGPR), implementing and supplementing the Federal Procurement Regulations, and states its relationship to the Federal Procurement Regulations and to other laws and regulations governing Coast Guard procurement. Certain portions of CGPR may contain cross-references to the Armed Services Procurement Regulation (ASPR) for purposes of guidance or in order to incorporate by reference material in the ASPR into CGPR. § 11-1.101 Purpose. This subpart establishes the Federal Procurement Regulations, as implemented and supplemented by Chapter 11 (Coast Guard Procurement Regulations), as the authorized regulations governing the procurement of supplies and services (including construction) by the Coast Guard from appropriated funds, effective 1 July 1963. § 11-1.102 Authority. The Coast Guard Procurement Regulations (CGPR) are prescribed pursuant to the authority of 14 U.S.C. 633, Chapter 137 of Title 10 of the United States Code and the Federal Property and Administrative Services Act of 1949. § 11-1.103 Applicability. These regulations apply to Coast Guard procurement made within and outside the United States unless otherwise specified. Pending publication of implementing and supplementing instructions in this Chapter 11, and cancellation of existing Coast Guard procurement regulations, the procedures and regulations previously established, when not in conflict with FPR, will be used. (a) Certain Coast Guard procurement policies and procedures which come within the scope of this Chapter 11 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 six months. (3) Policies or procedures which are effective on an experimental basis for a reasonable period. (4) Policies and 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. (5) Where speed of issuance is essential, numerous changes are required in Chapter 11, and all necessary changes cannot be made promptly. (b) Procurement policies and procedures issued in other than the FPR System format under paragraphs (a) (4) and (5), of this section, will be codified into Chapter 11 at the earliest practicable date, but in any event not later than six months from date of issuance. 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 "11-1.106-3 of this chapter". When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 11-1.106-3". Any section of the Coast Guard Procurement Regulations may be informally identified, for purposes of brevity, as CGPR followed by the section number, i.e., "CGPR 11-1.106-3". § 11-1.107 Coast Guard implementation and supplementation of FPR. § 11-1.107-1 Description. The Coast Guard Procurement Regulations "implement” and “supplement" the FPR. The meaning of these terms includes the following: (a) Implementation means a part, subpart, section, etc., which treats the policies and procedures of a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations. However, material in Chapter 11 which differs from material in Chapter 1 (FPR) shall be regarded as a deviation only if explicitly referenced to be a deviation. (b) Supplementation means CGPR coverage of matters which have no counterpart in the FPR. § 11-1.108 Deviations. § 11-1.108-1 Description-See FPR 1-1.009-1. § 11-1.108-2 Procedure. In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR and CGPR shall be kept to a minimum and controlled as follows: (a) In individual cases, deviations from the FPR and CGPR may be authorized by the Commandant (FS), district commanders and commanding officers of Headquarters units (having contracting authority), 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 Commandant (FS). (b) In classes of cases, requests for deviations from the FPR and the CGPR shall be forwarded in triplicate to the Commandant (F), and shall be accompanied by an appropriate supporting statement. Request will be considered on an expedited basis, and appropriate coordination with Headquarters staff and operating divisions will be obtained. Requests involving the FPR will be considered jointly by the Coast Guard and the General Services Administration, unless, in the judgment of the Commandant (F), after due consideration of the objective of uniformity and program responsibilities of the Coast Guard, circumstances preclude such joint effort. In such cases, the Commandant (F) will approve such class deviations as he determines necessary and will appropriately notify the General Services Administration. Subpart 11-3.1-Use of Negotiation § 11-3.101 General requirements for negotiation. In addition to the requirements of § 1-3.101, proposals, request for quotations, and contracts awarded under any negotiation authority in Subpart 11-3.2 may be effected by use of forms prescribed in Part 1-16 when such forms are authorized for negotiated procurement and will contain applicable clauses set forth in Part 1-7 which are appropriate to the type of contract being negotiated. Each contract awarded will be documented by a Statement and Certificate of Award (SF-1036). Subpart 11-3.2-Circumstances Permitting Negotiation § 11-3.200 Scope of subpart. Negotiated procurement by the Coast Guard is authorized in Chapter 137 of 10 U.S.C. Except as modified in this Chapter 11, the regulations set out in Subpart 1-3.2 shall apply to Coast Guard negotiated procurement. § 211-3.201 National emergency. Section 2304 (a) (1) of 10 U.S.C. is applicable for Coast Guard procurement under this section. § 11-3.202 Public exigency. Section 2304 (a) (2) of 10 U.S.C. is applicable for Coast Guard procurement under this section. § 11-3.203 $2,500. Purchases not in excess of (a) Authority. Section 2304 (a) (4) of 10 U.S.C. is applicable for Coast Guard procurement under this section. (b) Limitations. (1) In addition to the limitations imposed in § 1-3.204(b) (1), specific approval of the Commandant (FS) will be obtained prior to negotiation of contracts under this section. (2) In lieu of the provisions of § 1-3.204(b) (2), a determination and findings to negotiate for professional engineering, architectural and landscape architectural services for any public. building or public improvements (exclu |