$ 5.000 Sec. 5.1103-5 Department of Defense Manufac turing Establishment. 5.1103-6 Purchase of decentralized items. 5.1104 5.1105 Items in short supply. Transfer of uncompleted contracts. 5.1105-1 Effect of assignment of procurement responsibility. 5.1105-2 Disputes under transferred tracts. con 5.1105-3 Contracting officers under transferred contracts. 5.1106 Purchase authorization. 5.1106-1 MIPR's or other Authorized Purchase Requests. 5.1106-2 Determinations and findings. 5.1106-3 Delivery schedule. 5.1106-4 Specifications. 5.1106-5 Utilization of existing Department of Defense assets. 5.1107 Funds and payments. 5.1107-1 Citation of appropriation and funds of Requiring Department. 5.1107-2 Citation of funds of Procuring Department. 5.1108 Preparation and use of DD Form 448/448c (MIPR). 5.1108-1 Special instructions. 5.1108-2 Consolidation of requirements. 5.1108-3 Cutoff dates for submission MIPRS. of 5.1108-4 Notification of inability to obligate. 5.1108-5 Number of copies to be submitted. 5.1108-6 Changes to MIPRS. 5.1108-7 Requests for additional funds. 5.1109-3 Preparation and use of DD Form 448-2. (Acceptance of MIPR). 5.1109-4 Withdrawal of funds. 5.1110 Components of end items. 5.1110-1 Contractor-furnished components. 5.1110-2 Government-furnished components. 5.1110-3 Purchase of components over and above those initially purchased with the end item. 5.1111 Distribution of contracts and orders. 5.1111-1 Consignee copies. Cancellation of requirements. Transportation of supplies. Procurement agreements. 5.1112 5.1113 5.1116 Status reporting. 5.1117 5.1118 Sec. 5.1201-7 5.1203 General Services Administration. Plant cognizance procurement assignments. AUTHORITY: The provisions of this Part 5 issued under R.S. 161, sec. 2202, 70A Stat. 120; 5 U.S.C. 22, 10 U.S.C. 2202. Interpret or apply secs. 2301-2324, 70A Stat. 127-133; 10 U.S.C. 2301-2314. § 5.000 Scope of part. This part deals with the procurement of supplies and services by the Military Departments from or through any other Government department or agency, with the exception of the procurement of supplies and services under the authority of Part 4, Coordinated Procurement. This subpart is not applicable to procurement effected outside the United States except as otherwise provided by Departmental procedures. [25 F.R. 14152, Dec. 31, 1960] Subpart A-Procurement Under Federal Supply Schedule Contracts § 5.100 Applicability. This subpart applies to procurement of supplies to be delivered or services to be performed in the United States (exclusive of Alaska and Hawaii) including the satisfaction of overseas requirements when such requirements are routed to facilities in the United States for supply action in accordance with instructions prescribed by the Military Departments. It does not apply to items under the cognizance of the Defense Personnel Support Center or to items which are being purchased for resale. [30 F.R. 14087, Nov. 9, 1965] § 5.101 Federal Supply Schedule con tracts. (a) General. The Federal Supply Service, General Services Administration, establishes contracts for common use classes of supplies and services. These contracts are summarized in Federal Supply Schedules which list the contractors and the supplies or services that may be purchased from them. Military purchasing offices shall order their requirements for supplies or services covered by these contracts as set forth in §§ 5.102 and 5.103. Copies of the Federal Supply Schedules and the Federal Supply Schedule Check List (a quarterly publication indicating the status of all Federal Supply Schedules) are distributed by the General Services Administration to all purchasing activities. Copies of the Schedules and the Check List and the General Provisions of the Federal Supply Schedule contracts are available from the General Services Administration regional offices listed in § 5.203. Requests for them should be submitted on GSA Form 457, which is also available from the regional offices. (b) Standard Form 149, U.S. Government National Credit Card. The U.S. Government National Credit Card (Standard Form 149) may be used in obtaining service station supplies and services under Federal Supply Schedule Contracts, FSC Group 91. [30 F.R. 14087, Nov. 9, 1965] Federal Supply Schedules under which procurement is mandatory on the Department of Defense are listed in § 5.1023. The pertinent contracts provide that for a definite period the contractor is obligated to deliver all supplies or services that may be ordered thereunder by Government agencies, subject to the stated minimum and maximum order limitations. [27 F.R. 6128, June 29, 1962] § 5.102-2 Exceptions to mandatory use. (a) Delivery requirements. When the delivery period stated in a Federal Supply Schedule does not meet the delivery requirement of the purchasing office, use of the Federal Supply Schedule is not mandatory. However, delivery dates shown in Federal Supply Schedules are based upon the average capability of the contractor and are usually conservative. In most instances, contractors are able to make delivery within a shorter period of time. Therefore, when delivery is required in a shorter time than the maximum shown in the Schedule, the contractor should be asked if the shorter delivery requirements can be met. the contractor offers to meet the earlier delivery requirements, they should be specified in the order with a reference to such offer. If delivery is offered in a shorter time than the maximum stated in the Schedule, but later than that required by the purchase request, the contracting officer shall ascertain from the activity initiating the purchase request whether the offered delivery is acceptable. This procedure need not be followed when transportation time from If the contractor's shipping point or time required for inquiry and reply make conformance impracticable. When multiple award schedules are involved, the purchasing office need query only one contractor after considering the requirements of § 5.106. (b) Similar items. When specific supplies or services listed in a Federal Supply Schedule will not meet a special requirement, use of the Schedule is not mandatory. When supplies or services having the same general characteristics and intended use are to be procured from other sources, the head of the office initiating the purchase request or his designated representative shall furnish the purchasing office a signed statement identifying the supplies or services to be purchased, and explain why similar items listed in the applicable Federal Supply Schedule will not meet the specific requirements. The purchasing office shall, within 15 days of the date of purchase, furnish the statement to the General Services Administration office issuing the Schedule. (c) Abnormal requirements. When the requirements of the purchasing activity are (1) less than the minimum order limitation or (2) in excess of the maximum order limitation provided in the applicable Federal Supply Schedule, use of the Schedule is not mandatory. However, where requirements for supplies or services exceed the maximum limitations of the applicable Schedule, but are within the DOD-GSA Interagency Purchase Assignments, those items will be procured through the General Services Administration (see § 5.1201-7). [30 F.R. 14087, Nov. 9, 1965] § 5.102-3 Applicability of listed Federal Supply Schedules. Supplies and services covered by the Federal Supply Schedules listed herein are mandatory in whole or in part upon some element of the Department of Defense. Some of the Federal Supply Schedules listed include classes unrelated to the Federal Supply Group which identifies the Schedule. To aid in locating an item in the mandatory Schedules, the classes included in each Schedule have been listed. The Remarks column states exceptions to the mandatory provisions of the Schedule when applicable. The Schedules should be checked for complete detail concerning the exceptions. |