CHAPTER 1-FEDERAL PROCUREMENT REGULATIONS Part Special and directed sources of supply. 1-6 Foreign purchases. 1-7 Contract clauses. 1-8 Termination of contracts. 1-10 Bonds and insurance. 1-11 Federal, State, and local taxes. 1-12 Labor. 1-14 Inspection and acceptance. 1-15 Contract cost principles and procedures. 1-16 Procurement forms. 1-17 Extraordinary contractual actions to facilitate the national defense. 1-18 Procurement of construction. 1-19 Transportation. 1-20 Retention requirements for contractor and subcontractor records. 1-30 Contract financing. PART 1-1-GENERAL Sec. 1-1.000 Scope of part. Subpart 1-1.0-Rogulation System 1-1.001 Scope of subpart. 1-1.002 Purpose. 1-1.003 Authority. 1-1.004 Applicability. 1-1.004-1 Leases of real property. 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. 1-1.010 Interagency Procurement Policy Committee. Subpart 1-1.1-[Reserved] Subpart 1-1.2-Definition of Torms 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 oficer. 1-1.208 Contract. 1-1.209 Procurement. 1-1.210 (Reserved] 1-1.211 [Reserved] 1-1.212 [Reserved] 1-1.213 (Reserved] 1-1.214 [Reserved] 1-1.215 Government Instrumentallty. 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 Policlos 1-1.301 Methods of procurement. 1-1.301-1 Competition. 1-1.301-2 Formal advertising. 1-1.301-3 Negotiation. 1-1.302 Procurement sources. 1-1.302-1 General. 1-1.302-2 Production and research and de velopment pools. 1-1.302–3 Contracts between the Govern. ment and Government employees or business concerns substantially owned or controlled by Government em ployees. 1-1.303 Approval signatures. 1-1.304 Designation of solicitation open ing time. 1-1.305 Specifications. Sec. 1-1.305-1 Mandatory use of Federal Specifi cations. 1-1.305-2 Exceptions to mandatory use of Federal Specifications. 1-1.305-3 Deviations from Federal Specif cations. 1-1.305-4 Optional use of Interim Federal Specifications. 1-1.305-5 Use of Federal and Interim Fed eral Specifications in Federal construction contracts. 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" de scriptions. 1-1.307-8 Procedure for negotiated pro curements and small pur chases. 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 bility. 1-1.310-8 Capacity and credit of small business 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. Sec. 1-1.316-5 Time of delivery clauses. 1-1.317 Noncollusive bids and proposals. 1-1.318 Disputes clause. 1-1.318-1 Contracting oficer's decision un der a Disputes clause. 1-1.318-2 Relationship to the Equal Op portunity clause. 1-1.319 Procurement of items using Jewel bearings. 1-1.320 Subcontractor gifts and kick backs. Subpart 1-1.4-Procurement Responsibility and Authority 1-1.400 Scope of subpart. 1-1.401 Responsibility of the head of the procuring activity. 1-1.402 Authority of contracting officers. 1-1.403 Requirements to be met before entering into contracts. 1-1.404 Selection, designation, and ter mination of designation of con tracting officers. 1-1.404-1 Selection. 1-1.404–2 Designation. 1-1.404_3 Termination of designation. 1-1.4044 Assignment of duties to contract ing officers. 1-1.405 Ratification of unauthorized con tract awards. Subpart 1-1.5—Contingent Fees 1–1.500 Scope of subpart. 1-1.501 Applicability. 1-1.502 Improper influence. 1-1.503 Covenant. 1-1.504 General principles and standards applicable to the covenant. 1-1.504-1 Use of principles and standards. 1-1,504-2 Contingent character of the fee. 1-1.5043 Exceptions to the prohibition. 1-1.5044 Bona fide employee. 1-1.504-5 Bona fide established commer cial or selling agency maintained by the contractor for the purpose of securing busi ness. 1-1.5046 Fees for "information." 1-1.505 Representation and agreement required from prospective con tractors. 1-1.506 Interpretation of the representa tion. 1-1.507 Use of Standard Form 119. 1-1.507-1 Form prescribed. 1-1.507-2 Statement in lieu of form. 1-1.507-3 Exceptions. 1-1.508 Enforcement. 1-1.508-1 Failure or refusal to furnish rep resentation and agreement. 1-1.508–2 Failure or refusal to furnish Standard Form 119. 1-1.508-3 Misrepresentations or violation of the covenant against coll tingent fees. 1-1.509 Freservation of records. Subpart 1-1.6—Debarred, Suspended, and Ineligible Bidders Sec. 1-1.600 Scope of subpart. 1-1.601 General. 1-1.601-1 Definitions. 1-1.602 Establishment and maintenance of list of concerns or individuals debarred, suspended, or declared ineligible. 1-1.602-1 Bases for entry on the debarred, suspended and ineligible list. 1-1.603 Treatment to be accorded firmas or individuals in debarred, suspended, or ineligible status. 1-1.604 Causes and conditions applicable to determination of debarment by an executive agency. 1-1.604-1 Procedural requirements relato ing to the imposition of de barment. 1-1.605 Suspension of bidders. 1-1.605-1 Causes and conditions under which executive agencies may suspend contractors. 1-1.605–2 Period and scope of suspension. 1-1.605-3 Restrictions during period of suspension. 1-1.605-4 Notice of suspension. 1-1.606 Agency procedure. 1-1.607 General Services Administration responsibility. Subpart 1-1.7—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 Small business Government sub contractors. 1-1.701-5 Number of employees. 1-1.701-6 Industry. 1-1.701-7 Certificate of competency. 1-1.701-8 Set-aside for small buisness. 1-1.701-9 Small business restricted adver tising. 1-1.701–10 Base maintenance. 1-1.702 Small business policies. 1-1.703 Determination of status as 8 small business concern. 1-1.703-1 Representation by bidder or of feror. 1-1.703–2 Protest regarding small business status. 1-1.704 Agency program direction and operation. (Reserved for use by individual agencies) 1-1.705 Cooperation with the Small Business Administration, 1-1.705-1 General. 1-1.705-2 SBA representatives. 1-1.705-3 Screening of procurements. 1-1.705-4 Access to information. 1-1.705-5 Joint small business set-asides. 1-1.705–6 Certificates of competency. 1-1.705–7 Performance of contract by SBA. 1-1.706 Procurement set-asides for small Sec. 1-1.706-1 General. 1-1.706-2 Review of SBA set-aside pro business. posals. 1-1.706–3 Withdrawal or modification of set-asides. 1. 1.7064 Reporting for Department of Commerce Procurement Syn opsis. 1-1.706-5 Total set-asides. 1-1.706-6 Partial set-asides. 1-1.706–7 Automatic dissolution of set asides. 1-1.7068 Contract authority. 1-1.707 (Reserved) 1-1.708 Certificate of competency pro gram. 1-1.708-1 General. 1-1.708-2 Applicability and procedure. 1-1.708-3 Conclusiveness of certificate of competency. 1-1.709 Records and reports. 1-1.710 Subcontracting with small busi ness concerns. 1-1.710-1 General. 1-1.710-2 Small business subcontracting program. 1-1.710-3 Required clauses. 1-1.710-4 Review of subcontracting pro gram. 1-1.711 Federal Supply Schedule con tracts. 1-1.712 Small business participation in research and development pro curement actions. 1-1.712–1 Publicizing research and devel opment procurement actions to attract small business. 1-1.712-2 Expansion of small business sources for research and devel opment procurement. 1-1.712-3 Selection of small business sources for research and de velopment procurement. 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 concerns. 1-1.801-2 Larbor surplus area. 1-1.801-3 Small business concern. 1-1.802 Labor surplus area policies. 1-1.802-1 General policy. 1-1.802-2 Specific policies. 1-1.802-3 Buy American Act. 1-1.803 (Reserved] 1-1.804 Partial set-asides for labor sur plus area concerns. 1. 1.804-1 General. 1--1.804-2 Notice to bidders or offerors. 1-1.804-3 Award procedures. 1-1.8044 Withdrawal of set-asides. 1-1.804-5 Contract authority. 1-1.805 Subcontracting with labor sur plus area concerns. 1-1.805-1 General. 1-1.805-2 Labor surplus area subcontract ing program. 1-1.805-3 Required clauses. Sec. 1-1.805-4 Review of subcontracting pro gram. 1-1.806 Depressed industries. 1-1.806-1 General. 1-1.806–2 (Reserved] 1-1.806-3 Petroleum and petroleum prod ucts industry (Notification No. 58). 1-1.8064 (Reserved) 1-1.806-5 (Reserved ] 1-1.807 Records and reports. 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 pro posals. 1-1.1003 Synopses of proposed procure ments. 1-1.1003-1 Department of Commerce Syn opsis. 1-1.1003–2 General requirements. 1-1.1003–3 Special areas of negotiation. 1-1.10034 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. 1-1.1006 Advance planning procurement information. 1-1.1006-1 General. 1-1.1006–2 Application. 1-1.1006-3 Conditions. 1-1.1006-4 Commerce Business Daily an nouncements. 1-1.1007 Agency responsibility for per formance with synopsizing program. Subpart 1-1.11-Qualified Products 1-1.1101 Procurement of qualified prod ucts. Subpart 1-1.12 [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 Attor ney General. 8 ences. Sec. curement Regulations (FPR), as well as 1-1.1605 Information to be obtained from individual agency procurement regulabidders. tions which implement and supplement 1-1.1605–1 Invitation for bids provision. the FPR. 1-1.1605–2 Failure to provide information. 130 F.R. 8217, June 26, 1965) Subpart 1-1.17 [Reservod) § 1-1.003 Authority. Subpart 1-1.18-Postaward Orientation of Contractors The Federal Procurement Regulations System is prescribed by the Administra1-1.1800 Scope of subpart. 1-1.1801 (Reserved] tor of General Services under the Fed1-1.1802 Policy. eral Property and Administrative Serv1-1.1803 Postaward orientation confer- ices Act of 1949, as amended, and the FPR are developed in cooperation with 1-1.1803-1 Factors. the procurement agencies and are issued 1-1.1803-2 Initial action. by him under the Act or other authority 1-1.1803–3 Agenda. specially cited. 1-1.1803-4 Participants. 1-1.1803–5 Conference procedure. § 1-1.004 Applicability. 1-1.1804 Subcontract conferences. Federal Procurement Regulations ap1-1.1805 Reports. 1-1.1806 Postaward letters. ply to all Federal agencies to the extent specified in the Federal Property and AUTHORITY: The provisions of this Part 1-1 Administrative Services Act of 1949, as issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(C). amended, or in other law. Except for standard Government forms and clauses, SOURCE: The provisions of this part 1-1 Federal Specifications and Standards, appear at 29 F.R. 10104, July 24, 1964, unless otherwise noted. and except as directed by the President, Congress, or other authority, these Regu8 1-1.000 Scope of part. lations are not made manadatory on the This part sets forth policies and pro Department of Defense. Therefore, the cedures concerning: the Federal Pro extent of their implementation within curement Regulations System; definition the Department of Defense and particiof terms used throughout this chapter; pation in the System will be determined general policies of procurement; contin by that Department. The Regulations gent fees; debarred and ineligible bid apply to procurements made within and ders; small business concerns; labor outside the United States unless othersurplus area concerns; reporting possible wise specified. antitrust violations; publicizing procure- § 1-1.004–1 Leases of real property. ment actions; and qualified products. The FPR apply to leases of real propSubpart 1-1.0-Regulation System erty only to the extent explicity stated 81-1.001 Scope of subpart. in specific FPR provisions. Suparts 1 1.0 and 1-1.2 apply to leases of real This subpart sets forth introductory property. information pertaining to the Federal (30 F.R. 8217, June 26, 1965) Procurement Regulations System; its purpose, authority, applicability, issu- § 1-1.005 Exclusions. ance, arangement, implementation, and Certain Governmentwide policies and deviation procedure. procedures which come within the scope 1-1.002 Purpose. of this chapter nevertheless may be ex cluded from Federal Procurement ReguThis subpart establishes the Federal lations. These exclusions include the Procurement Regulations System for the following categories: codification and publication of uniform (a) Subject matter which bears a sepolicies and procedures applicable to ity classification. Federal agencies in the procurement of (b) Policy or procedure which is expersonal property and nonpersonal serv pected to be effective for a period of less ices (including construction) and the than six months. procurement of real property by lease, (c) Policy or procedure which is beexcept as limited by the provisions of ing instituted on a experimental basis § 1-1.004. The system includes regula for a reasonable period. tions prescribed by the Administrator of General Services, called the Federal Pro- § 1-1.006 Issuance. 9 |