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CHAPTER 1-FEDERAL PROCUREMENT REGULATIONS

Part
1-1 General.
1-2 Procurement by formal advertising.
1-3 Procurement by negotiation.
1-4 Special types and methods of procurement.
1-5

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.

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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 1-1.13 [Reserved)
Subpart 1-1.14 [Reservedl

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.

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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.

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