Page images
PDF
EPUB
[blocks in formation]

1.1900 Scope of subpart.

1.1901

Definitions.

1.1902 General.

1.1903 Fixed-price type contracts.

1.1904 Cost reimbursement type contracts.

1.1905 Government administration proce

dures.

1.1906 Contract clauses.

Subpart T-Limitation of Cost or Funds Under Cost-Reimbursement Type Contracts

Sec.

1.2000 Scope of subpart.
1.2001 Limitation of cost or funds.

AUTHORITY: The provisions of this Part 1 issued under R.S. 161, secs. 2202, 2301-2314, 70A Stat. 120, 127-183; 5 U.S.C. 301, 10 U.S.C 2202, 2301-2314.

Subpart A-Introduction

§ 1.100 Scope of subpart.

This subpart sets forth (a) introductory information pertaining to the subchapter (its purpose, applicability, content, and arrangement), and (b) instructions for amending, implementing, disseminating, and deviating from the subchapter.

[25 F.R. 14079, Dec. 31, 1960]

§ 1.101 Purpose of subchapter.

This subchapter, issued by the Assistant Secretary of Defense (Installations and Logistics) by direction of the Secretary of Defense and in coordination with the Secretaries of the Army, Navy, and Air Force and the Director of the Defense Supply Agency, establishes for the Department of Defense, uniform policies and procedures relating to the procurement of supplies and services under the authority of Chapter 137, Title 10 of the United States Code, or under other statutory authority. [27 F.R. 11643, Nov. 27, 1962]

§ 1.102 Applicability of subchapter.

This subchapter shall apply to all purchases and contracts made by the Department of Defense, within or outside the United States (but see § 1.109-4), for the procurement of supplies or services which obligate appropriated funds (including available contract authorizations), unless otherwise specified herein, except transportation services procured by transportation requests, transportation warrants, bills of lading, and similar transportation forms. (Procurement of these excepted transportation services shall be in accordance with specific regulations and instructions issued by the Military Traffic Management and Terminal Service, Military Sea Transportation Service, Military Airlift Command, and the Departments. [33 F.R. 15380, Oct. 17, 1968]

§ 1.103 Arrangement of subchapter. [25 F.R. 14079, Dec. 31, 1960]

§ 1.103-1 General plan.

The subchapter is divided into parts, each one of which deals with a separate aspect of procurement, and each part is further subdivided into subparts and sections.

[25 F.R. 14079, Dec. 31, 1960]

§ 1.103-5 Dating contract clauses.

Contract clauses in this subchapter are identified by showing the year and month of issuance of the clause, as most recently revised, in parentheses immediately after the title, e.g., "Incentive Price Revision (Firm Target) (April 1968)". Where an alternative paragraph is provided for insertion in a clause, the identifying date is shown in parentheses immediately following the text of the paragraph. In contract forms using ASPR clauses, each clause should be shown with its identifying date in the manner prescribed above, except that (a) standard forms are not subject to this requirement and (b) Department of Defense forms and departmental forms that were issued prior to October 1, 1960, should not be revised solely to meet this requirement. Where a clause to be used in a contract represents a deviation from this subchapter, a date will not be shown. [33 F.R. 15380, Oct. 17, 1968]

§ 1.104 Content of subchapter.

(a) This subchapter will contain policies and procedures relating to the procurement of supplies and services and is designed to achieve maximum uniformity throughout the Department of Defense. Hence, implementation of this subchapter by and within the Military Departments, the Defense Supply Agency, the Defense Communications Agency and the Defense Atomic Support Agency shall be only in accordance with § 1.108. This subchapter will be amended, from time to time, to set forth improved procedures which reduce contract preparation time, simplify and standardize contract forms within the Department of Defense, and improve the contracting process by standardizing procedures and instructions. In this connection, personnel at all levels, particularly the contracting level are encouraged to submit through appropriate channels suggestions, based on operating experience, to reduce administrative burden, simplify

[blocks in formation]

contract forms and procedures, and otherwise accomplish the foregoing objectives.

(b) A supplement to the regulations in this subchapter, entitled USEUCOM Supplement (not published in the C.F.R.), is applicable to all purchasing offices of the Department of Defense in the North Atlantic-Mediterranean area, including all of Europe. The USEUCOM Supplement and changes thereto are developed by USEUCOM and concurred in by the Offshore Procurement Policy Coordinating Committee representing the purchasing offices in that area and, after adoption and approval by the Armed Services Procurement Regulation Committee, are published and distributed by the Headquarters, U.S. European Command, as an integral part of the Armed Services Procurement Regulation. In addition, Headquarters USEUCOM publishes Tabs to the USEUCOM Supplement which contain source and informational material (such as governmentto-government agreements and tax information) and which do not require approval by the Armed Services Procurement Regulation Committee.

[30 F.R. 5959, Apr. 29, 1965, as amended at 30 F.R. 6965, May 25, 1965]

§ 1.105 Amendment of subchapter.

This subchapter may be amended from time to time by the issuance of "Revisions," by the Assistant Secretary of Defense (Installations and Logistics) after coordination with the Secretaries of the Army, Navy, and Air Force and the Director of the Defense Supply Agency. Unless otherwise directed in a particular case by the Assistant Secretary of Defense (Installations and Logistics), proposed amendments shall be submitted to the Armed Services Procurement Regulation Committee. Proposals for amendments originating within the Military Departments shall be submitted to the Chairman of the Armed Services Procurement Regulation Committee by the Departmental members of the Committee. However, where unusual circumstances warrant, the Secretaries may submit proposals for amendments to the Assistant Secretary of Defense (Installations and Logistics). [26 F.R. 5296, June 14, 1961, as amended at 27 F.R. 11643, Nov. 27, 19621

§ 1.106 Other Department of Defense publications.

[25 F.R. 14079, Dec. 31, 1960]

§ 1.106-1 Department of Defense directives, instructions, manuals, and circulars.

Policies, procedures, and information concerned primarily with procurement may be published in Department of Defense directives, instructions, manuals, and circulars under any of the following circumstances:

(a) When the subject matter is not suitable for inclusion in this subchapter;

(b) As an interim measure, pending subsequent incorporation in this subchapter; or

(c) When the policy or procedure is expected to be effective for a period of less than six months.

[29 F.R. 6911, May 27, 1964, as amended at 30 F.R. 6965, May 25, 1965]

[blocks in formation]

(a) In accordance with the authority in § 1.106-1, a Defense Procurement Circular, supplementary to this subchapter, shall be published as often as may be necessary or advisable for distribution to all recipients of this subchapter. Material to be published in each Defense Procurement Circular shall first be approved by the Armed Services Procurement Regulation Committee.

(b) The purposes of the Defense Procurement Circular are:

(1) To promulgate as rapidly as possible selected material revising this subchapter, in advance of the revision of this subchapter;

(2) To disseminate material applicable to procurement which is not suitable for insertion in this subchapter, but which may have the effect of a directive to, or be of importance and interest to its recipients; and

(3) To supplement this subchapter, as may be necessary in order to reduce the size and frequency of issue of subsidiary Departmental procurement instructions.

(c) Each Defense Procurement Circular shall be canceled six months from its effective date unless sooner superseded by coverage of the subject in a revision to this subchapter; or unless otherwise specifically stated therein.

(d) Statements in Defense Procurement Circulars to the effect that the material published therein is "effective upon receipt" or upon a specified date, or that changes set forth in the Circular are "to be used upon receipt", mean that any new or revised clauses or forms in

cluded in the Circular shall be included in invitations for bids and requests for proposals issued thereafter, unless a different meaning is expressed in the Circular. However, unless otherwise provided in the Circular, the new or revised clauses or forms need not be included in solicitations already in process of preparation where their inclusion would cause an undue delay in the solicitation.

[29 F.R. 6911, May 27, 1964, as amended at 30 F.R. 5959, Apr. 29, 1965]

§ 1.106-3 Armed Services procurement manuals.

In accordance with the authority in § 1.106-1, Armed Services procurement manuals shall be published when determined necessary or advisable. They shall contain material useful for training and instruction, but they shall not contain material which is directive in nature. Material to be published as Armed Services procurement manuals shall first be approved by the Armed Services Procurement Regulation Committee. Such publications and revisions thereto will be announced in Defense procurement circulars.

[30 F.R. 6965, May 25, 1965]

§ 1.107 Dissemination and effective date of the subchapter, revisions, supplements, and manuals.

(a) This subchapter and revisions thereof, will be distributed by the Departments to all interested activities and individuals within the Department of Defense. Supplements and manuals shall be ordered and distributed separately as requirements indicate. The Military Departments shall obtain from the Government Printing Office the number of copies of this subchapter, revisions thereof, supplements, and manuals, required to make this distribution. Private firms, individuals, and others outside the Department of Defense may obtain copies of these publications by purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(b) Revisions of the Armed Services Procurement Regulation shall be effective at all applicable echelons 90 days after date of issuance, unless otherwise prescribed in any such revision. Supplements and manuals shall be effective when issued, unless otherwise provided therein. Contract clauses and forms prescribed in such revisions shall be used

« PreviousContinue »