Army (Installations and Logistics) by direction of the Secretary of the Army, Its purpose is to implement and supplement Subchapter A, Chapter I of this title and other Department of Defense publications, pursuant to § 1.108 of this title, to establish for the Department of the Army uniform policies and procedures relating to the procurement of supplies and services. It is emphasized that ASPR (Armed Services Procurement Regulation, Subchapter A, Chapter I of this title) is the primary Department of Defense regulation containing procurement policies and procedures, and is the first regulatory source to which procurement personnel should make reference.

§ 591.102 Applicability.

This subchapter shall apply to all purchases and contracts made by the Department of the Army for the procurement of supplies or services which obligate appropriated funds (including available contract authorizations), unless otherwise specified herein. ASPR and APP are applicable to procurement in oversea areas, including that for Government and Relief in Occupied Areas (GARIOA) chargeable to annual appropriations for such purposes, and to that for procurement effected by military attachés and foreign missions. ASPR and such additional instructions as may be issued by the Chief of Engineers pursuant to authority granted by the Secretary of the Army are applicable to procurement of supplies and services for civil works by the Corps of Engineers; APP is not applicable to civil works procurement, except to the extent prescribed by the Chief of Engineers.

§ 591.103 Arrangement of procedure.

The arrangement and numbering of APP are patterned after ASPR (see § 1.103 of this title). In general, corresponding numbered divisions (paragraphs, parts, or sections) of the ASPR and APP relate to identical subjects. Part 610 contains Department of the Army policies and procedures not specifically covered in ASPR. Omission from APP of a numbered division which appears in ASPR denotes that there is no implementation in APP. § 591.105

APP.

Amendment of ASPR and

(a) APP may be amended on an urgent or temporary basis by DA Circu

lar of the 715-series (Procurement Information) and on a permanent basis by "Changes" comprised of revised pages and filing instructions.

(b) The practice of publishing clarifications and improvements to procurement practices and procedures as amendments to ASPR and APP, rather than as procurement operating instructions at each lower echelon, is encouraged. Proposed amendments should

(1) Be submitted in a form consistent with the organization of ASPR or APP; (2) Set forth the language, form, or other change proposed;

(3) And be supported by an explanation of the problems to be resolved;

(4) Be forwarded to the addressee in § 591.150 (b) (6).

§ 591.106-50 Other Department of the Army procurement publications. Additional instructions and information on procurement matters are contained in Army regulations and Department of the Army circulars, primarily the 715- and 718-series (Procurement).

§ 591.107-50 Dissemination of printed procurement publications.

ASPR and Revisions thereof, APP and Changes thereto, and other printed procurement publications of the Department of the Army are distributed by publications centers of The Adjutant General in accordance with requirements submitted on DA Form 12 (Report of Publications Requirements) (AR 310-1). Each Head of Procuring Activity shall insure that copies of these publications are distributed to all interested activities subject to his procurement cognizance. Neither ASPR nor APP is available for distribution by the Army to private firms or individuals. These publications are sold to the public by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402.

§ 591.108 Departmental procurement instructions and ASPR implementations.

Six copies of each instruction and each change thereto, issued pursuant to § 1.108(a) of this title shall be forwarded at the time of issue to the addressee listed in § 591.150(b) (7) by the cognizant Head of Procuring Activity for processing in accordance with § 1.108 (c) and (d) of this title.

§ 591.109 Deviations from ASPR, APP, and Department of Defense and Department of the Army publications governing procurement.

Request for approval of any deviation shall be forwarded to the addressee in § 591.150 (b) (7), except where the approval authority is at a level below OASA (I&L), as in § 591.109-2 (b) and (c). Each submittal shall contain a full description of the deviation, including a description of the circumstances in which the deviation will be used and, when feasible, the clause, form, or procedure to be used. The request for deviation shall be supported by a complete justification.

(a) A deviation from ASPR, from a Department of Defense Directive, or from Part 599 of this subchapter, which affects only one contract or transaction will be made only after prior approval by the Director of Procurement, OASA (I&L), except as indicated in paragraph (b) of this section.

(b) The following individuals have been authorized, without power of redelegation, to approve deviations from ASPR which affect only one contract or procurement action:

(1) The Commanding General, U.S. Army Materiel Command.

(2) The Director of Procurement and Production, U.S. Army Materiel Command.

The authority granted has not been extended to Part 9 of this chapter or to other provisions of ASPR as to which the Department of Defense has suspended Departmental deviation authority (e.g., Subpart G, Part 1 and Part 15 of this title) or as to which action or deviation authority is limited to a level higher than Headquarters, U.S. Army Materiel Command. Unless exigency of the situation requires immediate action, written notice of each deviation shall be given to the addressees in § 1.109-2 of this title and § 591.150 (b) (7) in advance of the effective date of such deviation.

(c) A Head of Procuring Activity, his deputy, or a principal assistant responsible for procurement, is hereby authorized, without power of redelegation, to approve deviations from this subchapter (except Part 599) which affect only one contract or transaction, providing that