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CHAPTER 23—UNITED STATES ARMS CONTROL

AND DISARMAMENT AGENCY

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PART 23-1-GENERAL

Sec.
Sec.

23-1.317 Noncollusive bids and proposals. 23-1.000

23-1.350 Execution of contracts. Scope of part.

23-1.352 Fraud against the Government Subpart 23-1.1- Introduction

and other violations of law. 23-1.100 Scope of subpart.

Subpart 23–1.4-Procurement Authority and
23-1.101
Establishment of ACDA pro-

Responsibility
curement regulations.
23–1.102

23-1.402 Authority of contracting officers. Relationship of ACDAPR Chap

23–1.404–2 Designation.
ter 23 to the FPR.
23-1.103

23–1.404-3 Termination of designation.
Authority.
23–1.104

23-1.450 Contracting officers' representaApplicability.

tives. 23-1.105 Exclusions.

con23-1.106

23-1.451 Assignment of duties to Issuance.

officers in other

tracting
23–1.106–1 Code arrangement.
23–1.106–2 Publication,

agencies.
23–1.106–3 Copies.

23-1.452 Availability of funds.
23–1.107
Arrangement.

AUTHORITY: The provisions of this part 23–1.107-1 General Plan.

23–1 issued under the authority of sec. 23–1.107–2 Numbering.

205(c), 63 Stat. 390; 40 U.S.C. 486(c); secs. 23–1.107–3 Citation.

31 and 41, 75 Stat. 631, 22 U.S.C. 2571 and [Reserved]

2581.
23-1.109
Deviation.

SOURCE: The provisions of this Part 23-1
Subpart 23-1.2-Definition of Terms

appear at 33 F.R. 19226, Dec. 24, 1968, unless

otherwise noted.
Definitions.
23–1.204
Head of the Agency.

§ 23–1.000 Scope of part.
Procuring activity.

This part describes the method by Head of the procuring activity.

which the U.S. Arms Control and DisACDA. Agency.

armament Agency implements and supDirector.

plements the Federal Procurement Reg

ulations, and contains procedures which Subpart 23-1.3-General Policies

implement and supplement Part 1-1 of Procurement sources.

the Federal Procurement Regulations. 23–1.302–3 Contracts between the Government and Government em

Subpart 23-1.1-Introduction ployees or business concerns $ 23-1.100 Scope of subpart. substantially owned or

controlled by Government em

This subpart establishes Chapter 23 of ployees.

the Federal Procurement Regulations

23-1.108

23–1.201

23–1.205 23–1.206 23–1.250 23-1.251 23–1.252

23–1.302

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System, and states its relationship to the Federal Procurement Regulations (FPR), and to other instructions governing contracting and procurement operations of the U.S. Arms Control and Disarmament Agency (ACDA). $ 23-1.101 Establishment of ACDA pro

curement regulations. This subpart establishes the U.S. Arms Control and Disarmament Agency Procurement Regulations (ACDAPR), as prescribed by the Director of the Agency for the procurement of personal property and services (including construction) and the procurement of real property by lease. Section 31 of the Arms Control and Disarmament Act (22 U.S.C. 2571) authorizes and directs the Director of the Agency to exercise his powers in such a manner as to insure the acquisition of a fund of theoretical and practical knowledge concerning disarmament. To this end the Director is authorized and directed, under the direction of the President, to insure the conduct of research, development, and other studies in the field of arms control and disarmament, and to make arrangements (including contracts, agreements, and grants) for the conduct of research, development, and other studies in the field of arms control and disarmament by U.S. private or public institutions or persons. Limitations on the scope of the Director's authority are specified in section 31 of the Act. § 23-1.102 Relationship of ACDAPR

Chapter 23 to the FPR. (a) Chapter 23 implements and supplements the FPR. Material published in the FPR, which has Government-wide applicability, becomes effective within ACDA upon the mandatory effective date of the particular FPR material.

(b) Implementing material is that which expands upon related FPR material. It will treat a similarly numbered portion of the FPR in greater detail or indicate the manner of compliance or deviation.

(c) Supplemental material is that for which there is no counterpart in the FPR.

(d) The absence of a corresponding part, subpart, and section in Chapter 23 indicates that the FPR is applicable as written.

$ 23-1.103 Authority.

The U.S. Arms Control and Disarmament Agency Procurement Regulations are prescribed by the Director of the Agency pursuant to the Arms Control and Disarmament Act, and the Federal Property and Administrative Services Act of 1949, as amended. $ 23-1.104 Applicability. .

Chapter 23 applies to all contracts for the procurement of personal property and services (including construction) and the procurement of real property by lease, with U.S. private or public institutions and persons. Unless otherwise specifically stated, Chapter 23 does not apply to grants. 8 23-1.105 Exclusions.

Certain ACDA policies and procedures within the scope of Chapter 23 may nevertheless be excluded when authorized by the Director. These exclusions include the following categories:

(a) Subject matter which bears a security classification.

(b) Policies or procedures which are expected to be effective for a period of less than 6 months.

(c) Policies or procedures which are being instituted on an experimental basis for a reasonable period.

(d) Where speed of issuance is essential, and numerous changes in this Chapter 23 cannot be made promptly. These will be codified in Chapter 23 at the earliest practicable date, and in any event not later than 6 months from date of issuance. § 23-1.106 Issuance. § 23–1.106-1 Code arrangement.

Chapter 23 material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 23 of Title 41 of the Code of Federal Regulations. § 23–1.106–2 Publication.

All Chapter 23 material considered necessary or desirable for an understanding of basic and significant ACDA procurement policies and procedures by business organizations and other organizations or indiviudals interested in furnishing property or services to ACDA will be published in the FEDERAL REGISTER. Detailed instructions of interest primarily for internal agency guidance shall not be published.

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$ 23–1.106–3 Copies.

The FEDERAL REGISTER and Title 41 of
the Code of Federal Regulations may be
purchased from the Superintendent of
Documents, Government Printing Of-
fice, Washington, D.C. 20402.
$23-1.107 Arrangement.
823–1.107–1 General plan.

The U.S. Arms Control and Disarma-
ment Agency Procurement Regulations
(ACDAPR) employ the same numbering
system and nomenclature as the Federal
Procurement Regulations and conform
with FEDERAL REGISTER standards ap-
proved for the FPR.
$23-1.107–2 Numbering.

(a) This Chapter 23 has been allo-
cated to the U.S. Arms Control and Dis-
armament Agency for implementing,
supplementing and deviating from the
Federal Procurement Regulations ap-
pearing as Chapter 1 of this Title 41 of
the Code of Federal Regulations.

(b) Where Chapter 23 implements, or deviates from, a part, subpart, section, or subsection of the FPR, the implementing or deviating part, subpart, section, or subsection of Chapter 23 will be numbered and captioned to correspond to the pertinent part, subpart, section, or subsection of the FPR.

(c) Where Chapter 23 supplements
the FPR, numbers in the group 50 to 99
will be assigned to the respective sup-
plementing part, subpart, or section.

(d) Where the Agency determines
that the subject matter contained in a
part, subpart, section, or subsection of
the FPR requires no implementation, the
ACDAPR will contain no corresponding
part, subpart, section, or subsection
number and the subject matter as pub-
lished in the FPR governs.
$ 23–1.107–3 Citation.

ACDA procurement regulations will be
cited in accordance with FEDERAL REGIS-
TER standards approved for the FPR.
Thus, the section, when referred to in
divisions of the ACDAPR, should be
cited as "& 23-1.107-3 of this chapter.”
When this section is referred to formally
in oficial documents, such as legal briefs,
it should be cited as "41 CFR 23–
1.107–3”. Any section of the ACDA Pro-
curement Regulations may be informal-
ly identified, for purposes of brevity, as
ACDAPR followed by the section num-
ber, e.g., "ACDAPR 23–1.107–3”.

8 23–1.108 [Reserved]
§ 23–1.109 Deviation.

Deviation from the Federal Procurement Regulations and the ACDA Procurement Regulations shall be kept to a minimum and controlled as follows:

(a) Deviations in individual cases must be approved in advance by the Executive Director. This authority may not be redelegated. Deviations in classes of cases must be approved in advance upon request by the Executive Director. Requests for deviation (or in the case of a deviation affecting an individual contract signed in behalf of the Agency by the Executive Director, the memorandum for the record) shall cite the specific parts and sections or subsections of the FPR and ACDAPR from which it is desired to deviate, shall set forth the nature of the deviation, and shall give the reasons for the requested action.

(b) If a requested deviation is considered appropriate, approval will be accomplished as follows:

(1) Where the deviation affects an individual contract, written approval will be included in the contract file.

(2) Where the deviation applies to a class of cases under the FPR, necessary coordination with the General Services Administration will be accomplished on an expedited basis by the Executive Director, unless in the considered judgment of the Executive Director, circumstances preclude such joint effort, in which case he will notify the General Services Administration of the deviation.

(3) Deviations affecting a class of cases under ACDAPR will be presented to the Director for his approval.

(4) Such class deviations will become effective within the Agency upon approval by the Director and will be issued as part of the ACDAPR. Subpart 23-1.2-Definition of Terms $ 23–1.201 Definitions.

For the purposes of this chapter, the following terms have the meanings set forth in this subpart, unless otherwise indicated. § 23–1.204 Head of the Agency,

The “head of the agency” means the Director or Acting Director of the U.S. Arms Control and Disarmament Agency. 8 23–1.205 Procuring activity.

The organizational element of ACDA which has responsibility to contract for

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the procurement of personal property and services (including construction) and the acquisition of real property by lease is the Office of the Executive Director. $ 23–1.206 Head of the procuring activ

ity. The “head of the procuring activity” within ACDA is the Executive Director. 8 23–1.250 ACDA.

"ACDA” means the U.S. Arms Control and Disarmament Agency. 8 23–1.251

Agency. “Agency” means the U.S. Arms Control and Disarmament Agency. 8 23–1.252 Director.

"Director” means the head of the Agency.

Subpart 23-1.3-General Policies 8 23–1.302 Procurement sources. $ 23–1.302–3 Contracts between the

Government and Government employees or business concerns substantially owned or controlled by Govern

ment employees. Any exception, described in § 1-1.302–3 of this title, must be supported by written findings and a determination signed by the Director. $ 23–1.317 Noncollusive bids and pro

posals. The Executive Director is designated to make the determinations described in paragraph (d) of the Certificate of Independent Price Determination prescribed in § 1-1.317 of this title, § 23–1.350 Execution of contracts.

Contracts, purchase orders, delivery orders, Government bills of lading, and other types of purchasing documents will be executed only by the Executive Director, the Chief of the Contracts Branch, or Contract Specialists acting within the scope of their delegated authority (See Part 23-51). They may also be executed by other officials holding valid written delegations or redelegations of procurement authority issued by the Director or other officer of the Agency designated by the Director in writing to make such delegations or redelegations. The approval of legal counsel as to form and legality will be required for contracts, and for other contractual instruments where specific legal questions arise.

as

$ 23–1.352 Fraud against the Govern

ment and other violations of law. (a) In the event procurement personnel have reason to believe there exists evidence of fraud against the Government or any other violation of law of any nature whatsoever in the pro irement by formal advertising or by negotiation, or during the performance of any contract, they will prepare and forward à complete report through the Executive Director to the Office of the General Counsel for appropriate action.

(b) In case of possible violation of the antitrust laws, the report will be prepared in accordance with Subpart 1–1.9 of this title.

Subpart 23–1.4-Procurement

Authority and Responsibility § 23–1.402 Authority of contracting

officers. (a) An employee binds the Government only when his actions are in accordance with authority actually granted to him. Contracting officers are agents of the Government and shall act in accordance with law, regulations including FPR. and ACDAPR, other pertinent directives, and sound judgment, and within the limits of their prescribed duties and authorities.

(b) Contracting officers shall personally sign all contracts and modifications: entered into by them (see $ 23-1.104). Duplicate original signatures, including facsimile signatures reproduced from a master signed manually by the contracting officer, are valid and acceptable. $ 23-1.404–2 Designation.

Delegations and redelegations of authority are generally directive on specific positions, rather than specific individuals. When a specific position carries: delegated or redelegated contracting authority, an individual appointed to such a position is, therefore, a contracting officer. Such appointments are normally made by means of administrative personnel actions. When an individual is designated as a contracting officer by an instrument other than a personnel action, a copy of the designating instrument shall be forwarded to the appropriate personnel office for inclusion in the file of the individual affected.

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PART 23-3-PROCUREMENT BY

NEGOTIATION

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Subpart 23–3.1—Use of Negotiation Sec. 23-3.100 Scope of subpart. 23-3.101 General requirements for nego

tiation. 23-3.102 Factors to be considered during

the negotiation of contracts. 23-3.103 Dissemination of procurement

information. 23–3.104 Disclosure of mistakes. 23–3.150 Contractor Selection Board. 23-3.150-1 Establishment of the Board. 23-3.150-2 Evaluation of proposals. 23-3.150-3 Notification to unsuccessful

offerors. 23–3.150-4 Recommendation to the Direc

tor. 23-3.150-5 Restriction on disclosure of

Contractor Evaluation Board

Reports.
Subpart 23–3.2—Circumstances Permitting

Negotiation 23–3.202 Public exigency. 23–3.202–50 Application. 23–3.204 Personal or professional serv

ices. 23–3.204-50 Application. 23–3.204–51 Limitations. 23–3.206 Purchases outside the United

States.

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8 23–1.404—3 Termination of designa

tion. Designations shall be rescinded in the same manner upon termination of the assignment (but special assignments may be self-rescinding, as, for example, an assignment made in terms of the life of a specific contract, in which case a separate recission instrument would not be required). $ 23–1.450 Contracting officers' repre

sentatives. (a) Any properly qualified Government employee or group of employees, or å firm or individual under contract to the Government for this purpose, may be designated to act as the authorized representative of a contracting officer. Such designation shall be in writing and shall define the scope and limitations of the authorized representative's authority.

(b) A designation authorized by this $ 23–1.450 may be made by instructions referring to particular contractual instruments or categories of instruments and may empower the authorized represenative to take specified actions thereunder within the scope of the contract. In no event shall an authorized representative, by virtue only of his designation as such, be empowered to modify the terms of the contract or make a final decision under the Disputes clause of a contract. $ 23–1.451 Assignment of duties to con

tracting officers in other agencies. A contracting officer may assign administration of a specific contractual instrument to another contracting officer, provided the assignee contracting officer's delegated authority permits, and the contractor shall be so notified. Such an assignment shall define the extent to which part or all of the original contracting officer's authority is transferred but shall not pass on to the successor any authorities which would exceed the limitations imposed on the successor by existing directives. § 23–1.452 Availability of funds.

No contractual obligation may be incurred until the contracting officer has satisfied himself that adequate funds are

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Subpart 23–3.4—Types of Contracts 23-3.405 Cost-reimbursement type con

tracts. 23-3.405-5 Cost-plus-a-fixed-fee contract. 23–3.405–50 Cost-plus-award-fee contract. Subpart 23-3.50—Solicitation of Proposals and

Quotations 23–3.5001 Late proposals and modifica

tions. 23-3.5002 Treatment of procurement in

formation. 23-3.5002-1 Restrictions on disclosure and

use of data in proposals and

quotations. AUTHORITY: The provisions of this part 23-3 issued under the authority of sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (C); sec. 302, 63 Stat. 393, 41 U.S.C. 252; sec. 304, 63 Stat. 395, 41 U.S.C. 254; sec. 307, 63 Stat. 396, 41 U.S.C. 257; sec. 1, 81 Stat. 54, 5 U.S.C. 552; sec. 41, 75 Stat. 631; 22 U.S.C. 2581.

SOURCE: The provisions of this Part 23-3 appear at 33 F.R. 19228, Dec. 24, 1968, unless otherwise noted. Subpart 23–3.1-Use of

Negotiation $ 23–3.100 Scope of subpart.

This subpart deals with the nature and use of negotiation as distinguished from

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