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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).
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.
Establishment of ACDA procurement regulations.
This subpart establishes the U.S. Arms Control and Disarmament Agency Procurement Regulations (ACDAPR), 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.
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.
§ 23-1.104 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.
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.
§ 23-1.108 § 23-1.109
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 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.
§ 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 Office, Washington, D.C. 20402.
§ 23-1.107 Arrangement.
§ 23-1.107-1 General plan.
The U.S. Arms Control and Disarmament Agency Procurement Regulations (ACDAPR) employ the same numbering system and nomenclature as the Federal Procurement Regulations and conform with FEDERAL REGISTER standards approved for the FPR.
§ 23–1.107–2 Numbering.
(a) This Chapter 23 has been allocated to the U.S. Arms Control and Disarmament Agency for implementing, supplementing and deviating from the Federal Procurement Regulations appearing 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 supplementing 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 published in the FPR governs.
ACDA procurement regulations will be cited in accordance with FEDERAL REGISTER 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 official documents, such as legal briefs, it should be cited as "41 CFR 231.107-3". Any section of the ACDA Procurement Regulations may be informally identified, for purposes of brevity, as ACDAPR followed by the section number, e.g., "ACDAPR 23-1.107-3".
(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. § 23-1.205 Procuring activity.
The organizational element of ACDA which has responsibility to contract for
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 activity.
The "head of the procuring activity" within ACDA is the Executive Director. § 23-1.250 ACDA.
"ACDA" means the U.S. Arms Control and Disarmament Agency.
§ 23-1.251 Agency.
"Agency" means the U.S. Arms Control and Disarmament Agency.
"Director" means the head of the Agency.
Subpart 23-1.3-General Policies § 23-1.302 Procurement sources. § 23-1.302-3 Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employees.
Any exception, as 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 proposals.
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.
Fraud against the Government 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 procurement by formal advertising or by negotiation, or during the performance of any contract, they will prepare and forward a 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.
§ 23-1.404–3 Termination of designa
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' representatives.
(a) Any properly qualified Government employee or group of employees, or a 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.
23-3.204-50 23-3.204-51 23-3.206
Subpart 23-3.2-Circumstances Permitting Negotiation
Factors to be considered during the negotiation of contracts. Dissemination of procurement information.
Disclosure of mistakes.
Contractor Selection Board. Establishment of the Board. Evaluation of proposals. Notification to unsuccessful offerors.
Recommendation to the Direc
23-3.202 23-3.202-50 Application. 23-3.204
Restriction on disclosure of Contractor Evaluation Board Reports.
Purchases outside the United
Subpart 23-3.4-Types of Contracts 23-3.405 Cost-reimbursement type con
Personal or professional services. Application.
Subpart 23-3.50-Solicitation of Proposals and
Late proposals and modifications. Treatment of procurement information.
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 23-8 appear at 33 F.R. 19228, Dec. 24, 1968, unless otherwise noted.
Subpart 23-3.1-Use of
Scope of subpart.
This subpart deals with the nature and use of negotiation as distinguished from