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CHAPTER 13—DEPARTMENT OF COMMERCE

(Parts 1300 to 1399)

SUBCHAPTER A-GENERAL

Part 1301 1302 1303

Page 689 692

.......

General ...
Definitions of words and terms
Improper business practices and personal conflicts

of interest ............
Administrative matters

693 694

1304

1305 1306 1307 1308 1309

SUBCHAPTER B-COMPETITION AND ACQUISITION PLANNING

Publicizing contract actions
Competition requirements
Acquisition planning
Required sources of supplies and services
Contractor qualifications

695 695 696 696 697

SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT TYPES

1313

1314 1315 1316 1317

Small purchase and other simplified purchase pro

cedures
Sealed bidding ..
Contracting by negotiation
Types of contracts ........
Special contracting methods

700 700 700 702 703

SUBCHAPTER D-SOCIOECONOMIC PROGRAMS

1319

705

1322

1324 1325

Small business and small disadvantaged business

concerns
Application of labor laws to government acquisi-

tions
Protection of privacy and freedom of information

Foreign acquisition
SUBCHAPTER E-GENERAL CONTRACTING REQUIREMENTS

Contract cost principles and procedures
Contract financing

706 706 707

1331 1332

708 708 Part 1333

Page 708

Protests, disputes and appeals
SUBCHAPTER F-SPECIAL CATEGORIES OF CONTRACTING

1334 1336 1337

Major system acquisition
Construction and architect-engineer contracts
Service contracting

712 712 713

1342 1345 1349

SUBCHAPTER G_CONTRACT MANAGEMENT
Contract administration
Government property
Termination of contracts

714 714 714

SUBCHAPTER H-CLAUSES AND FORMS

1352 1353

Solicitation provisions and contract clauses
Forms ...

716 728

[blocks in formation]

1301.102 Authority.

The CAR is prescribed by the Department Procurement Executive pursuant to a delegation initiating from the Secretary of Commerce in accordance with the Federal Property and Administrative Services Act of 1949, as amended, and other applicable law and regulation.

1801.103 Applicability.

The FAR and CAR apply to all acquisitions within the Department of Commerce.

Subpart 1301.6-Contracting Authority and

Responsibilities 1301.601 General. 1301.601-70 Responsibilities of Heads of Con

tracting Activities. 1301.601-71 Responsibilities of the Procure

ment Executive. 1301.603 Selection, appointment, and termi

nation of appointment. 1301.603-70 Ratification of unauthorized

contract awards. 1301.603–71 Responsibility of other Govern

ment personnel. AUTHORITY: Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486 (c)), as delegated by the Secretary of Commerce in Department Organization Order 10-5 and Department Administrative Order 208–2.

SOURCE: 49 FR 12956, Mar. 30, 1984, unless otherwise noted.

1301.104 Lssuance.

1301.104-1 Publication and code ar

rangement. (a) The CAR is published in (1) daily issues of the FEDERAL REGISTER, (2) cumulative form in the Code of Federal Regulations (CFR), and (3) a separate loose-leaf edition.

(b) The CAR is issued as Chapter 13 of Title 48 of the CFR.

1301.104–2 Arrangement of regula- Executive will be responsible for cotions.

ordinating and advocating Department (a) General. The CAR is divided into

proposed revisions to the FAR. the same parts, subparts, sections, sub

(51 FR 15329, Apr. 23, 1986) sections and paragraphs as the FAR. When FAR coverage is adequate by itself, there will be no corresponding

Subpart 1301.3-Agency CAR coverage.

Acquisition Regulations (b) Numbering. Where the CAR implements the FAR, the CAR part, subpart,

1301.301 Policy. section or further subdivision will be (a) The Procurement Executive will numbered the same as the correspond issue Department acquisition policy ing FAR part, subpart, section, or fur- and procedure in the CAR when necther subdivision except that the CAR essary to implement or supplement the implementation will be preceded by a FAR. 13 or 130 so that there are four numbers (b) The Procurement Executive or to the left of the first decimal. Where

designee may issue internal Departthe CAR supplements the FAR,

ment guidance in the form of Acquisisupplementing material will be as

tion Letters, policy manuals, or model signed the number 70 and above. The

operating procedures. Documents isplacement of the sequence of 70 num

sued under this authority are not pubbers in relation to the decimal point

lished in the FEDERAL REGISTER. will depend on what division of the FAR is supplemented.

(1) Acquisition Letters are serially (c) References and citations. (2) This

numbered letters which provide immeregulation may be referred to as the

diate short term policy guidance on seCommerce Acquisition Regulation

lected acquisition topics to Depart(CAR).

ment contracting offices. They nor(3) References to FAR materials will

mally expire within one year from the include FAR and the identifying num

date of issuance. ber, for example, FAR 1.402. Reference

(2) The Commerce Acquisition Manto CAR materials will consist of the ual is a manual which provides long identifying number,

for

example term policy guidance on selected acqui1301.402.

sition topics to Department contract

ing offices. The guidance contained in 1301.104–3 Copies.

the manual normally remains in effect (a) Copies of the CAR in FEDERAL until cancelled or revised. The numberREGISTER or CFR form may be pur

ing system parallels the FAR to the chased from the Superintendent of greatest extent practical. Documents, Government Printing Of- (c) Heads of Contracting Activities fice (GPO), Washington, D.C. 20402. Re- may issue internal operating procequests should reference the CAR as dures for their contracting activities. Chapter 13 of Title 48 of the Code of These internal operating procedures Federal Regulations.

may include routine office procedures, (b) Loose-leaf copies of the CAR are procedures which implement policy distributed within the Department by prescribed by the Procurement Executhe Procurement Executive.

tive, and the dissemination of guidance (49 FR 12956, Mar. 30, 1984, as amended at 51

or information to program officials FR 15329, Apr. 23, 1986)

who may be affected by the policy.

Heads of Contracting Activities shall Subpart 1301.2-Administration not prescribe policy and shall not issue

any procedures which appear to be in 1801.201-1 The two FAR councils. conflict with policy issued by the Pro(b) The Department representatives

curement Executive. to the Civilian Agency Acquisition (49 FR 12956, Mar. 30, 1984, as amended at 50 Council will be appointed by the Pro- FR 19363, May 8, 1985; 51 FR 1377, Jan. 13, curement Executive. The Procurement 1986; 51 FR 15329, Apr. 23, 1986)

1301.303 Codification and public par

ticipation. (a) The CAR is published as Chapter 13 of Title 48 of the Code of Federal Regulations.

(b) Public participation procedure is described in 1301.5.

having a substantive impact on the public. Each future issuance will be considered on a case-by-case basis. If a future issuance is determined by the Procurement Executive to be a significant revision of the FAR, that issuance shall be published for public participation. Any issuance under this title shall be done by or with the concurrence of the Procurement Executive. (49 FR 12956, Mar. 30, 1984, as amended at 51 FR 15329, Apr. 23, 1986)

Subpart 1301.4-Deviations

1301.402 Policy.

Requests for authority to deviate from the provisions of the FAR or the CAR shall be submitted to the Procurement Executive as soon as the need to deviate is known. Requests shall be in writing and reasonably describe the deviation desired, the reason for the deviation, and the time by which a decision is needed. When timing is crucial, the written request should be preceded by a telephone request to the Procurement Executive. Requests for both individual deviations and class deviations shall be considered and decided upon by the Procurement Executive. When requests are received for class deviations from FAR provisions, the Procurement Executive shall consult with the chairperson of the Civilian Agency Acquisition Council. (see FAR 1.404). Individuals responsible for unauthorized deviations may be considered for disciplinary action as described in the Department Administrative Order on Discipline (DAO 202–751). (49 FR 12956, Mar. 30, 1984, as amended at 51 FR 15329, Apr. 23, 1986)

Subpart 1301.6-Contracting

Authority and Responsibilities 1301.601 General.

Contracting authority vests with the Secretary of Commerce. The Secretary has delegated this authority to the Assistant Secretary for Administration who has delegated this authority, with the right to redelegate, to the Procurement Executive, as prescribed in the Department Administrative Order on Procurement Authority (DAO 208–2). 1301.601-70 Responsibilities of Heads

of Contracting Activities. Heads of Contracting Activities shall be responsible for directing and maintaining efficient contract operations within their contracting activities. Adequate controls shall be established to assure compliance with applicable laws, regulations, and policy guidance from the Procurement Executive. Heads of Contracting Activities shall provide the necessary coordination and cooperation required for periodic oversight reviews conducted by the Procurement Executive. [49 FR 12956, Mar. 30, 1984, as amended at 51 FR 15329, Apr. 23, 1986) 1301.601-71 Responsibilities of the

Procurement Executive. The Procurement Executive shall establish Department-wide policy for contracting activities. Also, the Procurement Executive shall conduct periodic oversight reviews of Department contracting activities pursuant to the Department Administrative Order on Contracting (Procurement) Review and Approval Requirements (DAO 208-5), to assure that Department contracting activities are operating efficiently and

Subpart 1301.5-Agency and

Public Participation 1301.501 Solicitation of agency and

public views. The initial CAR was published with a notice of proposed rulemaking inviting public comments, review and analysis of comments received, and publication of a final rule. The final rule included a discussion of the public comments received and described any changes made as a result of the comments. A future issuance under this title may or may not require publication for public participation, depending on whether the issuance is a significant revision of the FAR which alters the substantive meaning of any coverage in the FAR

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