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Title 32—Chapter 1

Part 1

i

Sec.

Sec.

1906–3 Sources of information.

1.1108 Waiver of qualification require-

1.905-4 Pre-award surveys.

ments.

1.906 Subcontractor responsibility.

1.1109 Inadequate competition.

1.907 Disclosure of pre-award data.

1.1110 Reporting nonconformance with

specification requirements.

Subpart 4Publicizing Procurement Actions

1.1111 Misuse of qualified products list

1.1001 General policy.

information.

1.1002 Dissemination of information re-

lating to invitations for bids and

Subpart 1-Specifications, Plans, and Drawings

requests for proposals.

1.1201 General

1.1002–1 Availability of invitations for bids 1.1202 Mandatory specifications.

and requests for proposals at the 1.1203 Availability of specifications,

contracting office.

standards, plans, and drawings.

1.1002–2 Limited availability of certain 1.1203-1 General.

specifications, plans, and draw 1.1203–2 Specifications and standards listed

Ings.

in the Department of Defense

1.1002–4 Displaying in public place.

Index of Specifications and

1.1002-5 Information releases to newspapers

Standards (DODISS).

and trade journals.

1.1203–3 Specifications and standards not

1.1002–6 Pald advertisements in newspapers

listed in DODISS, and plans,

and trade journals.

drawings, and other pertinent

1.1003 Synopses of proposed procure-

documents.

ments.

1.1204 Packaging requirements.

1.1003-1 General.

1.1205 Offshore procurement.

1.1003–2 Time of publicizing.

1.1206 Purchase descriptions.

1.1003-3 Preinvitation notices.

1.1206-1 General,

1.100344 Advance notice for research and 1.1206-2 Brand name or equal purchase de-

development.

scription.

1.1003–5 Publication of procurements of 1.1206-3 Invitation for bids "Brand Name

less than $10,000.

or Equal" Purchase Descriptions.

1.1003–6 Synopses of subcontract oppor 1.1206 4 Bid evaluation and award-"brand
tunities.

name or equal" purchase descrip-

1.1003–7 Avallability of specifications,

tions.

plans, and drawings.

1.1206-5 Procedure for negotiated procure-

1.1008-8 Responsibility of small business

ments.

specialists.

1.1207 Alternate articles or qualities.

1.1003–9 Preparation and transmittal.

1.1208 Procurement of used and recon-

1.1004 Disclosure of Information prior to

ditioned material and former

award.

Government surplus property.

1.1005 Publicizing award information.

1.1005–1 Synopsis of contract awards.

Subpart M-Transportation

1.1005–2 Other publication of award Infor 1.1901 General.

mation.

1.1302 Place of delivery.

1.1006 Release of procurement informa 1.1302-1 Shipments within the United

tion.

States.

1.1006-1 Members of Congress.

1.1802-2 Shipments from the United States

1.1006–2 General public.

for Oversea Delivery.

1.1007 Public release of long-range pro-

1.1302–3 Shipments originating outside

curement estimates.

the United States.

- 1.1007—2 Application.

1.1303 Quantity analysis.

1.1304

1.1007–3 Condition.

Commodity description.

1.1805

1.1007 4 Commerce Business Daily

Delivery terms.

1.1305-1 General.

nouncements.

1.1305-2 F.o.b. origin or destination,

Subpart K-Qualified Products

1.1305-3 F.o.b. destination,

1.1305 4 F.o.b, origin.

1.1101 General.

1.1305-5 Destination unknown.

1.1102 Responsibility for qualification. 1.1806 Consignment and marking in-

1.1103 Justification for inclusion of qual-

structions.

ification requirements.

1.1307 Scheduling of deliveries to per-

1.1104 Availability of lists.

mit consolidation of shipments.

1.1105 Opportunity for qualification.

1.1808 Transit arrangements.

1.1106 Clarification of qualification re 1.1309 Volume movements within the

quirements.

United States.

1.1107 Procurement of qualified products. 1.1310 Crosshauling and backhauling.

1.1107-1 General.

1.1911 Unusually large or heavy ship-

1.1107–2 Contract provisions.

ments.

1.1107-3 Effect of debarment or suspension. 1.1912 Mode of transportation.

an-

Sec.

1.1313 Transportation rates and related

costs.

1.1313-1 Evaluation.

1.1313-2 Sources of transportation rates

and related costs.

1.1314 Military Standard Transportation

and Movement Procedures

(MILSTAMP).

1.1314-1 General.

1.1314-2 Responsibilities.

Subpart N—Preference for United States-Flag

Privately owned Ocean Carriers

1.1401 Definitions.

1.1402 General.

1.1403 Applicability.

1.1404 Procedures.

1.1405 Responsibilities of the contracting

officer.

1.1406 [Reserved]

1.1407 [Reserved]

1.1408 [Reserved]

1.1409 Construction contracts.

1.1410 Non-use of foreign-flag vessels en-

gaged in Cuban trade.

Subpart O Options

1.1501 Scope of subpart.

1.1502 Definition.

1.1503 Applicability.

1.1504 Procedures.

1.1505 Exercise of options.

1.1506 Examples of option clauses.

Subpart P-Novation Agreements and Change of

Name Agreements

1.1601 Scope of subpart.

1.1602 Agreement to recognize a successor

in interest.

1.1603 Agreement to recognize change of

name of contractor.

1.1604 Processing novation agreements and

change of name agreements.

Subpart Q—Value Engineering

1.1701 Policy.

1.1702 Value engineering Incentives.

1.1702–1 Description.

1.1702–2 Application.

1.1702-3 Limitations.

1.1703 Value engineering program re-

quirements.

1.1703–1 Description.

1.1703–2 Application.

1.1703-3 Limitations.

1.1704 Data and technical information,

1.1705 Value engineering incentive

clauses.

1.1705–1 Value engineering incentive clause

for firm fixed-price contracts

and fixed-price contracts pro-

viding for escalation.

1.1705–2 Value engineering Incentive clause

for fixed-price incentive con-

tracts (firm targets).

1.1705–3 Value engineering incentive clause

for fixed-price incentive con-

tracts (successive targets).

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$ 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 FR. 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 (MTMTS), Military Sea Transportation Service (MSTS), Military Air Transport Service (MATS), and the Departments.) (30 F.R. 6965, May 25, 1965) § 1.103 Arrangement of subchapter. [25 F.R. 14079, Dec. 31, 1960) 8 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 month and year of issuance of the clause, as most recently revised, in parentheses immediately after the title, e.g., Incentive Price Revision (Firm Target) (November 1962). 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. Where a clause has been developed for use solely on a specific Department of Defense form and is set forth only in Appendix F' of the ASPR, a date will not be shown but the edition on the form will apply to the clause. (30 F.R. 1729, Feb. 9, 1965) $ 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

nd 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 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

1 Forms in Appendix F have been filed with the Office of The Federal Register; copies may be obtained through the contracting offices of any of the military departments.

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, 1962) § 1.106 Other Department of Defense

publications. [25 F.R. 14079, Dec. 31, 1960] $ 1.106–1 Department of Defense direc

tives, instructions, manuals, and cir

culars. 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) $ 1.106-2 Defense Procurement Cir

cular. (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 included 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

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