Sec.

29-1.713 Contracts with the Small Business

Administration.

29-1.713-2 Policy.

Subpart 29-1.10-Publicizing Procurement Actions

29-1.1001 General policy.

29-1.1002 Availability of invitations for bids and requests for proposals. 29-1.1002-50 Other publicity concerning

procurements.

Subpart 29-1.12—Responsible Prospective Contractors

29-1.1202 General policy.

AUTHORITY: 63 Stat. 389, 80 Stat. 379; 5 U.S.C. 301, 40 U.S.C. 486(c).

SOURCE: 36 FR 3054, Feb. 17, 1971, unless otherwise noted.

NOTE: Nomenclature changes appear at 38 FR 15965, June 19, 1973.

§ 29-1.000 Scope of part.

This part establishes a system of procurement regulations and procedures applicable to procurement of property and services necessary to the operations of the Department of Labor (DOL). This system is based upon the Federal Property and Administrative Services Act of 1949, as amended, and is comprised of the Federal Procurement Regulations (i.e., Chapter 1 of Title 41 of the Code of Federal Regulations and referred to herein as FPR), and Department of Labor Procurement Regulations (i.e., Chapter 29 of Title 41 of the Code of Federal Regulations and referred to herein as DOLPR), which are herein established. This part describes the method and contains the policies and procedures by which DOL implements, supplements, and may deviate from the FPR.

Subpart 29-1.0—Regulation System

§ 23-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the DOLPR. It explains the purpose of the DOLPR, the authority under which they are issued, their relationship to the FPR, and their applicability, method of issuance, exclusions, and ar

rangement. This subpart also outlines procedures for implementing, supplementing, and deviating from the FPR. § 29-1.002 Purpose.

This subpart establishes the system for the codification and publication of uniform policies and procedures that shall constitute the DOLPR.

§ 29-1.003 Authority.

DOLPR are authorized by Federal statute and implementing administrative regulations. Specific authority is provided by 5 U.S.C. 301; section 205(c) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486(c)); the FPR; and 33 FR 12600, September 5, 1968 (See § 291.204).

§ 29-1.004 Applicability.

(a) The FPR and DOLPR apply to all DOL procurement (hereinafter referred to as "contracts") including contracts, agreements, purchases, orders, or similar instruments which obligate funds for the purposes of obtaining property and services for the Department of Labor or third parties or for the purpose of promoting Departmental programs or objectives through financial assistance. Unless otherwise specifically stated, DOLPR does not apply to grants.

(b) The DOLPR implement and supplement the FPR. Material published in the FPR, which has Governmentwide applicability, becomes applicable to all DOL contracting upon the effective date of the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise restated in the DOLPR. The absence of a corresponding part, subpart, sec'tion, or subsection in the DOLPR indicates that the FPR, as written, is applicable to all DOL contracts.

(c) 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.

(d) Supplementing material is that for which there is no counterpart in the FPR.

§ 29-1.006 Issuance.

§ 29-1.006-1 Code arrangement.

Chapter 1 of Title 41 of the Code of Federal Regulations contains procurement regulations for general application to all agencies. Specific succeeding chapters are assigned to the various agencies for their implementing and supplementing material. DOL is exclusively assigned Chapter 29 for its contracting material.

§ 29-1.006-2 Publication.

The DOLPR appear in the Code of Federal Regulations as Chapter 29 of Title 41, Public Contracts and Property Management. The DOLPR are published, as they are issued in the daily issues of the FEDERAL REGISTER and in cumulated form in the annually published Code of Federal Regulations.

§ 29-1.006-3 Copies.

Copies of the DOLPR in both the FEDERAL REGISTER and the Code of Federal Regulations form may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

§ 29-1.006-4 Coordination.

Responsibility for the development of the DOLPR is assigned to the Assistant Secretary for Administration and Management. In developing those regulations, the Assistant Secretary will solicit the views of the Agencies concerned. In addition to the Assistant Secretary's responsibilities imposed by statute and regulation, the Solicitor is responsible for determining the legality of all proposed regulations and policy and for making arrangements for the publication of those regulations and any subsequent implementation thereof in the FEDERAL REGISTER. [36 FR 3054, Feb. 17, 1971, as amended at 42 FR 40197, Aug. 9, 1977]

§ 29-1.007 Arrangement.

§ 29-1.007-1 General plan.

The DOLPR employ the same general numbering system and nomenclature used in the FPR.

§ 29-1.007-2 Numbering.

(a) A particular procurement policy or procedure is identified by the same number in both the FPR and DOLPR except that the number preceding the particular part, subpart, section, or subsection is either "1" if the reference is to FPR or "29" if the reference is to DOLPR.

(b) Where Chapter 29 implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of Chapter 29 will be numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) Where Chapter 29 supplements the FPR and thus deals with subject matter not contained in the FPR, numbers in the group 50 through 99 will be assigned to the respective supplementing part, subpart, section, or subsection.

(d) Where the subject matter contained in the part, subpart, section, or subsection of the FPR requires no implementation, the DOLPR will contain no corresponding part, subpart, section, or subsection. Thus, there may be gaps in the DOLPR of part, subpart, section, or subsection numbers. In such cases, reference must be made to the FPR for policy and procedure applicable to all DOL contracts.

§ 29-1.008 Agency implementation.

§ 29-1.008-50 Department of Labor (DOL) Agency implementation.

DOL Agencies may implement or supplement the FPR or DOLPR with internal instructions whose applicability is not DOL-wide, but nevertheless necessary to implement or supplement the FPR or the DOLPR. DOL Agencies may request publication in the DOLPR of procurement instructions and other procurement material considered of interest to the general public. Such instructions shall not extensively repeat, paraphrase, or otherwise restate the FPR or the DOLPR and shall be numbered in accordance with § 1-1.007-2 of this title except that the numbers prescribed there and in § 29-1.007-2 shall be suffixed by the alphabetic abbreviation or other symbol of the respective Agency issu

ing the instructions. Whether the instructions are to be published as part of the DOLPR or not, such proposed instructions and material that implement or supplement the DOLPR or the FPR must be submitted, prior to their publication, for the review and concurrence of the Assistant Secretary for Administration and Management and of the Solicitor. In the case of internal procurement instructions, the purpose of such review is to ascertain that such instructions are consistent with the FPR and the DOLPR and that they do not contain material which should be issued as the DOLPR. In the case of instructions or other material submitted for inclusion in the DOLPR, after concurrence by interested DOL Agencies, the necessary arrangements will be made for publication of such instructions or other material in the FEDERAL REGISTER.

[42 FR 40197, Aug. 9, 1977]

§ 29-1.009 Deviation.

§ 29-1.009-2 Procedure.

Deviations (as described in § 1-1.0091 of this title) shall be kept to a minimum and shall be controlled as follows:

(a) Deviations from either the FPR or the DOLPR in both individual cases and classes of cases must be approved in advance by the Assistant Secretary for Administration and Management. Requests for approval of such deviations may be initiated by contracting officers. Requests shall be submitted, in writing, to the Assistant Secretary for Administration and Management either directly or with such prior preliminary approvals as may be required by the internal procedures of the contracting officer's Agency. Such requests shall be submitted as far in advance as the exigencies of the situation will permit. Each request for a deviation shall contain the following:

(1) A clear statement of the deviation desired;

(2) The reasons the deviation is considered necessary and would be in the best interest of the Government;

(3) The name of the contractor and identification of the contract affected, if applicable;

(4) A statement as to whether the deviation has been requested previously, and, if so, the circumstances and disposition of the previous request; and

(5) Any pertinent background information which will contribute to a full understanding of the desired deviation including, but not limited to, the identification of the specific programs affected together with suitable notation that appropriate notice, including information copies of the request for deviation, has been given to the director or other chief official of the program or activity affected.

(b) If a requested deviation is considered appropriate, approval will be provided where the deviation applies to an individual case by memorandum addressed to the requesting office with copies to interested offices. The requesting office shall retain a copy of each request for approval and the disposition made thereon in its contract files.

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(c) Where the deviation is from the FPR and applies to a class of cases, if time permits, necessary coordination with the General Services Administration will be effected by the Assistant Secretary for Administration and Management. Such class deviations shall be issued a part of the DOLPR. Where time does not permit, the Assistant Secretary for Administration and Management may authorize a deviation, and by telephone, if need be, with later confirmation in writing. In such an instance, this official will later inform GSA of the deviation and circumstances under which it was required. Whenever a requested deviation is disapproved, the notice thereof shall be in writing, by the Assistant Secretary for Administration and Management, with copies to other interested offices.

(d) When a deviation in a contract form or provision is authorized, physical alteration or change may not be made in the printed form itself but shall be made by appropriate written notation in the schedule, specification, or elsewhere, under an appropriate

title (e.g., under a part of a schedule entitled, "Alteration to General Provisions") which directs the reader's attention to the change in a manner that permanently fixes the extent of the change for a particular transaction or instrument.

(e) New FPR issuances should be carefully reviewed upon receipt so that requests for deviations can be acted upon prior to the effective date, whenever practicable.

(f) A central record of deviations, including copies of requests, approvals, and disapprovals, will be maintained by the Assistant Secretary for Administration and Management.

[36 FR 3054, Feb. 17, 1971, as amended at 42 FR 40198, Aug. 9, 1977]

Subpart 29-1.2-Definition of Terms

§ 29-1.204 Head of the agency.

Where the FPR and the DOLPR refer to the "head of the agency" or "agency head" as a level of approval, such a reference shall mean the Assistant Secretary for Administration and Management.

Subpart 29-1.3-General Policies

§ 29-1.302 Procurement sources.

§ 29-1.302-3 Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employ

ees.

(a) No contracts, including those for rental of real or personal property, shall be let under the circumstances set out in § 1-1.302-3(a) of this title, except as provided in the FPR and DOLPR. Nor shall contracts knowingly be entered into, subject to the same exception, which will result in subcontracts, regardless of tier, with employees of the Government or business concerns or organizations which are substantially owned or controlled by Government employees.

(b) Approval of a decision to grant an exception as provided from § 291.302-3(a) shall be obtained, in writing, from the Assistant Secretary for

Administration and Management by the head of the procuring activity.

§ 29-1.302-50 Contracts between the Government and former Government employees.

Negotiated contracts or grants or amendments to existing contracts or grants which constitute new procurement (including those for the rental of real or personal property) may be entered into with former employees of DOL or with firms in which former employees are known to have a substantial interest, within a period of 1 year subsequent to the termination of the individual's employment by DOL, only with the prior written approval of the Assistant Secretary for Administration and Management.

[42 FR 40198, Aug. 9, 1977]