(CGPR) which require publication and these regulations implement and supplement the Federal Procurement Regulations (FPR) in Chapter 1 and the Department of Transportation Procurement Regulations (DOTPR) in Chapter 12 of this title. (b) Where specific statutory provisions are applicable to the Coast Guard, the CGPR may set forth special policies and procedures. The CGPR contains references to the Armed Services Procurement Regulation (ASPR) for purposes of guidance or in order to incorporate by reference material in the ASPR into the CGPR. § 12B-1.003 Authority. (a) The Coast Guard Procurement Regulations (CGPR) are prescribed pursuant to the authority of section 633 in Title 14, United States Code, Chapter 137 of Title 10, United States Code, and subsection 6(b) in the Department of Transportation Act (49 U.S.C. 1655 (b)), and the Secretary of Transportation's delegations of authority in 49 CFR 1.4 (a) (2) and (f). (b) The Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471-524, 41 U.S.C. 5, 251-260), applies to the Coast Guard except as specified otherwise therein (see 41 U.S.C. 252); i.e., the laws governing Coast Guard's procurement generally are in Chapter 137 of Title 10, United States Code, as amended. (c) The Secretary of Transportation by a rule in 49 CFR 1.4(g) authorized the Commandant, U.S. Coast Guard, to redelegate and authorize successive redelegations of authority within the Coast Guard of the authority granted to him by rule in 49 CFR 1.4. § 12B-1.004 Applicability. The Coast Guard Procurement Regulations in this Chapter 12B shall apply to Coast Guard procurement made within and outside the United States unless otherwise specified. § 12B-1.004-50 Relationship to FPR, DOTPR, and ASPR. (a) This section confirms the Coast Guard's use of the Federal Procurement Regulations as implemented and supplemented by the Department of Transportation Procurement Regulations as its basic procurement procedures, notwithstanding its military-type organization and responsibilities. (b) Since the Coast Guard is governed by the same procurement law as the Department of Defense (10 U.S.C. 23012314 (Chapter 137)), and both agencies deal to a considerable extent with the same segment of industry, agreement has been reached with the General Services Administration (GSA) that the Coast Guard will follow the appropriate provisions of the Armed Services Procurement Regulation (ASPR) with respect to the purchase of special military-type equipment whenever the procurement situation is outside the scope of or not otherwise covered by the Federal Procurement Regulations (FPR). In such cases, deviation from the Federal Procurement Regulations may be effected without the need for further authorization from the GSA. (c) When appropriate, provisions of the Armed Services Procurement Regulation (ASPR) will be prescribed for use by the Coast Guard in its CGPR in this chapter under the Federal Procurement Regulations System as supplementary material to the FPR in Chapter 1 and to the DOTPR in Chapter 12 of this title. § 12B-1.005 Exclusions. (a) Certain Coast Guard procurement policies and procedures which come within the scope of this Chapter 12B nevertheless may be excluded therefrom when there is justification therefor. These exclusions may include the following categories: (1) Subject matter which bears a security classification. (2) Policies or procedures which are expected to be effective for a period of less than 6 months, and the persons affected are furnished copies of such policies or procedures. (3) Policies or procedures which are effective on an experimental basis for a reasonable period, and the persons affected are furnished copies of such policies or procedures. (4) Policies or procedures pertaining to other functions of the Coast Guard as well as procurement functions and there is need to make the issuance available simultaneously to all Coast Guard employees concerned. (b) Procurement policies and procedures issued in other than the FPR System format under paragraph (a) of this section will be codified into this Chapter 12B at the earliest practicable date, but in any event not later than 6 months from date of issuance. Coast Guard Procurement Regulations (CGPR) in this Chapter 12B are published in the daily issues of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations as a part of Title 41, and in separate looseleaf form on yellow pages. The looseleaf form is designed to permit interleaf (together with Department of Transportation Procurement Regulations) into the Federal Procurement Regulations. § 12B-1.006-3 Copies. Copies of the Coast Guard Procurement Regulations in the FEDERAL REGISTER and the Code of Federal Regulations form may be purchased by Federal agencies and the public, at nominal cost from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Looseleaf form copies of this Chapter 12B will be distributed to Coast Guard activities as authorized by Coast Guard Headquarters. § 12B-1.007 Arrangement. The Coast Guard Procurement Regulations employ the same numbering system and nomenclature used in the Federal Procurement Regulations and conform with FEDERAL REGISTER Standards approved for the FPR, except, that material published in looseleaf form for use only by Coast Guard activities which is not published in this Title 41, Code of Federal Regulations will be indicated by the letters "CG" preceding and following the material. Procurement Regulations in Chapter 12 of this title. (b) Where the CGPR implements a part, subpart, section, or subsection of the FPR or DOTPR, the implementing part, subpart, section, or subsection of the CGPR will be numbered and captioned to correspond to the FPR or DOTPR material implemented. (c) Where the CGPR supplements the FPR or DOTPR with a part, subpart, section, or subsection and there is no coverage of the subject matter in the FPR or DOTPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved. The CGPR will be renumbered when a number of 50 and up is subsequently assigned to a DOTPR part, subpart, section, or subsection where the subject matter of the DOTPR and CGPR has no relation. (d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR or the DOTPR, or the FPR as implemented by the DOTPR, requires no implementation by the Coast Guard, the CGPR will contain no corresponding part, subpart, section, or subsection on the subject. The material as published in the FPR or DOTPR or FPR as implemented by the DOTPR shall govern. Coast Guard Procurement Regulations will be cited in accordance with FEDERAL REGISTER Standards approved for the FPR. Thus this section, when referred to in divisions of the Coast Guard Procurement Regulations, should be cited as " 12B-1.007-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 12B-1.0073." Any section of the Coast Guard Procurement Regulations may be informally identified, for purposes of brevity, as CGPR followed by the section number, i.e., "CGPR 12B-1.007-3." § 12B-1.008 Coast Guard implementation_and_supplementation of FPR and DOTPR. The CGPR "implement" and "supplement" the FPR and the DOTPR. The meaning of these terms include the following: (a) Implementation means a part, subpart, section, or subsection which treats the policies and procedures of a similarly numbered subject of the FPR or DOTPR in greater detail or indicates (CGPR) which require publication and these regulations implement and supplement the Federal Procurement Regulations (FPR) in Chapter 1 and the Department of Transportation Procurement Regulations (DOTPR) in Chapter 12 of this title. (b) Where specific statutory provisions are applicable to the Coast Guard, the CGPR may set forth special policies and procedures. The CGPR contains references to the Armed Services Procurement Regulation (ASPR) for purposes of guidance or in order to incorporate by reference material in the ASPR into the CGPR. § 12B-1.003 Authority. (a) The Coast Guard Procurement Regulations (CGPR) are prescribed pursuant to the authority of section 633 in Title 14, United States Code, Chapter 137 of Title 10, United States Code, and subsection 6(b) in the Department of Transportation Act (49 U.S.C. 1655 (b)), and the Secretary of Transportation's delegations of authority in 49 CFR 1.4 (a) (2) and (f). (b) The Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471-524, 41 U.S.C. 5, 251-260), applies to the Coast Guard except as specified otherwise therein (see 41 U.S.C. 252); i.e., the laws governing Coast Guard's procurement generally are in Chapter 137 of Title 10, United States Code, as amended. (c) The Secretary of Transportation by a rule in 49 CFR 1.4(g) authorized the Commandant, U.S. Coast Guard, to redelegate and authorize successive redelegations of authority within the Coast Guard of the authority granted to him by rule in 49 CFR 1.4. § 12B-1.004 Applicability. The Coast Guard Procurement Regulations in this Chapter 12B shall apply to Coast Guard procurement made within and outside the United States unless otherwise specified. § 12B-1.004-50 Relationship to FPR, DOTPR, and ASPR. (a) This section confirms the Coast Guard's use of the Federal Procurement Regulations as implemented and supplemented by the Department of Transportation Procurement Regulations as its basic procurement procedures, notwithstanding its military-type organization and responsibilities. (b) Since the Coast Guard is governed by the same procurement law as the Department of Defense (10 U.S.C. 23012314 (Chapter 137)), and both agencies deal to a considerable extent with the same segment of industry, agreement has been reached with the General Services Administration (GSA) that the Coast Guard will follow the appropriate provisions of the Armed Services Procurement Regulation (ASPR) with respect to the purchase of special military-type equipment whenever the procurement situation is outside the scope of or not otherwise covered by the Federal Procurement Regulations (FPR). In such cases, deviation from the Federal Procurement Regulations may be effected without the need for further authorization from the GSA. (c) When appropriate, provisions of the Armed Services Procurement Regulation (ASPR) will be prescribed for use by the Coast Guard in its CGPR in this chapter under the Federal Procurement Regulations System as supplementary material to the FPR in Chapter 1 and to the DOTPR in Chapter 12 of this title. § 12B-1.005 Exclusions. (a) Certain Coast Guard procurement policies and procedures which come within the scope of this Chapter 12B nevertheless may be excluded therefrom when there is justification therefor. These exclusions may include the following categories: (1) Subject matter which bears a security classification. (2) Policies or procedures which are expected to be effective for a period of less than 6 months, and the persons affected are furnished copies of such policies or procedures. (3) Policies or procedures which are effective on an experimental basis for a reasonable period, and the persons affected are furnished copies of such policies or procedures. (4) Policies or procedures pertaining to other functions of the Coast Guard as well as procurement functions and there is need to make the issuance available simultaneously to all Coast Guard employees concerned. (b) Procurement policies and procedures issued in other than the FPR System format under paragraph (a) of this section will be codified into this Chapter 12B at the earliest practicable date, but in any event not later than 6 months from date of issuance. Coast Guard Procurement Regulations (CGPR) in this Chapter 12B are published in the daily issues of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations as a part of Title 41, and in separate looseleaf form on yellow pages. The looseleaf form is designed to permit interleaf (together with Department of Transportation Procurement Regulations) into the Federal Procurement Regulations. § 12B-1.006-3 Copies. Copies of the Coast Guard Procurement Regulations in the FEDERAL REGISTER and the Code of Federal Regulations form may be purchased by Federal agencies and the public, at nominal cost from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Looseleaf form copies of this Chapter 12B will be distributed to Coast Guard activities as authorized by Coast Guard Headquarters. § 12B-1.007 Arrangement. The Coast Guard Procurement Regulations employ the same numbering system and nomenclature used in the Federal Procurement Regulations and conform with FEDERAL REGISTER Standards approved for the FPR, except, that material published in looseleaf form for use only by Coast Guard activities which is not published in this Title 41, Code of Federal Regulations will be indicated by the letters "CG" preceding and following the material. § 12B-1.007-2 Numbering. (a) This Chapter 12B has been allocated to the Coast Guard for implementing and supplementing the Federal Procurement Regulations (FPR) in Chapter 1 and the Department of Transportation Procurement Regulations in Chapter 12 of this title. (b) Where the CGPR implements a part, subpart, section, or subsection of the FPR or DOTPR, the implementing part, subpart, section, or subsection of the CGPR will be numbered and captioned to correspond to the FPR or DOTPR material implemented. (c) Where the CGPR supplements the FPR or DOTPR with a part, subpart, section, or subsection and there is no coverage of the subject matter in the FPR or DOTPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved. The CGPR will be renumbered when a number of 50 and up is subsequently assigned to a DOTPR part, subpart, section, or subsection where the subject matter of the DOTPR and CGPR has no relation. (d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR or the DOTPR, or the FPR as implemented by the DOTPR, requires no implementation by the Coast Guard, the CGPR will contain no corresponding part, subpart, section, or subsection on the subject. The material as published in the FPR or DOTPR or FPR as implemented by the DOTPR shall govern. § 12B-1.007-3 Citation. Coast Guard Procurement Regulations will be cited in accordance with FEDERAL REGISTER Standards approved for the FPR. Thus this section, when referred to in divisions of the Coast Guard Procurement Regulations, should be cited as "§ 12B-1.007-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 12B-1.0073." Any section of the Coast Guard Procurement Regulations may be informally identified, for purposes of brevity, as CGPR followed by the section number, i.e., "CGPR 12B-1.007-3." § 12B-1.008 Coast Guard implementation and supplementation of FPR and DOTPR. The CGPR "implement" and "supplement" the FPR and the DOTPR. The meaning of these terms include the following: (a) Implementation means a part, subpart, section, or subsection which treats the policies and procedures of a similarly numbered subject of the FPR or DOTPR in greater detail or indicates the manner of compliance, including any deviations. However, material in Chapter 12B which differs from material in FPR in Chapter 1 or DOTPR in Chapter 12 of this title shall be regarded as a deviation only if explicitly referenced to be a deviation. (b) Supplementation means CGPR coverage of matters which have no counterpart in the FPR and DOTPR. Supplementation does not cover those matters which have a counterpart in the DOTPR. § 12B-1.009 Deviations. § 12B-1.009–1 Description. See FPR § 1-1.009-1. § 12B-1.009-2 Procedure. In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR, DOTPR, and CGPR shall be kept to a minimum and controlled as follows: (a) In individual cases, deviations from the FPR, DOTPR, and CGPR may be authorized by the Head of the procuring activity (see § 12B-1.206), unless otherwise provided. This authority may not be redelegated. (1) A supporting statement for each individual deviation, which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file. (2) A copy of the supporting statement for each individual deviation shall be forwarded to: (i) Director of Logistics and Procurement Policy, Department of Transportation, Washington, D.C. 20590; and, (ii) Commandant (FS). (b) In cases involving more than one contract or contractor, deviations from the FPR, DOTPR, and CGPR shall be forwarded to Commandant (FS) for further processing. [33 F.R. 16202, Nov. 5, 1968, as amended at 34 F.R. 1384, Jan. 27, 1969] Subpart 12B-1.2-Definition of Terms § 12B-1.201 Definitions. This subpart contains definitions of terms used in Coast Guard procurement, in addition to those set forth in FPR 1-1.2. Additional definitions will be found in individual parts of FPR and CGPR covering terms used in those parts only. § 12B-1.205 Procuring activity. "Procuring activity" means organizational units within the Coast Guard hav "Head of the procuring activity" means Chief, Supply Division of Coast Guard Headquarters, district commander of district offices and commanding officer of Headquarters units. § 12B-1.207 Contracting officer. "Contracting officer" means any employee of Coast Guard who, either by virtue of his position or by appointment in accordance with procedures prescribed by this chapter is currently a contracting officer (see § 12B-75.201) with authority to enter into and administer contracts and make determinations and findings with respect thereto, or with any part of such authority (including personnel that are authorized to act as contracting officers with limited purchasing authority (see § 12B-75.201 (d)). § 12B-1.250 Department. "Supplies" means all property except land or interests in land. It includes public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories thereto; aircraft and aircraft parts, accessories, and equipment, machine tools; and the alteration or installation of any of the foregoing. "Supplies" as used in this chapter is synonymous with "property" as described in 10 U.S.C. 2303(b). The terms "personal property and nonpersonal services" as used in the FPR have |