economical to purchase directly from the agency for the blind which manufactures the supplies, rather than from the stores depot; (4) The Schedule indicates that the supplies are not stocked by General Services Administration Stores Depots; or (5) Delivery requirements cannot be met. (c) Supplies listed in the Schedule may be procured from commercial sources under any of the conditions set forth below without securing clearance: (1) Military necessity requires delivery within two weeks and the NIB cannot give assurance of positive availability; or (2) The procurement is for $25 or less. § 5.504 Procurement procedure. § 5.504-1 Through National Industries for the Blind. When procurement of blind-made supplies is to be effected through the National Industries for the Blind, such procurement shall be made by submitting directly to the National Industries for the Blind, 15 West 16th Street, New York 11, N.Y., a request, in letter form, for an allocation. Upon receipt of the request, requirements will be allocated by the National Industries for the Blind, and the procuring activity will be notified of the name and location of the agency designated to manufacture the requirements. Upon receipt of such notification, a delivery order (DD Form 1155) shall be issued to the designated agency for the blind and a copy thereof will be forwarded to the National Industries for the Blind. Such orders may be issued without limitation as to dollar amount and shall be recorded as obligations upon issuance. § 5.504-2 From General Services Administration Stores Depots. Either DD Form 1155 or the DD Form 1348 series shall be used to obtain blindmade supplies from General Services Administration Stores Depots. [28 F.R. 4885, May 16, 1963] § 5.505 Clearances. Except as provided in § 5.503(c), a purchasing activity may procure supplies of the types listed in the Schedule from commercial sources only to the extent that such procurement is specifically authorized in clearances issued by National Industries for the Blind, and then only if purchase action is initiated within thirty days from the date of the authorization or such additional period as may be authorized by the National Industries for the Blind. § 5.506 Optional procurement of blindmade supplies. Supplies of any type or classification may be procured from agencies for the blind in any quantity, including less than carload lots, when such agency is the low bidder or offeror in response to an invitation for bids or request for proposals. Subpart -Use of General Services SOURCE: §§ 5.900 to 5.907 appear at 27 F.R. 3449, Apr. 11, 1962, except as otherwise noted. § 5.900 Applicability. This subpart applies only to procurement of supplies to be delivered in the United States, its possessions, or Puerto Rico. § 5.901 Policy. In appropriate cases, the contracting officer should authorize the contractor to utilize General Services Administration supply sources in performing a costreimbursement type contract. Before issuing such an authorization, the contracting officer shall determine that it is in the best interests of the Government, considering price, delivery, contract administration, and recommendations of the contractor. [27 F.R. 6133, June 29, 1962] § 5.902 Limitation. Contractors shall not be authorized to utilize General Services Administration supply sources (a) in connection with the performance of fixed-price type contracts, even though such contracts provide for price adjustments, escalation, redetermination, or cost-reduction incentive; or (b) for the leasing of equipment to be utilized in the performance of cost-reimbursement type contracts. [28 F.R. 4885, May 16, 1963] supply sources only (a) where title to property ordered under Federal Supply Schedule contracts will pass to and vest in the Government directly from the Federal Supply Schedule contractor (rather than through the prime contractor), or (b) where title to Governmentowned property ordered from General Services Administration stores stock will remain in the Government. § 5.903-2 Use of form. Authorizations by the contracting officer shall be in writing, substantially in the form set out in § 5.906, and shall cite the contract number, specify any applicable limitations, such as the period of eligibility, and contain any other pertinent information including requirements relative to ordering, receiving, inspection, and payment. § 5.903-3 Distribution. Copies of each authorization shall be forwarded by the contracting officer to the General Services Administration, Federal Supply Service, Office of Supply Operations, General Services Building, Washington 25, D.C., and to the General Services Administration regional office (see § 5.203) serving the geographical area in which the facilities of the authorized prime contractor are located. CODIFICATION: In § 5.903-3, the reference "(see § 5.204)" was changed to "(see § 5.203)", 27 F.R. 6133, June 29, 1962. § 5.904 § 5.904-1 Procedure. Purchase order under Federal Supply Schedule contracts. (a) Orders by contractors under Federal Supply Schedule contracts shall be placed in accordance with the provisions of the applicable Federal Supply Schedule and the authorization. Such orders shall be accompanied by a copy of the authorization (unless a copy was previously furnished to the Federal Supply Schedule contractor) and shall contain the statement set out in paragraph 2.a. of the authorization form in § 5.906. (b) Where a General Services Administration certificate of unavailability is required, such as in the case of manually operated typewriters, the contractor will obtain the certificate from the nearest General Services Administration regional office and will attach it to his purchase order. 1. You are hereby authorized to act for the Government (Department of the as follows: a. The purchasing of property for acquisition under Contract No. which is Government available for purchase by agencies either directly from the General Services Administration Stores Depots or under Federal Supply Schedules, subject to the limitations set forth herein. b. The issuance of tax exemption certificates in lieu of the payment of State or other taxes for which the Government (Department of the --) is not liable on property purchased under this authorization. 2.a. Purchase Orders Under Federal Supply Schedule Contracts. Order will be placed in accordance with the terms and conditions of the attached Federal Supply Schedule and this authorization. A copy of the authorization will be attached to the order (unless a copy was previously furnished to the Federal Supply Schedule contractor) and shall contain the following statement: This order is placed in behalf of the (Insert name of Department), in furtherance of United States Government Contract No. (Insert contract number), pursuant to written authorization dated ---, [*---------]. Title to property delivered hereunder shall vest in the United States Government. In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern. b. Purchase Orders for Items in the General Services Administration Stores Stock Catalog. Orders will be placed in accordance with the attached General Services Administration Stores Stock Catalog and this authorization. Include the address to which billings are to be sent. Bills are not issued by General Services Administration until after shipment has been made, and should therefore be paid promptly. Necessary adjustments if any will be made by General Services Administration subsequent to payment. All orders will contain the following statement: This order is placed in behalf of the (Insert name of Department), in furtherance of United States Government Contract No. (Insert contract number), pursuant to written authorization dated (*-----------]. Title to property delivered hereunder shall remain in the United States Government. Insert the following clause in all costreimbursement type contracts under which the contractor may acquire supplies for the account of the Government. The last sentence of the clause shall be deleted in the case of facilities contracts which do not contain one of the "Government Property" clauses set forth in Subpart E, Part 13 of this chapter. GENERAL SERVICES ADMINISTRATION SUPPLY SOURCES (JULY 1962) The Contracting Officer may issue the Contractor an authorization to utilize General Services Administration supply sources for property to be used in the performance of this contract. Title to all property acquired under such an authorization shall be in the Government. All property acquired under such an authorization shall be subject to the provisions of paragraphs (b) through (k) of the clause of this contract entitled "Government Property," unless this contract is for research and development with a nonprofit institution executed on a no-fee basis, in which case paragraphs (c) through (n) shall apply. CODIFICATION: 5.907 was revised, 27 F.R. 8872, Sept. 6, 1962. Subsequently, the introductory text preceding the clause was amended, 28 F.R. 2580, Mar. 16, 1963. Prior Amendments 1962: 27 F.R. 6133, June 29. Subpart J-Procurement for the National Aeronautics and Space Administration [Added] SOURCE: §§ 5.1001 to 5.1005 appear at 26 F.R. 5303, June 14, 1961. § 5.1001 Authorization and policy. (a) NASA is authorized by Public Law 85-568 to use the procurement services, personnel, equipment and facilities of the Military Departments with their consent, with or without reimbursement, and on a similar basis to cooperate with the Military Departments in the use of procurement services, equipment and facilities. (b) The Military Departments will cooperate fully with NASA in making their procurement services, equipment, personnel and facilities available on the basis of mutual agreement. (c) The Military Departments will not claim reimbursement for administrative costs incident to procurements for NASA, except as may be otherwise agreed prior to the time the services are performed. (d) When procuring supplies or services for NASA or performing field service functions in support of NASA contracts, the Military Department concerned will use its own methods, except when required by the terms of the agreement involved (but see § 9.107-7 of this subchapter). (e) The Military Departments normally will use their own funds when procuring supplies or services for NASA, or performing services, and will not cite NASA funds on any Defense obligation or payment document. § 5.1002 NASA Purchase Request and Acceptance. (a) The NASA-Defense Purchase Request (NASA Form Number 523) will be used by NASA for requesting procurement of supplies or services, from all activities of the Military Departments. (b) Within 30 days after receipt of a NASA-Defense Purchase Request, the Military Department concerned will forward to the initiator of the request a DD Acceptance of MIPR Form DD Form 448-2, in quadruplicate in accordance with instruction contained in § 5.1109 of this subchapter. Each DD Acceptance Form will show the action being taken or to be taken to fill the requirement and the name and complete address of the Department of Defense procurement activity for future direct contact by the initiator. When a Military Department determines that the estimated total price (Block 9 NASA Form 523) of the items to be procured for NASA is not sufficient to cover the required reimbursement, or is in excess of the amount required, a request for an amendment will be forwarded to the NASA originating office. The request will indicate a specific dollar amount, rather than a percentage, and will include justification for any upward adjustment requested. Upon approval of the request, an amendment to the NASA-Defense Purchase Request will be forwarded to the procuring activity. $5.1004 Inquiries. Inquiries and correspondence will be directed to the NASA originating office. § 5.1005 Payments. Payments to the Military Departments for supplies and services furnished or procured for NASA will be effected on the basis of Standard Form 1080 billings submitted to the NASA office designated in Block 11 of the NASA-Defense Purchase Request, except where agreements provide that reimbursement is not required. Billings will be supported in the same manner as billings between Military Departments. Subpart K-Coordinated Procurement § 5.1100-1 Coordinated procurement. Coordinated procurement refers to procurement (a) of supplies under single procurement as defined in § 5.1100-2, and (b) of supplies and services pursuant to procurement agreements (see § 5.1118). [27 F.R. 1696, Feb. 22, 1962] § 5.1100-2 Single procurement. Single procurement refers to procurement of supplies pursuant to assignments of procurement responsibility made by the Secretary of Defense. The following are approved types of single procurement: (a) Single department procurement whereby one Military Department procures certain supplies to satisfy the requirements of all the Military Departments (including the procurement responsibility of Single Managers); and (b) Plant cognizance procurement whereby one Military Department procures certain supplies from a particular plant to satisfy the requirements of all Military Departments, which is presently limited to airframes, aircraft engines and propellers. [27 F.R. 1696, Feb. 22, 1962] § 5.1100-5 Military Interdepartmental Purchase Request (MIPR). Military Interdepartmental Purchase Request (MIPR) refers to DD Form 448 (Military Interdepartmental Purchase Request) (see § 16.601 of this subchapter) executed by a Requiring Department, as a request for supplies or nonpersonal services, to be procured or furnished by the Procuring Department, or to be manufactured in its own facilities. [26 F.R. 5303, June 14, 1961] § 5.1100-6 Acceptance of MIPR. Acceptance of MIPR refers to DD Form 448-2 (Acceptance of MIPR) (see § 16.602 of this subchapter) executed by a Procuring Department as notice to the Requiring Department that a MIPR has been received and accepted for procurement action. [26 F.R. 5304, June 14, 1961] § 5.1100-7 Consolidated-Reimbursable Procurement (Category I Method of Funding). Consolidated-Reimbursable Procure ment (Category I Method of Funding) refers to procurement for the account of the Procuring Department, by contract, without separate identification therein of the items being procured for the Requiring Department, and without separate citation of funds of the Requiring Department, with subsequent delivery to and reimbursement by the Requiring Department. [26 F.R. 5304, June 14, 1961] § 5.1100-8 Direct Citation Procurement (Category II Method of Funding). Direct Citation Procurement (Category II Method of Funding) refers to a procurement having separate identification of the items and citing the funds of the Requiring Department, and may (a) The procuring department assigned responsibility for plant cognizance procurement is responsible for the following functions related to procurement and mobilization planning for airframes, aircraft engines, and propellers produced in the plants assigned: (1) Procurement responsibility: (i) Purchasing all items produced in the plant, except: (a) Research and development projects; (b) Items or services which the Requiring Department and the Procuring Department agree may be purchased direct from the manufacturer by the Requiring Department; (c) Overhaul contracts; and (d) Industry preparedness measures covering items for which an allocation of manufacturing capability has been made under the DOD Industrial Readiness Planning Program, or such other industry preparedness measures as the procuring department may initiate or determine to be appropriate. (ii) Contract administration of all contracts for items procured in accordance with subdivision (i) of this subparagraph; (iii) Arrangement for inspection: (a) Items produced in the plant which are procured in accordance with subdivision (i) of this subparagraph; but (b) In cases where items are procured by other than the procuring department, the requiring department will perform the inspection services required or ar range with the procuring department for inspection of such items. (iv) Arrangement for shipment of all items for which it has inspection responsibility; (v) Auditing and cost accounting services for all items produced in the plant; and (vi) Coordination of production capacity: (a) By notifying other departments that production is reaching a saturation point or that excess production capacity is available; and (b) By coordinating expansion of production capacity. (2) Mobilization planning responsibility: (i) Coordination of all phases of mobilization planning with the assigned plant by any branch of the Armed Services; and (ii) Assignment of Armed Services Procurement Planning Officer (ASPPQ) responsibility to an appropriate office within the Procuring Department for the conduct of the DOD Industrial Readiness Planning Program and preparation of a Request for Planning Action (DD Form 403). (The Remarks block of this form will contain an explanation that the plant has been assigned under the DOD Plant Cognizance Program and that Industrial Readiness Planning Program records should be corrected accordingly. This pertains to changes of ASPPO assignments within or between Procuring Departments. Changes of mobilization planning responsibility between Departments will be accomplished as part of changes in overall DOD plant cognizance.) (b) The Requiring Department, in dealing through the Procuring Departments, is responsible for: (1) Providing funds necessary to effect the purchase of required items and stating limitations on use of such funds; (2) Stipulating quantity, quality, delivery requirements, and shipping instructions; (3) Taking delivery of all items as specified in the contract delivery schedule; (4) Keeping the procuring department advised of direct dealings with the plant on procurement of exempted items; and (5) Keeping the procuring department advised of planned or contemplated procurements of items produced in the plant. |