Page images


Part 13-1


PART 13-1-GENERAL Sec. 13–1.000 Scope of part.

Subpart 13-1.0~Introduction 13-1.001 Scope of subpart. 13-1.002 Purpose. 13-1.003 Authority. 13-1.004 Applicability. 13-1.0041 (Reserved) 13–1.004–2 Relationship to the FPR. 13-1.004–3 Description. 13-1.004-4 Interim applications. 13-1.005 Exclusions. 13-1.006 Issuance. 13-1.006-1 Code arrangement. 13-1.006–2 Publication. 13-1.006–3 Copies. 13-1.007 Arrangement. 13-1.007-1 General plan. 13–1.007-2 Numbering. 13-1.007-3 Citation. 13-1.008 Agency implementation. 13-1.008-1 Suffixes. 13-1.009 Deviations.

AUTHORITY: The provisions of this part 13-1 issued under 63 Stat. 377, as amended; 41 U.S.C. 201 note; Department Order 134 (Revised).

SOURCE: The provisions of this Part 13-1 appear at 31 F.R. 11885, Sept. 9, 1966, unless otherwise noted. § 13–1.000 Scope of part.

This part establishes a system of procurement regulations and procedures applicable to procurement of personal property and nonpersonal services (including construction) by the Department of Commerce. This system is based upon the Federal Property and Administrative

Services Act of 1949, and is comprised of the Federal Procurement Regulations (referred to herein as FPR), and the Commerce Procurement Regulations (referred to herein as COMPR), which are hereby established. This part describes the method by which the Commerce Department implements, supplements, and may deviate from the FPR, and sets forth policies and procedures which implement and supplement the FPR.

Subpart 13–1.0— Introduction & 13-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Commerce Procurement Regulations (herein identified as COMPR). It explains the purpose of the COMPR, the authority under which they are issued, their relationship to the Federal Procurement Regulations, and their applicability, method of issuance, exclusions, and arrangements. It also outlines procedures for implementing, supplementing, and deviating from the FPR. § 13–1.002 Purpose.

The Federal Procurement Regulations, as implemented, supplemented, or deviated from by Department of Commerce Procurement Regulations set forth in this chapter, are hereby designated as the authorized regulations governing the procurement of supplies and nonpersonal services (including construction) by the Department of Commerce.

§ 13–1.003 Authority.

(a) The Department of Commerce Procurement Regulations (COMPR) are prescribed pursuant to Title III of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and the authority delegated to the Assistant Secretary for Administration in Department Order 134 (Revised).

(b) Procurement instructions and procedures which are necessary to implement, supplement, or deviate from the FPR, will be issued in the COMPR by the Office of Administrative Services, Office of the Secretary, when necessary to accomplish Commerce Department procurement objectives. $ 13–1.004 Applicability.

13–1.004-1 [Reserved] § 13–1.004–2 Relationship to the FPR.

Material published in the FPR which has Government-wide applicability, becomes effective throughout the Commerce Department upon the effective date cited in the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise stated in COMPR except to the extent necessary to supplement, implement, or deviate from the FPR. & 13–1.004–3 Description.

The meaning of COMPR “implementation,” “supplementation,” and “deviation” from the FPR includes the following:

(a) “Implementation" means a part, subpart, section, etc., which treats the policies and procedures of a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations. However, material in this Chapter 13 which differs from material in Chapter 1 of this title (FPR) shall be regarded as a deviation only if explicitly referenced to be a deviation.

(b) “Supplementation" means COMPR coverage of matters which have no counterpart in the FPR.

(c) “Deviation” is defined in FPR 1-1.009-1. $ 13–1.0044 Interim applications.

The regulations in this chapter apply to all Department of Commerce procurement actions, within and outside the United States, except as otherwise speci

fied herein; however, existing Department of Commerce procurement regulations, procedures, instructions, and requirements, not in conflict with FPR, will remain in effect until superseded by an appropriate COMPR, or otherwise rescinded. § 13–1.005 Exclusions.

(a) Certain Department of Commerce procurement policies and procedures which come within the scope of this Chatper 13 nevertheless may be excluded when justified. These exclusions may include the following categories:

(1) Subject matter bearing a security classification.

(2) Policies or procedures effective for a period of less than 6 months.

(3) Policies or procedures effective on an experimental basis for a reasonable period.

(4) Where speed of issuance is essential, and numerous changes required in this Chapter 13 cannot be made promptly.

(b) Procurement policies and procedures issued under the authority of paragraph (a) (4) of this section will be codified into this Chapter 13 at the earliest practicable date, but in any event not later than 6 months from date of issuance. § 13-1.006 Issuance. 8 13–1.006–1 Code arrangement.

Department of Commerce Procurement Regulations which basically or significantly implement, supplement or deviate from the Federal Procurement Regulations, Chapter 1 of this title of the Code of Federal Regulations, will be published as this Chapter 13 of Title 41, Code of Federal Regulations. $ 13–1.006–2 Publication.

This Chapter 13 of Title 41, Code of Federal Regulations will be published in the daily issues of the FEDERAL REGISTER, and in cumulated form in the Code of Federal Regulations. § 13–1.006–3 Copies.

Copies of the Department of Commerce 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.

$ 13–1.007 Arrangement.

appropriate digit 13 part, subpart, sec$ 13–1.007-1 General plan.

tion, and subsection. Such suffixes will

be assigned when regulations of this type The Department of Commerce Pro- are issued. curement Regulations (COMPR) employ the same numbering system and nomen

§ 13–1.009 Deviations. clature

as the Federal Procurement Deviations from the FPR and COMPR Regulations and conform with FEDERAL shall be kept to a minimum and conREGISTER standards approved for the trolled as follows: FPR.

(a) Deviations in both individual cases $ 13-1.007–2 Numbering.

and classes of cases must be approved in

advance by the Office of Administrative (a) This Chapter 13 has been allocated

Services. Requests for approval of such to the Department of Commerce for im

deviations may be initiated by the heads plementing, supplementing and deviat

of primary operating units or by the ing from Chapter 1 of this title 41 CFR,

heads of their procuring activities. They the Federal Procurement Regulations.

shall be submitted to the Office of Ad(b) Where the COMPR implements ministrative Services. Requests shall (or deviates from) a part, subpart, sec- cite the specific parts of the FPR or tion, or subsection of the FPR, the im- COMPR from which it is desired to deplementing part, subpart, section, or viate, shall set forth the nature of the subsection of COMPR will be numbered deviations, and shall give the reasons for (and captioned) to correspond to the the action requested. part, subpart, section, or subsection of (b) If a requested deviation is conChapter 1, of this Title 41, CFR, the sidered appropriate, approval will be acFPR.

complished as follows: (c) Where the subject matter con- (1) Where the deviation applies to an tained in a part, subpart, section, or individual case, approval will be granted subsection of FPR requires no implemen- by memorandum addressed to the retation, the COMPR will contain no cor- questing officer with copies to interested responding part, subpart, section, or sub- offices. The contract file of the requestsection number and the subject matter ing office shall include a copy of the as published in the FPR governs.

request and approval. (d) COMPR's which supplement the (2) Where the deviation applies to a FPR will be assigned an appropriate class of cases, necessary coordination number and title different from any as- with the General Services Administrasigned to an FPR.

tion will be accomplished by the Office of

Administrative Services. Such class de§ 13–1.007–3 Citation.

viations will be issued as a part of Department of Commerce Procure- COMPR. ment Regulations will be cited in accord- (3) Where circumstances preclude the ance with FEDERAL REGISTER standards obtaining of prior concurrence of the approved for the FPR. Thus this sec- GSA, to a class of cases, the Office of Adtion, when referred to in sections of the ministrative Services may authorize a Department of Commerce Procurement deviation. In such an instance, the OfRegulations, should be cited as "13-1.007- fice of Administrative Services shall in3 of this chapter.” When this section is form the GSA of the deviation and cirreferred to formally in official documents, cumstances under which it was required. such as legal briefs, it should be cited as (c) The requesting office will be noti“41 CFR 13–1.007-3." Any section of fied by memorandum, with copies to Department of Commerce Procurement other interested offices, whenever a reRegulations may be informally identified, quested deviation is disapproved. for purposes of brevity, as COMPR fol- (d) In emergency situations involving lowed by the section number, i.e., individual cases, deviation approvals may “COMPR 13–1.007–3."

be processed by telephone and later con$ 13-1.008 Agency implementation.

firmed in writing.

(e) Requests for deviations may be $ 13–1.008–1 Suffixes.

made at any time. New FPR issuances COMPR's which may be issued to pro

should be reviewed upon receipt, so that vide for special requirements of indi- requests for deviations can be acted upon vidual bureaus and offices will be identi- prior to the effective date, whenever fied by alphabetical suffixes to the practicable.


Part 14-1 General. 14–2 Procurement by Formal Advertising. 14-3 Circumstances Permitting Negotiation. 14–6 Foreign Purchases. 14-7 Contract Clauses. 14-8 Termination of Contracts. 14–10 Bonds and Insurance. 14-11 Federal, State, and Local Taxes. 14-30 Contract Financing.

PART 14-1-GENERAL Sec. 14-1.000 Scope of part.

Subpart 14-1.0-Regulation System 141.001 Scope of subpart. 14–1.002 Purpose. 14-1.003 Authority. 14-1.004 Applicability. 14-1.006 Issuance. 14-1.006-1 Code arrangement. 141.006–2 Publication. 14-1.007 Arrangement. 14-1.007-1 General plan. 141.007-2 Numbering. 14-1.007–3 Citation. 14-1.009 Deviation. 14-1.009-2 Procedure.

Subpart 14-1.2-Definition of Terms 14–1.204 Agency. 14 1.205 Procuring activity. 14–1.206 Head of the procuring activity.

Subpart 14–1.3—General Policies 14–1.302 Procurement sources. 14–1.302–3 Contracts between the Govern

ment and Government employees or business concerns substantially owned or controlled by Government employees.

Sec. 14–1.305–50 Interior specifications. 14-1.305-51 Index to Federal Specifications

and Standards. 14–1.305–52 Availability of copies of specia.

fications and standards. 14-1.315 Use of liquidated damages pro

visions in procurement con

tracts. 14-1.315-2 Policy. Subpart 14-1.4-Procurement Responsibility and

Authority 14–1.401 Responsibility of the head of

the procuring activity. 14-1.402 Authority of contracting officers. 14–1.404 Selection, designation, and ter

mination of designation of

contracting officers, 14-1.404-1 Selection. 14–1.404–2 Designation. 14–1.404–3 Termination of designation. 14–1.404–4 Assignment of duties to con-.

tracting officers. 14-1.405 Ratification of unauthorized

contract awards. 14–1.450 Contracting officer's represent

atives. 14–1.450–1 Designation. 14-1.450-2 Authority and limitations. 14–1.450-3 Terminations of designations.

[blocks in formation]
« PreviousContinue »