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Sec.
1.704-3 Small business specialists.
1.705

Cooperation with the Small Busi

ness Administration, 1.705-1 General. 1.705–2 SBA representatives. 1.705-3 Screening of procurements. 1.705-4 Certificates of competency. 1.705-5 Performance of contract by SBA. 1.706 Set-asides. 1.706-1 General. 1.706-2 Contract authority. 1.706-3 Review, withdrawal, or modifica

tion of set-asides or modifica

tion of set-aside proposals. 1.706-4 Reporting for Department of Com

merce procurement synopsis. 1.706-5 Total set-asides. 1.706-6 Partial set-asides. 1.706-7 Automatic dissolution of set-asides. 1.707 Subcontracting with small busi

ness concerns. 1.707-1 General. 1.707-2 Small business subcontracting

program. 1.707-3 Required clauses. 1.707-4 Responsibility for reviewing sub

contracting program. 1.707–5 Reports on DD Form 1140-1. 1.707-6 Subcontracting studies and sur

veys. 1.707-7 SBA review of agency records. 1.708 Mobilization planning.

Subpart H-Labor Surplus Area Concerns 1.800 Scope of subpart. 1.801 Definitions. 1.801-1 Labor surplus area concern. 1.801-2 Labor surplus area. 1.801-3 Small business concern. 1.802 General policy. 1.803 Application of policy. 1.804 Partial set-asides for labor surplus

Subpart Responsible Prospective Contractors Sec. 1.900 Scope of subpart. 1.901 Applicability. 1.902 General policy. 1.903 Minimum standards for respon

sible prospective contractors. 1.903–1 General standards. 1.903-2 Additional standards for produc

tion, construction, and research

and development contracts. 1.903-3 Ability to meet certain minimum

standards. 1.903-4 Affiliated concerns. 1.904 Determinations of responsibility

and nonresponsibility. 1.904-1 Requirement. 1.904-2 Exceptions. 1.905 Procedures for determining re

sponsibility of prospective con

tractors. 1.905-1 General. 1.905-2 When information will be ob

tained. 1.905-3 Sources of information. 1.905-4 Pre-award surveys. 1.906 Subcontractor responsibility. 1.907 Disclosure of pre-award data.

Subpart -Publicizing Procurement Actions 1.1001

area concerns. 1.804-1 General. 1.8042 Set-aside procedures. 1.804-3 Withdrawal of set-asides. 1.8044 Contract authority. 1.805 Subcontracting with labor surplus

concerns. 1.805-1 General policy. 1.805-2 Labor surplus area subcontracting

program. 1.805-3 Required clauses. 1.805-4 Responsibility for reviewing sub

contracting program. 1.806 Depressed industries. 1.806-1 General. 1.806-2 Apparel industry (Notification No.

53). 1.806-3 Petroleum and petroleum prod

ucts Industry (Notification No.

58). 1.80644 Shipbuilding and repairing in

dustry (Notification No. 57). 1.806-5 Textile industry (Notification No.

38).

General policy. 1.1002 Dissemination of information re

lating to invitations for bids and

requests for proposals. 1.1002-1 Availability of invitations for bids

and requests for proposals at the

contracting office. 1.1002-2 Limited availability of certain

specifications, plans, and draw

ings. 1.1002–4 Displaying in public place. 1.1002-5 Information releases to newspapers

and trade journals. 1.1002–6 Paid advertisements in newspapers

and trade journals. 1.1003 Synopses of proposed procure

ments. 1.1003-1 General. 1.1003-2 Time of publicizing. 1.1003-3 Pre-invitation notices. 1.1003-4 Advance notice for research and

development. 1.1003-5 Publication of procurements of

less than $10,000. 1.1003–6 Synopses of subcontract oppor

tunities. 1.1003-7 Availability of specifications,

plans, and drawings. 1.1008–8 Responsibility of small business

specialists. 1.1003–9 Preparation and transmittal. 1.1004 Disclosure of information prior to

award.
1.1005 Publicizing award information.
1.1005–1 Synopsis of contract awards.
1.1005-2 Other publication of award infor.

mation.
1.1006 Members of Congress.

Subpart K--Qualified Products Sec. 1.1101 General. 1.1102 Responsibility for qualification. 1.1103 Justification for inclusion of qual

ification requirements. 1.1104 Availability of lists. 1.1105 Opportunity for qualification. 1.1106 Clarification of qualification re

quirements. 1.1107 Procurement of qualified products. 1.1107–1 General. 1.1107-2 Notice. 1.1107-3 Effect of debarment or suspension. 1.1108 Walver of qualification require

ments. 1.1109 Inadequate competition. 1.1110 Reporting nonconformance with

specification requirements. 1.1111 Misuse of qualified products list

information.

Subpart 1-Specifications, Plans, and Drawings 1.1201 General. 1.1202 Mandatory specifications. 1.1203 Availability of specifications, plans,

and drawings. 1.1204 Packaging requirements. 1.1205 Offshore procurement. 1.1206 Purchase descriptions. 1.1206-1 General. 1.1206-2 Brand name or equal purchase de

scription. 1.1206-3 Invitation for bids "Brand Name

or Equal" Purchase Descriptions. 1.12064 Bid evaluation and award_"brand

name or equal" purchase descrip

tions. 1.1206-5 Procedure for negotiated procure

ments. 1.1207 Alternate articles or qualities. 1.1208 Procurement of used and recon

ditioned material and former

Government surplus property.

Subpart M-Transportation 1.1301 General. 1.1302 Place of delivery. 1.1302-1

Shipments within the United

States. 1.1302-2 Shipments from the United States

for oversea delivery. 1.1302-3 Shipments originating outside

the United States. 1.1303 Quantity analysis. 1.1304 Commodity description. 1.1305 Delivery terms. 1.1305-1 General. 1.1305-2 F.o.b. origin or destination. 1.1305-3 F.o.b. destination. 1.1305 4 F.o.b. origin. 1.1305-5 Destination unknown. 1.1306 Consignment and marking in

structions. 1.1307 Scheduling of deliveries to per

mit consolidation of shipments. 1.1308 Transit arrangements. 1.1309 Volume movements within the

United States.

Sec. 1.1310 Crosshauling and backhauling. 1.1311 Unusually large or heavy ship

ments. 1.1312 Mode of transportation. 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

(MIL-STAMP). 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. 1.1405-1 Contracting officer. 1.1405–2 Department of the Navy. 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 Novation agreements and change

of name agreements affecting more than one department.

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 providing for escalation.

Sec.

8 1.101 Purpose of subchapter. 1.1705–2 Value engineering incentive clause for fixed-price incentive con

This subchapter, issued by the Assisttracts (firm targets).

ant Secretary of Defense (Installations 1.1705-3 Value engineering incentive clause and Logistics) by direction of the Secre

for fixed-price incentive con- tary of Defense and in coordination tracts (successive targets).

with the Secretaries of the Army, Navy, 1.1705–4 Value engineering incentive clause

and Air Force and the Director of the for fixed-price contracts pro

Defense Supply Agency, establishes for viding for prospective price redetermination.

the Department of Defense, uniform 1.1705–5 Value engineering incentive clause policies and procedures relating to the

for cost-plus-incentive-free con- procurement of supplies and services tracts.

under the authority of Chapter 137, 1.1706 Value engineering program re- Title 10 of the United States Code, or quirement clauses.

under other statutory authority. 1.1706_1 Value engineering program re

(27 F.R. 11643, Nov. 27, 1962)
quirement clause for use in cost-
plus-fixed-free contracts.

§ 1.102 Applicability of subchapter.
1.1706–2 Value engineering program re-
quirement clause for use in cost-

This subchapter shall apply to all purplus-incentive-fee contracts. chases and contracts made by the De1.1706-3 Value engineering program re- partment of Defense, within or outside

quirement clause for use in the United States (but see $ 1.109–4), fixed-price incentive (firm tar- for the procurement of supplies or servgets) contracts.

ices which obligate appropriated funds 1.1706-4 Value engineering program re

(including available contract authorizaquirement clause for

use
in

tions), unless otherwise specified herein,
fixed-price incentive (successive
targets) contracts.

except transportation services procured 1.1706-5 Value engineering program

by transportation requests, transporta

requirement clause for use in tion warrants, bills of lading, and similar fixed-price contracts other than transportation forms. (Procurement of fixed-price incentive contracts. these excepted transportation services

shall be in accordance with specific regSubpart R-Post-Award Orientation of Contractors

ulations and instructions issued by the 1.1801 Scope of subpart.

Defense Traffic Management Service 1.1802 Policy.

(DTMS), Military Sea Transportation 1.1803 Post-award orientation confer- Service (MSTS), Military Air Transport ences.

Service (MATS), and the Departments.) 1.1803-1 Factors.

(27 F.R. 3443, Apr. 11, 1962] 1.1803-2 Initial action. 1.1803-3 Agenda.

$ 1.103 Arrangement of subchapter. 1.1803-4 Participants.

[25 F.R. 14079, Dec. 31, 1960] 1.1803-5 Conference procedure.

§ 1.103–1

General plan. 1.1804 Subcontract conferences. 1.1805 Forms and reports.

The subchapter is divided into parts, 1.1806 Post-award letters.

each one of which deals with a separate AUTHORITY: The provisions of this Part 1

aspect of procurement, and each part is issued under R.S. 161, sec. 2202, 70A Stat.

further subdivided into subparts and 120; 5 U.S.C. 22, 10 U.S.C. 2202. Interpret or sections. apply secs. 2301-2314, 70A Stat. 127-133; 10 [25 F.R. 14079, Dec. 31, 1960) U.S.C. 2301-2314.

$ 1.103–5 Dating contract clauses. Subpart A-Introduction

Contract clauses in this subchapter are $ 1.100 Scope of subpart.

identified by showing the month and

year of issuance of the clause, as most This subpart sets forth (a) introduc

recently revised, in parentheses immeditory information pertaining to the sub- ately after the title, e.g. Incentive Price chapter (its purpose, applicability, con- Revision (Jul. 1958). Where an altertent, and arrangement), and (b) in

native paragraph is provided for instructions for amending, implementing, sertion in a clause, the identifying date disseminating, and deviating from the

is shown in parentheses immediately folsubchapter.

lowing the text of the paragraph. In (25 F.R. 14079, Dec. 31, 1960)

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. [25 F.R. 14079, Dec. 31, 1960) $ 1.104 Content of subchapter.

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 the subchapter by and within the Military Departments, the Defense Supply Agency, and the Defense Communications 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. (29 F.R. 6911, May 27, 1964) $ 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 unu

sual 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 Di

rectives, Instructions, and Circulars. Policies, procedures, and information concerned primarily with procurement may be published in Department of Defense Directives, Instructions, 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) $ 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

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revision to this subchapter; or unless otherwise specifically stated therein. [29 F.R. 6911, May 27, 1964) § 1.107 Dissemination and effective date

of the regulation and revisions. The Armed Services Procurement Regulation, and revisions thereof, will be distributed by the Departments to all interested activities

and

individuals within the Department of Defense. The Departments shall obtain from the Government Printing Office the number of copies of the regulation, and revisions thereof, required to make this distribution. Private firms, individuals, and others outside the Department of Defense may obtain copies by purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402. Revisions of the regulation shall be effective at all applicable echelons 90 days after date of issuance, unless otherwise prescribed in any such revisions. [29 F.R. 14815, Oct. 31, 1964) $ 1.108 Departmental Procurement In

structions and ASPR Implementa

tions. (a) The Departments and their subordinate organizations shall not issue instructions, including directives, regulations, contract forms, contract clauses, policies, or procedures implementing this subchapter or covering the procurement of supplies or services or the administration of contracts for such supplies or services, unless permitted by one of the following and if consistent with paragraph (b) of this section:

(1) Internal procurement management instructions such as designations and delegations of authority, assignments of responsibilities; work flow procedures, and internal reporting requirements;

(2) Any special contract clause of a nonrepetitive nature designed specifically to accomplish the peculiar requirements of an individual procurement, provided a clause relating to the subject matter is not set forth in this subchapter.

(3) Interim instructions having an effective duration not exceeding six months (unless approved for a longer period by the ASPR Committee) essential to meet current operational needs or to effect greater efficiency in procure

ment management, including service tests of new techniques or methods of procurement, provided such instructions are submitted prior to issuance or immediately thereafter for consideration by the ASPR Committee;

(4) Procurement procedures specifically identified as being essential for carrying out the peculiar needs of specialized commodity areas when authorized by: for the Army, Director of Procurement, Office of the Assistant of the Army (Installations and Logistics); for the Navy, Deputy Chief of Naval Material (Material and Facilities); for the Air Force, Director of Procurement Policy, Office of the Deputy Chief of Staff (Systems and Logistics); fo he Defense Supply Agency, Executive Director, Procurement and Production, and notification is given to the ASPR Committee immediately upon such authorization for the purpose of determining whether such procedures should be included in this subchapter;

(5) Procurement instructions specifically identified as being essential for carrying out the peculiar needs of overseas commands when authorized by the cognizant unified commander and notification is given to the ASPR Committee immediately upon such authorization for the purpose of determining whether such instructions should be included in this subchapter;

(6) Material determined by the ASPR Committee to be inappropriate for ASPR coverage, but appropriate for inclusion in departmental publications.

(b) Instructions issued in accordance with paragraph (a) of this section shall not contain material which duplicates, is inconsistent with, or increases or restricts the use of, any authority contained in this subchapter;

(c) Each Department shall furnish to the other Departments one copy of each Departmental procurement instruction issued in accordance with paragraphs (a) and (b) of this section.

(d) Each Department shall screen all existing instructions as well as those subsequently issued pursuant to paragraphs (a) through (c) of this section to assure strict compliance with this section, and for the purpose of determining if the subject matter is appropriate for inclusion in this subchapter. [29 F.R. 6911, May 27, 1964, as amended at 29 F.R. 14815, Oct. 31, 1964)

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