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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.
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
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
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
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.
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)
§ 1.102 Applicability of subchapter.
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
tions), unless otherwise specified herein,
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.
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
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
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)