AUTHORITY: The provisions of this Part 1 issued under R.S. 161, sec. 2202, 70A Stat. 120; 5 U.S.C. 22, 10 U.S.C. 2202. Interpret or apply secs. 2301-2314, 70A Stat. 127-133; 10 U.S.C. 2301-2314.

Subpart A-Introduction

§ 1.100 Scope of subpart.

This subpart sets forth (a) introductory information pertaining to the subchapter (its purpose, applicability, content, and arrangement), and (b) instructions for amending, implementing, disseminating, and deviating from the subchapter.

[25 F.R. 14079, Dec. 31, 1960]

§ 1.101 Purpose of subchapter.

This subchapter, issued by the Assistant Secretary of Defense (Installations and Logistics) by direction of the Secretary of Defense and in coordination with the Secretaries of the Army, Navy, and Air Force and the Director of the Defense Supply Agency, establishes for the Department of Defense, uniform policies and procedures relating to the procurement of supplies and services under the authority of Chapter 137, Title 10 of the United States Code, or under other statutory authority.

[27 F.R. 11643, Nov. 27, 1962]

§ 1.102

Applicability of subchapter.

This subchapter shall apply to all purchases and contracts made by the Department of Defense, within or outside the United States (but see § 1.109-4), for the procurement of supplies or services which obligate appropriated funds (including available contract authorizations), unless otherwise specified herein, except transportation services procured by transportation requests, transportation warrants, bills of lading, and similar transportation forms. (Procurement of these excepted transportation services shall be in accordance with specific regulations and instructions issued by the Defense Traffic Management Service (DTMS), Military Sea Transportation Service (MSTS), Military Air Transport Service (MATS), and the Departments.) [27 F.R. 3443, Apr. 11, 1962]

The subchapter is divided into parts, each one of which deals with a separate aspect of procurement, and each part is further subdivided into subparts and sections.

[25 F.R. 14079, Dec. 31, 1960]

§ 1.103-5 Dating contract clauses.

Contract clauses in this subchapter are identified by showing the month and year of issuance of the clause, as most recently revised, in parentheses immediately after the title, e.g. Incentive Price Revision (Jul. 1958). Where an alternative paragraph is provided for insertion in a clause, the identifying date is shown in parentheses immediately following the text of the paragraph. In 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 Directives, 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 Circular.

(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 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 Instructions and ASPR Implementations.

(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); for the 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]