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(b) Matters dealing with Federal assistance programs where instruments other than procurement contracts will be awarded.

(c) Instructional or training material that explains more fully matters covered in the FPR and ERDA-PR.

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(a) ERDA-PRS implement and supplement the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Absence of a corresponding part, subpart, section, etc., in the ERDA-PR indicates that the FPR material is applicable as written. Supplementing material is that for which there is no counterpart in the FPR.

(b) The effective date of FPR issuances throughout ERDA will be the date indicated in the respective issuances unless otherwise provided in the ERDA Procurement Regulations. FPR material will be repeated, paraphrased, or otherwise stated in the ERDA-PR only to the extent necessary to implement or to indicate deviation from the FPR. ERDA-PR material will be effective throughout ERDA on the date indicated in the respective issuances.

$9-1.006-2 Publication.

The ERDA Procurement Regulations appear in the Code of Federal Regulations as Chapter 9 of Title 41, Public Contracts and Property Management, and are published in the daily issues of the Federal Register, in cumulative form in the Code of Federal Regulations, and in separate looseleaf volume form.

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Copies of the consolidated ERDA Procurement Regulations may be obtained from Division of Procurement, Rm. C-167, US ERDA, Washington, D.c. 20545.

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The ERDA Procurement Regulations employ the same numbering system and nomenclature used in the FPR, and conform with Federal Register standards approved for the FPR.

99-1.007-2 Numbering.

(a) Where the ERDA Procurement Regulations implement the FPR, the implementing part, subpart, section or subsection of the ERDA-PR will be numbered and captioned, to the extent possible, to correspond to the part, subpart, section, or subsection of the FPR.

(b) Where the ERDA-PR supplements the FPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved.

(c) Where the subject matter contained in a part, subpart, section, or subsection of the FPR requires no implementation, the ERDA-PR will contain no corresponding part, subpart, section, or subsection. number and the subject matter as published in the FPR governs.

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(a) Procurement policies and procedures will be issued in the ERDA-PR by the senior procurement official, Headquarters, after appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel) when necessary to accomplish departmentwide procurement objectives.

. (b) Policies and procedures which are necessary to implement and supplement the ERDA-PR within ERDA field or. Headquarters organizations may be issued by the head of the procuring activity. Heads of procuring activities will have the authority to establish the review and approval levels, for various procurement actions, within his own organization, up to the dollar authority level delegated to him by the head of the agency and/or the senior procurment official, Headquarters, providing the policies and procedures:

(1) are consistent with the policies and procedures contained in this regulation as implemented and supplemented from time to time;

(2) to the extent practicable, follow the format, arrangement, and numbering system of this regulation; and

(3) contain no material which duplicates, paraphrases, or is inconsistent with the contents of this regulation.

$9-1.009 Deviation.
99-1.009-2 Procedure.

(b)(1) In individual cases, deviations from either the FPR or the ERDA-PR will be authorized only when essential to effect necessary

procurement or where special circumstances make such deviations clearly in the best interest of the Government. Such deviations will be approved by the head of the procuring activity, after coordination with counsel and such other ERDA personnel as required (e.g. Controller), with a copy to the senior procurement official, Headquarters. For deviations from policies and procedures or clauses involving patents, data, and copyrights, the concurrence of the Assistant General Counsel for Patents shall be obtained as provided in 89-9.107-4 (K).

(2) Requests for authority to deviate from the provisions of the FPR or the ERDA-PR shall be submitted as far in advance as the exigencies of the situation will permit. Each request for deviation shall contain the following:

(i) a statement of the deviation desired, including identification of the specific paragraph number(s) of the FPR or ERDA-PR;

(ii) the reason why the deviation is considered necessary or would be in the best interests of the Government;

(iii) if applicable, the name of the contractor and identification of the contract affected;

(iv) a statement as to whether the deviation has been requested previously and, if so, circumstances of the previous request;

(v) a description of the intended effect of the deviation;

(vi) a statement of the period of time for which the deviation is needed; and

(vii) any pertinent background information which will contribute to a full understanding of the desired deviation.

(c) Where deviations from the FPR or ERDA-PR in classes of cases are considered necessary, requests for authority to deviate shall be submitted to the senior procurement official, Headquarters, who will, after appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel), consider the submission jointly with the General Services Administration (GSA) as appropriate, Class deviations to the FPR or the ERDA-PR involving patents, data, and copyrights shall be forwarded to the senior procurement official, Headquarters, via the Assistant General Counsel for Patents. Where circumstances preclude obtaining prior concurrence of GSA as required, the senior procurement official, Headquarters, may authorize deviation and shall inform GSA of the deviation including the circumstances under which it was required.

$9-1.050 Amendment of regulation.

This regulation may be amended from time to time by the senior procurement official, Headquarters, after appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel).

99-1.051 Other ERDA publications.

$9-1.051-1 Procurement circulars, handbooks, and procurement letters.

Policies, procedures, and information concerned primarily with procurement may be published in ERDA procurement circulars, handbooks, and procurement letters generally under the following circumstances:

(a) Procurement circulars - To provide coverage on an interim basis, pending subsequent incorporation in this regulation;

(b) Procurement handbooks - To provide extensive treatment of a subject that is not suitable for inclusion in this regulation;

(c) Procurement letters - To provide instructions or clarifications in regard to specific areas.

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(a) In accordance with the authority in $9-1.051-1 above, a Procurement Circular, supplementary to this regulation, shall be published as often as may be necessary or advisable for distribution to all recipients of this regulation. Material to be published in each circular shall first be approved by the senior procurement official, Headquarters, after appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel).

(b) PCs will be identified by the prefix letter "PC", followed by the last two digits of the calendar year in which issued and will be numbered consecutively. For example, the first PC issued in calendar 1978 will be identified as PC 78-1.

$9-1.501-3 Procurement Handbooks.

(a) In accordance with the authority in $9-1.051-1 above, the senior procurement official, Headquarters, after appropriate concurrences from other officials (e.g., counsel, controller, and interested program personnel) may publish Procurement Handbooks (PH) from time to time. These shall be distributed to all recipients of the ERDA-PR.

(b) Handbooks will be identified by the prefix letter "PH" and will be keyed to the appropriate ERDA-PR subpart. For example, a handbook on profit and fee analysis would bear the identity PH 93.808.

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(a) In accordance with the authority in $9-1.051-1 above, the senior procurement official, Headquarters, or designee, may issue Procurement Letters from time to time. Procurement letters are concerned with internal practices and procedures which are not suitable for publication in this regulation. They will remain in effect until cancelled.

(b) Procurement Letters will be identified by the prefix letter "PL", followed by the last two digits of the calendar year in which issued and will be numbered consecutively. For example, the control number of the first letter issued in calendar 1978 will be PL 78-1. When appropriate, the applicable subpart of the ERDA-PR will be identified in the subject line.

Subpart 9-1.2 Definition of Terms

$9-1.201 Definitions.

For the purposes of this chapter, and unless otherwise indicated, the following terms have the meaning set forth in this subpart. FPR definitions not implemented herein also apply to this chapter.

$9-1.204 Head of the agency.

"Head of the agency" means the Administrator or Deputy Administrator.

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"Head of the procuring activity" has two meanings as used herein. The head of the procuring activity for the Energy Research and Development Administration located at Headquarters is the Director of Procurement. Heads of procuring activities for other than headquarters means those Senior field officials, such as field office managers and Directors of Energy Research Centers which have the authority to award contracts.

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"Senior program official" means the Assistant Administrators and heads of ERDA staff offices, or designees.

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