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11-1.317

11-1.318

Records of contract actions.
Use of liquidated damages pro-
visions in procurement con-
tracts.

Noncollusive bids and proposals. Contracting officer's decision under a disputes clause. 11-1.320-50 Reporting possible violations. 11-1.350

Patents.

11-1.351 Variation in quantity. 11-1.352 Industrial security.

Subpart 11-1.5-Contingent Fees

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Scope of subpart.

Definition.

Agreement to recognize a successor in interest.

11-1.5104 Agreement to recognize change of name of contractor. Procedures.

11-1.5105 11-1.5106

Sample letter requesting issuance of change order. 11-1.5107 Sample change order format. Subpart 11-1.0-Regulation System

AUTHORITY: The provisions of this Subpart 11-1.0 issued under 14 U.S.C. 633, 10 U.S.C. 137; Federal Property and Administrative Services Act of 1949.

SOURCE: The provisions of this Subpart 11-1.0 appear at 31 F.R. 14356, Nov. 8, 1966, unless otherwise noted.

§ 11-1.001 Scope of subpart.

This subpart describes the Coast Guard Procurement Regulations in terms of establishment, authority, applicability, issuance, arrangement implementation and supplementation of FPR, exclusions, deviations and other Coast Guard Procurement Instructions.

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Regulations (CGPR), implementing and supplementing the Federal Procurement Regulations, and states its relationship to the Federal Procurement Regulations and to other laws and regulations governing Coast Guard procurement. Certain portions of CGPR may contain cross-references to the Armed Services Procurement Regulation (ASPR) for purposes of guidance or in order to incorporate by reference material in the ASPR into CGPR.

(b) This subpart establishes the Federal Procurement Regulations, as implemented and supplemented by this Chapter 11 (Coast Guard Procurement Regulations), as the authorized regulations governing the procurement of supplies and services (including construction) by the Coast Guard from appropriated funds, effective July 1, 1963. § 11-1.003 Authority.

The Coast Guard Procurement Regulations (CGPR) are prescribed pursuant to the authority of 14 U.S.C. 633, Chapter 137 of Title 10 of the United States Code and the Federal Property and Administrative Services Act of 1949. § 11-1.004 Applicability.

The regulations in this subpart apply to Coast Guard procurement made within and outside the United States unless otherwise specified. Pending publication of implementing and supplementing instructions in this Chapter 11, and cancellation of existing Coast Guard procurement regulations, the procedures and regulations previously established, when not in conflict with FPR, will be used.

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(a) Certain Coast Guard procurement policies and procedures which come within the scope of this Chapter 11 nevertheless may be excluded therefrom when there is justification therefor. These exclusions may include the following categories:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than 6 months.

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

(4) Policies and procedures pertaining to other functions of the Coast Guard as

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Copies of the Coast Guard 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. Looseleaf form copies of this Chapter 11 will be distributed to Coast Guard activities as authorized by Coast Guard Headquarters.

§ 11-1.007 Arrangement.
§ 11-1.007-1 General plan.

The Coast Guard Procurement Regulations employ the same numbering system and nomenclature used in the Federal Procurement Regulations and conform with FEDERAL REGISTER standards approved for the FPR, except, that material published in looseleaf form for use only by Coast Guard activities which is not published in this Title 41, Code of Federal Regulations will be indicated by the letters "CG" preceding and following the material.

§ 11-1.007-2 Numbering.

(a) This Chapter 11 has been allocated to the Coast Guard for implementing and supplementing Chapter 1 of this Title 41 CFR, the Federal Procurement Regulations.

(b) Where the GCPR implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of CGPR will be numbered (and captioned) to correspond to the part, subpart, section, or subsection of Chapter 1 of this Title 41 CFR, the FPR.

(c) Where the CGPR supplements the FPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved.

(d) Where the subject matter contained in a part, subpart, section, or subsection of FPR requires no implementation, the CGPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs. § 11-1.007-3 Citation.

Coast Guard Procurement Regulations will be cited in accordance with FEDERAL REGISTER Standards approved for the FPR. Thus this section, when referred to in divisions of the Coast Guard Procurement Regulations, should be cited as "§ 11-1.007-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 11-1.007-3." Any section of the Coast Guard Procurement Regulations may be informally identified, for purposes of brevity, as CGPR followed by the section number, i.e., "CGPR 11-1.007-3."

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this title (FPR) shall be regarded as a deviation only if explicitly referenced to be a deviation.

means CGPR

(b) Supplementation coverage of matters which have no counterpart in the FPR.

§ 11-1.009 Deviations.
§ 11-1.009-1 Description.
See FPR 1-1.009-1.

§ 11-1.009-2 Procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR and CGPR shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from the FPR and CGPR may be authorized by the Commandant (FS), district commander and commanding officers of Headquarters units (having contracting authority), unless otherwise provided. This authority may not be redelegated.

(1) A supporting statement for each individual deviation, which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.

(2) A copy of the supporting statement for each individual deviation shall be forwarded to the Commandant (FS).

(b) In classes of cases, requests for deviations from the FPR and the CGPR shall be forwarded in triplicate to the Commandant (F), and shall be accompanied by an appropriate supporting statement. Request will be considered on an expedited basis, and appropriate coordination with Headquarters staff and operating divisions will be obtained. Requests involving the FPR will be considered jointly by the Coast Guard and the General Services Administration, unless, in the judgment of the Commandant (F), after due consideration of the objective of uniformity and program responsibilities of the Coast Guard, circumstances preclude such joint effort. in such cases, the Commandant (F) will approve such class deviations as he determines necessary and will appropriately notify the General Services Administration.

Subpart 11-1.1 [Reserved]

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