differs from material in Chapter 1 of this title (FPR) shall be regarded as a deviation only if explicitly referenced to be a deviation. (b) "Supplementation" means COMPR coverage of matters which have no counterpart in the FPR. (c) "Deviation" is defined in FPR 1-1.009-1. § 13-1.004-4 Interim applications. The regulations in this chapter apply to all Department of Commerce procurement actions, within and outside the United States, except as otherwise specified herein; however, existing Department of Commerce procurement regulations, procedures, instructions, and requirements, not in conflict with FPR, will remain in effect until superseded by an appropriate COMPR, or otherwise rescinded. (a) Certain Department of Commerce procurement policies and procedures which come within the scope of this · Chapter 13 nevertheless may be excluded when justified. These exclusions may include the following categories: (1) Subject matter bearing a security classification. (2) Policies or procedures effective for a period of less than 6 months. (3) Policies or procedures effective on an experimental basis for a reasonable period. (4) Where speed of issuance is essential, and numerous changes required in this Chapter 13 cannot be made promptly. (b) Procurement policies and procedures issued under the authority of paragraph (a) (4) of this section will be codified into this Chapter 13 at the earliest practicable date, but in any event not later than 6 months from date of issuance. This Chapter 13 of Title 41, Code of Federal Regulations will be published in the daily issues of the FEDERAL REGISTER, and in cumulated form in the Code of Federal Regulations. § 13-1.006-3 Copies. Copies of the Department of Commerce 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. § 13-1.007 Arrangement. The Department of Commerce Procurement Regulations (COMPR) employ the same numbering system and nomenclature as the Federal Procurement Regulations and conform with FEDERAL REGISTER Standards approved for the FPR. § 13-1.007-2 Numbering. (a) This Chapter 13 has been allocated to the Department of Commerce for implementing, supplementing and deviating from Chapter 1 of this title 41 CFR, the Federal Procurement Regulations. (b) Where the COMPR implements (or deviates from) a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of COMPR 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 subject matter contained in a part, subpart, section, or subsection of FPR requires no implementation, the COMPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs. (d) COMPR's which supplement the FPR will be assigned an appropriate number and title different from any assigned to an FPR. approved for the FPR. Thus this section, when referred to in sections of the Department of Commerce Procurement Regulations, should be cited as "13-1.0073 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 13-1.007-3." Any section of Department of Commerce Procurement Regulations may be informally identified, for purposes of brevity, as COMPR followed by the section number, i.e., "COMPR 13-1.007-3." § 13-1.008 Agency implementation. § 13-1.008-1 Suffixes. COMPR's which may be issued to provide for special requirements of individual bureaus and offices will be identified by alphabetical suffixes to the appropriate digit 13 part, subpart, section, and subsection. Such suffixes will be assigned when regulations of this type are issued. Deviations from the FPR and COMPR shall be kept to a minimum and controlled as follows: (a) Deviations in both individual cases and classes of cases must be approved in advance by the Office of Administrative Services. Requests for approval of such deviations may be initiated by the heads of primary operating units or by the heads of their procuring activities. They shall be submitted to the Office of Administrative Services. Requests shall cite the specific parts of the FPR or COMPR from which it is desired to deviate, shall set forth the nature of the deviations, and shall give the reasons for the action requested. (b) If a requested deviation is considered appropriate, approval will be accomplished as follows: (1) Where the deviation applies to an individual case, approval will be granted by memorandum addressed to the requesting officer with copies to interested offices. The contract file of the requesting office shall include a copy of the request and approval. (2) Where the deviation applies to a class of cases, necessary coordination with the General Services Administration will be accomplished by the Office of Administrative Services. Such class deviations will be issued as a part of COMPR. (3) Where circumstances preclude the obtaining of prior concurrence of the GSA, to a class of cases, the Office of Administrative Services may authorize a deviation. In such an instance, the Office of Administrative Services shall inform the GSA of the deviation and circumstances under which it was required. (c) The requesting office will be notified by memorandum, with copies to other interested offices, whenever a requested deviation is disapproved. (d) In emergency situations involving individual cases, deviation approvals may be processed by telephone and later confirmed in writing. (e) Requests for deviations may be made at any time. New FPR issuances should be reviewed upon receipt, so that requests for deviations can be acted upon prior to the effective date, whenever practicable. § 14-1.101 Authority. Title III of the Federal Property and Administrative Services Act of 1949 provides a procurement system applicable to purchases of personal property and services by the General Services Administration and by other executive agencies to which the Administrator of General Services, pursuant to section 302(a) (2) of the Act, has delegated authority to apply the provisions of Title III. The Administrator on March 10, 1959, issued Delegation of Authority 363 (24 F.R. 1921, March 17, 1959) authorizing all executive agencies (except those governed by the Armed Services Procurement Act) to utilize the provisions of Title III, other than section 305, relating to advance payments. The Federal Procurement Regulations System was established by the Administrator in March 1959 (Procurement Circular 1, 24 F.R. 1933, March 17, 1959), to prescribe policies and methods of procurement by all executive agencies acting under the Federal Property and Administrative Services Act of 1949. Executive agencies are authorized by FPR 1-1.008 to prescribe agency regulations to implement, supplement, and deviate from Federal Procurement Regulations. For the Department of the Interior, the Secretary of the Interior is empowered by law to prescribe such regulations (5 U.S.C. 22). § 14-1.102 Adoption of the Federal Procurement Regulations System. Pursuant to authority delegated by the Administrator of General Services, the provisions of Title III of the Federal Property and Administrative Services Act of 1949 and Federal Procurement Regulations shall, unless an exception is made by the Secretary for any purchase or class of purchases, govern the procurement of personal property and non-personal services (including construction) by all bureaus and offices of the Department of the Interior. § 14-1.103 Relationship. (a) Chapter 14 implements and supplements the FPR. Material published in the FPR, which has Government-wide applicability, becomes effective throughout the Department of the Interior upon the effective date of the particular FPR issuance. Such material will not be repeated, paraphrased, or otherwise stated in Chapter 14 except to the extent necessary to implement, supplement or authorize deviations from the FPR. (b) Procurement instructions necessary to implement or supplement the FPR and Chapter 14 will be issued by the Office of the Administrative Assistant Secretary, when necessary to accomplish Department-wide procurement objectives. Such issuances will be promulgated in the Departmental Manual. (c) Instructions necessary to supplement the FPR, Chapter 14, and the Departmental Manual will be issued by the heads of the bureaus and contracting offices, and by their delegates in subordinate offices. § 14-1.104 Applicability. (a) Chapter 14 applies to all purchases and contracts made by any bureau or office of the Department of the Interior for the procurement of personal property and nonpersonal services (including construction). Unless otherwise specified, it applies to purchases and contracts within and outside the United States. (b) This chapter shall not be construed or applied in such a way as to impair the exercise of special statutory authority governing the production, sale or exchange of electric energy, the processing and sale of helium gas, or the production and sale of water or other products under the saline water program. § 14-1.105 Method of issuance. All Chapter 14 material deemed necessary for business concerns and others interested to understand basic and significant Department of the Interior procurement policies and procedures will be published in the FEDERAL REGISTER. Other related material will be promulgated in the Departmental Manual, and copies of such material will be made available to interested individuals or organizations upon request. § 14-1.107-1 Numbering. (a) The numbering system used in Chapter 14 conforms to that of the FPR. Thus, a particular procurement policy or procedure will be identified by the same number in Chapter 14 as in FPR, except that the first digit of the number is 1 (FPR) or 14 (Department of the Interior). (b) Similarly, procedure and instructions which may be issued by the bureaus and offices of the Department of the Interior will be identified by alphabetical designations immediately following the Departmental Code (14), as illustrated below: 14M Alaska Railroad. 14N 14R Office of Saline Water. 14S 14T 14U 14W National Park Service. Bureau of Outdoor Recreation. Bureau of Reclamation. Bonneville Power Administration. Southeastern Power Administration. Southwestern Power Administration. [27 F.R. 776, Jan. 26, 1962, as amended at 29 F.R. 2452, Feb. 14, 1964] |