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Subtitle A-Federal Procurement

Regulations System

CHAPTER 1-FEDERAL PROCUREMENT REGULATIONS

Part 1-1 1-2 1-3 1-6 1-7 1-11 1-12 1-16

General.
Procurement by formal advertising.
Procurement by negotiation.
Foreign purchases.
Contract clauses.
Federal, State, and local taxes.
Labor.
Procurement forms.

[blocks in formation]

Sec. 1-1.206 Head of the procuring activity. 1-1.207 Contracting officer. 1-1.208 Contract. 1-1.209 Procurement. 1-1.210 (Reserved] 1-1.211 Manufacturer. 1–1.212 Regular dealer. 1-1.213 Construction contractor. 1-1.214 Service contractor. 1-1.215 Government instrumentality. 1-1.216 United States. 1-1.217 Possessions. 1-1.218 Negotiation. 1-1.219 Contract modification. 1-1.220 Procurement item.

Subpart 1-1.3—General Policies 1-1.300 Scope of subpart. 1-1.301 Methods of procurement. 1-1.302 Procurement sources. 1-1.302-1 General. 1-1.302–2 Production and research and de

velopment pools. 1-1.303 Approval signatures. 1-1.304 [Reserved.] 1-1.305 Specifications. 1-1.305-1 Mandatory use of Federal Specifi

cations. 1-1.305–2 Exceptions to mandatory use of

Federal Specifications. 1-1.305–3 Deviations from Federal Specifi

cations.

Subpart 1-1.1- (Reserved)

Subpart 1-1.2-Definition of Terms 1-1.201 Definitions. 1-1.202 Executive agency. 1-1.203 Federal agency. 1-1.204 Head of the agency. 1-1.205 Procuring activity.

Sec. 1-1.305-4 Optional use of Interim Federal

Specifications. 1-1.305-5 Use of Federal and Interim Fed.

eral Specifications in Federal

construction contracts. 1-1.305–6 Military and departmental speci

fications. 1-1.306 Standards. 1-1.306–1 Mandatory use and application of

Federal Standards. 1-1.307 Purchase descriptions. 1-1.307–1 Applicability. 1-1.307–2 General requirements. 1-1.307–3 Commercial, and State and local

government specifications and

standards. 1-1.307-4 Brand name products or equal. 1-1.307–5 Limitations on use of brand name

or equal purchase descriptions. 1-1.307–6 Invitation for bids, brand name or

equal descriptions. 1-1.307–7 Bid evaluation and award, brand

name or equal descriptions. 1-1.307–8 Procedure for negotiated procure

ments and small purchases. 1-1.307–9 Inspection and acceptance. 1-1.308 (Reserved.) 1-1.309 (Reserved) 1-1.310 Responsible prospective contrac

tor. 1-1.310–1 Scope. 1-1.310–2 General. 1-1.310–3 Applicability. 1-1.310-4 General policy. 1-1.310-5 Standards. 1-1.310–6 Determination of responsibility. 1-1.310–7 Information regarding responsi

bility. 1-1.310-8 Capacity and credit of small busi

ness concerns. 1-1.310-9 Pre-award on-site evaluation. 1-1.310-10 Performance records. 1-1.310–11 Subcontractor responsibility. 1-1.311 Priorities, allocations, and allot

ments. 1-1.312 (Reserved] 1-1.313 Records of contract actions. 1-1.314 Solicitations for informational or

planning purposes. 1-1.315 Use of liquidated damages pro

visions in procurement con

tracts. 1-1.315-1 General. 1-1.315–2 Policy. 1-1.315–3 Contract provisions.

Subpart 1-1.4- [Reserved)

Sec. 1-1.504–5 Bona fide established commercial

or selling agency maintained by the contractor for the pur

pose of securing business. 1-1.504–6 Fees for "information.” 1-1.505 Representation and agreement re

quired from prospective con

tractors. 1-1.506 Interpretation of the representa

tion. 1-1.507 Use of Standard Form 119. 1-1.507-1 Form prescribed. 1-1.507–2 Statement in lieu of form. 1-1.507–3 Exceptions. 1-1.508 Enforcement. 1-1.508–1 Failure or refusal to furnish rep

resentation and agreement. 1-1.508-2 Failure or

refusal to furnish

Standard Form 119. 1-1.508–3 Misrepresentations or violations

of the covenant against con

tingent fees. 1-1.509 Preservation of records. Subpart 1-1.6—Debarred and Ineligible Bidders 1-1.601 Purpose. 1-1.602 Establishment and maintenance

of a list of firms or individuals

debarred or ineligible. 1-1.603 Bases for debarment and ineligi

ble list entry. 1-1.604 Treatment to be accorded firms

or individuals in debarred or in

eligible status. 1-1.605 Causes and conditions applicable

to determination of debarment

by an executive agency. 1-1.606 Agency procedure. 1-1.607 General Services Administration

responsibility. 1-1.608 Supplemental names included for

other causes. Subpart 1-1.7—Small Business Concerns 1-1.701 General. 1-1.702 Policy. 1-1.703 Applicability. 1-1.704 Definitions. 1-1.705 SBA representatives. 1-1.706

Screening of procurements. 1-1.707 Procurement set-asides for small

business. 1-1.708 Withdrawal of set-asides. 1-1.709 SBA Certificate: of Competency.

Subpart 1-1.8—[Reserved)
Subpart 1-1.9— Reporting Possible Antitrust

Violations
1-1.901 General
1-1.902 Documents to be transmitted.
1-1.903 Additional information.

AUTHORITY: $ $ 1-1.000 to 1-1.903 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: $$ 1-1.000 to 1-1.903 appear at 24 F.R. 1933; Mar. 17, 1959, except as otherwise noted.

Subpart 1-1.5—Contingent Fees 1-1.500 Scope of subpart. 1-1.501 Applicability. 1-1.502 Improper influence. 1-1.503 Covenant. 1-1.504 General principles and standards

applicable to the covenant. 1-1.504–1 Use of principles and standards. 1-1.504–2 Contingent character of the fee. 1-1.504-3 Exceptions to the prohibition. 1-1.504–4 Bona fide employee.

§ 1-1.000 Scope of part.

This part sets forth policies and procedures concerning: the Federal Procurement Regulations System; definition of terms used throughout this chapter; general policies of procurement; contingent fees; debarred and ineligible bidders; small business concerns; and reporting possible antitrust violations.

Subpart 1-1.0—Regulation System § 1-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Federal Procurement Regulations System; its purpose, authority, applicability, issuance, arrangement, implementation, and deviation procedure. § 1-1.002 Purpose.

This subpart establishes the Federal Procurement Regulations System for the codification and publication of uniform policies and procedures applicable to the procurement of personal property and nonpersonal services (includirg construction) by executive agencies, except as limited by the provisions of section 1-1.004 with respect to the Department of Defense. The System includes regulations prescribed by the Administrator of General Services, called the Federal Procurement Regulations (FPR), as well as individual agency procurement regulations which implement and supplement the FPR. § 1-1.003 Authority.

The Federal Procurement Regulations System is prescribed by the Administrator of General Services under the Federal Property and Administrative Seryices Act of 1949, and the FPR are developed in cooperation with the procurement agencies and are issued by him under the Act or other authority specially cited. § 1-1.004 Applicability.

Federal Procurement Regulations apply to all Federal agencies to the extent specified in the Federal Property and Administrative Services Act of 1949 or in other law. Except for standard Government forms and clauses, Federal Specifications and Standards, and except as directed by the President, Congress, or other authority, these Regulations

not mandatory on the Department of Defense. Therefore, the extent of their implementation within

the Department of Defense and participation in the System will be determined by that Department. The Regulations apply to procurements made within and outside the United States unless otherwise specified. § 1-1.005 Exclusions.

Certain Governmentwide policies and procedures which come within the scope of this chapter neverthless may be excluded from Federal Procurement Regulations. These exclusions include the following categories:

(a) Subject matter which bears a security classification.

(b) Policy or procedure which is expected to be effective for a period of less than six months.

(c) Policy or procedure which is being instituted on an experimental basis for a reasonable period. § 1-1.006 Issuance. § 1-1.006–1 Code arrangement.

Federal Procurement Regulations are issued in the Code of Federal Regulations as Chapter I of Title 41, Public Contracts. Succeeding chapters of Title 41 are devoted to implementing and supplementing material developed and issued by particular Federal agencies to govern their procurement activities, as well as regulations of general application to procurement agencies issued by other Federal regulatory agencies, such as the Department of Labor under the WalshHealey Public Contracts Act. § 1-1.006–2 Publication.

Federal Procurement Regulations are published (in Title 41) in the daily issue of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations, and in separate loose-leaf volume form. $ 1-1.006–3 Copies.

Copies of Federal Procurement Regulations in Federal Register and 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 25, D.C. Copies of Federal Procurement Regulations in loose-leaf volume form may be obtained by Federal agencies from the General Services Administration, in a very limited quantity, and may be purchased by the public from the Superintendent of Documents.

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