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Sec. 1-1.1003 Synopses of proposed procure

ments. 1-1.1003-1 Department of Commerce Syn

opsis. 1-1.1003-2 General requirements. 1-1.1003-3 Special areas of negotiation. 1-1.1003-4 Synopses of subcontract oppor.

tunities. 1-1.1003-5 Pre-invitation notices. 1-1.1003-6 Time of publicizing. 1-1.1003–7 Preparation and transmittal. 1-1.1004 Synopses of contract awards. 1-1.1004-1 Preparation and transmittal. 1-1.1005 Classification codes. 1-1.1005-1 Codes for services. 1-1.1005-2 Codes for supplies. 1-1.1006 Advance planning procurement

information. 1-1.1006-1 General. 1-1.1006-2 Application. 1-1.1006-3 Conditions. 1-1.1006-4 Commerce Business Daily an

nouncements. 1-1.1007 Agency responsibility for perform

ance with synopsizing program.

Subpart 1-1.11-Qualified Products 1-1.1101 Procurement of qualified prod

ucts.

Subpart 1-1.12–Responsible Prospective

Contractors 1-1.1200 Scope of subpart. 1-1.1201 Applicability. 1-1.1202 General policy. 1-1.1203 Maximum standards for responsi.

ble prospective contractors. 1-1.1203-1 General standards. 1-1.1203-2 Additional standards. 1-1.1203-3 Special standards. 1-1.1203-4 Ability to meet certain mini

mum standards. 1-1.1204 Determination of responsibility or

nonresponsibility. 1-1.1204-1 Requirement. 1-1.1204-2 Affiliated concerns. 1-1.1205 Procedures for determining re

sponsibility of prospective contractors. 1-1.1205-1 General. 1-1.1205-2 When information will be ob

tained. 1-1.1205-3 Sources of information. 1-1.1205-4 Preaward surveys. 1-1.1206 Subcontractor responsibility. 1-1.1207 Disclosure of preaward data.

Subpart 1-1.15 (Reserved) Subpart 1-1.16—Reports of Identical Bids 1-1.1601 General. 1-1.1602 Definitions. 1-1.1603 Reporting requirements. 1-1.1603-1 Cases to be reported. 1-1.1603-2 Preparation of reports. 1-1.1603-3 Submission of reports. 1-1.1604 Supplemental requests by Attor.

ney General. 1-1.1605 Information to be obtained from

bidders. 1-1.1605-1 Invitation for bids provision. 1-1.1605-2 Failure to provide information.

Subpart 1-1.17 (Reserved)
Subpart 1-1.18—Postoward Orientation of

Contractors 1-1.1800 Scope of subpart. 1-1.1801 (Reserved) 1-1.1802 Policy. 1-1.1803 Postaward orientation confer.

ences. 1-1.1803-1 Factors. 1-1.1803-2 Initial action. 1-1.1803-3 Agenda. 1-1.1803-4 Participants. 1-1.1803-5 Conference procedure. 1-1.1804 Subcontract conferences. 1-1.1805 Reports. 1-1.1806 Postaward letters.

Subparts 1-1.19—1.22 (Reserved) Subpart 1-1.23—Environmental Protection 1-1.2300 Scope of subpart. 1-1.2301 Policy. 1-1.2302 Administration and enforcement. 1-1.2302-1 Solicitation provision. 1-1.2302-2 Contract clause. 1-1.2302-3 Compliance responsibilities. 1-1.2302-4 Exemptions. 1-1.2302-5 Withholding award.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 29 FR 10104, July 24, 1964, unless otherwise noted. § 1-1.000 Scope of part.

This part sets forth policies and procedures concerning: The Federal Procurement Regulations System; defini

Subpart 1-1.13—Minority Business Enterprises 1-1.1300 Scope of subpart. 1-1.1301 Applicability. 1-1.1302 Agency programs. 1-1.1303 Solicitation representation. 1-1.1304-1-1.1309 (Reserved)

tions of term used throughout this chapter; general policies of procurement; contingent fees; debarred and ineligible bidders; small business concerns; labor surplus area concerns; reporting possible antitrust violations; publicizing procurement actions; and qualified products.

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 Federal agencies in the procurement, of personal property and nonpersonal services (including construction) and the procurement of real property by lease, except as limited by the provisions of g 1-1.004. 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. (30 FR 8217, June 26, 1965)

$1-1.004 Applicability.

The Federal Procurement Regulations apply to all Federal agencies to the extent specified in the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), or in other law. Except for standard Gov. ernment forms and clauses, Federal Specifications and Standards, procurement of automatic data processing equipment (ADPE), software, maintenance services, and supplies, and except as directed by the President, Congress, or other authority, these regulations are not made 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. [40 FR 12076, Mar. 17, 1975) § 1-1.004-1 Leases of real property.

The FPR apply to leases of real property only to the extent explicitly stated in specific FPR provisions. Suparts 1-1.0 and 1-1.2 apply to leases of real property. [30 FR 8217, June 26, 1965) § 1-1.005 Exclusions.

Certain Governmentwide policies and procedures which come within the scope of this chapter nevertheless 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.

§ 1-1.003 Authority.

The Federal Procurement Regulations System is prescribed by the Administrator of General Services under

under the Federal Property and Administrative Services Act of 1949, as amended. The Federal Procurement Regulations are developed in cooperation with the Administrator for Federal Procurement Policy and the procurement agencies and are issued by the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949, and other authorities especially cited. (40 FR 12076, Mar. 17, 1975)

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of Title 41 are devoted to implement form with FEDERAL REGISTER Standards ing and supplementing material devel. approved for the FPR. oped and issued by particular Federal

$ 1-1.007-2 Numbering. agencies to govern their procurement

The numbering system permits idenactivities, as well as regulations of general application to procurement agen

tification of every unit. The first digit cies issued by other Federal regulatory

represents the chapter number alloagencies, such as the Department of

cated to each agency, followed by a Labor under the Walsh-Healey Public

dash. This is followed by the part Contracts Act.

number which may be one or more

digits followed by a decimal point. The 8 1-1.006-2 Publication.

numbers after the decimal points repFederal Procurement Regulations

resent, respectively, the subpart, sec

tion (in two digits), and, after the are published (in Title 41) in the daily

dash, subsection, paragraph, subparaissue of the FEDERAL REGISTER, in cu.

graph, and further inferior divisions. mulated form in the Code of Federal

For example, this division is called Regulations, and in separate loose-leaf

(section) " 1-1.007-2," in which the volume form.

first digit denotes the chapter, the 8 1-1.006-3 Copies.

second the part, the third the subpart,

the fourth and fifth the section and Copies of Federal Procurement Reg

the sixth the subsection. ulations in Federal Register and Code of Federal Regulations form may be $1-1.007-3 Citation. purchased by Federal agencies and the

Federal Procurement Regulations public, at nominal cost, from the Su

will be cited in accordance with Federperintendent of Documents, Govern.

al Register standards approved for the ment Printing Office, Washington,

FPR. Thus, this section, when referred D.C. 20402. Copies of Federal Procure

to in divisions of the Federal Procurement Regulations in loose-leaf volume

ment Regulations, should be cited as form may be obtained by Federal

"§ 1-1.007-3 of this chapter.” When agencies from the General Services

this section is referred to formally in Administration, in a very limited quan

official documents, such as legal tity, and may be purchased by the

briefs, it should be cited as “41 CFR 1public from the Superintendent of

1.007-3." Any section of Federal ProDocuments.

curement Regulations may be infor8 1-1.006-4. Coordination.

mally identified, for purposes of bre

vity, as "FPR” followed by the section In the development of Federal Pro

number, such as "FPR 1-1.007-3." curement Regulations, there will be solicited the views of interested Feder. 81-1.008 Agency implementation. al agencies and, where appropriate

As portions of FPR material are preand feasible, the views of interested

scribed, agencies shall publish in the business and professional organiza

FEDERAL REGISTER implementing regutions. The Regulations will be coordi

lations deemed necessary for business nated with the Small Business Admin

concerns, and others properly interestistration to assure adequate considera

ed to understand basic and significant tion of small business interests.

agency procurement policies and pro

cedures which implement, supplement, $ 1-1.007 Arrangement.

or deviate from the FPR. Detailed 8 1-1.007-1 General plan.

instructions of interest primarily for

internal agency guidance need not be The general plan, numbering published. Implementing regulations system, and nomenclature used in the shall be prepared to conform with Federal Procurement Regulations con FPR style and arrangement.

§ 1-1.009 Deviation.
§ 1-1.009-1 Description.

As used in these Regulations, the term "deviation" includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form, except as may be authorized in the Regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits greater limitations than are imposed upon the use of a contract clause, form procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.

(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.

basis jointly by the agency desiring the deviation and the General Services Administration unless, in the considered judgment of the agency and with due regard to the objective of uniformity, circumstances preclude such joint effort. In such case, GSA will be notified of the deviation.

(d) Except as otherwise authorized, when any deviation in a contract form provision is authorized, physical change may not be made in the printed form but shall be made by appropriate provision in the schedule, specifications, or continuation sheet, as provided in agency procedures.

§ 1-1.009-3 Limitation on deviations.

Section 1-1.009-2, above, does not apply to the provisions of Subpart 14.11, Prociirement and Contracting for Government-wide Automated Data Processing Equipment, Software, Maintenance Services, and Supplies. Pursuant to 40 U.S.C. 759 (Section 111 of the Federal Property and Administrative Services Act of 1949, as amended; Public Law 89-306) the Administrator of General Services has authority to coordinate and provide for purchase, lease, and maintenance of equipment by Federal agencies as well as other matters relating to automated data management services. The exercise of procurement authority, including deviations, shall be accomplished as specified in Subpart 1-4.11 of the Federal Procurement Regulations (FPR). Procurement shall be accomplished as provided in Subpart 1-4.11. (41 FR 43538, Oct. 1, 1976)

$ 1-1.009-2 Procedure.

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

(a) The head of each agency exercising procurement authority shall prescribe a formal procedure for the control of deviations within the agency. A copy of the procedure shall be fur. nished to the General Services Administration.

(b) In individual cases, deviations may be authorized by the head of the agency or the officers designated by him for this purpose, in accordance with procedures established by the agency. In each instance the file shall disclose the nature of the deviation and the reasons for such special action.

(c) Deviations in classes of cases shall be considered on an expedited

§ 1-1.010 Interagency Procurement Policy

Committee. For the purpose of advising and assisting the General Services Administration in its Government-wide program for the development of uniform procurement policies and procedures, an Interagency Procurement Policy Committee, chaired by GSA, has been established. It is comprised of representatives of procurement and related Federal agencies designated by the heads of the agencies concerned. (30 FR 9766, Aug. 5, 1965)

§ 1-1.011 Office of Federal Procurement

Policy Act. (40 FR 12077, Mar. 17, 1975) 8 1-1.011-1 General.

(a) The Commission on Government Procurement urged the establishment by law of a central Office of Federal Procurement Policy in the Executive Office of the President, preferably in the Office of Management and Budget, with specialized competence to take the leadership in procurement policy and related matters. This was the first recommendation (A-1) of the Commission's Report because of its overall importance in achieving the improvements that the Commission proposed in the procurement process. The idea was also repeated in the Report's second recommendation (A-2).

(b) In response to these recommendations, the Office of Federal Procurement Policy was established by Pub. L. 93-400; i.e., the Office of Federal Procurement Policy Act (41 U.S.C. 401412). The Conference Report on the Act notes that the Commission on Government Procurement urged the creation of the Office by statute. The Act states that it is the policy of the Congress to promote economy, efficiency, and effectiveness in the procurement of property and services by and for the executive branch of the Federal Government. (40 FR 12077, Mar. 17, 1975)

(4) Avoiding or eliminating unnecessary or redundant requirements placed on contractor and Federal procurement officials;

(5) Identifying gaps, omissions, or inconsistencies in procurement laws, regulations, and directives and in other laws, regulations, and directives, relating to or affecting procurement;

(6) Achieving greater uniformity and simplicity, whenever appropriate, in procurement procedures;

(7) Coordinating procurement policies and programs of the several departments and agencies;

(8) Minimizing possible disruptive effects of Government procurement on particular industries, areas, or occupations;

(9) Improving understanding of Government procurement aws ard policies within the Government and by organizations and individuals doing business with the Government;

(10) Promoting fair dealing and equitable relationships among the parties in Government contracting; and

(11) Otherwise promoting economy, efficiency, and effectiveness in Government procurement organizations and operations." (40 FR 12077, Mar. 17, 1975)

Subpart 1-1.1-[Reserved)

Subpart 1-1.2-Definition of Terms 8 1-1.201 Definitions.

For the purposes of this chapter, and unless otherwise indicated, the following terms have the meaning set forth in this subpart.

§ 1-1.202 Executive agency.

"Executive agency" means any executive department (including the Departments of the Army, the Navy, and the Air Force) or any independent establishment in the executive branch of the Government, including any wholly-owned Government corpora

§ 1-1.011-2 Declaration of policy.

Section 2 of the Act provides as fol. lows:

Sec. 2. It is declared to be the policy of Congress to promote economy, efficiency, and effectiveness in the procurement of property and services by and for the executive branch of the Federal Government by(1) Establishing policies, procedures, and practices which will require the Govern. ment to acquire property and services of the requisite quality and within the time needed at the lowest reasonable cost, utilizing competitive procurement methods to the maxi. mum extent practicable;

(2) Improving the quality, efficiency, economy, and performance of Government procurement organizations and personnel;

(3) Avoiding or eliminating unnecessary overlapping or duplication of procurement and related activities;

tion.

§ 1-1.203 Federal agency.

"Federal agency" means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his direction).

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