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§ 1-1.204 Head of the agency.

“Head of the agency" means the Secretary, Attorney General, Postmaster General, Administrator, Governor, Chairman, or other chief official of an executive agency, unless otherwise indicated, including any assistant chief official of an executive agency and, for the military departments, the Under Secretary and any Assistant Secretary of the Departments of the Army, Navy, and Air Force.

8 1-1.209 Procurement.

"Procurement" means the acquisi. tion (and directly related matters), from non-Federal sources, of personal property and nonpersonal services (including construction) by such means as purchasing, renting, leasing (including real property), contracting, or bartering, but not by seizure, condemnation, donation, or requisition. (30 FR 8217, June 26, 1965) $8 1-1.210—1-1.214 [Reserved) § 1-1.215 Government instrumentality.

“Government instrumentality" means any of the following:

(a) An instrumentality of the U.S. Government.

(b) An agency or instrumentality of a State or local government thereof, possession, or Puerto Rico.

(c) An agency or instrumentality of a foreign government.

§ 1-1.205 Procuring activity.

"Procuring activity” means the organizational element of an executive agency which has responsibility to contract for the procurement of personal property and nonpersonal services (including construction).

§ 1-1.206 Head of the procuring activity.

"Head of the procuring activity" means that official, intermediate between the head of the agency and the contracting officer, who has the responsibility for supervision and direction of the procuring activity.

§ 1-1.207 Contracting officer.

"Contracting officer" means an official designated to enter into or administer contracts and make related determinations and findings.

§ 1-1.216 United States.

“United States”, when used in a geographic sense, means the States and the District of Columbia. § 1-1.217 Possessions.

"Possessions” includes the Virgin Islands, the Canal Zone, Guam, American Samoa, Wake Island, Midway Island, and the guano islands, but does not include the Commonwealth of Puerto Rico.

§ 1-1.218 Negotiation.

"Negotiation" means the procedure for making contracts without formal advertising.

§ 1-1.208 Contract.

"Contract" means establishment of a binding legal relation basically obligating the seller to furnish personal property or nonpersonal services (in cluding construction) and the buyer to pay therefor. It includes all types of commitments which obligate the Gov. ernment to an expenditure of funds and which, except as otherwise au thorized, are in writing. In addition to a two-signature document, it includes all transactions resulting from acceptance of offers by awards or notices of awards; agreements and job orders or task letters issued thereunder; letter contracts; letters of intent; and orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance. It also includes contract modifications.

§ 1-1.219 Contract modification.

"Contract modification" means any written alteration in the specifications, delivery point. rate of delivery contract period, price, quantity, or other contract provision of an existing contract, whether accomplished by unilateral action in accordance with a contract provision or by mutual action of the parties to the contract. It includes (a) bilateral actions, such as supplemental agreements and amendments, and (b) unilateral actions, such as change orders, notices of termina

tion, and notices of the exercise of an eral Prison Industries, Inc., and Naoption.

tional Industries for the Blind.

(b) Irrespective of whether the pro§ 1-1.220 Procurement item.

curement of supplies or services from "Procurement item" means any per

sources outside the Government is to sonal property or nonpersonal service, be effected by formal advertising or by including construction, alteration,

negotiation, competitive offers ("bids" repair, or installation, which is the in the case of procurement by formal object of procurement.

advertising, "proposals" in the case of procurement by negotiation) shall be

solicited from all such qualified Subpart 1-1.3—General Policies

sources as are deemed necessary by

the contracting officer to ensure such § 1-1.301 Methods of procurement.

full and free competition as is consist

ent with the procurement of types of § 1-1.301-1 Competition.

supplies and services necessary to All purchases and contracts, wheth

meet the requirements of the agency er by formal advertising or by negotia concerned. Offers shall not knowingly tion, shall be made on a competitive be solicited on the basis of race, creed, basis to the maximum practicable color, sex, age, or national origin of extent.

prospective sources. § 1-1.301-2 Formal advertising.

(29 FR 10104. July 24, 1964, as amended at

41 FR 38166, Sept. 9, 1976) Contracts for property and services shall be made by formal advertising in 8 1-1.302–2 Production and research and all cases in which the use of such development pools. method is feasible and practicable

(a) Description. A production or reunder the existing conditions and cir

search and development pool is a cumstances. Procurement by formal

group of concerns (1) which have assoadvertising shall be in accordance with

ciated together for the purpose of obdetailed requirements and procedures

taining and performing jointly, or in set forth in Part 2 of this chapter.

conjunction with each other, contracts

for supplies or services, or for research § 1-1.301-3 Negotiation.

and development, for defense use or to If the use of formal advertising is effectuate the purposes of the Small not feasible and practicable, purchases Business Act; (2) which have entered and contracts for property and sery into a pool agreement governing their ices may be negotiated in accordance organization, relationship, and procewith the detailed requirements and dure; and (3) whose agreement has procedures set forth in Part 3 of this been approved either in accordance chapter.

with section 708 of the Defense Pro

duction Act of 1950, as amended (De§ 1-1.302 Procurement sources.

fense Production Pool), or in accord

ance with sections 9(d) or 11 of the § 1-1.302-1 General.

Small Business Act (Small Business (a) Before taking procurement Pool). Pool participants are exempt action, in accordance with this chap from the "manufacturer or regular ter, agencies shall have complied with dealer" requirement of the Walshapplicable laws and regulations rela Healey Public Contracts Act. (See subtive to obtaining supplies or services part 1-12.6.) from Government sources and from (b) General rule. Except as provided contracts of other Government agen in this § 1-1.302-2, a pool shall be cies. These include excess and surplus treated for purposes of Government stocks in the hands of any Govern procurement on exactly the same basis ment agency, Federal Supply Sched as any other prospective or actual conules, General Services Administration tractor. Stores Stock, Federal Supply Service (c) Ascertainment of status. The conConsolidated Purchase Programs, Fed- tracting officer is responsible for ascertaining whether a group of firms 81-1.302-3 Contracts between the Governseeking to do business with the Gov.

ment and Government employees or ernment is a pool. In ascertaining the

business concerns substantially owned status of a group representing that it or controlled by Government employ. is a pool, contracting officers may rely

ees. on a copy of the Small Business Ad

(a) Contracts shall not knowingly be ministration (SBA) or the Office of

entered into between the Government Emergency Planning (OEP) notifica

and employees of the Government or tion of approval of the pool. If the

business concerns or organizations contracting officer has any question as

which are substantially owned or con. to whether a given pool has been ap

trolled by Government employees, proved, he shall consult the regional

except for the most compelling reaoffice of the SBA. Each exeeutive

sons, such as cases where the needs of agency should expeditiously dissemi

the Government cannot reasonably be nate to appropriate contracting offi

otherwise supplied. cers information received from SBA or

(b) When a contracting officer has OEP concerning the approval of pro

reason to believe that an exception as duction pools.

described in paragraph (a) of this sec(d) Contracting with pools. (1) A bid

tion, should be made, approval of the or proposal of a pool is not eligible for

decision to make such an exception award to the pool unless submitted

shall be handled in accordance with either by the pool in its own name or

agency procedures and shall be obby an individual member expressly dis

tained prior to entering into any such closing that it is on behalf of the pool.

contract. Except as to contracts to be awarded to incorporated pools, the contracting

(30 FR. 9589, July 31, 1965) officer shall prior to award to a pool

§ 1-1.303 Approval signatures. require to be deposited with him a certified copy of a power of attorney Approval signatures on contracts or from each member of the pool who is purchase authorizations should be to participate in the performance of minimized to the greatest practical the contract authorizing an agent to extent and, in the event that multiple execute the bid, proposal, or contract

approval signatures are required, they on behalf of such member. A copy of should, where possible, be obtained each such power of attorney shall be

concurrently. appended to each executed copy of the

§ 1-1.304 Designation of solicitation opencontract retained by the Government. (2) Membership in a pool shall not

ing time. of itself preclude individual members The statement of the time designatfrom submitting bids or proposals as ed as bid opening time in the case of individuals on appropriate procure solicitations for advertised procurements. Bids or proposals submitted by ment, or the time fixed for receipt of an individual member of a pool shall offers in the case of solicitations for not be considered when the individual negotiated procurement, shall include member has participated in the bid or

the phrase "local time at the place of proposal submitted by the pool.

bid opening," or "local time at the (e) Responsibility of pool member.

place designated for receipt of offers" Where a member of a production pool

in the case of proposals. Where a par

ticular block or blank space on a has submitted a bid or proposal in its

standard form does not readily permit own name, the pool agreement shall

inclusion of the phrase, an asterisk be considered in determining the pool

may be used to call attention to an exmember's responsibility pursuant to

planatory phrase which shall be set Subpart 1-1.12.

forth elsewhere in the solicitation, (29 FR 10104, July 24, 1964, as amended at preferably on the same page. Procure36 FR 17419, Aug. 31, 1971)

ment documents shall not refer to "daylight time" or "daylight saving

ime" and abbreviations such as as provided in 88 1-1.305-2 and 1-1.305'EDT” or “PDT” shall not be used. 3. :35 FR 15994, Oct. 10, 1970)

8 1-1.305-2 Exceptions to mandatory use 31-1.305 Specifications."

of Federal Specifications.

Federal Specifications need not be “Specification," as used in this § 11.305, is a clear and accurate descrip

used under the following circumtion of the technical requirements for

stances: a material, product, or service, includ

(a) The purchase is required under a ing the procedure by which it will be

public exigency and a delay would be determined that the requirements

involved in using the applicable specihave been met. Specifications for

fication to obtain agency requireitems or materials contain also preser

ments. vation, packaging, packing, and mark

(b) The total amount of the puring requirements. The identification of

chase does not exceed $10,000. (Multicategories and intended use of such ple small purchases of the same item specifications are as follows:

shall not be made for the purpose of (a) Federal. A specification covering

avoiding the intent of this exception.) those materials, products, or services,

(c) The purchase involves items of used by or for potential use of two or construction for new processes, new inmore Federal agencies (at least one of

stallations of equipment, or items for which is a civil agency), or new items

experimert, test, or research and deof potential general application, pro velopment, until such time as specifimulgated by the General Services Ad

cations covering them are issued or it ministration and mandatory for use by

is determined by the General Services all executive agencies.

Administration, and the procuring (b) Interim Federal. A potential Fed. agencies notified, that further devi. eral specification issued in interim

ations from the Federal Specifications form, for optional use by agencies. In

will not be permitted: Provided, That, terim amendments to Federal Specific

in connection with such deviations, excations are included in this definition. isting Federal Specifications shall be

(c) Military (MIL). A specification used to the extent that they are appliissued by the Department of Defense,

cable. used solely or predominantly by and

(d) The purchase involves spare mandatory on military activities. (This parts, components, or materials redefinition includes both fully coordi quired for repair or maintenance of nated and limited coordination mili existing equipment, or for similar tary specifications.)

items required for maintenance or op(d) Departmental. A specification de

eration of existing facilities or installaveloped and prepared by, and of inter

tions: Provided, That existing Federal est primarily to a particular Federal Specifications shall be used to the civil agency, but which may be of use

extent that they are applicable. in procurement by other Federal agen (e) The items are purchased in for

eign markets for use of overseas activi.

ties of agencies. (29 FR 10104, July 24, 1964, as amended at

(f) An Interim Federal Specification 30 FR 16110, Dec. 28, 1965)

is used by an agency in lieu of the Fed8 1-1.305-1 Mandatory use of Federal eral Specification. Specifications.

(g) Where otherwise authorized by

law. Federal Specifications shall be used by all executive agencies, including (29 FR 10104, July 24, 1964, as amended at the Department of Defense, in the 40 FR 44137, Sept. 25, 1975) procurement of supplies and services covered by such specifications, except

§ 1-1.305-3 Deviations from Federal

Specifications. 'Other instructions concerning specifica

When the essential needs of an tions are contained in the Federal Property agency are not adequately covered by Management Regulations, Part 101-29. an existing Federal Specification, and

cies.

cure

the proposed purchase does not come ices Administration will notify the within the exceptions described in g1- agency as to whether such deviations 1.305-2, the agency may authorize de- may be continued in subsequent proviations from the Federal Specifica curement. In cases where deviations tion; provided, that:

are not approved and where procure(a) Requirements of existing Federal ment by the agency has progressed to Specifications shall be used to the a point where it would be impracticamaximum extent practicable.

ble to amend or cancel the action, (b) Each agency taking such devi. such action may be completed, but the ations shall establish procedures deviation shall not be authorized by whereby a designated official havtg the agency in subsequent proci substantial procurement responsibility ment. shall be responsible for assuring that: (2) Where an agency has recom

(1) Federal Specifications are used, mended changing the specification and provisions for exceptions and devi consistent with the deviations it has ations are complied with;

taken and reported, those deviations (2) Justifications for exceptions and

may be continued until such time as deviations are subject to competent

the recommended change is coordinatreview before authorization, and that

ed and incorporated in the specificasuch justifications can be fully sub

tion; provided, that where coordinastantiated if post audit is required;

tion with Federal agencies and indus(3) Major or repeated deviations are

try, as applicable, does not result in acnot taken except as prescribed in this

ceptance of the change, such devi. § 1-1.305-3; and

ations shall not be authorized by the (4) Notification or recommendation

agency in subsequent procurement. for change in the specification is sent

$ 1-1.305-4 Optional use of Interim Federpromptly to the General Services Ad

al Specifications. ministration by the designated official or subdivision at the agency level, Interim Feaeral Specifications are through established agency channels, for optional use. All agencies are urged when

to make maximum use of Interim Fed(i) Deviations taken are of a major eral Specifications and to submit nature such as to result in the en statements of suggested changes to trance of a new item into the supply

the assigned agency for consideration system of the agency as evidenced by in further development of the specifithe development of a new item identi cations for promulgation as Federal fication; or

Specifications. (ii) A deviation is taken repeatedly.

§ 1-1.305-5 Use of Federal and Interim (5) Notification or recommendation

Federal Specifications in Federal confor change in the specification shall be

struction contracts. submitted, in duplicate, to the General Services Administration, Federal When material, equipment, or servSupply Service, Washington, D.C. ices for which a Federal or Interim 20405. It shall include a statement of Federal Specification is available are the deviations authorized by the specified in connection with Federal agency, with justification therefor, construction, the Federal or Interim and, where applicable, recommenda- Federal Specification shall be made a tion for revision or amendment of the part of the specification for the conspecification.

struction contract, subject to the pro(c) Deviations taken and reported by visions in § 1-1.305. the agency in accordance with $ 11.305-3(b) may not be continued 81

§ 1-1.305-6 Military and departmental except under the following conditions:

specifications. (1) Upon notification by an agency If no Federal Specification is availathat major or repeated deviations have ble, existing Interim Federal, military, been taken and where no recomenda- and departmental specifications which tion for change in the specification is are listed in the Index of Federal made by the agency, the General Serv. Specifications and Standards should

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