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Preparation of operating and maintenance manuals.

Master planning.

Subpart 12-4.50—Utilization and Dis

posal of Personal Property Pursuant to Exchange/Sale Authority

§ 12-4.1050 Release of information.

The rank order list of firms selected by the A-E Evaluation Board as most highly qualified is for the internal use of the Department, and such information shall at no time be made known to the firms under consideration or to any other non-governmental source. Information may be released by the contracting officer, unless precluded by security considerations, identifying the A-E selected for negotiation and describing the work in general terms. If negotiations are terminated without consummating a contract, the contracting officer may release such information and the name of the firm with which the Government will start new negotiations. When an award has been made, the contracting officer may release this information, giving special notice of the award to any firms interviewed by the A-E Evaluation Board.

§ 12-4.5001 General.

The procedures governing the exchange or sale of personal property are set forth in the Federal Property Management Regulations (FPMR) Part 101-46. Prior to any disposal action, Federal agencies shall be solicited to the extent required by FPMR 101-46.301. See also FPMR 101-46.202 for restrictions and limitations, and FPMR 101-46.402 for cash and exchange (trade-in) bids.

Subpart 12-4.51-Procurement of

Tax-Free Spirits

$ 12–4.5100 Scope of subpart.

This subpart covers the procurement of tax-free spirits and specially denatured spirits.

8 12-4.1051 Clauses for architect-engineer

contracts. The clauses for A-E contracts are set forth in FPR Subpart 1-16.7 and DOTPR Subpart 12-7.51.

8 12-4.1052 Debriefing unsuccessful inter

viewed firms. (a) After a contract is awarded unsuccessful firms that participated in the interviews shall be debriefed upon request of the firm. The purpose of the debriefing is to give firms information which may assist them in improving future presentations, and to provide assurance that the selection was made fairly and in accordance with regulations and the provisions of the solicitation.

(b) The debriefing shall inform the unsuccessful firms where they were weak or deficient. However, point by point comparisons with other firms shall not be made nor shall the merits, technical standing or evaluation scoring of other firms be discussed.

812-4.5101 Delegation of authority.

The Assistant Secretary for Administration and the Administrators of the Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, Urban Mass Transportation Administration and the Commandant, U.S. Coast Guard have been delegated authority to execute Internal Revenue Service (IRS) Application Forms 1486 and 1444 to procure specially denatured spirits and tax-free spirits in accordance with $ $ 211.231 and 213.142 respectively, of Title 26 of the Code of Federal Regulations. The foregoing of. ficials may redelegate this authority to one or more officials within their organizations but without power to further redelegate. Any redelegation of this authority shall be in the form of a letter addressed to the Director, Alcohol and Tobacco Tax Division, Internal Revenue Service, Washington, D.C. 20224.

8 12-4.5102 Procedure.

(a) See $ 211.233 of Title 26 for procurement of specially denatured spirits, and § 213.143 of Title 26 for procurement of tax-free spirits.

(b) If the application is to cover more than one geographical location, insert in Item 2, Form 1486 or 1444: “Various locations of the (insert name of Administration) as indicated by purchase order.” IRS processes the application and, on the same form, issues the permit to procure. The application form may be signed only by an official named in § 12-4.5101 or his designee. The permit remains valid until surrendered by the Administration or cancelled by IRS.

(c) The permit issued on Form 1444 authorizes procurement from any qualified distilled spirits plant. A listing of such plants is provided on IRS Document No. 5237. The list and revision service may be obtained upon request to IRS, Alcohol and Tobacco Tax Division, 1111 Constitution Avenue NW., Washington, DC 20224.

8 12-5.5001 Authorization and policy re

lating to placing and filling orders. (a) It is the policy of the Department of Transportation not to place Government agencies in direct competition with commercial sources. ACcordingly, prior to soliciting bids or proposals from commercial sources, it shall be decided whether to obtain supplies or services from Government agencies. Invitations for bids and requests for proposals shall not be sent to Government agencies. Current market prices, recent procurement prices, or prices obtained by informational bids as provided in FPR 1-1.314 may be used to ascertain whether procurement can be effected more cheaply from commercial sources.

(b) Each procuring activity, when it is in the interest of the Government to do so, may place orders with any other Government department or agency for supplies or services that any such requisitioned department or agency may be in a position to furnish or perform or to obtain by contract.

(c) Where the Department procures commercial or industrial products or services from another Government agency, any authorization required for the furnishing of such products or services, in accordance with BOB Circular NO. A-76, dated August 30, 1967, as revised by OMB Transmittal Memorandum No. 2 of October 18, 1976, shall accomplished by the furnishing Government agency.

PART 12-5-SPECIAL AND DIRECTED

SOURCES OF SUPPLY

Subpart 12-5.50—Procurement Under the Econ

omy Act From or Through Another Federal

Agency Sec. 12-5.5000 Scope of subpart. 12-5.5001 Authorization and policy relat

ing to placing and filing orders. 12-5.5002 Execution of agreements with

agency heads.

Subpart 12-5.51-Procurement of Printing and

Related Supplies 12-5.5100 Printing and related supplies.

AUTHORITY: Sec 205(c), 63 State. 389; 40 U.S.C. 486(c), 10 U.S.C. 2301-2314. SOURCE: 42 FR 45208, Sept. 8, 1977, unless otherwise noted.

812-5.5002 Execution of agreements with

agency heads. Execution of any written interdepartmental or interagency agreement which is to be signed by the head of the other department of agency is reserved to the Secretary, as provided in section 1.44(i) of the DOT Organization Manual (DOT) 1100.23(A)).

Subpart 12-5.50—Procurement Under

the Economy Act From or Through

Another Federal Agency § 12-5.5000 Scope of subpart.

This subpart deals with orders for supplies or services placed with another Government department or agency pursuant to the authority of the Economy Act of June 30, 1932, as amended (31 U.S.C. 686), except that it does not apply to any procurement covered by other subparts of this part 12-5.

Subpart 12-5.51-Procurement of

Printing and Related Supplies

8 12-5.5100 Printing and related supplies.

The Government Printing and Binding Regulations of the Congressional Joint Committee on Printing set forth specific prohibitions and regulations

for the acquistion of printing, binding, 6.103-2 are set forth in DOTPR 12blankwork, envelopes, paper, and re- 6.105. Supplies not listed may be lated supplies.

cepted only after a written determina

tion has been made by the contracting PART 12-6-FOREIGN PURCHASES officer. Each determination shall in

clude the following information: Sec.

(1) Description of the item(s) to be 12-6.000 Scope.

procured with specific information

pertaining to special features, perSubpart 12-6.1-Buy American Act-Supply

formance, versatility, etc. and Service Contracts

(2) Unit, quantity, estimated cost 12-6.103 Exceptions.

(including duty, if any, separately 12-6.103-2 Nonavailability in the United

shown). States.

(3) Country of origin, and name and 12-6.104 Procedures.

address of prospective contractor, if 12-6.104-4 Evaluation of bids and propos- available. als.

(4) Brief statement as to the necessi12-6.105 Excepted articles, materials, and

ty for the procurement. supplies.

(5) Statement of effort made to proSubpart 12-6.8—Balance-of-Payments Program

cure a similar item of domestic origin

or statement that there is no domestic 12-6.801 General.

item which can be used as a reasona12-6.801-50 Use of excess and near-excess

ble substitute. foreign currencies. 12-6.806 Procedures.

When a determination has been made 12-6.806-2 Method of purchase.

that the restrictions of the Buy Ameri.

can Act are inapplicable for the end Subpart 12-6.10~Omission of the Examination

products being purchased, notification of Records Clause From Contracts With For

to this effect shall be included in the eign Contractors

solicitation and contract. 12-6.1004 Determinations and findings. (b) Notwithstanding the foregoing,

procurement of foreign end products Subpart 12-6.50—Purchases From Certain

on the basis of “nonavailability," Communist Areas

whether or not listed in DOTPR 1212-6.5001 Restrictions.

6.105, shall be made only after a writ12-6.5002 Contract provision.

ten determination has been made by 12-6.5003 Exceptions.

the contracting officer and approved AUTHORITY: Sec. 205, 63 Stat. 389; 40

at a higher level in accordance with U.S.C. 486(c), 10 U.S.C. 2301-2314.

Administration procedures. Before

granting such approval, or making SOURCE: 42 FR 45208, Sept. 8, 1977, unless

such determination, the feasibility of otherwise noted.

foregoing the requirement or provid§ 12-6.000 Scope.

ing a United States substitute shall be

considered. This part includes restrictions and

(c) Notwithstanding paragraph (b) procedures affecting procurements of

of this section, approvals and determiforeign-made items; and restrictions

nations may be made by the contracton purchases from communist coun

ing officer covering individual procure. tries or areas.

ments of spare and replacement parts

for foreign manufactured items, if the Subpart 12-6.1-Buy American Act procurement must be restricted to the Supply and Service Contracts original manufacturer or his supplier

in accordance with FPR 1-3.313. § 12-6.103 Exceptions.

(d) Notwithstanding paragraph (b)

of this section, approval is not re8 12-6.103-2 Nonavailability in the United quired for: States.

(1) Purchases for resale in domestic (a) Certain items determined to be commissaries of brand name subsistexempt under the exception in FPR 1- ence items of foreign origin for which

there are no substitutes of U.S. origin. All purchases of such brand name subsistence items of foreign origin shall be made from domestic concerns.

(2) Procurement of swords and scabbards.

(3) Procurement of books, pamphlets, newspapers, magazines, periodicals, and printed briefs and films not printed in the United States and for which domestic editions are not available.

(4) Procurement of bananas, tea, coffee, spices, herbs, sugar, cocoa, cream of tartar, tapioca, and coconut.

(e) The following is a format for the determination and findings of nonavailability:

DEPARTMENT OF TRANSPORTATION Determination and findings of nonavailability under the Buy American Act regarding purchase of (item description).

FINDINGS (Set forth the information required by DOTPR 12-6.103-2(a)).

DETERMINATION Upon the basis of these findings, I hereby determine that the above supplies are not mined, produced, or manufactured at the present time in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality; and that the provisions of the Buy American Act (41 U.S.C. 10 a-d) are inapplicable. (Add appropriate approval when required by Administration procedures.)

$12-6.105 Excepted articles, materials,

and supplies. Pursuant to the Buy American Act, the Government has determined that the articles, materials, and supplies listed below are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality, or that it would be inconsistent with the public interest to apply the restrictions of the Act to such articles, materials, and supplies. When required to be incorporated into an end product or construction material manufactured in the United States, these items may be regarded as components of domestic origin for the purpose of determining the origin of such manufactured end product or construction material. However, the procurement of any of these items other than as components of domestic source end products or construction materials must be approved by the appropriate authority designated by the Administration pursuant to DOTPR 12-6.103-2(b). Acetylene black. Asbestos, amosite. Bananas. Beef extract. Bismuth. Brazil nuts, unroasted. Cadmium, ores and flue dust. Calcium cyanamide. Capers. Cashew nuts. Chestnuts. Chicle. Chrome ore or chromite. Cinchona bark. Cobalt, in cathodes, rondelles, or other pri

mary forms. Cocoa beans. Coconut and coconut meat, unsweetened, in

shredded, desiccated, or similarly pre-
pared form.
Coffee, raw or green bean.
Cork, wood or bark and waste.
Diamonds, industrial, stones.
Emetine, bulk.
Ergot, crude.
Fair linen, altar.
Fibers of the following types: Abace, agave,

coir, flax, and palmyra.
Goat and kid skins.
Graphite, natural.
Hand sewing needles.
Hog bristles for brushes.
Hyoscine, bulk.
Ipecac, root.
Leather, sheepskin, hair type.

(Contracting Officer)

(Date)

8 12-6.104 Procedures. 8 12-6.104-4 Evaluation of bids and pro

posals. When a proposed award is required to be submitted to the head of the agency for decision pursuant to FPR 1-6.104-4(b) or FPR 1-6.104-4 (c)(1) or (c)(2), the submission shall include a copy of each bid or offer being considered for award, the date the bids or offers expire, a copy of the abstract of bids or offers, and a statement justify. ing the proposed award.

33-139

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Menthol, natural bulk.
Mica.
Nickel, primary, in ingots, pigs, shot, cath-

odes, or similar forms; nickel oxide and

nickel salts. Nitroguanidine (also known as picrite), Olive oil. Olives (green), pitted or stuffed in bulk. Opium, crude. Petroleum, crude oil, unfinished oils and

finished products.' Platinum and platinum group metals re

fined, as sponge, powder, ingots, or cast bars. Pyrethrum flowers. Quartz crystals. Quebracho. Radium salts. Rosettes. Rubber, crude and latex. Rutile. Silk, raw. Sperm oil. Spices and herbs in bulk. . Sugars, raw. Talc, block, steatite. Tapioca flour and cassava. Tartar, crude, tartaric acid and cream of

tartar in bulk. Tea in bulk. Thread, metallic (gold). Tin. Vanilla beans. Venom, cobra. Wax, carnauba. Woods of the following species: Angelique,

balsa, ekki, greenheart, lignum vitae, mahogany and teak. Petroleum definitions, as used in this subpart:

(a) “Crude oil” means crude petroleum as it is produced at the wellhead and liquids (under atmospheric conditions) that have been recovered from mixtures of hydrocarbons which existed in a vaporous phase in a reservoir and that are not natural gas products.

(b) "Finished products" means any one or more of the following petrole. um oils, or a mixture or combination of such oils, which are to be used with out further processing except blending by mechanical means:

(1) Liquefied gases-hydrocarbon gases recovered from natural gas or produced from petroleum refining and kept under pressure to maintain a liquid state at ambient temperatures;

(2) Gasoline-a refined petroleum distillate which by its composition, is

suitable for use as a carburant in internal combustion engines;

(3) Jet fuel-a refined petroleum distillate used to fuel jet propulsion engines;

(4) Naphtha-a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes;

(5) Fuel oil—a liquid or liquefiable petroleum product burned for lighting or for the generation of heat or power and derived directly or indirectly from crude oil, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel, topped crude oil, residues;

(6) Lubricating oil-a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces;

(7) Residual fuel oil—a topped crude oil or viscous residuum which, as obtained in refining or after blending with other fuel oil, meets or is the equivalent of Military Specification Mil-F-859 for Navy Special Fuel Oil and any other more viscous fuel oil, such as No. 5 or Bunker C;

(8) Asphalt-a solid or semi-solid cementitous material which gradually liquefies when heated, in which the predominating constituents are bitu. mins, and which is obtained in refining crude oil;

(9) Natural gas products-liquids (under atmospheric conditions), in: cluding natural gasoline, which are recovered by a process of absorption, ad. sorption, compression, refrigeration, cycling, or a combination of such proc. esses, from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and which, when recovered and without processing in a refinery, otherwise fall within any of the defini. tions of products contained in paragraphs (b) (2) through (5), inclusive, of this section.

(c) “Unfinished oils" means one or more of the petroleum oils listed in (b) above, or a mixture or combination of such oils, which are to be further proc. essed other than by blending by me chanical means.

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