Sec.

8 12-1.005 Exclusions. 12-1.5601 General. 12-1.5601-1 Need for survey.

(a) Certain Department of Transpor12-1.5601-2 Type of survey.

tation procurement policies and proce12-1.5601-3 Conducting the survey.

dures which come within the scope of 12-1.5601-4 Release of survey information. this Chapter 12 nevertheless may be 12-1.5601-5 Preparation for the survey.

excluded when there is appropriate 12-1.5601-6 On-site survey procedures.

justification, such as: 12-1.5602 Survey report.

(1) Subject matter which bears a se12-1.5602-1 Format. 12-1.5602-2 Standards.

curity classification. 12-1.5603 Guide for on-site evaluation of (2) Policies or procedures which are prospective contractor.

expected to be effective for a period of 12-1.5604 Format for on-site survey report. less than six months.

AUTHORITY: Sec. 205(c), 63 Stat. 389; 40 (3) Policies and procedures which U.S.C. 486(c), 10 U.S.C. 2301-2314.

are effective on an experimental basis SOURCE: 42 FR 45178, Sept. 8, 1977, unless for a reasonable period. otherwise noted.

8 12–1.006-1 Code arrangement. Subpart 12-1.0—Regulation System DOTPR which implement, supple

ment or deviate from the FPR (Chap8 12-1.001 Scope of subpart.

ter 1 of 41 CFR) and have an impact This subpart describes the Depart

upon the public will be published as ment of Transportation Procurement Chapter 12 of 41 CFR. Regulations in terms of establishment, authority, applicability, issuance, ar

§ 12-1.006-2 Publication. rangement, implementation, and sup Chapter 12 of 41 CFR will be pubplementation of the Federal Procure- lished in the FEDERAL REGISTER, in cument Regulations, exclusions, Office mulative form in the Code of Federal of the Federal Procurement Policy

Regulations, and in separate looseleaf Regulations, and deviation procedure. form on blue paper. The looseleaf 8 12-1.002 Purpose.

form is designed to permit interleaf

into the FPR. (a) This subpart establishes Chapter 12, Department of Transportation 8 12-1.006-3 Copies. Procurement Regulations (DOTPR),

Copies of the DOTPR in the FEDERimplementing and supplementing the Federal Procurement Regulations

AL REGISTER and in the Code of Feder(FPR), and states its relationship to

al Regulations may be purchased by the FPR.

Federal agencies and the public, at (b) The FPR, as implemented and

nominal cost, from the Superintendsupplemented by Chapter 12

ent of Documents, Government Print(DOTPR), are the authorized regula

ing Office, Washington, D.C. 20402. tions governing the procurement of

Looseleaf copies of Chapter 12 will be supplies and services (including con

distributed to Department of Transstruction and concessions) and the

portation activities as authorized by procurement of real property by lease,

the Director of Installations and Loby the Department of Transportation. gistics, Office of the Secretary of

Transportation. 8 12–1.003 Authority. The DOTPRs are prescribed pursu

8 12-1.006—4. Coordination. ant to the authority of section 205(c) In the development of the DOTPR, of the Federal Property and Adminis the views of the Operating Administrative Services Act of 1949.

trations of the Department of Trans

portation will be solicited. Public 8 12-1.004 Applicability.

notice of changes or additions to the These regulations apply to all De DOTPR will be published in the FEDpartment of Transportation procure ERAL REGISTER before issuance, when ments, unless otherwise specified.

appropriate.

121.

& 12-1.007 Arrangement.

Issuing organization

Letter suffix $ 12-1.007-1 General plan.

Federal Aviation 12A (i.e., 12A-1.008(b)).

Administration. The DOTPR employ the same num

Coast Guard ..

12B. bering system and nomenclature used Federal Highway 12C. in the FPR, and conform with FEDERAL Administration.

Federal Railroad REGISTER standards approved for the

Administration. FPR, except that material published St. Lawrence Seaway 12E. in looseleaf form which is not pub Development

Corporation. lished in 41 CFR, will be indicated by

Office of the letters “DOT” preceding and fol

Administrative lowing the material.

Operations, OST.
Urban Mass

12H.

Transportation 8 12-1.007-2 Numbering.

Administration. (a) Where the DOTPR implement a National Highway

Traffic Safety part, subpart, section, or subsection of

Administration. the FPR, the implementing part, sub Transportation part, section, or subsection of DOTPR Systems Center. will be numbered (and captioned) to correspond to the part, subpart, sec

(c) The Administrations and their tion, or subsection of the FPR.

subordinate organizations shall not (b) Where the DOTPR supplement

issue instructions, including directives, the FPR, the number 50 and up will

regulations, contract forms, contract be assigned to the parts, subparts, or

clauses, policies, or procedures implesections involved.

menting the DOTPR or covering the (c) Where the subject matter con

procurement of supplies or services or tained in a parts, subpart, section, or

the administration of contracts for subsection of FPR requires no imple

such supplies or services, unless permentation, the DOTPR will contain

mitted by one of the following and no corresponding parts, subpart, sec

consistent with paragraph (d) of this tion, or subsection number and the

section: subject matter as published in the

(1) Internal procurement manageFPR governs.

ment instructions such as designations 8 12-1.007-3 Citation.

and delegations of authority, assign

ments of responsibilities, work flow DOTPR will be cited in accordance procedures, and internal reporting rewith FEDERAL REGISTER standards ap

quirements; proved for the FPR. For example, this

(2) Any special contract clause of a section, when referred to in the

non-repetitive nature designed specific DOTPR, may be cited as “12-1.007-3”.

cally to accomplish the peculiar reAny section of these regulations may

quirements of an individual procurebe informally identified for purposes

ment, provided a clause relating to the of brevity, as DOTPR, followed by the subject is not set forth in this regulasection number; i.e., “DOTPR 12

tion; 1.007-3”.

(3) A variation of any contract § 12-1.008 Implementation.

clause which is set forth in this regula

tion but not for use verbatim, provided (a) The DOTPR implement and sup that such variation is not inconsistent plement the FPR. Implementing ma- with the intent, principle and subterial is that which expands upon re- stance of the DOTPR clause or related lated FPR material. Supplementing coverage of the subject matter; material is that for which there is no (4) Procurement procedures specificounterpart in the FPR.

cally identified as being essential for (b) The DOTPR may in turn be im- carrying out the peculiar needs of an plemented and supplemented by regu- Administration when authorized by lations issued by the following, using the head of the agency, or his desigthe letter suffix indicated:

nee, and notification is given to OST/

TAD-60 prior to such authorization $ 12-1.009 Deviations.
for the purpose of determining wheth-
er such procedures should be included § 12-1.009-2 Procedure.
in this regulation;

(a) In the interest of establishing (5) Procurement instructions specifi- and maintaining uniformity to the cally identified as being essential for greatest extent feasible, deviations carrying out the peculiar needs of from the FPR and DOTPR will be auoverseas commands of the Coast thorized only when essential to effect Guard, authorized by the Comman necessary procurement or where spedant of the Coast Guard (or his desig- cial circumstances make such devinee) and notification is given to OST/

ification is given to OST/ ations clearly in the best interest of TAD-60 prior to such authorization

the Government. for the purpose of determining wheth (b) Requests for authority to deviate er such instructions should be includ from the provisions of the FPR or the

DOTPR shall be submitted as far in ed in this regulation; (6) Material determined by OST/

advance as the exigencies of the situa

tion will permit. Each request for deviTAD-60 to be inappropriate for

ation shall contain the following: DOTPR coverage, but appropriate for

(1) A clear statement of the deviinclusion in Administration publica

ation desired, including identification tions.

of the specific paragraph number(s) of (d) Instructions issued in accordance

the FPR or DOTPR, with paragraph (c) of this section shall

(2) The reason why the deviation is not contain material which duplicates,

considered necessary or would be in is inconsistent with, or increases or re

the best interests of the Government, stricts the use of, any authority con

(3) If applicable, the name of the tained in this regulation.

contractor and identification of the (e) Each Administration shall screen contract affected, all existing instructions as well as

(4) A statement as to whether the those subsequently issued pursuant to deviation has been requested previousparagraph (c) of this section and (d) ly and, if so, circumstances of the preabove to assure strict compliance with vious request, this paragraph, and for the purpose of (5) A description of the intended determining if the subject matter is effect of the deviation, appropriate for inclusion in this regu- (6) A statement of the period of time lation.

for which the deviation is needed, and (f) Each Administration shall fur (7) Any pertinent background infor. nish to OST/TAD-60 one copy of each mation which will contribute to a full Administration procurement instruc understanding of the desired devition issued in accordance with para. ation. graph (c) of this section.

(c) Deviations from the FPR and (g) Regulation implementing and DOTPR involving a single contract or supplementing the DOTPR will not be procurement may be authorized by published in the FEDERAL REGISTER. the Administrator of the Federal AviaAny such regulations which are

tion Administration, Federal Highway deemed to have an impact on the gen

Administration, Federal Railroad Aderal public, and any regulations which ministration, St. Lawrence Seaway Deestablish procurement policy, will be

velopment Corporation, Urban Mass reserved for OST publication as

Transportation Administration, NaDOTPR, Chapter 12.

tional Highway Traffic Safety Admin(h) Those FAA Procurement Regula

istration, the Commandant of the tions which supplement the DOTPR,

Coast Guard, and each with the power

of redelegation. For procurements and which are basically instructional

processed by the Transportation Sysin nature, may be retained until they

tems Center and Office of Administraare superseded by comparable materi

tive Operations (OST), deviations may al published by the Office of the Sec

be authorized by the Assistant Secreretary.

tary for Administration, with the