CHAPTER 1—FEDERAL PROCUREMENT REGULATIONS Part 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-10 1-11 1-12 1-15 1-16 General. Sec. 1-1.305–6 Military and departmental speci. Sec. fications. 1-1.000 Scope of part. 1-1.306 Standards. Subpart 1-1.0—Regulation System 1-1.306–1 Mandatory use and application of Federal Standards. 1-1.001 Scope of subpart. 1-1.307 Purchase descriptions. 1-1.002 Purpose. 1-1.307–1 Applicability. 1-1.003 Authority. 1-1.307–2 General requirements. 1-1.004 Applicability. 1-1.307–3 Commercial, and State and local 1-1.005 Exclusions. government specifications and 1-1.006 Issuance. standards. 1-1.006–1 Code arrangement. 1-1.307-4 Brand name products or equal. 1-1.006-2 Publication. 1-1.307-5 Limitations on use of "brand 1-1.006–3 Copies. name or equal” purchase de1-1.006-4 Coordination. scriptions. 1-1.007 Arrangement. 1-1.307-6 Invitation for bids, "brand name 1-1.007-1 General plan. or equal" descriptions. 1-1.007-2 Numbering. 1-1.307-7 Bid evaluation and award, “brand 1-1.007-3 Citation. name or equal" descriptions. 1-1.008 Agency implementation. 1-1.307–8 Procedure for negotiated procure1-1.009 Deviation. ments and small purchases. 1-1.009–1 Description. 1-1.307–9 Inspection and acceptance. 1-1.009–2 Procedure. 1-1.308 (Reserved.) 1-1.309 Subpart 1-1.1- [Reserved) (Reserved] 1-1.310 Responsible prospective contracSubpart 1-1.2-Definition of Terms tor. 1-1.310–1 Scope. 1-1.201 Definitions. 1-1.310-2 General. 1-1.202 Executive agency. 1-1.310–3 Applicability. 1-1.203 Federal agency. 1-1.310-4 General policy. 1-1.204 Head of the agency. 1-1.310-5 Standards. 1-1.205 Procuring activity. 1-1.310–6 Determination of responsibility. 1-1.206 Head of the procuring activity. 1-1.310–7 Information regarding responsi1-1.207 Contracting officer. bility. 1-1.208 Contract. 1-1.310-8 Capacity and credit of small busi1-1.209 Procurement. ness concerns. 1-1.210 [Reserved] 1-1.310-9 Pre-award on-site evaluation. 1-1.211 Manufacturer. 1-1.310-10 Performance records. 1-1.212 Regular dealer. 1-1.310–11 Subcontractor responsibility. 1-1.213 Construction contractor. 1-1.311 Priorities, allocations, and allot1-1.214 Service contractor. ments. 1-1.215 Government instrumentality. 1-1.312 [Reserved] 1-1.216 United States. 1-1.313 Records of contract actions. 1-1.217 Possessions. 1-1.314 Solicitations for informational or 1-1.218 Negotiation. planning purposes. 1-1.219 Contract modification. 1-1.315 Use of liquidated damages pro1-1.220 Procurement item. visions in procurement con tracts. Subpart 1-1.3—General Policies 1-1.315-1 General. 1-1.300 Scope of subpart. 1-1.315-2 Policy. 1-1.301 Methods of procurement. 1-1.315-3 Contract provisions. 1-1.302 Procurement sources. 1-1.316 Time of delivery or performance. 1-1.302-1 General. 1-1.316–1 Scope and applicability. 1-1.302–2 Production and research and de 1-1.316–2 General. velopment pools. 1-1.316-3 Factors to be considered. 1-1.303 Approval signatures. 1-1.316-4 Terms. 1-1.304 (Reserved.] 1-1.316-5 Time of delivery clauses. 1-1.305 Specifications. Subpart 1-1.4- [Reserved) 1-1.305-1 Mandatory use of Federal Specifications. Subpart 1-1.5—Contingent Fees 1-1.305–2 Exceptions to mandatory use of 1-1.500 Federal Specifications. Scope of subpart. 1-1.501 Applicability. 1-1.303-3 Deviations from Federal Specifi 1-1.502 Improper influence. cations. 1.-1.503 Covenant. 1-1.305-4 Optional use of Interim Federal 1-1.504 General principles and standards Specifications. applicable to the covenant. 1-1.305-5 Use of Federal and Interim Fed 1-1.504-1 Use of principles and standards. eral Specifications in Federal 1-1.504–2 Contingent character of the fee. construction contracts. 1-1.504-3 Exceptions to the prohibition. or Sec. 1-1.5044 Bona fide employee. 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. Sec. 1-1.705-2 SBA representatives. 1-1.705-3 Screening of procurements. 1-1.705–4 Access to information. 1-1.705-5 Joint small business set-asides. 1-1.705-6 Certificates of competency. 1-1.705–7 Performance of contract by SBA. 1-1.706 Procurement set-asides for small business. 1-1.706-1 General. 1-1.706–2 Review of SBA set-aside proposals. 1-1.706-3 Withdrawal modification of set-asides. 1-1.706–4 Reporting for Department of Commerce Procurement Synop sis. 1-1.706-5 Total set-asides. 1-1.706-6 Partial set-asides. 1-1.706-7 Automatic dissolution of set asides. 1-1.706-8 Contract authority. 1-1.707 (Reserved.) 1-1.708 Certificate of competency pro gram. 1-1.708–1 General. 1-1.708–2 Applicability and procedure. '1-1.708–3 Conclusiveness of certificate of competency. 1-1.709 Records and reports. 1-1.710 Subcontracting with small busi ness concerns and labor surplus area concerns. 1-1.710-1 General. 1-1.710-2 Small business and labor surplus area subcontracting program. 1-1.710–3 Required clauses. 1-1.710–4 Responsibility for reviewing sub contracting program. 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 deharred 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 1-1.8—Labor Surplus Area Concerns Subpart 1-1.7—Small Business Concerns 1-1.700 General. 1-1.701 Definitions. 1-1.701-1 Small business concern (for Gov ernment procurement). 1-1.701-2 Affiliates. 1-1.701-3 Dominance in field of operation. 1-1.701-4 Non-manufacturer. 1-1.701-5 Number of employees. 1-1.701-6 Small business certificate. 1-1.701-7 Certificate of competency. 1-1.701-8 Set-aside for small business. 1-1.701-9 Small business restricted adver tising. 1-1.702 Small business policies. 1-1.703 Determination of status as a small business concern. 1-1.703–1 Representation by bidder or of feror. 1-1.703-2 Protest regarding small business status. 1-1.704 (Reserved.] 1-1.705 Cooperation with the Small Busi ness Administration. 1-1.705-1 General. 1-1.800 Scope of subpart. 1-1.801 Definitions. 1-1.801-1 Labor surplus area concern. 1-1.801-2 Labor surplus area. 1-1.801-3 Small business concern. 1-1.802 Labor surplus area policies. 1-1.802-1 General policy. 1-1.802–2 Specific policies. 1-1.802–3 Buy American Act. 1-1.803 (Reserved). 1-1.804 Partial set-asides for labor sur plus area concerns. 1-1.804-1 General. 1-1.804–2 Notice to bidders or offerors. 1-1.804-3 Award procedures. 1-1.804-4 Withdrawal of set-asides. 1-1.804–5 Contract authority. 1-1.805 Subcontracting. 1-1.805-1 General. 1-1.805–2 Required clause. 1-1.806 Depressed industries. 1-1.806-1 General. 1-1.806–2 Apparel industry (Notification No. 53). 1-1.806–3 Petroleum and petroleum prod ucts industry (Notification No. 58). 1–1.806–4 Shipbuilding industry (Notifica tion No. 57). Sec. 1-1.806-5 Textile industry (Notification No. 38). 1-1.807 Report on preference procure ment in labor surplus areas. Subpart 1-1.9— Reporting Possible Antitrust Violations 1-1.901 General. 1-1.902 Documents to be transmitted. 1-1.903 Additional information. Subpart 1-1.10—Publicizing Procurement Actions 1-1.1001 General policy. 1-1.1002 Availability of invitations for bids and requests for propos als. 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 Research and development. 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. 31 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 are 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. Subpart 1-1.11—Qualified Products 1-1.1101 Procurement of qualified prod ucts. AUTHORITY: $ $ 1-1.000 to 1-1.1101 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486 (C). $§ 1-1.800 to 1-1.807 also issued under Defense Manpower Policy No. 4 (Revised), 25 F.R. 5238, 32A C.F.R. Ch. 1. SOURCE: $ $ 1–1.000 to 1-1.1101 appear at 24 F.R. 1933; Mar. 17, 1959, except as otherwise noted. 8 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 § 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. |