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§ 1-1.004–1 Leases of real property. D.C. 20402. Copies of Federal ProcureThe FPR apply to leases of real

ment Regulations in loose-leaf volume property only to the extent explicitly

form may be obtained by Federal stated in specific FPR provisions. Sub

agencies from the General Services parts 1-1.0 and 1-1.2 apply to leases of

Administration, in a very limited quanreal property.

tity, and may be purchased by the

public from the Superintendent of [30 FR 8217, June 26, 1965)

Documents. § 1-1.005 Exclusions.

8 1-1.006-4 Coordination. Certain Government-wide policies

In the development of Federal Proand procedures which come within the

curement Regulations, there will be scope of this chapter nevertheless may

solicited the views of interested Federbe excluded from Federal Procure

al agencies and, where appropriate ment Regulations. These exclusions

and feasible, the views of interested include the following categories:

business and professional organiza(a) Subject matter which bears a se

tions. The Regulations will be coordicurity classification.

nated with the Small Business Admin(b) Policy or procedure which is ex

istration to assure adequate considerapected to be effective for a period of

tion of small business interests. less than six months.

(c) Policy or procedure which is 81-1.007 Arrangement. being instituted on an experimental basis for a reasonable period.

§ 1-1.007-1 General plan. 8 1-1.006 Issuance.

The general plan, numbering

system, and nomenclature used in the 8 1-1.006-1 Code arrangement.

Federal Procurement Regulations conFederal Procurement Regulations

form with FEDERAL REGISTER standards are issued in the Code of Federal Reg.

approved for the FPR. ulations as Chapter 1 of Title 41,

§ 1-1.007-2 Numbering. Public Contracts. Succeeding chapters of Title 41 are devoted to implement The numbering system permits idening and supplementing material devel- tification of every unit. The first digit oped and issued by particular Federal represents the chapter number alloagencies to govern their procurement cated to each agency, followed by a activities, as well as regulations of gen dash. This is followed by the part eral application to procurement agen number which may be one or more cies issued by other Federal regulatory digits followed by a decimal point. The agencies, such as the Department of numbers after the decimal points repLabor under the Walsh-Healey Public resent, respectively, the subpart, Contracts Act.

section (in two digits), and, after the

dash, subsection, paragraph, subpara8 1-1.006-2 Publication.

graph, and further inferior divisions. Federal Procurement Regulations For example, this division is called are published (in Title 41) in the daily (section) "$ 1-1.007-2,” in which the issue of the FEDERAL REGISTER, in cu- first digit denotes the chapter, the mulated form in the Code of Federal second the part, the third the subpart, Regulations, and in separate loose-leaf

the fourth and fifth the section and volume form.

the sixth the subsection. 8 1-1.006–3 Copies.

8 1-1.007-3 Citation. Copies of Federal Procurement Reg. Federal Procurement Regulations ulations in FEDERAL REGISTER and Code will be cited in accordance with Federof Federal Regulations form may be al Register standards approved for the purchased by Federal agencies and the FPR. Thus, this section, when referred public, at nominal cost, from the Su. to in divisions of the Federal Procureperintendent of Documents, Govern- ment Regulations, should be cited as ment Printing Office, Washington, “g 1-1.007-3 of this chapter.” When

this section is referred to formally in § 1-1.009-2 Procedure. official documents, such as legal

In the interest of establishing and briefs, it should be cited as “41 CFR 1

maintaining uniformity to the greatest 1.007-3.Any section of Federal Pro

extent feasible, deviations from the curement Regulations may be infor

Federal Procurement Regulations mally identified, for purposes of bre

shall be kept to a minimum and convity, as "FPR” followed by the section

trolled as follows: number, such as “FPR 1-1.007-3."

(a) The head of each agency exercis

ing procurement authority shall pre§ 1-1.008 Agency implementation.

scribe a formal procedure for the conAs portions of FPR material are pre trol of deviations within the agency. A scribed, agencies shall publish in the copy of the procedure shall be furFEDERAL REGISTER implementing regu. nished to the General Services Adminlations deemed necessary for business istration. concerns, and others properly interest (b) In individual cases, deviations ed to understand basic and significant may be authorized by the head of the agency procurement policies and pro agency or the officers designated by cedures which implement, supplement, him for this purpose, in accordance or deviate from the FPR. Detailed with procedures established by the instructions of interest primarily for

agency. In each instance the file shall internal agency guidance need not be

disclose the nature of the deviation published. Implementing regulations

and the reasons for such special shall be prepared to conform with

action. FPR style and arrangement.

(c) Deviations in classes of cases

shall be considered on an expedited § 1-1.009 Deviation.

basis jointly by the agency desiring

the deviation and the General Services 8 1-1.009–1 Description.

Administration unless, in the considAs used in these Regulations, the

ered judgment of the agency and with term “deviation” includes any of the

due regard to the objective of uniformfollowing actions:

ity, circumstances preclude, such joint (a) When

effort. In such case, GSA will be noti. a prescribed contract

fied of the deviation. clause is set forth verbatim, use of a contract clause covering the same sub

(d) Except as otherwise authorized,

when any deviation in a contract form ject matter which varies from that set forth.

provision is authorized, physical

change may not be made in the print(b) When a standard or other form

ed form but shall be made by approis prescribed, use of any other form

priate provision in the schedule, specifor the same purpose.

fications, or continuation sheet, as (c) Alteration of a prescribed stand

provided in agency procedures. ard or other form, except as may be authorized in the Regulations.

§ 1-1.009-3 Limitation on deviations. (d) The imposition of lesser or,

Section 1-1.009-2, of this part, does where the regulation expressly prohib

not apply to the provisions of Subpart its greater limitations than are im

1-4.11, Procurement and Contracting posed upon the use of a contract

for Government-wide Automatic Data clause, form procedure, type of con

Processing Equipment, Software, tract, or upon any other procurement

Maintenance Services, and Supplies action, including but not limited to,

and Subpart 1-4.12, Procurement and the making or amendment of a con

Contracting Government-wide for tract, or actions taken in connection

Automatic Data Processing Services. with the solicitation of bids or propos- Pursuant to 40 U.S.C. 759 (Section 111 als, award, administration, or settle of the Federal Property and Adminisment of contracts.

trative Services Act of 1949, as amend(e) When a policy or procedure is ed; Pub. L. 89-306) the Administrator prescribed, use of any inconsistent of General Services is authorized to policy or procedure.

coordinate and provide for the pur

chase, lease, and maintenance of auto- ciency, and effectiveness in the promatic data processing equipment by curement of property and services by Federal agencies as well as other mat and for the executive branch of the ters relating to automated data man Federal Government. agement services. The exercise of the authority to procure and deviations

[40 FR 12077, Mar. 17, 1975) from regulatory requirements shall be

§ 1-1.011-2 Declaration of policy. accomplished as specified in Subparts 1-4.11 and 1-4.12.

Section 2 of the Act provides as fol(47 FR 20533, May 12, 1982]

lows:

Sec. 2. It is declared to be the policy of 81-1.010 Interagency Procurement Policy Congress to promote economy, efficiency, Committee.

and effectiveness in the procurement of For the purpose of advising and as- property and services by and for the execusisting the General Services Adminis tive branch of the Federal Government bytration in its Government-wide pro-,

(1) Establishing policies, procedures, and gram for the development of uniform

practices which will require the Govern

ment to acquire property and services of the procurement policies and procedures,

requisite quality and within the time needed an Interagency Procurement Policy

at the lowest reasonable cost, utilizing comCommittee, chaired by GSA, has been

petitive procurement methods to the maxiestablished. It is comprised of repre

mum extent practicable; sentatives of procurement and related

(2) Improving the quality, efficiency, Federal agencies designated by the

economy, and performance of Government heads of the agencies concerned.

procurement organizations and personnel; (30 FR 9766, Aug. 5, 1965)

(3) Avoiding or eliminating unnecessary

overlapping or duplication of procurement § 1-1.011 Office of Federal Procurement and related activities; Policy Act.

(4) Avoiding or eliminating unnecessary or

redundant requirements placed on contrac(40 FR 12077, Mar. 17, 1975)

tor and Federal procurement officials; 8 1-1.011-1 General.

(5) Identifying gaps, omissions, or incon

sistencies in procurement laws, regulations, (a) The Commission on Government

and directives and in other laws, regulaProcurement urged the establishment tions, and directives, relating to or affecting by law of a central Office of Federal procurement; Procurement Policy in the Executive (6) Achieving greater uniformity and simOffice of the President, preferably in plicity, whenever appropriate, in procurethe Office of Management and ment procedures; Budget, with specialized competence (7) Coordinating procurement policies and to take the leadership in procurement programs of the several departments and policy and related matters. This was agencies; the first recommendation (A-1) of the

(8) Minimizing possible disruptive effects Commission's Report because of its

of Government procurement on particular overall importance in achieving the

industries, areas, or occupations; improvements that the Commission

(9) Improving understanding of Governproposed in the procurement process.

ment procurement laws and policies within

the Government and by organizations and The idea was also repeated in the Re

individuals doing business with the Governport's second recommendation (A-2).

ment; (b) In response to these recommen

(10) Promoting fair dealing and equitable dations, the Office of Federal Procure

relationships among the parties in Government Policy was established by Pub. L.

ment contracting; and 93-400; i.e., the Office of Federal Pro

(11) Otherwise promoting economy, efficurement Policy Act (41 U.S.C. 401- ciency, and effectiveness in Government 412). The Conference Report on the procurement organizations and operations. Act notes that the Commission on

(40 FR 12077, Mar. 17, 1975) Government Procurement urged the creation of the Office by statute. The Act states that it is the policy of the Congress to promote economy, effi

Subpart 1-1.1—[Reserved)

81-1.207 Contracting officer.

“Contracting officer” means an offiSubpart 1-1.2-Definition of Terms cial designated to enter into or admin

ister contracts and make related deter§ 1-1.201 Definitions.

minations and findings. For the purposes of this chapter,

8 1-1.208 Contract. and unless otherwise indicated, the following terms have the meaning set

“Contract” means establishment of forth in this subpart.

a binding legal relation basically obli

gating the seller to furnish personal § 1-1.202 Executive agency.

property or nonpersonal services (in"Executive agency” means any ex

cluding construction) and the buyer to

pay therefor. It includes all types of ecutive department (including the De

commitments which obligate the Govpartments of the Army, the Navy, and

ernment to an expenditure of funds the Air Force) or any independent establishment in the executive branch of

and which, except as otherwise authe Government,

thorized, are in writing. In addition to including any

a two-signature document, it includes wholly-owned Government corpora

all transactions resulting from accepttion.

ance of offers by awards or notices of § 1-1.203 Federal agency.

awards; agreements and job orders or

task letters issued thereunder; letter "Federal agency” means any execu

contracts; letters of intent; and orders, tive agency or any establishment in

such as purchase ordeis, under which the legislative or judicial branch of

the contract becomes effective by writthe Government (except the Senate,

ten acceptance or performance. It also the House of Representatives, and the

includes contract modifications. Architect of the Capitol and any activities under his direction).

§ 1-1.209 Procurement. § 1-1.204 Head of the agency.

"Procurement” means the acquisi

tion (and directly related matters), "Head of the agency” means the

from non-Federal sources, of personal Secretary, Attorney General, Postmas

property and nonpersonal services (inter General, Administrator, Governor,

cluding construction) by such means Chairman, or other chief official of an

as purchasing, renting, leasing (includexecutive agency, unless otherwise in

ing real property), contracting, or bardicated, including any assistant chief

tering, but not by seizure, condemnaofficial of an executive agency and, for

tion, donation, or requisition. the military departments, the Under Secretary and any Assistant Secretary [30 FR 8217, June 26, 1965) of the Departments of the Army, Navy, and Air Force.

$8 1-1.210—1-1.214 [Reserved] § 1-1.205 Procuring activity.

§ 1-1.215 Government instrumentality. "Procuring activity” means the orga. “Government instrumentality" nizational element of an executive means any of the following: agency which has responsibility to (a) An instrumentality of the U.S. contract for the procurement of per- Government. sonal property and nonpersonal serv (b) An agency or instrumentality of ices (including construction).

a State or local government thereof,

possession, or Puerto Rico. § 1-1.206 Head of the procuring activity. (c) An agency or instrumentality of

“Head of the procuring activity” a foreign government. means that official, intermediate between the head of the agency and the

8 1-1.216 United States. contracting officer, who has the re “United States”, when used in a geosponsibility for supervision and direc graphic sense, means the States and tion of the procuring activity.

the District of Columbia.

§ 1-1.217 Possessions.

81-1.301-3 Negotiation. “Possessions” includes the Virgin Is- If the use of formal advertising is lands, the Canal Zone, Guam, Ameri- not feasible and practicable, purchases can Samoa, Wake Island, Midway and contracts for property and serv. Island, and the guano islands, but does ices may be negotiated in accordance not include the Commonwealth of with the detailed requirements and Puerto Rico.

procedures set forth in Part 3 of this

chapter. § 1-1.218 Negotiation.

“Negotiation" means the procedure § 1-1.302 Procurement sources. for making contracts without formal

8 1-1.302-1 General. advertising.

(a) Before taking procurement § 1-1.219 Contract modification.

action, in accordance with this chapContract modification" means any ter, agencies shall have complied with written alteration in the specifica applicable laws and regulations relations, delivery point, rate of delivery, tive to obtaining supplies or services contract period, price, quantity, or from Government sources and from other contract provision of an existing contracts of other Government agencontract, whether accomplished by cies. These include excess and surplus unilateral action in accordance with a stocks in the hands of any Governcontract provision or by mutual action ment agency, Federal Supply Schedof the parties to the contract. It in ules, General Services Administration cludes: (a) Bilateral actions, such as Stores Stock, Federal Supply Service supplemental agreements and amend Consolidated Purchase Programs, Fedments, and (b) unilateral actions, such eral Prison Industries, Inc., and Naas change orders, notices of termina tional Industries for the Blind. tion, and notices of the exercise of an (b) Irrespective of whether the prooption.

curement of supplies or services from

sources outside the Government is to 8 1-1.220 Procurement item.

be effected by formal advertising or by “Procurement item" means any per

negotiation, competitive offers ("bids" sonal property or nonpersonal service, in the case of procurement by formal including construction, alteration, advertising, “proposals" in the case of repair, or installation, which is the procurement by negotiation) shall be object of procurement.

solicited from all such qualified

sources as are deemed necessary by Subpart 1-1.3—General Policies

the contracting officer to ensure such

full and free competition as is consist8 1-1.301 Methods of procurement.

ent with the procurement of types of

supplies and services necessary to § 1-1.301-1 Competition.

meet the requirements of the agency

concerned. Offers shall not knowingly All purchases and contracts, whether by formal advertising or by negotia

be solicited on the basis of race, creed, tion, shall be made on a competitive

color, sex, age, or national origin of basis to the maximum practicable

prospective sources. extent.

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

41 FR 38166, Sept. 9, 1976) 8 1-1.301-2 Formal advertising.

Contracts for property and services 81-1.302–2 Production and research and shall be made by formal advertising in

development pools. all cases in which the use of such (a) Description. A production or remethod is feasible and practicable search and development pool is a under the existing conditions and cir- group of concerns: (1) Which have ascumstances. Procurement by formal sociated together for the purpose of advertising shall be in accordance with obtaining and performing jointly, or in detailed requirements and procedures conjunction with each other, contracts set forth in Part 2 of this chapter.

for supplies or services, or for research

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