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PART 1-1-GENERAL

Sec. 1-1.000 Scope of part.

Subpart 1-1.0–Regulation System 1-1.001 Scope of subpart. 1-1.002 Purpose. 1-1.003 Authority. 1-1.004 Applicability. 1-1.004-1 Leases of real property. 1-1.005 Exclusions. 1-1.006 Issuance. 1-1.006-1 Code arrangement. 1-1.006-2 Publication. 1-1.006-3 Copies. 1-1.006-4 Coordination. 1-1.007 Arrangement. 1-1.007-1 General plan. 1-1.007-2 Numbering. 1-1.007-3 Citation. 1-1.008 Agency implementation. 1-1.009 Deviation. 1-1.009-1 Description. 1-1.009-2 Procedure. 1-1.009-3 Limitation on deviations. 1-1.010 Interagency Procurement Policy

Committee. 1-1.011 Office of Federal Procurement

Policy Act. 1-1.011-1 General. 1-1.011-2 Declaration of policy.

Sec. 1-1.302-2 Production and research and de

velopment pools. 1-1.302-3 Contracts between the Govern

ment and Government employees or business concerns substantially owned

or controlled by Government employees. 1-1.303 Approval signatures. 1-1.304 Designation of solicitation opening

time. 1-1.305 Specifications. 1-1.305-1 Mandatory use of Federal Speci

fications. 1-1.305-2 Exceptions to mandatory use of

Federal Specifications. 1-1.305-3 Deviations from Federal Specifi

cations. 1-1.305-4 Optional use of Interim Federal

Specifications. 1-1.305-5 Use of Federal and Interim Fed

eral Specifications in Federal construc

tion contracts. 1-1.305-6 Military and departmental speci

fications. 1-1.306 Standards. 1-1.306-1 Mandatory use and application

of Federal Standards. 1-1.307 Purchase descriptions. 1-1.307-1 Applicability. 1-1.307-2 General requirements. 1-1.307-3 Commercial, and State and local

government specifications and stand

ards. 1-1.307-4 Brand name products or equal. 1-1.307-5 Limitations on use of "brand

name or equal" purchase descriptions. 1-1.307-6 Invitation for bids, “brand name

or equal" descriptions. 1-1.307-7 Bid evaluation and award,

“brand name or equal" descriptions. 1-1.307-8 Procedure for negotiated pro

curements and small purchases. 1-1.307-9 Inspection and acceptance. 1-1.308—1-310 [Reserved) 1-1.311 Priorities, allocations, and allot

ments. 1-1.312 (Reserved) 1-1.313 Records of contract actions. 1-1.314 Solicitations for informational or

planning purposes. 1-1.315 Use of liquidated damages provi.

sions in procurement contracts. 1-1.315-1 General. 1-1.315-2 Policy. 1-1.315-3 Contract provisions. 1-1.316 Time of delivery or performance. 1-1.316-1 Scope and applicability. 1-1.316-2 General. 1-1.316-3 Factors to be considered. 1-1.316-4 Terms. 1-1.316-5 Time of delivery clauses. 1-1.317 Noncollusive bids and proposals. 1-1.318 Disputes. 1-1.318-1 General. 1-1.318-2 Applicability of Act and excep

tions.

Subpart 1-1.1-[Reserved)

Subpart 1-1.2-Definition of Terms

1-1.201 Definitions. 1-1.202 Executive agency. 1-1.203 Federal agency. 1-1.204 Head of the agency. 1-1.205 Procuring activity. 1-1.206 Head of the procuring activity. 1-1.207 Contracting officer. 1-1.208 Contract. 1-1.209 Procurement. 1-1.210–1.214 [Reserved) 1-1.215 Government instrumentality. 1-1.216 United States. 1-1.217 Possessions. 1-1.218 Negotiation. 1-1.219 Contract modification. 1-1.220 Procurement item.

Subpart 1-1.3-General Policies

1-1.301 Methods of procurement. 1-1.301-1 Competition. 1-1.301-2 Formal advertising. 1-1.301-3 Negotiation. 1-1.302 Procurement sources. 1-1.302-1 General.

Sec. 1-1.318-3 Contractor certification for

claims over $50,000. 1-1.318-4 Contracting officer's decision. 1-1.318-5 Government claims against the

contractor. 1-1.318-6 Payment of interest on contrac

tors' claims. 1-1.318-7 Contract clause. 1-1.318-8 Applicability of clause. 1-1.319 Procurement of items using jewel

bearings. 1-1.320 Subcontractor gifts and kickbacks. 1-1.321-1-1.322 (Reserved) 1-1.323 Preference for U.S. Flag Air Carri

ers. 1-1.323-1 Policy. 1-1.323-2 Clause. 1-1.323-3 Availability or unavailability of

certificated air carrier. 1-1.323-4 Disallowance of expenditures. 1-1.323-5 Air freight forwarders. 1-1.324-1-1.326 [Reserved) 1-1.327 Protection of the privacy of indi

viduals. 1-1.327-1 General. 1-1.327-2 Definitions. 1-1.327-3 Statutory requirements. 1-1.327-4 Applicability. 1-1.327-5 Procedures. 1-1.328 Fraudulent claims. 1-1.329-1-1.338 (Reserved] 1-1.339 Energy conservation. 1-1.339-1 Authority. 1-1.339-2 Procedures. 1-1.339-3 Definitions. 1-1.340 Woman-owned business concerns. 1-1.340-1 General. 1-1.341 Contract data reporting. 1-1.342 Advance procurement planning

systems and procedures.

Sec. 1-1.501 Applicability. 1-1.502 Improper influence. 1-1.503 Covenant. 1-1.504 General principles and standards

applicable to the covenant. 1-1.504-1 Use of principles and standards. 1-1.504-2 Contingent character of the fee. 1-1.504-3 Exceptions to the prohibition. 1-1.504-4 Bona fide employee. 1-1.504-5 Bona fide established commercial

or selling agency maintained by the contractor for the purpose of securing busi

ness. 1-1.504-6 Fees for “information." 1-1.505 Representation and agreement re

quired from prospective contractors. 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 contingent fees. 1-1.509 Preservation of records.

Subpart 1-1.6-Debarred, Suspended, and

Ineligible Bidders

Subpart 1-1.4—Procurement Responsibility and

Authority 1-1.400 Scope of subpart. 1-1.401 Responsibility of the head of the

procuring activity. 1-1.402 Authority of contracting officers. 1-1.403 Requirements to be met before en

tering into contracts. 1-1.404 Selection, designation, and termi

nation of designation of contracting offi.

cers. 1-1.404-1 Selection. 1-1.404-2 Designation. 1-1.404-3 Termination of designation. 1-1.404-4 Assignment of duties to contract

ing officers. 1-1.405 Ratification of unauthorized con

tract awards. 1-1.406 Cost Accounting Standards.

Subpart 1-1.5-Contingent Fees 1-1.500 Scope of subpart.

1-1.600 Scope of subpart. 1-1.601 General. 1-1.601-1 Definitions. 1-1.602 Establishment and maintenance of

a list of concerns or individuals de

barred, suspended, or declared ineligible. 1-1.602-1 Bases for entry on the debarred,

suspended, and ineligible bidders list. 1-1.603 Treatment to be accorded firms or

individuals in debarred, suspended, or

ineligible status. 1-1.604 Causes and conditions applicable to

determination of debarment by an ex

ecutive agency. 1-1.604-1 Procedural requirements relating

to the imposition of debarment. 1-1.605 Suspension of bidders. 1-1.605-1 Causes and conditions under

which executive agencies may suspend

contractors. 1-1.605-2 Period and scope of suspension. 1-1.605-3 Notice of suspension. 1-1.605-4 Hearings. 1-1.605-5 Restrictions during period of sus

pension. 1-1.606 Agency procedure. 1-1.607 General Services Administration

responsibility.

13-131 0-83_-2

Sec.

Sec.
Subpart 1-1.1-Small Business Concerns 1-1.710-1 General.

1-1.710-2 Small business subcontracting 1-1.700 General.

program. 1-1.701 Definitions.

1-1.710-3 Required clauses. 1-1.701-1 Small business concern (for Gov.

1-1.710-4 Review of subcontracting proernment procurement).

gram. 1-1.701-2 Affiliates. 1-1.701-3 Dominance in field of operation.

1-1.711 Federal Supply Schedule contracts. 1-1.701-4 Small business Government sub

1-1.712 Small business participation in recontractors.

search and development procurement 1-1.701-5 Number of employees.

actions. 1-1.701-6 Industry.

1-1.712-1 Publicizing research and develop1-1.701-7 Certificate of competency and

ment procurement actions to attract determination of eligibility.

small business. 1-1.701-8 Set-aside for small business.

1-1.712-2 Expansion of small business 1-1.701-9 Small business restricted adver sources for research and development tising.

procurement. 1-1.701-10 Base maintenance.

1-1.712-3 Selection of small business 1-1.701-11 Differentials.

sources for research and development 1-1.702 Small business policies.

procurement. 1-1.703 Determination of status as a small 1-1.713 Contracts with the Small Business business concern.

Administration. 1-1.703-1 Representation by bidder or of- 1-1.713-1 Authority. feror.

1-1.713-2 Policy. 1-1.703-2 Protest regarding small business 1-1.713-3 Procurement of supplies, servstatus.

ices, and research and development. 1-1.704 Agency program direction and op

and op; 1-1.713-4 Procurement of construction. eration. [Reserved for use by individual agencies]

Subpart 1-1.8–Labor Surplus Area Concerns 1-1.705 Cooperation with the Small Business Administration.

1-1.800 Scope of subpart. 1-1.705-1 General.

1-1.801 Definitions. 1-1.705-2 SBA representatives.

1-1.802 Labor surplus area policies. 1-1.705-3 Screening of procurements.

1-1.802-1 General policy. 1-1.705-4 Access to information. 1-1.705-5 Joint small business set-asides.

1-1.802-2 Specific policies. 1-1.705-6 Certificates of competency.

1-1.802-3 Buy American Act. 1-1.705-7 Performance of contract by SBA.

1-1.803 (Reserved) 1-1.706 Procurement set-asides for small 1-1.804 Total set-asides for labor surplus business.

area concerns. 1-1.706-1 General.

1-1.804-1 General. 1-1.706-2 Review of SBA set-aside propos 1-1.804-2 (Reserved) als.

1-1.804-3 Award procedures. 1-1.706-3 Withdrawal or modification of

1-1.804-4 Withdrawal of set-asides. set-asides.

1-1.804-5 Contract authority. 1-1.706-4 Reporting for Department of

1-1.805 Subcontracting with labor surplus Commerce Procurement Synopsis.

area concerns. 1-1.706-5 Total set-asides. 1-1.706-6

1-1.805-1 General. Partial set-asides. 1-1.706-7 Automatic dissolution of set

1-1.805-2 Labor surplus area subcontractasides.

ing program. 1-1.706-8 Contract authority.

1-1.805-3 Required clauses. 1-1.706-9 Public and private organizations 1-1.805-4 Review of subcontracting profor the handicapped or handicapped in

gram. dividuals.

1-1.806 Depressed industries. 1-1.707 (Reserved)

1-1.806-1 General. 1-1.708 Certificate of competency program. 1-1.807 Records and reports. 1-1.708-1 General. 1-1.708-2 Applicability and procedure.

Subpart 1-1.9-Reporting Possible Antitrust 1-1.708-3 Conclusiveness of certificates of

Violations competency and determinations of eligibility.

1-1.901 General. 1-1.709 Records and reports.

1-1.902 Documents to be transmitted. 1-1.710 Subcontracting with small business1-1.903 Additional information.

concerns.

Sec.

· Sec. 1-1.1205-2 When information will be ob

tained. 1-1.1205-3 Sources of information. 1-1.1205-4 Preaward surveys. 1-1.1206 Subcontractor responsibility. 1-1.1207 Disclosure of preaward data.

Subpart 1-1.13— Minority Business Enterprises

1-1.1300 Scope of subpart. 1-1.1301 Applicability. 1-1.1302 Agency programs. 1-1.1303 Solicitation representation. 1-1.1304–1-1.1309 (Reserved) 1-1.1310 Subcontracting with minority

business enterprises. 1-1.1310-1 General. 1-1.1310-2 Required clauses.

Subpart 1-1.10—Publicizing Procurement

Actions 1-1.1001 General policy. 1-1.1002 Availability of invitations for bids

and requests for proposals. 1-1.1002-1 Availability of procurement in

formation and publications. 1-1.1002-2 Publicizing proposed small pur

chases. 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 Synopses of special notices used

in connection with market searches for

competitive sources. 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. 1-1.1005 Classification codes. 1-1.1005-1 Codes for services. 1-1.1005-2 Codes for supplies. 1-1.1006 Advance planning procurement

information. 1-1.1006-1 General. 1-1.1006-2 Application. 1-1.1006-3 Conditions. 1-1.1006–4 Commerce Business Daily an.

nouncements. 1-1.1007 Agency responsibility for con

formance with synopsizing program. 1-1.1008 Government commercial or indus

trial-type activities (Note).

Subpart 1-1.14 Telecommunications

Subpart 1-1.15—Options 1-1.1500 Scope of subpart. 1-1.1501 Definition. 1-1.1502 Use of options. 1-1.1503 Solicitations. 1-1.1504 Contracts. 1-1.1505 Documentation. 1-1.1506 Evaluation. 1-1.1507 Exercise of options. 1-1.1508 Examples of evaluation of option

solicitation provisions and option

clauses. 1-1.1508-1 Evaluation of option solicitation

provisions. 1-1.1508-2 Option clauses.

Subpart 1-1.11- Qualified Products 1-1.1101 Procurement of qualified prod

ucts.

Subpart 1-1.16—Reports of Identical Bids 1-1.1601 General. 1-1.1602 Definitions. 1-1.1603 Reporting requirements. 1-1.1603-1 Cases to be reported. 1-1.1603-2 Preparation of reports. 1-1.1603-3 Submission of reports. 1-1.1604 Supplemental requests by Attor.

ney General. 1-1.1605 Information to be obtained from

bidders. 1-1.1605-1 Invitation for bids provision. 1-1.1605-2 Failure to provide information.

Subpart 1-1.17—[Reserved]

Subpart 1-1.12—Responsible Prospective

Contractors 1-1.1200 Scope of subpart. 1-1.1201 Applicability. 1-1.1202 General policy. 1-1.1203 Minimum standards for responsi.

ble prospective contractors. 1-1.1203-1 General standards. 1-1.1203-2 Additional standards. 1-1.1203-3 Special standards. 1-1.1203-4 Ability to meet certain mini

mum standards. 1-1.1204 Determination of responsibility or

nonresponsibility. 1-1.1204-1 Requirement. 1-1.1204-2 Affiliated concerns. 1-1.1205 Procedures for determining re

sponsibility of prospective contractors. 1-1.1205-1 General.

Subpart 1-1.18—Postaward Orientation of

Contractors 1-1.1800 Scope of subpart. 1-1.1801 (Reserved) 1-1.1802 Policy. 1-1.1803 Postaward orientation confer

ences. 1-1.1803-1 Factors.' 1-1.1803-2 Initial action. 1-1.1803-3 Agenda.

Sec. 1-1.1803-4 Participants. 1-1.1803-5 Conference procedure. 1-1.1804 Subcontract conferences. 1-1.1805 Reports. 1-1.1806 Postaward letters.

Subparts 1-1.19—1-1.22 (Reserved)

uniform policies and procedures applicable to Federal agencies in the procurement of personal property and nonpersonal services (including construction) and the procurement of real property by lease, except as limited by the provisions of § 1-1.004. The system includes regulations prescribed by the Administrator of General Services, called the Federal Procurement Regu. lations (FPR), as well as individual agency procurement regulations which implement and supplement the FPR. (30 FR 8217, June 26, 1965)

Subpart 1-1.23—Environmental Protection 1-1.2300 Scope of subpart. 1-1.2301 Policy. 1-1.2302 Administration and enforcement. 1-1.2302-1 Solicitation provision. 1-1.2302-2 Contract clause. 1-1.2302-3 Compliance responsibilities. 1-1.2302-4 Exemptions. 1-1.2302-5 Withholding award.

Subpart 1-1.24—[Reserved) Subpart 1-1.25—Recovered Materials 1-1.2500 Scope of subpart. 1-1.2501 Policy. 1-1.2502 General. 1-1.2503 Definitions. 1-1.2504 Procedures.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 29 FR 10104, July 24, 1964, unless otherwise noted. § 1-1.000 Scope of part.

This part sets forth policies and procedures concerning: The Federal Procurement Regulations System; definitions of term used throughout this chapter; general policies of procurement; contingent fees; debarred and ineligible bidders; small business concerns; labor surplus area concerns; reporting possible antitrust violations; publicizing procurement actions; and qualified products.

8 1-1.003 Authority.

The Federal Procurement Regulations System is prescribed by the Administrator of General Services under the Federal Property and Administrative Services Act of 1949, as amended. The Federal Procurement Regulations are developed in cooperation with the Administrator for Federal Procurement Policy and the procurement agencies and are issued by the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949, and other authorities especially cited. [40 FR 12076, Mar. 17, 1975)

Subpart 1-1.0—Regulation System

§ 1-1.004 Applicability.

The Federal Procurement Regulations apply to all Federal agencies to the extent specified in the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), or in other law. Except for standard Government forms and clauses, Federal Specifications and Standards, procurement of automatic data processing equipment (ADPE), software, maintenance services, and supplies, and except as directed by the President, Congress, or other authority, these regulations are not made 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. [40 FR 12076, Mar. 17, 1975)

8 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. 8 1-1.002 Purpose.

This subpart establishes the Federal Procurement Regulations System for the codification and publication of

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