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Sec.

tion and

for use

Sub

Subpart 1-1

8c

Sec. 1-1.1006-3 Conditions. 1-1.1006-4 Commerce Business Dally an.

nouncements. 1-1.1007 Agency responsibility for per

formance with synopsizing

program. Subpart 1-1.11-Qualified Products 1-1.1101 Procurement of quallded prod.

ucts.

Sec.
1-1.1800
1-1.1801
1-1.1802
1-1.1803

PC
Ро

Ро

1- 1.801-1 Labor surplus area concerns.
1-1.801-2 Labor surplus area.

1-1.801-3 Small business concern. Small 1-1.802 Labor surplus area policles. Hon.

1-1.802–1 General policy.
1-1.802–2 Specific policies.

1-1.802–3 Buy American Act. ts.

1-1.803 (Reserved)

1-1.804 Partial set-asides for labor ru. t-asides.

plus area concerns. cy. 1-1.804-1 General. by SBA

1-1.804-2 Notice to bidders or offerons. er small 1-1.804 3 Award procedures.

1-1.804 4 Withdrawal of set-asides.

1-1.804-6 Contract authority. e pro1-1.805 Subcontracting with labor sur

plus area concerns. lon of 1-1.805-1 General.

1-1.805-2 Labor surplus area subcontract pt of

ing program.
Syn 1-1.806–3 Required clauses.
1-1.8064 Review of subcontracting pro-

gram.
1-1.806 Depressed industrles.
sete 1-1.806-1 General.

1-1.806–2 (Reserved]
1-1.806-3 Petroleum and petroleum prod.

ucts Industry (Notification No.
pro-

58). 1-1.8064 (Reserved] 1-1.8066 (Reserved]

1-1.807 Records and reports. e of - Subpart 1-1.9-Reporting Possible Antitrust

Violations
281-

1-1.901 General.
1-1.902 Documents to be transmitted

1-1.903 Additional Information.
ng
Subpart 1-1.10 Publicizing Procurement

Actions 1-1.1001 General policy. 1-1.1002

bids and requests for pro

Subpart 1-1.12- Responsible Prospectivo

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

sible prospective contractors. 1-1.1203-1 General standards. 1-1.1203-2 Additional standards. 1-1.1203-3 Special standards. 1-1.1204-4 Ability to meet certain minimum

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 responsibility of

prospective contractors. 1-1.1205-1 General. 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 1-1.14 [Reserved)

Subpart 1-1.15 [Reserved] 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. 1-1.1606 Information to be obtained from

bidders. 1-1.1806–1 Invitation for bids provision. 1-1.1806–2 Fallure to provide information.

1-1.1803-1 Fa 1-1.1803-2 1-1.1803-3 AM 1-1.1803-4 Pa 1-1.1803-5 Со 1-1.1804 Su 1-1.1805 Re 1-1.1806 Po

Subparts Subpart 1-1. 1-1.2300

Sc 1-1.2301 1-1.2302 Ad 1-1.2302-1 So 1-1.2302-2 Co 1-1.2302-3 Со 1-1.2302-4 Ех. 1-1.2302-5 Wi

AUTHORITY: Issued under U.S.C. 486(c).

SOURCE: The appear at 29 F otherwise noted 8 1-1.000 SE

This part s cedures conce curement Reg of terms used general policie gent fees; de ders; small surplus area c antitrust viola ment actions;

Subpart 1-1 8 1-1.001 Sc

This subpa) information p Procurement purpose, aut ance, arangen deviation proc 8 1-1.002 P.

This subpa. Procurement E codification ar policies and Federal agenc personal prope ices (includin

Availabuity of lovltations for

posals.
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 Syd-

opsis.
1-1.1003–2 General requirements.
1-1.1003–3 Special areas of negotiation.
1-1.1003-4 Synopses of subcontract oppor.

tunities.
1-1.1003–6 Pre-invitation notices.
1-1.1003-8 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.
1-1.1006–9 Codes for supplies.
1-1.1006 Advance planning procurement

Information.
1-1.1006-1 General
1-1.1006–) Application.

9

[graphic]

adequate co
interests.
$ 1-1.007
§ 1-1.007-1

The gene
and nomen
Procuremer
FEDERAL RE
for the FPR
$ 1-1.007-2

The num!
tification of
represents t

to each ag
This is foli
which may
lowed by a
after the d
spectively, t
digits), and
paragraph,
inferior divi
vision is ca
in which the
ter, the sec
subpart, the
and the sixt
$1-1.007-3

Federal P

be cited in a
ister standa
Thus, this
divisions of
Regulations
1.007-3 of the
tion is refe
documents,
be cited as
section of F
tions may
purposes of
by the sect
1-1.007-3."
$1-1.008

As portio
scribed, ag
FEDERAL RE
tions deeme
cerns, and
understand
procuremer
which imple
from the F
Interest pri
guidance n
menting res
conform w
ment.

by lease, of this chapter nevertheless may be ex.
visions of cluded from Federal Procurement Regu-
s regula lations. These exclusions include the
strator of following categorles:
leral Pro (a) Subject matter which bears & se-
as well as

curity classification.
regula (b) Policy or procedure which is ex-
pplement pected to be effective for a perlod of less

than six months.

(c) Policy or procedure which is be-
ing instituted on a experimental basde

for a reasonable period.
ulations
inistra-

8 1-1.006 Lesuance.
he Fed § 1-1.006-1 Code arrangemenl.
e Sery.

Federal Procurement Regulations are
ne Fed.

issued in the Code of Federal Regulations
are de.

as Chapter I of Title 41, Public Con.
ne Ad-
rement

tracts. Succeeding chapters of Title 41

are devoted to implementing and sup-
gencies
ator of

plementing material developed and is.

sued by particular Federal agencies to e Fed

govern their procurement activities, as Sery

well as regulations of general application
corities

to procurement agencies issued by other
Federal regulatory agencies, such as the
Department of Labor under the Walsh-

Healey Public Contracts Act.
ations

§ 1-1.006–2 Publication.
e ex-
perty

Federal Procurement Regulations are
1949

published (in Title 41) in the dally Issue law.

of the FEDERAL REGISTER, In cumulated

form in the Code of Federal Regulations, and

and in separate loose-leaf volume form. natic 81–1.006–3 Copies.

Copies of Federal Procurement Rego sup

ulations in Federal Register and Code

of Federal Regulations form may be purese

chased by Federal agencies and the pubon

lic, at nominal cost, from the Superin-
ore,

tendent of Documents, Government
ion
end

Printing Office, Washington, D.C. 20402.
de-
cu-
de

adequate consideration of small business interests. 81-1.007 Arrangement. § 1-1.007-1 General plan.

The general plan, numbering system, and nomenclature used in the Federal Procurement Regulations conform with FEDERAL REGISTER standards approved for the FPR. § 1-1.007–2 Numbering.

The numbering system permits identification of every unit. The first digit represents the chapter number allocated to each agency, followed by a dash. This is followed by the part number which may be one or more digits followed by a decimal point. The numbers after the decimal points represent, respectively, the subpart, section (in two digits), and, after the dash, subsection. paragraph, subparagraph, and further inferior divisions. For example, this division is called (section) "81-1.007-2," in which the first digit denotes the chapter, the second the part, the third the subpart, the fourth and fifth the section and the sixth the subsection. 81-1.007–3 Citation.

Federal Procurement Regulations will be cited in accordance with Federal Reg. ister standards approved for the FPR. Thus, this section, when referred to in divisions of the Federal Procurement Regulations, should be cited as “g 11.007-3 of this chapter.” When this section is referred to formally in official documents, such as legal briefs, it should be cited as “41 CFR 1-1.007-3." Any section of Federal Procurement Regulations may be informally identified, for purposes of brevity, as "FPR" followed by the section number, such as “FPR 1-1.007-3." 8 1-1.008 Agency implementation.

As portions of FPR material are prescribed, agencies shall publish in the FEDERAL REGISTER Implementing regulations deemed necessary for business concerns, and others properly interested, to understand basic and significant agency procurement policies and procedures which implement, supplement, or deviate from the FPR. Detailed instructions of Interest primarily for internal agency guidance need not be published. Implementing regulations shall be prepared to conform with FPR style and arrangement.

8 1-1.009 D § 1-1.009-1

As used in "deviation" in actions:

(a) When is set forth v clause coverir which varies

(b) When prescribed, us same purpose

(c) Alterat ard or other thorized in te

(d) The im the regulat greater limit upon the use procedure, tyr other procure not limited to. of a contract nection with proposals, awa tlement of con

(e) When a scribed, use of procedure. 8 1-1.009-2

In tho int maintaining 4 extent feasible eral Procuren kept to a mi follows:

(a) The he Ing procurem scribe a forma of deviations of the proced the General S

(b) In ind may be authc agency or the for this purp procedures es In each insta the nature of sons for such

(c) Deviatic be considered jointly by the tion and the tration unless ment of the ag to the objecti stances preclu such case, GS deviation.

prms

PE),

res

ces

Copies of Federal Procurement Regulations in loose-leaf volume form may be obtained by Federal agencies from the General Services Administration, in a very limited quantity, and may be purchased by the public from the Superin. tendent of Documents. $ 1-1.006–4 Coordination.

In the development of Federal Procurement Regulations, there will be solic. ited the views of interested Federal agencies and, where appropriate and feasible, the views of Interested business and professional organizations. The Regulations will be coordinated with the Small Business Administration to assure

11

[graphic]

individuals de ment;

(10) Promo relationships ment contract

(11) Other ciency, and eft curement orga [40 FR 12077,

Subpar Subpart 1$ 1-1.2010

For the pu
unless otherv
terms have th
subpart.
§ 1-1.202 E

"Executive
tive departm
ments of the
Air Force) o
ment in the
Government
owned Gover
$ 1-1.203 E

"Federal a
Agency or an
lative or judi

ment (except
Representati
the Capitol &
direction).
§ 1-1.204 E

"Head of t
retary, Atto
General,
Chairman, o
executive ag
dicated, incl
official of an
the mllitary
Secretary an
the Departm
Air Force.
$1–1.205

"Procuring
ganizational
agency whic
tract for th
property and
cluding cons
81-1.206

tivity.

"Head of

[ocr errors]

ince

rized, matters. This was the first recommenda

form tion (A-1) of the Commission's Report mange because of its overall importance in on but achieving the improvements that the -ision Commission proposed in the procurement

con process. The idea was also repeated in
ency the Report's second recommendation

(A-2).

(b) In response to these recommenda

tions, the Office of Federal Procurement ap- Policy was established by Pub. L. 93-400; 4.11, i.e., the Office of Federal Procurement Gov- Policy Act (41 U.S.C. 401-412). The Concess ference Report on the Act notes that the

Commission on Government Procure- 40

ment urged the creation of the Office by eral

statute. The Act states that it is the ices policy of the Congress to promote econ89

omy, efficiency, and effectiveness in the ery

procurement of property and services by and and for the executive branch of the ate- Federal Government. cies (40 FR 12077, Mar. 17, 1975) toThe

§ 1-1.011-2 Declaration of policy. Ein

Section 2 of the Act provides as Led follows: d

Sec. 2. It is declared to be the policy of 2).

effectiveness in the procurement of property

individuals doing business with the Govern-
ment;

(10) Promoting fair dealing and equitable
relationships among the parties in Govern-
ment contracting; and

(11) Otherwise promoting economy, effi-
ciency, and effectiveness in Government pro-
curement organizations and operations."
(40 FR 12077, Mar, 17, 1975)

Subpart 1-1.1- [Reserved!
Subpart 1-1.2-Definition of Terms
§ 1-1.201 Definitions.

For the purposes of this chapter, and
unless otherwise indicated, the following
terms have the meaning set forth in this
subpart.
§ 1-1.202 Executive agency.

"Executive agency" means any execu-
tive department (including the Depart-
ments of the Army, the Navy, and the
Air Force) or any independent establish-
ment in the executive branch of the
Government, including any wholly-
owned Government corporation.
81-1.203 Federal agency.

"Federal agency" means any executive
agency or any establishment in the legis-
lative or judicial branch of the Govern-
ment (except the Senate, the House of
Representatives, and the Architect of
the Capitol and any activities under his
direction).
81–1.204 Head of the agency.

"Head of the agency" means the Sec-
retary, Attorney General, Postmaster
General, Administrator, Governor.
Chairman, or other chief oficial of an
executive agency, unless otherwise in-
dicated, including any assistant chief
official of an executive agency and, for
the military departments, the Under
Secretary and any Assistant Secretary of
the Departments of the Army, Navy, and
Air Force.
8 1-1.205 Procuring activity.

"Procuring activity" means the or-
ganizational element of an executive
agency which has responsibility to con-
tract for the procurement of personal
property and nonpersonal services (in-
cluding construction).
$1–1.206 Head of the procuring ac-

tivity.
“Head of the procuring activity"
means that oficial, intermediate between

as

Congress to promote economy, efficiency, and and services by and for the executive branch of the Federal Government by—(1) Estab

lishing policies, procedures, and practices -1 which will require the Government to ko

quire property and services of the requisite quality and within the time needed at the lowest reasonable cost, utilizing competitive procurement methods to the maximum ex. tent practicable;

(2) Improving the quality, efficiency, econo omy, and performance of Government procurement organizations and personnel;

(3) Avoiding or eliminating unnecessary overlapping or duplication of procurement and related activities;

(4) Avoiding or eliminating unnecessary or redundant requirements placed on cone tractor and Federal procurement officials;

(5) Identifying gaps, omissions, or inconsistencies in procurement laws, regulations, and directives and in other laws, regulations, and directives, relating to or affecting procurement;

(6) Achleving greater uniformity and simplicity, whenever appropriate, in procurement procedures;

(7) Coordinating procurement policies and programs of the several departments and agencies;

(8) Minimizing possible disruptive effects of Government procurement on particular industries, areas, or occupations;

(9) Improving understanding of Government procurement laws and policies within the Government and by organizations and

the head of tracting office Ity for superi procuring acti 8 1-1.207 C

"Contractin designated to contracts and tions and find 8 1-1.208 C

“Contract" binding legal Ing the seller erty or nonpe construction) therefor. It is mitments whi ment to an E which, except are in writing signature do transactions r of offers by aw agreements an Issued thereu letters of inten chase orders, becomes effect or performand tract modifica 81-1.209 Pro

"Procuremer (and directly non-Federal s erty and nong ing constructia chasing, rentir property), con not by seizure, or requisition. 130 F.R. 8217, JU SS 1-1.210—1 81-1.215 Go

"Governmen any of the foll

(a) An inst Government.

(b) An agen State or local session, or Pue

(c) An agend foreign govern 81–1.216 Un

"United Stat graphic sense, District of Colu

13

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