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Subpart 1-1.23-Environmental Protection

1-1.2300 Scope of subpart.

Policy.

Administration and enforcement. Solicitation provision.

1-1.2301

1-1.2302

1-1.2302-1

1-1.2302-2

Contract clause.

1-1.2302-3

1-1.2302-4

1-1.2302-5

Compliance responsibilities. Exemptions.

Withholding award.

AUTHORITY: The provisions of this Part 1-1 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 1-1 appear at 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; definition of terms 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. 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, arangement, implementation, and deviation procedure.

§ 1-1.002

Purpose.

This subpart establishes the Federal Procurement Regulations System for the codification and publication of 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 Regulations (FPR), as well as individual agency procurement regulations which implement and supplement the FPR.

[30 F.R. 8217, June 26, 1965]

§ 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]

§ 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]

§ 1-1.004-1 Leases of real property.

The FPR apply to leases of real property only to the extent explicity stated in specific FPR provisions. Suparts 11.0 and 1-1.2 apply to leases of real property.

[30 F.R. 8217, June 26, 1965]

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Federal Procurement Regulations are published (in Title 41) in the daily issue of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations, and in separate loose-leaf volume form. § 1-1.006-3 Copies.

Copies of Federal Procurement Regulations in Federal Register and Code of Federal Regulations form may be purchased by Federal agencies and the public, at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. 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 Superintendent of Documents.

§ 1-1.006-4 Coordination.

In the development of Federal Procurement Regulations, there will be solicited 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

adequate consideration of small business interests.

§ 1-1.007 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) "§ 1-1.007-2," 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.

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Federal Procurement Regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the Federal Procurement Regulations, should be cited as "§ 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."

§ 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.

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As used in these Regulations, the term "deviation" includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form, except as may be authorized in the Regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits greater limitations than are imposed upon the use of a contract clause, form procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.

(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.

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In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the Federal Procurement Regulations shall be kept to a minimum and controlled as follows:

(a) The head of each agency exercisIng procurement authority shall prescribe a formal procedure for the control of deviations within the agency. A copy of the procedure shall be furnished to the General Services Administration.

(b) In individual cases, deviations may be authorized by the head of the agency or the officers designated by him for this purpose, in accordance with procedures established by the agency. In each instance the file shall disclose the nature of the deviation and the reasons for such special action.

(c) Deviations in classes of cases shall be considered on an expedited basis jointly by the agency desiring the deviation and the General Services Administration unless, in the considered judgment of the agency and with due regard to the objective of uniformity, circumstances preclude such joint effort. In such case, GSA will be notified of the deviation.

(d) Except as otherwise authorized, when any deviation in a contract form provision is authorized, physical change may not be made in the printed form but shall be made by appropriate provision in the schedule, specifications, or continuation sheet, as provided in agency procedures.

§ 1-1.009-3 Limitation on deviations.

Section 1-1.009-2, above, does not apply to the provisions of Subpart 1-4.11, Procurement and Contracting for Government-wide Automated Data Processing Equipment, Software, Maintenance Services, and Supplies. Pursuant to 40 U.S.C. 759 (Section 111 of the Federal Property and Administrative Services Act of 1949, as amended; Public Law 89306) the Administrator of General Services has authority to coordinate and provide for purchase, lease, and maintenance of equipment by Federal agencies as well as other matters relating to automated data management services. The exercise of procurement authority, including deviations, shall be accomplished as specified in Subpart 1-4.11 of the Federal Procurement Regulations (FPR). Procurement shall be accomplished as provided in Subpart 1-4.11.

141 FR 43538, Oct. 1, 1976]

§ 1-1.010 Interagency Procurement Policy Committee.

For the purpose of advising and assisting the General Services Administration in its Government-wide program for the development of uniform procurement policies and procedures, an Interagency Procurement Policy Committee, chaired by GSA, has been established. It is comprised of representatives of procurement and related Federal agencies designated by the heads of the agencies concerned.

[30 F.R. 9766, Aug. 5, 1965]

§ 1-1.011 Office of Federal Procurement Policy Act.

[40 FR 12077, Mar. 17, 1975]

§ 1-1.011-1 General.

(a) The Commission on Government Procurement urged the establishment by law of a central Office of Federal Procurement Policy in the Executive Office of the President, preferably in the Office of Management and Budget, with specialized competence to take the leadership in procurement policy and related

matters. This was the first recommendation (A-1) of the Commission's Report because of its overall importance in achieving the improvements that the Commission proposed in the procurement process. The idea was also repeated in the Report's second recommendation (A-2).

(b) In response to these recommendations, the Office of Federal Procurement Policy was established by Pub. L. 93-400; i.e., the Office of Federal Procurement Policy Act (41 U.S.C. 401-412). The Conference Report on the Act notes that the Commission on Government Procurement urged the creation of the Office by statute. The Act states that it is the policy of the Congress to promote economy, efficiency, and effectiveness in the procurement of property and services by and for the executive branch of the Federal Government.

[40 FR 12077, Mar. 17, 1975]

§ 1-1.011-2 Declaration of policy.

Section 2 of the Act provides as follows:

Sec. 2. It is declared to be the policy of Congress to promote economy, efficiency, and effectiveness in the procurement of property and services by and for the executive branch of the Federal Government by-(1) Establishing policies, procedures, and practices which will require the Government to acquire property and services of the requisite quality and within the time needed at the lowest reasonable cost, utilizing competitive procurement methods to the maximum extent practicable;

(2) Improving the quality, efficiency, economy, 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 contractor 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) Achieving 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

individuals doing business with the Government;

(10) Promoting fair dealing and equitable relationships among the parties in Government contracting; and

(11) Otherwise promoting economy, efficiency, and effectiveness in Government procurement 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 executive department (including the Departments of the Army, the Navy, and the Air Force) or any independent establishment in the executive branch of the Government, including any whollyowned Government corporation.

§ 1-1.203 Federal agency.

"Federal agency” means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his direction).

§ 1-1.204 Head of the agency.

"Head of the agency" means the Secretary, Attorney General, Postmaster General, Administrator. Governor, Chairman, or other chief official of an executive agency, unless otherwise indicated, 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.

§ 1-1.205 Procuring activity.

"Procuring activity" means the organizational element of an executive agency which has responsibility to contract for the procurement of personal property and nonpersonal services (including construction).

§ 1-1.206 Head of the procuring activity.

"Head of the procuring activity" means that official, intermediate between

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"Contracting officer" means an official designated to enter into or administer contracts and make related determinations and findings.

§ 1-1.208 Contract.

"Contract" means establishment of a binding legal relation basically obligating the seller to furnish personal property or nonpersonal services (including construction) and the buyer to pay therefor. It includes all types of commitments which obligate the Government to an expenditure of funds and which, except as otherwise authorized, are in writing. In addition to a twosignature document, it includes all transactions resulting from acceptance of offers by awards or notices of awards; agreements and job orders or task letters Issued thereunder; letter contracts; letters of intent; and orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance. It also includes contract modifications.

§ 1-1.209 Procurement.

"Procurement" means the acquisition (and directly related matters), from non-Federal sources, of personal property and nonpersonal services (including construction) by such means as purchasing, renting, leasing (including real property), contracting, or bartering, but not by seizure, condemnation, donation. or requisition.

[30 F.R. 8217, June 26, 1965]

§§ 1-1.210-1-1.214 [Reserved] § 1-1.215 Government instrumentality. "Government instrumentality" means any of the following:

(a) An instrumentality of the U.S. Government.

(b) An agency or instrumentality of a State or local government thereof, possession, or Puerto Rico.

(c) An agency or instrumentality of a foreign government.

§ 1-1.216 United States.

"United States", when used in a geographic sense, means the States and the District of Columbia.

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