upon notice to the parties, make the rules in this part apply, in whole or in part, to any appeal pending under the contract appeal rules of any operating element of the Department of Transportation. However, if any party to such an appeal objects, in writing, within 20 days after receipt of notice, the rules in this part do not apply until the Board expressly finds that their application is just and warranted. The contract appeals rules of each such operating element remain in effect for all appeals pending on the effective date of the rules in this part, except as otherwise ordered by the Board under this section after notice to the parties.

(b) Part 1 of the regulations of the Secretary of Transportation (49 CFR Part 1) is hereby modified to the extent that it is inconsistent with this part.

12B-1.5000

12B-1.5001

12B-1.5002

12B-1.5003

12B-1.5004 12B-1.5005

Scope of subpart.
Definition.

Applicability.

Procedures.

Exercise of options.

Examples of option clauses.

AUTHORITY: The provisions of this Part 12B-1 issued under sec. 633, 63 Stat. 545, secs. 2301-2314, 70A Stat. 127-133, as amended, sec. 6(b), 80 Stat. 938; 14 U.S.C. 633, 10 U.S.C. 2301-2314, 49 U.S.C. 1655 (b); 49 CFR 1.4 (a) (2) and (f).

SOURCE: The provisions of this Part 12B-1 appear at 33 F.R. 16202, Nov. 5, 1968, unless otherwise noted.

Subpart 12B-1.0-Regulation System

§ 12B-1.001 Scope of Coast Guard Procurement Regulations (CGPR).

(a) This Chapter 12B establishes for the Coast Guard uniform policies and procedures relating to the procurement of supplies and services (including construction) and the procurement of real property by lease.

(b) By agreement with the Administrator, General Services Administration (Jan. 17, 1963), the Federal Procurement Regulations (FPR) in Chapter 1 of this title are adopted and are the requirements governing the Coast Guard except as stated otherwise in this chapter. The Federal Procurement Regulations (FPR), as implemented and supplemented by Department of Transportation Procurement Regulations and the Coast Guard Procurement Regulations, are the authorized regulations governing the procurement of supplies and services (including construction) and the procurement of real property by lease by the Coast Guard.

(c) This Subpart 12B-1.0 describes the Coast Guard Procurement Regulations (CGPR) in this Chapter 12B in terms of establishment, authority, applicability, issuance, arrangement, implementation and supplementation of the Federal Procurement Regulations (FPR) in Chapter 1 and the Department of Transportation Procurement Regulations (DOTPR) in Chapter 12 of this title, exclusions, deviations, and other Coast Guard procurement instructions. § 12B-1.002

Purpose.

(a) This Chapter 12B contains the Coast Guard Procurement Regulations

(CGPR) which require publication and these regulations implement and supplement the Federal Procurement Regulations (FPR) in Chapter 1 and the Department of Transportation Procurement Regulations (DOTPR) in Chapter 12 of this title.

(b) Where specific statutory provisions are applicable to the Coast Guard, the CGPR may set forth special policies and procedures. The CGPR contains references to the Armed Services Procurement Regulation (ASPR) for purposes of guidance or in order to incorporate by reference material in the ASPR into the CGPR.

§ 12B-1.003 Authority.

(a) The Coast Guard Procurement Regulations (CGPR) are prescribed pursuant to the authority of section 633 in Title 14, United States Code, Chapter 137 of Title 10, United States Code, and subsection 6(b) in the Department of Transportation Act (49 U.S.C. 1655 (b)), and the Secretary of Transportation's delegations of authority in 49 CFR 1.4 (a) (2) and (f).

(b) The Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471-524, 41 U.S.C. 5, 251-260), applies to the Coast Guard except as specified otherwise therein (see 41 U.S.C. 252); i.e., the laws governing Coast Guard's procurement generally are in Chapter 137 of Title 10, United States Code, as amended.

(c) The Secretary of Transportation by a rule in 49 CFR 1.4(g) authorized the Commandant, U.S. Coast Guard, to redelegate and authorize successive redelegations of authority within the Coast Guard of the authority granted to him by rule in 49 CFR 1.4.

§ 12B-1.004 Applicability.

The Coast Guard Procurement Regulations in this Chapter 12B shall apply to Coast Guard procurement made within and outside the United States unless otherwise specified.

§ 12B-1.004-50 Relationship to FPR, DOTPR, and ASPR.

(a) This section confirms the Coast Guard's use of the Federal Procurement Regulations as implemented and supplemented by the Department of Transportation Procurement Regulations as its basic procurement procedures, notwithstanding its military-type organization and responsibilities.

(b) Since the Coast Guard is governed by the same procurement law as the Department of Defense (10 U.S.C. 23012314 (Chapter 137)), and both agencies deal to a considerable extent with the same segment of industry, agreement has been reached with the General Services Administration (GSA) that the Coast Guard will follow the appropriate provisions of the Armed Services Procurement Regulation (ASPR) with respect to the purchase of special military-type equipment whenever the procurement situation is outside the scope of or not otherwise covered by the Federal Procurement Regulations (FPR). In such cases, deviation from the Federal Procurement Regulations may be effected without the need for further authorization from the GSA.

(c) When appropriate, provisions of the Armed Services Procurement Regulation (ASPR) will be prescribed for use by the Coast Guard in its CGPR in this chapter under the Federal Procurement Regulations System as supplementary material to the FPR in Chapter 1 and to the DOTPR in Chapter 12 of this title. § 12B-1.005 Exclusions.

(a) Certain Coast Guard procurement policies and procedures which come within the scope of this Chapter 12B nevertheless may be excluded therefrom when there is justification therefor. These exclusions may include the following categories:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than 6 months, and the persons affected are furnished copies of such policies or procedures.

(3) Policies or procedures which are effective on an experimental basis for a reasonable period, and the persons affected are furnished copies of such policies or procedures.

(4) Policies or procedures pertaining to other functions of the Coast Guard as well as procurement functions and there is need to make the issuance available simultaneously to all Coast Guard employees concerned.

(b) Procurement policies and procedures issued in other than the FPR System format under paragraph (a) of this section will be codified into this Chapter 12B at the earliest practicable date, but in any event not later than 6 months from date of issuance.