struction) and leasing of real property by the Department of Commerce or by any organizational unit thereof.

§ 13-1.003 Authority.

The DOCPR are prescribed by the Assistant Secretary for Administration under the authorities contained in 5 U.S.C. 301, 5 U.S.C. 552 and section 205(c), Federal Property and Administrative Services Act of 1949 as amended (40 U.S.C. 486(c)), as delegated by the Secretary in Department Organization Order 10-5.

§ 13-1.004 Applicability.

The FPR and DOCPR apply to all procurements, by every operating unit and any other organizational element of the Department of Commerce except where specific limited exception authority is provided to the Maritime Administration. This exception will only be exercised upon appropriate determination by the Assistant Secretary for Maritime Affairs or a properly designated delegate. A copy of each exception determination shall be forwarded to the Director, Office of Procurement and Automatic Data Processing Management.

§ 13-1.004.50 Relationship to the FPR.

Material published in the DOCPR will not repeat, paraphrase, or otherwise restate the FPR except to the extent necessary to supplement, implement, or deviate therefrom.

(a) Comments and suggestions of interested Departmental procurement activities will be solicited where feasible during the development of DOCPR issuances. Comments and suggestions of others will be solicited only when and to the extent deemed appropriate by the Assistant Secretary for Administration.

(b) Where there is urgent or compelling need to issue regulations which precludes adherence to the procedures in paragraph (a) of this section, such regulations shall be issued as consecutively numbered Temporary Department of Commerce Procurement Regulations (TDOCPR) and distributed as appendicies to the loose leaf DOCPR volumes. Each TDOCPR shall be effective for a period stated within the TDOCPR, which period shall not exceed six months from the date of issuance unless extended by the Assistant Secretary for Administration.

(c) If a temporary regulation, issued pursuant to paragraph (b) of this section, is intended for eventual permanent implementation, it shall be distributed for comments and suggestions in accordance with paragraph (a) of this section. Notices of temporary regulation implementation will be published in the FEDERAL REGISTER when the TDOCPR involves material revision to existing DOCPR content of significance to business concerns and

others properly interested, and where otherwise deemed appropriate by the Assistant Secretary for Administration.

§ 13-1.007 Arrangement.

§ 13-1.007-1 General plan.

The general plan, numbering system and nomenclature, used in the DOCPR conform with those of the Federal Procurement Regulations and FEDERAL REGISTER standards approved for the FPR.

§ 13-1.007-2 Numbering.

(a) This Chapter 13 has been allocated to the Department of Commerce for implementing, supplementing and deviating from Chapter 1 of Title 41 CFR.

(b) Where the DOCPR implements or deviates from a part, subpart, section, or subsection of the FPR, the DOCPR part, subpart, section, or subsection will be numbered and captioned to correspond to the part, subpart, section, or subsection of Chapter 1, of Title 41 CFR.

(c) Where the subject matter contained in a part, subpart, section, or subsection of FPR requires no further implementation, the DOCPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs.

(d) DOCPR's which supplement the FPR will be assigned an appropriate number and title different from any assigned to an FPR.

DOCPR will be cited in accordance with FEDERAL REGISTER standards approved for the FPR. Thus this section, when referred to in sections of the DOCPR, should be cited as "§ 131.007-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 13-1.0073." Any section of DOCPR may be informally identified, for purposes of brevity, as DOCPR followed by the section number, i.e., "DOCPR 131.007-3."

§ 13-1.008 Agency implementation.

§ 13-1.008-50 Particular regulatory requirements of operating units or Departmental offices.

DOCPR issuances may be requested by heads of operating units or Departmental offices to provide for their special regulatory requirements. Such requests shall be submitted to the Assistant Secretary for Administration for approval and issuance as appropriate.

§ 13-1.009 Deviation.

Deviations from the FPR and DOCPR shall be kept to a minimum and controlled as prescribed in this section.

§ 13-1.009-2 Procedure.

(a) Deviations in both individual cases and classes of cases must be authorized in advance by the Director, Office of Procurement and Automatic Data Processing Management (OP&ADPM). Requests for such authorization may be initiated by the heads of operating units or by the heads of their procuring activities. Requests shall: Cite the specific parts of the FPR or DOCPR from which it is desired to deviate; provide a full description of the deviation; indicate the circumstances which will require use of the deviation; and give detailed reasons supporting the action requested.

(b) Where the deviation applies to a class of cases, authorization will be subject to prior coordination with the General Services Administration by the Office of Procurement and Automatic Data Processing Management unless, in the considered judgment of the Director (OP&ADPM), and with due regard to the objective of uniformity, circumstances preclude such coordination. In such an instance, the Office of Procurement and Automatic Data Processing Management shall inform the GSA of the deviation and circumstances under which it was required.

(c) Authorization will be by memorandum addressed to the requesting officer with copies to any other interested offices. The contract file(s) of the requesting office shall include a

§ 13-1.205 Procuring activity.

"Department of Commerce Procuring Activity" means that organizational element or associated elements of an operating unit or Department office to which procurement authority and responsibility has been delegated.

§ 13-1.206 Head of the procuring activity. "Head of the procuring activity" means the head of an operating unit or Departmental office which has been delegated procurement authority by the Assistant Secretary for Administration or that deputy, assistant or associate head of the operating unit or Departmental office to whom procurement authority is in turn delegated together with assignment of responsibility for direction and management of the procuring activity. Authorities and responsibilities of the head of the procuring activity shall not be redelegated.

§ 13-1.250 Organizational elements.

The definitions of various Departmental organizational elements as contained in the Department's Organizational Order series shall apply to Departmental organizational elements referred to in Chapter 13 (DOCPR).

Subpart 13-1.3-General Policies

§ 13-1.302 Procurement sources.

§ 13-1.302-3 Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employ

ees.

When a requisitioning office becomes aware that a suggested procurement source is either a Government employee(s) or a business or organization substantially owned by a Government employee(s), or the spouse or immediate family of a Government employee(s) the appropriate procurement office shall be immediately notified and shall seek alternative sources. If no alternative sources can be located, the requisitioning office shall prepare a written justification to clearly support a contracting officer decision to procure from the Government employee source and to provide for actions, where possible, to to prevent future related procurements from employee sources. Approvals shall be obtained from the head of the operating unit or Departmental office responsible for the requisitioning office and from the Assistant Secretary for Administration or designee prior to any procurement award to a Government employee source.

§ 13-1.305 Specifications.

§ 13-1.305-3 Deviations from Federal specifications.

The head of each procuring activity shall be responsible to ensure that the requirements contained in 41 CFR 11.305-3 are met and that the recommendations and notifications required therein are submitted to the General Services Administration.

§ 13-1.306 Standards.

§ 13-1.306-1 Mandatory use and application of Federal standards.

Justifications and requests for exceptions from mandatory use of Federal standards as required by 41 CFR 11.306-1 shall be submitted to the General Services Administration by the