§ 13-1.000 Scope of part.

This part establishes a system of procurement regulations and procedures applicable to procurement of personal property and nonpersonal services (including construction) by the Department of Commerce. This system is based upon the Federal Property and Administrative Services Act of 1949, and is comprised of the Federal Procurement Regulations (referred to herein as FPR), and the Commerce Procurement Regulations (referred to herein as COMPR), which are hereby established. This part describes the method by which the Commerce Department implements, supplements, and may deviate from the FPR, and sets forth policies and procedures which implement and supplement the FPR.

Subpart 13-1.0-Introduction

§ 13-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Commerce Procurement Regulations

§13-1.004-3 Description.

The meaning of COMPR “implementation," "supplementation," and "deviation" from the FPR includes the following:

(a) "Implementation" means a part, subpart, section, etc., which treats the policies and procedures of a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations. However, material in this Chapter 13 which differs from material in Chapter 1 of this title (FPR) shall be regarded as a deviation only if explicitly referenced to be a deviation. (b) "Supplementation" COMPR coverage of matters which have no counterpart in the FPR.

means

(c) “Deviation” is defined in FPR 11.009-1.

§ 13-1.004-4 Interim applications.

The regulations in this chapter apply to all Department of Commerce procurement actions, within and outside the United States, except as otherwise specified herein; however, existing Department of Commerce procurement regulations, procedures, instructions, and requirements, not in conflict with FPR, will remain in effect until superseded by an appropriate COMPR, or otherwise rescinded.

§ 13-1.005 Exclusions.

(a) Certain Department of Commerce procurement policies and procedures which come within the scope of this Chapter 13 nevertheless may be excluded when justified. These exclusions may include the following categories:

(1) Subject matter bearing a security classification.

(2) Policies or procedures effective for a period of less than 6 months.

(3) Policies or procedures effective on an experimental basis for a reasonable period.

(4) Where speed of issuance is essential, and numerous changes required in this Chapter 13 cannot be made promptly.

(b) Procurement policies and procedures issued under the authority of paragraph (a)(4) of this section will be codified into this Chapter 13 at the

earliest practicable date, but in any event not later than 6 months from date of issuance.

§ 13-1.006 Issuance.

§ 13-1.006-1 Code arrangement.

Department of Commerce Procurement Regulations which basically or significantly implement, supplement or deviate from the Federal Procurement Regulations, Chapter 1 of this title of the Code of Federal Regulations, will be published as this Chapter 13 of Title 41, Code of Federal Regulations.

§ 13-1.006-2 Publication.

This Chapter 13 of Title 41, Code of Federal Regulations will be published in the daily issues of the FEDERAL REGISTER, and in cumulated form in the Code of Federal Regulations.

§ 13-1.006-3 Copies.

Copies of the Department of Commerce Procurement Regulations in the FEDERAL REGISTER and the 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.

§ 13-1.007 Arrangement.

§ 13-1.007-1 General plan.

The Department of Commerce Procurement Regulations (COMPR) employ the same numbering system and nomenclature as the Federal Procurement Regulations and conform with 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 this title 41 CFR, the Federal Procurement Regulations.

(b) Where the COMPR implements (or deviates from) a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of COMPR will be numbered (and captioned) to correspond to

90-137 07814

the part, subpart, section, or subsection of Chapter 1 of this Title 41, CFR, the FPR.

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

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

§ 13-1.007-3 Citation.

Department of Commerce Procurement Regulations will be cited in accordance with FEDERAL REGISTER standards approved for the FPR. Thus this section, when referred to in sections of the Department of Commerce Procurement Regulations, should be cited as "13-1.007-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 13-1.007-3." Any section of Department of Commerce Procurement Regulations may be informally identified, for purposes of brevity, as COMPR followed by the section number, i.e., "COMPR 13-1.1007-3."

§ 13-1.008 Agency implementation.

§ 13-1.008-1 Suffixes.

COMPR's which may be issued to provide for special requirements of individual bureaus and offices will be identified by alphabetical suffixes to the appropriate digit 13 part, subpart, section, and subsection. Such suffixes will be assigned when regulations of this type are issued.

§ 13-1.009 Deviations.

Deviations from the FPR and COMPR shall be kept to a minimum and controlled as follows:

(a) Deviations in both individual cases and classes of cases must be ap

proved in advance by the Office of Administrative Services. Requests for approval of such deviations may be initiated by the heads of primary operating units or by the heads of their procuring activities. They shall be submitted to the Office of Administrative Services. Requests shall cite the specific parts of the FPR or COMPR from which it is desired to deviate, shall set forth the nature of the deviations, and shall give the reasons for the action requested.

(b) If a requested deviation is considered appropriate, approval will be accomplished as follows:

(1) Where the deviation applies to an individual case, approval will be granted by memorandum addressed to the requesting officer with copies to interested offices. The contract file of the requesting office shall include a copy of the request and approval.

(2) Where the deviation applies to a class of cases, necessary coordination with the General Services Administration will be accomplished by the Office of Administrative Services. Such class deviations will be issued as a part of COMPR.

(3) Where circumstances preclude the obtaining of prior concurrence of the GSA, to a class of cases, the Office of Administrative Services may authorize a deviation. In such an instance, the Office of Administrative Services shall inform the GSA of the deviation and circumstances under which it was required.

(c) The requesting office will be notified by memorandum, with copies to other interested offices, whenever a requested deviation is disapproved.

(d) In emergency situations involving individual cases, deviation approvals may be processed by telephone and later confirmed in writing.

(e) Requests for deviations may be made at any time. New FPR issuances should be reviewed upon receipt, so that requests for deviations can be acted upon prior to the effective date, whenever practicable.