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PART 2-1-GENERAL Subpart 2-1.1-Agency Procurement Regulation

System Sec. 2-1.101 Purpose. 2-1.102 Authority. 2-1.103 Applicability. 2-1.104 Issuance. 2–1.104-1 Relation to Federal Procurement

Regulations System. 2–1.104-2 Internal. 2-1.1043 Public. 2-1.104-4 FAPR Notices. 2-1.105 Arrangement. 2-1.105-1 Citation. 2-1.106 Agency implementation. 2–1.107 Deviation.

Subpart 2–1.2—Definition of Terms 2–1.204 Head of the agency. 2–1.206 Head of the procuring activity. 2-1.250 Chief officer responsible for pro

curement. Subpart 2–1.3—General Policies 2-1.310-6 Determination of responsibility. 2-1.310–7 Information regarding respon

sibility. 2-1.310-10 Performance records. 2-1.310–50 Master file. 2-1.318 Contracting Oficer's decision

under a disputes clause. Subpart 2-1.7—Small Business Concerns 2-1.700 General. 2–1.701-1 Small business concern (for

Government procurement). 2-1.710 Subcontracting with small busi

ness concerns. 2–1.710–1 General 2-1.710-4 Responsibility for reviewing the

subcontracting program. Subpart 2–1.8—Labor Surplus Area Concerns 2–1.801 Definitions. 2-1.801-2 Labor surplus areas. 2-1.802-1 General policy. 2-1.805 Subcontracting with labor sur

plus area concerns. 2-1.805–1 General. 2-1.805-4 Review of subcontracting pro

gram. 2-1.807 Report on preference procure

ment in labor surplus areas. Subpart 2-1.10— Publicizing Procurement Actions 2-1.1002 Availability of invitation for bids

and requests for proposals. 2–1.1003–2 General requirements.

AUTHORITY: The provisions of this part 2–1 issued under secs. 303, 813, 72 Stat. 747, 752; 49 U.S.C. 1344, 1354.

Subpart 2-1.1-Agency Procurement

Regulation System § 2-1.101 Purpose.

The subpart establishes a system of Federal Aviation Agency Procurement Regulations (FAPR) for the codification and publication of policies and procedures for the procurement of services and personal property by the Federal Aviation Agency. § 2-1.102 Authority.

FAPR are issued in compliance with the Federal Procurement Regulations System, prescribed by the Administrator of General Services under the Federal Property and Administrative Services Act of 1949.

(a) Responsibility for the development of Chapter 2 of FAPR is assigned to the procurement Division, Installation and Materiel Service.

(b) Chapter 2 of the Federal Procurement Regulations System will contain procurement policies and procedures prescribed by the Chief, Procurement Division (IM–200), Installation and Materiel Service, for uniform application throughout the Federal Aviation Agency. § 2-1.103 Applicability.

Except where a deviation is specifically authorized in accordance with § 2–1.107, Agency employees engaged in procurement activities shall comply with the policies and procedures set forth in FPR and FAPR unless they are optional by their terms. § 2-1.104 Issuance. § 2-1.104-1 elation to Federal Pro

curement Regulations System. The Federal Procurement Regulations System is designed to bring together, under Title 41, Subtitle A of the Code of Federal Regulations, the procurement regulations applicable to all civilian agencies of the Government. Federal Procurement Regulations (FPR) Chapter 1. Chapter 2 is assigned for the procurement regulations of the Federal Aviation Agency (FAA). Chapters 3 through 49 will be used by other agencies. FPR (Chapter 1) is subdivided into 49 parts. Parts 1 through 49 of FAPR (Chapter 2) will be used to expand upon or modify the policies and procedures included in FPR. Material issued in the first 49 parts of FAPR


SOURCE: The provisions of this Part 2–1 appear at 29 F.R. 17092, Dec. 15, 1964, unless otherwise noted.

will be numerically keyed to the corresponding sections of FPR. Parts 50 through 99 of FAPR will be used for procurement policies and procedures for which there is no counterpart in FPR. The numbering system established by § 1-1.007-2 of this title will be utilized to the maximum practicable extent in FAPR. § 2-1.104–2 Internal.

FAPR will be published in loose-leaf form for distribution within the Federal Aviation Agency to procurement offices and others concerned. Requests to be placed on the distribution lists, or for extra copies, should be addressed to the Office of Headquarters Operations, Publishing and Graphics Division, Office of Management Services, Attn: Requirements and Distribution. § 2-1.104_3 Public.

Those parts of FAPR which contain basic and significant policies and procedures considered to be of interest to the general public will be published in the daily issue of the FEDERAL REGISTER and, in cumulated form, in the Code of Federal Regulations. The Procurement Division, Installation and Materiel Service, is responsible for determining what material shall be published and for preparing submissions for publication. Copies of FAPR in FEDERAL REGISTER and Code of Federal Regulations form may be purchased by the public, at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington D.C. 20402. § 2-1.104_4 FAPR Notices.

FAPR in loose-leaf form will be transmitted to the addresses of the distribution list by means of FAPR Notices. These notices will also be used to promulgate temporary, interim, and emergency procurement instructions. § 2-1.105 Arrangement. § 2-1.105–1 Citation.

Any section of FAPR may be informally identified in internal instructions or correspondence by “FAPR” followed by the section number. Only those sections of the regulations which have been published in the FEDERAL REGISTER may properly be incorporated in contracts by reference. Such sections

should be cited as “41 CFR” followed by the section number as “41 CFR 21.105-1". § 2-1.106 Agency implementation.

The heads of the various Agency procurement offices may issue local operating instructions and procedures consistent with FPR, FAPR, and other Agency regulations, policies and procedures for application solely within their own areas of responsibility. One copy of each such issuance shall be forwarded to the Procurement Division, Installation and Materiel Service. When such material is for application and distribution to only holders of the FAPR, it should be numerically keyed to the FAPR. § 2-1.107 Deviation.

Deviation (as defined in § 1-1009–1 of this title) from the FPR and FAPR shall be kept to a minimum and shall be controlled as follows:

(a) Requests for deviation may be initiated by the heads of the several Agency procurement offices. Such requests shall cite the specific part or section of FPR or FAPR from which it is desired to deviate, shall set forth the nature of the deviation and shall give the reasons why such action is considered necessary or desirable. Requests shall be submitted to the Installation and Materiel Service (Attn: Procurement Division) for advance approval.

(b) The Chief, Procurement Division, Installation and Materiel Service, is authorized to approve deviations. Such approval may be granted only when exceptional and special circumstances indicate that such action is clearly in the best interest of the Agency. A record of the nature of each such deviation, the justification for it, and the approval of it shall be prepared and included in the contract file.

(c) Deviations may be implemented under FAPR, or the procurement office concerned may be authorized to issue internal instructions incorporating the deviation, as applicable.

Subpart 2-1.2-Definition of Terms $ 2–1.204 Head of the agency.

The FPR refers to the “Head of the Agency" or "Agency Head" as a level of approval. Agency Order OA P 1100.1,

Paragraph 802, authorizes the Associate (8) Cost estimating and accounting
Administrator for Development to act system;
as agency head within the meaning of (9) Purchasing system (make-or-buy
Title III of the Federal Property and program);
Administrative Services Act of 1949, as

(10) Financial capability; amended, except in connection with the (11) Security clearance and plant Supersonic Transport Development Pro- protection; gram. Referrals to the agency head

(12) Equal opportunity policy; shall be made through the Chief, Pro

(13) Subcontracting policy; curement Division, IM-200.

(14) Property and inventory control;

(15) Ability to meet delivery schedule § 2-1.206 Head of the procuring activ

or performance date. ity.

(c) Contracting oficers are required "Head of the procuring activity" by law to award contracts only to remeans, for (a) Headquarters Washing- sponsible prospective contractors. ton, the Chief, Procurement Division, In- (d) When it is determined that a stallation and Materiel Service; (b) for prospective contractor does not meet the each region, the Director of the respec- minimum standards specified in $ 1tive region; and (c) for the Installation

1.310–5 of this title and any such addiand Materiel Depot, the Manager of the

tional standards as may be prescribed Depot.

in the solicitation, a copy of any memo$2–1.250 Chief officer responsible for randa or findings which set forth the procurement.

reasons for such a determination shall "Chief oficer responsible for procure

also be furnished for inclusion in the ment” shall be considered synonymous

Agency master file. with the title “head of the procuring § 2-1.310–7 Information regarding reactivity" (see $ 2–1.206).

sponsibility. Subpart 2-1.3—General Policies In addition to the sources itemized in

§ 1-1.310–7 of this title, the contracting § 2-1.310–6 Determination of responsi- officer shall utilize information conbility.

tained in the Agency master file estab(a) In every case where the procure- lished by 2-1.310–50. ment exceeds $10,000, the contracting officer shall prepare, in duplicate, a posi

§ 2-1.310-1 Performance records. tive statement of the facts on which the (a) Contractor performance evaluadetermination of responsibility is based. tion. Upon completion or termination One copy shall be placed in the contract of each contract exceeding $10,000 in file and the remaining copy shall be for- value, a Contractor Performance Evaluwarded to the Procurement Service ation Form, FAA Form 3458 will be comBranch, IM-290 for inclusion in the pleted. The primary objective for evalAgency master file of vendor informa- uating and recording a contractor's pertion. This statement should be accom- formance is to provide a basis for deterpanied by any supporting data such as mining the responsibility of the contracpre-award on-site evaluation reports.

tor in the award of future contracts. (b) A partial list of the factors which (b) Source of information. The form should be applied in pre-award evalua

shall be prepared by the contract spetion is given below. The nature of the cialist with the most intimate knowledge supply or service to be procured and the of the contractor's performance and it type and amount of contracts may be shall be approved by the contracting considered in applying these factors: officer. Information in the contract files, (1) Management and personnel;

as well as personal knowledge of the (2) Technical capability;

contractor's performance by the contract (3) Production capability;

specialist, project manager, inspector or (4) Physical plant and public utilities; other cognizant personnel should provide

(5) Facilities and equipment (includ- the basis for ratings. To assure equitaing production, packaging, inspection, ble treatment for all contractors the testing, shipping, and transportation); form must be prepared factually and

(6) Performance record on prior and impartially. It should be clearly ascercurrent Government contracts;

tained that delay in delivery or perform(7) Quality assurance program and ance is the contractor's fault before procedures;

charging him with responsibility for

51-079 0-66—2

such delay. It is essential that the con- (iii) Compliance with clauses. (a) Outtract specialist avail himself of all per- standing: Contractor maintained an tinent information before determining

active and effective subcontracting prothe appropriate ratings.

gram which provided maximum assist(c) Rating instructions. It is impor- ance to small business concerns and contant that the ratings of “outstanding”, cerns located in labor surplus areas. "satisfactory”, “unsatisfactory”, as- (6) Unsatisfactory: Contractor fails to signed to contractors for the various comply with labor laws, nondiscriminaitems accurately portray the contractor's tion provisions, etc.; and it was necesperformance, as they will be considered sary for the contracting officer to rein determining the contractor's respon- peatedly instruct him to comply. sibleness for future awards. When a

(iv) Cost contract management (ap"satisfactory” rating is assigned to an plicable to cost-type contracts only). item, no additional information is re- (a) Outstanding: Contractor has demonquired to support the rating. When trated ability to control costs for highly either an “outstanding” or “unsatisfac

complex work under cost contracts, or tory” rating is assigned to an item, the

contractor was extremely efficient in reasons for such a rating must be in

managing Government-furnished propcluded in the space provided.

erty and Government-owned facilities. (1) Application of adjective ratings.

(b) Unsatisfactory: Contractor failed A contractor shall be rated "satisfac

to properly manage contract resulting in tory” on the various items unless his

substantial cost overruns, or he was careperformance is clearly above or below

less in managing Government-owned contractual requirements general

property and facilities.

or business practices in which case the rat- (v) General business conduct. (a) ing of “outstanding” and “unsatisfac- Outstanding: Contractor maintained an tory”, respectively, would apply. Below

effective line of communication with the are examples of instances where the

contracting officer concerning progresvarious adjective ratings might be ap

sion of the contract, and anticipated de

lays; or demonstrated unusual perseverpropriate. These examples are provided solely for the purpose of achieving a de

ance and integrity in discharging his

contractual responsibilities. gree of uniformity as to the interpreta

(b) Unsatisfactory: Contractor igtion of the adjective ratings and they do

nored instructions of the contracting ofnot include all matters which should be

ficer to take corrective actions to comply considered in rating each factor.

with contract, failed to respond to com(i) Quality of end products or services. munications, or in any way failed to (a) Outstanding: Contractor provides a demonstrate integrity in the conduct of product or services of a quality above his business dealings with the Governthe contractual requirements, or on his

ment. own initiative, recommends ways and (d) Distribution and use of completed means of improving specifications with forms. The form shall be prepared in the result that a better end item is pro- duplicate. One copy shall be inserted duced.

in the contract file while the other copy (b) Unsatisfactory: Contractor is held shall be forwarded to the Procurement in default for failure to furnish an ac

Service Branch, IM–290 for inclusion in ceptable product, or contractor had to

the Agency master file. repeatedly take corrective action to pro

(e) Interim Notice. FAA Form 3458 duce an acceptable product. (ii) Timeliness of performance. (a)

is to be prepared upon the completion or Outstanding: Contractor delivers or per

termination of contracts exceeding $10,forms substantially before the contract

000. However, in the event a serious sitdue date either on his own initiative or

uation develops with a contractor before by request of the contracting officer; or

the form is due, the interim notice procontractor accepts tight delivery cedure set forth in this paragraph will schedule and performs on time.

be used to alert other Agency procure(b) Unsatisfactory: Contractor is sub- ment offices. These serious situations stantially late due to his own deficiencies would include such things as (i) anticiin performing his contract or fails to pated bankruptcy, (ii) labor statute vioperform the contract and is held in lations so acute that a recommendation default.

for debarment is contemplated, or (iii)


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