FEDERAL REGISTER PROCUREMENT REGULATIONS

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• Collection: NGA Records (Formerly NIMA)
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78B05171A000400010046-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 28, 2016
• Document Release Date: June 2, 2005
• Sequence Number: 46
• Publication Date: December 24, 1968
• Content Type: REGULATION

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FEDERAL
REGISTER
VOLUME 33 ? NUMBER 249
Tuesday, December 24, 1968 ? Washington, D.C.
PART II
United States Arms Control
and Disarmament Agency
Procurement
Regulations
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AND REGULAT113NS
LES
R
Title 41- PUBLIC- CONTRACTS
AND PROPERTY MANAGEMENT
Chapter 23-U.S. Arms Control and
Chapter 23 of Title 41 of the Code of
Federal Regulations Procurement Regu-
lations of the U.S. Arms Control and
Disarmament Agency is added to read
as follows.
PART 23-1-GENERAL
Sec.
23-1.000 Scope of part.
Subpart 23-1.1-Introduction
23-1.100
23-1.101
23-1.103'
23-1.104
23-1.105
23-1.106
23-1.106-1
23-1.106-2
23-1.106-3
23-1.107
23-1.107-1
23-1.107-2
23-1.107-3
23-1.108
23-1.109
Scope of subpart.
Establishment of ACDA pro-
curement regulations.
Relationship of ACDAPR Chap-
ter 23 to the FPR.
Authority.
Applicability.
Exclusions.
Issuance.
Code arrangement.
Publication.
Copies.
Arrangement.
General Plan.
Numbering.
Citation.
[Reserved]
Deviation.
U
Subpart 23-1.1-Introduction
? 23-1.100 Scope of subpart.
This subpart establishes Chapter 23 of
the Federal Procurement Regulations
System; and states its relationship to the
Federal Procurement Regulations (FPR),
and to other instructions governing con-
tracting and procurement operations of
the U.S. Arms Control and Disarmament
Agency (ACDA).
? 23-1.101 Establishment of ACDA pro-
curement regulations.
This subpart establishes the U.S. Arms
Control and Disarmament Agency Pro-
curement Regulations (ACDAPR), as
prescribed by the Director of the Agency
for the procurement of personal prop-
erty and services (including construc-
tion) and the procurement of real prop-
erty by lease. Section 31 of the Arms Con-
trol and Disarmament *Act (22 U.S.C.
2571) authorizes and directs the Director
of the Agency to exercise his powers in
such a manner as to insure the acquisi-
tion of a fund of theoretical and practi-
cal knowledge concerning disarmament.
To this end the Director is authorized and
directed, under the direction of the Presi-
dent, to insure the conduct of research,
development, and other studies in the
field of arms control and disarmament,
and to make arrangements (including
contracts, agreements, and grants) for
the conduct of research, development,
and other studies in the field of arms
control and disarmament by U.S. private
or public institutions or persons. Limita-
tions on the scope of the Director's au-
thority are specified in section 31 of
Subpart 23-1.2-Definition of Terms
23-1.201 Definitions.
23-1.204 Head of the Agency.
23-1.205 Procuring activity.
23-1.206 Head of the procuring activity.
23-1.250 ACDA.
23-1.251 Agency.
23-1.252 Director.
Subpart 23-1.3-General Policies
23-1.302 Procurement sources.
23-1.302-3 Contracts between the Govern-
23-1:317
23-1.350
23-1.352
ment and Government em-
ployees or business concerns
substantially owned or con-
trolled by Government em-
ployees.
Noncollusive bids and proposals.
Execution of contracts.
Fraud against the Government
and other violations of law.
23-1.402
23-1.404-2
23-1.404-3
23-1.450
Responsibility
Authority of contracting officers.
Designation.
Termination of designation.
Contracting officers' representa-
tives.
Assignment of duties to con-
tracting officers in other
agencies.
Availability of funds.
AuTnoar'Y: The provisions of this Part
23-1 issued under the authority of sec.
205(c), 63 Stat. 390; 40 U.S.C. 486(c); secs.
31 and 41, 75 Stat. 631, 22 U.S.C. 2571 and
2581.
? 23-1.000 Scope of part.
This part describes the method by
which the U.S. Arms Control and Dis-
armament Agency implements and sup-
plements the Federal Procurement Reg-
ulations, and contains procedures which
implement and supplement Part 1-1 of
the Federal Procurement Regulations.
? 23-1.102 Relationship of ACDAPR
Chapter 23 to the FPR.
(a) Chapter 23 implements and sup-
plements the FPR. Material published in
the FPR, which has Government-wide
applicability, becomes effective within
ACDA upon the mandatory effective date
of the particular FPR material.
(b) Implementing material is that
which expands upon related FPR ma-
terial. It will treat a similarly numbered
portion of the FPR in greater detail or
indicate the manner of compliance or
deviation.
(c) Supplemental material is that for
which there is no counterpart, in the
FPR.
(d) The absence of a corresponding
part, subpart,,and section in Chapter 23
indicates that the FPR is applicable as
written.
? 23-1.103 Authority.
The U.S. Arms Control and Disarma-
ment Agency Procurement Regulations
are prescribed by the Director of the
Agency pursuant to the Arms Control
and Disarmament Act, and the Federal
Property and Administrative Services Act
of 1949, as amended.
? 23-1.104 Applicability.
Chapter 23 applies to all contracts for
the procurement of personal property
and services (including construction)
and the procurement of real property by
lease, with U.S. private or public institu-
tions and persons. Unless otherwise'spe-
cifically stated, Chapter 23 does not apply
to grants.
? 23-1.105 Exclusions.
Certain ACDA policies and procedures
within the scope of Chapter 23 may
nevertheless be excluded when author-
ized by the Director. These exclusions
include the following categories:
(a) Subject matter which bears a se-
curity classification.
(b) Policies or procedures which are
expected to be effective for a period of
less than 6 months.
(c) Policies or procedures which are
being instituted on an experimental basis
for a reasonable period.
(d) `Where speed of issuance is essen-
tial, and numerous changes in this Chap-
ter 23 cannot be made promptly. These
will be codified in Chapter 23 at the
earliest practicable date, and in any
event not later than 6 months from date,
of issuance.
? 23-1.106 Issuance. .
? 23-1.106-1 Code arrangement.
Chapter 23 material published in the
FEDERAL REGISTER :will be published in
cumulative form in Chapter 23 of Title
41 of the Code of Federal Regulations.
? 23-1.106-2 Publication.
All Chapter 23 material considered
necessary or desirable for an under-
standing of basic and, significant ACDA
procurement policies and procedures by
business organizations and other organi-
zations or indiviudals interested in fur-
nishing property or services to ACDA
will be published in the FEDERAL REGISTER.
Detailed instructions of interest pri-
marily for internal agency guidance shall
not. be published.
? 23-1.106-3 Copies.
The FEDERAL REGISTER and Title 41 of
the Code of Federal.Regulations may be
purchased from the Superintendent of
Documents, Government Printing Of-
fice, Washington, D.C. 20402.
? 23-1.107 Arrangement.
? 23-1.107-1 General. plan.
The U.S. Arms Control and Disarma-
ment Agency Procurement Regulations
(ACDAPR) employ the same numbering.
system and nomenclature as the Federal
Procurement Regulations and conform
with FEDERAL REGISTER standards ap-
proved for the FPR.
(a) This Chapter 23 , has been allo-
cated to the U.S. Arms Control and Dis-
armament Agency for implementing,
supplementing and deviating from the
Federal Procurement Regulations, ap-
pearing as Chapter 1 of this Title 41 of
the Code of Federal Regulations.
(b) Where Chapter 23 implements, or
deviates from, a'.part, subpart,. section,
or subsection of the FPR, the implement-.
ing or deviating part,, subpart, section,
or subsection of Chapter 23 will be num-
bered and captioned to ' correspond to
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RULES AND REGULATIONS
the pertinent part, subpart, section, or
subsection of the FPR.
(c) Where Chapter 23 supplements
the FPR, numbers in the group 50 to 99
will be assigned to the respective sup-
plementing part, subpart, or section.
(d) Where the Agency determines
that the subject matter contained in a
part, subpart, section, or subsection of
the FPR requires no implementation, the
ACDAPR will contain no corresponding
part, subpart, section, or subsection
number and the subject matter as pub-
lished in the FPR governs.
? 23-1.107-3 Citation.
ACDA procurement regulations will be
cited in accordance with FEDERAL REGIS-
TER standards approved for the FPR.
Thus, the section, when referred to in
divisions of the ACDAPR, should be
. cited as "1 23-1.107-3 of this chapter."
When this section is referred to formally
in offici
l d
t
h
l
l b
i
f
a
ocumen
s, suc
r
as
ega
s,
e
it should be cited as "41 CFR 23-
1.107-3". Any section of the ACDA Pro-
curement Regulations may be informal-
ly identified, for purposes of brevity, as
ACDAPR followed by the section num-
ber, e.g., "ACDAPR 23-1.107-3".
? 23-1.108 [Reserved]
? 23-1.109 Deviation.
Deviation from the Federal Procure-
ment Regulations and the ACDA Pro-
curement Regulations shall be kept to a
minimum and controlled as follows:
(a) Deviations in individual cases
must be approved in advance by the
Executive Director. This authority may
not be redelegated. Deviations in classes
of cases must be approved in advance
upon request by the Executive Director.
Requests for deviation (or in the case of
a deviation affecting an individual con-
tract signed in behglf of the Agency
by the Executive Director, the memo-
randum for the record) shall cite the
specific parts and sections or subsections
of the FPR and ACDAPR from which
it is desired to deviate, shall set forth
the nature of the deviation, and shall
give the reasons for the requested action.
(b) If a requested deviation is con-
sidered appropriate, approval will be
accomplished as follows:
(1) Where the deviation affects an
individual contract, written approval will
be included in the contract file.
(2) Where the deviation applies to a
class of cases under the FPR, neces-
sary coordination with the General Serv-
ices Administration will be accomplished
on an expedited basis by the Executive
Director, unless in the considered judg-
ment of the Executive Director, circum-
stances preclude such joint effort, in
which case he will notify the General
Services Administration of the deviation.
(3) Deviations affecting a class of
cases under ACDAPR will be presented
to the Director for his approval.
(4) Such class deviations will become
effective within the Agency upon ap-
proval by the Director and will be issued
as part of the ACDAPR.
Subpart 23-1.2-Definition of Terms
? 23-1.201 Definitions.
For the purposes of this chapter, the
following terms have -the meanings set
forth in this subpart, unless otherwise
indicated.
? 23-1.204 Head of the Agency.
The "head of the agency" means the
Director or Acting Director of the U.S.
Arms Control and Disarmament Agency.
? 23-1.205 Procuring activity.
The organizational element of ACDA
which has responsibility to contract for
the procurement of personal property
and services (including construction)
and the acquisition of real property by
lease is the Office of the Executive
Director.
?,23-1.206 Head of the procuring activ-
ity.
The "head of the procuring activity"
within ACDA is the Executive Director.
? 23-1.250 ACDA.
"ACDA" means the U.S. Arms Control
and Disarmament Agency.
? 23-1.251 Agency.
"Agency" means the U.S. Arms Control
and Disarmament Agency.
? 23-1.252 Director.
"Director" means the head
Agency.
Subpart 23-1.3-General Policies
? 23-1.302 Procurement sources.
? 23-1.302-3 Contracts between the
Government and Government em-
ployees or business concerns substan-
tially owned or controlled by Govern-
ment employees.
Any exception, as described in
? 1-1.302-3 of this title, must be sup-
ported by written findings and a deter-
mination signed by the Director.
? 23-1.317 Noncollusive bids and pro-
posals.
The Executive Director is designated
to make the determinations described in
paragraph (d) of the Certificate of In-
dependent Price Determination pre-
scribed in ? 1-1.317 of this title.
? 23-1.350 Execution of contracts.
Contracts, purchase orders, delivery
orders, Government bills of lading, and
other types of purchasing documents will
be executed only by the Executive Direc-
tor, the Chief of the Contracts Branch,
or Contract Specialists acting within the
scope of their delegated authority (See
Part 23-51). They may also be executed
by other officials holding valid written
delegations or redelegations of procure-
ment authority issued by the Director or
other officer of the Agency designated by
the Director in, writing to make such
? 23-1.352 Fraud against the Govern-
ment and other violations of law.
(a) In the event procurement person-
nel have reason to believe there exists
evidence of fraud against the Govern-
ment or any other violation of law of
any nature whatsoever in the procure-
ment by formal advertising or by nego-
tiation, or during the performance of any
contract, they will prepare and forward
a complete report through the Executive
Director to the Office of the General
Counsel for appropriate action.
(b) In case of possible violation of the
antitrust laws, the report will be pre-
pared in accordance with Subpart 1-1.9
of this title.
Subpart 23-1.4-Procurement
Authority and Responsibility
? 23-1.402 Authority of contracting
officers.
(a). An employee binds the Govern-
ment only when his actions are in ac-
cordance with authority actually granted
to him. Contracting officers are agents of
the Government and shall act in accord-
ance with law, regulations including FPR
and ACDAPR, other pertinent directives,
and sound judgment, and within the lim-
its of their prescribed duties and au-
thorities.
(b) Contracting officers shall person-
ally sign all contracts and modifications
entered into by them (see ? 23-1.104).
Duplicate original signatures, including
facsimile signatures reproduced from a
master signed manually by the contract-
ing officer, are valid and acceptable.
? 23-1.404-2 Designation.
Delegations and redelegations of au-
thority are generally directive on specific
positions, rather than specific individ-
uals. When a specific position carries
delegated or redelegated contracting au-
thority, an individual appointed to such
a position is, therefore, a contracting
officer. Such appointments are normally
made by means of administrative per-
sonnel actions. When an individual is
designated as a contracting officer by
an instrument other than 'a personnel
action, .a copy of the designating instru-
ment shall be forwarded to the appro-
priate personnel office for inclusion in
the file of the individual affected.
? 23-1.404-3 Termination of designa-
tion.
Designations shall be rescinded in the
same manner upon termination of the
assignment (but special assignments
may be self-rescinding, as, for example,
an assignment made in terms of the life
of a specific contract, in which case a
separate recission instrument would not
be required).
? 23-1.450 Contracting officers' repre-
sentatives.
(a) Any properly qualified Govern-
delegations or redelegations. The ap- ment employee or group of employees,
, ...a,
legality will be required for contracts, w ac ??? ?the e authorized
be designated to act as and for other contractual instruments representative of a contracting officer.
where specific legal questions arise. Such designation shall be in writing and
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LES AND REGULATIONS
RU
shall define the scope and limitations of
the authorized representative's authority.
(b) A designation authorized by this
? 23-1.450 may be made by instructions
referring to particular contractual in-
struments or categories of instruments
and may empower the authorized repre-
senative to take specified actions there-
under within the scope of the contract.
In no event shall an authorized repre-
sentative, by virtue only of his designa-
tion as such, be empowered to modify the
terms of the contract.or make a final
decision under the Disputes clause of a
contract.
? 23-1.451 Assignment of duties to con-
tracting officers in other agencies.
A contracting officer may assign ad-
ministration of a specific contractual in-
strument to another contracting officer,
provided the assignee contracting of-
ficer's delegated authority permits, and
the contractor shall be so notified. Such
an assignment shall define the extent to
which part or all of the original con-
tracting officer's authority is transferred
but shall not pass on to the successor any
authorities which would exceed the lim-
itations imposed on the successor by
existing directives.
? 23-1.452 Availability of funds.
No contractual obligation may be in-
curred until the contracting officer has
satisfied himself that adequate funds are
available.
PART 23-3-PROCUREMENT BY
NEGOTIATION
23-3.100 Scope of subpart.
23-3.101 General requirements for nego-
tiation.
23-3.102 Factors to be considered during
the negotiation of contracts.
23-3.103 Dissemination of procurement
information.
0 23-3.104 Disclosure of mistakes.
23-3.150 Contractor Selection Board.
23-3.150-1 Establishment of the Board.
23-3.150-2 Evaluation of proposals.
23-3.150-3 Notification to unsuccessful
offerors.
23-3.150-4 Recommendation to the Direc-
tor.
23-3.150-5 Restriction on disclosure of
Contractor Evaluation Board
Reports.
Subpart 23-3.2-Circumstances Permitting
Negotiation
23-3.202 Public exigency.
23-3.202-50 Application.
23-3.204 Personal or professional serv-
ices.
23-3.204-50 Application.
23-3.204-51 Limitations.
23-3.206 Purchases outside the United
States.
i Subpart 23-3.4-Types of Contracts
23-3.405 Cost-reimbursement type con-
. tracts.
23-3.405-5 Cost-plus-a-fixed-fee contract.
23-3.405-50 Cost-plus-award-fee contract.
Subpart 23-3.50-Solicitation of Proposals and
Quotations
23-3.5001 Late proposals and modifica-
tions.
23-3.5002 Treatment of procurement in-
formation.
Sec..
23-3.5002-1 Restrictions on disclosure and
use of data in proposals and
quotations.
ATrruoRITY: The provisions of this Part
23-3 issued under the authority of sec. 205
(c), 63 Stat. 390; 40 U.S.C. 486(c); sec. 302,
63 Stat. 393, 41 U.S.C. 252; sec. 304, 63 Stat.
395, 41 U.S.C. 254; sec. 307, 63 Stat. 396, 41
U.S.C. 257; sec. 1, 81 Stat. 54, 5 U.S.C. 552;
sec. 41, 75 Stat. 631; 22 U.S.C. 2581.
Subpart 23-3.1-Use of
Negotiation
? 23-3.100 Scope of subpart.
This subpart deals with the nature and
use of negotiation as distinguished from
formal advertising, as a means of pro-
curement, and with limitations on that
use.
? 23-3.101 General requirements for
negotiation.
(a) Under section 31 of the Arms Con-
trol and Disarmament Act (22 U.S.C.
2571), the Director, in carrying out his
responsibilities, is authorized "to make
arrangements (including contracts,
agreements, and grants) for the conduct
of research, development, and other
studies in the field of arms control and
disarmament by U.S. private or public
institutions or persons." This authority
is initially exercised under the Federal
Property and Administrative Services
Act of 1949, as amended, and under the
Federal Procurement Regulations issued
by the General Services Administration
pursuant thereto. Except under certain
circumstances set forth in those regula-
tions, Government contracts for supplies
and services are required to be made only
after formal advertising and competitive
bidding. The purpose is to give all quali-
fied persons an equal opportunity to
compete for Government contracts; to
avoid favoritism or collusion in the
letting of contracts; and, most impor-
tant of all, to increase the Government's
chances of finding the particular orga-
nization or individual who will best sup-
ply the Government's needs for supplies
or services, price, and other factors
considered.
(b) For the same reasons, where for-
mal advertising for bids is determined to
be impracticable, as may be the case with
Agency research contracts, the require-
ment for negotiated contracts resulting
from competitive proposals obtains. The
proposals must be obtained from all
known qualified sources and the procure-
those for services from an educatlonal
institution, and those for personal or pro-
fessional services.
? 23-3.102 Factors to' he considered dur-
ing the negotiation: of contracts.
Among those factors to be considered
in. the preparation of requests for pro-
posals is the need for auditing of the con-
tractor's records (see Subpart 1-3.8 of
this title).
? 23-3.103 Dissemination of procure-
ment information.
In addition to FPR- requirements for
publication of procurement opportuni-
ties, information on current and pro-
posed research and :itudy programs is
available upon request.
? 23-3.104 Disclosure of mistakes.'
(a) If the contracting officer has rea-
son to believe that an offeror has made
a mistake he shall obtain verification of
the proposal or quotation from the
off eror.
(b) Correction of mistakes after en-
try into force of a contract shall be made
in_ accordance with the provisions of
? 1-2.406-4 of this title to the extent ap-
plicable. The extraordinary contractual
authority established by Public Law 85-
804 (50 U.S.C. 1431-].435) is not avail-
able to the Agency for the correction of
mistakes.
? 23-3.150 Contractor Selection Board.
? 23-3.150-1 Establishment of the
Board.
A Contractor Selection Board, whose
membership is approved by the Director,
is established for each prospective con-
tract for which competitive proposals are
to be solicited.
otherwise set forth in the Request for
Proposal, the Board shall give primary
and equal consideration to (1) the de-
gree of initiative and imagination dis-
played, (2) the caliber and experience of
the personnel involved, and (3) the
soundness of the offeror's approach.
(b) After elimination of proposals on
the basis of the foregoing, then price
and other factors in relation to the work
to be performed will be considered for
purposes of final selection.
? 23-3.150-3 Notification to unsuccess-
ful offerors.
As deliberations of the Board progress
and offerors are definitely eliminated
from further consideration, the Chair-
man shall make recommendations to the
Contracting Officer (and supply him with
the pertinent information) with respect
to the notification of unsuccessful
offerors who have been eliminated from
consideration.
ment opportunity synopsized to assure.
maximum full and free competition con-
sistent with the needs of the Government.
(c) Accordingly, the Agency normally
procures research' services ,by sending
out a request for proposals to a number
of possible sources ascertained to have
qualifications in the particular area of
service concerned. These