cation of all portions of that part of the FPR or AECPR which requires appropriate treatment in the development of statements of AEC cost-type contractor procurement practices.

(c) The following sections and subparts of the Federal Procurement Regulations Part 1 and this AECPR Part 1 constitute specific provisions which the contracting officer shall bring to the attention of cost-type contractors in the development of statements of contractor procurement practices as constituting areas which require appropriate treatment in order to carry out the basic AEC procurement policy set forth in AECPR 9-1.5203.

The AEC Procurement Regulations appear in the Code of Federal Regulations as Chapter 9 of Title 41, Public Contracts and Property Management, and are published in the daily issues of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations, and in separate loose-leaf volume form. [31 F.R. 14649, Nov. 17, 1966]

§ 9-1.105-2 Copies.

Copies of the AEC 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.

[31 F.R. 14649, Nov. 17, 1966] § 9-1.106 Arrangement.

(a) The numbering system permits identification of every unit. The first digit, followed by a dash, represents the chapter number (AEC has been assigned Chapter 9). The dash is followed by the part number which may be one or more digits followed by a decimal point. The numbers after the decimal point represent, respectively, the subpart, section (in two digits) and, after a second dash, subsection, paragraph, subparagraph, and additional subdivisions. For this example, division is called "§ 9-1.106-2," in which the first digit denotes the chapter, the second the part,

the third the subpart, the fourth and fifth the section, and the sixth the subsection.

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

(c) Where the AECPR supplements the FPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved.

(d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR requires no implementation, the AECPR will contain no corresponding part, subpart, section, or subsection number.

AEC Procurement Regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the AEC Procurement Regulations, should be cited as "§ 9-1.106-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 9-1.106-3." Any section of the AEC Procurement Regulations may be informally identified, for purposes of brevity, as AECPR followed by the section number, i.e., “AECPR 9-1.106-3."

§ 9-1.107 Implementation and supplementation of FPR.

Certain policies and procedures which come within the scope of this chapter nevertheless may be excluded from AECPR. AEC Manual, Volume 9, Procurement, will contain these exclusions (AEC Procurement InstructionsAECPI) which include the following categories:

(a) Subject matter which bears a security classification, is "official use only," or is of a purely internal nature.

(b) Policy or procedure which is expected to be effective for a period of less than six months.

(c) Policy or procedure which is being instituted on an experimental basis for a reasonable period.

(d) Instructional material that explains more fully and in discursive fashion matters covered in FPRS and AECPRS.

[28 F.R. 1043, Feb. 2, 1963]

§ 9-1.109 Deviation.

§ 9-1.109-1 Description.

The term "deviation" includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form, except as may be authorized in the regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.

(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.

§ 9-1.109-2 Procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the Federal Procurement Regulations System shall be kept to a minimum and controlled as follows:

deviations

(a) In individual cases, from the FPR and AECPR may be authorized by Division Directors, Headquarters (having contracting authority) and Managers of Field Offices, unless otherwise provided. This authority may not be redelegated.

(1) A supporting statement for each individual deviation, which indicates briefly the nature of the deviation and the reasons for such special action shall

be included in the contract file.

(2) A copy of the supporting statement for each individual deviation shall be forwarded to the Director, Division of Contracts.

(b) In classes of cases, requests for deviations from the FPR and the AECPR shall be forwarded in triplicate through the appropriate Division Director, Headquarters, to the Director, Division of Contracts, and shall be accompanied by an appropriate supporting statement. Requests will be considered on an expedited basis and appropriate coordination with Headquarters staff and program divisions will be obtained by the Director, Division of Contracts. Requests involving the FPR will be considered jointly by AEC and the General Services Administration, unless, in the judgment of the Director, Division of Contracts, after due consideration of the objective of uniformity and the program responsiblities of AEC, circumstances preclude such joint effort. In such case, the Director, Division of Contracts will approve such class deviations as he de

(a) Section 602(d) (13) of the Federal Property and Administrative Services Act of 1949, as amended, provides that nothing in that Act shall impair or affect any authority of the Atomic Energy Commission. This includes the authority of AEC under the Atomic Energy Act of 1954, as amended, Public Law 85-804, and any other law.

(b) This exemption authority is to be exercised only to the extent that compliance with the requirements of the Federal Property and Administrative Services Act of 1949, as amended, would impair or affect the carrying out of AEC's programs. Except as otherwise expressly provided in these regulations, requests for exemptions from the requirements of Title III of the Federal Property and Administrative Services Act of 1949, as amended, shall be submitted to the Director, Division of Contracts, Headquarters. Such requests will be accompanied by an appropriate explanation and justification for the exemption, which sets forth the grounds on which compliance with the particular requirements of Title III of the Federal Property and Administrative Services Act of 1949, as amended, would impair or affect AEC programs. [31 F.R. 13046, Oct. 7, 1966]

Subpart 9-1.2-Definition of Terms

SOURCE: The provisions of this Subpart 9-1.2 appear at 28 F.R. 1789, Feb. 27, 1963, unless otherwise noted.

§ 9-1.201 Definitions.

This subpart contains definitions of terms used generally throughout the AECPR, in addition to those set forth in FPR 1-1.2. Additional definitions will be found in individual parts of FPR and AECPR covering terms used in those parts only.

§ 9-1.250 Commission or AEC.

A distinction is made in AECPR between the term "Commission” and the abbreviation "AEC" in that the former is used to mean the Commissioners as a body and the latter to signify the United States Atomic Energy Commission. Many contract clauses make no distinction in these terms. Where practicable this distinction will be made in AECPR, except in contracts and contract clauses where the terms are used synonymously. § 9-1.251 Division Director.

As used in AECPR, the term "Division Director" means the Director of a Division at the Headquarters level who is authorized to enter into contracts. § 9-1.252

Subcontract.

The term "supplier" means a manufacturer or producer, construction contractor, architect-engineer, regular dealer, or service establishment, and such other persons (or concerns) as may be found by the AEC to be qualified and responsible as sources of supplies or services.

§ 9-1.259 Supplies.

The term "supplies" as used herein means all property except land or interests in land. It includes by way of description and without limitation, materials, supplies, equipment, public works, buildings, facilities, tools, and parts and accessories for such items. § 9-1.260 Services.

The term "services" means services other than personal services including by way of description and without limitation, nonpersonal services; educational or training services; architectural or engineering services; maintenance or repair services; transportation services; utility services; operating and management services; experimental, developmental, or research work; and construction work.

66-090 O-67-14

Subpart 9-1.3-General Policies

§ 9-1.301

Methods of procurement.

(a) General. In promoting the primary objective of strengthening the common defense and security rapidly and effectively, there is a great responsibility to protect and preserve competitive enterprise. All practicable steps

agers of Field Offices are responsible for assuring that AEC contractors use paper specification standards published by the Joint Committee on Printing for the purchase of paper to be used in contractoroperated field printing plants authorized by the Joint Committee on Printing. [30 F.R. 6483, May 11, 1965]

Specifications.

(b) Procurement by formal advertising. Supplies and services shall generally be procured by formal advertising in accordance with FPR Part 1-2 and AECPR Part 9-2.

(c) Procurement by negotiation. Supplies and services may be procured without formal advertising in accordance with the requirements of FPR Part 1-3 and AECPR Part 9-3.

[28 F.R. 1789, Feb. 27, 1963]

§ 9-1.302 Procurement sources. [28 F.R. 1789, Feb. 27, 1963]

§ 9-1.302-1 General.

Procurement from Government sources. Procurement of certain supplies and services may be effected by orders on Government sources referred to in FPR 1-1.302. It is the policy of the AEC that such methods of procurement be utilized to the fullest extent practicable, in accordance with applicable laws and regulations. Procurement by the AEC under the Economy Act of June 30, 1932, as amended (31 U.S.C. 686), shall conform to the requirements of that Act and applicable regulations of the General Accounting Office. Procedures to be followed in procuring from Government sources are set forth in AECPR 9-5. [31 F.R. 14649, Nov. 17, 1966]

§ 9-1.305-1 Mandatory use of Federal Specifications.

The policies and procedures established by FPR 1-1.305 shall be complied with by AEC for all direct procurement except as provided for in § 9-1.305-5 below. Man

Subject to the requirements of FPR 1-1.305-3, Managers of Field Offices, Heads of Divisions and Offices, Headquarters, or their representatives specifically designated for this purpose, may authorize deviations from Federal Specifications in connection with AEC direct procurement. In those cases where use of Federal Specifications are required under § 9-1.305-1 above, information required by FPR 1-1.305-3 (b) (5) with respect to deviations shall be forwarded through channels to the Director, Division of Contracts.

[31 F.R. 14649, Nov. 17, 1966]

§ 9-1.305-5

Use of Federal and Interim Federal Specifications in Construction Contracts.

When specifications for AEC construction are prepared by private firms, Managers of Field Offices and Heads of Divisions or Offices, Headquarters, are responsible for obtaining compliance with the general policies of this subpart to the extent practicable and compatible with meeting program objectives. [28 F.R. 1254, Feb. 8, 1963]

§ 9-1.306-1 Mandatory use and applications of Federal Standards.

The policies and procedures established by FPR 1-1.306 for the development and use of Federal Standards shall be complied with by AEC to the same extent as provided for Federal Specifications in § 9-1.305-1, 3, 5 above. [28 F.R. 1254, Feb. 8, 1963]

§ 9-1.307 Purchase descriptions.

Specifications should be in such terms as to permit full and free competition among all potential suppliers. However, technical reasons may occasionally exist for using specifications which limit com