8 591.101 Purpose of procedure. The Army Procurement Procedure (APP), contained in this subchapter, is issued by the Assistant Secretary of the Army (Installations and Logistics) by direction of the Secretary of the Army. Its purpose is to implement and supplement Subchapter A, Chapter I of this title, and other Department of Defense publications, pursuant to § 1.108 of this title and to establish for the Department of the Army uniform policies and procedures relating to the procurement of supplies and services. It is emphasized that ASPR (Subchapter A, Chapter I of this title) is the primary Department of Defense regulation containing procurement policies and procedures, and is the first regulatory source to which procurement personnel should make reference. Whenever Army Regulations containing policies or procedures relating to procure conflict with ASPR or APP, the policies and procedures in ASPR and APP shall govern. [33 F.R. 3219, Feb. 21, 1968] § 591.102 Applicability. This subchapter shall apply to all purchases and contracts made by the Department of the Army for the procurement of supplies or services which obligate appropriated funds (including available contract authorizations), unless otherwise specified herein. ASPR and APP are applicable to procurement in oversea areas, including that for Government and Relief in Occupied Areas (GARIOA) chargeable to annual appropriations for such purposes, and to that for procurement effected by military attachés and foreign missions. ASPR and such additional instructions as may be issued by the Chief of Engineers pursuant to authority granted by the Secretary of the Army are applicable to procurement of supplies and services for civil works by the Corps of Engineers; APP is not applicable to civil works procurement, except to the extent prescribed by the Chief of Engineers. [30 FR. 12155, Sept. 24, 1965] § 591.103 Arrangement of procedure. The arrangement and numbering of APP are patterned after ASPR. In general, corresponding numbered divisions (paragraphs, parts, or sections) of the ASPR and APP relate to identical subjects. A paragraph or subpart of APP which is numbered in the 50-series (e.g., § 591.106-50, § 591.350) contains subject matter related to but not contained in the ASPR paragraph, part, or section. Omission from APP of a numbered division which appears in ASPR denotes that there is no implementation in APP. [31 F.R. 9950, July 22, 1966, as amended at 32 F.R. 2616, Feb. 8, 1967] (a) APP may be amended on an urgent or temporary basis by DA Circular of the 715-series (Procurement Information) and on a permanent basis by "Changes" comprised of revised pages and filing instructions. (b) The practice of publishing clarifications and improvements to procurement practices and procedures as amendments to ASPR and APP, rather than as procurement operating instructions at each lower echelon, is encouraged. Proposed amendments should (1) Be submitted in a form consistent with the organization of ASPR or APP; (2) Set forth the language, form, or other change proposed; (3) And be supported by an explanation of the problems to be resolved; (4) Be forwarded to the addressee in 591.150 (b) (6). [30 F.R. 12156, Sept. 24, 1965] § 591.106-50 Other Department of the Army procurement publications. Additional instructions and information on procurement matters are contained in Army regulations and Department of the Army circulars, primarily the 715- and 718-series (Procurement). [30 F.R. 12156, Sept. 24, 1965] § 591.107-50 Dissemination of printed procurement publications. ASPR and Revisions thereof, APP and Changes thereto, and other printed procurement publications of the Department of the Army are distributed by publica tions centers of The Adjutant General in accordance with requirements submitted on DA Form 12 (Report of Publications Requirements) (AR 310-1). Each Head of Procuring Activity shall insure that copies of these publications are distributed to all interested activities subject to his procurement cognizance. Neither ASPR nor APP is available for distribution by the Army to private firms or individuals. These publications are sold to the public by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. [30 F.R. 12156, Sept. 24, 1965] § 591.108 Departmental Procurement Instructions and ASPR and APP Im plementations. (a) Heads of Procuring Activities may publish implementations of ASPR and APP provided subject matter has been reviewed and approved for publication by the addressee in § 591.150 (b) (6). (See § 591.150(d).) HPA implementations shall be published in a single directive identified as Procurement Instructions. Changes (except deletions) to or additional subject matter to be included in HPA Procurement Instructions likewise shall be forwarded the addressee in § 591.150 (b) (6) for review and approval prior to being published. (b) Coverage in HPA Procurement Instructions shall be limited to procedural instructions; shall meet the criteria in § 1.108 (a) and (b) of this title; shall contain no policy statements; and shall not repeat, paraphrase, amplify, clarify, restrict, nor interpret coverage in ASPR and APP. Section, part, and paragraph numbers shall be keyed to the ASPR and APP section, part, or paragraph being implemented. Sections, parts, and paragraphs of ASPR and APP shall not be cited when there is no implementation thereof. (c) Heads of Procuring Activities may publish procedural procurement instructions of a temporary nature in Circulars numbered in the 715 series, provided the instructions meet the criteria in paragraph (b) of this section. Subject matter which is later to be published in the HPA Procurement Instructions shall not be published in Circulars until approved for publication by the addressee in § 591.150 (b) (6) in accordance with paragraph (a) of this section. Each Circular shall indicate the date upon which it shall expire. (d) Chiefs of purchasing offices may issue procedural procurement instruc tions for use within the installations/ activities served by the purchasing office and may also issue SOP's for use within the purchasing office. (e) Procurement instructions described in paragraphs (a) through (d) of this section except for internal purchasing office SOP's, are official publications of Department of the Army activities and shall be authenticated in accordance with AR 310-1. No procurement instructions shall be issued in any media other than those prescribed in paragraphs (a) through (d) of this section. (f) One copy of each HPA Procurement Instruction and changes thereto, and one copy of each Circular issued by a Head of Procuring Activity, shall be forwarded to the addressee in § 591.150 (b) (6) at time of issuance. [37 FR 25920. Dec. 6, 1972] § 591.109 Deviations from ASPR, APP, and Other Department of Defense and Department of the Army Publications Governing Procurement.1 8591.109-2 Deviations affecting one contract or transaction. (a) The Director of Requirements and Procurement, Headquarters U.S. Army Materiel Command, and the Commander, U.S. Army Memorial Affairs Agency, are authorized, without power of redelegation, to approve deviations from ASPR which affect only one contract or transaction except that the authority granted does not extend to (1) ASPR section IX, (2) Other ASPR provisions as to which the Department of Defense has suspended Departmental deviation authority, or (3) Other ASPR provisions as to which action or deviation authority is limited by ASPR or APP to a level higher than the above-named commands. Unless exigency of the situation requires immediate action, a written notice of each proposed deviation shall be forwarded the addressee in § 591.150 (b) (6) prior to the effective date of the deviation. Six copies of each deviation shall be furnished the addressee in 591.150(b) (6) at the time the deviation is granted. (b) A Head of Procuring Activity, his deputy, or a principal assistant responsible for procurement, and the Com 137 FR 25920, Dec. 6, 1972. mander, U.S. Army Memorial Affairs Agency, are authorized, without power of redelegation, to approve deviations from APP which affect only one contract or transaction; except that the authority granted does not extend to (1) APP section IX, (2) Other APP provisions as to which action or deviation authority is limited by APP to a level higher than a Head of Procuring Activity, e.g., secretarial preaward review and notation [§ 591.405-54], or (3) A deviation which would conflict with ASPR or with a statutory requirement. One copy of each deviation shall be furnished the addressee in § 591.160 (b) (6) at the time the deviation is granted (see 591.150 (d)). (c) Except as authorized in paragraphs (a) and (b) of this section, a deviation from ASPR, APP, or other Department of Defense or Department of the Army publication governing procurement which affects only one contract or transaction shall require prior written approval of the addressee in 591.150 (b) (6). [35 F.R. 8554, June 3, 1970, as amended at 37 FR 25920, Dec. 6, 1972] § 591.109-4 Deviations required by gov. ernment-to-government agreements. Any deviation required by § 1.109-4 of this title to be referred to the ASPR Committee for consideration shall be forwarded to the addressee in § 591.150(b) (6). Each submission shall contain the information prescribed in § 1.109-5 of this title, and shall identify the law which was enacted after execution of the treaty or executive agreement. [33 FR. 3219, Feb. 21, 1968] § 591.109-50 Expiration of deviations. Except when this section is inconsistent with a specific provision in the approving document or unless the approval is sooner rescinded, the approval of a deviation which affects more than one contract or transaction shall expire 2 years from the date of approval without prejudice to any action thereunder. Authority to continue use of such deviation may be requested in accordance with 591.109-591.109-51. [30 F.R. 12156, Sept. 24, 1965] § 591.109-51 Control of deviations. One register listing all deviations approved within a procuring activity shall be maintained by the approving authority. Each deviation granted shall be recorded therein by title and shall be assigned a deviation control number which shall include the last two numbers of the fiscal year, the approved letter symbol of the approving authority, and an action serial number; e.g. 69-ENG-1. This control number shall also be embodied in the document authorizing the deviation in the following manner: "This deviation has been assigned control number [enter number]. All actions taken pursuant to this deviation shall cite the control number assigned." [35 F.R. 4123, Mar. 5, 1970] § 591.113 Standards of conduct. [36 FR 8943, May 15, 1971] § 591.113-1 Government personnel. (a) Purchasing offices shall retain a copy of AR 600-50 on file at all times and shall make the regulation readily available to individuals directly concerned with procurement. Installation/activity commanders shall take appropriate action to bring the standards of conduct to the attention of all personnel directly or indirectly concerned with any phase of procurement or related activities at least semiannually. (b) Government personnel in procurement or related activities include, but are not limited to, those who (1) Determine requirements and prepare descriptions of supplies or services to be purchased; (2) Determine technical requirements and prepare specifications and drawings pertinent thereto: (3) Determine government estimates of cost; (4) Select and solicit sources of supply; (5) Conduct preaward surveys, evaluate, appraise, select or approve contractors, subcontractors, and contractor or subcontractor facilities; § 591.113-2 Organizational conflicts of interest. Contracting officers shall forward through the cognizant head of procuring activity to the addressee in § 591.150(b) (6) at time of issuance copies of all solicitation notices and clauses incorporated in contracts pursuant to § 1.113-2 of this title (see § 591.150 (d)). [36 F.R. 8943, May 18, 1971] § 591.114 Reporting of identical bida (Reports Control Symbol JUST1007). Department of Justice Form DJ-1500 is available through Adjutant General publications supply channels. One completed copy of each report submitted in accordance with § 1.114(d) of this title shall be sent to the addressee listed in § 591.150 (b) (2). [30 FR. 12156, Sept. 24, 1985] § 591.115 Noncollusive bids and proposals. The authority to make a determination as described in paragraph (d) of the certification in § 1.115 of this title is delegated to the cognizant Head of Procuring Activity with power of redelegation to a member of his headquarters staff. [30 F.R. 12156, Sept. 24, 1965] § 591.150 Procurement channels and mailing addresses. (a) Unless otherwise specifically prescribed in ASPR or APP, submittals to higher authority of recommendations, reports, findings, dats, information, and other documents relating to procurement matters shall be through procurement channels as indicated in paragraph (f) of this section. (b) Addressees which are frequently referred to in APP are set forth below. The addressee in subparagraph (9) of this paragraph receives Army documents required to be distributed to and retained by the General Accounting Office. (1) Assistant Secretary of the Army (Installations and Logistics), Department of the Army, Washington, D.C. 20310. (2) Assistant Secretary of the Army (Installations and Logistics) (Assistant Judge Advocate General for Civil Law) Attn: DAJA-ZC, Department of the Army, Washington, D.C. 20310. (3) Chairman, Armed Services Board of Contract Appeals, Office of the Assistant Secretary of Defense (Installations and Logistics), 3110 Columbia Pike, Arlington, Va. 22204. (4) Chief Trial Attorney, Office of The Judge Advocate General. Address: HQDA (DAJA-CA). (5) Comptroller of the Army, Attention: Chief, Contract Financing Office. Address: HQDA (DACA-FIS-C). (6) Deputy for Materiel Acquisition, Office of the Assistant Secretary of the Army (Installations and Logistics), Department of the Army, Washington, D.C. 20310. (7) Chief of Engineers, Forrestal Building. Address: HQDA (DAEN). (8) Recorder, Army Contract Adjustment Board, Office of the Assistant Secretary of the Army (Installations and Logistics), Department of the Army, Washington, D.C. 20310. (9) Commanding General, Finance Center, U.S. Army, Attention: Processing and Disposition Branch, Retained Accounts Division, Fort Benjamin Harrison, Indianapolis, Ind. 46249. (10) Commanding General, Finance Center, U.S. Army, Attention: FINCY, Fort Benjamin Harrison, Indianapolis, Ind. 46249. (11) Director of Requirements and Procurement, Headquarters, U.S. Army Materiel Command, Washington, D.C. 20315. (12) Office of the General Counsel, Headquarters U.S. Army Materiel Command, Washington, D.C. 20315. (c) Unless ASPR or APP specifies otherwise, all documents addressed to the addressees in paragraphs (b) (1) through (8) of this section shall be prepared for signature in accordance with AR 340-15 and shall be signed by the head of procuring activity, his deputy, or a principal assistant responsible for pro curement when the documents relate to (1) Requests for deviation from provisions of ASPR or APP, (2) Requests for approval of awards or determinations and findings, (3) Requests for changes to provisions of ASPR or APP, (4) Mistakes in bids and protest cases, (5) GAO and other type investigative reports, (6) Actions under Public Law 85-804, and (7) Other significant actions and matters relating to procurement policy. (d) Unless otherwise specifically prescribed in APP, Heads of Procuring Activities subordinate to Headquarters, U.S. Army Materiel Command or U.S. Continental Army Command, shall forward documents (see paragraph (a) of this section) through the cognizant Headquarters. In such cases Headquarters, U.S. Army Materiel Command or U.S. Continental Army Command, as appropriate, shall take necessary action or shall forward the matter to the addressee indicated, as may be applicable. Whenever recommendations are required in connection with an action, Headquarters, U.S. Army Materiel Command or U.S. Continental Army Command, as appropriate, shall add its recommendations in the matter. (e) When regulations require submission of documents listed in paragraph (c) of this section to a Head of Procuring Activity or higher authority, the commander, his deputy, or the staff officer responsible for procurement shall sign the correspondence at each echelon through which processed. (f) Flow of Procurement Authority. |