Document zoqVo6wNBOowEYKaXjnK0Jyz7

PLAINTIFF'S EXHIBIT RULES AND REGULATIONS 16193 1the number coul quantity required is smaller than the completed educaB_________ minimum order limitation specified in who completed tBMWMMMBP these contracts and the established con en placement assistance, the number who tractor is unwilling to accept such an obtained employment, and other data order. cept such an order, or (2) the require ment is urgent and the established contractor cannot meet the delivery requirement. . (e) Delivery orders under such single needed to comply with the requirements Ob) Sections 1-3.606 and 5-3.606 con source BPAs shall be issued on any au of the Office of Management and Budget tain instructions for making small pur thorized purchase order form or orally in Circular A-ll. chases by blanket purchase arrange accordance with {5-3.606 and the ttr, (b) Each of the Military Services shall ments (BPAs). BPAs are described as Supply Operations, Chap. II (FSS P institute regular reporting procedures charge accounts with several local 2900-2), and shall establish a system of con sources to satisfy day-to-day require tinuing regular surveys of Transition and ments. This section provides an addi Referral effectiveness. Evaluation visits tional application for the BPA; namely, to Installations shall be made periodically- as a single source instrument. by representatives of a higher headquar (c) When BPAs are issued to multiple ters during each year. sources, orders are rotated among these (Sec. 205(c), 63 Stat. 390; 40 UJ3.C. 486(c); 41 OFB 5-1.101 (c)) Effective date. This regulation is ef fective 30 days after the date shown below, but may be observed earlier. (c) Quarterly and annual reports Shall be forwarded to Assistant Secretary of Defense (M&RA) as outlined in format attached.1 (1) The Quarterly Transition Accom sources to achieve an even spread of or ders, provided prices are within a narrow competitive range. Where prices vary widely, buyers make individual determi nations every time they place an order Dated: August 10.1971. L. E- Spangler, Acting Commissioner, Federal Supply Service. plishment Report has been assigned Re port Control Symbol DD-M(Q)1102. (2) The Annual Report on Character istics of Separating Enlisted Personnel has been assigned Report Control Sym bol DD-M(A) 1103. Maurice W. Roche, Director, Correspondence and Directive Division, OASD , Administration. [FR Doc.71-12182 Plied 8-l-71;8:47 ami to give the order to that source which offers the best terms. Whereas this "charge account" method with multiple sources is often an effective method for small purchases of specific item makes or brands, it provides little incentive to BPA sources to'offer special price breaks. If, however, these same sources were faced with the prospect that only one of them would emerge as the sole supplier for satisfying small and miscellaneous re quirements in a generic line of products [FR Doc.71-12214 Filed 8-19-71;8:48 am] Chapter 50--Public Contracts, Department of Labor PART 50-204--SAFETY AND HEALTH STANDARDS FOR FEDERAL SUPPLY CONTRACTS Presumptions and Incorporations by Reference; Specific National Con for a specified period, e.g., 6 months or sensus Standards; Effective Date TAiNtleD 4P1R--OPEPRUTBYLIMCACNOAGNETRMAECNTTS4 Chapter .5A--Federal Supply Service, . General Services Administration PART 5A-3--PROCUREMENT BY NEGOTIATION Guidelines for Reducing Administra tive Costs in Making Small Purchases The table of contents of part 5A-3 is amended to delete $ 5A-3.606-J, and to add the following new entry: a year, there would be some inducement to these offerors to quote better terms. Consequently, the Government would gain by paying lower prices and, since the Government would have to deal with only a single source during the effective period of the single source BPA, the ad ministrative costs would be lower. (d) Solicitation and single source BPA provisions. Generally, SF 18, Re quest for Quotations, shall be used for obtaining price information for any sin gle source BPA. The request for quota tion should make it clear that a BPA will be issued to that responsive quoter who quotes the best terms to the Government for the entire requirement, at a stated On May 29, 1971, amendments to 41 CFR 50-204.1, 50-204.1a, and 50-204.2 were published in the Federal Register (36 FR. 9868). The last paragraph of the preamble to the amendments states that there is no delay in effective date for the amendments, except that national consensus standards which are published in 29 CFR Part 1910 (36 FR. 10466) and incorporated by reference in $ 50-204.2 (a) will be effective 90 days from the publication of the amendments in the Federal Register. The effective date pro vision of those amendments *is hereby revised as follows: No delay in effective date is provided Sec. level of quality, mice and other factors for the amendments, except that-the 6A-3.606-70 Advance establishment of sup considered. To obtain a common denomi national consensus-standards first pro ply sources by blanket pur chase arrangements. nator for the evaluation of quotations, requirements must be expressed in terms mulgated in 29 CFR Part 1910, Subpart C through S, and now incorporated by Subpart 5A--3.6--Small Purchases of minimum acceptable quality (appli reference in 41 CFR 50-204.2(a) (1), as cable specifications, brand-names or amended, shall take effect in accordance SA^-3.606-4 [Deleted] equal, manufacturer catalogs, etc.). Sin with the pertinent effective date provi 1. Section 5A-3.606--4 is deleted. gle source BPAs shall be issued for an sions contained in 29 CFR Part 1910. 2. Section 5A-3.606-70 is added as entire line of estimated requirements, The Intent of this revision is to make follows: based on best discounts from established clear that national consensus standards 5A--3.606--'70 Advance establishment of supply sources by blanket pur chase arrangements. contractors' catalogs and price lists, after assuring that the catalog items of the low quoters are comparable, qualitywise, to the items offered by other published in 29 CFR Part 1910, and in corporated by reference in 41 CFR 50204.2(a)(1), as amended, shall become effective in the two regulations simul (a) The following instructions are de quoters. The advantages of using the taneously, on the effective dates provided signed to reduce the administrative costs "price-list" method of making aggregate for the standards in Part 1910. The re in connection with processing small pur awards (see 5A-2.201-74) shall also be vision reflects the fact that various sub chases. These instructions apply primar considered. Delivery requirements should parts of Part 1910 provide for delays of 5 ily to the purchasing of the following be stated within a range from immedi more than 90 days In the effective dates types of requirements: ately to not later than 10 days after of some standards, which should follow (1) Low dollar value items for which receipt of order. The BPA shall contain the standards In their incorporation in requirements are sporadic and not suf a provision that no single order placed 5 50-204.2(a) (1). ficiently repetitive to be carried in stock or be included in Federal Supply Sched ules or term contracts; and thereunder will exceed $2,500 and that no order will be placed for any item cov ered by an established Government (Secs. 1, 4, 49 Stat. 2036, .2038, as amended; 41 TJ.S.O. 35, 38) (2) Low dollar value items which are contract source (PBS schedule, term Signed at Washington, D.C., this 13th listed in Federal Supply Schedules or contract, etc.) except (1) when the re day of August 1971. ' term contracts but which are not avail able from these sources because the quirement is below the minimum order quantity stated in such contract a^id the J. D. Hodgson, Secretary of Labor. `Filed as part of original. established contractor is unwilling to ac- IFR Doc.71--12165 Filed &-19-71;8:46 am] FEDERAL REGISTER, VOL 36, NO. 162--FRIDAY, AUGUST 20, 1971