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Tuesday, February 8, 1949
curement officers concerning the placing of business w ith sm all concerns and th e circum stances under which they may waive the gen eral policy of advertising for bids, It is of great importance in procurement m atters to establish standards and definitions to guide all personnel who have authority to place contracts. Otherwise, differences in inter pretation and policies may result in im
prudent contracts and give rise to doubts about the wisdom of th is new procurement system.

It is believed that the Armed Services Procurement Regulation whfbh is now being issued carries out on a policy level the instructions contained in the Presi dents letter. All procurement personnel are enjoined to follow strictly the stand ards and requirements set forth in this regulation as well as in such implement ing procedures as will be issued under it from time to time by each respective De partment.
G ordon G ray ,
The Assistant Secretary of the Army.
M. E. A ndrew s ,
Assistant Secretary of the Navy.
A. S. B arrows, Under Secretary of the Air Force.
P art 400G eneral P rovisions SUBPART A INTRODUCTION

Sec.
400.100
Scope of subpart.
400.101
Purpose of subchapter.
400.102
Applicability of subchapter.
400.103
Effective date of subchapter.
400.104
Arrangement of supchapter.
400.104- 1General p l a n .
400.104- 2 Numbering.
400.104- 3 Cross references.
400.104- 4 Citation.
400.105
Amendment of subchapter.
400.106
Department procedures under subchapter.
400.107
Procuring activity Instructions under subchapter.
400.108
Deviations from subchapter.
400.109
Administration and interpreta tion.
400.110
Periodic reports of purchases and contracts.
400.111
Reports of suspected criminal conduct.
SUBPART B DEFINITIONS OF TERMS

400.201
400.201400.201400.201400.201400.201400.201400.201400.201400.201-

Definitions.
1 Department.
2 Secretary.
3 Procuring activity.
4 Igead of a procuring activity.
5 Contracting Officer.
6 Contracts.
7 Procurement.
8 Supplies.
9 Sources of supplies.
SUBPART C BASIC POLICIES

400.300
Scope of subpart.
400.301
Methods of procurement.
400.302
Sources of supplies.
400.302- 1 Government agencies.
400.302- 2 Sources outside the Government 400.302- 3 Small business concerns.
400.302- 4 Foreign purchases.
400.303
Ineligible contractors and dis qualified bidders.
400.303- 1 Additions to and removals from the list of ineligible contractors and disqualified bidders.
400.303- 2 Exchange of lists.
400.304
Types of contracts.
400.305
Specifications.
SUBPART D PROCUREMENT RESPONSIBILITY AND
AUTHORITY

400.400
400.401

Scope of subpart.
Responsibility of each procuring activity.

FEDERAL REGISTER
Sec.
404402

General authority of contracting office.
400.403
Requirements to be m et before entering into contracts.
400.404
Special requirements to be m et before entering into negotiated contracts.
A u t h o r i t y : 400.100 to 400.404 Issued under sec. 1 a , b , 54 Stat. 712, 55 Stat.
838, Pub. Law 413, 80th Cong.; 41 U. S. C.
preceding sec. 1 note, 50 U. S. C. App. 601-622;
E. O. 9001, Dec. 27, 1941, 3 CFR Cum. Supp.
SUBPART A INTRODUCTION

400.100 Scope of subpart. This sub part sets forth a introductory infor mation pertaining to this subchapter its purpose, applicability, effective date, and arrangement and b instructions for amending, implementing, and deviat ing from this subchapter.
400.101 P u r p o s e of subchapter.
This subchapter, issued by the Secre taries of the Army, Navy, and Air Force, establishes for the Departments of the Army, Navy, and Air Force uniform poli cies relating to the procurement of sup plies and services under the authority of the Armed Services Procurement Act of 1947, Public Law 413, 80th Congress, hereinafter referred to as "the act , or under other statutory authorization.
400.102 Applicability of subchapter.
This subchapter shall apply to all pur chases and contracts made by any De partment fdr the procurement of sup plies or services which obligate appropri ated funds including available contract authorizations and which are executed as of a date on or after the effective date of this subchapter. This subchapter shall not apply a to any contract formalizing a preliminary contractual agreement, such as a letter contract or a letter of intent, which itself was made prior to the effective date of this sub chapter; or b to any amendment, mod ification, or supplemental agreement with respect to any contract executed as of a date prior to the effective date of this subchapter: Provided. That this subchapter shall apply to any such amendment, modification, or supple mental agreement which provides for the new or additional procurement of supplies or services. Each such contract shall contain as statement of the stat utory authorization under which the contract is made, and in the case of ne gotiated contracts shall cite or refer to either the appropriate paragraph of sec tion 2 of the act together with any such supporting statement or certificate as is required by the provisions of Part 402 of this subchapter or such other statutory authorization as may apply. Rules, regu lations, and directives of any Department or Departments not in conflict with this subchapter, as from time to time amended, shall remain in full force and effect. This subchapter is not intended to cover .detailed procurement proced ures or instructions of the respective De partments and their procuring activi ties, all of which procedures and in structions may be prescribed as provided in 400.106 and 400.107.
400.103 Effective date of subchapter.
This subchapter shall be effective on and after May 19,1948.

523
400.104 Arrangement of subchapter.
400.104-1 General plan. This sub chapter is intended to cover broad poli cies with respect to procurement. The subchapter is divided into parts, each one of which deals with a separate aspect of procurement; and each part is further subdivided into subparts and sections..
400.104-3 Cross references. Unless specifically stated otherwise, cross refer ences in this subchapter indicate sec tions, subparts, or parts of this sub chapter.
400.104-4 Citation. This subchap ter shall be referred to as the Armed Services Procurement Regulation, and any paragraph may be cited as ASPR
followed by the paragraph number.
Thus, this paragraph would be cited as ASPR 1-104.4.
400.105 Amendment of subchapter.
This subchapter may be amended from time to time by joint action of the Sec retaries of the three Departments. Rec ommendations for amendments shall be submitted within each Department to the Secretary thereof, in accordance with procedures prescribed by that De partment. Unless otherwise specifically provided in any amendment, compliance therewith shall not be mandatory until thirty days after the date of its issuance, although compliance shall be authorized from such date.
400.106 Department procedures un der subchapter. The Secretary of any Department may implement this sub chapter by prescribing for his Depart ment detailed procurement procedures which are not inconsistent with this sub chapter. Copies of such procedures shall be forwarded to the other Departments.
400.107 Procuring activity instruc tions under subchapter. The head of any procuring activity of any Depart ment may prescribe for his activity de tailed operating instructions which are not inconsistent with this subchapter or with the procurement procedures pre scribed for that Department. Copies of such operating instructions will be dis tributed in accordance with procedures prescribed by each respective Depart ment.
400.108 Deviations from subchapter.
Deviations from the requirements of this subchapter shall be made only in ac cordance with procedures prescribed by each respective Department, and then only in cases where special circum stances justify the deviation. A report of any such deviation shall be furnished to the other Departments.
400.109 Administration and inter pretation. All procedures, instructions, deviations, and interpretations with re spect to this subchapter shall be ap proved in accordance with procedures prescribed by each respective Depart ment.
400.110 Periodic reports of pur chases and contracts. The following periodic reports of purchases and con tracts shall be made by each Department in accordance with the specified provi sions of this subchapter and in the form