Subpart 1301.1 - Purpose, Authority, Issuance
1301.100 Scope of subpart.
1301.101 Purpose.
1301.102 Authority.
1301.103 Applicability.
1301.104 Issuance.
1301.104-1 Publication and code arrangement.
1301.104-2 Arrangement of regulations.
1301.104-3 Copies.
Subpart 1301.6- Contracting Authority and Responsibilities
1301.601 General.
1301.601-70 Responsibilities of Heads of Contracting Activities,
1301.601-71 Responsibilities of the Procurement Executive.
1301.603 Selection, appointment, and termination of appointment.
1301.603-70 Ratification of unauthorized contract awards.
1301.603-71 Responsibility of other Government personnel.
Subpart 1301.1 - Purpose, Authority, Issuance
This subpart states the relationship of the Commerce Acquisition Regulation (CAR) to the Federal Acquisition Regulation (FAR). This subpart also explains the purpose, authority and issuance of the CAR.
(a) Chapter 13 of Title 48 of the Code of Federal Regulations shall be known as the Commerce Acquisition Regulation (CAR).
(b) The purpose of the CAR is to implement and supplement the FAR within the Department of Commerce. Since the CAR is intended to supplement and implement the FAR without paraphrasing or duplicating FAR language, the CAR should be read in relation to the FAR.
The CAR is prescribed by the Department Procurement Executive pursuant to a delegation initiating from the Secretary of Commerce in accordance with the Federal Property and Administrative Services Act of 1949, as amended, and other applicable law and regulation.
The FAR and CAR apply to all acquisitions within the Department of Commerce.
1301.104-1 Publication and code arrangement.
(a) The CAR is published in (1) daily issues of the Federal Register, (2) cumulative form in the Code of Federal Regulations (CFR), and (3) a separate loose-leaf edition.
(b) The CAR is issued as Chapter 13 of Title 48 of the CFR.
1301.104-2 Arrangement of regulations.
(a) General. The CAR is divided into the same parts, subparts, sections, subsections and paragraphs as the FAR. When FAR coverage is adequate by itself, there will be no corresponding CAR coverage.
(b) Numbering. Where the CAR implements the FAR, the CAR part, subpart, section or further subdivision will be numbered the same as the corresponding FAR part, subpart, section, or further subdivision except that the CAR implementation will be preceded by a 13 or 130 50 that there are four numbers to the left of the first decimal.
Where the CAR. supplements the FAR, supplementing material will be assigned the number 70 and above. The placement of the sequence of 70 numbers in relation to the decimal point will depend on what division of the FAR is supplemented.
(c) References and citations
(2) This regulation may be referred to as the Commerce Acquisition Regulation (CAR).
(3) References to FAR materials will include FAR and the identifying number, for example, FAR 1.402. Reference to CAR materials will consist of the, identifying number, for example 1301.402.
(a) Copies of the CAR in Federal Register or CFR form may be purchased from the Superintendent of Documents, Government Printing Office (GPO), Washington, D.C. 20402. Requests should reference the CAR as Chapter 13 of Title 48 of the Code of Federal Regulations.
(b) Loose-leaf copies of the CAR are distributed within the Department by the Procurement Executive.
Subpart 1301.6 - Contracting Authority and Responsibilities
1301.603 Selection, appointment, and termination of appointment.
1301.603-70 Ratification of unauthorized contract awards.
(a) The Department is not bound by any formal or informal type of agreement or contractual commitment which is made by persons who are not delegated contracting authority. When these unauthorized acts are discovered they shall be immediately reported to the Head of the Contracting Activity concerned. The Head of the Contracting Activity shall:
(1) Immediately inform any person who is performing work as a result of an unauthorized commitment that the work is being performed at that person’s risk;
(2) Decide whether ratification of the unauthorized act is proper, and take appropriate action.
