41 C.F.R. Subpart 101–26.6—Procurement Sources Other Than GSA


Title 41 - Public Contracts and Property Management


Title 41: Public Contracts and Property Management
PART 101–26—PROCUREMENT SOURCES AND PROGRAM

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Subpart 101–26.6—Procurement Sources Other Than GSA

§ 101-26.600   Scope and applicability of subpart.

This subpart prescribes the policies, procedures, and limitations relating to civil agency use of procurement sources of the Department of Defense (DOD), which include the Defense supply centers of the Defense Logistics Agency (DLA) and the inventory control points of the military departments. The provisions of this subpart 101–26.6 are applicable to executive agencies unless otherwise specifically indicated. Other Federal agencies are encouraged to satisfy their requirements in the same manner.

[42 FR 58748, Nov. 11, 1977]

§ 101-26.601   [Reserved]

§ 101-26.602   Fuels and packaged petroleum products obtained from or through the Defense Logistics Agency.

(a) Agencies shall be governed by the provisions of this §101–26.602 in satisfying requirements for coal, natural gas from sources other than a public utility, petroleum fuels, and certain petroleum products from or through the Defense Logistics Agency.

(b) The Defense Logistics Agency has been assigned the supply responsibility for these materials which will be available either from contracts (or contracts summarized in contract bulletins) issued by the Defense Fuel Supply Center, Alexandria, Va., or through FEDSTRIP/MILSTRIP requisitions placed on the Defense General Supply Center, Richmond, Va., in accordance with instructions contained in §101–26.602–2. Agencies submitting estimates of requirements which are summarized in the Defense Fuel Supply Center contract bulletins are obligated to procure such requirements from these contracts. Estimates submitted shall not include requirements normally obtained through service station deliveries utilizing the U.S. Government National Credit Card.

[42 FR 58748, Nov. 11, 1977 as amended at 57 FR 21895, May 26, 1992]

§ 101-26.602-1   Procurement of lubricating oils, greases, and gear lubricants.

(a) The Defense Fuel Supply Center will make annual procurements of lubricating oils, greases, and gear lubricants for ground type (nonaircraft) equipment and of aircraft engine oils on an annual program basis. Estimates of requirements for items covered by these programs will be solicited annually from agencies on record with the Defense Fuel Supply Center in time for the requirements to arrive at the Center on the following schedule:

 ------------------------------------------------------------------------                                       Purchase                                        program      Due on or before------------------------------------------------------------------------Lubricating oils (nonaircraft)......         4.1  November 15.Aircraft engine oils................         4.2  June 15.Grease and gear oils................         4.4  October 15.------------------------------------------------------------------------

(b) Activities not on record but requiring procurement support shall submit requests to: Commander, Defense Fuel Supply Center, Attn: DFSC:PG, Cameron Station, Alexandria, VA 22314, on or before the requirement due dates specified in §101–26.602–1(a). Submission of requirements is not required if:

(1) The maximum single order is less than the minimum quantity obtainable under the bulletin;

(2) Container sizes are smaller than those available under the bulletin; or

(3) Purchase without regard to existing Defense Fuel Supply Center contracts is otherwise authorized.

(c) Agency requirements will be consolidated and solicited for procurement by the Defense Fuel Supply Center. Contractual action to obtain coverage for these programs will be summarized in a contract bulletin for program 4.1 and 4.4. Copies of the bulletins (copies of contracts for program 4.2) will be distributed to addresses provided by the agencies on record.

(d) Deliveries of lubricants covered by Defense Fuel Supply Center contracts shall be obtained by activities in the United States by following the instructions contained in the respective contracts or contract bulletins.

[34 FR 19977, Dec. 20, 1969, as amended at 39 FR 33315, Sept. 17, 1974]

§ 101-26.602-2   Procurement of packaged petroleum products.

(a) Packaged petroleum products listed in Federal Supply Catalog for Civil Agencies shall be obtained by submitting requisitions prepared in accordance with the FEDSTRIP Operating Guide (FPMR 101–26.2) to the Defense General Supply Center (DGSC), Richmond, Va. 23297, using routing identifier code S9G. The Federal Supply Catalog for Civil Agencies may be obtained, upon written request, from the Commander, Defense Logistics Services Center, Attn: DLSC-T, Battle Creek, Mich. 49016. Requisitions for packaged petroleum items not in this catalog and not otherwise included in Defense Fuel Supply Center (DFSC) procurements under the provisions of §101–26.602–1 may be submitted to DGSC. DGSC will supply the items from inventory or will refer the requisitions to DFSC for purchase and direct delivery to the requisitioner. Packaged petroleum items may be obtained from other Federal activities by agreement with the activity concerned or by local purchase when such action is authorized under the provisions of the Defense Logistics Agency (DLA) local purchase policy contained in paragraph (b) of this section.

(b) Activities may effect local purchase of any DLA-managed, centrally procured item, commercially available, provided the purchase:

(1) Is limited to immediate-use requirements generated by emergency conditions (e.g., work stoppage, etc.), or

(2) Is to satisfy a routine requirement having a total line value not in excess of $25 and is determined to be the most economical method of supply.

(c) DGSC may return requisitions for local purchase action citing FEDSTRIP/MILSTRIP status code CW with the concurrence of the requisitioning activity when it is deemed that a local purchase action would be the most economical method of supply. A determination will be based on recognition of excessive costs (procurement, transportation/shipping, and special packaging considerations) as compared to those costs associated with local purchase action. Requisition priorities, backorder situations, procurement and required delivery dates (PDD/RDD), and requisition line item dollar values shall not be a basis or consideration for a Status Code CW reject action. Requisitions from overseas activities will not be returned to overseas activities for a local purchase action.

[37 FR 668, Jan. 15, 1972, as amended at 42 FR 58748, Nov. 11, 1977]

§ 101-26.602-3   Procurement of gasoline, fuel oil (diesel and burner), kerosene, and solvents.

(a) Estimates of annual requirements will be solicited annually by the Defense Fuel Supply Center from agencies on record so as to reach that activity approximately 45 calendar days before the due date shown in Defense Fuel Supply Center geographic alignment of States set forth in §101–26.602–3 (d) and (e). The requirements call will be accomplished by mailing a computer-produced record of the file data for each delivery point that has been identified to each submitting addressee; instructions for validation and return will be included. Activities not on record but requiring procurement support shall prepare and submit estimates on DFSC Form 15:18 to the Defense Fuel Supply Center, Cameron Station, Alexandria, VA 22314. An illustration of DFSC Form 15:18 is contained in §101–26.4904–1518. Copies may be obtained on request from: Commander, Defense Fuel Supply Center, Attention: DFSC—OD, Cameron Station, Alexandria, VA 22314.

(1) Estimated annual requirements for any delivery point which total less than the following minimums shall not be submitted to the Defense Fuel Supply Center, unless the activity does not have authority or capability to procure locally.

 ------------------------------------------------------------------------                                                               Minimum                                                                annual                            Item                             requirement                                                              (gallons)------------------------------------------------------------------------Gasoline...................................................       10,000Burner fuel oil............................................       10,000Diesel oil.................................................       10,000Kerosene...................................................       10,000Solvents...................................................          500------------------------------------------------------------------------

(2) Estimates shall not be submitted when the minimum quantities to be delivered to any one point on a single delivery are less than the following minimums, unless the activity does not have the authority or capability to procure locally.

 ------------------------------------------------------------------------                                           Minimum quantity furnished on             Delivery method                     a single delivery------------------------------------------------------------------------Drums....................................  4 drums (200-220 gallons).Tank wagon...............................  50 gallons.Transport truck..........................  Full truckload (5,200-7,500                                            gallons).Tank car.................................  Full carload (8,000-12,000                                            gallons).------------------------------------------------------------------------

(b) Agency requirements will be solicited for procurement by the Defense Fuel Supply Center, and contracts resulting from these solicitations will be summarized in contract bulletins, separately for each Defense Fuel Supply Center geographic region, and distributed to agencies on record. Activities requiring additional contract bulletins shall submit requests to: Commander, Defense Fuel Supply Center, Attention: DFSC—OD, Cameron Station, Alexandria, VA 22314.

(c) The items covered in contract bulletins issued by the Defense Fuel Supply Center are in accordance with the latest issue of the applicable Federal specification. Agency requirements submitted for products not under a Federal specification must include accurate and complete product laboratory analysis.

(d) The following illustrates the Defense Fuel Supply Center geographic alignment of the States, the delivery periods covered for each region, the identification of purchase programs, and the due dates for submission of requirements for motor gasoline, fuel oil (diesel and burner), and kerosene.

      Motor Gasoline, Fuel Oils (Diesel and Heating), and Kerosene------------------------------------------------------------------------                                                       Requirements due              State                 Delivery period          date------------------------------------------------------------------------Alaska_Purchase Program 3.9 \1\.  July 1-June 30....  January 1.Hawaii_Purchase Program 3. \1\..  January 1-December  July 1.                                   31.DFSC Region 1_Purchase Program 3.21:  Connecticut...................  September 1-August  March 1.                                   31.  Maine.........................  ......do..........   Do.  Massachusetts.................  ......do..........   Do.  New Hampshire.................  ......do..........   Do.  Rhode Island..................  ......do..........   Do.  Vermont.......................  ......do..........   Do.DFSC Region 2_Purchase Program 3.22:  New Jersey....................  October 1-          April 1.                                   September 30.  New York......................  ......do..........   Do.  Pennsylvania..................  ......do..........   Do.DFSC Region 3_Purchase Program 3.23:  Delaware......................  August 1-July 31..  February 1.  District of Columbia..........  ......do..........   Do.  Indiana.......................  ......do..........   Do.  Kentucky......................  ......do..........   Do.  Maryland......................  ......do..........   Do.  Ohio..........................  ......do..........   Do.  Tennessee.....................  ......do..........   Do.  Virginia......................  ......do..........   Do.  West Virginia.................  ......do..........   Do.DFSC Region 4_Purchase Program 3.24:  Alabama.......................  April 1-March 31..  October 1.  Arkansas......................  ......do..........   Do.  Florida.......................  ......do..........   Do.  Georgia.......................  ......do..........   Do.  Louisiana.....................  ......do..........   Do.  Mississippi...................  ......do..........   Do.  Missouri......................  ......do..........   Do.  North Carolina................  ......do..........   Do.  South Carolina................  ......do..........   Do.  Puerto Rico...................  ......do..........   Do.  Virgin Islands................  ......do..........   Do.DFSC Region 5_Purchase Program 3.25:  Illinois......................  May 1-April 30....  Nov. 1.  Iowa..........................  ......do..........   Do.  Michigan......................  ......do..........   Do.  Minnesota.....................  ......do..........   Do.  Wisconsin.....................  ......do..........   Do.DFSC Region 6_Purchase Program 3.26:  Colorado......do..............  June 1-May 31.....  December 1.  Kansas........................  ......do..........   Do.  Nebraska......................  ......do..........   Do.  New Mexico....................  ......do..........   Do.  North Dakota..................  ......do..........   Do.  Oklahoma......................  ......do..........   Do.  South Dakota..................  ......do..........   Do.  Texas.........................  June 1-May 31.....  December 1.  Wyoming.......................  ......do..........   Do.DFSC Region 7_Purchase Program 3.27:  Arizona.......................  November 1-October  May 1.                                   31.  California....................  ......do..........   Do.  Nevada........................  ......do..........   Do.  Utah..........................  ......do..........   Do.DFSC Region 8_Purchase Program 3.28:  Idaho.........................  July 1-June 30....  January 1.  Montana.......................  ......do..........   Do.  Oregon........................  ......do..........   Do.  Washington....................  ......do..........   Do.------------------------------------------------------------------------\1\ Includes solvents.Note: Program 3.23 does not include requirements for those activities  supported by the GSA Region 3 Fuel Yard.

(e) Estimates of requirements for solvents to be delivered in the continental United States, Puerto Rico, and the Virgin Islands during the period January 1 through December 31 shall be submitted to arrive at the Defense Fuel Supply Center by the preceding July 1. The purchase program identification is 3.11.

(f) Estimates of requirements for aviation fuels for delivery in the United States shall be submitted in accordance with section 11, chapter 1, of DOD 4140.25–M, Procedures for the Management of Petroleum Products.

(g) Requirements for aviation fuels (all grades) shall be submitted in accordance with DFSC Regulation 4220.1, Requirements Submission Schedule for Petroleum Products. Copies of DFSCR 4220.1 may be obtained from the Defense Fuel Supply Center (DFSC-W), Cameron Station, Alexandria, Va. 22314.

(h) Requirements for petroleum fuels at locations other than as identified in this §101–26.602–3 may be obtained from other Federal activities by agreement with the activity concerned or from local purchase sources, when local purchase authority and capability exists, or by submitting requests direct to the Defense Fuel Supply Center, Attention: DFSC-OD, Cameron Station, Alexandria, Va. 22314, if centralized procurement is desired.

[34 FR 19978, Dec. 20, 1969, as amended at 39 FR 33316, Sept. 17, 1974; 42 FR 58749, Nov. 11, 1977; 47 FR 4682, Feb. 2, 1982]

§ 101-26.602-4   Procurement of coal.

(a) Federal agencies desiring to participate in the Defense Fuel Supply Center coal contracting program for carload delivery outside the District of Columbia and vicinity may obtain coal through this program by submitting estimates as provided in this §101–26.602–4.

(b) Estimates of coal requirements shall be prepared on DD Form 416, Requisition for Coal, Coke, or Briquettes (illustrated as §101–26.4904–416), clearly marked “Estimate Only”, and submitted in original and one copy to arrive at the Defense Fuel Supply Center, Cameron Station, Alexandria, Va. 22314, before the following requirement due dates:

 ----------------------------------------------------------------------------------------------------------------                                                                     Requirements due in        For delivery         Purchase program              For activities located in           DFSC by               beginning----------------------------------------------------------------------------------------------------------------5.5...............................  Indiana, Illinois, Iowa,        June 1...............  December 1.                                     Kansas, Missouri, South                                     Dakota, West Tennessee, West                                     Kentucky, Wisconsin.5.9 (Lignite).....................  North Dakota..................  ......do.............   Do.5.3...............................  Alabama, East Kentucky, East    August 15............  April 1.                                     Tennessee, Ohio, Georgia,                                     North Carolina, South                                     Carolina, West Virginia.5.8 (Anthracite)..................  Connecticut, District of        November 1...........  May 1.                                     Columbia, Maryland,                                     Massachusetts, New Jersey,                                     New York, Pennsylvania,                                     Virginia, South Carolina.5.4...............................  Michigan, Minnesota, North      ......do.............   Do.                                     Dakota, Wisconsin.5.7...............................  Alaska........................  ......do.............   Do.5.2...............................  District of Columbia,           January 15...........  August 1.                                     Maryland, New Jersey,                                     Pennsylvania, Virginia.5.1...............................  Connecticut, Maine,             April 1..............  October 1.                                     Massachusetts, New Hampshire,                                     New York, Vermont.5.6...............................  Arizona, California, Colorado,  ......do.............   Do.                                     Idaho, Montana, New Mexico,                                     Oregon, Utah, Washington,                                     Wyoming.----------------------------------------------------------------------------------------------------------------Note: Except for purchase programs 5.8 and 5.9 all programs refer to requirements for bituminous coal.

(1) A separate requirement form shall be prepared for each delivery point and for each size and kind of coal, such as bituminous, anthracite, or lignite. The purchase program number is to be entered in the upper right hand block of DD Form 416.

(2) The section of DD Form 416 entitled “Analytical Specifications Required” shall reflect minimum requirements based on heating engineering data applicable to the particular equipment in which the coal will be used.

(c) Contractual information covering these requirements will be furnished each participating agency by the Defense Fuel Supply Center after contracts are awarded. As shipments of coal are required, each activity shall direct the contractor to make delivery. Payment for deliveries shall be arranged for by the ordering activity directly with the contractor. Should estimated requirements not be needed due to changes or conversions in heating equipment or other reasons, activities shall notify the Defense Fuel Supply Center of such changes as soon as possible.

(d) Copies of DD Form 416 may be obtained from: Commander, Defense Fuel Supply Center, Attention: DFSC:PE, Cameron Station, Alexandria, VA 22314.

(e) Requirements for coal at locations other than as identified in this §101–26.602–4 may be obtained by submitting requests directly to the Defense Fuel Supply Center, if centralized procurement is desired.

(f) Each participating agency may elect to collect coal samples, for analysis purposes, in accordance with the latest edition of the Handbook on Coal Sampling issued by the Department of the Interior, Bureau of Mines. Copies of this Handbook on Coal Sampling may be obtained upon request from: Coal Sampling and Inspection, Division of Mineral Studies, U.S. Bureau of Mines, College Park, Md. 20740.

(g) Coal samples shall be forwarded by the agency to the Bureau of Mines, 4800 Forbes Avenue, Pittsburgh, Pa. 15213. A charge for each sample submitted will be assessed by the Bureau of Mines for performing such analysis, or agencies may enter into an agreement with the Bureau of Mines for services and testing on an annual flat rate basis. Agencies shall furnish the Bureau of Mines laboratory complete billing instructions at the time samples are submitted. Copies of the results of each analysis will be furnished by the Bureau of Mines to offices responsible for payment for comparison with the analytical limits guaranteed by the contractor. In the event that the sample does not meet the minimum requirements of the analytical limits specified in the contract, the using agency shall compute the amount, if any, to be deducted from the contract price.

[34 FR 19978, Dec. 20, 1969, as amended at 42 FR 58749, Nov. 11, 1977]

§ 101-26.602-5   Procurement of natural gas from the wellhead and other supply sources.

(a) Natural gas requirements shall be satisfied from sources that are most advantageous to the Government in terms of economy, efficiency, and service. A cost/benefit analysis shall be required by the procuring Federal agency if the natural gas procurements at a facility exceed 20,000 mcf annually and the facility can accept interruptible service. If sources other than the local public utility are the most advantageous to the Government, agency requirements may be satisfied through the Defense Logistics Agency (DLA). Arrangements for DLA procurements on behalf of civilian agencies shall be made through GSA. GSA will forward agency requests to DLA after assuring that necessary requirements data are included.

(b) Agency requests for DLA natural gas shall be forwarded to the Public Utilities Division (PPU), Office of Procurement, General Services Administration, 18th and F Streets, NW., Washington, DC 20405. The requests shall include for each facility for which natural gas is required: The name, address, and telephone number of the requesting agency representative; the name, address, and telephone number of the facility representative; the name of the local distribution company; the expected usage (in mcf) at the facility for each month during the next year of service; the expected peak day usage in mcf at the facility; a statement of funds availability; and documentation of the cost analysis performed that justifies the alternative source procurement.

(c) Agency requests for procurements by DLA shall be forwarded to GSA at the time the information specified in §101–26.602–5(b) becomes available.

(d) Agencies should anticipate that actions required by DLA to establish a natural gas contract will take 5 to 7 months.

[57 FR 21895, May 26, 1992]

§ 101-26.603   Electronic items available from the Defense Logistics Agency.

Executive agencies shall satisfy their requirements for electronic items listed in the Federal Supply Catalog for Civil agencies (FSC group 59, except classes 5940, 5970, 5975, 5977, and 5995) from the Defense Electronic Supply Center (DESC), DLA. Requisitions shall be prepared in accordance with the FEDSTRIP Operating Guide and submitted to DESC, 1507 Wilmington Pike, Dayton, Ohio 45444, using routing identifier code S9E. Items listed in classes 5940, 5970, 5975, 5977, and 5995, unless managed as exceptions by GSA, shall be obtained from the Defense General Supply Center (DGSC), Richmond, Va. 23297. Electronic items may be obtained from local purchase sources when such action is authorized under the provisions of §101–26.602–2(b). DESC may return requisitions for local purchase under the same conditions governing the return of requisitions by DGSC set forth in §101–26.602–2(c).

[42 FR 58749, Nov. 11, 1977]

§ 101-26.605   Items other than petroleum products and electronic items available from the Defense Logistics Agency.

Agencies required to use GSA supply sources should also use Defense supply centers (DSC's) as sources of supply for items listed in the Federal Supply Catalog for Civil Agencies, Identification and Management Data List, published by DLA. By agreement with the Defense Logistics Agency, the catalog will contain only those items in Federal supply classification classes which are assigned to them for Government-wide integrated management, or exception items in other classes similarly assigned. A list of DSC's and their corresponding commodity areas along with requisitioning instructions are published in the FEDSTRIP Operating Guide. As additional items are assigned to managers other than GSA for Government-wide integrated material management, GSA will announce the changes through the Federal Catalog System and GSA's regular supply publications.

[42 FR 58750, Nov. 11, 1977]

§ 101-26.606   Supply support available from the inventory control points of the military departments.

Federal civil agencies may obtain items of supply which are procured and managed by the inventory control points (ICP) of the Army, Navy, and Air Force and are available in the United States, provided that a national stock number has been assigned to the items. A list of ICP's and their corresponding commodity areas is in the FEDSTRIP operating Guide. Agencies should also refer to the FEDSTRIP operating Guide for additional information concerning supply support from the ICP's and for instructions on obtaining items from these sources.

[42 FR 58750, Nov. 11, 1977]

§ 101-26.607   Billings.

Unless other arrangements have been made between the Defense Logistics Agency and the requisitioning activity, billings for sales will be rendered at least monthly on Standard Form 1080, Voucher for Transfers Between Appropriations and/or Funds, supported by a listing of documents including identification of requisitions and related cards reflecting data pertaining to the gross sale, the retail loss allowance, and any credits for adjustments applicable to prior billings. In addition to these charges, an accessorial charge will be made on shipments destined for overseas to cover expenses incident to overseas packing, handling, and transportation. The Defense supply centers shall be provided with a continental U.S. address for payment of bills for overseas shipments.

[42 FR 28750, Nov. 11, 1977]

§ 101-26.607-1   Payments.

Payments are expected to be made within 15 calendar days of receipt of the Standard Form 1080 from the Defense supply centers. Payment shall not be deferred until receipt of shipment or withheld pending resolution of adjustments.

[42 FR 58750, Nov. 11, 1977]

§ 101-26.607-2   Adjustments.

Requests for billing adjustments should be submitted in accordance with chapter 5 of the GSA Handbook, Discrepancies or Deficiencies in GSA or DOD Shipments, Material, or Billings (FPMR 101–26.8).

[42 FR 58750, Nov. 11, 1977]

§ 101-26.607-3   Emergency requirements.

In cases of public exigency, items available from the Defense Logistics Agency may be procured from other sources as provided in §1–3.202.

[42 FR 58750, Nov. 11, 1977]

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