[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR51-5.4]

[Page 57]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY 
                                DISABLED
 
PART 51-5--CONTRACTING REQUIREMENTS--Table of Contents
 
Sec. 51-5.4  Purchase exceptions.

    (a) A central nonprofit agency will normally grant a purchase 
exception for a contracting activity to procure from commercial sources 
commodities or services on the Procurement List when both of the 
following conditions are met:
    (1) The central nonprofit agency or its nonprofit agency(ies) cannot 
furnish a commodity or service within the period specified, and
    (2) The commodity or service is available from commercial sources in 
the quantities needed and significantly sooner than it will be available 
from the nonprofit agency(ies).
    (b) The central nonprofit agency may grant a purchase exception when 
the quantity involved is not sufficient to be furnished economically by 
the nonprofit agency(ies).
    (c) The Committee may also grant a purchase exception for the 
reasons set forth in paragraphs (a) and (b) of this section.
    (d) The central nonprofit agency shall obtain the approval of the 
Committee before granting a purchase exception when the value of the 
procurement exceeds the simplified acquisition threshold set forth in 
the Federal Acquisition Streamlining Act of 1994 or any subsequent 
amendments thereto.
    (e) When the central nonprofit agency grants a purchase exception 
under the above conditions, it shall do so promptly and shall specify 
the quantities and delivery period covered by the exception.
    (f) When a purchase exception is granted under paragraph (a) of this 
section:
    (1) Contracting activities shall initiate purchase actions within 15 
days following the date of the purchase exception. The deadline may be 
extended by the central nonprofit agency with, in cases of procurements 
exceeding the simplified acquisition threshold, the concurrence of the 
Committee.
    (2) Contracting activities shall furnish a copy to the solicitation 
to the appropriate central nonprofit agency at the time it is issued, 
and a copy of the annotated bid abstract upon awarding of the commercial 
contract.
    (g) Any decision by a central nonprofit agency regarding a purchase 
exception may be appealed to the Committee by the contracting activity.

[56 FR 48981, Sept. 26, l991; 56 FR 64002, Dec. 6, 1991, as amended at 
59 FR 59343, Nov. 16, 1994]