48 CFR 253.215-70 Ch. II, App. D
48 CFR 253.215-70 Appendix D -- Component Breakout
Sec.
D-100 Scope.
D-101 Definition.
D-102 Policy.
D-103 Responsibility.
D-104 Procedures.
D-105 Records.
Authority: 5 U.S.C. 301, 10 U.S.C. 2202, DoD Directive 5000.35, FAR
subpart 1.3.
D-100 Scope.
(a) This appendix provides policy and procedures for breaking out
components of end items for future acquisitions so that the Government
can purchase the components directly from the manufacturer or supplier
and furnish them to the end item manufacturer as Government-furnished
material.
(b) This appendix does not apply to --
(1) The initial decisions on Government-furnished
equipment/contractor-furnished equipment that are made at the inception
of an acquisition program; or
(2) Breakout of parts for replenishment (see Appendix E).
D-101 Definition.
''Component,'' as used in this appendix, includes subsystems,
assemblies, subassemblies, and other major elements of an end item; it
does not include elements of relatively small annual acquisition value.
D-102 Policy.
DoD policy is to breakout components of weapons systems or other
major end items under certain circumstances.
(a) When it is anticipated that a prime contract will be awarded
without adequate price competition, and the prime contractor is expected
to acquire any component without adequate price competition, breakout
that component if --
(1) Substantial net cost savings probably will be achieved; and
(2) Breakout action will not jeopardize the quality, reliability,
performance, or timely delivery of the end item.
(b) Even when either or both the prime contract and the component
will be acquired with adequate price competition, consider breakout of
the component if substantial net cost savings will result from --
(1) Greater quantity acquisitions; or
(2) Such factors as improved logistics support (through reduction in
varieties of spare parts) and economies in operations and training
(through standardization of design).
(c) Breakout normally is not justified for a component that is not
expected to exceed $1 million for the current year's requirement.
D-103 Responsibility.
(a) Agencies are responsible for ensuring that --
(1) Breakout reviews are performed on components meeting the criteria
in D-102(a) and (b);
(2) Components susceptible to breakout are earmarked for
consideration in future acquisitions;
(3) Components earmarked for breakout are considered during
requirements determination and appropriate decisions are made; and
(4) Components are broken out when required.
(b) The program manager or other official responsible for the
material program concerned is responsible for breakout selection,
review, and decision.
(c) The contracting officer or buyer and other specialists (e.g.,
small business specialist, engineering, production, logistics, and
maintenance) support the program manager in implementing the breakout
program.
D-104 Procedures.
(a) A breakout review and decision includes --
(1) An assessment of the potential risks to the end item from
possibilities such as delayed delivery and reduced reliability of the
component;
(2) A calculation of estimated net cost savings (i.e., estimated
acquisition savings less any offsetting costs); and
(3) An analysis of the technical, operational, logistics, and
administrative factors involved.
(b) The decision must be supported by adequate explanatory
information, including an assessment by the end item contractor when
feasible.
(c) The following questions should be used in the decision process --
(1) Is the end item contractor likely to do further design or
engineering effort on the component?
(2) Is a suitable data package available with rights to use it for
Government acquisition? (Note that breakout may be warranted even
though competitive acquisition is not possible.)
(3) Can any quality control and reliability problems of the component
be resolved without requiring effort by the end item contractor?
(4) Will the component require further technical support (e.g.,
development of specifications, testing requirements, or quality
assurance requirements)? If so, does the Government have the resources
(manpower, technical competence, facilities, etc.) to provide such
support? Or, can the support be obtained from the end item contractor
(even though the component is broken out) or other source?
(5) Will breakout impair logistics support (e.g., by jeopardizing
standardization of components)?
(6) Will breakout unduly fragment administration, management, or
performance of the end item contract (e.g., by complicating production
scheduling or preventing identification of responsibility for end item
failure caused by a defective component)?
(7) Can breakout be accomplished without jeopardizing delivery
requirements of the end item?
(8) If a decision is made to breakout a component, can advance
acquisition funds be made available to provide the new source any
necessary additional lead time?
(9) Is there a source other than the present manufacturer capable of
supplying the component?
(10) Has the component been (or is it going to be) acquired directly
by the Government as a support item in the supply system or as
Government-furnished equipment in other end items?
(11) Will the financial risks and other responsibilities assumed by
the Government after breakout be acceptable?
(12) Will breakout result in substantial net cost savings? Develop
estimates of probable savings in cost considering all offsetting costs
such as increases in the cost of requirements determination and control,
contracting, contract administration, data package purchase, material
inspection, qualification or preproduction testing, ground support and
test equipment, transportation, security, storage, distribution, and
technical support.
(d) If answers to the questions reveal conditions unfavorable to
breakout, the program manager should explore whether the unfavorable
conditions can be eliminated. For example, where adequate technical
support is not available from Government resources, consider contracting
for the necessary services from the end item contractor or other
qualified source.
D-105 Records.
(a) The contracting activity shall maintain records on components
reviewed for breakout. Records should evidence whether the components
--
(1) Have no potential for breakout;
(2) Have been earmarked as potential breakout candidates;
(3) Have been, or will be, broken out.
(b) The program manager or other designated official must sign the
records.
(c) Records must reflect the facts and conditions of the case,
including any assessment by the contractor, and the basis for the
decision. The records must contain the assessments, calculations, and
analyses discussed in D-104, including the trade-off analysis between
savings and increased risk to the Government because of responsibility
for Government-furnished equipment.
D-100 Scope.
(a) This appendix provides policy and procedures for breaking out
components of end items for future acquisitions so that the Government
can purchase the components directly from the manufacturer or supplier
and furnish them to the end item manufacturer as Government-furnished
material.
(b) This appendix does not apply to --
(1) The initial decisions on Government-furnished
equipment/contractor-furnished equipment that are made at the inception
of an acquisition program; or
(2) Breakout of parts for replenishment (see Appendix E).
D-101 Definition.
Component, as used in this appendix, includes subsystems, assemblies,
subassemblies, and other major elements of an end item; it does not
include elements of relatively small annual acquisition value.
D-102 Policy.
DoD policy is to breakout components of weapons systems or other
major end items under certain circumstances.
(a) When it is anticipated that a prime contract will be awarded
without adequate price competition, and the prime contractor is expected
to acquire any component without adequate price competition, breakout
that component if --
(1) Substantial net cost savings probably will be achieved; and
(2) Breakout action will not jeopardize the quality, reliability,
performance, or timely delivery of the end item.
(b) Even when either or both the prime contract and the component
will be acquired with adequate price competition, consider breakout of
the component if substantial net cost savings will result from --
(1) Greater quantity acquisitions; or
(2) Such factors as improved logistics support (through reduction in
varieties of spare parts) and economies in operations and training
(through standardization of design).
(c) Breakout normally is not justified for a component that is not
expected to exceed $1 million for the current year's requirement.
D-103 Responsibility.
(a) Agencies are responsible for ensuring that --
(1) Breakout reviews are performed on components meeting the criteria
in D-102(a) and (b);
(2) Components susceptible to breakout are earmarked for
consideration in future acquisitions;
(3) Components earmarked for breakout are considered during
requirements determination and appropriate decisions are made; and
(4) Components are broken out when required.
(b) The program manager or other official responsible for the
material program concerned is responsible for breakout selection,
review, and decision.
(c) The contracting officer or buyer and other specialists (e.g.,
small business specialist, engineering, production, logistics, and
maintenance) support the program manager in implementing the breakout
program.
D-104 Procedures.
(a) A breakout review and decision includes --
(1) An assessment of the potential risks to the end item from
possibilities such as delayed delivery and reduced reliability of the
component;
(2) A calculation of estimated net cost savings (i.e., estimated
acquisition savings less any offsetting costs); and
(3) An analysis of the technical, operational, logistics, and
administrative factors involved.
(b) The decision must be supported by adequate explanatory
information, including an assessment by the end item contractor when
feasible.
(c) The following questions should be used in the decision process --
(1) Is the end item contractor likely to do further design or
engineering effort on the component?
(2) Is a suitable data package available with rights to use it for
Government acquisition? (Note that breakout may be warranted even
though competitive acquisition is not possible.)
(3) Can any quality control and reliability problems of the component
be resolved without requiring effort by the end item contractor?
(4) Will the component require further technical support (e.g.,
development of specifications, testing requirements, or quality
assurance requirements)? If so, does the Government have the resources
(manpower, technical competence, facilities, etc.) to provide such
support? Or, can the support be obtained from the end item contractor
(even though the component is broken out) or other source?
(5) Will breakout impair logistics support (e.g., by jeopardizing
standardization of components)?
(6) Will breakout unduly fragment administration, management, or
performance of the end item contract (e.g., by complicating production
scheduling or preventing identification of responsibility for end item
failure caused by a defective component)?
(7) Can breakout be accomplished without jeopardizing delivery
requirements of the end item?
(8) If a decision is made to breakout a component, can advance
acquisition funds be made available to provide the new source any
necessary additional lead time?
(9) Is there a source other than the present manufacturer capable of
supplying the component?
(10) Has the component been (or is it going to be) acquired directly
by the Government as a support item in the supply system or as
Government-furnished equipment in other end items?
(11) Will the financial risks and other responsibilities assumed by
the Government after breakout be acceptable?
(12) Will breakout result in substantial net cost savings? Develop
estimates of probable savings in cost considering all offsetting costs
such as increases in the cost of requirements determination and control,
contracting, contract administration, data package purchase, material
inspection, qualification or preproduction testing, ground support and
test equipment, transportation, security, storage, distribution, and
technical support.
(d) If answers to the questions reveal conditions unfavorable to
breakout, the program manager should explore whether the unfavorable
conditions can be eliminated. For example, where adequate technical
support is not available from Government resources, consider contracting
for the necessary services from the end item contractor or other
qualified source.
D-105 Records.
(a) The contracting activity shall maintain records on components
reviewed for breakout. Records should evidence whether the components
--
(1) Have no potential for breakout;
(2) Have been earmarked as potential breakout candidates;
(3) Have been, or will be, broken out.
(b) The program manager or other designated official must sign the
records.
(c) Records must reflect the facts and conditions of the case,
including any assessment by the contractor, and the basis for the
decision.
(56 FR 36594, July 31, 1991, as amended at 57 FR 42634, Sept. 15,
1992)
48 CFR 253.215-70 Ch. II, App. E
48 CFR 253.215-70 Appendix E -- DOD Spare Parts Breakout Program
Sec.
E-100 Scope
E-101 Applicability
E-102 General
E-103 Definitions
E-103.1 Acquisition Method Code (AMC)
E-103.2 Acquisition Method Code Conference
E-103.3 Acquisition Method Suffix Code (AMSC)
E-103.4 Actual Manufacturer
E-103.5 Altered Item Drawing
E-103.6 Annual Buy Quantity
E-103.7 Annual Buy Value (ABV)
E-103.8 Bailment
E-103.9 Breakout
E-103.10 Competition
E-103.11 Contractor Technical Information Code (CTIC)
E-103.12 Design Control Activity
E-103.13 Direct Purchase
E-103.14 Engineering Drawings
E-103.15 Extended Dollar Value
E-103.16 Full and Open Competition
E-103.17 Full Screening
E-103.18 Immediate (Live) Buy
E-103.19 Life Cycle Buy Value
E-103.20 Limited Competition
E-103.21 Limited Screening
E-103.22 Manufacture
E-103.23 Prime Contractor
E-103.24 Provisioning
E-103.25 Qualification
E-103.26 Replenishment Part
E-103.27 Reverse Engineering
E-103.28 Selected Item Drawing
E-103.29 Source
E-103.30 Source Approval
E-103.31 Source Control Drawing
E-103.32 Technical Data
E-104 General Policies
E-105 Responsibilities
E-200 Scope
E-201 Coding
E-201.1 Acquisition Method Codes
E-201.2 Acquisition Method Suffix Codes
E-201.3 Contractor Technical Information Codes
E-202 Assignment of Codes
E-203 Improving Part Status
E-204 Communication of Codes
E-204.1 Communication Media
E-204.2 Responsibilities
E-300 General
E-301 Identification and Selection Procedures
E-301.1 Parts Entering the Inventory
E-301.2 Annual Buy Forecasts
E-301.3 Immediate Buy Requirements
E-301.4 Suspect AMC/AMSC
E-302 Screening
E-303 Full Screening Procedures
E-303.1 Data Collection Phase (Step 1)
E-303.2 Data Evaluation Phase (Steps 2-14)
E-303.3 Data Completion Phase (Steps 15-21)
E-303.4 Technical Evaluation Phase (Steps 22-37)
E-303.5 Economic Evaluation Phase (Steps 38-56)
E-303.6 Supply Feedback Phase (Steps 57-65)
E-304 Limited Screening Procedures
E-400 General
E-401 Contractor's Technical Evaluation Procedures
E-500 General
E-501 Reports
E-502 Reporting Procedures
E-503 Reporting Instructions
Exhibit I Valid AMC/AMSC Combinations
Exhibit II Full Screening Decision Process Summary Flow Charts
Exhibit III Limited Screening Decision Process Summary Flow Charts
Exhibit IV Spare Parts Breakout Screening Report
Exhibit V Spare Parts Acquisition Report
Authority: 5 U.S.C. 301, 10 U.S.C. 2202, DoD Directive 5000.35, FAR
subpart 1.3.
E-100 Scope.
This appendix established the DoD Spare Parts Breakout Program and
provides uniform policies and procedures for management and conduct of
the program within and between the departments and agencies.
E-101 Applicability.
(a) This appendix applies to --
(1) Any centrally managed replenishment or provisioned part
(hereinafter referred to as ''part'') for military systems and
equipment; and
(2) All DoD personnel involved with design control, acquisition, and
management of such parts including, but not limited to,
project/program/system managers, technical personnel, contracting
officers, legal counsel, inventory managers, inspectors, and small
business specialists and technical advisors.
(b) This appendix does not apply to --
(1) Component breakout (see Appendix D);
(2) Foreign military sale peculiar items;
(3) Insurance items (e.g., one-time buy);
(4) Obsolete items;
(5) Phase out items (e.g., life of type buy);
(6) Items with annual buy values below the thresholds developed by
DoD components or field activities;
(7) Parts being acquired under other specifically defined initial
support programs; or
(8) Parts acquired through local purchase.
E-102 General.
(a) Significant resources are dedicated to the acquisition and
management of parts for military systems and equipment. The ability to
competitively buy spares must be considered early in a weapon system
acquisition. Initially, repairable or consumable parts are identified
and acquired through a provisioning process; repairable or consumable
parts acquired thereafter are for replenishment.
(b) The objective of the DoD Spare Parts Breakout Program is to
reduce costs through the use of competitive procurement methods, or the
purchase of parts directly from the actual manufacturer rather than the
prime contractor, while maintaining the integrity of the systems and
equipment in which the parts are to be used. The program is based on
the application of sound management and engineering judgement in --
(1) Determining the feasibility of acquiring parts by competitive
procedures or direct purchase from actual manufacturers; and
(2) Overcoming or removing constraints to breakout identified through
the screening process (technical review) described in E-302.
(c) This Appendix sets forth procedures to screen and code parts in
order to provide contracting officers summary information regarding
technical data and sources of supply to meet the Government's minimum
requirements. This information assists the contracting officer in
selecting the method of contracting, identifying sources of supply, and
making other decisions in the preaward and award phases, with
consideration for established parameters of system and equipment
integrity, readiness, and the opportunities to competitively acquire
parts (see FAR/DFARS Part 6). The identification of sources for parts,
for example, requires knowledge of manufacturing sources, additional
operations performed after manufacture of parts possessing safety or
other critical characteristics, and the availability of technical data.
(d) The result of the screening process (technical review is
indicated by an acquisition method code (AMC) and an acquisition method
suffix code (AMSC). This program provides procedures for both the
initial assignment of an AMC and an AMSC to a part, and for the
recurring review of these codes (see E-202 and E-203(b)(1)).
E-103 Definitions.
E-103.1 Acquisition method code (AMC).
A single digit numeric code, assigned by a DoD activity, to describe
to the contracting officer and other Government personnel the results of
a technical review of a part and its suitability for breakout.
E-103.2 Acquisition method code conference.
A conference which is generally held at the contractor's facility for
the purpose of reviewing contractor technical information codes (CTICs)
and corresponding substantiating data for breakout.
E-103.3 Acquisition method suffix code (AMSC).
A single digit alpha code, assigned by a DoD activity, which provides
the contracting officer and other Government personnel with engineering,
manufacturing, and technical information.
E-103.4 Actual manufacturer.
An individual, activity, or organization that performs the physical
fabrication processes that produce the deliverable part or other items
of supply for the Government. The actual manufacturer must produce the
part in-house. The actual manufacturer may or may not be the design
control activity.
E-103.5 Altered item drawing.
See current version of DoD STD-100, paragraphs 201.4.4 and 703.
E-103.6 Annual buy quantity.
The forecast quantity of a part required for the next 12 months.
E-103.7 Annual buy value (ABV).
The annual buy quantity of a part multiplied by its unit price.
E-103.8 Bailment.
The process whereby a part is loaned to a recipient with the
agreement that the part will be returned at an appointed time. The
government retains legal title to such material even though the
borrowing organization has possession during the stated period.
E-103.9 Breakout.
The improvement of the acquisition status of a part resulting from a
technical review and a deliberate management decision. Examples are --
(a) The competitive acquisition of a part previously purchased
noncompetitively; and
(b) The direct purchase of a part previously purchased from a prime
contractor who is not the actual manufacturer of the part.
E-103.10 Competition.
A contract action where two or more responsible sources, acting
independently, can be solicited to satisfy the Government's requirement.
E-103.11 Contractor technical information code (CTIC).
A two digit alpha code assigned to a part by a prime contractor to
furnish specific information regarding the engineering, manufacturing,
and technical aspects of that part.
E-103.12 Design control activity.
A contractor or Government activity having responsibility for the
design of a given part, and for the preparation and currency of
engineering drawings and other technical data for that part. The design
control activity may or may not be the actual manufacturer. The design
control activity is synonymous with design activity as used by DoD
STD-100.
E-103.13 Direct purchase.
The acquisition of a part from the actual manufacturer, including a
prime contractor who is an actual manufacturer of the part.
E-103.14 Engineering drawings.
See current versions of DoD STD-100 and DoDD 1000.
E-103.15 Extended dollar value.
The contract unit price of a part multiplied by the quantity
purchased.
E-103.16 Full and open competition.
A contract action where all responsible sources are permitted to
compete.
E-103.17 Full screening.
A detailed parts breakout process, including data collection, data
evaluation, data completion, technical evaluation, economic evaluation,
and supply feedback, used to determine if parts can be purchased
directly from the actual manufacturer(s) or can be competed.
E-103.18 Immediate (live) buy.
A buy which must be executed as soon as possible to prevent
unacceptable equipment readiness reduction, unacceptable disruption in
operational capability, and increased safety risks, or to avoid other
costs.
E-103.19 Life cycle buy value.
The total dollar value of all acquisitions that are estimated to
occur over a part's remaining life cycle.
E-103.20 Limited competition.
A competitive contract action where the provisions of full and open
competition do not exist.
E-103.21 Limited screening.
A parts breakout process covering only selected points of data and
technical evaluations, and should only be used to support immediate buy
requirements (see E-301.3).
E-103.22 Manufacture.
The physical fabrication process that produces a part, or other item
of supply. The physical fabrication processes include, but are not
limited to machining, welding, soldering, brazing, heat treating,
braking, riveting, pressing, chemical treatment, etc.
E-103.23 Prime contractor.
A contractor having responsibility for design control and/or delivery
of a system/equipment such as aircraft, engines, ships, tanks, vehicles,
guns and missiles, ground communications and electronics systems, and
test equipment.
E-103.24 Provisioning.
The process of determining and acquiring the range and quantity
(depth) of spare and repair parts, and support and test equipment
required to operate and maintain an end item of materiel for an initial
period of service.
E-103.25 Qualification.
Any action (contractual or precontractual) that results in approval
for a firm to supply items to the Government without further testing
beyond quality assurance demonstrations incident to acceptance of an
item. When prequalification is required, the Government must have a
justification on file --
(a) Stating the need for qualification and why it must be done prior
to award;
(b) Estimating likely cost of qualification; and
(c) Specifying all qualification requirements.
E-103.26 Replenishment part.
A part, repairable or consumable, purchased after provisioning of
that part, for: replacement; replenishment of stock; or use in the
maintenance, overhaul, and repair of equipment such as aircraft,
engines, ships, tanks, vehicles, guns and missiles, ground
communications and electronic systems, ground support, and test
equipment. As used in this appendix, except when distinction is
necessary, the term ''part'' includes subassemblies, components, and
subsystems as defined by the current version of MIL-STD-280.
E-103.27 Reverse engineering.
A process by which parts are examined and analyzed to determine how
they were manufactured, for the purpose of developing a complete
technical data package. The normal, expected result of reverse
engineering is the creation of a technical data package suitable for
manufacture of an item by new sources.
E-103.28 Selected item drawing.
See current version of DoD-STD-100, paragraph 201.4.5.
E-103.29 Source.
Any commercial or noncommercial organization which can supply a
specified part. For coding purposes, sources include actual
manufacturers, prime contractors, vendors, dealers, surplus dealers,
distributors, and other firms.
E-103.30 Source approval.
The Government review that must be completed before contract award.
E-103.31 Source control drawing.
See the current version of DoD-STD-100, paragraph 201.4.3.
E-103.32 Technical data.
Specifications, plans, drawings, standards, purchase descriptions,
and such other data to describe the Government's requirements for
acquisition.
E-104 General policies.
(a) The identification, selection, and screening of parts for
breakout shall be made as early as possible to determine the technical
and economic considerations of the opportunities for breakout to
competition or direct purchase. Full and open competition is the
preferred result of breakout screening.
(b) A part shall be made a candidate for breakout screening based on
its cost effectiveness for breakout. Resources should be assigned and
priority given to those parts with the greatest expected return given
their annual buy value, life cycle buy value, and likelihood of
successful breakout, given technical characteristics such as design and
performance stability. Consideration of all such factors is necessary
to ensure the maximum return on investment in a given breakout program.
Occasionally, an item will not meet strict economic considerations for
breakout, but action may be required due to other considerations to
avoid overpricing situations. Accordingly, there is no minimum DoD
threshold for breakout screening actions. DoD components and field
activities will develop annual buy thresholds for breakout screening
which are consistent with economic considerations and resources. Every
effort should be made to complete the full screening of parts that are
expected to be subsequently replenished as they enter the inventory.
(c) Breakout improvement efforts shall continue through the life
cycle of a part to improve its breakout status (see E-203) or until such
time as the part is coded 1G, 2G, 1K, 2K, 1M, 2M, 1N, 2N, 1T, 2T, 1Z, or
2Z.
(d) No firm shall be denied the opportunity to demonstrate its
ability to furnish a part which meets the Government's needs, without
regard to a part's annual buy value, where a restrictive AMC/AMSC is
assigned (see FAR 9.202). A firm must clearly demonstrate, normally at
its own expense, that it can satisfy the Government's requirements. The
Government shall make a vigorous effort to expedite its evaluation of
such demonstration and to furnish a decision to the demonstrating firm
within a reasonable period of time. If a resolution cannot be made
within 60 days, the offeror must be advised of the status of the request
and be provided with a good faith estimate of the date the evaluation
will be completed. Every reasonable effort shall be made to complete
the review before a subsequent acquisition is made. Also, restrictive
codes and low annual buy value do not preclude consideration of a
surplus dealer or other nonmanufacturing source when the part offered
was manufactured by an approved source (see FAR 10.010). A potential
surplus dealer or other nonmanufacturing source must provide the
Government with all the necessary evidence which proves the proposed
part meets the Government's requirements.
(e) The experience and knowledge accrued by contractors in the
development, design, manufacture and test of equipment may enhance the
breakout decision making process. DoD activities may obtain technical
information from contractors when it is considered requisite to an
informed coding decision. The procedure for contracting for this
information is provided in Part 4 of this appendix. Contractor's
technical information will be designated by CTICs. Only DoD activities
shall assign AMCs and AMSCs.
(f) DoD activities with breakout screening responsibilities shall
develop, document, and advertise programs which promote the development
of qualified sources for parts that are currently being purchased sole
source. These programs should provide fair and reasonable technical
assistance (engineering or other technical data, parts on bailment,
etc.) to contractors who prove they have potential for becoming a
qualified second source for an item. These programs should also provide
specially tailored incentives to successful firms so as to stimulate
their investment in becoming qualified, e.g., Government furnished
equipment (GFE) or Government furnished material (GFM) for reverse
engineering and technical data package review and assistance.
(g) Departments and agencies shall identify the engineering support
activity, design control activity, actual manufacturer, and prime
contractor for each part such that the information is readily available
to breakout and acquisition personnel.
E-105 Responsibilities.
(a) The Assistant Secretary of Defense (Production and Logistics) has
authority for direction and management of the DoD Spare Parts Breakout
Program, including the establishment and maintenance of implementing
regulations.
(b) Departments and agencies shall perform audits to ensure that
their respective activities comply with the provisions of this program.
(c) Commanders of DoD activities with breakout screening
responsibility shall --
(1) Implement a breakout program consistent with the requirements of
this appendix.
(2) Assist in the identification and acquisition of necessary data
rights and technical data, and the review of restrictive legends on
technical data, during system/equipment development and production to
allow, when feasible, breakout of parts.
(3) Designate a program manager to serve as the central focal point,
communicate breakout policy, ensure cost effectiveness of screening
actions and breakout program, provide assistance in implementing
breakout screening, monitor ongoing breakout efforts and achievements,
and provide surveillance over implementation of this appendix. The
program manager shall report only to the Commander, or deputy, of the
activity with breakout screening responsibility.
(4) Ensure that actions to remove impediments to breakout are
continued so long as it is cost effective, or until no further breakout
improvements can be made.
(5) Invite the activity's small business specialist and the resident
small business administration's procurement center representative (PCR),
if any, to participate in all acquisition method coding conferences at
Government and contractor locations.
(6) Ensure timely engineering and technical support to other breakout
activities regardless of location.
(i) In the case of parts where contracting or inventory management
responsibility has been transferred, support shall include --
(A) Assignment of an AMC/AMSC prior to the transfer;
(B) Assignment of an AMC/AMSC when requested by the receiving
activity to parts transferred without such codes. The requesting
activity may recommend an AMC/AMSC; and
(C) Full support of the receiving activities' breakout effort by
providing timely engineering support in revising existing AMC/AMSCs.
(ii) In all cases, support shall include, but not be limited to,
furnishing all necessary technical data and other information (such as
code suspense date and procurement history) to permit acquisition in
accordance with the assigned AMC/AMSC (see E-105(d)(6)).
(7) Ensure that appropriate surveillance is given to first time
breakout parts.
(d) Breakout program managers shall be responsible for --
(1) Initiating the breakout process during the early phases of
development and continue the process during the life of the part;
(2) Considering the need for contractor technical information codes
(CTICs) and, when needed, initiating a contract data requirement;
(3) Identifying, selecting, and screening in accordance with Part 3
of this appendix;
(4) Assigning an AMC/AMSC, using all available data, including CTICs;
(5) Responding promptly to a request for evaluation of additional
sources or a review of assigned codes. An evaluation not completed
prior to an immediate buy shall be promptly completed for future buys;
and
(6) Documenting all assignments and changes, to include rationale for
assigning the chosen code, in a permanent file for each part. As a
minimum, the file should identify the engineering support activity,
cognizant design control activity, actual manufacturer, prime
contractor, known sources of supply, and any other information needed to
support AMC/AMSC assignments.
(e) Contracting officers responsible for the acquisition of
replenishment parts shall --
(1) Consider the AMC/AMSC when developing the method of contracting,
the list of sources to be solicited, the type of contract, etc.; and
(2) Provide information which is inconsistent with the assigned
AMC/AMSC (e.g., availability of technical data or possible sources) to
the activity responsible for code assignment with a request for timely
evaluation of the additional information. An urgent immediate buy need
not be delayed if an evaluation of the additional information cannot be
completed in time to meet the required delivery date.
E-200 Scope.
This part provides parts breakout codes and prescribes
responsibilities for their assignment and management.
E-201 Coding.
Three types of codes are used in the breakout program.
E-201.1 Acquisition method codes.
The following codes shall be assigned by DoD activities to describe
the results of the spare parts breakout screening:
(a) AMC 0. The part was not assigned AMC 1 through 5 when it entered
the inventory, nor has it ever completed screening. Use of this code is
sometimes necessary but discouraged. Maximum effort to determine the
applicability of an alternate AMC is the objective. This code will
never be used to recode a part that already has AMC 1 through 5
assigned, and shall never be assigned as a result of breakout screening.
Maximum effort to determine the applicability of AMC 1 through 5 is the
objective.
(b) AMC 1. Suitable for competitive acquisition for the second or
subsequent time.
(c) AMC 2. Suitable for competitive acquisition for the first time.
(d) AMC 3. Acquire, for the second or subsequent time, directly from
the actual manufacturer.
(e) AMC 4. Acquire, for the first time, directly from the actual
manufacturer.
(f) AMC 5. Acquire directly from a sole source contractor which is
not the actual manufacturer.
E-201.2 Acquisition method suffix codes.
The following codes shall be assigned by DoD activities to further
describe the acquisition method code. Valid combinations of AMCs/AMSCs
are indicated in paragraphs (a) through (z) of this subsection and
summarized in Exhibit I.
(a) AMSC A. The Government's right to use data in its possession is
questionable. This code is only applicable to parts under immediate buy
requirements and for as long thereafter as rights to data are still
under review for resolution and appropriate coding. This code is
assigned only at the conclusion of limited screening, and it remains
assigned until the full screening process resolves the Government's
rights to use data and results in assignment of a different AMSC. If
one source is available, AMCs 3, 4, or 5 are valid. If at least two
sources exist, or if the data is adequate for an alternate source to
qualify in accordance with the design control activity's procedures,
AMCs 1 or 2 are valid.
(b) AMSC B. This part must be acquired from a manufacturing
source(s) specified on a source control or selected item drawing as
defined by the current version of DoD-STD-100. Suitable technical data,
Government data rights, or manufacturing knowledge are not available to
permit acquisition from other sources, nor qualification testing of
another part, nor use of a second source part in the intended
application. Although, by DoD-STD-100 definition, altered and selected
items shall have an adequate technical data package, data review
discloses that required data or data rights are not in Government
possession and cannot be economically obtained. If one source is
available, AMCs 3, 4, or 5 are valid. If at least two sources exist,
AMCs 1 or 2 are valid.
(c) AMSC C. This part requires engineering source approval by the
design control activity in order to maintain the quality of the part.
Existing unique design capability, engineering skills, and manufacturing
knowledge by the qualified source(s) require acquisition of the part
from the approved source(s). The approved source(s) retain data rights,
manufacturing knowledge, or technical data that are not economically
available to the Government, and the data or knowledge is essential to
maintaining the quality of the part. An alternate source must qualify
in accordance with the design control activity's procedures, as approved
by the cognizant Government engineering activity. The qualification
procedures must be approved by the Government engineering activity
having jurisdiction over the part in the intended application. If one
source is approved, AMCs 3, 4, or 5 are valid. If at least two sources
are approved or if data is adequate for an alternate source to qualify
in accordance with the design control activity's procedures, AMCs 1 or 2
are valid.
(d) AMSC D. The data needed to acquire this part competitively is
not physically available, it cannot be obtained economically, nor is it
possible to draft adequate specifications or any other adequate,
economical description of the material for a competitive solicitation.
AMSC 3, 4, or 5 are valid.
(e) AMSC E. (Reserved).
(f) AMSC F. (Reserved).
(g) AMSC G. The Government has rights to the technical data, the
data package is complete, and there are no technical data, engineering,
tooling or manufacturing restrictions. (This is the only AMSC that
implies that parts are candidates for full and open competition. Other
AMSCs such as K, M, N, Q, and S may imply limited competition when two
or more independent sources exist yet the technical data package is
inadequate for full and open competition.) AMCs 1 or 2 are valid.
(h) AMSC H. The Government physically does not have in its
possession sufficient, accurate, or legible data to purchase this part
from other than the current source(s). This code is applicable only to
parts under immediate buy requirements and only for as long thereafter
as the deficiency is under review for resolution and appropriate
recoding. This code is only assigned at the conclusion of limited
screening, and it remains assigned until the full screening process
resolves physical data questions and results in assignment of a
different AMSC. If one source is available, AMCs 3, 4, or 5 are valid.
If at least two sources exist, AMCs 1 or 2 are valid.
(i) AMSC I. (Not authorized.)
(j) AMSC J. (Reserved.)
(k) AMSC K. This part must be produced from class 1 castings and
similar type forgings as approved (controlled) by procedures contained
in the current version of MIL-STD-2175. If one source has such castings
and cannot provide them to other sources, AMCs 3, 4, or 5 are valid. If
at least two sources have such castings or they can be provided to other
sources AMCs 1 or 2 or valid.
(l) AMSC L. The annual buy value of this part falls below the
screening threshold established by DoD components and field activities.
However, this part has been screened for additional known sources,
resulting in either confirmation that the initial source exists or that
other sources may supply the part. No additional screening was
performed to identify the competitive or noncompetitive conditions that
would result in assignment of a different AMSC. This code shall not be
used when screening parts entering the inventory. This code shall be
used only to replace AMSC O for parts under the established screening
threshold. If one source is available, AMCs 3, 4, or 5 are valid. If
at least two sources exist, AMCs 1 or 2 are valid.
(m) AMSC M. Manufacture of this part requires use of master or
coordinated tooling. If only one set of tooling exists and cannot be
made available to another source for manufacture of this part, AMCs 3,
4, or 5 are valid. When the availability of existent or refurbishable
tooling is available to two or more sources, then AMCs 1 or 2 are valid.
(n) AMSC N. Manufacture of this part requires special test and/or
inspection facilities to determine and maintain ultra-precision quality
for its function or system integrity. Substantiation and inspection of
the precision or quality cannot be accomplished without such specialized
test or inspection facilities. If the test cannot be made available for
the competitive manufacture of the part, the required test or inspection
knowledge cannot be documented for reliable replication, or the required
physical test or inspection facilities and processes cannot be
economically documented in a TDP, valid AMCs are 3, 4, or 5. If the
facilities or tests can be made available to two or more competitive
sources, AMCs 1 or 2 are valid.
(o) AMSC O. The part was not assigned an AMSC when it entered the
inventory, nor has it ever completed screening. Use of this code in
conjunction with AMC 0 is sometimes necessary but discouraged. Maximum
effort to determine the applicability of an alternate AMSC is the
objective. Only AMC O is valid.
(p) AMSC P. The rights to use the data needed to purchase this part
from additional source(s) are not owned by the Government and cannot be
purchased, developed, or otherwise obtained. It is uneconomical to
reverse engineer this part. This code is used in situations where the
Government has the data but does not own the rights to the data. If
only one source has the rights or data to manufacture this item, AMCs 3,
4, or 5 are valid. If two or more sources have the rights or data to
manufacture this item, AMCs 1 or 2 are valid.
(q) AMSC Q. The Government does not have adequate data, lacks rights
to data, or both needed to purchase this part from additional sources.
The Government has been unable to economically buy the data or rights to
the data, although the part has been undergoing full screening for 12 or
more months. Breakout to competition has not been achieved, but
current, continuing actions to obtain necessary rights to data or
adequate, reprocurement technical data indicate breakout to competition
is expected to be achieved. This part may be a candidate for reverse
engineering or other techniques to obtain technical data. All AMSC Q
items are required to be reviewed within the timeframes cited in
E-203(b). If one source is available, AMCs 3, 4, or 5 are valid. If at
least two sources exist, AMCs 1 or 2 are valid.
(r) AMSC R. The Government does not own the data or the rights to
the data needed to purchase this part from additional sources. It has
been determined to be uneconomical to buy the data or rights to the
data. It is uneconomical to reverse engineer the part. This code is
used when the Government did not initially purchase the data and/or
rights. If only one source has the rights or data to manufacture this
item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights
or data to manufacture this item, AMCs 1 or 2 are valid.
(s) AMSC S. Acquisition of this item is restricted to Government
approved source(s) because the production of this item involves
unclassified but militarily sensitive technology (see FAR 6.3). If one
source is approved, AMCs 3, 4, or 5 are valid. If at least two sources
are approved, AMCs 1 or 2 are valid.
(t) AMSC T. Acquisition of this part is controlled by qualified
products list (QPL) procedures. Competition for this part is limited to
sources which are listed on or are qualified for listing on the QPL at
the time of award (see FAR Part 9 and DFARS Part 209). AMCs 1 or 2 are
valid.
(u) AMSC U. The cost to the Government to breakout this part and
acquire it competitively has been determined to exceed the projected
savings over the life span of the part. If one source is available,
AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2
are valid.
(v) AMSC V. This part has been designated a high reliability part
under a formal reliability program. Probability of failure would be
unacceptable from the standpoint of safety of personnel and/or
equipment. The cognizant engineering activity has determined that data
to define and control reliability limits cannot be obtained nor is it
possible to draft adequate specifications for this purpose. If one
source is available, AMCs 3, 4, or 5 are valid. If at least two sources
are available, AMCs 1 or 2 are valid.
(w) AMSC W. (Reserved.)
(x) AMSC X. (Not authorized.)
(y) AMSC Y. The design of this part is unstable. Engineering,
manufacturing, or performance characteristics indicate that the required
design objectives have not been achieved. Major changes are
contemplated because the part has a low process yield or has
demonstrated marginal performance during tests or service use. These
changes will render the present part obsolete and unusable in its
present configuration. Limited acquisition from the present source is
anticipated pending configuration changes. If one source is available,
AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2
are valid.
(z) AMSC Z. This part is a commercial/nondevelopmental/off-the-shelf
item. Commercial item descriptions, commercial vendor catalog or price
lists or commercial manuals assigned a technical manual number apply.
If one source is available, AMCs 3, 4, or 5 are valid. If at least two
sources are available, AMCs 1 or 2 are valid.
E-201.3 Contractor technical information codes.
The following two digit alpha codes shall be used by contractors,
when contractor's assistance is requested. These codes are assigned in
accordance with the current version of MIL-STD-789 and shall be
considered during the initial assignment of an AMC/AMSC. For spare
parts breakout, requirements for contractor assistance through CTIC
submission shall be accomplished as stated in Part 4 of this appendix.
Each CTIC submitted by a contractor must be accompanied by supporting
documentation which justifies the proposed code. These codes and
supporting documentation, transmitted by DD Form 1418, Contractor
Technical Information Record, and DD Form 1418-1, Technical Data
Identification Checklist, are useful not only for code assignment during
acquisition coding conferences, but also for personnel conducting both
full and limited screening of breakout candidates. Personnel conducting
full and limited screening of breakout candidates should use the
supporting documentation provided with CTICs as a source of information.
However, they should not allow this information to substitute for
careful analysis and further investigation of the possibilities of
acquiring a part through competition or by direct purchase. The
definitions for CTICs are --
(a) CTIC CB. Source(s) are specified on source control, altered
item, or selected item drawings/documents. (The contractor shall
furnish a list of the sources with this code.)
(b) CTIC CC. Requires engineering source approval by the design
control activity in order to maintain the quality of the part. An
alternate source must qualify in accordance with the design control
activity's procedures, as approved by the cognizant Government
engineering activity.
(c) CTIC CG. There are no technical restrictions to competition.
(d) CTIC CK. Produced from class 1 castings (see the current version
of MIL-STD-2175) and similar type forgings. The process of developing
and proving the acceptability of high-integrity castings and forgings
requires repetitive performance by a controlled source. Each casting or
forging must be produced along identical lines to those which resulted
in initial acceptability of the part. (The contractor shall furnish a
list of known sources for obtaining castings/forgings with this code.)
(e) CTIC CM. Master or coordinated tooling is required to produce
this part. This tooling is not owned by the Government or, where owned,
cannot be made available to other sources. (The contractor shall
furnish a list of the firms possessing the master or coordinated tooling
with this code.)
(f) CTIC CN. Requires special test and/or inspection facilities to
determine and maintain ultra-precision quality for function or system
integrity. Substantiation and inspection of the precision or quality
cannot be accomplished without such specialized test or inspection
facilities. Other sources in industry do not possess, nor would it be
economically feasible for them to acquire facilities. (The contractor
shall furnish a list of the required facilities and their locations with
this code.)
(g) CTIC CP. The rights to use the data needed to purchase this part
from additional sources are not owned by the Government and cannot be
purchased.
(h) CTIC CV. A high reliability part under a formal reliability
program. Probability of failure would be unacceptable from the
standpoint of safety of personnel and/or equipment. The cognizant
engineering activity has determined that data to define and control
reliability limits cannot be obtained nor is it possible to draft
adequate specifications for this purpose. Continued control by the
existing source is necessary to ensure acceptable reliability. (The
contractor shall identify the existing source with this code.)
(i) CTIC CY. The design of this part is unstable. Engineering,
manufacturing, or performance characteristics indicate that the required
design objectives have not been achieved. Major changes are
contemplated because the part has a low process yield or has
demonstrated marginal performance during tests or service use. These
changes will render the present part obsolete and unusable in its
present configuration. Limited acquisition from the present source is
anticipated pending configuration changes. (The contractor shall
identify the existing source with this code.)
E-202 Assignment of codes.
The purpose of AMC/AMSC assignments is to provide the best possible
technical assessment of how a part can be acquired. The technical
assessment should not be based on issues such as: are the known sources
actual manufacturers, or are there two actual manufacturers in
existence; but rather on factors such as the availability of adequate
technical data, the Government's rights to use the data, technical
restrictions placed on the hardware (criticality, reliability, special
testing, master tooling, source approval, etc.) and the cost to breakout
vice projected savings. In cases where there is additional technical
information which affects the way a part can be acquired, it should be
made available to the contracting officer, with the AMC/AMSC.
Concerning the assignment of AMCs and AMSCs, it is DoD policy that --
(a) The assignment of AMC/AMSCs to parts is the responsibility of the
DoD component introducing the equipment or system for which the parts
are needed in the inventory. Subsequent screening is the responsibility
of the DoD component assigned technical responsibility.
(b) When two or more AMSCs apply, the most technically restrictive
code will be assigned.
(c) Restricted combinations of AMC/AMSCs are reflected in the AMSC
definitions. The Defense Logistics Service Center will reject invalid
code combinations, as shown in Exhibit I, submitted for entry into the
Federal catalog program (see E-204.2).
(d) One-time acquisition of a part by a method other than indicated
by the code does not require a change to the AMC (e.g., when only one of
a number of sources can meet a short delivery date, or when only one
manufacturing source is known but acceptable surplus parts are available
from other sources).
(e) After the first acquisition under AMC 2 or 4, the AMC shall be
recoded 1 or 3 respectively.
(f) Both full and limited screening will result in the assignment or
reassignment of an AMC/AMSC. This assignment shall be based on the best
technical judgment of breakout personnel and on information gathered
during the screening process.
(g) A part need not be coded as noncompetitive based on an initial
market survey which only uncovers one interested source. If the
Government has sufficient technical data in its possession to enable
other sources to manufacture an acceptable part, and there are no
technical restrictions on the part which would preclude other sources
from manufacturing it, the part should be coded competitive.
E-203 Improving part status.
(a) General. An effective breakout program requires that all
reasonable actions be taken to improve the acquisition status of parts.
The potential for improvement of the acquisition status will vary with
individual circumstances. On one end of the spectrum are those parts
with acquisition method suffix codes of a temporary nature requiring
vigorous follow-through improvement action (e.g., AMSCs A and H); on
the other end are those parts with codes suggesting a relative degree of
permanence (e.g., AMSCP). A code assigned to a part should never be
considered fixed with respect to either technical circumstance or time;
today's technical constraint may be overcome by tomorrow's technology
and a contractor's rights to data, so zealously protected today, often
become less important with time. The application of breakout
improvement effort must always consider individual circumstances and
overall benefits expected to be obtained.
(b) Code suspense dates. Every part whose breakout status can be
improved shall be suspensed for rescreening as appropriate. In general,
the following codes cannot be improved: 1G, 2G, 1K, 2K, 1M, 2M, 1N, 2N,
1T, 2T, 1Z, or 2Z. The period between suspenses is a period for which
an assigned AMC/AMSC is considered active, and routine rescreening of
parts with ''valid'' codes is not required. Suspense dates may vary
with the circumstance surrounding each part. A code reached as a result
of limited screening (E-304) shall not be assigned a suspense date
exceeding 12 months; a code reached as a result of full screening
(E-303) shall not be assigned a suspense date exceeding three years. In
exceptional cases, where circumstances indicate that no change can be
expected in a code over an extended period, a suspense date not
exceeding five years may be assigned in accordance with controls
established by the breakout activity. Items with a 1G or 2G code do not
require a suspense date.
E-204 Communication of codes.
E-204.1 Communication media.
Use the Federal catalog program formats, set forth in DoD Manual
4100.39-M, Defense Integrated Data System (DIDS) Procedural Manual,
communication media and operating instructions as augmented by this
appendix to disseminate AMCs and AMSCs.
E-204.2 Responsibilities.
(a) The Defense Logistics Service Center (DLSC) shall --
(1) Receive and disseminate AMCs and AMSCs for each national stock
number (NSN) to all appropriate Government activities in consonance with
scheduled Federal catalog program computer cycles;
(2) Make the AMCs and AMSCs a part of the data bank of NSN item
intelligence;
(3) Perpetuate the codes in all subsequent Federal catalog program
transactions; e.g., entry of new NSNs and Federal supply code (FSC)
changes; and
(4) Reject invalid code combinations submitted for entry into the
Federal catalog program.
(b) DoD activities responsible for the assignment of AMCs and AMSCs
shall --
(1) Transmit assigned codes for each NSN through normal cataloging
channels to DLSC under existing Federal catalog program procedures; and
(2) Notify DLSC by normal Federal catalog program maintenance
procedures when a change in coding is made.
E-300 General.
This part sets forth procedures for the identification, selection,
and screening of parts.
E-301 Identification and selection procedures.
E-301.1 Parts entering the inventory.
The breakout process should begin at the earliest possible stage of
weapon systems acquisition. Generally, a provisioned part will require
subsequent replenishment. Provisioning or similar lists of new parts
are, therefore, the appropriate bases for selecting parts for screening.
This is not to imply that breakout must be done on all items as part of
the provisioning process. Priorities shall be applied to those parts
offering the greatest opportunity for breakout and potential savings.
The major factors in making this determination are --
(a) The unit price;
(b) The projected quantity to be purchased over the part's life
cycle; and
(c) The potential for screening to result in a part being
successfully broken out, e.g., item stability, cost, and completeness of
technical data, etc.
E-301.2 Annual buy forecasts.
Annually, lists shall be prepared that identify all parts projected
for purchase during the subsequent 12-month period. Priority should be
given to those parts with the greatest expected return given their
annual buy value, life cycle buy value, and likelihood of successful
breakout, given technical characteristics such as design and performance
stability and the availability of technical data. Parts with an expired
suspense date or a suspense date which will expire during the forecast
period (see E-203(b)), need only be subjected to the necessary steps of
the full screening procedure (see E-303). Parts with a valid code that
will not expire during the forecast period need not be screened. Parts
coded 0O shall be selected for full screening.
E-301.3 Immediate buy requirements.
An immediate buy requirement will be identified by the user or the
item manager in consonance with department/agency regulations. When an
immediate buy requirement meeting the screening criteria (see E-104(b))
is generated for a part not assigned a current AMC/AMSC, the part shall
be promptly screened in accordance with either the full or limited
screening procedures (see E-303 and E-304).
E-301.4 Suspect AMC/AMSC.
Whenever an AMC/AMSC is suspected of being inaccurate by anyone,
including the contracting officer, a rescreening shall be conducted for
that part. Suspect codes include codes composed of invalid combinations
of AMCs and AMSCs, those which do not truly reflect how a part is
actually being acquired, and those suspected of being more restrictive
than necessary for the next buy.
E-302 Screening.
(a) Screening procedures include consideration and recording of the
relevant facts pertaining to breakout decisions. The objective of
screening is to improve the acquisition status by determining the
potential for competition, or purchase from an actual manufacturer.
Consideration of any reasonable approach to establishing competition
should be an integral part of the breakout process.
(b) Screening procedures may vary depending on circumstances related
to the parts. No set rules will provide complete guidance for making
acquisition method decisions under all conditions encountered in actual
practice. An informed coding decision can be made without following the
procedures step by step in every case.
(c) Activities involved in screening are encouraged to develop
supplemental procedures which prove effective in meeting this
regulation's objectives. These procedures should be tailored to the
particular activity's operating environment and the characteristics of
the parts for which it is responsible. Nevertheless, care should be
taken in all cases to assure that --
(1) Responsible judgment is applied to all elements involved in the
review of a part;
(2) The necessary supporting facts are produced, considered, and
recorded in the breakout screening file. The breakout screening file
contains technical data and other documents concerning screening of the
part;
(3) All cost effective alternatives are considered for establishing
competition, or purchase from an actual manufacturer (see E-105(d)(6));
and
(4) When possible, the sequence of the review allows for
accomplishing several screening steps concurrently.
(d) Contractor participation in the decision making process extends
only to providing technical information. This technical information is
provided by supporting documentation (DD Forms 1418, Contractor
Technical Information Record, and DD Form 1418-1, Technical Data
Identification Checklist) which includes the CTIC assignment.
Government personnel shall substantiate the breakout decision by
reference to the CTIC and by careful review of the supporting
documentation. However, the CTIC provides guidance only, and it should
be used as one of the inputs to arrive at an acceptable AMC and AMSC
coding.
(e) Contractor's technical information furnished in accordance with
MIL-STD-789 may indicate areas requiring additional research by the
Government before screening can be completed. Seldom will industry's
contribution to the screening process enable the Government to assign an
AMC or AMSC without additional review.
(f) During the screening process, it may be appropriate to
communicate with industry, particularly potential manufacturers of a
part, to determine the feasibility of establishing a competitive source
and to estimate the costs and technical risks involved.
(g) Coding conferences with industry shall be documented.
(h) Screening may disclose a part is not suitable for competitive
acquisition, but it may be possible to breakout the part for direct
purchase from the actual manufacturer or to establish a second source.
Parts particularly suited to direct purchase are those where neither the
design control activity nor the prime contractor contribute additional
value or whose data belong to the actual manufacturer and will not be
acquired by the Government, and where that manufacturer exercises total
responsibility for the part (design and quality control, testing, etc.),
and where additional operations performed by the prime contractor can be
performed by the actual manufacturer or by the Government.
(i) For each part that is screened, a file shall be established to
document and justify the decisions and results of all screening effort
(see E-105(d)(6)).
(j) Full and limited screening procedures are two elements of
breakout programs. Other spare parts initiatives to enhance breakout
are reverse engineering, bailment, data rights challenges, and
publication of intended buy lists. Integration of other initiatives
within the screening processes developed at each activity is encouraged.
E-303 Full screening procedures.
(a) Full screening procedures should be developed so that the
potential is fully evaluated for establishing competition or purchase
from an actual manufacturer. Also, full screening procedures should
facilitate accurate and consistent acquisition method code assignment.
It is expected that each activity will develop its own operational
screening procedures. A general model, full screening decision process
is provided below to support the development of activity level
procedures and to provide guidance regarding the general scope of these
procedures. The full screening procedures involve 65 steps in the
decision process, and are divided into the following phases --
(1) Data collection;
(2) Data evaluation;
(3) Data completion;
(4) Technical evaluation;
(5) Economic evaluation; and
(6) Supply feedback.
(b) The six phases describe different functions that must be achieved
during screening. The nature of the screening process does not permit
clear distinction of one phase from another. Further, the order of
performance of these phases may not correspond to the order listed here.
In fact, the phases will often overlap and may be performed
simultaneously. Their purpose is to identify the different functions
comprising the screening process.
(c) A summary flow chart of the decision steps is provided as Exhibit
II to assist in understanding the logical order of the full screening
steps for various conditions. Use of the flow chart in connection with
the text that follows is essential to fully understand the order of the
steps in the process.
E-303.1 Data collection phase (step 1).
(a) Assemble all available data and establish a file for each part.
Collect identification data, relevant data obtained from industry,
contracting and technical history data and current status of the part,
including --
(1) Normal identification required for cataloging and standardization
review;
(2) All known sources;
(3) Historical contracting information, including the more recent
awards, date of awards, and unit price(s) for the quantities prescribed;
(4) Identification of the actual manufacturer(s), the latest unit
price and the quantity on which the price is based. (When the actual
manufacturer is not the design control activity, the design control
activity may be consulted to ensure the latest version of the item is
being procured from the actual manufacturer);
(5) Identification of the activity, Government or industry, having
design control over the part and, if industry, the cognizant Government
engineering activity;
(6) The expected life in the military supply system;
(7) Record of any prior review for breakout, with results or
findings; and
(8) Annual demand.
(b) In the case of complex items requiring large numbers of drawings,
collection of a reasonable technical data sample is sufficient for the
initial technical data evaluation phase (steps 2-14).
E-303.2 Data evaluation phase (steps 2-14).
(a) Data evaluation is crucial to the whole review procedure. It
involves determination of the adequacy of the technical data package and
the Government's rights to use the data for acquisition purposes.
(b) The data evaluation process may be divided into two stages --
(1) A brief but intensive analysis of available data and documents
regarding both technical matters and data rights, leading to a decision
whether to proceed with screening; and
(2) If the decision is to proceed with screening, further work is
necessary to produce an adequate technical data package, such as
research of contract provisions, engineering work on data and drawings,
and requests to contractors for additional data.
(c) The steps in this phase are -- (1) Step 2. Are full Government
rights established by the available data package? Evidence for an
affirmative answer would include the identification of Government
drawings, incorporation by reference of Government specifications or
process descriptions in the public domain, or reference to contract
provisions giving the Government rights to data. If the answer is
negative, proceed to step 3; if positive, proceed to step 6.
(2) Step 3. Are the contractor's limitations of the Government's
rights to data established by the available data package?
(i) The questions in step 2 and 3 are not exclusive. The
incorporation in a drawing of contract provisions reserving rights to
the manufacturer, either in the whole design or in certain manufacturing
processes, would establish a clear affirmative answer to step 3 where
there is substantiating Government documentation. Parts not in this
group shall be retained for further processing (see step 20). Data
rights that cannot be substantiated shall be challenged (see DFARS Part
227, validation procedures).
(ii) In the case of clear contractor ownership of rights, proceed
with steps 4 and 5.
(3) Step 4. Are there bases for competitive acquisition without
using data subject to limitations on use? This question requires
consideration, for example, of the possibility of using performance
specifications or substitution of military or commercial specifications
or bulletins for limited elements of the manufacturing process. The use
of sample copies is another possibility.
(4) Step 5. Can the Government buy the necessary rights to data?
This is a preliminary question to the full analysis (in steps 20 and 21
below) and is designed primarily to eliminate from further consideration
those items which incorporate established data restrictions and for
which there are no other bases for competitive acquisition nor is
purchase of rights possible or feasible.
(5) Steps 6 and 7. Is the present technical data package adequate
for competitive acquisition of a reliable part?
(6) Steps 8 and 9. Specify omissions. The question in steps 6 and 7
requires a critical engineering evaluation and should deal first with
the physical completeness of the date -- are any essential dimensions,
tolerances, processes, finishes, material specifications, or other vital
elements of data lacking from the package? If so, these omissions
should be specified. A second element deals with adequacy of the
existing package to produce a part of the required performance,
compatibility, quality, and reliability. This will, of course, be
related to the completeness of data. In some cases, qualified
engineering judgment may decide that in spite of apparently complete
data, the high performance or other critical characteristics of the item
require retention of the present source. If such decision is made, the
file shall include documentation in the form of specific information,
such as difficulties experienced by the present manufacturer in
producing a satisfactory item or the existence of unique production
skills in the present source.
(7) Steps 10 and 11. Can the data be developed to make up a reliable
technical data package? This implies a survey of the specified
omissions with careful consideration to determine the resources
available to supply each missing element. Such resources will vary from
simple referencing of standard engineering publications to more complex
development of drawings with the alternatives of either obtaining such
drawings or developing performance specifications. In some cases,
certain elements of data are missing because they have been properly
restricted. If, however, there has been no advance substantiation of
the right to restrict, the part should be further researched. If the
answer to this question is negative, proceed to step 12; if positive,
proceed to step 13 or 14.
(8) Step 12. If the answer to the question in steps 10 and 11 is no,
which condition is the prime element in this decision, the lack of data
or the unreliability of the data? Specific documentation is needed to
support this decision.
(9) Steps 13 and 14. Estimate the time required to complete the data
package. In those cases where the data package is found inadequate and
specific additions need to be developed, an estimate of the time
required for completion must be made in order to determine if breakout
of the part is feasible during this review cycle and to estimate at what
point in the remaining life of the part the data package could be
available.
E-303.3 Data completion phase (steps 15-21).
(a) The data completion phase involves acquiring or developing the
missing elements of information to reach a determination on both
adequacy of the technical data package and the restriction of rights to
data. It may involve various functional responsibilities, such as
examination of past contracts, queries directed to industry or to other
Government agencies, inspection of the part, reverse or other
engineering work to develop drawings and write specifications,
arrangements with the present source for licensing or technical
assistance to new manufacturers, and negotiations for purchase of rights
to data. Additional research and information requests should be
expeditiously initiated on those parts where there is a reasonable
expectation of breakout. Because this phase is time-consuming, it
should take place concurrently with other phases of the review.
(b) At the beginning of the data completion phase, the part falls
into one of the following four steps --
(1) Step 15. The data package is complete and adequate and the
Government has sufficient rights for acquisition purposes. Such parts
require no further data analysis. Proceed to step 22.
(2) Step 16. The Government has rights to existing data. The data
package is incomplete but there is a reasonable expectation that the
missing elements can be supplied. Proceed to step 19.
(3) Step 17. The data package is complete, but suitable Government
rights to the data have not been established. Proceed to step 20.
(4) Step 18. Neither rights nor completeness of data is adequately
established; therefore, the part requires further research. Proceed to
step 20.
(c) Step 19. Obtain or develop the necessary data for a suitable
data package. Reverse engineering to develop acquisition data may be
used if there is a clear indication that the costs of reverse
engineering will be less than the savings anticipated from competitive
acquisition. If there is a choice between reverse engineering and the
purchase of data (step 21), the decision shall be made on the basis of
relative costs, quality, time, and other pertinent factors.
(d) Step 20. Establish the Government's and contractor's rights to
the data. Where drawings and data cannot be identified to a contract,
the following guidelines should be applied --
(1) Where drawings and data bear legends which warn of copyright or
patent rights, the effect of such legends shall be resolved according to
law and policy; however, the existence of patent or copyright
restrictions does not per se preclude securing competition with respect
to the parts described (see FAR Subpart 27.3/DFARS Subpart 227.3).
(2) If the technical data bears legends which limit the Government's
right to use the data for breakout and it is determined that reasonable
grounds exist to question the current validity of the restrictive
markings, the contracting officer will be notified to initiate the
validation procedures at DFARS Subpart 227.4.
(3) Where drawings and data are unmarked and, therefore, free of
limitation on their use, they shall be considered available for use in
acquisition, unless the acquiring office has clear evidence to the
contrary (see DFARS Subpart 227.4).
(4) The decision process in situations described in paragraphs (d)
(1), (2), and (3) of this subsection requires the exercise of sound
discretion and judgment and embraces legal considerations. In no case
shall a decision be made without review and approval of that decision by
legal counsel.
(5) If the validation procedures in paragraph (d)(2) of this
subsection establish the Government's right to use the data for
breakout, the Government shall attempt to obtain competition pursuant to
the decisions resulting from concurrent technical and economic
evaluation.
(e) Step 21. If restrictions on the use of data are established,
determine whether the Government can buy rights to the required data.
Use the procedure in DFARS Subpart 227.4.
E-303.4 Technical evaluation phase (steps 22-37).
(a) Introduction. (1) The purposes of technical evaluation are to
determine the development status, design stability, high performance,
and/or critical characteristics such as safety of personnel and
equipment; the reliability and effective operation of the system and
equipment in which the parts are to be used; and to exercise technical
judgment as to the feasibility of breaking out the parts. No simple and
universal rules apply to each determination. The application of
experience and responsible judgment is required. Technical
considerations arise in several elements of the decision process, e.g.,
in determining adequacy of the data package (steps 6-14).
(2) Certain manufacturing conditions may reduce the field of
potential sources. However, these conditions do not justify the
restriction of competition by the assignment of restrictive AMCs for the
following reasons --
(i) Parts produced from class 1 castings and similar type forgings.
The process of developing and providing the acceptability of
high-integrity castings and forgings requires repetitive performance by
a controlled source for each casting or forging along identical lines to
those which result in initial acceptability of the item. The particular
manufacturer's process becomes the controlling factor with regard to the
acceptability of any such item. However, other firms can produce class
1 castings and similar type forgings and provide the necessary
inspection, or the part may be acquired from other sources which use
castings or forgings from approved (controlled) source(s).
(ii) Parts produced from master or coordinated tooling, e.g.,
numerically controlled tapes. Such parts have features (contoured
surfaces, hole locations, etc.) delineated according to unique master
tooling or tapes and are manufactured to minimum/maximum limits and must
be replaceable without additional tailoring or fitting. These parts
cannot be manufactured or configured by a secondary pattern or jigs
independent of the master tooling and cannot be manufactured to
requisite tolerances of fit by use of commercial precision machinery.
In this context, jigs and fixtures used only for ease of production are
not considered master tooling. However, master tooling may be
reproduced.
(iii) Parts requiring special test and/or inspection facilities to
determine and maintain ultra-precision quality for the function or
system integrity. Substantiation and inspection of the precision or
quality cannot be accomplished without specialized test or inspection
facilities. Testing is often done by the actual manufacturer under
actual operating use. However, such special test inspection facilities
may be available at other firms.
(b) Design procedures (steps 22-31). (1) Step 22. Will a design
change occur during anticipated lead time? If affirmative, proceed to
step 23; if negative, proceed to step 24.
(2) Step 23. Specify the design change and assign an appropriate
code.
(3) Step 24. Is a satisfactory part now being produced?
Concurrently with the research and completion of data, a technical
determination is required as to the developmental status of the part.
With the frequent telescoping of the development/production cycle as
well as constant product improvement throughout the active life of
equipment, parts are frequently subject to design changes. The present
source, if a prime contractor, is usually committed to incorporate the
latest changes in any deliveries under a production order. In
considering the part for breakout, an assessment must be made of the
stability of design, so that in buying from a new source the Government
will not be purchasing an obsolete or incompatible part. The question
of obsolescence or noncompatibility is to some extent under Government
control. Screening for breakout on parts that are anticipated to
undergo design change should be deferred until design stability is
attained.
(4) Step 25. Can a satisfactory part be produced by a new source?
Determine whether technical reasons prohibit seeking a new source. The
fact that the present source has not yet been able to produce a
satisfactory part (step 24) does not preclude another source from being
successful. If the answer to step 24 or 25 is affirmative, proceed
simultaneously to steps 27 and 38. If the answer to step 25 is
negative, proceed to step 26.
(5) Step 26. If the present source is producing an unsatisfactory
part, but technical reasons prohibit seeking a new source, specify the
reasons.
(6) Step 27. Does the part require prior qualification or other
approval testing? If the answer is positive, proceed to step 28; if
negative, proceed to step 32.
(8) Step 28. Specify the requirement.
(9) Step 29. Estimate the time required to qualify a new source.
(10) Step 30. Is there currently a qualified source?
(11) Step 31. Who is responsible for qualifications of the
subcontractor, present prime contractor, the Government, or an
independent testing agency?
(i) If a qualified source is currently in existence, the review
should consider who will be responsible for qualification in the event
of competitive acquisition. If qualification testing is such that it
can be performed by the selected source under a preproduction or first
article clause in the contract, the costs of initial approval should be
reflected in the offers received. If the part requires initial
qualification tests by some other agency such as the present prime
contractor, the Government, an independent testing agent outside the
Government, or by technical facilities within the departments,
out-of-pocket costs may be incurred if the part is competed. An
estimate of qualification costs should then be made and recorded in such
cases.
(ii) Where facilities within the Government are not adequate for
testing or qualification, or outside agencies such as the equipment
contractor cannot or will not do the job, the economics of qualification
may be unreasonable, and a narrative statement of these facts should
replace the cost estimate. Whenever possible, such as in the case of
engine qualification tests, economy of combined qualification tests
should be considered.
(c) Quality assurance procedures (steps 32-33). Quality control and
inspection is a primary consideration when making a decision to
breakout. Where the prime contractor performs quality assurance
functions beyond those of the part manufacturer or other sources, the
Government may --
(1) Develop the same quality control and inspection capability in the
manufacturer's plant;
(2) Assume the responsibility for quality; or
(3) Undertake to obtain the quality assurance services from another
source, possibly the prime contractor.
(4) Step 32. Who is now responsible for quality control and
inspection of the part?
(5) Step 33. Can a new source be assigned responsibility for quality
control? Is the level of the quality assurance requirements specified
in the system contract necessary for the screened part? The minimum
quality assurance procedures for each part shall be confirmed.
(i) A new source shall be considered if --
(A) Any essential responsibility (e.g., burn-in, reliability,
maintainability) retained by the prime contractor for the part and its
relationship to the end item can be eliminated, shifted to the new
source, or assumed by the Government;
(B) The prime contractor will provide the needed quality assurance
services;
(C) The Government can obtain competent, impartial services to
perform quality assurance responsibility; or
(D) The new source can maintain an adequate quality assurance
program, inspection system, or inspection appropriate for the part.
(ii) If the prime contractor has responsibility for quality that a
new source cannot assume or obtain, or that the Government cannot
undertake or eliminate, consideration of the new source is precluded.
(d) Tooling procedures (steps 34-37). (1) Step 34. Is tooling or
other special equipment required?
(2) Step 35. Specify the type of tooling.
(3) Step 36. Estimate additional acquisition leadtime for setup and
for tooling.
(4) Step 37. Does the Government possess this tooling? If tooling
or special equipment is required for production of the part, the types
and quantities should be specified. Investigation can then be made as
to whether the Government possesses such tooling and can make it
available to a new source. A requirement for special tooling is not
necessarily a deterrent to competitive solicitation for parts. The
Government may find it desirable to purchase the needed tooling and
furnish it to the new source. In this case, the costs can be determined
with reasonable accuracy. However, if new sources can provide the
tooling or special equipment, this will be reflected in competitive
prices and should not normally require further analysis.
E-303.5 Economic evaluation phase (steps 38-56).
(a) Economic evaluation concerns identification and estimation of
breakout savings and direct cost offsets to breakout. The economic
evaluation phase is composed of the three segments detailed in
paragraphs (b) through (d) of this subsection.
(b) Development of savings data (steps 38-40). (1) Step 38.
Estimate remaining program life cycle buy value.
(2) Step 39. Apply either a savings factor of 25 percent or one
determined under local conditions and experience.
(3) Step 40. Multiply the remaining program life cycle buy value by
the savings factor to obtain the expected future savings, if the part is
coded for breakout.
(c) Computation of breakout costs (steps 41-47). Several groups of
costs must be collected, summarized and compared to estimated savings to
properly determine the economics of breakout. These costs include --
(1) Direct costs (steps 41-45). Direct costs of breakout normally
include all expenditures which are direct and wholly identifiable to a
specific, successful breakout action, and which are not reflected in the
part unit price. Examples of direct costs include Government tooling or
special test equipment, qualification testing, quality control expenses,
and industry participation costs (such as completion of the Contractor
Technical Information Data Record) if borne by the Government.
(i) Step 41. Estimate the cost to the Government for tooling or
special equipment.
(ii) Step 42. Estimate the cost, if any, to the Government for
qualifying the new source.
(iii) Step 43. Estimate the cost, if any, to the Government for
assuring quality control, or the cost of contracting for quality
control.
(iv) Step 44. Estimate the cost to the Government for purchasing
rights to data.
(v) Step 45. Add estimated total direct costs to the Government to
breakout the item.
(2) Performance specification costs (steps 46-47). (i) Step 46. Is
the breakout candidate constructed to a performance specification?
(ii) Step 47. If the answer is yes in step 46, add performance
specification breakout cost estimate elements to the result of step 45.
The addition of an unknown number of nonstocked parts which must be
stocked by the supply system for repairs is a significant element of
cost associated with the decision to compete a performance specification
assembly. (The same situation does not arise with respect to a design
specification assembly since virtually all spare parts used to repair
such an assembly are essentially identical to parts already in the
assembly.) The cost of introducing these nonstocked parts into the
system includes --
(A) Additional catalog costs. The number of nonstocked parts
forecasted to be in the competed assembly, multiplied by the variable
cost of cataloging per line item.
(B) Additional bin opening costs.
The number of nonstocked parts forecasted to be in the competed
assembly, multiplied by the variable cost of a bin opening at each of
the locations where the part is to be stocked.
(C) Additional management costs. The number of nonstocked parts
forecasted to be in the competed assembly, multiplied by the variable
cost of management per line item.
(D) Additional technical data costs. The cost of a new set of
technical data for the competed assembly, including the variable
expenses of its production, reproduction, and distribution.
(E) Additional repair tools and test equipment costs. The costs of
additional special tools and test equipment not otherwise required by
the existing assembly.
(F) Additional logistics support costs. The costs associated with
the new item such as spare and repair parts, technical manuals, and
training.
(d) Comparison of savings and costs (steps 48-56). Compare estimated
breakout costs to forecasted breakout savings. If costs exceed
estimated savings, it will be uneconomical to compete the part.
Performance specification parts should be analyzed to ensure that
pertinent breakout costs have been considered and, if it is not
economical to breakout the part, whether an appropriate detailed design
data package reduces costs sufficiently to make breakout economical.
(1) Step 48. Compare total costs of breakout (step 47) to estimated
savings (step 40).
(2) Step 49. Are costs of breakout greater or less than estimated
savings? If greater, proceed to step 50; if yes, proceed to step 51.
(3) Step 50. Is the breakout candidate constructed to a performance
specification? If no, proceed to step 54; if yes, proceed to step 57.
(4) Step 51. Is it appropriate to obtain a detailed design data
package? If yes, proceed to step 52; if no, proceed to step 54. The
decision to change a performance specification part to a detailed design
part obviously requires a critical engineering examination of the part
itself, as well as a review of the impact such a change might have on
the operational effectiveness of the system in which the equipment is to
be employed. Acquisition of a performance specification part by a
subsequently acquired design specification subjects the Government to
the additional hazard of losing the money paid for the development of
the design specification, should the design be altered during the
contracting leadtime period. Accordingly, the engineering evaluation
should closely review design stability over the anticipated contracting
leadtime in order to avoid acquiring an obsolete or nonstandard part if
the decision is made to compete it.
(5) Step 52. Add the estimated cost of obtaining a detailed design
data package to the results of step 45.
(6) Step 53. If the results of step 52 are less than the estimated
savings, initiate action to obtain a detailed design data package.
Proceed to step 54 to code the part for a period until it can be
rescreened using the design specification package. The code determined
in this screening shall be assigned a suspense date commensurate with
the leadtime required to obtain the detailed design data package (see
E-203(b)).
(7) Step 54. Is the part manufactured by the prime contractor? If
yes, code the part AMC 3; if no, proceed to step 55.
(8) Step 55. Can the part be acquired directly from the actual
manufacturer? If no, proceed to step 56; if yes, code the part AMC 3
or 4, as applicable.
(9) Step 56. Specify the reasons for inability to obtain the part
from the actual manufacturer. Code the part AMC 5.
E-303.6 Supply feedback phase (steps 57-65).
(a) The supply feedback phase of the analysis is the final screening
phase for breakout parts. This phase in completed for all AMC 2 parts
to determine if sufficient time is available to breakout on the
immediate buy and to communicate this information to the inventory
manager responsible for the requirement. First, all additional time
factors required to breakout the part are added. Total time is
subtracted from the immediate and future buy date and the result
compared to the current date. (Note: Not all time factors listed apply
to each part screened.) If the result is the same or earlier than the
required contract date, the part is coded competitive and action is
begun to qualify additional sources as necessary. If the result is
later than the required contract date, action to compete the immediate
buy quantity should be initiated if the inventory manager can find some
means of accepting later delivery. If this is impossible, the
appropriate records should be annotated for competitive acquisition of
the next replenishment buy quantity. If late delivery is acceptable,
the inventory manager should compute requirements for the part and
initiate an appropriate purchase requisition.
(b) Procedures. (1) Step 57. Add all additional time factors
required to breakout the part (steps 13, 14, 29, and 36).
(2) Step 58. Add the results of step 57 to the date of this review.
(3) Step 59. Compare the result of step 58 to the date that the
contract or order must be placed.
(4) Step 60. Is the result of step 59 earlier than, later than, or
the same as the contract or order date? (If earlier or the same,
proceed to step 61; if later, proceed to step 63.)
(5) Step 61. Can supply accept late delivery? If yes, proceed to
step 62; if no, proceed to step 63.
(6) Step 62. Notify the inventory manager to compute requirements
and initiate a purchase requisition. Proceed to step 64.
(7) Step 63. Code the part AMC 2. Insufficient time to compete on
this buy.
(8) Step 64. Code the part AMC 2.
(9) Step 65. Begin actions to qualify new sources, if required and
possible.
E-304 Limited screening procedures.
(a) Limited screening procedures are only appropriate when the full
screening process cannot be completed for a part in sufficient time to
support an immediate buy requirement. If limited screening does not
result in a competitive AMC and the part is characterized by a high buy
value and high buy quantity in the annual buy forecast, full screening
procedures shall be immediately initiated.
(b) Limited screening procedures cover only the essential points of
data and technical evaluations more completely described in full
screening procedures (see E-303). Extensive legal review of rights or
technical review of data is not required; nor is backup information on
type and extent of qualification testing, quality control procedures and
master tooling required. A summary flow chart of the limited screening
decision steps is provided at Exhibit III.
(c) The limited screening decision steps are followed sequentially if
the answer to the question in each step is affirmative. If any step is
answered in the negative, proceed directly to step 10.
(1) Step 1. Assemble all available data and establish a file for
each part. Collect identification data, relevant data obtained from
industry, contracting and technical history data and current status of
the part (see E-303.1).
(2) Step 2. Do the available documents establish Government rights
to use the data for acquisition purposes? If the Government's rights to
use data in its possession is questionable, resolution of the rights
must continue beyond award of the immediate buy.
(3) Step 3. Is the data package sufficient, accurate, and legible?
If the Government does not have in its possession sufficient, accurate,
or legible data, action shall be promptly initiated to resolve the
deficiency for the next buy.
(4) Step 4. Is the design of the part stable over the anticipated
acquisition leadtime?
(5) Step 5. Is a satisfactory part now being produced?
(6) Step 6. Can the part be acquired from a new source without prior
qualification testing or other approval testing?
(7) Step 7. Can the Government or a new source be responsible for
quality assurance?
(8) Step 8. Can the part be manufactured without master or
coordinated tooling or other special equipment; if no, is there more
than one source which has the tooling or special equipment?
(9) Step 9. Assign AMC 2. Proceed to step 11.
(10) Step 10. Assign AMC 3, 4, or 5, as appropriate.
(11) Step 11. Establish the date of the next review (see E-104(c)
and E-203(b)).
E-400 General.
(a) Contractor's assistance in screening shall be requested on
provisioned and replenishment parts after consideration of the benefit
expected from the contractor's technical information and the cost to the
Government of obtaining such assistance.
(b) Contractor's assistance shall not be requested for parts covered
by Government/industry specifications, commercially available parts or
parts for which data is already available.
(c) Arrangements entered into with contractor to obtain technical
information shall provide that --
(1) Contractors will exert their best effort to make impartial
technical evaluations using applicable technical data and the experience
of competent personnel; and
(2) No costs to the Government will be incurred for duplicate
screening of parts.
E-401 Contractor's technical evaluation procedures.
(a) Contractor's technical evaluation for the screening process shall
be required contractually by incorporating MIL-STD-789, which delineates
the contractor's responsibilities and procedures and prescribes use of
the contractor DD Form 1418, Technical Information Record, and the DD
Form 1418-1, Technical Data Identification Checklist, a copy of each
document listed on DD Form 1418-1, and other substantive data that was
used in developing the contractor's recommendations.
(b) When MIL-STD-789 is incorporated in a contract, the DD Form 1423,
Contract Data Requirements List, shall specify the requirement for the
submission of DD Form 1418, Technical Information Record, and DD Form
1418-1, Technical Data Identification Checklist, in accordance with
MIL-STD-789.
E-500 General.
This part prescribes reports regarding the breakout program which
cannot be obtained from other sources. These reports are used to
evaluate the effectiveness of breakout programs, establish a baseline
for all spare part acquisitions, and identify trends in spare parts
acquisition.
E-501 Reports.
(a) Spare Parts Breakout Screening Report (RCS DD P&L(Q&SA)714A).
This is a cumulative semi-annual report reflecting the accomplishments
of the breakout program. The report describes the results of full and
limited screening for provisioning and replenishment parts by number of
different NSNs for each AMC. Departments and agencies shall also
maintain actual cost data attributable to the Spare Parts Breakout
Program which shall be forwarded on this report semi-annually.
(b) Spare Parts Acquisition Report (RCS DD P&L(Q&SA) 714B). This is
a cumulative semi-annual report for all purchases made of spare parts
during the current fiscal year. This report describes the number and
extended dollar value of different NSNs purchased for each AMC.
Departments and agencies shall also maintain actual savings (or cost
avoidance) data attributable to the Spare Parts Breakout Program which
shall be forwarded on this report semi-annually. Because of extraneous
factors such as contracting leadtimes and changes in spare parts
requirements, this report will not always reflect the acquisition of the
parts screened during a reporting period (contained on the Spare Parts
Breakout Screening Report). Also, it will not show in all instances how
the part was actually acquired. This report is intended to be an
indication of the success of the breakout program, and designed to show
trends in the coding and data available to buyers in the acquisition
package.
E-502 Reporting procedures.
(a) Departments and agencies shall maintain and forward semi-annual
reports. The second semi-annual report in a fiscal year shall reflect
cumulative totals for the current fiscal year using the formats in
Exhibits IV and V.
(b) The reports will be due no later than 45 days after the end of
each period designated.
(c) Submissions will be made to the Assistant Secretary of Defense
(Production and Logistics), ATTN: Deputy Assistant Secretary for
Logistics.
E-503 Reporting instructions.
(a) Spare parts breakout screening report. Using the format in
Exhibit IV, provide the following --
(1) Enter reporting activity name, fiscal year, and period ending.
(2) For each AMC/AMSC listed, enter the number of different NSNs for
which screening was completed during the period. Show zeros where
applicable. This should be done for both full and limited screening.
(3) Report the total costs of the breakout program incurred for the
period. Although this will be primarily labor costs, it should also
include appropriate prorated costs of ADP services, office overhead,
data retrieval service costs, etc. (see E-303.5).
(b) Spare parts acquisition report. Using the format in Exhibit V,
provide the following --
(1) Enter reporting activity name, fiscal year, and period ending.
(2) For each AMC/AMSC listed, enter the number of different NSNs
purchased during the current fiscal year and their extended dollar
value.
(3) Report the actual breakout program savings or cost avoidances as
measured by completed acquisition (not anticipated acquisitions). Price
differentials should be measured on each acquisition where a breakout
action has taken place. They should equal the difference between the
previous contract unit price and the current contract unit price, times
the number of units purchased.
Note: Exhibit II appears in the 1991 Looseleaf Edition of the
Defense FAR Supplement. Copies can be obtained from: Defense
Acquisition Regulations System, OUSD(A), Washington, DC 20301-3000.
Insert illustration 1347
Insert Illustration 1348
Insert Illustration 13
(56 FR 36595, July 31, 1991)
48 CFR 253.215-70 -- Ch. II, App. F
48 CFR 253.215-70 -- Appendix F -- Material Inspection and Receiving
Report
Sec.
Part 1 -- Introduction.
F-101 General.
F-102 Applicability.
F-103 Use.
F-104 Application.
F-105 Forms.
Part 2 -- Contract Quality Assurance (CQA) on Shipments Between
Contractors.
F-201 Instructions.
Part 3 -- Preparation of the DD Form 250 and DD Form 250c.
F-301 Preparation instructions.
F-302 Mode/method of shipment codes.
F-303 Consolidated shipments.
F-304 Multiple consignee instructions.
F-305 Correction instructions.
F-306 Invoice instructions.
F-307 Packing list instructions.
F-308 Receiving instructions.
Part 4 -- Distribution of DD Form 250 and DD Form 250c.
F-401 Distribution.
Part 5 -- Preparation of the DD Form 250-1 (Loading Report).
F-501 Instructions.
Part 6 -- Preparation of the DD Form 250-1 (Discharge Report).
F-601 Instructions.
Part 7 -- Distribution of the DD Form 250-1.
F-701 Distribution.
F-702 Corrected DD Form 250-1.
Authority: 5 U.S.C. 301, 10 U.S.C. 2202, DoD Directive 5000.35, FAR
subpart 1.3.
F-101 General.
This appendix contains procedures and instructions for the use,
preparation, and distribution of the material inspection and receiving
report (MIRR) (DD Form 250 series) and commercial shipping/packing lists
used to document Government contract quality assurance.
F-102 Applicability.
(a) The provisions of this appendix apply to supplies or services
acquired by DoD when the clause at 252.246-7000, Material Inspection and
Receiving Report, is included in the contract. If the contract contains
the clause at FAR 52.213-1, Fast Payment Procedure, the contractor may
elect not to prepare a DD Form 250.
(b) When DoD provides quality assurance or acceptance services for
non-DoD activities, prepare a MIRR using the instructions in this
appendix, unless otherwise specified in the contract.
F-103 Use.
(a) The DD Form 250 is a multipurpose report used -- (1) To provide
evidence of Government contract quality assurance at origin or
destination;
(2) To provide evidence of acceptance at origin or destination;
(3) For packing lists;
(4) For receiving;
(5) For shipping;
(6) As a contractor invoice; and
(7) As commercial invoice support.
(b) Do not use the DD Form 250 for shipments -- (1) By
subcontractors, unless the subcontractor is shipping directly to the
Government; or
(2) Of contract inventory.
(c) The contractor prepares the MIRR, except for entries that an
authorized Government representative is required to complete.
(d) Use the DD Form 250-1 -- (1) For bulk movements of petroleum
products by tanker or barge to cover --
(i) Origin or destination acceptance of cargo; or
(ii) Shipment or receipt of Government owned products.
(2) To send quality data to the point of acceptance in the case of
origin inspection on FOB destination deliveries or preinspection at
product source. Annotate the forms with the words ''INSPECTED FOR
QUALITY ONLY.''
F-104 Application.
(a) DD Form 250. (1) Use the DD Form 250 for delivery of contract
line, subline, exhibit line, or exhibit subline items. Do not use the
DD Form 250 for those exhibit line or exhibit subline items on a DD Form
1423, Contract Data Requirements List, that indicate no DD Form 250 is
required.
(2) If the shipped to, marked for, shipped from, mode of shipment,
contract quality assurance and acceptance data are the same for more
than one shipment made on the same day under the same contract,
contractors may prepare one MIRR to cover all such shipments.
(3) If the volume of the shipment precludes the use of a single car,
truck, or other vehicle, prepare a separate MIRR for the contents of
each vehicle.
(4) When a shipment is consigned to an Air Force activity and the
shipment includes items of more than one federal supply class (FSC) or
material management code (MMC), prepare a separate DD Form 250 for items
of each of the FSCs or MMCs in the shipment. However, the cognizant
Government representative may authorize a single DD Form 250, listing
each of the FSCs or MMCs included in the shipment on a separate
continuation sheet. The MMC appears as a suffix to the national stock
number applicable to the item.
(5) Consolidation of Petroleum Shipments on a Single MIRR -- (i)
Continental United States. Contractors may consolidate multiple car or
truck load shipments of petroleum made on the same day, to the same
destination, against the same contract line item, on one MIRR. To
permit verification of motor deliveries, assign each load a load number
which can be identified to the shipment number in Block 2 of the DD Form
250. Include a shipping document (commercial or government) with each
individual load showing as a minimum --
(A) The shipper;
(B) Shipping point;
(C) Consignee;
(D) Contract and line item number;
(E) Product identification;
(F) Gross gallons (bulk only);
(G) Loading temperature (bulk only);
(H) American Petroleum Institute gravity (bulk only);
(I) Identification of carrier's equipment;
(J) Serial number of all seals applied; and
(K) Signature of supplier's representative.
When acceptance is at destination, the receiving activity retains the
shipping document(s) to verify the entries on the consignee copy of the
DD Form 250 forwarded by the contractor (reference F-401, Table 1)
before signing Block 21B.
(ii) Overseas. The same criteria as for continental U.S. applies,
except the consolidation period may be extended, if acceptable to the
receiving activity, shipping activity, Government finance office, and
the authorized Government representative having cognizance at the
contractor's facility. In addition, the contractor may include more
than one contract line item in each DD Form 250 if the shipped to,
marked for, shipped from, mode of shipment, contract quality assurance,
and acceptance data are the same for all line items.
(6) Consolidation of Coal Shipments on a Single MIRR. Contractors
may consolidate multiple railcar or truck shipments of coal made on the
same day, to the same destination, against the same contract line items,
on one MIRR. To permit verification of truck deliveries, assign each
load a load number which can be identified to the shipment number in
Block 2 of the DD Form 250 and the analytical test report. Include a
commercial shipping document with each individual truck load showing as
a minimum --
(i) The shipper;
(ii) The name or names;
(iii) Location and shipping point of the mine or mines from which the
coal originates;
(iv) The contract number;
(v) The exact size of the coal shipped; and
(vi) A certified weighmaster's certification of weight for the
truckload.
Include a waybill with each rail shipment showing the identical
information. To permit verification of rail deliveries, identify each
railcar number comprising the shipment to the shipment number in Block 2
of the DD Form 250 and the analytical test report. When acceptance is
at destination, the receiving activity must retain the shipping
document(s) to verify the entries on the consignee copy of the DD Form
250.
(b) DD Form 250-1. (1) Use a separate form for each tanker or barge
cargo loaded.
(2) The contractor may report more than one barge in the same tow on
a single form if on the same contract and consigned to the same
destination.
(3) When liftings involve more than one contract, prepare separate
forms to cover the portion of cargo loaded on each contract.
(4) Prepare a separate form for each product or grade of product
loaded.
(5) Use a separate document for each tanker or barge cargo and each
grade of product discharged.
(6) For discharge, the contractor may report more than one barge in
the same tow on a single form if from the same loading source.
F-105 Forms.
(a) Contractors may get MIRR forms from the contract administration
office at no cost.
(b) Contractors may print forms provided that the format and
dimensions (DD Forms 250 and 250c: 8 1/2 inches x 11 inches, DD Form
250-1: 8 1/2 inches x 14 inches) are identical to the MIRR forms
printed by the Government and that the forms are cast to provide for 78
characters per printed image horizontally and 62 lines vertically border
to border for the DD Form 250, and 61 lines vertically border to border
for the DD Form 250c.
F-201 Instructions.
(a) Use the supplier's commercial shipping document/packing list to
enter performance of required CQA actions at subcontract level. Make
the following entries on the supplier's commercial shipping
document/packing list:
Required CQA of listed items has been performed.
--
(Signature of Authorized Govt. Rep. or DoD Stamp)
--
(Date)
--
(Typed Name and Office)
(b) Distribution for Government purposes shall be --
(1) One copy with shipment;
(2) One copy for the Government representative at consignee (via
mail); and
(3) One copy for the Government representative at consignor.
F-301 Preparation instructions.
(a) General.
(1) Dates shall use seven spaces consisting of the last two digits of
the year, three alphabetic month abbreviation, and two digits for the
day. For example, 90AUG07, 90SEP24.
(2) Addresses shall consist of the name, street address/P.O. box,
city, state, and ZIP code.
(3) Enter to the right of and on the same line as the word ''Code''
in Blocks 9 through 12 and in Block 14 -- (i) The Commercial and
Government Entity Handbook (H4/H8) code,
(ii) DoD Activity Address Directory (DODAAD) code, or
(iii) The Military Assistance Program Address Directory (MAPAD) code.
(4) Enter the DODAAD, CAGE (H4/H8), or MAPAD code in Block 13.
(5) The data entered in the blocks at the top of the DD Form 250c
must be identical to the comparable entries in Blocks 1, 2, 3, and 6 of
the DD Form 250.
(6) Enter overflow data from the DD Form 250 in Block 16 or in the
body of the DD Form 250c with an appropriate cross reference. Do not
number or distribute additional DD Form 250c sheets, solely for
continuation of Block 23 data as part of the MIRR.
(7) Do not include classified information in the MIRR. MIRRs shall
not be classified.
(b) Completion instructions --
(1) Block 1 -- Proc instrument iden (contract).
(i) Enter the 13 position alpha-numeric basic Procurement Instrument
Identification Number (PIIN) of the contract. When applicable, enter
the four alpha-numeric call/order serial number which is supplementary
to the 13 position basic PIIN. This number is also referred to as the
Supplementary Procurement Instrument Identification Number (SPIIN). Use
SPIINs for (also see 204.70) --
(A) Delivery orders under indefinite delivery type contracts;
(B) Orders under basic ordering agreements; and
(C) Calls under blanket purchase agreements.
(ii) Except as indicated in paragraph (iii), do not enter
supplementary numbers used in conjunction with basic PIINs to identify
--
(A) Modifications of contracts and agreements;
(B) Modifications to calls/orders; or
(C) Document numbers representing contracts written between
contractors.
(iii) When shipping instructions are furnished by telephone or TWX
message and shipment is made before receipt of the confirming contract
modification (SF 30, Amendment of Solicitation /Modification of
Contract), enter the contract modification six digit number or the two
digit call or order number immediately following the PIIN or call/order
four digit SPIIN.
(iv) For DoD delivery orders on non-DoD contracts, enter the non-DoD
contract number immediately below the PII number.
(v) When a contract number other than PII number is used, enter that
contract number.
(2) Block 2 -- Shipment No. (i) The shipment number has a three
alpha character prefix and a four numeric or alpha-numeric serial
number.
(A) The prime contractor shall control and assign the shipment number
prefix. The shipment number shall consist of three alphabetic
characters for each ''Shipped From'' address (Block 11). The shipment
number prefix shall be different for each ''Shipped From'' address and
shall remain constant throughout the life of the contract. The prime
contractor may assign separate prefixes when shipments are made from
different locations within a facility identified by one ''Shipped From''
address.
(B) Number the first shipment 0001 for shipments made under the
contract or contract and order number shown in Block 1 from each
''Shipped From'' address, or shipping location within the ''Shipped
From'' address. Consecutively number all subsequent shipments with the
identical shipment number prefix.
(1) Use alpha-numeric serial numbers when more than 9,999 numbers are
required. Serially assign alpha-numeric numbers with the alpha in the
first position (the letters I and O shall not be used) followed by the
three position numeric serial number. Use the following alpha-numeric
sequence:
A000 through A999 (10,000 through 10,999)
B000 through B999 (11,000 through 11,999)
Z000 through Z999 (34,000 through 34,999)
(2) When this series is completely used, start over with 0001.
(ii) Reassign the shipment number of the initial shipment where a
''Replacement Shipment'' is involved (Block 16(d)(6)).
(iii) The prime contractor shall control deliveries and on the final
shipment of the contract shall end the shipment number with a ''Z.''
Where the final shipment is from other than the prime contractor's
plant, the prime contractor may elect either to:
(A) Direct the subcontractor making the final shipment to end that
shipment number with a ''Z''; or
(B) Upon determination that all subcontractors have completed their
shipments, to correct the DD Form 250 (see F-305) covering the final
shipment made from the prime contractor's plant by addition of a ''Z''
to that shipment number.
(iv) Contractors follow the procedures in F-306 to use commercial
invoices.
(3) Block 3 -- Date Shipped. Enter the date the shipment is released
to the carrier or the date the services are completed. If the shipment
will be released after the date of CQA and/or acceptance, enter the
estimated date of release. When the date is estimated, enter an ''E''
after the date. Do not delay distribution of the MIRR for entry of the
actual shipping date. Reissuance of the MIRR is not required to show
the actual shipping date.
(4) Block 4 -- B/L TCN. When applicable, enter --
(i) The commercial or Government bill of lading number after ''B/L;''
(ii) The transportation control number after ''TCN'' (when a TCN is
assigned for each line item on the DD Form 250 under Block 16
instructions, insert ''See Block 16''); and
(iii) The initial (line haul) mode of shipment code in the lower
right corner of the block (see F-302).
(5) Block 5 -- Discount Terms. (i) The contractor may enter the
discount in terms of percentages on all copies of the MIRR.
(ii) Use the procedures in F-306 when the MIRR is used as an invoice.
(6) Block 6 -- Invoice No./date. (i) The contractor may enter the
invoice number and actual or estimated date of invoice submission on all
copies of the MIRR. When the date is estimated, enter an ''E'' after
the date. Do not correct MIRRs other than invoice copies to reflect the
actual date of invoice submission.
(ii) Use the procedures in F-306 when the MIRR is used as an invoice.
(7) Block 7 -- Page/of.
Consecutively number the pages of the MIRR. On each page enter the
total number of pages of the MIRR.
(8) Block 8 -- Acceptance point.
Enter an ''S'' for Origin or ''D'' for destination.
(9) Block 9 -- Prime contractor/code.
Enter the code and address.
(10) Block 10 -- Administered by/code.
Enter the code and address of the contract administration office
(CAO) cited in the contract.
(11) Block 11 -- Shipped from/code/FOB.
(i) Enter the code and address of the ''Shipped From'' location. If
identical to Block 9, enter ''See Block 9.''
(ii) For performance of services line items which do not require
delivery of items upon completion of services, enter the code and
address of the location at which the services were performed. If the DD
Form 250 covers performance at multiple locations, or if identical to
Block 9, enter ''See Block 9.''
(iii) Enter on the same line and to the right of ''FOB'' an ''S'' for
Origin or ''D'' for Destination as specified in the contract. Enter an
alphabetic ''O'' if the ''FOB'' point cited in the contract is other
than origin or destination.
(iv) For destination or origin acceptance shipments involving
discount terms, enter ''DISCOUNT EXPEDITE'' in at least one-half inch
outline-type style letters across Blocks 11 and 12. Do not obliterate
other information in these blocks.
(12) Block 12 -- Payment will be made by/code. Enter the code and
address of the payment office cited in the contract.
(13) Block 13 -- Shipped to/code. Enter the code and address from
the contract or shipping instructions.
(14) Block 14 -- Marked for/code. Enter the code and address from
the contract or shipping instructions. When three-character project
codes are provided in the contract or shipping instructions, enter the
code in the body of the block, prefixed by ''Proj''; do not enter in
the code block.
(15) Block 15 -- Item No. Enter the item number used in the
contract.
(i) Use item numbers under the Uniform Contract Line Item Numbering
System (see 204.71).
(ii) Position the item numbers as follows --
(A) For item numbers with four or less digits, enter the number
immediately to the left of the vertical dashed line and prefix them with
zeros, to achieve four digits.
(B) For item numbers with six digits, with alpha digits in the final
two positions, enter the last two digits to the right of the vertical
dashed line.
(C) For item numbers with six digits, with numbers in the final two
positions, enter the first four digits immediately to the left of the
vertical dashed line. Do not use the last two digits.
(iii) Line item numbers not in accordance with the Uniform Contract
Line Item Numbering System may be entered without regard to positioning.
(16) Block 16 -- Stock/part No./description. (i) Use single or double
spacing between line items when there are less than four line items.
Use double spacing when there are four or more line items. Enter the
following for each line item:
(A) The national stock number (NSN) or noncatalog number. Where
applicable, include a prefix or suffix. If a number is not provided, or
it is necessary to supplement the number, include other identification
such as the manufacturer's name or federal supply code (as published in
Cataloging Handbook H4-1), and the part number. Show additional part
numbers in parentheses or slashes. Show the descriptive noun of the
item nomenclature and if provided, the Government assigned
management/material control code. The contractor may use the following
technique in the case of equal kind supply items. The first entry shall
be the description without regard to kind. For example, ''Shoe-Low
Quarter-Black,'' ''Resistor,'' ''Vacuum Tube,'' etc. Below this
description, enter the contract line item number in Block 15 and
Stock/Part number followed by the size or type in Block 16.
(B) On the next printing line, if required by the contract for
control purposes, enter: the make, model, serial number, lot, batch,
hazard indicator, or similar description.
(C) On the next printing lines enter --
(1) The MIPR number prefixed by ''MIPR'' or the MILSTRIP requisition
number(s) when provided in the contract; or
(2) Shipping instructions followed on the same line (when more than
one requisition is entered) by the unit for payment and the quantity
shipped against each requisition.
Example:
V04696-185-750XY19059A -- EA 5
N0018801776038XY3211BA -- EA 200
AT650803050051AAT6391J -- EA 1000
(D) When a TCN is assigned for each line item, enter on the next line
the transportation control number prefixed by ''TCN.''
(ii) For service line items, enter the word ''SERVICE'' followed by
as short a description as is possible in no more than 20 additional
characters. Some examples of service line items are maintenance,
repair, alteration, rehabilitation, engineering, research, development,
training, and testing. Do not complete Blocks 4, 13, and 14 when there
is no shipment of material.
(iii) For all contracts administered by Defense Contract Management
Command, with the exception of fast pay procedures, enter and complete
the following:
Gross Shipping Wt. XXXXXX
State weight in pounds only.
(iv) Starting with the next line, enter the following as appropriate
(entries may be extended through Block 20). When entries apply to more
than one line item in the MIRR, enter them only once after the last line
item entry. Reference applicable line item numbers.
(A) Enter in capital letters any special handling instructions/limits
for material environmental control, such as temperature, humidity,
aging, freezing, shock, etc.
(B) When a shipment is chargeable to Navy appropriation 17X4911,
enter the appropriation, bureau control number (BCN), and authorization
accounting activity (AAA) number (e.g., 17X4911-14003-104).
(C) When the Navy transaction type code (TC), ''2T'' or ''7T'' is
included in the appropriation data, enter ''TC 2T'' or ''TC 7T.''
(D) When an NSN is required by but not cited in a contract and has
not been furnished by the Government, the contractor may make shipment
without the NSN at the direction of the contracting officer. Enter the
authority for such shipment.
(E) When Government furnished property (GFP) is included with or
incorporated into the line item, enter the letters ''GFP.''
(F) When shipment consists of replacements for supplies previously
furnished, enter in capital letters ''REPLACEMENT SHIPMENT.'' (See
F-301, Block 17, for replacement indicators).
(G) On shipments of Government furnished aeronautical equipment
(GFAE) under Air Force contracts, enter the assignment AERNO control
number, e.g., ''AERNO 60-6354.''
(H) For items shipped with missing components, enter and complete the
following:
''Item(s) shipped short of the following component(s): NSN or
comparable identification XXXXXX, Quantity XXXXXX, Estimated Value
XXXXXX, Authority XXXXXX''
(I) When shipment is made of components which were short on a prior
shipment, enter and complete the following:
''These components were listed as shortages on shipment number
XXXXXX, date shipped XXXXXX''
(J) When shipments involve drums, cylinders, reels, containers,
skids, etc., designated as returnable under contract provisions, enter
and complete the following:
''Return to XXXXXX, Quantity XXXXXX, Item XXXXXX, Ownership
(Government/contractor).''
(K) Enter the total number of shipping containers, the type of
containers, and the container number(s) assigned for the shipment.
(L) On foreign military sales (FMS) shipments, enter the special
markings, and FMS case identifier from the contract. Also enter the
gross weight.
(M) When test/evaluation results are a condition of acceptance and
are not available prior to shipment, the following note shall be entered
if the shipment is approved by the contracting officer:
''Note: Acceptance and payment are contingent upon receipt of
approved test/evaluation results.''
The contracting officer will advise --
(1) The consignee of the results (approval/disapproval); and
(2) The contractor to withhold invoicing pending attachment of the
approved test/evaluation results.
(N) The copy of the DD Form 250 required to support payment for
destination acceptance (top copy of those with shipment) or ARP origin
acceptance shall be identified as follows: enter ''PAYMENT COPY'' in
approximately one-half inch outline type style letters with ''FORWARD TO
BLOCK 12 ADDRESS'' in approximately one-quarter inch letters immediately
below. Do not obliterate any other entries.
(O) For clothing and textile contracts containing a bailment clause,
enter the words ''GFP UNIT VALUE.''
(P) When the initial unit incorporating an approved value engineering
change proposal (VECP) is shipped, enter the following statement:
This is the initial unit delivered which incorporates VECP No.
XXXXXX, Contract Modification No. XXXXXX, dated XXXXXX
(17) Block 17 -- Quantity shipped/received. (i) Enter the quantity
shipped, using the unit of measure in the contract for payment. When a
second unit of measure is used for purposes other than payment, enter
the appropriate quantity directly below in parentheses.
(ii) On the final shipment of a line item of a contract containing a
clause permitting a variation of quantity and an underrun condition
exists, the prime contractor shall enter a ''Z'' below the last digit of
the quantity. Where the final shipment is from other than the prime
contractor's plant and an underrun condition exists, the prime
contractor may elect either to --
(A) Direct the subcontractor making the final shipment to enter a
''Z'' below the quantity; or
(B) Upon determination that all subcontractors have completed their
shipments, correct the DD Form 250 (see F-305) covering the final
shipment of the line item from the prime contractor's plant by addition
of a ''Z'' below the quantity. Do not use the ''Z'' on deliveries which
equal or exceed the contract line item quantity.
(iii) For replacement shipments, enter ''A'' below the last digit of
the quantity, to designate first replacement, ''B'' for second
replacement, etc. Do not use the final shipment indicator ''Z'' on
underrun deliveries when a final line item shipment is replaced.
(iv) If the quantity received is the same quantity shipped and all
items are in apparent good condition, enter by a check mark. If
different, enter actual quantity received in apparent good condition
below quantity shipped and circle. The receiving activity will annotate
the DD Form 250 stating the reason for the difference.
(18) Block 18 -- Unit. Enter the abbreviation of the unit measure as
indicated in the contract for payment. Where a second unit of measure
is indicated in the contract for purposes other than payment or used for
shipping purposes, enter the second unit of measure directly below in
parentheses. Authorized abbreviations are listed in MIL-STD-129,
Marking for Shipping and Storage. For example, LB for pound, SH for
sheet.
(19) Block 19 -- Unit price. The contractor may, at its option,
enter unit prices on all MIRR copies, except as a minimum:
(i) The contractor shall enter unit prices on all MIRR copies for
each item of property fabricated or acquired for the Government and
delivered to a contractor as Government furnished property (GFP). Get
the unit price from Section B of the contract. If the unit price is not
available, use an estimate. The estimated price should be the
contractor's estimate of what the items will cost the Government. When
the price is estimated, enter an ''E'' after the unit price.
(ii) Use the procedures in F-306 when the MIRR is used as an invoice.
(iii) For clothing and textile contracts containing a bailment
clause, enter the cited Government furnished property unit value
opposite ''GFP UNIT VALUE'' entry in Block 16.
(iv) Price all copies of DD Forms 250 for FMS shipments with actual
prices, if available. If actual prices are not available, use estimated
prices. When the price is estimated, enter an ''E'' after the price.
(20) Block 20 -- Amount. Enter the extended amount when the unit
price is entered in Block 19.
(21) Block 21 -- Contract quality assurance (CQA). (i) The words
''conform to contract'' contained in the printed statements in Blocks A
and B relate to quality and to the quantity of the items on the report.
Do not modify the statements. Enter notes taking exception in Block 16
or on attached supporting documents with an appropriate block cross
reference.
(ii) When a shipment is authorized under alternative release
procedure, attach or include the appropriate contractor signed
certificate on the top copy of the DD Form 250 copies distributed to the
payment office or attach or include the appropriate contractor
certificate on the contract administration office copy when contract
administration (Block 10 of the DD Form 250) is performed by the Defense
Contract Management Command (DCMC).
(iii) When contract terms provide for use of Certificate of
Conformance and shipment is made under these terms, the contractor shall
enter ''Certificate of Conformance'' in Block 21A on the next line
following the CQA and acceptance statements. Attach or include the
appropriate contractor signed certificate on the top copy of the DD Form
250 copies distributed to the payment office or attach or include the
appropriate certificate on the contract administration office copy when
contract administration (Block 10 of the DD Form 250) is performed by
DCMC. In addition, attach a copy of the signed certificate to, or enter
on, copies of the MIRR sent with shipment.
(iv) Origin. (A) The authorized Government representative shall --
(1) Place an ''X'' in the appropriate CQA and/or acceptance box(es)
to show origin CQA and/or acceptance. When the contract requires CQA at
destination in addition to origin CQA, enter an asterisk at the end of
the statement and an explanatory note in Block 16;
(2) Sign and date;
(3) Enter the typed, stamped, or printed name and office DODAAD code.
(B) When alternative release procedures apply --
(1) The contractor or subcontractor shall complete the entries
required under paragraph (A) and enter in capital letters ''ALTERNATIVE
RELEASE PROCEDURE'' on the next line following the printed
CQA/acceptance statement.
(2) When acceptance is at origin and contract administration is
performed by an office other than DCMC, the contractor shall furnish the
four payment office copies of the MIRR to the authorized Government
representative for dating and signing of one copy and forwarding of all
copies to the payment office.
(3) When acceptance is at origin and contract administration is
performed by DCMC, furnish the contract administration office copy of
the MIRR to the authorized Government representative for dating and
signing and forwarding to the contract administration office (see F-401,
Table 1).
(C) When fast pay procedures apply, the contractor or subcontractor
shall enter in capital letters ''FAST PAY'' on the next line following
the printed CQA/acceptance statement. When CQA is required, the
authorized Government representative shall execute the block as required
by paragraph (A).
(D) When Certificate of Conformance procedures apply, inspection or
inspection and acceptance are at source, and the contractor's
Certificate of Conformance is required, the contractor shall make
entries required by paragraph (iv)(A).
(1) For contracts administered by an office other than DCMC, furnish
the four payment office copies of the MIRR to the authorized Government
representative for dating and signing of one copy, and forwarding of all
copies to the payment office.
(2) For contracts administered by DCMC, furnish the contract
administration office copy of the MIRR to the authorized Government
representative for dating and signing and forwarding to the contract
administration office (see F-401, Table 1).
(3) When acceptance is at destination, no entry shall be made other
than ''CERTIFICATE OF CONFORMANCE.''
(v) Destination. (A) When acceptance at origin is indicated in Block
21A, no entries shall be made in Block 21B.
(B) When CQA and acceptance or acceptance is at destination, the
authorized Government representative shall --
(1) Place an ''X'' in the appropriate box(es);
(2) Sign and date; and
(3) Enter typed, stamped, or printed name and title.
(C) When ''ALTERNATIVE RELEASE PROCEDURE'' is entered in Block 21A
and acceptance is at destination, the authorized Government
representative shall complete the entries required by paragraph (B).
(D) Forward the executed payment copy or MILSCAP format identifier
PKN or PKP to the payment office cited in Block 12 within 4 work days (5
days when MILSCAP Format is used) after delivery and acceptance of the
shipment by the receiving activity. Forward one executed copy of the
final DD Form 250 to the contract administration office cited in Block
10 for implementing contract closeout procedures, except where a Defense
Contract Management Region or the DLA Finance Center is cited as the
payment office in Block 12.
(E) When ''FAST PAY'' is entered in Block 21A, make no entries in
this block.
(22) Block 22 -- Receiver's use. The receiving activity (Government
or contractor) shall use this block to show receipt, quantity, and
condition. The receiving activity shall enter the date the supplies
arrived. For example, when off-loading or in-checking occurs subsequent
to the day of arrival of the carrier at the installation, the date of
the carrier's arrival is the date received for purposes of this block.
(23) Block 23 -- Contractor use only. Self explanatory.
F-302 Mode/method of shipment codes.
F-303 Consolidated shipments.
When individual shipments are held at the contractor's plant for
authorized transportation consolidation to a single bill of lading, the
contractor may prepare the DD Forms 250 at the time of CQA or acceptance
prior to the time of actual shipment (see Block 3).
F-304 Multiple consignee instructions.
The contractor may prepare one MIRR when the identical line item(s)
of a contract are to be shipped to more than one consignee, with the
same or varying quantities, and the shipment requires origin acceptance.
Prepare the MIRR using the procedures in this appendix with the
following changes --
(a) Blocks 2, 4, 13, and, if applicable, 14 -- Enter ''See Attached
Distribution List.''
(b) Block 15 -- The contractor may group item numbers for identical
stock/part number and description.
(c) Block 17 -- Enter the ''total'' quantity shipped by line item or,
if applicable, grouped identical line items.
(d) Use the DD Form 250c to list each individual ''Shipped To'' and
''Marked For'' with --
(1) Code(s) and complete shipping address and a sequential shipment
number for each;
(2) Line item number(s);
(3) Quantity;
(4) MIPR number(s), preceded by ''MIPR,'' or the MILSTRIP requisition
number, and quantity for each when provided in the contract or shipping
instructions; and
(5) If applicable, bill of lading number, TCN, and mode of shipment
code.
(e) The contractor may omit those distribution list pages of the DD
Form 250c that are not applicable to the consignee. Provide a complete
MIRR for all other distribution.
F-305 Correction instructions.
Make a new revised MIRR or correct the original when, because of
errors or omissions, it is necessary to correct the MIRR after
distribution has been made. Use data identical to that of the original
MIRR. Do not correct MIRRs for Blocks 19 and 20 entries. Make the
corrections as follows --
(a) Circle the error and place the corrected information in the same
block; if space is limited, enter the corrected information in Block 16
referencing the error page and block. Enter omissions in Block 16
referencing omission page and block. For example --
(b) When corrections have been made to entries for line items (Block
15) or quantity (Block 17) enter the words ''CORRECTIONS HAVE BEEN
VERIFIED'' on page 1. The authorized Government representative will
date and sign immediately below the statement. This verification
statement and signature are not required for other corrections.
(c) Clearly mark the pages of the MIRR requiring correction with the
words ''CORRECTED COPY.'' Avoid obliterating any other entries. Where
corrections are made only on continuation sheets, also mark page number
1 with the words ''CORRECTED COPY.''
(d) Page 1 and only those continuation pages marked ''CORRECTED
COPY'' shall be distributed to the initial distribution. A complete
MIRR with corrections shall be distributed to new addressee(s) created
by error corrections.
F-306 Invoice instructions.
The Government encourages, but does not require, contractors to use
copies of the MIRR as an invoice, in lieu of a commercial form. If
commercial forms are used, identify the related MIRR shipment number(s)
on the form. If using the MIRR as an invoice, prepare and forward four
copies to the payment office as follows --
(a) Complete Blocks 5, 6, 19, and 20. Block 6 shall contain the
invoice number and date. Column 20 shall be totaled.
(b) Mark in letters approximately one inch high, first copy:
''ORIGINAL INVOICE;'' three copies ''INVOICE COPY.''
(c) Forward the four copies to the payment office (Block 12 address),
except when acceptance is at destination and a Navy finance office will
make payment, forward to destination.
(d) Be sure to separate the four copies of the MIRR used as an
invoice from the copies the MIRR used as a receiving report.
F-307 Packing list instructions.
Contractors may use copies of the MIRR as a packing list. The
packing list copies are in addition to the copies of the MIRR required
for standard distribution (see F-401). Mark them ''PACKING LIST.''
F-308 Receiving instructions.
When the MIRR is used for receiving purposes, local directives shall
prescribe procedures. If CQA and acceptance or acceptance of supplies
is required upon arrival at destination, see Block 21B for instructions.
F-401 Distribution.
(a) The contractor is responsible for distributing the DD Form 250,
including mailing and payment of postage.
(b) Contractors shall distribute MIRRs using the instructions in
Tables 1 and 2.
(c) Contractors shall distribute MIRRs on non-DoD contracts using
this appendix as amended by the contract.
(d) Contractors shall make distribution promptly, but no later than
the close of business of the work day following --
(1) Signing of the DD Form 250 (Block 21A) by the authorized
Government representative; or
(2) Shipment when authorized under terms of alternative release,
certificate of conformance, or fast pay procedures; or
(3) Shipment when CQA and acceptance are to be performed at
destination.
(e) Do not send the consignee copies (via mail) on overseas shipments
to port of embarkation (POE). Send them to consignee at APO/FPO
address.
(f) Copies of the MIRR forwarded to a location for more than one
recipient shall clearly identify each recipient.
F-501 Instructions.
Prepare the DD Form 250-1 using the following instructions when
applied to a tanker or barge cargo lifting. If space is limited, use
abbreviations. The block numbers correspond to those on the form.
(a) Block 1 -- Tanker/Barge. Line out ''TANKER'' or ''BARGE'' as
appropriate and place an ''X'' to indicate loading report.
(b) Block 2 -- Inspection Office. Enter the name and location of the
Government office conducting the inspection.
(c) Block 3 -- Report No. Number each form consecutively, starting
with number 1, to correspond to the number of shipments made against the
contract. If shipment is made from more than one location against the
same contract, use this numbering system at each location.
(d) Block 4 -- Agency Placing Order on shipper, city, State and/or
local address (loading). Enter the applicable Government activity.
(e) Block 5 -- Department. Enter military department owning product
being shipped.
(f) Block 6 -- Prime contract or P.O. No. Enter the contract or
purchase order number.
(g) Block 7 -- Name of prime contractor, city, State and/or local
address (loading). Enter the name and address of the contractor as
shown in the contract.
(h) Block 8 -- Storage contract. Enter storage contract number if
applicable.
(i) Block 9 -- Terminal or refinery shipped from, city, State and/or
local address. Enter the name and location of the contractor facility
from which shipment is made. Also enter delivery point in this space as
either ''FOB Origin'' or ''FOB Destination.''
(j) Block 10 -- Order No. on supplier. Enter number of the delivery
order, purchase order, subcontract or suborder placed on the supplier.
(k) Block 11 -- Shipped to: (receiving activity, city, State and/or
local address. Enter the name and geographical address of the consignee
as shown on the shipping order.
(l) Block 12 -- B/L Number. If applicable, enter the initials and
number of the bill of lading. If a commercial bill of lading is later
authorized to be converted to a Government bill of lading, show ''Com.
B/L to GB/L.''
(m) Block 13 -- Reqn. or request No. Enter number and date from the
shipping instructions.
(n) Block 14 -- Cargo No. Enter the cargo number furnished by the
ordering office.
(o) Block 15 -- Vessel. Enter the name of tanker or barge.
(p) Block 16 -- Draft arrival. Enter the vessel's draft on arrival.
(q) Block 17 -- Draft sailing. Enter the vessel's draft on
completion of loading.
(r) Block 18 -- Previous two cargoes. Enter the type of product
constituting previous two cargoes.
(s) Block 19 -- Prior inspection. Leave blank.
(t) Block 20 -- Condition of shore pipeline. Enter condition of line
(full or empty) before and after loading.
(u) Block 21 -- Appropriation (loading). Enter the appropriation
number shown on the contract, purchase order or distribution plan. If
the shipment is made from departmentally owned stock, show ''Army, Navy,
or Air Force (as appropriate) owned stock.''
(v) Block 22 -- Contract item No. Enter the contract item number
applicable to the shipment.
(w) Block 23 -- Product. Enter the product nomenclature and grade as
shown in the contract or specification, the stock or class number, and
the NATO symbol.
(x) Block 24 -- Specifications. Enter the specification and
amendment number shown in the contract.
(y) Block 25 -- Statement of quantity. Enter in the ''LOADED''
column, the net barrels, net gallons, and long tons for the cargo
loaded. NOTE: If more than 1/2 of 1 percent difference exists between
the ship and shore quantity figures, the contractor shall immediately
investigate to determine the cause of the difference. If necessary,
prepare corrected documents; otherwise, put a statement in Block 28 as
to the probable or actual cause of the difference.
(z) Block 26 -- Statement of quality. (1) Under the heading
''TESTS'' list all inspection acceptance tests of the specification and
any other quality requirements of the contract.
(2) Under the heading ''SPECIFICATION LIMITS'' list the limits or
requirements as stated in the specification or contract directly
opposite each entry in the ''TESTS'' column. List waivers to technical
requirements.
(3) Under the heading ''TEST RESULTS'' list the test results
applicable to the storage tank or tanks from which the cargo was lifted.
If more than one storage tank is involved, list the tests applicable to
each tank in separate columns headed by the tank number, the date the
product in the tank was approved, and the quantity loaded from the tank.
Each column shall also list such product characteristics as amount and
type of corrosion inhibitor, etc.
(aa) Block 27 -- Time statement. Line out ''DISCHARGE'' and
''DISCHARGING.'' Complete all applicable entries of the time statement
using local time. Take these dates and times from either the vessel or
shore facility log. The Government representative shall ensure that the
logs are in agreement on those entries used. If the vessel and shore
facility logs are not in agreement, the Government representative will
explain the reasons in Block 28 -- REMARKS. Do not enter the date and
time the vessel left berth on documents placed aboard the vessel. The
date and time shall appear on all other copies. Express all dates in
sequence of day, month, and year with the month spelled out or
abbreviated (e.g., 10 Sept. 67). The term FINISHED BALLAST DISCHARGE is
meant to include all times needed to complete deballasting and
mopping/drying of ship's tanks. The inspection of ship's tanks for
loading is normally performed immediately upon completion of drying
tanks.
(bb) Block 28 -- Remarks. Use this space for reporting -- (1) All
delays, their cause and responsible party (vessel, shore facility,
Government representative, or other).
(2) Details of loading abnormalities such as product losses due to
overflow, leaks, delivery of product from low level in shore tanks, etc.
(3) In the case of multiple consignees, enter each consignee, the
amount consigned to each, and if applicable, the storage contract
numbers appearing on the delivery order.
(4) When product title is vested in the U.S. Government, insert in
capital letters ''U.S. GOVERNMENT OWNED CARGO.'' If title to the product
remains with the contractor and inspection is performed at source with
acceptance at destination, insert in capital letters ''CONTRACTOR OWNED
CARGO.''
(5) Seal numbers and location of seals. If space is not adequate,
place this information on the ullage report or an attached supplemental
sheet.
(cc) Block 29 -- Company or receiving terminal. Line out ''OR
RECEIVING TERMINAL'' and get the signature of the supplier's
representative.
(dd) Block 30 -- Certification by government representative. Line
out ''DISCHARGED.'' The Government representative shall date and sign
the form to certify inspection and acceptance, as applicable, by the
Government. The name of the individual signing this certification, as
well as the names applied in Blocks 29 and 31, shall be typed or hand
lettered. The signature in Block 30 must agree with the typed or
lettered name to be acceptable to the paying office.
(ee) Block 31 -- Certification by master or agent. Obtain the
signature of the master of the vessel or its agent.
F-601 Instructions.
Prepare the DD Form 250-1 using the following instructions when
applied to a tanker or barge discharge. If space is limited, use
abbreviations. The block numbers correspond to those on the form.
(a) Block 1 -- Tanker/barge. Line out ''TANKER'' or ''BARGE'' as
applicable and place an ''X'' to enter discharge report.
(b) Block 2 -- Inspection office. Enter Government activity
performing inspection on the cargo received.
(c) Block 3 -- Report No. Leave blank.
(d) Block 4 -- Agency placing order on shipper, city, state and/or
local address (loading). Enter Government agency shown on loading
report.
(e) Block 5 -- Department. Enter Department owning product being
received.
(f) Block 6 -- Prime contract or P.O. No. Enter the contract or
purchase order number shown on the loading report.
(g) Block 7 -- Name of prime contractor, city, state and/or local
address (loading). Enter the name and location of contractor who loaded
the cargo.
(h) Block 8 -- Storage contract. Enter the number of the contract
under which material is placed in commercial storage where applicable.
(i) Block 9 -- Terminal or refinery shipped from, city, state and/or
local address. Enter source of cargo.
(j) Block 10 -- Order no. on supplier. Make same entry appearing on
loading report.
(k) Block 11 -- Shipped to: (receiving activity, city, state and/or
local address). Enter receiving activity's name and location.
(l) Block 12 -- B/L Number. Enter as appears on loading report.
(m) Block 13 -- Reqn. or Request No. Leave blank.
(n) Block 14 -- Cargo No. Enter cargo number shown on loading
report.
(o) Block 15 -- Vessel. Enter name of tanker or barge discharging
cargo.
(p) Block 16 -- Draft arrival. Enter draft of vessel upon arrival at
dock.
(q) Block 17 -- Draft sailing. Enter draft of vessel after
discharging.
(r) Block 18 -- Previous two cargoes. Leave blank.
(s) Block 19 -- Prior inspection. Enter the name and location of the
Government office which inspected the cargo loading.
(t) Block 20 -- Condition of shore pipeline. Enter condition of line
(full or empty) before and after discharging.
(u) Block 21 -- Appropriation (loading). Leave blank.
(v) Block 22 -- Contract item no. Enter the item number shown on the
loading report.
(w) Block 23 -- Product. Enter information appearing in Block 23 of
the loading report.
(x) Block 24 -- Specifications. Enter information appearing in Block
24 of the loading report.
(y) Block 25 -- Statement of quantity. Enter applicable data in
proper columns.
(1) Take ''LOADED'' figures from the loading report.
(2) Determine quantities discharged from shore tank gauges at
destination.
(3) If a grade of product is discharged at more than one point,
calculate the loss or gain for that product by the final discharge
point. Report amounts previously discharged on discharge reports
prepared by the previous discharge points. Transmit volume figures by
routine message to the final discharge point in advance of mailed
documents to expedite the loss or gain calculation and provide proration
data when more than one department is involved.
(4) The loss or gain percentage shall be entered in the ''PERCENT''
column followed by ''LOSS'' or ''GAIN,'' as applicable.
(5) On destination acceptance shipments, accomplish the
''DISCHARGED'' column only, unless instructed to the contrary.
(z) Block 26 -- Statement of quality. (1) Under the heading
''TESTS'' enter the verification tests performed on the cargo
preparatory to discharge.
(2) Under ''SPECIFICATION LIMITS'' enter the limits, including
authorized departures (if any) appearing on the loading report, for the
tests performed.
(3) Enter the results of tests performed under the heading ''TEST
RESULTS.''
(aa) Block 27 -- Time statement. Line out ''LOAD'' and ''LOADING.''
Complete all applicable entries of the time statement using local time.
Take the dates and times from either the vessel or shore facility log.
The Government representative shall ensure that these logs are in
agreement with entries used. If the vessel and shore facility logs are
not in agreement, the Government representative will explain the
reason(s) in Block 28 -- REMARKS. Do not enter the date and time the
vessel left berth on documents placed aboard the vessel. The date and
time shall appear on all other copies. Express all dates in sequence of
day, month, and year with the month spelled out or abbreviated (e.g., 10
Sept. 67).
(bb) Block 28 -- Remarks. Use this space for reporting important
facts such as --
(1) Delays, their cause, and responsible party (vessel, shore
facility, Government representative, or others).
(2) Abnormal individual losses contributing to the total loss. Enter
the cause of such losses as well as actual or estimated volumes
involved. Such losses shall include, but not be restricted to, product
remaining aboard (enter tanks in which contained), spillages, line
breaks, etc. Note where gravity group change of receiving tank contents
results in a fictitious loss or gain. Note irregularities observed on
comparing vessel ullages obtained at loading point with those at the
discharge point if they indicate an abnormal transportation loss or
contamination.
(cc) Block 29 -- Company or receiving terminal. Line out ''COMPANY
OR.'' Secure the signature of a representative of the receiving
terminal.
(dd) Block 30 -- Certification by government representative. Line
out ''LOADED.'' The Government representative shall date and sign the
form to certify inspection and acceptance, as applicable, by the
Government. The name of the individual signing the certification as
well as the names applied in Blocks 29 and 31, shall be typed or hand
lettered on the master or all copies of the form. The signature in
Block 30 must agree with the typed or lettered name to be acceptable to
the paying office.
(ee) Block 31 -- Certification by master or agent. Obtain the
signature of the master of the vessel or the vessel's agent.
F-701 Distribution.
(a) The Government representative shall distribute the completed DD
Form 250-1 using Table 3 of this appendix as amended by the provisions
of the contract or shipping order.
(b) The contractor shall furnish the Government representative
sufficient copies of the completed form to permit the required
distribution.
(c) Distribution of the form shall be made as soon as possible, but
not later than 24 hours following completion of the form. (See Table 3
on following pages)
F-702 Corrected DD Form 250-1.
When errors are made in entries on the form which would affect
payment or accountability, make corrected copies. Circle the corrected
entries on all copies and mark the form ''CORRECTED COPY.'' Enter the
statement, ''Corrections Have Been Verified,'' in Block 26 with the
authorized Government representative's dated signature directly below.
Make distribution of the certified corrected copy to all recipients of
the original distribution.
(56 FR 36610, July 31, 1991)
48 CFR 253.215-70 -- Ch. II, App. G
48 CFR 253.215-70 -- Appendix G to Chapter II -- Activity Address
Numbers
Part 1 -- General.
G-100 Scope
G-101 Assignment and use of a number
G-102 Activity address number data base maintenance
Part 2 -- Army Activity Address Numbers.
Part 3 -- Navy Activity Address Numbers.
Part 4 -- Marine Corps Activity Address Numbers.
Part 5 -- Air Force Activity Address Numbers.
Part 6 -- Defense Logistics Agency Activity Address Numbers.
Part 7 -- Defense Information Systems Agency Activity Address
Numbers.
Part 8 -- Defense Mapping Agency Activity Address Numbers.
Part 9 -- Defense Nuclear Agency Activity Address Numbers.
Part 10 -- Miscellaneous Defense Activities Activity Address Numbers.
Part 11 -- On-Site Inspection Agency Activity Number.
Part 12 -- Strategic Defense Initiative Organization Activity Number.
Part 13 -- Defense Commissary Agency Activity Numbers.
48 CFR 253.215-70 -- PART 1 -- GENERAL
48 CFR 253.215-70 -- G-100 Scope
This appendix identifies the activity address numbers to be used with
the uniform procurement instrument identification numbering system
prescribed in DFARS subpart 204.70.
48 CFR 253.215-70 -- G-101 Assignment and Use of a Number
(a) Activities coding solicitations, contracts and related
instruments shall use only those codes assigned by their respective
department/agency activity address monitor(s).
(b) The six-character code is used in the first six positions of the
procurement instrument identification number (PIIN). When required,
activities also will be assigned a two position code. The two position
code is used in the first two positions of the call/order serial number.
(c) Activity address monitors are --
Army -- U.S. Army Contracting Support Agency, Attn: Contract Support
Office (SFRD-KS), 5109 Leesburg Pike, suite 916, Falls Church, VA
22041-3201
Navy -- *Navy Accounting and Finance Center, (NAFC-5511), Washington,
DC 20376-5001
Air Force -- SAF/AQCX, Directorate of Contracting and Manufacturing
Policy, Washington, DC 20330-5040
Defense Logistics Agency -- Defense Logistics Agency, Contracting
Systems Support Office (DLA-PS), Cameron Station, Alexandria, VA
22304-6100
Marine Corps -- *Headquarters, U.S. Marine Corps, (Code LBP),
Washington, DC 20380-0001
**Defense Mapping Agency -- Director of Acquisition, Defense Mapping
Agency, Washington, DC 20305-3000
**Defense Nuclear Agency -- Chief, Contract Division, Defense Nuclear
Agency, Washington, DC 20305-1000
**Defense Information Systems Agency -- Chief, Logistics Management
Office, Code 202, Defense Information Systems Agency, Washington, DC
20305-2000
*The Navy and Marine Corps Activity Address Monitor for assignment of
two-character call/order serial numbers is: Office of the Assistant
Secretary of the Navy (RD&A), room 536, Crystal Plaza 5, Washington, DC
20350-1000.
**Agency activity address monitors forward requests for Appendix G
maintenance to the U.S. Army Contracting Support Agency (SFRD-KS).
48 CFR 253.215-70 -- G-102 Activity Address Number Data Base Maintenance
(a) The Defense Logistics Agency, DLA-PS, Cameron Station,
Alexandria, VA 22304-6100 is the executive agent for maintenance of six
and two character code assignments. The executive agency distributes
blocks of two character codes to department/agency activity address
monitors for further assignment.
(b) Contracting activities submit requests for assignment of or
changes in either the six character or two character codes to their
activity address monitor in accordance with department/agency
procedures. Activity address monitors --
(1) Approve requests for additions, deletions, or changes;
(2) Notify the executive editor, Defense Acquisition Regulations
System, OUSD(A)DP(DARS), Washington, DC 20301-3000; and
(3) Provide a copy of the notification to the executive agent.
(c) A copy of the appendix G data base is available on tape or MS-DOS
compatible floppy diskettes from the executive agent.
48 CFR 253.215-70 -- PART 2 -- ARMY ACTIVITY ADDRESS NUMBERS
DAAA03 -- B1
Pine Bluff Arsenal, ATTN: SMCPB-PO, Pine Bluff, AR 71602-9500
DAAA05 -- B2
Directorate of Contracting, Rocky Mountain Arsenal, ATTN: XRMAC-DOC,
Commerce City, CO 80022-2180
DAAA08 -- B7
Rock Island Arsenal, ATTN: SMCRI-CT, Rock Island, IL 61299-5000
DAAA09 -- BA
HQ, AMCCOM, ATTN: AMSMC-PC (R), Rock Island, IL 61299-6000
DAAA15 -- ZU
HQ, AMCCOM, ATTN: AMSMC-PC (A), Aberdeen Proving Ground, MD
21010-5423
DAAA21 -- 2T
HQ, AMCCOM, ATTN: AMSMC-PC (D), Picatinny Arsenal, NJ 07806-5000
DAAA22 -- BV
Watervliet Arsenal, ATTN: SMCWV-PP, Watervliet, NY 12189-4050
DAAA31 -- GJ
McAlester Army Ammunition Plant, ATTN: SMCMC-PC, McAlester, OK
74501-5000
DAAB07 -- BG
USA Communications-Electronics Command, ATTN: AMSEL-PC, Fort
Monmouth, NJ 07703-5000
DAAB08 -- 2V
USA Comunications-Electronics Command, ATTN: Procurement
Directorate, Base Ops, Fort Monmouth, NJ 07703-5008
DAAB10 -- ZP
Headquarters, U.S. Army Garrison, Vint Hill Farms Station, ATTN:
SELVH-PC-OP, Warrenton, VA 22186-5172
DAAC01 -- BH
Anniston Army Depot, ATTN: SDSAN-DOC, Anniston, AL 36201-5003
DAAC09 -- ZR
Sacramento Army Depot, ATTN: SDSSA-K, Sacramento, CA 95813-5021
DAAC67 -- ZN
Letterkenny Army Depot, ATTN: SDSLE-P, Chambersburg, PA 17201-4152
DAAC69 -- D2
New Cumberland Army Depot, ATTN: SDSNC-P, New Cumberland, PA
17070-5001
DAAC71 -- ZS
Tobyhanna Army Depot, ATTN: SDSTO-K, Tobyhanna, PA 18466-5100
DAAC79 -- D7
Red River Army Depot, ATTN: SDSRR-P, Texarkana, TX 75507-5000
DAAC83 -- BJ
Corpus Christi Army Depot, ATTN: SDSCC-C, Corpus Christi, TX
78419-6170
DAAC89 -- BK
Tooele Army Depot, ATTN: SDSTE-CD, Tooele, UT 84074-0839
DAAD01 -- B5
USA Yuma Proving Ground, Procurement Directorate, ATTN: STEYP-CR,
Yuma, AZ 85365-9103
DAAD03 -- B6
USA Jefferson Proving Ground, ATTN: STEJP-LG-C, Madison, IN
47250-5100
DAAD05 -- BM
USA Aberdeen Proving Ground, Support Activity, ATTN: STEAP-PR/(Bldg
No. 314), Aberdeen Proving Ground, MD 21005-5001
DAAD07 -- BN
USA White Sands Missile Range, Directorate of Contracting, ATTN:
STEWS-PR, White Sands Missile Range, NM 88002-5201
DAAD09 -- BP
USA Dugway Proving Ground, Procurement Directorate, ATTN: STEDP-DOC,
Dugway, UT 84022-0538,
DAAD10 -- ZX
USA Test & Evaluation Command, ATTN: AMSTE-PR, Aberdeen Proving
Ground, MD 21005-5055
DAAE07 -- BR
USA Tank-Automotive Command, Warren, MI 48397-5000
DAAG60 -- G8
USA Military Academy, Purchasing & Contracting Division, Bldg 667A,
ATTN: MAPC, West Point, NY 10996-1594
DAAG99 -- ZY
USA Program Manager-SANG, ATTN: AMCPM-NGA-A, APO New York, NY
09038-5005
DAAH01 -- CC
USA Missile Command, ATTN: AMSMI-PC, Redstone Arsenal, AL 35898-5280
DAAH03 -- D8
USA Missile Command, ATTN: AMSMI-PC-FC (Lab/Base Ops), Redstone
Arsenal, AL 35898-5280
DAAJ02 -- D9
Aviation Applied Technology Directorate, ATTN: SAVRT-TY-CD, Fort
Eustis, VA 23604-5577
DAAJ04
USA Charles Melvin Price Support Center, ATTN: AMSAV-PHI, Granite
City, IL 62040-1801
DAAJ05 -- ZF
USA Aviation Systems Command, Building 404, ATTN: I.A.S. 21-Working
Group, Fort Eustis, VA 23604-5577
DAAJ09 -- BS
USA Aviation Systems Command, 4300 Goodfellow Blvd., ATTN: AMSAV-PR,
St. Louis, MO 63120-1798
DAAK01 -- BB
USA Troop Support Command (TROSCOM), 4300 Goodfellow Blvd., ATTN:
AMSTR-PYMB, St. Louis, MO 63120-1798
DAAK60 -- C5
USA Natick Research, Development and Engineering Center, Directorate
of Procurement, ATTN: AMSTR-PN, Natick, MA 01760-5011
DAAK70 -- E1
USA Belvoir Research, Development and Engineering Center, Procurement
& Production Directorate, ATTN: AMSTR-PBP, Fort Belvoir, VA 22060-5606
DAAL01 -- 1Y
Electronics Technology & Devices Laboratory, ATTN: SLCET-DP, Fort
Monmouth, NJ 07703-5302
DAAL02 -- D3
USA Laboratory Command Installation, Support Activity, 2800 Powder
Mill Road, ATTN: SLCIS-C, Adelphi, MD 20783-1145
DAAL03
U.S. Army Research Laboratory, P.O. Box 12211, ATTN: SLCRO-PR,
Research Triangle Park, NC 27709-2211
DAAL04 -- D6
USA Materials Technology Laboratory, Arsenal Street, ATTN: SLCMT-PR,
Watertown, MA 02172-0001
DABT01 -- F6
Commander, U.S. Army Aviation Center, Contracting Office, Building
T-00116, ATTN: ATZQ-C, Fort Rucker, AL 36362-5000
DABT02 -- 2A
Commander, U.S. Army Chemical and Military Police Centers and Fort
McClellan, ATTN: ATZN-DOC, Fort McClellan, AL 36205-5000
DABT10 -- 2B
Commander, U.S. Army Infantry Center and Fort Benning, Bldg. 35,
ATTN: ATZB-KTC, Fort Benning, GA 31905-5000
DABT11 -- 2C
Commander, U.S. Army Signal Center and Fort Gordon, Building 2050,
ATTN: ATZI-CT, Fort Gordon, GA 30905-5041
DABT15 -- F9
Commander, U.S. Army Soldier Support Center and Fort Benjamin
Harrison, ATTN: ATZI-CT, Fort Benjamin Harrison, IN 46216-5230
DABT19 -- 2D
Commander, U.S. Army Combined Arms Center and Fort Leavenworth, ATTN:
ATZL-GDC, Fort Leavenworth, KS 66027-5000
DABT23 -- 2E
Commander, U.S. Army Armor Center and Fort Knox, Bldg. 4022, ATTN:
ATZK-DC, Fort Knox, KY 40121-5000
DABT31 -- 2F
Commander, U.S. Army Engineer Center and Fort Leonard Wood, ATTN:
ATZT-DOC, Fort Leonard Wood, MO 65473-5000
DABT35 -- 2G
Commander, U.S. Army Training Center and Fort Dix, Bldg. 5418, ATTN:
ATZD-CO, Fort Dix, NJ 08640-6150
DABT39 -- 2H
Commander, U.S. Army Field Artillery Center and Fort Sill, ATTN:
ATZR-Q, Fort Sill, OK 73503-0501
DABT43 -- 2J
Commander, Carlisle Barracks, Bldg. 46, ATTN: ATZE-DOC, Carlisle
Barracks, PA 17013-5002
DABT47 -- 2K
Commander, U.S. Army Training Center and Fort Jackson, Bldg. 4350,
ATTN: ATZJ-DOC, Fort Jackson, SC 29207-5490
DABT51 -- 2L
Commander, U.S. Army Air Defense Artillery Center & Fort Bliss, P.O.
Box 6078, ATTN: ATZC-DOC, Fort Bliss, TX 79906-0078
DABT57 -- 2N
Commander, U.S. Army Transportation Center and Fort Eustis, Bldg.
2746, ATTN: ATZF-CO, Fort Eustis, VA 23604-5000
DABT58 -- 2P
Commander, Fort Monroe, Bldg. T-195, ATTN: ATZG-C 62, Fort Monroe,
VA 23651-6000
DABT59 -- 2Q
Commander, U.S. Army Quartermaster Center and Fort Lee, Bldg.
T-7124, ATTN: ATZM-DC, Fort Lee, VA 23801-5000
DABT60 -- 1L
Director, TRADOC Contracting Activity, ATTN: ATCA, Fort Eustis, VA
23604-5538
DABT61 -- BF
Commandant, The Judge Advocate General's School, USA, ATTN:
JAGS-SSL, Charlottesville, VA 22904-1781
DABT63 -- BL
Commander, U.S. Army Information Systems Command, ATTN: ASQH-DOC,
Fort Huachuca, AZ 85613-5000
DABT64 -- YV
Chief, Purchasing and Contracting Office, Bldg. 440, ATTN: ATZR-ZQ,
Fort Chaffee, AR 72905-5000
DABT65
Mission Contracting Activity at Fort Leavenworth, ATTN: MCAL, Fort
Leavenworth, KS 66027-5000
DACA01, DACW01 -- CK
USA Engineer District, Mobile, P.O. Box 2288, Mobile, AL 36628-0001
DACA03, DACW03 -- CL
USA Engineer District, Little Rock, P.O. Box 867, Little Rock, AR
72203-0867
DACA05, DACW05 -- CM
USA Engineer District, Sacramento, 650 Capital Mall, Sacramento, CA
95814-4794
DACA06, DACW06 -- CN
USA Engineer Division, South Pacific, 630 Sansone Street, Room 1216,
San Francisco, CA 94111-2206
DACA07, DACW07 -- CP
USA Engineer District, San Francisco, 211 Main Street, San Francisco,
CA 94105-1905
DACA09, DACW09 -- CQ
USA Engineer District, Los Angeles, P.O. Box 2711, Los Angeles, CA
90053-2325
DACA17, DACW17 -- CS
USA Engineer District, Jacksonville, P.O. Box 4970, Jacksonville, FL
32232-0019
DACA19, DACW19 -- CU
USA Engineer Division, South Atlantic, 77 Forsyth Street, S.W., Room
313, Atlanta, GA 30335-6801
DACA21, DACW21 -- CV
USA Engineer District, Savannah, P.O. Box 889, Savannah, GA
31402-0889
DACA22, DACW22 -- CW
USA Engineer Division, North Central, 536 South Clark Street,
Chicago, IL 60605-1592
DACA23, DACW23 -- CX
USA Engineer District, Chicago, 219 South Dearborn Street, Chicago,
IL 60604-1797
DACA25, DACW25 -- CD
USA Engineer District, Rock Island, P.O. Box 2004, Rock Island, IL
61204-2004
DACA27, DACW27 -- CY
USA Engineer District, Louisville, P.O. Box 59, Louisville, KY
40201-0059
DACA29, DACW29 -- CZ
USA Engineer District, New Orleans, P.O. Box 60267, New Orleans, LA
70160-0267
DACA31, DACW31 -- DA
USA Engineer District, Baltimore, P.O. Box 1715, Baltimore, MD
21203-1715
DACA33, DACW33 --
USA Engineer District, New England, 424 Trapelo Road, Waltham, MA
02254-9149
DACA35, DACW35 -- DC
USA Engineer District, Detroit, P.O. Box 1027, Detroit, MI 48231-1027
DACA37, DACW37 -- DD
USA Engineer District, St. Paul, 1421 USPO a Custom House, 180 East
Kellogg Boulevard, St. Paul, MN 55101-1427
DACA38, DACW38 -- DE
USA Engineer District, Vicksburg, P.O. Box 60, Vicksburg, MS
39180-0060
DACA39, DACW39 -- DF
USA Engineer Water-Ways, Experiment Station, P.O. Box 631, Vicksburg,
MS 39181-0631
DACA40, DACW40 -- DG
USA Engineer Division, Lower Mississippi Valley, P.O. Box 80,
Vicksburg, MS 39181-0080
DACA41, DACW41 -- DH
USA Engineer District, Kansas City, 700 Federal Bldg., 601 East 12th
Street, Kansas City, MO 64106-2896
DACA43, DACW43 -- DJ
USA Engineer District, St. Louis, 210 Tucker Boulevard North, St.
Louis, MO 63101-1986
DACA45, DACW45 -- DK
USA Engineer District, Omaha, 215 North 17th Street, Omaha, NE
68102-4978
DACA46, DACW46 -- DL
USA Engineer Division, Missouri River, P.O. Box 103, Downtown
Station, Omaha, NE 68101-0103
DACA47, DACW47 -- DM
USA Engineer District, Albuquerque, P.O. Box 1580, Albuquerque, NM
87103-1580
DACA49, DACW49 -- DN
USA Engineer District, Buffalo, 1776 Niagara Street, Buffalo, NY
14207-3199
DACA51, DACW51 -- CE
USA Engineer District, New York, 26 Federal Plaza, New York, NY
10278-0090
DACA52, DACW52 -- DP
USA Engineer Division, North Atlantic, 90 Church Street, New York, NY
10007-2979
DACA54, DACW54 -- DQ
USA Engineer District, Wilmington, P.O. Box 1890, Wilmington, NC
28402-1890
DACA55, DACW55 -- DR
USA Engineer Division, Ohio River, P.O. Box 1159, Cincinnati, OH
45201-1159
DACA56, DACW56 -- DS
USA Engineer District, Tulsa, P.O. Box 61, Tulsa, OK 74121-0061
DACA57, DACW57 -- DT
USA Engineer District, Portland, P.O. Box 2496, Portland, OR
97229-2946
DACA58, DACW58 -- DU
USA Engineer Division, North Pacific, P.O. Box 2870, Portland, OR
97208-2870
DACA59, DACW59 -- DV
USA Engineer District, Pittsburgh, William S. Moorehead Federal
Bldg., 1000 Liberty Avenue, Pittsburgh, PA 15222-4186
DACA60, DACW60 -- DW
USA Engineer District, Charleston, P.O. Box 919, Charleston, SC
29402-0919
DACA61, DACW61 -- CF
USA Engineer District, Philadelphia, Custom House, 2nd & Chestnut
Streets, Philadelphia, PA 19106-2991
DACA62, DACW62 -- DX
USA Engineer District, Nashville, P.O. Box 1070, Nashville, TN
37202-1070
DACA63, DACW63 -- DY
USA Engineer District, Fort Worth, P.O. Box 17300, Fort Worth, TX
76102-0300
DACA64, DACW64 -- DZ
USA Engineer District, Galveston, P.O. Box 1229, Galveston, TX 77553
DACA65, DACW65 -- EA
USA Engineer District, Norfolk, 803 Front Street, Norfolk, VA
23510-1096
DACA66, DACW66 -- EB
USA Engineer District, Memphis, 167 N. Mid-America Mall, B-202,
Clifford Davis Federal Bldg., Memphis, TN 38103-1894
DACA67, DACW67 -- EC
USA Engineer District, Seattle, P.O. Box C-3755, Seattle, WA
98124-2255
DACA68, DACW68 -- YW
USA Engineer District, Walla Walla, Building 602, City-County
Airport, Walla Walla, WA 99362-9265
DACA69, DACW69 -- CG
USA Engineer District, Huntington, 502 8th Street, Huntington, WV
25701-2070
DACA70, DACW70 -- YX
USA Engineer Division, Southwestern, 1114 Commerce Street, Dallas, TX
75242-0216
DACA72, DACW72 -- ZA
USA Humphreys Engineer Center, Support Activity, Kingman Building,
Fort Belvoir, VA 22060
DACA73, DACW73 -- CH
Headquarters, U.S. Army Corps of Engineers, 20 Massachusetts Avenue,
N.W., ATTN: CEPR, Washington, DC 20314-1000
DACA75, DACW75 -- ZC
USA Engineer Division, Middle East, APO New York, NY 09038
DACA76, DACW76 -- ZD
USA Engineer Topographic Laboratories, Cude Bldg. 2592, Fort
Belvoir, VA 22060-5546
DACA78, DACW78 -- 9V
USA Engineer Middle East/Africa, Projects Office, P.O. Box 2250,
Winchester, VA 22601-1450
DACA79, DACW79 -- 2R
USA Engineer District, Japan, APO San Francisco, CA 96343-0061
DACA81 -- DACW81
USA Engineer District, Far East, APO San Francisco, CA 96301-0427
DACA84, DACW84 -- ZH
USA Engineer Division, Pacific Ocean, Building 230, Fort Shafter, HI
96858-5440
DACA85, DACW85 -- ZJ
USA Engineer District, Alaska, P.O. Box 898, Anchorage, AK 99506-0898
DACA86 -- DACW86
USA Engineer District, Riyadh, APO New York, NY 09038
DACA87, DACW87 -- ZW
USA Engineer Division, Huntsville, P.O. Box 1600, Huntsville, AL
35807-4301
DACA88, DACW88 -- 0S
USA Construction Engineering, Research Laboratory, P.O. Box 4005,
Champaign, IL 61824-4005
DACA89, DACW89 -- Z
USA Cold Regions Research and Engineering Laboratory, 72 Lyme Road,
Hanover, NH 03755-1290
DACA90 -- DACW90
USA Engineer Division, Europe, ATTN: CEEUD-CT, APO New York, NY
09757-5301
DADA01 -- 2S
Letterman Army Medical Center, Bldg 1060, ATTN: HSHH-LCP, Presido of
San Francisco, CA 94129-6700
DADA03 -- 8W
Fitzsimons Army Medical Center, Directorate of Contracting, Bldg 205,
ATTN: HSHG-LOC, Aurora, CO 80045-5001
DADA09 -- YY
William Beaumont Army Medical Center, P.O. Box 70003, ATTN: HSAA-W,
El Paso, TX 79920-5001
DADA10 -- ZQ
USA Health Services Command, Bldg 129, Central Contracting Activity,
ATTN: HSAA-C, Fort Sam Houston, TX 78234-6000
DADA11 -- 0V
Brooke Army Medical Center, Contracting Branch, Log Div., ATTN:
HSHE-LOC, Fort Sam Houston, TX 78234-6200
DADA13 -- 0W
Madigan Army Medical Center, Purchasing and Contracting Office, ATTN:
HSAA-M, Tacoma, WA 98431-5100
DADA15 -- 0X
Walter Reed Army Medical Center, Directorate of Industrial
Operations, Bldg T-20, lst Floor, ATTN: HSHL-ZF(SD), Washington, DC
20307-5001
DADA16 -- 0Y
Tripler Army Medical Center, Contracting Office, Bldg 160, ATTN:
HSHK-LD-PC, Tripler AMC, HI 96859-5000
DAEA08 -- E4
Headquarters, 7th Signal Command & Ft. Ritchie, Office of
Acquisition, Bldg 148, ATTN: ASN-OA-PC, Fort Ritchie, MD 21719-5010
DAEA16 -- E7
Headquarters, 5th Signal Command, DCSLOG, ATTN: ASE-LG-CT, APO New
York, NY 09056-3104
DAEA20 -- E8
Commander, HQ, lst Signal Brigade, ATTN: ASQK-AM, APO San Francisco,
CA 96301-0044
DAEA31 -- 1K
USAISC, Directorate of Contracting, Fort Devens, ATTN: ASPC-D,
Ayers, MA 01433-5340
DAEA32 -- Y6
HQ, USAISC, Office of Acquisition Management, ATTN: ASPC-T, Fort
Huachuca, AZ 85613-5000
DAHA01 -- 9B
USPFO for Alabama, P. O. Box 3715, Montgomery, AL 36193-4801
DAHA02 -- 0G
USPFO for Arizona, 5636 E. McDowell Road, Phoenix, AZ 85008-3495
DAHA03 -- 9D
USPFO for Arkansas, Camp Robinson, North Little Rock, AR 72118-2200
DAHA04 -- 9N
USPFO for California, P.O Box 8104, San Luis Obispo, CA 93403-8104
DAHA05 -- Z0
USPFO for Colorado, Camp George West, Golden, CO 80401-3997
DAHA06 -- 1S
USPFO for Connecticut, State Armory, 360 Broad Street, ATTN:
Contracting Officer, Hartford, CT 06105-3795
DAHA07 -- 9A
USPFO for Delaware, Grier Bldg., 1161 River Road, New Castle, DE
19720-5199
DAHA08 -- 2W
USPFO for Florida, P.O. Box 1008, St. Augustine, FL 32085-1008
DAHA09
USPFO for Georgia, P.O. Box 17882, Atlanta, GA 30316-0882
DAHA10 -- 2Y
USPFO for Idaho, P.O. Box 45, Boise, ID 83707-4501
DAHA11 -- 9E
USPFO for Illinois, 1301 North McArthur Blvd., Springfield, IL
62702-2399
DAHA12 -- 4E
USPFO for Indiana, P.O. Box 41346, Indianapolis, IN 46241-0346
DAHA13 -- 9L
USPFO for Iowa, Camp Dodge, 7700 NW Beaver Drive, Johnston, IA
50131-1902
DAHA14 -- 4Z
USPFO for Kansas, P.O. Box 2099, Topeka, KS 66601-2099
DAHA15 -- 6P
USPFO for Kentucky Boone National Guard Center Frankfort, KY
40601-6192
DAHA16 -- 0A
USPFO for Louisiana, Jackson Barracks, New Orleans, LA 70146-0330
DAHA17 -- 0B
USPFO for Maine, Camp Keys, Augusta, ME 04333-0032
DAHA18 -- 0C
USPFO for Maryland, State Mil Reservation, 301 Old Bay Lane, Havre de
Grace, MD 21078-4094
DAHA19 -- 0D
USPFO for Massachusetts, 143 Speen Street, ATTN: Contracting
Officer, Natick, MA 01760-2599
DAHA20 -- 9F
USPFO for Michigan, 3111 W St. Joseph Street, Lansing, MI 48913-5102
DAHA21 -- 9K
USPFO for Minnesota, P.O. Box 288, Camp Ripley, Little Falls, MN
56345-0288
DAHA22
USPFO for Mississippi, 144 Military Drive, Jackson, MS 39208-8880
DAHA23 -- 9H
USPFO for Missouri, 1715 Industrial Avenue, Jefferson City, MO
65101-1468
DAHA24 -- 9P
USPFO for Montana, P.O. Box 1157, Helena, MT 59624-1157
DAHA25
USPFO for Nebraska, 1234 Military Road, Lincoln, NE 68508-1092
DAHA26
USPFO for Nevada, 2601 South Carson Street, Carson City, NV
89701-5596
DAHA27
USPFO for New Hampshire, P.O. Box 2003, Concord, NH 03301-2003
DAHA28 -- ZK
USPFO for New Jersey, 131 Eggert Crossing Road, Lawrenceville, NJ
08648-2805
DAHA29
USPFO for New Mexico, P.O. Box 4277, ATTN: Contracting Officer,
Santa Fe, NM 87502-4277
DAHA30
USPFO for New York, 330 Old Niskayuna Road, Latham, NY 12110-2224
DAHA31
USPFO for North Carolina, 4201 Reedy Creek Road, Raleigh, NC
27607-6412
DAHA32
USPFO for North Dakota, P.O. Box 5511, Bismarck, ND 58502-5511
DAHA33 -- 9M
USPFO for Ohio, 2811 W. Granville Road, Columbus, OH 43235-2712
DAHA34 -- 9J
USPFO for Oklahoma, 3501 Military Circle, N.E., Oklahoma City, OK
73111-4398
DAHA35
USPFO for Oregon, P.O. Box 14840, ATTN: USPFO-P, Salem, OR
97309-5008
DAHA36
USPFO for Pennsylvania, Dept. of Military Affairs, ATTN:
Contracting Officer, Annville, PA 17003-5003
DAHA37
USPFO for Rhode Island, 330 Camp Street, Providence, RI 02906-1954
DAHA38
USPFO for South Carolina, 9 National Guard Road, Columbia, SC
29201-4766
DAHA39
USPFO for South Dakota, Camp Rapid, Rapid City, SD 57702-8186
DAHA40
USPFO for Tennessee, Powell Avenue, P.O. Box 40748, Nashville, TN
37204-0748
DAHA41 -- 9C
USPFO for Texas, P.O. Box 5218, ATTN: Contracting Officer, Austin,
TX 78563-5218
DAHA42
USPFO for Utah, P.O. Box 2000, Draper, UT 84020-2000
DAHA43
USPFO for Vermont, Camp Johnson, Bldg. 3, Colchester, VT 05446-3004
DAHA44
USPFO for Virginia, 501 East Franklin Street, Richmond, VA 23219-2317
DAHA45
USPFO for Washington, Camp Murray, Tacoma, WA 98430-5000
DAHA46
USPFO for West Virginia, 50 Armory Road, Buckhannon, WV 26201-2396
DAHA47 -- 9G
USPFO for Wisconsin, Camp Douglas, WI 54618-9002
DAHA48
USPFO for Wyoming, P.O. Box 1709, Cheyenne, WY 82003-1709
DAHA49
USPFO for the District of Columbia, Bldg. 350, Anacostia Naval Air
Station, Washington, DC 20315-0001
DAHA50
USPFO for Hawaii, 3949 Diamond Head Road, Honolulu, HI 96816-4495
DAHA51
USPFO for Alaska, 800 E. Diamond Blvd. 3-580, Anchorage, AK
99515-2097
DAHA70
USPFO for Puerto Rico, P.O. Box 3786, San Juan, PR 00904-3786
DAHA72
USPFO for Virgin Islands, 11-12 Golden Rock, Christiansted, St.
Croix, VI 00820-1050
DAHA74
USPFO for Guam, P.O. Box 56, NAS, FPO San Francisco, CA 96637-1256
DAHA90
National Guard Bureau, Contracting Support, 5109 Leesburg Pike, Suite
401-B, Falls Church, VA 22041-3201
DAHC21 -- G3
MTMC Eastern Area, Acquisition Division, Bldg. 42, Military Ocean
Terminal, ATTN: MTEA-LOA, Bayonne, NJ 07002-5302
DAHC22
HQ MTMC, Directorate of Passenger Traffic, 5611 Columbia Pike, ATTN:
MTPT, Falls Church, VA 22041-5050
DAHC23 -- G4
MTMC, Western Area, Oakland Army Base, ATTN: MTWA-LOA, Oakland, CA
94026-5000
DAHC24 -- 1B
HQ MTMC Acquisition Division, 5611 Columbia Pike, ATTN: MT-LOA,
Falls Church, VA 22041-5050
DAHC26 -- 0E
HQ MTMC, TOPS Project Management Office, ATTN: MT-TP, Fort Belvoir,
VA 22060-5898
DAHC30 -- 0F
MDW, DCS for Acquisition, Bldg. 15, Cameron Station, Alexandria, VA
22304-5050
DAHC32 -- 0M
National Defense University, Bldg. 59/Contracting Office Rm. 113,
Fort Leslie J. McNair, Washington, DC 20319
DAHC35 -- 2M
Ft. Belvoir Directorate of Contracting, Bldg. T742, Fort Belvoir, VA
22060-5075
DAHC76 -- 8U
HQS, 6th Inf Div(L) & USA Garrison, AK, Directorate of Contracting,
P.O. Box 5-525, ATTN: APVR-DOC, Fort Richardson, AK 99505-0525
DAHC77 -- CJ
U.S. Army Support Command, Hawaii, ATTN: APZV-KO, Fort Shafter, HI
96858-5025
DAHC90 -- YJ
U.S. Army Intelligence and Security Command (INSCOM), Contract
Support Activity, ATTN: IAPARC-CSA, Fort Belvoir, VA 22060-5368
DAHC92 -- 1V -- ZT
U.S. Army South, U.S. Army Garrison -- Panama, Directorate of
Contracting, ATTN: SOCO-CO, APO Miami, FL 34002-5000
DAHC94 U.S. Army, Information Systems Selection BD and Acquisition
Agency (ISSAA) 2461 Eisenhower Avenue Alexandria, VA 22331-0700
DAJA01 Regional Contracting Office, 9Q Vicenza ATTN: AEUCC-I APO New
York, NY 09221-5122
DAJA02 Regional Contracting Office G5 Seckenheim ATTN: AEUCC-S APO
New York, NY 09333-5000
DAJA04 Regional Contracting Office 9R Fuerth ATTN: AEUCC-FU APO New
York, NY 09696-5345
DAJA06 Regional Contracting Office, 9S Stuttgart ATTN: AEUCC-ST APO
New York, NY 09154-0503
DAJA09 Giessen Suboffice, BT RCO Frankfurt ATTN: AEUCC-F-G APO New
York, NY 09169
DAJA10 Regional Contracting Office, 9U Augsburg ATTN: AEUCC-A APO
New York, NY 09178-0505
DAJA16 Regional Contracting Office, 8X Grafenwoehr ATTN: AEUCC-G APO
New York, NY 09114-5413
DAJA23 Directorate of Contracting, 9W USA Berlin ATTN: AEBA-C APO
New York, NY 09742-5003
DAJA25 Regional Contracting Office, 9X Bremerhaven ATTN: AEUCC-BR
APO New York, NY 09069-5505
DAJA37 USAREUR Contracting Center G6 ATTN: AEUCC-C APO New York, NY
09710-5345
DAJA45 Regional Contracting Office, 9Y Burtonwood ATTN: AEUCC-BW APO
New York, NY 09075-3738
DAJA61 HQ USAREUR & 7th Army 9Z ATTN: Regional Contracting Office
Benelux APO New York, NY 09667-5005
DAJA76 Regional Contracting Office, 8V Frankfurt Box 73 ATTN:
AEUCC-F APO New York, NY 09710-5345
DAJA83 Rheinberg Suboffice, 2Z RCO Bremerhaven ATTN: AEUCC-BR-R APO
New York, NY 09712-5511
DAJA84 Fulda Suboffice, B0 RCO Frankfurt ATTN: AEUCC-F-FD APO New
York, NY 09146
DAJA85 Hanau Suboffice, B8 RCO Frankfurt ATTN: AEUCC-F-H APO New
York, NY 09165-5345
DAJA86 Mainz-Kastel Suboffice, C0 RCO Frankfurt ATTN: AEUCC-F-MK APO
New York, NY 09457
DAJA87 Mid-East CAS Branch D0 USAREUR Contract Center ATTN:
AEUCC-C-CI APO New York, NY 09672-0008
DAJA88 United Kingdom CAS Branch E0 USAREUR Contract Center ATTN:
AEUCC-C-CU APO New York, NY 09083-5000
DAJA89 Wuerzburg Suboffice, F0 RCO Fuerth ATTN: AEUCC-FU-W APO New
York, NY 09800-2013
DAJA90 Bad Kreuznach Suboffice, 0T RCO Frankfurt ATTN: AEUCC-F-BK
APO New York, NY 09252-0029
DAJB03 U.S. Army Korea Contracting Agency F4 ATTN: EAKC-CO APO San
Francisco, CA 96301-0062
DAKF01 Directorate of Contracting 1A ATTN: AFKC-ZM-DOC Presidio of
San Francisco, CA 94129-5000
DAKF03 Directorate of Contracting 0Q P.O. Box 27 ATTN: AFZW-DOC Fort
Ord, CA 93941-0027
DAKF04 Directorate of Contracting ZE P.O. Box 10039 ATTN: AFZJ-DC
Fort Irwin, CA 92310-5000
DAKF06 Directorate of Contracting 1C Building 6222 ATTN: AFZC-DOC
Fort Carson, CO 80913-5022
DAKF10 Directorate of Contracting 1D ATTN: AFZP-DC Fort Stewart, GA
31314-5189
DAKF11 Directorate of Contracting 1E ATTN: AFZK-DOC Fort McPherson,
GA 30330-5000
DAKF12 FORSCOM Central Contracting Office BC ATTN: FCJ4-PRC Fort
McPherson, GA 30330-6000
DAKF15 Directorate of Contracting 1F ATTN: AFKE-ZO-DOC Fort
Sheridan, IL 60037-5000
DAKF19 Directorate of Contracting 1G ATTN: AFZN-DOC Fort Riley, KS
66442-0248
DAKF23 Directorate of Contracting 1H ATTN: AFZB-DOC Fort Campbell,
KY 42223-1100
DAKF24 -- G1
Directorate of Contracting, ATTN: AFZX-DOC, Fort Polk, LA 71459-5000
DAKF27 -- 1J
Directorate of Contracting, ATTN: AFKA-ZI-DOC, Fort George G.
Meade, MD 20755-5081
DAKF36 -- 1M
Directorate of Contracting, ATTN: AFZS-DOC, Fort Drum, NY 13602-5220
DAKF40 -- 1N
Directorate of Contracting, Drawer 70120, ATTN: AFZA-DC, Fort Bragg,
NC 28307-0120
DAKF48 -- 1Q
Directorate of Contracting, ATTN: AFZF-DOC, Fort Hood, TX 76544-5059
DAKF49 -- 1R
Directorate of Contracting, ATTN: AFZG-DOC, Fort Sam Houston, TX
78234-5000
DAKF57 -- 1T
Directorate of Contracting, ATTN: AFZH-DOC, Fort Lewis, WA
98433-5000
DAKF61 -- 1U
Directorate of Contracting, ATTN: AFZR-DOC, Fort McCoy, WI
54656-5000
DAMD17 -- B3
US Army Medical Research, Acquisition Activity, Fort Detrick, ATTN:
SGRD-RMA, Frederick, MD 21702-5014
DASG60 -- CB
USA Strategic Defense Command, Deputy Commander, P.O. Box 1500, ATTN:
CSSD-CM-AC, Huntsville, AL 35807-3801
48 CFR 253.215-70 -- PART 3 -- NAVY ACTIVITY ADDRESS NUMBERS
*An asterisk indicates a two-digit code of a major command, which is
shared with subordinate activities. Such subordinate activities will
indicate the Unit Identification Code of the major command in
parentheses, e.g. (MAJ00011).
N00011, LB* -- LBZ
Chief of Naval Operations, Washington, DC 20350-2000
N00012, HX*, V8* -- V8Y
Assistant for Administration, Under Secretary of the Navy,
Washington, DC 20350
N00013 -- MR
Judge Advocate General, Navy Department, 200 Stovall Street,
Alexandria, VA 22332
N00014, EE* -- EE0-9
Office of Naval Research, Arlington, VA 22217
N00015, L0* -- L0Z
Naval Intelligence Command HQ (Suitland, MD), 4600 Silver Hill Road,
Washington, DC 20389
N00018, MC*, MD*, J5*, QA* -- MCZ
Bureau of Medicine and Surgery, Washington, DC 20372-5120
N00019, EF*, GU* -- EF0-9
Naval Air Systems Command, Washington, DC 20361
N00023, 4J*, L5* -- 4J0-9
Commander, Naval Supply Systems Command, Washington, DC 20376
N00024, EH*, U0* -- EH0-9
Naval Sea Systems Command, Washington, DC 20360
N00025, EJ*, FZ* -- EJ0-9
Naval Facilities Engineering Command, 200 Stovall Street, Alexandria,
VA 22332
N00030, EK* -- EK0-9
Strategic Systems Programs, Department of the Navy, Washington, DC
20376-5002
N00033, EL* -- EL0-9
Commander, Military Sealift Command, Washington, DC 20390
N00039, NS* -- NS0-9
Space and Naval Warfare Systems Command, Washington, DC 20360
N00060, LH*, J0* -- LHZ
Commander-in-Chief, Atlantic Fleet, Norfolk, VA 23511
N00061, NL* -- NLZ
Commander-in-Chief, U.S. Naval Forces, Europe (London, U.K.), FPO New
York 09510
N00062, 8A*, L9*, R0* -- 8A0-9
Chief of Naval Education and Training, Code 013, NAS, Pensacola, FL
32508-5100
N00063, NT* -- NTZ
Naval Computer and Telecommunications Command, 4401 Massachusetts
Avenue, NW., Washington, DC 20394-5290
N00065, S0* -- S0Z
Naval Oceanography Command, Stennis Space Center, Bay St. Louis, MS
39529-5000
N00069, 8Q* -- 8QZ
Naval Security Group HQ, 3801 Nebraska Avenue, NW., Washington, DC
20390-0008
N00070, LP*, V5*, 4L* -- LPZ
Commander in Chief Pacific Fleet, NAVBASE, Pearl Harbor, HI
96860-7000
N00072, 9T*, LC* -- 9TZ
Commander, Naval Reserve Force, Code 17, New Orleans, LA 70146
N00074, QH* -- QHZ
Naval Special Warfare Command, NAVPHIBASE Coronado, San Diego, CA
92155
N00101 -- 3R
Naval Air Station, South Weymouth, MA 02190
N00102 -- EN
Portsmouth Naval Shipyard, Portsmouth, NH 03801
N00104, EP -- EQ
Navy Ships Parts Control Center, Mechanicsburg, PA 17055
N00105 -- JT
Naval Medical Clinic, NAVSHIPYD, Portsmouth, NH 03801
N00109 -- F1
Naval Weapons Station, Yorktown, VA 23491
N00123 -- ES
Commanding Officer, Naval Regional Contracting Center, 937 N. Harbor
Drive, San Diego, CA 92132-5106
N00124 -- M5
Naval War College, Newport, RI 02840
N00127 -- H1
Naval Air Station, Quonset Point, RI 02819
N00128 -- EU
Supply Department, Naval Administrative Command, Naval Training
Station, Great Lakes, IL 60088
N00129 -- EV
Submarine Base, New London, Groton, CT 06340
N00140, EX -- LA
Commanding Officer, Naval Regional Contracting Center, Naval Base
Bldg. No. 600, Philadelphia, PA 19112
N00146 -- QK
Marine Corps Air Station, Cherry Point, NC 28533
N00151 -- EY
Philadelphia Naval Shipyard, Philadelphia, PA 19112
N00153 -- N0
Governor, Naval Home, 01800 East Beach Blvd., Gulfport, MS 39501
N00158 -- 3V
Naval Air Station, Willow Grove, PA 19090
N00161 -- FA
Naval Academy, Annapolis, MD 21402
N00162 (MAJ00018) -- MDG-H
Naval Medical Clinic, Annapolis, MD 21402-5050
N00163 -- FB
Naval Air Warfare Center, Aircraft Division Indianapolis, 21st and
Arlington Avenue, Indianapolis, IN 46218
N00164 -- FC
Naval Surface Warfare Center, Crane Division, Crane, IN 47522
N00166 (MAJ00072) -- LC0-1
Naval Air Facility, Bldg 3086, Andrews AFB, Washington, DC 20396-5130
N00167 -- FD
Naval Surface Warfare Center, Carderock Division, Bethesda, MD
20084-5000
N00168 -- FE
National Naval Medical Center, National Capital Region, Bethesda, MD
20014
N0017A --
Atlantic Fleet Weapons Training, Facility (Code 51) (Roosevelt Roads,
PR), Naval Station, Box 3023, FPO Miami, FL 34051
N00171 -- N5
HQ, Naval District Washington, Washington Navy Yard, Washington, DC
20374
N00173 -- FF
Naval Research Laboratory, Washington, DC 20390
N00174 -- FG
Naval Surface Warfare Center, Indian Head Division, Indian Head, MD
20640
N00178
Naval Surface Warfare Center, Dahlgren Division, Dahlgren, VA 22448
N00181 -- FJ
Norfolk Naval Shipyard, Portsmouth, VA 23709
N00183 -- JX
Commanding Officer, Naval Hospital, Portsmouth, VA 23708-5100
N00187 -- 3J
Navy Public Works Center, Norfolk, VA 23511
N00188 -- H2
Naval Air Station, Norfolk, VA 23511
N00189 -- FK, H3
Naval Supply Center, Norfolk, VA 23512
N00191 -- FL
Charleston Naval Shipyard, Naval Base, Charleston, SC 29408
N00193 (MAJ00024) -- EHD-G
Commanding Officer (Code 11), Naval Weapons Station, Charleston, SC
29408-7000
N00196 -- 3K
Commanding Officer (Code 60), Naval Air Station, Atlanta, Marietta,
GA 30060
N00197 -- FM
Naval Surface Warfare Center, Naval Ordnance Station, Crane Division,
Louisville, KY 40214
N00203 (MAJ00018) -- MCL
Commanding Officer, Naval Hospital, Pensacola, FL 32512
N00204 -- FN
Naval Air Station (Code 19P10), Pensacola, FL 32508
N00205 -- FP
Naval Support Activity (Code N443), New Orleans, LA 70146
N00206
Naval Air Station, New Orleans, LA 70146
N00207 -- FQ
Naval Air Station, Jacksonville, FL 32212
N00211 (MAJ00018) -- MCQ-S
Naval Hospital, Great Lakes, IL 60088-5230
N00213 -- H4
Naval Air Station, Key West, FL 33040
N00215 -- 3W
Naval Air Station (Code 60), Dallas, TX 75211
N00216 -- FR
Commanding Officer (Code 194), Naval Air Station, Bldg 10, Corpus
Christi, TX 78419
N00221 -- K5
Mare Island Naval Shipyard, Vallejo, CA 94592
N00228 -- FU
Naval Supply Center, Oakland, CA 94625
N00231
Commanding Officer, Naval Medical Clinic, Quantico, VA 22134
N00232 (MAJ00018) -- MCC-E
Naval Hospital, Jacksonville, FL 32214-5222
N00236 -- NX
Naval Air Station, Alameda, CA 94501
N00244 -- NW
Naval Supply Center, Naval Base, 937 North Harbor Drive, San Diego,
CA 92132
N00245 (MAJ00070) -- LPN
Naval Station, San Diego, CA 92136-5000
N00246 -- H5
Naval Air Station, North Island, San Diego, CA 92135
N00247 -- HC
Naval Training Center, San Diego, CA 92133
N00249
Commanding Officer, Civil Engineer Support Office, Naval Construction
Battalion Center, Port Hueneme, CA 93043
N00250 -- FW
Commander, Navy Exchange Service Command, NAVSTA New York, Staten
Island, NY 10305
N00251 -- FX
Puget Sound Naval Shipyard, Bremerton, WA 98314
N00253 -- FY
Commanding Officer, Naval Undersea Warfare Center, Division Keyport,
Keyport, WA 98345
N00255 (MAJ00070) -- LPS-T, LPW-Y
Naval Station Puget Sound, Seattle, WA 98115-5000
N00267 (MAJ00018) -- MC0-1
Commanding Officer, Navy Medical Clinic, Key West, FL 33040
N00274 (MAJ00072) -- LCA-B
Naval Air Facility, Detroit, Selfridge Air Force Base, Supply
Department, Mt. Clemens, MI 48045
N00275 -- 3M
Naval Air Station, Glenview, IL 60026
N00276
Naval Air Station, Twin Cities, Minneapolis, MN 55450
N00281 (MAJ00062) -- L90-1
Commanding Officer, Fleet Combat Training Center, Atlantic, Dam Neck,
Virginia Beach, VA 23461
N00285 (MAJ00018) -- MDR
Commanding Officer, Naval Hospital, Corpus Christi, TX 78419
N00288
Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia,
PA 19120
N00296 -- NY
Naval Air Station, Moffett Field, CA 94035
N00311 -- GA
Pearl Harbor Naval Shipyard, Box 400, Pearl Harbor, HI 96860
N0031A (MAJ00060) -- J0K-M
Commander, Naval Special Warfare Group Two, Naval Amphibious Base,
Little Creek, Norfolk, VA 23521-5340
N00314 -- M7
Submarine Base, Pearl Harbor, HI 96860
N00334 -- N6
Naval Air Station, Barbers Point, HI 96862
N00383 -- GB, GC
Navy Aviation Supply Office, 700 Robbins Avenue, Philadelphia, PA
19111
N00389 -- KL, MM
Contracting Officer (Code 192), U.S. Naval Station (Roosevelt Roads,
PR), Box 3002, FPO Miami 34051
N00406 -- GE
Naval Supply Center, Puget Sound, Bremerton, WA 98314
N00421 -- M8
Naval Air Warfare Center, Aircraft Division, Patuxent River, MD 20670
N00600 -- GG
Naval Regional Contracting Center, Washington Navy Yard, Washington,
DC 20374
N00604 -- NQ
Naval Supply Center, Pearl Harbor, Pearl Harbor, HI 96860
N00612 -- GH
Commanding Officer, Naval Supply Center, RCD, Code 200M, Charleston,
SC 29408
N00619 (MAJ00018) -- QA0-9
Naval Hospital, Oakland, CA 94627-5000
N00620 -- H6
Naval Air Station, Whidbey Island, Oak Harbor, WA 98277
N00639 -- H7
Commanding Officer, Naval Air Station, Memphis (84), Millington, TN
38054
N00651 -- H8
Naval Supply Depot, Subic Bay (Philippines), Box 33, FPO San
Francisco, CA 96651
N00702 (MAJ00069) -- 8QM-N
Naval Security Group Activity, Winter Harbor, ME 04693
N00743 -- 8N
Commanding Officer, Naval Computer and Telecommunications Station
(Roosevelt Roads, PR), Box 3022, FPO Miami 34051
N00788 (MAJ00063) -- NTR-S
Commanding Officer, Naval Communication Det., Washington,
(Cheltenham, MD), Washington, DC 20390
N00849 (MAJ00069) -- 8QC
Naval Security Group Activity, Skaggs Island, Sonoma, CA 95476-5000
N00886 -- QB
Naval Communication Station, San Francisco, Rough and Ready Island,
Stockton, CA 95203
N00927 (MAJ00063) -- NTA
U.S. Naval Computer and Telecommunications Station (San Miguel, Cubi
Point, Philippines), FPO San Francisco 96656-1803
N00950 -- 8R
Naval Computer and Telecommunications Area, Master Station, EASTPAC,
Wahiawa, HI 96786
N0417A (MAJ00025) -- EJA
Naval Support Facility, P.O. Box 1000, Thurmont, MD 21788
N0428A -- 3Q
Naval Air Station, Patuxent River, MD 20670
N0429A -- 3A
Naval Air Warfare Center, Weapons Division, Point Mugu, CA 93042
N0434A (N62980) -- MQL
United States Navy Band, Washington Navy Yard, Washington, DC
20374-1052
N0463A (MAJ00024) -- EHC
Commanding Officer, Navy Experimental Diving Unit, NAVCOASTSYSCEN,
Bldg. 321 Panama City, FL 32401
V04697 (MAJ00060) -- LHA
USS Simon Lake, FPO Miami, FL 34085-2590
N0597A (MAJ00012) -- HXP-W
Director, Office of Civilian Personnel Management, Southeast Region,
Bldg A-67, Naval Base, Norfolk, VA 23511-6098
N0598A (MAJ00012) -- HXN
Director, Office of Civilian Personnel Management, Pacific Division,
Box 119, Pearl Harbor, HI 96860-5060
N0604A (MAJ00012) -- HXJ-L
Director, Office of Civilian Personnel Management, Northwest Region,
2890 North Main Street, Suite 301, Walnut Creek, CA 94596-2739
N0605A (MAJ00012) -- HXG-H
Director, Office of Civilian Personnel Management, Northeast Region,
Bldg 75-3, Naval Base, Philadelphia, PA 19112-5006
N0618A (MAJ00062) -- 8AE
School of Music, Naval Amphibious Base, Little Creek, Norfolk, VA
23521-5240
N0619A -- 8E
Naval Health Sciences Education & Training Command, NAVMEDCOM
NATCAPREG, Bethesda, MD 20814
N0708A (MAJ00024) -- U0A-B
Naval Warfare Engineering Activity, Port Hueneme Division, Naval
Surface Warfare Center, Yorktown, VA 23961-5076
N08939
Navy Section, US Military Group (Caracas, Venezuela), Department of
State, Washington, DC 20521
N09534
Navy Section, US Military Group (Lima, Peru), APO Miami 34031
N09550 -- 4G
Commander, Fleet Air Mediterranean (Naples, Italy), FPO New York, NY
09521
N30492 (MAJ00039) -- NSC
David W. Taylor Naval Ship Research and Development Center
Detachment, Puget Sound, Bremerton, WA 98324-5215
N30776 -- 4N
Naval Air Station, Kingsville Auxiliary Landing Field Detachment,
Orange Grove, TX 77630
N30779 -- 3Z
Naval Auxiliary Landing Field, Goliad, TX 77963
N30829 (MAJ00061) -- NL0-2
Officer in Charge, Naval Support Activity, Naples Detachment (Gaeta,
Italy), FPO New York 09522
N30929
Commanding Officer, Navy Flight Demonstration Squadron (Blue Angels),
Naval Air Station, (Attn: Supply Officer), Pensacola, FL 32508
N31149 (MAJ00024) -- EHA-B
Naval Sea Logistics Center Det Philadelphia, Naval Base,
Philadelphia, PA
N31699 (MAJ00012) -- V8Z
Office of Under Secretary of the Navy, Washington, DC 20350-1000
N31863
Director, Naval Audit Service, Capital Region, P.O. Box 1206, Falls
Church, VA 22041
N31954 (MAJ00062) -- R0X
Submarine Training Facility, San Diego, CA 92106
N32525 -- 8S
U.S. Naval Communication Station, Naples Detachment (Sigonella,
Italy), FPO New York 09523
N32778 (MAJ00070) -- 4LE
Fleet Activities, Chinhae (Korea), FPO San Francisco 98769-1100
N32832 -- 7K
Naval Aviation Logistics Center, European Repair and Rework, Activity
Representative, (Alverca, Portugal), APO New York, NY 09285
N32960 -- K2
Navy Support Office, La Maddalena, (Sardinia, Italy), FPO New York
09533
N33137 (MAJ00015) -- L0A-C
Naval Intelligence Operations Group DET CTG 168.4, (Munich, Germany),
APO New York 09108
N35316 (MAJ00060) -- J0G
Patrol Combatant Missile Squadron Two, Mobile Logistic Support Group,
Trumbo Point Annex, NAS Key West, FL 33040
N35949 (MAJ00018) -- J5S
Naval Hospital, Twentynine Palms, CA 92278-5008
N39167
Commanding Officer, Naval Branch Medical Clinic, Naval Air Station,
Meridian, MS 39309
N39353 -- GV
Commanding Officer, Integrated Combat Systems Test Facility, San
Diego, CA 92152
N41756 -- LE
Navy Engineering Logistics Office, Washington, DC 20000
N42237 -- 7A
Commanding Officer, Naval Submarine Base, Code N411, Kings Bay, GA
31547
N44405 (MAJ00062) -- 8AA
Antilles Consolidated School System, Box 3200 (Roosevelt Roads, PR),
FPO Miami 34051
N44416 (MAJ00023) -- 4JL
Defense Printing Service Northeast Area, 700 Robbins Avenue,
Philadelphia, PA 19111-5093
N44930 -- KN
Intra-Fleet Supply Support Operations Program, Norfolk, VA 23512
N44967 -- KP
Naval Sea Systems Command Detachment, (PERA CSS) San Francisco, CA
94124-2995
N45045 (MAJ00012) -- V8A
Navy Comptroller Standard Systems Activity Det., Raleigh Oaks Plaza
Office Bldg, 3606 Austin Peay Highway, Memphis, TN 38128-3757
N45406 -- LD
Officer in Charge, Naval Sea Systems Command Detachment, (PERA CV),
Puget Sound Naval Shipyard, Bremerton, WA 98310-0206
N45411 (MAJ00070) -- LPE
Assault Craft 5, MCB Camp Pendleton, CA 92055-5003
N45534 (MAJ00024) -- EHN
AEGIS Combat Systems Center, Bldg. D-11, Wallops Island, VA 23337
N45854 (MAJ00011) -- LBE
Fleet Surveillance Support Command, Chesapeake, Chesapeake, VA
23322-5010
N46079
Military Sealift Command Office, Northern Europe, (Bremerhaven,
Germany) APO New York 09069-0006
N46450 (MAJ00023) -- L50-9
Naval Supply Center, Charleston Detachment, Naval Submarine Base,
Kings Bay, GA 31547
N46531 (MAJ00012) -- HX0-E
Office of Civilian Personnel Management, National Capital Region, 801
N. Randolph Street, Arlington, VA 22203
N46656 -- NP
Telecommunication Management Detachment West, 937 North Harbor Drive,
San Diego, CA 92132-5104
N46657 (MAJ00063) -- NT0-NT1
Telecommunication Management Detachment Pacific, Wahiawa, HI
96786-3050
N46658 -- LQ
Telecommunications Management Detachment East, Wards Corner Executive
Center, Suite 222, 138 E. Little Creek Road, Norfolk, VA 23505
N46659 -- KJ
Telecommunications Management Detachment Europe, (Naples, Italy), FPO
New York 09524
N46904 (MAJ00060) -- J00-1
Commanding Officer, Precommissioned Unit, Antisubmarine Warfare
Training Group Atlantic, Bldg. CEP 104, Naval Station, Norfolk, VA
23511-6495
N47408 (MAJ00025) -- EJP-W
Naval Facilities Engineering Command Contracts Office, Naval
Construction Battalion Center, Port Hueneme, CA 93043-5000
N47427 (MAJ00070) -- V5G
Naval Air Pacific Repair Activity Detachment, New Zealand, c/o U.S.
Naval Support Force Antarctic Det., FPO San Francisco 96690-2900
N47875 (MAJ00019) -- GUP-S
Naval Technical Representative Detachment Bethpage, Grumman Aerospace
Corporation, Bethpage, NY 11714-3593
N47876 (MAJ00019) -- GUJ-L
Naval Technical Representative Detachment Burbank, Lockheed
Aeronautical Systems Company, P.O. Box 551, Burbank, CA 91503
N47877 -- GD
Naval Technical Representative Detachment St. Louis, McDonnell
Douglas Corporation, P.O. Box 516, St. Louis, MO 63166-0516
N47878 (MAJ00019) -- GUV
Naval Technical Representative Detachment Lynn, General Electric
Company, Aircraft Engine Business Group, 1000 Western Avenue, Lynn, MA
01910-0445
N47879 (MAJ00019) -- GU0-B
Naval Technical Representative Detachment Stratford, United
Technologies Corporation, Sikorsky Aircraft Division, Stratford, CT
06497
N48142 (MAJ00012) -- V80-1
Assistant Secretary of the Navy, Research Development and
Acquisition, Washington, DC 20350-1000
N48521 (MAJ00019) -- GUX
Naval Technical Representative Detachment Bell, Bell Helicopter
Textron, P.O. Box 482, Bldg. 2, Fort Worth, TX 76101
N48758 (MAJ00070) -- V5R
Naval Air Pacific Repair Activity Plant Rep. Office, Box 39, FPO
Seattle 98767-2710
N52731 (MAJ00072) -- LCU
Reserve Naval Construction Force, First Reserve Naval Construction
Brigade, Support Detachment, Naval Construction Battalion Center, Bldg.
121, Gulfport, MS 39501-5016
N52846 (MAJ00019) -- EFA-B
Naval Aviation Depot Operations Center Detachment, European Repair
and Rework Activity (NERRA), (Naples, Italy), Box 50, FPO New York
09520-5000
N52855 -- LZ
Special Boat Unit 11, FPO San Francisco 96601-4517
N53210 (MAJ00060) -- LHJ-K
Assault Craft Unit 2, Naval Amphibious Base, Little Creek, Norfolk,
VA 23520
N53825 -- GY
Naval Surface Force, US LANTFLT, Norfolk, VA 23511-6002
N53999 (MAJ00060) -- J0Q-R
Seal Team Six, Naval Amphibious Company, Norfolk, VA 23521
N55131 (MAJ00060) -- J0A-B
Cargo Handling and Port Group, Williamsburg, VA 23187-5792
N55322 (MAJ00060) -- LHN
Explosive Ordnance Disposal Group Two, Fort Story, VA 23459-5024
N55418 (MAJ00070) -- V50
Naval Antarctic Support Unit, (Christchurch, New Zealand), FPO San
Francisco 96690
N57007 -- V0
Commander, Middle East Force (Jufair, Bahrain), FPO New York
09501-6008
N57012 -- GQ
Commander Naval Air Force, U.S. Atlantic Fleet, Naval Air Station,
Norfolk, VA 23511
N57016 (MAJ00060) -- J0N
Commander Submarine Force, U.S. Atlantic Fleet, Norfolk, VA
23511-6296
N57023 -- GT
Commander, Operational Test and Evaluation Force, Naval Base,
Norfolk, VA 23511
N57032 (MAJ00061) -- NLF-H
Naval Air Facility (Mildenhall, UK), FPO New York 09127-5000
N57049 (MAJ00060) -- J0E-F, V-X
Naval Support Facility (Antigua, West Indies), FPO Miami 34054
N57053 (MAJ00070) -- LPQ
Naval Facility, Centreville Beach, Ferndale, CA 95536-9766
N57070 (MAJ00060) -- LH7
Commander, Undersea Surveillance, U.S. Atlantic Fleet, Norfolk, VA
23511-6687
N57075 (MAJ00060) -- LH9
Commanding Officer, Naval Facility (Argentia, Canada), FPO New York
09597-1051
N57095 (MAJ00060) -- LH0-1
Atlantic Fleet Headquarters Support Activity, CINCLANTFLEET, Norfolk,
VA 23511
N57100 (MAJ00070) -- LP0-1
Naval Special Warfare Group One, NAVPHIBASE Coronado, San Diego, CA
92155
N60002 (MAJ00018) -- QAD
Commanding Officer, Naval Hospital, Millington, TN 38054
N60028 -- QC
Naval Station, Treasure Island, San Francisco, CA 94130
N60036 -- QD
Naval Weapons Station, Concord, CA 94520
N60042 (MAJ00070) -- LPU
Naval Air Facility, El Centro, CA 92243
N60050 -- HD
Marine Corps Air Station, El Toro, Santa Ana, CA 92709
N60087 -- 3P
Naval Air Station, Brunswick, ME 04011
N60169 -- W0
Commanding Officer, Marine Corps Air Station, Beaufort, SC 29904
N60191 -- 4A
Naval Air Station, Oceana, Virginia Beach, VA 23460
N60200 -- 3G
Commanding Officer, Naval Air Station, Cecil Field, FL 32215
N60201 -- L7
Commanding Officer, Naval Station, P.O. Box M, Mayport, FL 32228
N60211 -- 3D
Naval Auxiliary Landing Field, Crows Landing, CA 95313
N60234 -- 4R
Naval Air Station, Whiting Field, OLF Saufley Field, Pensacola, FL
32508
N60241 -- 3X
Commanding Officer, Naval Air Station, Bldg. 2701, Kingsville, TX
78363
N60258 -- GK
Long Beach Naval Shipyard, Long Beach, CA 90801
N60259 -- H9
Naval Air Station, Miramar, San Diego, CA 92145-5000
N60268 (MAJ62980) -- MQ0-1
Navy Recruiting District Chicago, Glenview, IL 60026-5200
N60376 -- 3Y
Commanding Officer, Naval Air Station, Chase Field, Beeville, TX
78103
N60462 -- WE
Naval Air Station, Adak (Alaska), FPO Seattle, WA 98791-1200
N60478 -- 3C
U.S. Naval Weapons Station, Earle, Colts Neck, NJ 07722
N60495 -- 3T
Naval Air Station, Fallon, NV 89406
N60508 -- 4Q
Commanding Officer, Naval Air Station, Whiting Field, Milton, FL
32570
N60514 -- GL
Commanding Officer, Naval Station (Guantanamo Bay, Cuba), Box 33, FPO
New York 09593
N60530 -- GM
Naval Air Warfare Center, Weapons Division, China Lake, CA 93555
N60656 -- GN
Navy Exchange, Naval Station, Annapolis, MD 21402
N60663 -- GR
Officer in Charge, Navy Resale Activity, Commissary Support Office,
Naval Base, Bldg 2600, Great Lakes, IL 60088
N60666 -- GS
Navy Exchange, Naval Air Station, Key West, FL 33040
N60676 -- GX
Navy Resale and Services Support Office, Field Support Office
Commissary Div., Naval Air Station, Mechanicsburg, PA 17055
N60681 -- HA
Commissary OPS Division, NAVRESSOFSO, Naval Station, San Diego, CA
92136
N60693 -- HB
Navy Resale Activity, Commissary Support Office, Naval Base Pearl
Harbor, Box 110, Pearl Harbor, HI 96860
N60701 -- 4M
Naval Weapons Station, Seal Beach, CA 90740
N60865 (MAJ00070) -- V5X
Naval Forces, Marianas, (Guam), FPO San Francisco 96630
N60872 (MAJ00070) -- V5T
Naval Magazine (Guam), FPO San Francisco 96630-1300
N60895 -- HF
Commissary OPS Division, NAVRESSOFSO, Naval Air Station, Alameda, CA
94501
N60921 -- HG, FH
Commander, Naval Surface Warfare Center, Dahlgren Division,
Detachment White Oak, 10901 New Hampshire Avenue, Silver Spring, MD
20903
N60935 -- HH
Commissary OPS Div, NAVRESSOFSO, Naval Air Station, Jacksonville, FL
32212
N60936 -- HJ
Navy Resale Activity Commissary Support Office, Naval Air Station,
Pensacola, FL 32508
N60937 -- HK
Navy Exchange Det., Naval Support Activity, New Orleans, LA 70140
N60938 -- HL
Navy Resale Activity, Commissary Support Office, Naval Air Station,
Corpus Christi, TX 78419
N60939 -- HM
Navy Exchange, Naval Air Station, Memphis 32, Millington, TN 38054
N60951 (MAJ00060) -- LHU
Fleet Accounting and Disbursing Center, Operating Forces Accounting,
U.S. Atlantic Fleet, Norfolk, VA 23511-6096
N60956 (MAJ00012) -- V8J-N
Navy Regional Finance Center, Great Lakes, IL 60088-5797
N61115 -- HN
Navy Exchange Activity, Submarine Base, New London, Groton, CT 06340
N61119 -- HP
Naval Supply Depot, Guam, PSC 455, Box 190, FPO AP 96540-1500
N61165 -- NN
Supply Officer, Bldg NS46, Naval Station, Charleston, SC 29408-5000
N61174 -- 7B
Naval Station, New York, Brooklyn, NY 11251
N61189 (MAJ00060) -- J0T
Naval Station, Philadelphia, PA 19112
N61217 -- HQ
Navy Exchange, Naval Air Station, Bermuda, FPO New York 09560
N61331 -- HR
Naval Surface Warfare Center, Dahlgren Division, Coastal Systems
Station, Panama City, FL 32407
N61337 -- H0
Commanding Officer, Naval Hospital, Beaufort, SC 29904
N61339 -- HT
Commanding Officer, Naval Training Systems Center (N-601), 12350
Research Parkway, Orlando, FL 32826-3275
N61414 -- 4B
Naval Amphibious Base, Little Creek, Norfolk, VA 23521
N61463 (MAJ00060) -- LHC
Naval Base, Norfolk, VA 23511-6002
N61466
Commander, Naval Base, Bldg NH48, Charleston, SC 29408
N61510 -- HU
Navy Exchange, Naval Station, (Guam) Box 179, FPO San Francisco, CA
96630
N61533 -- HW
David W. Taylor Naval Ship Research and Development Laboratory,
Annapolis, MD 21402
N61564 -- FS
Naval Hospital, NAVBASE (Guantanamo Bay, Cuba), FPO New York 09593
N61577 (MAJ00070) -- V5P
Naval Air Station, Agana (Guam), Box 60, FPO San Francisco 96630-1200
N61581 (MAJ00070) -- 4LT
Fleet Activities, Naval Base, (Yokosuka, Japan), FPO Seattle
98762-1100
N61685 (MAJ00065) -- S0A
Naval Oceanography Command Center (Guam), Box 12, FPO San Francisco
96630-2926
N61726 -- QL
Naval Hospital, Naval Submarine Base New London, Groton, CT 06349
N61751 (MAJ00018) -- MCK,M,N,P
Naval Medical Research Unit No. 3, Cairo (Egypt), FPO New York
09527-1600
N61755 (MAJ00070) -- V5E
Naval Station (Guam), FPO San Francisco 96630-1000
N61762 -- HY
Naval Ordnance Missile Test Station, White Sands Missile Range, NM
88002
N62021 -- 7V
Naval Amphibious Base, Coronado, San Diego, CA 92155
N62161 -- HZ
Navy Exchange Det, NAVCOMSTA, Rough and Ready Island, Stockton, CA
95203
N62190 (MAJ00014) -- EEY
Commanding Officer, Naval Research Laboratory, Underwater Sound
Reference Detachment, P.O. Box 8337, Orlando, FL 32856
N62191 (MAJ00062) -- L97
Commanding Officer, Naval Reserve Officers Training Corps and Naval
Administrative Unit, Room 20E-125, Massachusetts Institute of
Technology, Cambridge, MA 02139
N62254 (MAJ00070) -- 4LX
Commander Fleet Activities, Okinawa, Naval Air Facility, Kadena
(Ryukyu Islands Southern), Box SU/CR, FPO Seattle 98770-1100
N62269 -- JC
Commander, Naval Air Warfare Center, Aircraft Division Warminster,
Warminster, PA 18974
N62271 -- QE
Naval Postgraduate School, Monterey, CA 93940
N62285 (MAJ00065) -- S00-1
Naval Observatory, Washington, DC, 34th and Massachusetts Avenue, NW,
Washington, DC 20390-5100
N62306 -- 7C
Commanding Officer (Code 4410), Naval Oceanographic Office, Stennis
Space Center, Bay St. Louis, MS 39552
N62367 (MAJ00023) -- 4JC
Navy Clothing and Textile Research Facility, 21 Strathmore Road,
Natick, MA 01760-2490
N62376 -- 4K
Commanding Officer, Naval Air Warfare Center, Aircraft Division
Trenton, P.O. Box 7176, Trenton, NJ 08628
N62381 -- JG
Military Sealift Command, Atlantic, Military Ocean Terminal, Building
42, Bayonne, NJ 07002
N62382
Military Sealift Command Office, Gulf Subarea, 4400 Dauphin Street,
New Orleans, LA 70146
N62383 -- JH
Military Sealift Command, Pacific, Naval Supply Center, Oakland, CA
94625
N62387
Commander, Military Sealift Command Central Technical Activity (Code
M10-3), 4228 Wisconsin Avenue, Washington, DC 20016
N62395 -- JK
Navy Public Works Center, (Marianas Islands, Guam), FPO San Francisco
96630-2937
N62401 -- 3F
Defense Printing Service Branch Office, The Pentagon, Washington, DC
20350-3000
N62404 -- JJ
Military Sealift Command, Far East, (Yokohama, Japan), FPO Seattle
98760
N62410 (MAJ62980) -- MQ6
Navy Recruiting District, P.O. Box 8667, Albuquerque, NM 87198-8667
N62412 (MAJ62980) -- MLR
Commanding Officer, Navy Recruiting District, Perry Hill Office Park,
3815 Interstate Court, Montgomery, AL 36109-5294
N62415 (MAJ62980) -- MLX
Commanding Officer, Navy Recruiting District, Strom Thurmond Federal
Bldg., Suite 771, 1835 Assembly Street, Columbia, SC 29201-2430
N62416 -- NV
Navy Recruiting District Columbus, Room 609 Federal Bldg., 200 North
High Street, Columbus, OH 44142-2474
N62419
Commanding Officer, Navy Recruiting District, Melrose Bldg., 1121
Walker Street, Houston, TX 77002
N62421 (MAJ62980) -- MQM
Commanding Officer, Navy Recruiting District, 8925 North Meridian
Street, Room 250, Indianapolis, IN 46260
N62422
Commanding Officer, Navy Recruiting District, 2974 Woodcock Drive,
Jacksonville, FL 32207
N62423
Commanding Officer, Navy Recruiting District, 301 Center Street,
Little Rock, AR 72201
N62425
Commanding Officer, Navy Recruiting District, 1808 West End Ave.,
Suite 1312, Nashville, TN 37203
N62427 (MAJ62980) -- MLP
Navy Recruiting District Omaha, Overland-Wolf Bldg., 6910 Pacific,
Omaha, NE 68106
N62429 (MAJ62980) -- MLE
Navy Recruiting District Portland, 1220 SW Third Avenue, Suite 576,
Portland, OR 97204
N62430
Commanding Officer, Navy Recruiting District, 1001 Navaho Drive,
Raleigh, NC 27609
N62432 (MAJ62980) -- MQG
Navy Recruiting District, St. Louis, 1222 Spruce Street, St. Louis,
MO 63103-2814
N62435 (MAJ62980) -- MQE
Navy Recruiting District Boston, 495 Summer Street, Boston, MA
02210-2103
N62437 (MAJ62980) -- MQ4
Commanding Officer, Navy Recruiting District, 918 So. Ervay Street,
Dallas, TX 75201
N62438 (MAJ62980) -- MLQ
Navy Recruiting District Denver, Capital Life Center, 3rd Floor, 1600
Sherman Street, Denver, CO 80203-1668
N62440 (MAJ62980) -- MLT
Navy Recruiting District, 2420 Broadway, Kansas City, MO 64108
N62441 (MAJ62980) -- MLG
Navy Recruiting District Los Angeles, 5051 Rodeo Road, Los Angeles,
CA 90016
N62442
Commanding Officer, Navy Recruiting District Atlanta, 612 Tinker
Street, Suite C, Marietta, GA 30060
N62443 (MAJ62980) -- MLV
Navy Recruiting District, Federal Office Bldg., 2nd & Washington
Avenues, S., Minneapolis, MN 55401
N62444
Commanding Officer (Code 602-2C), Navy Recruiting District, 4400
Dauphine Street, New Orleans, LA 70146
N62448 (MAJ62980) -- MLN
Navy Recruiting District San Francisco, 1500 Broadway, Room 210,
Oakland, CA 94612-1430
N62449 (MAJ62980) -- MLC
Navy Recruiting District Seattle, Naval Station, Bldg 30, Seattle, WA
98115-5105
N62467 -- JM
Commanding Officer, Naval Facilities Engineering Command Southern
Division, (SOUTHNAVFACENGCOM), 2155 Eagle Drive, P.O. Box 10068,
Charleston, SC 29411-0068
N62470 -- JN
Naval Facilities Engineering Command, Atlantic Division, Norfolk, VA
23511
N62471 -- N7
Officer in Charge of Construction, Naval Facilities Engineering
Command Contracts, Mid-Pacific, Pearl Harbor, HI 96860
N62472 -- JP
Naval Facilities Engineering Command, Northern Division, U.S. Naval
Base, Philadelphia, PA 19112
N62474 -- JR
Naval Facilities Engineering Command, Western Division, San Bruno, CA
94066
N62477 -- JU
Naval Facilities Engineering Command, Chesapeake Division, Washington
Navy Yard, Washington, DC 20374
N62481 -- N8
Naval Air Station (Bermuda), FPO New York 09560
N62507 (MAJ00070) -- 4LJ
Commanding Officer, Naval Air Facility (Atsugi, Japan), Box 3, FPO
Seattle 98767-1200
N62522 -- JV
Military Sealift Command, Europe, (London, UK), Box 3, FPO New York
09510-3700
N62535 -- HE
Marine Corps Air Station (HELO), Tustin, CA 92710
N62537
Military Sealift Command, Mediterranean Sub-Area, (Naples, Italy),
Box 23, FPO New York 09521-0600
N62538 -- K1
Military Sealift Command Office, Middle Atlantic, NSC, Bldg Y100A,
Norfolk, VA 23512
N62539
Military Sealift Command Office, United Kingdom, (London, UK), Box
29, FPO New York 09510-3700
N62573 -- K8
Marine Corps Air Station, New River Plaza, Jacksonville, NC 28540
N62576 (MAJ00023) -- 4JG
Defense Printing Service Branch Office, 700 Robbins Avenue,
Philadelphia, PA 19111-5094
N62578 -- J2
Naval Construction Battalion Center, Davisville, RI 02854
N62583 -- J3
Naval Construction Battalion Center, Port Heuneme, CA 93041
N62585 -- K3
Commander, Naval Activities, United Kingdom, (London, UK), FPO New
York 09510
N62586 (MAJ00070) -- V5A-B
Naval Ship Repair Facility (Guam), FPO San Francisco 96630-1400
N62588 -- NR
Naval Support Activity (Naples, Italy), FPO New York 09521
N62593 --
Director, Defense Printing Service Det Office, Southeast Div., 4400
Dauphine St., Unit 601-3-B, New Orleans, LA 70146
N62603
Commanding Officer Fleet & Mine Warfare Training Center, Naval Base,
Bldg 647, Charleston, SC 29408
N62604 -- J4
Commanding Officer, Naval Construction Battalion Center, Gulfport, MS
39501
N62613 (MAJ00027) -- MUE
Commanding Officer, Marine Corps Air Station, (Iwakuni, Japan), FPO
Seattle 98764-5001
N62638 (MAJ00072) -- LCN
Naval Inshore Undersea Warfare, Group Two, NSC Cheatham Annex, Bldg.
111, Williamsburg, VA 23187-8792
N62645 -- EG
Naval Medical Logistics Command, Fort Detrick, Frederick, MD
21701-5015
N62649 -- JY
Naval Supply Depot (Yokosuka, Japan), FPO Seattle 98762
N62651
Director, Defense Service Office, Southeast Division, Pensacola, FL
32508
N62653 (MAJ00023) -- 4JW-X
Director, Defense Printing Service Branch Office, Southeast Division,
Bldg. 1628, Naval Base, Charleston, SC 29408
N62654 (MAJ00019) -- EFE
Naval Weapons Evaluation Facility, Kirtland AFB, Albuquerque, NM
87117
N62661 (MAJ00062) -- L97
Naval Education and Training Center, Newport, RI 02841-5000
N62665 -- JQ
Supervisor of Shipbuilding, Conversion and Repair, USN, Barnes
Building -- 6th Floor, 495 Summer Street, Boston, MA 02210
N62670 -- 8B
Supervisor of Shipbuilding, Conversion and Repair, USN, Drawer T,
Mayport Naval Station, Jacksonville, FL 32228
N62673 -- 8P
Supervisor of Shipbuilding, Conversion and Repair, USN, Naval Base,
Charleston, SC 29408
N62678 -- 8C
Supervisor of Shipbuilding, Conversion and Repair, USN, P.O. Box 215,
Portsmouth, VA 23705
N62686 -- T0
Defense Printing Service Office, Naval District Washington, Building
157-2, Washington Naval Yard, Washington, DC 20374-1572
N62688 -- GW
Naval Station, Naval Base, Norfolk, VA 23511-6002
N62695
Auditor General of the Navy, Naval Audit Services Headquarters, P.O.
Box 1206, Falls Church, VA 22041
N62700 (MAJ00023) -- 4JJ
Defense Printing Service Detachment Office, Northern Division, Bldg
2A, Great Lakes, IL 60088-5708
N62703 (MAJ00023) -- 4JA
Defense Printing Service Branch Office, Bldg 530, Puget Sound Naval
Shipyard, Bremerton, WA 98314
N62705 (MAJ00023) -- 4JN
Defense Printing Service Detachment Office, Naval Supply Center,
Oakland, CA 94625-5045
N62706 -- JS
Defense Printing Service Branch Office, Western Division, Bldg. 154,
San Diego, CA 92136-5148
N62707 (MAJ00023) -- 4JS-U
Defense Printing Service Detachment Office, Western Area, Pearl
Harbor, Box 126, Pearl Harbor, HI 96860-5120
N62735 (MAJ00070) -- 4LP
Commander, Fleet Activities, (Sasebo, Japan), FPO Seattle 98766-1100
N62741 -- MB
Commanding Officer, Navy Supply Corps School, Code 60, Athens, GA
30606
N62742 -- KB
Naval Facilities Engineering, Command, Pacific Division, Pearl
Harbor, HI 96860
N62745 (MAJ00025) -- FZC-E
Officer in Charge of Construction, Naval Facilities Engineering
Command Contracts, Mediterranean (Madrid, Spain), APO New York 09285
N62755 -- J7
Commanding Officer, Navy Public Works Center, Pearl Harbor, HI
96860-5470
N62757 (MAJ00072) -- 9TV-Y
Naval Reserve Center, 7410 West Roosevelt Road, Forest Park, IL
60130-2592
N62762 (MAJ00024) -- EHU-W
Navy Shipbuilding Liaison Office, Spain, Box 36, (Madrid, Spain), APO
New York 09285
N62766 -- L1
Officer in Charge of Construction, Naval Facilities Engineering
Command Contracts (Guam), FPO San Francisco, CA 96630
N62770 (MAJ00070) -- LPJ-L
Naval Ship Repair Facility, (Subic Bay, Philippines), Box 34, FPO San
Francisco 96651-1400
N62786 -- ER
Supervisor of Shipbuilding, Conversion and Repair, USN, 574
Washington Street, Bath, ME 04530-0998
N62789 -- L8
Supervisor of Shipbuilding, Conversion and Repair, USN, Groton, CT
06340
N62791 -- NU
Supervisor of Shipbuilding, Conversion and Repair, USN, Naval
Station, Box 119, San Diego, CA 92136-5119
N62793 -- 4T
Supervisor of Shipbuilding, Conversion and Repair, USN, Newport News,
VA 23607-2785
N62794 -- 7D
Supervisor of Shipbuilding, Conversion and Repair, USN, Flushing &
Washington Avenues, Brooklyn, NY 11251-9000
N62795 -- 7F
Supervisor of Shipbuilding, Conversion and Repair, USN, Pascagoula,
MS 39568-2210
N62798 -- 4X
Supervisor of Shipbuilding, Conversion and Repair, USN, San
Francisco, CA 94124-2996
N62799 -- 7M
Supervisor of Shipbuilding, Conversion and Repair, USN, Seattle, WA
98115-5001
N62802 (MAJ00012) -- V8P
Naval Audit Service Northeast Region, 5 Executive Campus, Suite 200,
Cherry Hill, NJ 08002-4104
N62808 (MAJ00025) -- FZ0
Public Works Center, Subic Bay, (Luzon, Republic of the Philippines),
FPD San Francisco 96651-2900
N62816 (MAJ00023) -- L5A-C
Defense Printing Service Det. Br. Office(Naples, Italy), Box 108,
FPO New York 09524-1400
N62832
Naval Activities (Rota, Spain), FPO New York 09540
N62836 -- L4
Officer in Charge of Construction, Naval Facilities Engineering
Command Contracts, Far East, Yokosuka, Box 61, FPO Seattle, WA 98762
N62841 (MAJ00030) -- EKA
Commanding Officer, Naval Ordnance Test Unit, Cape Canaveral, FL
32920-1623
N62844 -- K0
Naval Imaging Command, Washington Navy Yard, Washington, DC
20350-2000
N62849 (MAJ00019) -- EFC
Naval Aviation Engineering Service Unit, Philadelphia, PA 19112-5088
N62852
Naval Electronic System Security Engineering Center, Naval Security
Station, 3801 Nebraska Avenue, NW, Washington, DC 20390
N62856 (MAJ00060) -- LHW-X
Naval Air Facility (Lajes Azores, Portugal), APO New York 09406-5000
N62863 -- K4
Naval Station (Rota, Spain), FPO New York 09540
N62864 -- L2
Officer in Charge of Construction, Naval Facilities Engineering
Command Contracts, Southwest Pacific (Manila, Philippines), APO San
Francisco, CA 96528
N62892 (MAJ00069) -- 8QA
Commanding Officer, Naval Security Group Activity, Site ''B'', Card
Sound Road, Homestead, FL 33039-6428
R62894 (MAJ00070) -- 4LA
Commander, U.S. Naval Forces Korea (Yongsan, South Korea), APO San
Francisco, CA 96301-0023
N62907 -- KG
Naval Plant Representative Office, Applied Physics Laboratory, Johns
Hopkins Road, Laurel, MD 20810
N62908 -- 8D
Naval Weapons Engineering Support Activity, Washington Navy Yard,
Washington, DC 20374
N62911 (MAJ62980) -- MQC
Navy Recruiting Area One, Scotia, NY 12302-9462
N62913 (MAJ62980) -- MLL
Commander, Naval Recruiting Area Three, 451 College Street, P.O. Box
4887, Macon, GA 31208-4887
N62915 (MAJ62980) -- MQJ
Navy Recruiting Area Five, Building 3, NTC, Great Lakes, IL
60088-5135
N62917 (MAJ62980) -- ML0-1
Commander, Navy Recruiting Area Seven, 1499 Regal Row, Suite 501,
Dallas, TX 75247
N62918 (MAJ62980) -- MLA
Navy Recruiting Area Eight, 7677 Oakport Street, Suite 650, Oakland,
CA 94621-1929
N62922 -- 7W
Resident Officer in Charge of Construction, Pacific, Department of
the Navy, P.O. Box 418, San Bruno, CA 94067
N62954 (MAJ62980) -- MQN
Navy Recruiting District Cleveland, 17535 Rosbough Boulevard,
Middleburgh Heights, OH 44130
N62974 -- JB
Marine Corps Air Station, Yuma, AZ 85364
N62980 -- ML*, MQ*, NV*, MQR-Z
Bureau of Naval Personnel, Washington, DC 20370-5000
N62990 -- L3
Supervisor of Shipbuilding, Conversion and Repair, USN, P.O. Box 26,
Sturgeon Bay, WI 54235
N62995 -- 4H
Naval Air Station, Sigonella (Italy), FPO New York 09523
N63005 (MAJ00011) -- LBL-N
Commanding Officer, Administrative Support Unit, Bahrain, FPO New
York 09526
N63007 (MAJ00060) -- LHS
Nuclear Weapons Training Group, Atlantic, Norfolk, VA 23511
N63015 -- 7Y
Naval Education and Training Support Center, Pacific Fleet Station,
PO Bldg, San Diego, CA 92132
N63026 (MAJ00027) -- MUJ
Marine Corps Air Station (Futenma, Japan), FPO Seattle 98772-5001
N63028 -- U2
Polaris Missile Facility Atlantic, Charleston, SC 29408
N63032 -- KS
U.S. Naval Station, Keflavik (Iceland), FPO New York 09571
N63038 -- 8M
U.S. Naval Computer and Telecommunications Station, Cutler, East
Machias, ME 04630
N63042 -- NZ
Naval Air Station, Lemoore, CA 93245
N63043 -- 3S
Commanding Officer, Naval Air Station, Meridian, MS 39301
N63051
Commanding Officer, Naval Investigative Service, Southeast Region,
Naval Base, Bldg NH 53, Charleston, SC 29408
N63053
Commanding Officer, Naval Investigative Service Regional Office, P.O.
Box 6438, New Orleans, LA 70174
N63055 (MAJ00011) -- LBJ
Naval Investigative Service, Mid-Atlanta Region Norfolk, 293
Independence Blvd, Suite 525, Pembroke 5, Virginia Beach, VA 23462
N63058 (MAJ00011) -- LBC
Naval Investigative Service, Northwest Region, P.O. Box 4247, Walnut
Creek, CA 94596
N63073 (MAJ00069) -- 8Q6-8
U.S. Naval Security Group Activity RAF (Edzell UK), FPO New York
09518
N63080 -- KT
Navy Resale Activity, Chinhae (South Korea), FPO Seattle, WA 98769
N63082
Commanding Officer, Naval Technical Training Center, Corry Station
(Code 4460), Pensacola, FL 32511
N63110
Commanding Officer, Chief of Naval Air Training (Code N-73), Naval
Air Station, Corpus Christi, TX 78419
N63111
Commanding Officer, Chief of Naval Technical Training, Naval Air
Station, Memphis, Millington, TN 38054
N63124 (MAJ00024) -- U00-9
Supervisor of Shipbuilding, Conversion and Repair, USN, New Orleans,
LA 70146
N63134 -- 7R
Fleet Numerical Oceanography Center, Monterey, CA 93940
N63135 (MAJ00023) -- 4JD-E
Defense Printing Service Management Office, Washington, DC 20374-1762
N63136
Navy Section, U.S. Military Group, Argentina (Buenos Aires),
Department of State, Washington, DC 20521
N63143 -- 8K
Naval Computer and Telecommunications Station (Keflavik, Iceland),
Box 22, FPO New York 09571
N63152 -- GZ
Fleet Combat Direction Systems, Support Activity, San Diego, CA
92147-5081
N63165 -- 7U
Navy Regional Data Automation Center, Washington, Washington Navy
Yard, Washington, DC 20374
N63182 -- 8T
Naval Computer and Telecommunications Station (Rota, Spain), FPO New
York 09539
N63204 -- KV
Naval Plant Representative Office, Goodyear Aerospace Corp., Akron,
OH 44305
N63209 (MAJ00062) -- L9A
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of New Mexico, Albuquerque, NM 87106
N63210 (MAJ00062) -- L9B
Commanding Officer, Naval Reserve Officers Training Corps Unit, Iowa
State University of Science and Technology, Ames, IA 50011-3010
N63211 (MAJ00062) -- L9C
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Michigan, Ann Arbor, MI 48109-1085
N63212 (MAJ00062) -- L9G
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Texas at Austin, Austin, TX 78712
N63213 (MAJ00062) -- L9J
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of California, Berkeley, CA 94720-0001
N63214 (MAJ00062) -- L9M
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Colorado, Box 374, Boulder, CO 80309-0374
N63215 (MAJ00062) -- L9U
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Illinois Institute of Technology, 3300 S. Federal Street, Chicago, IL
60616-3793
N63216 (MAJ00062) -- L9W
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Missouri, Columbia, MO 65201
N63217 (MAJ00062) -- L9Z
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Oregon State University, Corvallis, OR 97331
N63218 (MAJ00062) -- R0B
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Northwestern University, Evanston, IL 60201
N63219 (MAJ00062) -- R0E, L99
Commanding Officer, Naval Reserve Officers Training Corps Unit, Rice
University, P.O. Box 1892, Houston, TX 77001
N63220 (MAJ00062) -- R0L
Commanding Officer, Naval Reserve Officers Training Corps Unit, UCLA,
Mens Gym Room 123, 405 Milgard Avenue, Los Angeles, CA 90024-1399
N63221 (MAJ00062) -- 8AB
Commanding Officer, Naval Reserve Officers Training Corps Unit, PED
101, University Park MC 0654, University of Southern California, Los
Angeles, CA 90089-0654
N63222 (MAJ00062) -- R0H
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Kansas, Lawrence, KS 66044
N63223 (MAJ00062) -- R0K
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Nebraska, Lincoln, NE 68508
N63224 (MAJ00062) -- 8AD
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Wisconsin, 1610 University Avenue, Madison, WI 53705
N63225 (MAJ00062) -- 8AH
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Marquette University, Milwaukee, WI 53233
N63226 (MAJ00062) -- 8AJ
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Minnesota, Minneapolis, MN 55455-0108
N63227 (MAJ00062) -- 8AK
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Idaho, Moscow, ID 83843-3244
N63228 (MAJ00062) -- 8AM
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Tulane University, New Orleans, LA 70118
N63229 (MAJ00062) -- 8AN
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Oklahoma, Norman, Oklahoma 73019
N63230 (MAJ00062) -- 8AR
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Notre Dame, Notre Dame, IN 46556-5601
N63231 (MAJ00062) -- 8AW
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Utah, Salt Lake City, UT 84112-1107
N63232 (MAJ00062) -- 8AY
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Washington, Seattle, WA 98195
N63234 (MAJ00062) -- L9Q
Commanding Officer, Naval Reserve Officers Training Corps Unit, 505
East Armory Street, University of Illinois, Champaign, IL 61820-6288
N63235 (MAJ00062) -- R05
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Purdue University, West Lafayette, IN 47907-0001
N63273 -- 4S
Fleet Combat Direction Systems Support Activity, Dam Neck, Port
Hueneme Division, Naval Surface Warfare Center, Virginia Beach, VA 23461
N63274 -- 4F, 4W
Naval Electronic Systems Engineering Center, Vallejo, CA 94592
N63285 (MAJ00011) -- LB0
Naval Security and Investigative Command, Washington, DC 20388
N63290 (MAJ00062) -- R00-1
Commanding Officer, Combat Systems Technical Schools Command, Mare
Island, Vallejo, CA 94592
N63291 (MAJ00062) -- R0F
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Barton Hall, Cornell University, Ithaca, NY 14853
N63294 (MAJ00062) -- 8AV
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Rochester, Rochester, NY 14627
N63295 (MAJ00062) -- R0M
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Rensselaer Polytechnic Institute, Troy, NY 12180-3590
N63296 (MAJ00062) -- L9F
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Auburn University, Auburn, AL 36830
N63299 (MAJ00062) -- R0A
Commanding Officer, Naval Reserve Officers Training Corps Unit, Duke
University, Durham, NC 27706
N63301 (MAJ00062) -- L9D
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Georgia Tech, Atlanta, GA 30313
N63303 (MAJ00062) -- R0U
Commanding Officer, Naval Reserve Officers Training Corps Unit,
College of the Holy Cross, Worcester, MA 01610-2389
N63306 (MAJ00062) -- 8AS
Commanding Officer, Naval Reserve Officers Training Corps Unit, Miami
University, Oxford, OH 45056-1698
N63307 (MAJ00062) -- R0N
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Mississippi, Box 69, University, MS 38677
N63308 (MAJ00062) -- L9R
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of North Carolina, Chapel Hill, NC 27515
N63309 (MAJ00062) -- L9Y
Commanding Officer, Naval Reserve Officers Training Corps Unit, The
Ohio State University, Columbus, OH 43210-1169
N63310 (MAJ00062) -- R0P
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Wagner Bldg., The Pennsylvania State University, University Park, PA
16802
N63311 (MAJ00062) -- 8AT
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Pennsylvania, Philadelphia, PA 19104
N63313 (MAJ00062) -- L9X
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of South Carolina, Columbia, SC 29208
N63315 (MAJ00062) -- 8AL
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Vanderbilt University (Westside Hall), Nashville, TN 37240
N63316 (MAJ00062) -- R0R
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Villanova University, Villanova, PA 19085-1699
N63317 (MAJ00062) -- L9T
Commanding Officer, Naval Reserve Officers Training Corps Unit, Maury
Hall, University of Virginia, Charlottesville, VA 22903-3194
N63325 -- 7X
Naval Education & Training Support Center, Atlantic, Bldg. Z-86,
Naval Station, Norfolk, VA 23511
N63339 -- LL
Navy Exchange, Naval Air Station, Adak (Alaska), FPO Seattle, WA
98791
N63340 -- LM
Navy Exchange, Newfoundland (Argentia, Canada), FPO New York 09597
N63341 -- LN
Navy Exchange Det., Naval Air Station, Chase Field, Beeville, TX
78102
N63344 -- LR
Navy Commissary Store Region, Charleston, SC 29408
N63345 -- LS
Navy Exchange, Naval Station, Guantanamo Bay (Cuba), FPO New York
09598
N63346 -- LT
Navy Resale Activity, Commissary Support Office, Naval Station,
Keflavik (Iceland), FPO New York 09571
N63348 -- LV
Navy Exchange Det., Naval Air Station, Kingsville, TX 78364
N63349 -- LW
Navy Exchange, Naval Air Station, Lemoore, CA 93246
N63350 -- 3L
Navy Exchange (Dunstable, UK), FPO New York 09510
N63351 -- LY
Navy Commissary Store Region, Naval Station, Long Beach, CA 90802
N63352 -- KE
Navy Exchange Det., Naval Air Station, Meridian, MS 39301
N63353 -- MA
Officer in Charge, Navy Resale Activity, Commissary Support Office,
Naval Support Activity, Naples (Italy), FPO New York 09521
N63357 -- ME
Navy Exchange, Naval Station, Rota (Spain), FPO New York 09540
N63362 -- MK
Officer in Charge, Navy Resale Activity, Commissary Support Office,
Naval Station (Subic Bay, Philippines), P.O. Box 28, FPO San Francisco
96651
N63365 -- MN
Navy Resale Activity, Commissary Support Office (Yokosuka, Japan),
Box 33, FPO Seattle 98762
N63367 -- MP
Officer in Charge, Commissary OPS Div., Navy Resale and Services
Support Office, Field Support Office, Norfolk, VA 23511
N63369
Military Sealift Command Office, Benelux (Rotterdam, Netherlands),
APO New York 09159
N63381 (MAJ00011) -- LBA
Joint U.S. Military Advisory Group, Thailand (Bangkok, Thailand), APO
San Francisco 96346
N63387 -- JD
Navy Public Works Center, Naval Base, San Diego, CA 92136
N63394 -- L6
Naval Surface Warfare Center, Port Hueneme Division, Port Hueneme, CA
93043
N63395 -- 8L
U.S. Naval Communication Station Thurso (Caithness, UK), FPO New York
09516
N63402 -- K7
Commanding Officer, Strategic Weapons Facility, Pacific, Bremerton,
WA 98383
N63406 (MAJ00070) -- V5C
Naval Submarine Base San Diego, 140 Sylvester Road, San Diego, CA
92106-3521
N63408 -- HV
Navy Material Transportation Office, Norfolk, VA 23511-6691
N63410 -- KA
Navy Manpower and Material Analysis Center, Atlantic, Norfolk, VA
23511
N63427 -- 8F
U.S. Naval Communication Station, Harold E. Holt, Exmouth, Western
Australia, FPO San Francisco 96680
N63429 -- MH
Naval Computer and Telecommunications, Station London (UK), FPO New
York 10000
N63439 -- K9
Naval Ophthalmic Support and Training Activity, Yorktown, VA 23690
N63543 (MAJ00072) -- 9TC
Naval Reserve Center, 3070 Ross Lane, Central Point, OR 97502-1399
N63821 (MAJ00039) -- NSA-B
Officer in Charge, Naval Underwater Systems Center, AUTEC Andros
Range Detachment (Andros Island, Bahama Islands), FPO New York 09559
N63886 (MAJ00069) -- 8Q0-1
Naval Security Group Activity, (Adak, AK), FPO Seattle 98777
N63891 (MAJ00069) -- 8QG
Naval Security Group, Northwest, Chesapeake, VA 23322
N64165 (MAJ00062) -- R0Z
Naval Unit, Lowry Air Force Base, CO 80230
N64181 (MAJ00062) -- R0W
Department of Naval Science, Texas Maritime Academy, Galveston, TX
77553-1675
N64267 -- M9
Naval Warfare Assessment Center, Corona Annex, Corona, CA 91720
N64281 -- 3U, KX
Commanding Officer, Naval Sea Combat Systems Engineering Station,
Naval Station, Norfolk, VA 23511
N64356 -- KF
Commanding Officer, Naval Administrative Command, Armed Forces Staff
College, Norfolk, VA 23511-6097
N64980 (MAJ00061) -- NLA-C
Officer in Charge, Naval Weapons Facility, Detachment Machrihanish
(UK), FPO New York 09515
N64981 (MAJ00061) -- NL5-7
Commanding Officer, Naval Weapons Facility (St. Mawgan, UK), FPO New
York 09511-9511
N65113 -- EZ
Navy Public Works Center, Bldg 1A, Great Lakes, IL 60088-5600
N65114 (MAJ00025) -- EJC
Commanding Officer, Navy Public Works Center, Naval Air Station,
Pensacola, FL 32508-6500
N65115 (MAJ00025) -- FZA
Navy Public Works Center, Box 13 (Yokosuka, Japan), FPO Seattle
98762-3100
N65116 -- MZ
Officer in Charge, Navy-Marine Corps Appellate Review Activity,
Office of the Judge Advocate General, Washington Navy Yard, Washington,
DC 20374-2001
N65146 -- 7E
Procurement Branch, OP-09B31, Office of the Chief of Naval Operations
Support Activity, Washington, DC 20350
N65198 -- 3H
Naval Administrative Unit, 550 First Street, Idaho Falls, ID 83401
N65236 -- V7
Naval Electronic Systems Engineering Center, 4600 Goer Road, North
Charleston, SC 29406
N65256 (MAJ00012) -- V8C
Navy Office of Information, East, 133 East 58th Street, 1st Floor,
New York, NY 10022
N65428 (MAJ00018) -- MDP
Commanding Officer, Naval Hospital (Roosevelt Roads, PR), FPO Miami
34051-8100
N65440 -- 4V
Officer in Charge, Navy Exchange, NAVCOMMSTA Harold E. Holt
(Exmouth, Australia), FPO San Francisco 96680
N65491 (MAJ00018) -- J5P
Naval Hospital (Subic Bay, Philippines), FPO San Francisco 96652-1600
N65492 (MAJ00018) -- MCA
Commanding Officer, Naval Hospital, Fiscal & Supply Service, Code
32C, Orlando, FL 32813-5200
N65497 -- 4U
Commissary OPS Division, NAVRESSO, Field Support Office, 2801 ''C''
Street, SW, Auburn, WA 98001
N65538 (MAJ00024) -- U0D
Naval Sea Logistics Center, 5450 Carlisle Pike, P.O. Box 2060,
Mechanicsburg, PA 17055-0795
N65540 (MAJ00024) -- EHP-S
Carderock Division, Naval Surface Warfare Center Naval Base,
Philadelphia, PA 19112-5083
N65575 (MAJ00018) -- MCY
Naval Medical Clinic, Seattle, WA 98115
N65576
Navy Space Systems Activity, P.O. Box 92960, Worldway Postal Center,
Los Angeles, CA 90009
N65580 -- M2
Naval Electronic Systems Engineering Center, P.O. Box 55, Portsmouth,
VA 23705
N65584 -- EW, 3E, KU, 3B
Naval Electronic Systems Engineering Center, P.O. Box 80337 --
Building 4, Code 104, San Diego, CA 92138
N65849 (MAJ00012) -- HXY-Z
Office of Civilian Personnel Management, Southwest Region, San Diego,
CA 92188
N65870 -- M4
Supervisor of Shipbuilding, Conversion and Repair, USN Long Beach
Naval Shipyard, Long Beach, CA 90822
N65886
Commanding Officer, Aviation Depot, Naval Air Station, Jacksonville,
FL 32212
N65888 -- ED
Aviation Depot, North Island, San Diego, CA 92135
N65889
Commanding Officer, Aviation Depot, Naval Air Station, Code 56000,
Pensacola, FL 32508
N65912 -- GP
Commanding Officer, Naval Sea Support Center, Atlantic, St. Juliens
Creek Annex, Portsmouth, VA 23702
N65913 -- 7L
Naval Sea Support Center, Pacific, San Diego, CA 92138
N65918 -- FT
Shore Intermediate Maintenance Activity, Naval Station, San Diego, CA
92136-5000
N65926 (MAJ00039) -- NSA-B
Officer in Charge, Naval Underwater Systems Center Detachment, AUTEC
West Palm Beach, West Palm Beach, FL 33402
N65928 -- N3
Naval Training Systems Center, Orlando, FL 32813
N65980 (MAJ00039) -- NSL-N
Naval Electronic Systems Engineering Activity, St. Inigoes, MD 20684
N65995 -- KM
Officer in Charge, Naval Support Activity, (Holy Loch, UK), FPO New
York 09514
N66001 -- 7N
Naval Command Control and Ocean Surveillance Center, ROT&E Division,
San Diego, CA 92152
N66021 -- 7G
Naval Air Pacific Repair Activity, (Atsugi, Japan), FPO Seattle, WA
98767
N66022 (MAJ00018) -- MDW,
Naval Dental Center, San Diego, CA
N66032 -- LK
Information Technology Acquisition Center, Building 218, Washington
Navy Yard, Washington, DC 20374
N66074 (MAJ00062) -- 8AU
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Prairie View A&M University, Prairie View, TX 77445
N66094 (MAJ00018) -- QAA-B
Naval Hospital, Cherry Point, NC 28533-5008
N66095 (MAJ00018) -- J5E
Naval Hospital, NAS, Lemoore, CA 93246
N66096 (MAJ00018) -- QAJ
Naval Hospital Naples, Box 19 (Naples, Italy), FPO New York
09521-0700
N66097 (MAJ00018) -- MDE
Naval Hospital, Oak Harbor, WA 98278-8800
N66125 (MAJ00070) -- V5J
Naval Facility (Guam), FPO San Francisco 96630-2903
N66231 (MAJ00072) -- 9TS
Naval Reserve Readiness Center, Bldg 2711, Naval Training Center,
Great Lakes, IL 60088-5707
N66398 (MAJ62980) -- ML6-7
Navy Motion Picture Service, Flushing & Washington Avenues, Brooklyn,
NY 11251-8400
N66458 (MAJ00065) -- S0C
Naval Oceanography Command Facility, NAS, Brunswick, ME 04011-5000
N66540 (MAJ62980) -- NVZ
Morale, Welfare and Recreation Division, Bureau of Naval Personnel,
Washington, DC 20370-5000
N66604 -- N4
Naval Undersea Warfare Center, Newport, RI 02840
N66612 (MAJ00062) -- L95
Commanding Officer, Naval Reserve Officers Training Corps Unit, The
Citadel, Charleston, SC 29409-0770
N66630 (MAJ00072) -- LCS
Naval Air Reserve, Naval Air Station, Point Mugu, CA 93042-5018
N66691 -- 4P
Commanding Officer, Naval Support Activity, (Souda Bay, Crete,
Greece), FPO New York 09528
N66715 -- VJ
Commander, Navy Recruiting Command, Washington, DC 22203-1191
N66753 (MAJ00062) -- R0G
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Jacksonville University, Jacksonville, FL 32211
N66754 (MAJ00069) -- 8QX
Commanding Officer, Naval Security Group Activity, (Sabana Seca, PR),
FPO Miami 34053
N66809 (MAJ00062) -- R0V
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Savannah State College, Savannah, GA 31404
N66810 (MAJ00062) -- L9H
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Southern University and A&M College, Baton Rouge, LA 70813
N66833 (MAJ00060) -- LHL
Commanding Officer, U.S. Naval Station Panama (Rodman, Canal Zone),
FPO Miami 34061-1000
N66863 (MAJ00018) -- MCU-X
Commanding Officer, Naval Biodynamics Laboratory, 13800 Old Gentilly
Road, Michout Assembly Facility, New Orleans, LA 70189
N66890 -- LJ
Naval Station, Mare Island, Supply and Fiscal Code 90, Bldg 851,
Vallejo, CA 94592
N66898 (MAJ00018) -- QAF
Commanding Officer, Naval Medical Clinic, New Orleans, LA 70142
N66957
Defense Printing Service Det. Office, Bldg. 2049, NTC, Orlando, FL
32813
N66959 (MAJ00023) -- 4JR
Defense Printing Service Det. Office, P.O. Box 3, NAS, Jacksonville,
FL 32212
N66965 (MAJ00023) -- 4JQ
Defense Printing Service Det. Office, Point Mugu, CA 93042-5027
N66972
Commanding Officer, Navy Recruiting District, 5901 S.W. 74th Street,
Miami, FL 33143
N67596
Commanding Officer, Navy Recruiting District, 102 W Rector Street,
San Antonio, TX 78216
N68011
Commanding Officer, Navy Recruiting District, 8 North Third Street,
Sterick Bldg., Memphis, TN 38103
N68047 (MAJ00070) -- 4L0
Naval Regional Contracting Center (Singapore), FPO San Francisco, CA
96699-2100
N68056 -- JE
Naval Medical Command Southwest Region, San Diego, CA 92134
N68057 -- VZ
Commanding Officer, Naval Regional Data Automation Center, Code 212,
Norfolk, VA 23511
N68064 (MAJ00062) -- R0D
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Florida, Van Fleet Hall, Room 26, Gainesville, FL 32601
N68072 (MAJ00062) -- L9V
Commanding Officer, Naval Reserve Officers Training Corps Unit, Texas
A&M University, College Station, TX 77843
N68073 (MAJ00063) -- NTU
Naval Computer and Telecommunications Station Diego Garcia (British
Indian Ocean Territory), FPO AP 96464-0008
N68084 (MAJ00018) -- MDJ-M
Commanding Officer (Code 206), Naval Hospital, Charleston, SC
29408-6900
N68086 -- 7S
Naval Hospital, Newport, RI 02841
N68088 (MAJ00061) -- NLL-N
National Support Unit Headquarters, Commander-in-Chief Iberian
Atlantic Area (Lisbon, Portugal), APO New York 09678-001
N68090 (MAJ00018) -- MD0-9
Naval Hospital, Long Beach, CA 90822-5199
N68092
Naval Medical Command Northeast Region, Great Lakes, IL 60088
N68093 (MAJ00018) -- MCG-H
Naval Hospital, Camp LeJeune, NC 28542-5008
N68094 -- V9
Naval Hospital, Camp Pendleton, CA 92055-5008
N68095 -- JF
Naval Hospital, Boone Road, Bremerton, WA 98312-1898
N68096 (MAJ00018) -- J50
Commanding Officer, Naval Hospital (Guam), FPO San Francisco
96630-1600
N68097
Naval Medical Command Northwest Region, Oakland, CA 94627
N68098 (MAJ00018) -- QAL-M
Naval Medical Clinic, Box 121 Code 01.3, Pearl Harbor, HI 96860-5080
N68101 (MAJ00018) -- MDT-V
Naval Medical Clinic, 17th Street and Pattison Avenue, Philadelphia,
PA 19145-5199
N68139 (MAJ00062) -- 8AZ
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Florida A&M University, Tallahassee, FL 32307
N68141 (MAJ00062) -- L9P
Commanding Officer, Naval Reserve Officers Training Corps Unit, Maine
Maritime Academy, Castine, ME 04421-0902
N68142 -- NK
Naval Computer & Telecommunications Station, Naval Air Station,
Pensacola, FL 32508-6100
N68165 (MAJ00060) -- J06-8
Naval Facility, (Brawdy, Wales, UK), FPO New York 09519
N68166 (MAJ00015) -- L01-2
Naval Technical Intelligence Center, 4301 Suitland Road, Washington,
DC 20390
N68171 -- M3
Commanding Officer, Naval Regional Contracting Center, (Naples,
Italy), FPO New York 09521
N68175 (MAJ62980) -- MQA
Navy Recruiting District New Jersey, Parkway Towers, Bldg A, 485 US
Route 1, So., Iselin, NJ 08830-3012
N68199
Commanding Officer, Navy Office of Information, Southeast, 1459
Peachtree Street, NE -- Suite 300, Atlanta, GA 30309
N68200 -- VM
Director, Navy Office of Information, Southwest, 1114 Commerce
Street, Suite 811, Dallas, TX 75242
N68221 -- 7J
Commanding Officer, Navy Personnel Research and Development Center,
San Diego, CA 92152
N68246 (MAJ00070) -- 4LL
Officer in Charge, U.S. Naval Supply Depot, Yokosuka Det., (Sasebo,
Japan), FPO Seattle 98766-2900
N68248 -- V6
Officer in Charge of Construction, Naval Facilities Engineering
Command Contracts, Naval Submarine Base, Kings Bay, GA 31547
R68251 (MAJ00070) -- LPC
Shore Intermediate Maintenance Activity, Box 141, Pearl Harbor, HI
96860
N68292 (MAJ00018) -- J5A
Naval Hospital (Yokosuka, Japan), FPO Seattle 98765-1615
N68297 -- ET
Naval Magazine, Lualualei, Oahu HI 96792-4301
N68303 (MAJ00062) -- R0C
Commanding Officer, Naval Reserve Officers Training Corps Unit, State
University of New York, Maritime College, Fort Schuyler, Bronx, NY
10465-4198
N68306 (MAJ00072) -- 9TF
Commander, Naval Reserve Readiness Command, Region Six, WNY Bldg.
200, Washington, DC 20374-2003
N68307 (MAJ00072) -- LCJ
Commander, Code 431, Naval Reserve Readiness Command, Region Ten, New
Orleans, LA 70142
N68308 (MAJ00072) -- 9TQ
Naval Reserve Readiness Command, Region 20, Bldg. 1, NAVSTA Treasure
Island, San Francisco, CA 94130-5032
N68311 -- JL
Naval Station, Long Beach, CA 90822
N68322 -- 7Z
Naval Education & Training Program, Management Support Activity, Code
SU1, Saufley Field, Pensacola, FL 32509
N68323 (MAJ00011) -- LBC
Naval Legal Service Office, 200 Stovall Street, Alexandria, VA
22332-2400
N68327 (MAJ62980) -- ML8
Commanding Officer, Naval Reserve Personnel Center, New Orleans, LA
70149-7800
N68328 (MAJ00072) -- 9TJ
Naval Reserve Readiness Command, Region 22, Bldg. 9, Naval Station,
Seattle, WA 98115-5009
N68329 (MAJ00072) -- LCL
Naval Reserve Readiness Command, Region Five, Bldg. 1033, USAAP,
Ravenna, OH 44266-9211
N68330 (MAJ00072) -- 9TN
Naval Reserve Readiness Command, Region 13, Bldg. 1, Code 712, NTC,
Great Lakes, IL 60088-5026
N68331 (MAJ00072) -- LCE-F
Naval Reserve Readiness Command, Region Four, Bldg. 662, Naval Base,
Philadelphia, PA 19112
N68332 (MAJ00072) -- 9T0-1
Commander, Naval Reserve Readiness Command, Region 18, 301 Navy
Drive, Industrial Airport, KS 66031-0031
N68335 -- 4Y
Commanding Officer, Naval Air Warfare Center, Aircraft Division
Lakehurst, Supply Dept., Purchase Division, Lakehurst, NJ 08733
N68348 (MAJ00072) -- 9TG
Commander, Naval Reserve Readiness Command, Region Nine, NAS Memphis
(76), Bldg. E-35, Millington, TN 38054
N68349
Commander, Naval Reserve Readiness Command, Region 16, Bldg. 715,
Minneapolis-St. Paul IAP, Minneapolis, MN 55450-2996
N68351 (MAJ00072) -- LCQ
Naval Reserve Readiness Command, Region One, Newport, RI 02840-5016
N68355 (MAJ00062) -- R0J
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Virginia Military Institute, Lexington, VA 24450-2697
N68356 (MAJ00072) -- 9TD
Commander, Naval Reserve Readiness Command, Region Seven, Naval Base,
Charleston, SC 29408
N68357 (MAJ00072) -- 9TL
Commander, Naval Reserve Readiness Command, Region Two, Scotia, NY
12302-9465
N68358 (MAJ00072) -- 9TA
Commander, Naval Reserve Readiness Command, Region Eight, Naval Air
Station, Jacksonville, FL 32212
N68359 (MAJ00072) -- 9TB
Commander, Naval Reserve Readiness Command, Region Eleven, Bldg. 11,
Naval Air Station, Dallas, TX 75211
N68378 -- KQ
Navy Public Works Center, San Francisco Bay, Oakland, CA 94623
N68391 (MAJ62980) -- MLB
Navy Recruiting District, Harrisburg, 310 North Second Street,
Harrisburg, PA 17101-1304
N68401 (MAJ62980) -- MLJ
Navy Recruiting District, San Diego, Naval Training Center, Bldg.
335, San Diego, CA 92133-6800
N68402 (MAJ00012) -- V8E
Navy Office of Information, New England Branch, 408 Atlantic Avenue,
Boston, MA 02210-2203
N68409 (MAJ00018) -- QAU
Naval Dental Center, San Francisco, CA 94130-5030
N68436, KC -- J6
Naval Submarine Base, Bangor, Code 863, Bremerton, WA 98315
N68441
Commanding Officer, Naval Dental Clinic, Naval Air Station,
Pensacola, FL 32508
N68443 -- 7T
Commanding Officer, Naval Dental Clinic, Bremerton, WA 98314
N68451 -- MF
Navy Regional Data Automation Center, San Francisco, Naval Air
Station, Alameda, CA 94501
N68470 (MAJ00018) -- J5J-M
Naval Hospital (Okinawa, Japan), FPO Seattle 98778-1610
N68497
Commanding Officer, Code 40, Naval Administrative Command, Naval
Training Station, Orlando, FL 32813
N68499 -- LX
Director, Naval Council of Personnel Boards, Ballston Center Tower
2, 801 North Randolph Street, Arlington, VA 22203-1989
N68518
Commanding Officer, Naval Reserve Financial Information Processing
Center, Code S43, 4400 Dauphine Street, New Orleans, LA 70146
N68520 -- 7P
Aviation Depot Operations Center, Naval Air Station, Patuxent River,
MD 20670
N68527 (MAJ00072) -- 9TT
Naval & MC Reserve Readiness Center, Armed Forces Reserve Center,
Floyd Bennett Field, Brooklyn, NY 11234-7097
N68546 -- QG
Navy Environmental Health Center, Naval Station, Norfolk, VA 23511
N68547 (MAJ00060) -- LHQ
Personnel Support Activity, Naval Station, Norfolk, VA 23511-5115
N68560 -- QM
Naval Computer & Telecommunications Station, Jacksonville, FL
32212-0111
N68561 (MAJ00039) -- NSE
Navy Management Systems Support Office, 1441 Crossways Blvd.,
Chesapeake, VA 23320-2843
N68593 (MAJ00060) -- LHE
Naval Ocean Processing Facility, Dam Neck, VA 23461-5450
N68608 (MAJ00011) -- LBP-Y
Naval Computer Telecommunications Station, 4400 Dauphine Street, New
Orleans, LA 70145-7700
N68610 -- GF
Officer in Charge, Fleet Hospital Support Office, 620 Central Ave.,
Bldg. 5, Alameda, CA 94501-3874
N68636 (MAJ00024) -- EHJ-K
Naval Sea Systems Command, Automated Data Systems Activity, P.O. Box
100, Indian Head, MD 20640-0100
N68691 -- JW
Naval Plant Representative Office (Melbourne, Australia), APO San
Francisco 96405
N68692 (MAJ00062) -- 8AX
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of San Diego/San Diego State University, Alcala Park, San
Diego, CA 92110-2496
N68695 (MAJ00060) -- LHG
Shore Intermediate Maintenance Activity, Naval Reserve Maintenance
Facility, Bldg. 133, Naval Base, Philadelphia, PA 19112-5066
N68699 (MAJ00062) -- 8AP
Commanding Officer, Naval Reserve Officers Training Corps Unit, Old
Dominion University/Hampton Institute, Norfolk State University, 5215
Hampton Blvd., Norfolk, VA 23508-8556
N68707 (MAJ00072) -- 9TU
Naval Reserve Maintenance Training Facility, Puget Sound Naval
Shipyard, Bremerton, WA 98314-5270
N68709 (MAJ00060) -- J0C
Naval Air Station, Mayport, FL 32228
N68710 (MAJ00062) -- L9K
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Virginia Polytechnic Institute and State University, Blacksburg, VA
24061-2306
N68717 (MAJ00062) -- L9L
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Boston University, 116 Bay State Road, Boston, MA 02215
N68725 (MAJ00062) -- R0Q
Commanding Officer, Naval Reserve Officers Training Corps Unit,
University of Arizona, Tucson, AZ 85721
N68726 (MAJ00062) -- R0T
Commanding Officer, Naval Reserve Officers Training Corps Unit, The
George Washington University, Washington, DC 20052
N68727 (MAJ00062) -- 8AF
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Memphis State University, Memphis, TN 38152-0001
N68728 (MAJ00062) -- 8AQ
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Norwich University, Northfield, VT 05663-1097
N68733 (MAJ00030) -- EKC
Strategic Weapons Facility, Atlantic, Kings Bay, GA 31547-6600
N68742 (MAJ00070) -- LPA
Naval Base, Seattle, WA 98115-5012
N68753 (MAJ00070) -- V5L
Naval Air Pacific Repair Activity Det., Singapore, SAE Singapore, FPO
San Francisco 96699-2700
N68829 (MAJ00060) -- J0J
Shore Intermediate Maintenance Activity (NRMF), Pier 2, Bldg. 68
NETC, Newport, RI 02841-5001
N68831 (MAJ00070) -- LPG
Shore Intermediate Maintenance Activity, San Francisco, Bldg. 162,
NAS, Alameda, CA 94501-5065
N68836 -- J9
Commanding Officer, Naval Supply Center, Jacksonville, FL 32212
N68857 (MAJ00062) -- 8AC
Commanding Officer, Naval Reserve Officers Training Corps Unit, Texas
Tech University, Lubbock, TX 79409-4559
N68860 -- KR
Naval Supply Center -- Pensacola, Pensacola, FL 32508-6200
N68875 (MAJ00018) -- QAP-S
Naval Hospital (Keflavik, Iceland), PSC 1003, Box 8, FPO AE
09728-0308
N68877 (MAJ00062) -- R0Y
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Carnegie Mellon University, Pittsburgh, PA 15213
N68881 (MAJ00062) -- L9E
Commanding Officer, Naval Reserve Officers Training Corps Unit,
Morehouse College, Atlanta, GA 30314
N68891 (MAJ00060) -- LH5
Naval Station, Ingleside, TX 78362-5000
N68899 (MAJ00072) -- LCW
Naval Reserve Intelligence Command, Bldg. 11, Naval Air Station,
Dallas, TX 75211-9541
N70092 (MAJ00069) -- 8QJ-K, Q-R
Naval Security Station, 3801 Nebraska Avenue, NW, Washington, DC
20390-8230
N70240 -- M6
Commanding Officer, Naval Computer and Telecommunications Station,
Naval Air Station, 937 N. Harbor Drive, San Diego, CA 92132
N70272 -- 8G,ND
Naval Computer and Telecommunications Area, Master Station Atlantic,
Norfolk, VA 23511-6898
N70273 -- V3
Naval Radio Station, Jim Creek, Oso, WA 98223
N70278 -- V4
Naval Computer and Telecommunications Station, (Yokosuka, Japan), Box
3, FPO Seattle 98762
N70283 (MAJ00069) -- 8QE
Commanding Officer, Code 30, Naval Security Group Activity, (Galeta
Island, Canal Zone), FPO Miami 34060-9998
N70294 -- 8H
U.S. Naval Computer and Telecommunications Area, Master Station MED,
(Naples, Italy), FPO New York 09524
N70310 -- N2
Naval Radio Station R, Sugar Grove, WV 26815
48 CFR 253.215-70 -- PART 4 -- MARINE CORPS ACTIVITY ADDRESS NUMBERS
M00027, MS*, MU* -- MS0-9
Headquarters, U.S. Marine Corps, Washington, DC 20380
M00146 -- MT
Marine Corps Air Station, Cherry Point, NC 28533
M00243 -- NE
Marine Corps Recruit Depot, San Diego, CA 92140
M00263 -- MX
Marine Corps Recruit Depot, Parris Island, SC 29905
M00264 (MAJ00027) -- MUT
Marine Corps Combat Development Command, Marine Corps Air Facility,
Quantico, VA 22134-5001
M00318
Marine Corps Air Station (Kaneohe Bay, Oahu, HI), FPO San Francisco,
CA 96628
M00681 -- NG
Marine Corps Base, Camp Pendleton, Oceanside, CA 92054
M60050 -- MV
Marine Corps Air Station, El Toro, Santa Ana, CA 92709
M62204 -- MW
Marine Corps Logistics Base, Barstow, CA 92311
M62974 -- NA
Marine Corps Air Station, Yuma, AZ 85364
M67001 -- NB
Marine Corps Base, Camp Lejeune, NC 28542
M67004 -- NC
Marine Corps Logistics Base, Albany, GA 31704
M67011 (MAJ00027) -- MSA
Director, 1st Marine Corps District, Garden City, Long Island, NY
11530
M67013 (MAJ00027) -- MSC
Director, 4th Marine Corps District, Philadelphia, PA 19112-5072
M67015 (MAJ00027) -- MSE
Director, 6th Marine Corps District, Atlanta, GA 30303
M67016 (MAJ00027) -- MSG
Director, 8th Marine Corps District, New Orleans, LA 70113
M67017 (MAJ00027) -- MSJ
Director, 9th Marine Corps District, Shawnee Mission, KA 66204
M67019 (MAJ00027) -- MSL
Director, 12th Marine Corps District, San Francisco, CA 94130
M67021 (MAJ00027) -- MUC
Marine Aircraft Wing 4, New Orleans, 4400 Dauphine Street, New
Orleans, LA 70146-9125
M67025
Headquarters, Fleet Marine Force, Pacific, (Pearl Harbor, HI), FPO
San Francisco 96610
M67029 (MAJ00027) -- MSN
Marine Barracks, Washington, DC 20003
M67030 (MAJ00027) -- MUP
Marine Corps Security Force Battalion Pacific, NAVSTA Mare Island,
Vallejo, CA 94592-5022
M67290 (MAJ00027) -- MSY
Marine Aviation Training Support Group-90, NATTC, NAS Memphis,
Millington, TN 38054-5123
M67351
Marine Corps Security Force Company (London, UK), APO New York 09510
M67353 (MAJ00027) -- MSQ
Headquarters Battalion, Marine Corps, Henderson Hall, Arlington, VA
22214
M67354
Post Supply Officer, Headquarters Marine Corps, Navy Annex,
Arlington, VA 20380
M67355 (MAJ00027) -- MUN
Landing Force Training Command Atlantic, Naval Surface Force, U.S.
Atlantic Fleet, Naval Amphibious Base, Little Creek, Norfolk, VA
23521-2350
M67385 (MAJ00027) -- MU0-1
Camp H.M. Smith, U.S. Marine Corps, Halawa Heights, Oahu, Hawaii
96861
M67391 -- KY
Marine Corps Camp Det. (Camp Elmore), Norfolk, VA 23511
M67399 -- NF
Marine Corps Air-Ground Combat Center, Twentynine Palms, CA 92278
M67400 -- QJ
Marine Corps Procurement Office, Okinawa, Marine Corps Base, Camp
Smedley D. Butler (Ryuku Island, Southern), FPO Seattle, WA 98773
M67428 -- JA
Marine Corps Air Bases Western Area, MCAS El Toro, Santa Ana, CA
92709
M67443 -- LG
Defense Finance and Accounting Service, Kansas City Center, Kansas
City, MO 64197
M67842 -- K6
East Coast Commissary Complex, Marine Corps Base, Camp LeJeune, NC
28542
M67853 (MAJ00027) -- MUR
Marine Corps Security Force Battalion Atlantic, Naval Base, Norfolk,
VA 23511-5697
M67854 (MAJ00027) -- MU6-9
Marine Corps Research, Development and Acquisition Command,
Washington, DC
M68479 (MAJ00027) -- MSU
4th Marine Division (Rein), FMF, USMCR, 4400 Dauphine Street, New
Orleans, LA 70146-5400
M68522 (MAJ00027) -- MSW
Marine Corps Reserve Support Center, Purchasing Department, 16950 El
Monte, Overland Park, KS 66211-1408
48 CFR 253.215-70 -- PART 5 -- AIR FORCE ACTIVITY ADDRESS NUMBERS
F01600 -- 5A
3800 LS/LGC, Maxwell AFB, AL 36112-5320
F01620 -- 6K
SSC/PK, Gunter AFS, AL 36114-6343
F02600 -- 5B
82 SG/LGC, Williams AFB, AZ 85240-5004
F02601 -- 5C
355 CONS/CC, Davis-Monthan AFB, AZ 85707-5320
F02604 -- 5D
58 CONS/CC, Luke AFB, AZ 85309-5320
F03601 -- 5E
97 LOGSS/LGLC, Eaker AFB, AR 72317-5320
F03602 -- 5F
314 CONS/LGC, Little Rock AFB, AR 72076-5320
F04604 -- 5G
93 CONS/LGC, Castle AFB, CA 95342-5320
F04605 -- 5H
22 CONS/LGC, March AFB, CA 92518-5320
F04606 -- SM
SM-ALC/PK, Directorate of Contracting, Sacramento Air Logistics
Center, McClellan AFB, CA 95652-5320
F04607 -- 5J
63 MAW/LGC, Norton AFB, CA 92409-5320
F04609 -- 5K
35 FW/LGC, George AFB, CA 92394-5320
F04611 -- QQ
AFFTC/PK, Edwards AFB, CA 93523-5320
F04612 -- 5L
323 LG/LGC, Mather AFB, CA 95655-5320
F04626 -- 5M
60 MAW/LGC, Travis AFB, CA 94535-5320
F04666 -- 5N
9 CONS/LGC, Beale AFB, CA 95903-5320
F04684 -- QW
4392 AEROSW/LGC, Vandenberg AFB, CA 93437-5320
F04689 -- RN
2nd Satellite Tracking Group/LKD, Onizuka Air Force Base, P.O. Box
3430, Sunnyvale, CA 94088-3430
F04690 --
CSTC/PM, P.O. Box 3430, Sunnyvale, CA 94088-3430
F04693 -- MG
SSD/PMB, Base Contracts, P.O. Box 92960, Worldway Postal Center, Los
Angeles, CA 90009-9260
F04699 -- Q5
SM-ALC/PKO, Operational Contracting, McClellan AFB, CA 95652-5320
F04700 -- Q2
AFFTC/PKO, Operational Contracting, Edwards AFB, CA 93523-5000
F04701 -- TB
SSD/PK, Space Systems Division, P.O. Box 92960, Worldway Postal
Center, Los Angeles, CA 90009-9260
F04702 --
1352 AVS/PK, Norton AFB, CA 92409-5996
F04703 -- R8
30 SW/PK, Vandenberg AFB, CA 93437-6021
F04704 -- R9
BMO/PK, Ballistic Missile Organization, Norton AFB, CA 92409-6463
F04709 -- S5
Det 42, SM-ALC, Norton AFB, CA 92409-6447
F05600 -- 5P
3415 CONS/LGC, Lowry AFB, CO 80230-5320
F05603 --
HQ Air Force Space Command/PKD, Director of Systems Contracting, Stop
7, Peterson AFB, CO 80914-5001
F05604 -- SX
3d Space Support Wing/PKB, Stop 20, Peterson AFB, CO 80914-5000
F05611 -- 5Q
USAFA/LGC, USAF Academy, CO 80840-0189
F07603 -- 5R
436 AW/LGC, Dover AFB, DE 19902-5320
F08602 -- 5S
56 CONS/CC, MacDill AFB, FL 33608-5320
F08606 -- RG
45 SW/PK, Patrick AFB, FL 32925-5472
F08620 -- 5T
1 SOW/LGC, Hurlburt Field, FL 32544-5320
F08621 -- 5U
31 CONS/CC, Homestead AFB, FL 33039-5320
F08626 -- QU
ASD-OL/PK, Aeronautical Systems Division, Eglin AFB, FL 32542-5000
F08630 -- S1
WL/MNK, Eglin AFB, FL 32542-5000
F08635 -- RH
AFDTC/PK, Air Force Development Test Center, Eglin AFB, FL 32542-5000
F08637 -- 5V
325 CONS/CC, Tyndall AFB, FL 32403-5320
F08650 -- TJ
ESMC/PMK, Base Contracts, Patrick AFB, FL 32925-5472
F08651 -- Q3
AFDTC/PKO, Operational Contracting, Eglin AFB, FL 32542-5320
F09603 -- RJ, RR
WR-ALC/PK, Warner Robins Air Logistics Center, Robins AFB, GA
31098-5320
F09604 -- RU
Det 8, 2762 Logistics Sq Special (AFMC), Robins AFB, GA 31098
F09607 -- 5W
347 CONS/CC, Moody AFB, GA 31699-5320
F09609 -- 5X
94 CSG/LGC, Dobbins AFB, GA 30069-5320
F09634 -- 5Y
HQ AFRES/LGC, Robins AFB, GA 31098-6001
F09650 -- Q6
WR-ALC/PKO, Operational Contracting, Robins AFB, GA 31098-5320
F10603 -- 5Z
366 CONS/CC, Mountain Home AFB, ID 83648-5320
F11602 -- 6A
3345 LG/LGC, Chanute AFB, IL 61868-5320
F11603 -- 6B
928 TAG/LGC, Chicago O'Hare ARFF, IL 60666-5000
F11623 -- 6C
375 AAW/LGC, Scott AFB, IL 62225-5320
F11624 -- X4
CSPO/PGZ, Scott AFB, IL 62225-6001
F11626 -- RL
HQ AMC/XOK, Scott AFB, IL 62225-5001
F12617 -- 6D
305 CONS/LGC, Grissom AFB, IN 46971-5320
F14614 -- 6E
384 CONS/LGC, McConnell AFB, KS 67221-5320
F16600 -- 6F
23 FW/LGC, England AFB, LA 71311-5320
F16602 -- 6G
2 CONS/LGC, Barksdale AFB, LA 71110-5320
F17600 -- 6H
42 CONS/LGC, Loring AFB, ME 0475-5320
F17608
101 AREFW/LGC, Bangor International Airport, ME 04401-5320
F19617 -- R5
439 CSG/LGC, Westover AFB, MA 01022-5320
F19628 -- RS
ESD/PK, Electronic Systems Division, Hanscom AFB, MA 01731-5000
F19630 -- RV
AFCAC/PK, Hanscom AFB, MA 01731-6340
F19650 -- SH
ESD/PKO, Operational Contracting, Hanscom AFB, MA 01731-5320
F20603 -- 6J
379 LOGSS/LGLC, Wurtsmith AFB, MI 48753-5320
F20613 -- 6L
410 CONS/LGC, K.I. Sawyer AFB, MI 49843-5320
F21611 -- 6N
934 CSS/LGC, Minneapolis-St. Paul IAP, MN 55450-5000
F22600 -- RC
3380 CONS/LGC, Keesler AFB, MS 39534-5000
F22608 -- 6Q
14 CONS/LGC, Columbus AFB, MS 39701-5000
F23606 -- 6R
351 CONS/LGC, Whiteman AFB, MO 65305-5320
F23608 -- 6S
442 CSG/LGC, Richards-Gebaur AFB, MO 64030-5000
F24604 -- 6T
301 CONS/LGC, Malmstrom AFB, MT 59402-5320
F25600 -- 6U
55 CONS/LGC, Offutt AFB, NE 68113-5320
F25606 -- TD
3908 CONS/LGC, Offutt AFB, NE 68113-5000
F26600 -- S4
554 CONS/CC, Nellis AFB, NV 89191-5320
F26606 -- 6M
37 FW/LGC, Nellis AFB, NV 89191-5320
F28609 -- 6V
438 MAW/LGC, McGuire AFB, NJ 08641-5320
F28620 -- SN
OL-A, 1605 MASW/LGC, McGuire AFB, NJ 08641-5000
F29601 -- RW
PL/PK, Phillips Laboratory, Kirtland AFB, NM 87117-5320
F29605 -- 6W
27 CONS/CC, Cannon AFB, NM 88103-5320
F29650 -- R3
PL/PKO, Operational Contracting, Phillips Laboratory, Kirtland AFB,
NM 87117-5320
F29651 -- 6X
49 CONS/CC, Holloman AFB, NM 88330-5320
F30602 -- RX
RL/PK, Rome Lab, Griffiss AFB, NY 13441-5700
F30617 -- 6Y
914 TAG/LGC, Niagara Falls IAP, NY 14304-5320
F30635 -- S3
416 CONS/LGC, Griffiss AFB, NY 13441-5320
F30636 -- 6Z
380 CONS/LGC, Plattsburgh AFB, NY 12903-5320
F31601 -- BU
317 CONS, Pope AFB, NC 28308-5320
F31610 -- BW
4 CONS/CC, Seymour Johnson AFB, NC 27531-5320
F32604 -- BX
5 CONS/LGC, Minot AFB, ND 58705-5320
F32605 -- BY
319 CONS/LGC, Grand Forks AFB, ND 58205-5320
F33600 -- RZ
WPCC/PKR, PKS, PKT & PKY, Wright-Patterson AFB, OH 45433-5320
F33601 -- Q7
WPCC/PKO, Operational Contracting, Wright-Patterson AFB, OH
45433-5320
F33615 -- SG
WL/PK, Wright Laboratory, Wright Patterson AFB, OH 45433-6503
F33630 -- C1
910 TAG/LGC, Youngstown MAP, OH 44473-0910
F33657 -- SC
ASD/PK, Aeronautical Systems Division, Wright-Patterson AFB, OH
45433-6503
F33659 -- Q8
AGMC/PK, Directorate of Contracting, Newark AFB, OH 43055-5320
F33660 -- TA
AGMC/PKO, Operational Contracting, Newark AFB, OH 43057-5320
F33733 -- J8
WL/MTD, Wright-Patterson AFB, OH 45433-6503
F34600 -- C2
71 FTW/CVC, Vance AFB, OK 73705-5000
F34601 -- SD
OC-ALC/PK, Directorate of Contracting, Oklahoma City Air Logistics
Center, Tinker AFB, OK 73145-5320
F34608 -- TF
HQ CSC/PK, Tinker AFB, OK 73145-6343
F34612 -- C3
443 CON SQ/LGC, Altus AFB, OK 73523-5320
F34650 -- Q9
OC-ALC-PKO, Operational Contracting, Tinker AFB, OK 73145-5320
F35610 -- C4
114 TFTS/LGC, Kingsley Field, Klamath Falls, OR 97601
F36629 -- C7
911 TAG/LGC, Greater Pittsburgh IAP, PA 15231-5320
F36700 -- C8
913 TAG/LGC, Willow Grove ARF, PA 19090-5130
F38601 -- C9
363 CONS/CC, Shaw AFB, SC 29152-5320
F38604 -- T3
HQ USCENTAF/LGC, Shaw AFB, SC 29152-5002
F38606 -- CA
354 FW/LGG, Myrtle Beach AFB, SC 29579-5320
F38610 --
437 MAW/LGC, Charleston AFB, SC 29404-5320
F39601 -- CT
28 CONS/LGC, Ellsworth AFB, SD 57706-5320
F40600 -- Q4
AEDC/PK, Arnold Engineering Development Center, Arnold AFB, TN
37389-5000
F40650 -- D1
AEDC/PKO, Operational Contracting, Arnold AFB, TN 37389-5000
F41608 -- SA
SA-ALC/PK, Directorate of Contracting, San Antonio Air Logistics
Center, Kelly AFB, TX 78241-5320
F41612 -- D4
3750 CONS/LGC, Sheppard AFB, TX 76311-5000
F41613 -- D5
7 LOGSS/LGLC, Carswell AFB, TX 76127-5320
F41614 -- E2
3499 CONS/LGC, Goodfellow AFB, TX 76908-5000
F41620 -- E3
64 CONS/LGC, Reese AFB, TX 79489-5000
F41621 -- SJ
HQ AFIC/LEC, San Antonio, TX 78243-5000
F41622 -- QY
HSD/PKO, Operational Contracting, Brooks AFB, TX 78235-5320
F41624 -- RQ
HSD/PK, Brooks AFB, TX 78235-5320
F41636 -- ZV
3700 CONS/CC, Lackland AFB, TX 78236-5000
F41640
HQ AFCOMS/DOC, Kelly AFB, TX 78241-6290
F41650 -- YA
SA-ALC/PKO, Operational Contracting, Kelly AFB, TX 78241-5320
F41652 -- E5
96 CONS/LGC, Dyess AFB, TX 79607-5320
F41685 -- E6
47 CONS, Laughlin AFB, TX 78840-5000
F41687 -- E9
67 RW/LGC, Bergstrom AFB, TX 78743-5320
F41689 -- SK
3303 CONS/CC, Randolph AFB, TX 78150-5001
F41691 -- Y0
12 CONS/LGC, Randolph AFB, TX 78150-5000
F41999
AFNAF Purchasing Office, HQ AFMPC/DPMSK, 9504 IH 35 North, Rm 330,
San Antonio, TX 78233
F42600 -- QP, SY
OO-ALC/PK, Directorate of Contracting, Ogden Air Logistics Center,
Hill AFB, UT 84056-5320
F42610 -- TE
OO-ALC/PK, ICBM Directorate Contracting, Ogden Air Logistics Center,
Hill AFB, UT 84056-5320
F42620 -- TG
OO-ALC/PK, Aircraft Directorate Contracting, Ogden Air Logistics
Center, Hill AFB, UT 84056-5320
F42630 -- XP
OO-ALC/PK, Commodities Directorate Contracting, Ogden Air Logistics
Center, Hill AFB, UT 84056-5320
F42650 -- R2
OO-ALC/PKO, Operational Contracting, Hill AFB, UT 84056-5320
F44600 -- F3
1 CONS/CC, Langley AFB, VA 23665-5320
F44650 -- Q1
4400 CONS/LGCN, Langley AFB, VA 23665-5000
F45603 -- F5
62 CONS, McChord AFB, WA 98438-5320
F45613 -- F8
92 CONS/LGC, Fairchild AFB, WA 99011-5320
F47606 -- G7
440 TAW/LGC, Gen. Billy Mitchell Field, 00 College Ave., Milwaukee,
WI 53207-5000
F48608 -- G9
90 CONS/LGC, F.E. Warren AFB, WY 82001-5320
F49620
AFOSR/PK, Bolling AFB, DC 20332-6448
F49642 -- J1
1100 CNS/CN (AFDW), Operational Contracting, Andrews AFB, DC
20331-5320
F49650 -- X0
1100 CNS/SP (AFDW), Specialized Contracting, Andrews AFB, DC
20331-5320
F61040 -- M1
1605 MASW/LGC, APO AE 09720-5320
F61051
USDAO, American Embassy -- Brussels, APO AE 09724
F61060
USDAO, American Embassy -- Sofia, APO AE 09242
F61080
USDAO, American Consulate General -- Prague, APO AE 09242
F61100
USDAO, American Embassy -- Copenhagen, APO AE 09716
F61101 -- T1
Det 1, Space Combat Operations Staff/LGC, APO AE 09716-5000
F61130
USDAO, American Embassy -- Helsinki, APO AE 09723
F61171
USDAO, American Embassy -- Athens, APO AE 09840
F61180
USDAO, American Consulate General -- Budapest, APO AE 09242
F61210
USDAO, American Embassy -- Rome, APO AE 09624
F61211 -- N9
401 FW/LGC, APO AE 09601-5320
F61214 -- U9
7275 ABG/LGC, APO AE 09605-5320
F61230 -- XV
OL-PM WR-ALC/PKE, Bldg 519, APO AE 09094-5000
F61260
USDAO, American Embassy -- The Hague, APO AE 09715
F61270
USDAO, American Embassy -- Oslo, APO AE 09707
F61271 -- T8
USAFE Contracting Office, OL-D Det 4, 7000 CONS/LGC, APO AE
09707-5320
F61280
USDAO, American Consulate General -- Belgrade, APO AE 09242
F61290
USDAO, American Embassy -- Lisbon, APO AE 09726
F61301
USDAO, American Embassy -- Bucharest, APO AE 09242
F61308 -- W3
USAFE Contracting Region -- Spain, OL-B Det 5, 7000 CONS/LGC, APO AE
09643-5320
F61310
USDAO, American Embassy -- Madrid, APO AE 09285
F61354 -- W8
7241 ABG/LGC, APO AE 09821-5320
F61355 -- T4
7217 ABG/LGC, APO AE 09822
F61358 -- W9
39 TACG/LGC, APO AE 09824-5320
F61503 -- UC
435 TAW/LGC, APO AE 09097-5320
F61504 -- T6
7350 ABG/LGC, APO AE 09187-5320
F61517 -- UF
USAFE Contracting Region -- Eifel, Det 3, 7000 CONS/LGC, APO AE
09132-5320
F61521 -- UH
USAFE Contracting Office, Det 2, 7000 CONS/LGC, APO AE 09094-5320
F61546 -- UJ
USAFE Contracting Center, OL A, Det 2/7000 CONS/LG, APO AE 09196-5320
F61708 -- UK
USAFE Contracting Region -- Thames Valley, OL-E Det 4, 7000 CONS/LGC,
APO AE 09466-5320
F61712 -- UM
USAFE Contracting Office, OL-B Det 4, 7000 CONS/LGC, APO AE
09405-5320
F61730 -- UQ
USAFE Contracting Office, OL-C Det 4, 7000 CONS/LGC, APO AE
09470-5320
F61775 -- UV
USAFE Contracting Region -- UK North, Det 4, 7000 CONS/LGC, APO AE
09461-5320
F61815 -- T7
32 FG/LGC, APO AE 09719-5320
F61817 -- UW
USAFE Contracting Office, OL-A Det 5, 7000 CONS/LGC, APO AE
09646-5320
F61910 -- WJ
USAFE Contracting Office, OL-A Det 3, 7000 CONS/LGC, APO AE
09122-5320
F62032 -- 4D
HQ USMTM/SAS-LGC, APO AE 09803-1300
F62321 -- RA
18 CONS/LGC, APO AP 96368-5320
F62509 -- QZ
432 CONS/LGC, APO AP 96319-5320
F62562 -- SW
475 CONS/LGC, APO AP 96328-5320
F62600
5 DSCS/LGC, APO SF 96287-5000
F63197 -- UX
7276 ABG/LGC, APO AE 09846-5320
F64133 -- S9
633 CONS/LGC, APO AP 96542-5320
F64605 -- TN
15 CONS/LGC, Hickam AFB, HI 96853-5320
F64620 -- SZ
HQ PACAF/LGC, Hickam AFB, HI 96853-5001
F64719 -- TK
13 AF/OLAB, FPO AP 96534
F65501 -- WF
3 CONS/LGC, Elmendorf AFB, AK 99506-5001
F65503 -- WH
343 CONS/LGC, Eielson AFB, AK 99702-5320
F66501 -- R7
24 CONS/LGC, APO AA 34001-5320
48 CFR 253.215-70 -- PART 6 -- DEFENSE LOGISTICS AGENCY ACTIVITY ADDRESS
NUMBERS
DLAH00 -- YK
Defense Logistics Agency, ADP/Telecommunications Contracting Office,
Cameron Station, Alexandria, VA 22304-6100
DLA003 -- TT
Defense Depot Ogden, Ogden, UT 84407-5000
DLA004 -- WX
Defense Distribution Region East (DDRE), Office of Contracting, New
Cumberland, PA 17070-5001
DLA005 -- TV
Defense Distribution Region West (DDRW), Office of Contracting, Bldg
S-4, Lathrop, CA 95330-5000
DLA100 -- TW
Defense Personnel Support Center, Directorate of Clothing & Textiles,
2800 South 20th Street, Philadelphia, PA 19101-8419
DLA120 -- TX
Defense Personnel Support Center, Directorate of Medical Materiel,
2800 South 20th Street, Philadelphia, PA 19101-8419
DLA13H -- UE
Defense Personnel Support Center, Directorate of Subsistence, 2800
South 20th Street, Philadelphia, PA 19101-8419
DLA132
Defense Subsistence Office, Kansas City, 601 E. 12th Street, Room
1768, Kansas City, MO 64106-2895
DLA136 -- W5
Defense Subsistence Office, Cheatham, Cheatham Annex, Bldg 113,
Williamsburg, VA 23185-0001
DLA137 -- W6
Defense Subsistence Region, Pacific, 2155 Mariner Square Loop,
Alameda, CA 94501-1022
DLA139 -- U6
Defense Subsistence Region, Europe, APO New York, NY 09052
DLA140 -- W7
Defense Personnel Support Center, (Installation Support), 2800 South
20th Street, Philadelphia, PA 19101-8419
DLA200 -- X1
Defense Reutilization and Marketing Service, Federal Center --
Hazardous System, Battle Creek, MI 49017-3092
DLA210 -- X1
Defense Reutilization and Marketing Service, Federal Center -- Supply
System, Battle Creek, MI 49017-3092
DLA300 -- VS
Defense National Stockpile Center, 1745 Jefferson Davis Hwy, Suite
100, Arlington, VA 22202-5000
DLA301 -- VT
Defense National Stockpile Center, Zone 1 Management Office, Room
19-116, 26 Federal Plaza, New York, NY 10278-5000
DLA302 -- VU
Defense National Stockpile Center, Zone 2 Management Office, 3200
Sheffield Avenue, Hammond, IN 46327-5000
DLA303 -- VY
Defense National Stockpile Center, Zone 3 Management Office, 819
Taylor Street, Fort Worth, TX 76102-5000
DLA400 -- TY
Defense General Supply Center, 8000 Jefferson Davis Highway,
Richmond, VA 23297-5000
DLA410 -- XH
Defense General Supply Center, Contracts Division III, Special
Acquisition and Base Support Branch, 8000 Jefferson Davis Highway,
Richmond, VA 23297-5312
DLA411 -- TY
Defense General Supply Center, Contracts Division III, Emergency
Supply Operations Center Support, 8000 Jefferson Davis Highway,
Richmond, VA 23297-5313
DLA 412 -- TY
Defense General Supply Center, Contracts Division III, Electronic
Source Branch, 8000 Jefferson Davis Highway, Richmond, VA 23297-5314
DLA413 -- TY
Defense General Supply Center, Contracts Division III, Special
Purchase Branch, 8000 Jefferson Davis Highway, Richmond, VA 23297-5320
DLA 414 -- TY
Defense General Supply Center, Contracts Division III, Systems
Automated Small Purchase I, 8000 Jefferson Davis Highway, Richmond, VA
23297-5316
DLA420 -- XK
Defense General Supply Center, Educational Supplies Branch, 8000
Jefferson Davis Highway, Richmond, VA 23297-5320
DLA430 -- TY
Defense General Supply Center, Commodity Oriented Logistics Office,
8000 Jefferson Davis Hwy, Richmond, VA 23297-5330
DLA440 -- TY
Defense General Supply Center, Contracts Division I, Branch A, 8000
Jefferson Davis Highway, Richmond, VA 23297-5341
DLA441 -- TY
Defense General Supply Center, Contracts Division I, Branch B, 8000
Jefferson Davis Highway, Richmond, VA 23297-5344
DLA450 -- TY
Defense General Supply Center, Contracts Division II, Branch A, 8000
Jefferson Davis Highway, Richmond, VA 23297-5351
DLA451 -- TY
Defense General Supply Center, Contracts Division II, Branch B, 8000
Jefferson Davis Highway, Richmond, VA 23297-5355
DLA460 -- TY
Defense General Supply Center, Aviation Division, Aircraft Structural
Components Branch, 8000 Jefferson Davis Highway, Richmond, VA 23297-5361
DLA461 -- TY
Defense General Supply Center, Aviation Division, Aircraft
Accessories & Components Branch, 8000 Jefferson Davis Highway, Richmond,
VA 23297-5362
DLA490 -- TY
Defense General Supply Center, Industrial Plant Equipment Branch,
8000 Jefferson Davis Highway, Richmond, VA 23297-5100
DLA491 -- TY
Defense Industrial Plant Equipment Center, Defense General Supply
Center Site Command, Base Operations Support, Memphis, TN 38114-5297
DLA500 -- TZ
Defense Industrial Supply Center, 700 Robbins Avenue, Philadelphia,
PA 19111-5096
DLA510 -- W2
Defense Industrial Supply Center, Base Operating Support System
(BOSS), 700 Robbins Avenue, Philadelphia, PA 19111-5096
DLA520
Defense Industrial Supply Center, Product Verification Testing (PVT)
Acquisitions, 700 Robbins Avenue, Philadelphia, PA 19111-5096
DLA600 -- UA
Defense Fuel Supply Center, Cameron Station, Alexandria, VA
22304-6160
DLA700 -- UB
Defense Construction Supply Center, P.O. Box 3990, Columbus, OH
43216-5000
DLA710 -- YL
Defense Construction Supply Center, Commercial Activities & Services
Branch, P.O. Box 16704, Columbus, OH 43216-5010
DLA720 -- YM
Defense Construction Supply Center, Wood Products Branch, P.O. Box
16704, Columbus, OH 43216-5010
DLA730 -- WZ
Defense Construction Supply Center, Military Interdepartmental
Purchase Request, MIPR Division, P.O. Box 3990, Columbus, OH 43216-5000
DLA740 -- XJ
Defense Construction Supply Center, High Demand Group (MINI-ICP),
P.O. Box 3990, Columbus, OH 432316-5000
DLA750 -- UB
Defense Construction Supply Center, Contracts Division I, P.O. Box
16704, Columbus, OH 43216-5010
DLA760 -- UB
Defense Construction Supply Center, Contracts Division II, P.O. Box
16704, Columbus, OH 43216-5010
DLA770 -- UB
Defense Construction Supply Center, Contracts Division III, P.O. Box
16704, Columbus, OH 43216-5010
DLA8AC -- UG
DCMAO, Santa Ana, 34 Civic Center Plaza, P.O. Box C 12700, Santa Ana,
CA 92712-2700
DLA8AL -- Y1
DCMAO, Atlanta, 805 Walker Street, Marietta, GA 30060-2789
DLA8AM -- YQ
DPRO McDonnell Douglas, P.O. Box 5669, Titusville, FL 32783-5669
DLA8AN -- Z4
DCMAO Clearwater, 1100 Cleveland Street, Suite 200, Clearwater, FL
34615-4822
DLA8AP -- Z5
DPRO Grumman St. Augustine, 5000 US HWY 1, North, P.O. Drawer 3447,
St. Augustine, FL 32085-3447
DLA8AQ -- U8
DCMC Aircraft Program Management Office, 805 Walker Street, Marietta,
GA 30060-2789
DLA8AR
DPRO Michoud, 13800 Old Gentilly Highway, Bldg. 350, P.O. Box 29503,
New Orleans, LA 70189-0503
DLA8AS
DCMAO Atlanta, Termination Settlement Division, 805 Walker Street,
Marietta, GA 30060-2789
DLA8AT -- UL
DCMD South, 805 Walker Street, Marietta, GA 30060-2789
DLA8AU -- QV
DPRO Aerojet, Sacramento, P.O. Box 15846, Sacramento, CA 95852-1846
DLA8BC -- UP
DCMAO Bridgeport, 555 Lordship Blvd, Stratford, CT 06497-5000
DLA8BF -- W1
DPRO Bell Helicopter Textron, P.O. Box 1605, Fort Worth, TX
76101-1605
DLA8BG -- WM
DPRO, Stewart and Stevenson Inc, Attn: DCMDS-RXD, 5000 Interstate 10
West, P.O. Box 457, Sealy, TX 77474-0457
DLA8BL -- Y4
DPRO Textron Lycoming Division, 550 Main Street, Stratford, CT
06497-7593
DLA8BM -- UR
DCMAO Baltimore, 200 Towsontown Blvd., West, Towson, MD 21204-5299
DLA8BN -- US
DPRO AT&T Technologies, Inc., 204 Graham Hopedale Road, Burlington,
NC 27217-2941
DLA8BP -- UT
DCMD Northeast, 495 Summer Street, Boston, MA 02210-2184
DLA8BQ -- TU
DPRO Boeing Helicopter, P.O. Box 16859, Philadelphia, PA 19142-0859
DLA8BR -- SP
DPRO Boeing, Seattle, P.O. Box 3707, Seattle, WA 98124-3707
DLA8BS -- Y3
DCMAO Boston, 495 Summer Street, Boston, MA 02210-2184
DLA8BT -- UU
DPRO Allied Signal, Route 46, Teterboro, NJ 07068-1173
DLA8BU -- XC
DCMAO Buffalo, 1103 Federal Building, 111 W. Huron Street, Buffalo,
NY 14202-2392
DLA8BV -- YT
DPRO General Electric, Lakeside Avenue, Burlington, VT 05401-4984
DLA8BW -- RP
DPRO Boeing Military Airplanes, P.O. Box 7730, Wichita, KS 62777-7730
DLA8CD -- UZ
DCMAO Cedar Rapids, 1231 Park Place, NE, Cedar Rapids, IA 52402-2023
DLA8CH -- UY
DCMD North Central, O'Hare International Airport, P.O. Box 66475,
Chicago, IL 60666-0475
DLA8CL -- VB
DCMAO Cleveland, A.J. Celebreeze Federal Building, 1240 East Ninth
Street, Cleveland, OH 44199-2063
DLA8CM -- U5
DPRO BMY Marysville, 13311 Industrial Parkway, Marysville, OH
43040-9599
DLA8C0 -- X6
DPRO Loral, 1432 Exeter Road, Akron, OH 44306-3893
DLA8CS -- VE
DPRO General Dynamics, 5001 Kearny Villa Road, P.O. Box 85375, San
Diego, CA 92138-5357
DLA8DB -- Z7
DCMAO Dallas, P.O. Box 50500, Dallas, TX 75250-5050
DLA8DC -- VH
DCMAO San Diego, 7675 Dagget Street, Suite 200, San Diego, CA
92111-2241
DLA8DD -- U4
DPRO Rockwell International, 3200 E Renner Road, MS 462-115,
Richardson, TX 75082-2402
DLA8DL -- TC
DPRO Douglas, Long Beach, 3855 Lakewood Boulevard, Long Beach, CA
90846-0001
DLA8DM -- Y7
DCMAO Detroit, McNamara Federal Building, 477 Michigan Avenue,
Detroit, MI 48226-2506
DLA8DN -- VK
DCMAO, Denver, Orchard Place 2, 5975 Greenwood Plaza Building,
Englewood, CO 80111-5000
DLA8DP -- VL
DCMAO, Dayton, c/o Defense Electronics Supply Center, Building 1,
Dayton, OH 45444-5300
DLA8EC -- YP
DCMAO, Chicago, O'Hare International Airport, P.O. Box 66911,
Chicago, IL 60666-0911
DLA8EG -- ST
DPRO, Eaton, AIL DIV, Commack Road, Deer Park, NY 11729-9998
DLA8FL -- VN
DPRO, ITT, Defense Group, 500 Washington Ave., Nutley, NJ 07110-3698
DLA8FM -- 3N
DPRO, FMC, Minneapolis, 4800 East River Road, Minneapolis, MN
55421-1402
DLA8FS -- VR
DPRO, FMC, 1125 Coleman Avenue, P.O. Box 367, San Jose, CA 95103-0367
DLA8FT -- Y2
DPRO, Ford Newport Beach, Administration Building, Room 303, Ford
Road, Newport Beach, CA 92658-8900
DLA8GB -- KK
DPRO, Grumman Aerospace, Bethpage, Bethpage, NY 11714-3531
DLA8GC -- SB
DPRO, GE Aircraft Engines, Cincinnati, Mail Drop N-1, Cincinnati, OH
45215-6303
DLA8GD -- YB
DPRO, Westinghouse, 18901 Euclid Ave, Cleveland, OH 44117-1388
DLA8GE -- 7Q
DPRO, General Electric, Aircraft Engines, Lynn, 1000 Western Avenue,
Lynn, MA 0910-0445
DLA8GF, SL -- TH
DPRO, General Dynamics, Fort Worth, P.O. Box 371, Fort Worth, TX
76101-0371
DLA8GG -- KD
DPRO, General Dynamics, Pomona, P.O. Box 2505, Pomona, CA 91769-2505
DLA8GL -- VV
DPRO, General Electric Company, M/S 9-2 Automated Systems Department,
Bedford Street, P.O. Box 588, Burlington, MA 01803-0949
DLA8GM -- VW
DCMAO, Grand Rapids, Riverview Center Building, 678 Front Street, NW,
Grand Rapids, MI 49504-5352
DLA8GN -- VX
DCMAO, Garden City, 605 Stewart Avenue, Garden City, NY 11530-4761
DLA8GP -- YF
DPRO, General Dynamics, Lima, 1155 Buckeye Road, Lima, OH 45804-1898
DLA8GR, M0 -- NJ
DPRO, General Electric, Pittsfield, 100 Plastics Avenue, Pittsfield,
MA 01201-3696
DLA8GW -- Z2
DPRO, General Dynamics, Warren, 28251 Van Dyke Street, Warren, MI
48090-5000
DLA8HB -- WA
DPRO, PEMCO Aeroplex, Inc., P.O. Box 12447, Birmingham, AL 35202-2447
DLA8HC -- WB
DCMAO, Hartford, 130 Darlin Street, East Hartford, CT 06108-3234
DLA8HD -- WC
DPRO, GEC/Kearfott, 164 Totowa Road, M/S 11A30, Wayne, NJ 07474-0975
DLA8HL -- QT
DPRO, Hughes, Los Angeles, P.O. Box 92463, Los Angeles, CA 90009-2463
DLA8HM -- WD
DPRO, Honeywell, Alliant Techsystems, Honeywell Plaza, 2701 Fourth
Avenue, South, Minneapolis, MN 55408-1792
DLA8HN
DPRO, Hercules, Magna, P.O. Box 157, Magna, UT 84044-0157
DLA8HR -- Z9
DCMAO San Francisco, Hawaii Residency, Federal Building, Room 4115,
300 Ala Moana Boulevard, Honolulu, HI 96813-4908
DLA8HS -- XT
DPRO, Hamilton Standard, 1 Hamilton Road, Windsor Locks, CT
06096-0463
DLA8HT -- SR
DPRO, Hughes, P.O. Box 11337, M/S E-4, Tucson, AZ 85734-1337
DLA8HU -- XG
DPRO, Hughes, Building 600, Mail Station C107, P.O. Box 3310,
Fullerton, CA 92634-3310
DLA8JJ -- WG
DCMAO, Indianapolis, Building 1, Fort Benjamin Harrison, IN
46249-5701
DLA8JL -- X2
DPRO, Magnavox, 1616 Directors Row, Fort Wayne, IN 46808-1286
DLA8KA -- XY
DPRO, Kaman Aerospace, Old Windsor Road, P.O. Box 2, Bloomfield, CT
06002-0002
DLA8LA -- WL
DCMAO, El Segundo, 222 N Sepulveda Boulevard, El Segundo, CA
90245-4320
DLA8LD -- WP
DPRO, LTV Aerosapce and Defense, P.O. Box 655907, M/S 4915, Dallas,
TX 75265-5907
DLA8LF -- QX
DPRO, Lockheed, Sunnyvale, P.O. Box 3504, Sunnyvale, CA 94088-3504
DLA8LG -- RK
DPRO, Lockheed Aeronautical, Systems Company -- Georgia, 86 S. Cobb
Drive, Marietta, GA 30063-0260
DLA8LT -- WN
DPRO, E-Systems, Inc., P.O. Box 6379, Greenville, TX 75401-0379
DLA8MB -- V1
DPRO, Harris, Melbourne, 1425 Troutman Boulevard, N.E., Palm Bay, FL
32905-4102
DLA8MC -- V2
DPRO, Rockwell International-TSD, P.O. Box 1357, Duluth, GA
30136-4099
DLA8MD -- RE
DPRO, Martin Marietta, Denver, P.O. Box 179, Denver, CO 80201-0179
DLA8MF -- QF
DCMAO, Puerto Rico, Box DLA N S G A, FPO Miami, FL 34053-0007
DLA8MH -- X9
DPRO, McDonnell Douglas, Space Systems Company, 5301 Bolsa Avenue,
Huntington Beach, CA 92647-2048
DLA8ML -- TR
DPRO, McDonnell Douglas Helicopter, 5000 East McDowell Road, Mesa, AZ
85025-9797
DLA8MM -- XL
DPRO, Martin Marietta, Orlando, P.O. Box 55837, Mail Point 49,
Orlando, FL 32855-5837
DLA8MN -- WQ
DCMAO, Twin Cities, 3001 Metro Drive, Bloomington, MN 55425-1573
DLA8MS -- JZ
DPRO, McDonnell Douglas, St. Louis, P.O. Box 516, St. Louis, MO
63166-0516
DLA8MW -- WR
DCMAO, Milwaukee, H. S. Reuss Federal Building, Suite 340, 310 West
Wisconsin Avenue, Milwaukee, WI 53203-2282
DLA8NC -- WV
DCMAO, Ottawa, P.O. Box 3416, Station D, Ottawa, On Canada K1P 6L4
DLA8NF -- WW
DCMAO, Orlando, 3555 Maguire Boulevard, Orlando, FL 32803-3726
DLA8NH -- YS
DPRO, Lockheed Sanders, Inc., Daniel Webster Highway, South, P.O.
Box 868, Nashua, NH 03061-0868
DLA8NJ -- WT
DCMAO, Springfield, 955 South Springfield Avenue, Springfield, NJ
07081-3170
DLA8NK -- QR
DPRO, Northrop, Hawthorne, One Northrop Avenue, Hawthorne, CA
90250-3296
DLA8NM -- YR
DPRO, IBM, Route 17C, Owego, NY 13827-1298
DLA8NN -- YN
DPRO, Harris, 6801 Jericho Turnpike, Syosset, NY 11791-4465
DLA8NY -- WU
DCMAO, New York, 201 Varick Street, New York, NY 10014-4811
DLA8PA -- WY
DCMAO, Phoenix, The Monroe School, 215 N 7th Street, Phoenix, AZ
85034-1012
DLA8PE -- T5
DPRO, Pratt & Whitney, East Hartford, 400 Main Street, East Hartford,
CT 06108-0969
DLA8PH -- XA
DCMD, Mid Atlantic, P.O. Box 7478, Philadelphia, PA 19101-7478
DLA8PL -- X3
DCMAO, Philadelphia, P.O. Box 7699, Philadelphia, PA 19101-7699
DLA8PM -- XB
DPRO, IBM Manassas, 9500 Godwin Drive, Manassas, VA 22110-4198
DLA8PP -- XD
DCMAO, Pittsburgh, 1612 Federal Building, 1000 Liberty Avenue,
Pittsburgh, PA 15222-4190
DLA8PR -- X7
DPRO, GE Aerospace, Marne Highway and Borton Landing Road,
Moorestown, NJ 08057-3095
DLA8PW -- T2
DPRO, Pratt & Whitney, West Palm Beach, P.O. Box 109600, West Palm
Beach, FL 33410-9600
DLA8RA -- 7H
DCMC Residency, Annapolis, P.O. Box 1488, Annapolis, MD 21401-1488
DLA8RB -- XF
DPRO, Raytheon, Spencer Laboratory, Wayside Ave, Burlington, MA
01803-0901
DLA8RC -- RY
DPRO, Rockwell, Canoga Park, 6633 Canoga Avenue, Canoga Park, CA
91303-2790
DLA8RD -- RB
DPRO, Rockwell, Anaheim, 3370 Miraloma Avenue M/SAB02A, Anaheim, CA
92803-3110
DLA8RP -- XM
DCMAO, Reading, 45 South Front Street, Reading, PA 19602-1094
DLA8SA -- XN
DCMAO, San Antonio, 615 East Houston, P.O. Box 1040, San Antonio, TX
78294-1040
DLA8SF -- XR
DCMAO, San Francisco, 1250 Bayhill Drive, San Bruno, CA 94066-3070
DLA8SK -- XQ
DPRO, Link Flight Simulation, Kirkwood Plant, P.O. Box 1237,
Binghamton, NY 13902-1237
DLA8SL -- XS
DCMAO, St. Louis, 1222 Spruce Street, St. Louis, MO 63103-2811
DLA8SN -- XU
DCMAO, Syracuse, 615 Erie Boulevard, West, Syracuse, NY 13204-2408
DLA8SS -- LF
DPRO, Silorsky, Stratford, CT 06497-7553
DLA8SW -- XW
DCMAO, Seattle, Building 5D, Naval Station Puget Sound, Seattle, WA
98115-5010
DLA8SY -- XX
DPRO, GTE Government Systems Corporation, 200 First Ave, Needham, MA
02194-9123
DLA8TB -- R6
DPRO, Thiokol, P.O. Box 524, Mail Stop Z-10, Brigham City, UT
84302-0524
DLA8TE -- XZ
DPRO, Texas Instruments, Inc., P.O. Box 660246, M/S 256, Dallas, TX
75266-0246
DLA8TR -- S6
DPRO, TRW, Redondo Beach, One Space Park, Redondo Beach, CA
90278-1078
DLA8TW -- SQ
DPRO, Textron Defense Systems, 201 Lowell Street, Wilmington, MA
01887-2941
DLA8UG -- NH
DPRO, Unisys, Great Neck, Long Island, Great Neck, NY 11020-7001
DLA8VC -- YC
DCMAO, Van Nuys, 6230 Van Nuys Boulevard, Van Nuys, CA 91401-2713
DLA8WB -- S2
DPRO, Westinghouse Electric, Baltimore, P.O. Box 1693, M/S 1265,
Baltimore, MD 21203-1693
DLA8WK -- YD
DCMAO, Wichita, U.S. Courthouse, Suite B-34, 401 North Market,
Wichita, KS 67202-2095
DLA8WP
Defense Contract Management Command, International Contracts
Division, Wright Patterson Air Force Base, OH 45433-5000
DLA8WR -- YH
DPRO, Williams International, c/o Williams International Corporation,
2280 West Maple Road, Walled Lake, MI 48088-0200
DLA8WS -- YG
DPRO, Westinghouse, 401 East Hendy Avenue, P.O. Box 3499, M/S 11-7,
Sunnyvale, CA 94088-3499
DLA8WT -- Z8
DPRO, Grumman Aerospace Corporation, P.O. Box 9015, Stuart, FL
33495-9015
DLA8WV
DPRO, Grumman, P.O. Box 9650, Melbourne, FL 32902-9650
DLA900 -- UD
Defense Electronics Supply Center, 1507 Wilmington Pike, Dayton, OH
45444-5000
DLA910 -- U7
Defense Electronics Supply Center, Base Contracting Section, 1507
Wilmington Pike, Dayton, OH 45444-5000
DLA920 -- W4
Defense Electronics Supply Center, DESC-PKCC, 1507 Wilmington Pike,
Dayton, OH 45444-5000
48 CFR 253.215-70 -- PART 7 -- DEFENSE INFORMATION SYSTEMS AGENCY
ACTIVITY ADDRESS NUMBERS
DCA100 -- VC
Defense Information Systems Agency (ZD10), Contract Management
Division, ATTN: PL, Washington, DC 20305-2000
DCA200 -- VP
DECCO (ZD11), ATTN: RGC, Scott AFB, IL 62225-8300
DCA400
DECCO-Europe (ZD13), ATTN: RS, APO New York, NY 09136-5000
48 CFR 253.215-70 -- PART 8 -- DEFENSE MAPPING AGENCY ACTIVITY ADDRESS
NUMBERS
DMA600 -- BQ
Defense Mapping Agency System Center (ZD40), 12100 Sunset Hills Road,
Suite 200, Reston, VA 22090-3207
DMA650
Defense Mapping Agency (ZD43), Hydrographic/Topographic Center *SXO*,
Building 4011, Ft. Sam Houston, TX 78234-5000
DMA700 -- 8Y
Defense Mapping Agency (ZD41), Aerospace Center, 3200 South Second
Street, ATTN: AQI, St. Louis, MO 63118-3399
DMA800 -- YZ
Defense Mapping Agency (ZD42), Hydrographic/Topographic Center AQ,
6500 Brookes Lane, Washington, DC 20315-0030
48 CFR 253.215-70 -- PART 9 -- DEFENSE NUCLEAR AGENCY ACTIVITY ADDRESS
NUMBERS
DNA001 -- 8Z
Defense Nuclear Agency, Headquarters, 6801 Telegraph Road, ATTN: AM,
Washington, DC 22310 (ZD30)
DNA002 -- 0N
Defense Nuclear Agency, Field Command, ATTN: Office of Procurement,
Kirtland AFB, NM 87115-5000 (ZD31)
DNA004
DNA Armed Forces Radiobiology Research Institute, ATTN: Building 42,
Bethesda, MD 20814-5145 (ZD32)
48 CFR 253.215-70 -- PART 10 -- MISCELLANEOUS DEFENSE ACTIVITIES
ACTIVITY ADDRESS NUMBERS
MDA902
Armed Forces Radio and Television Service, 10888 La Tuna Canyon Road,
Sun Valley, CA 91352-2058 (ZD02)
MDA903 -- F7
Defense Supply Service -- Washington, Room 1D245, The Pentagon,
Washington, DC 20310-5200 (ZD03)
MDA904 -- BE
Maryland Procurement Office, 9800 Savage Road, ATTN: L411, Ft.
George G. Meade, MD 20755-6000 (ZD04)
MDA905 -- B4
Uniformed Services University of the Health Sciences, 4301 Jones
Bridge Road, Bethesda, MD 20814-4799 (ZD05)
MDA906
Office for the Civilian Health & Medical Program of the Uniformed
Services (CHAMPUS), ATTN: Contract Management, Aurora, CO 80045-6900
(ZD06)
MDA907
Purchasing and Contracting Office, Menwith Hill Station, APO New York
09210 (ZD07)
MDA908 -- 2X
Virginia Contracting Activity, P.O. Box 46563, ATTN: RSQ,
Washington, DC 20050-6563 (ZD50)
MDA911 -- 2U
Headquarters, U.S. Special Operations Command, ATTN: SOKO, MacDill
Air Force Base, FL 33608-6001 (ZD22)
MDA946
WHS Contracting Office, Real Estate/Facilities Directorate, The
Pentagon, Room 2E174, Washington, DC 20301-1155 (ZD46)
MDA970 -- ZL
Defense Evaluation Support Activity, Building 20451, ATTN: DESA-CM,
Kirtland AFB, NM 87117-5000 (ZD70)
MDA972 -- WS
DARPA Contract Management Office, 1400 Wilson Blvd., Arlington, VA
22209-2309 (ZD72)
48 CFR 253.215-70 -- PART 11 -- ON-SITE INSPECTION AGENCY ACTIVITY
NUMBER
0S1A01
On-Site Inspection Agency, Washington/Dulles International Airport,
Washington, DC 20041-0498 (ZD74)
48 CFR 253.215-70 -- PART 12 -- STRATEGIC DEFENSE INITIATIVE
ORGANIZATION ACTIVITY NUMBER
SDIO84
Strategic Defense Initiative Organization, The Pentagon, Room 1E1019,
ATTN: SDIO/CT (Mrs. Wilhelm), Washington, DC 20301-7100 (ZD60)
48 CFR 253.215-70 -- PART 13 -- DEFENSE COMMISSARY AGENCY ACTIVITY
ADDRESS NUMBERS
DECA01 -- ZG
Defense Commissary Agency, East Service Center, ATTN: Contracting
Division, Fort Lee, VA 23801-6300 (ZD81)
DECA02 -- ZT
Defense Commissary Agency, West Service Center, ATTN: Contracting
Division, Kelly AFB, TX 78241-6290 (ZD82)
DECA03 -- 0H
Defense Commissary Agency, North East Region, ATTN: Contracting
Division, Fort George G. Meade, MD 20755-5220 (ZD83)
DECA04 -- BE
Defense Commissary Agency, Central Region, ATTN: Contracting
Division, Norfolk, VA 23511 (ZD84)
DECA05 -- 0L
Defense Commissary Agency, Southern Region, ATTN: Contracting
Division, Maxwell AFB, AL 36112-6722 (ZD85)
DECA06 -- 0J
Defense Commissary Agency, Midwest Region, ATTN: Contracting
Division, Kelly AFB, TX 78241-6290 (ZD86)
DECA07 -- 0Z
Defense Commissary Agency, South West Region, Marine Corps Air
Station El Toro, ATTN: Contracting Division, Bldg 317, Santa Ana, CA
92709-5002 (ZD87)
DECA08 -- 0K
Defense Commissary Agency, Northwest Region, ATTN: Contracting
Division, Fort Lewis, WA 98433-7300 (ZD88)
(57 FR 42633, Sept. 15, 1992)
48 CFR 253.215-70 -- FINDING AIDS
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
Chap.
48 CFR 253.215-70 -- Table of CFR Titles and Chapters
48 CFR 253.215-70 -- Title 1 -- General Provisions
I Administrative Committee of the Federal Register (Parts 1 -- 49)
II Office of the Federal Register (Parts 50 -- 299)
III Administrative Conference of the United States (Parts 300 -- 399)
IV Miscellaneous Agencies (Parts 400 -- 500)
48 CFR 253.215-70 -- Title 2 -- (Reserved)
48 CFR 253.215-70 -- Title 3 -- The President
I Executive Office of the President (Parts 100 -- 199)
48 CFR 253.215-70 -- Title 4 -- Accounts
I General Accounting Office (Parts 1 -- 99)
II Federal Claims Collection Standards (General Accounting Office --
Department of Justice) (Parts 100 -- 299)
48 CFR 253.215-70 -- Title 5 -- Administrative Personnel
I Office of Personnel Management (Parts 1 -- 1199)
II Merit Systems Protection Board (Parts 1200 -- 1299)
III Office of Management and Budget (Parts 1300 -- 1399)
IV Advisory Committee on Federal Pay (Parts 1400 -- 1499)
V The International Organizations Employees Loyalty Board (Parts 1500
-- 1599)
VI Federal Retirement Thrift Investment Board (Parts 1600 -- 1699)
VII Advisory Commission on Intergovernmental Relations (Parts 1700 --
1799)
VIII Office of Special Counsel (Parts 1800 -- 1899)
IX Appalachian Regional Commission (Parts 1900 -- 1999)
XI United States Soldiers' and Airmen's Home (Parts 2100 -- 2199)
XIV Federal Labor Relations Authority, General Counsel of the Federal
Labor Relations Authority and Federal Service Impasses Panel (Parts 2400
-- 2499)
XV Office of Administration, Executive Office of the President (Parts
2500 -- 2599)
XVI Office of Government Ethics (Parts 2600 -- 2699)
48 CFR 253.215-70 -- Title 6 -- Economic Stabilization (Reserved)
48 CFR 253.215-70 -- Title 7 -- Agriculture
Subtitle A -- Office of the Secretary of Agriculture (Parts 0 -- 26)
Subtitle B -- Regulations of the Department of Agriculture
I Agricultural Marketing Service (Standards, Inspections, Marketing
Practices), Department of Agriculture (Parts 27 -- 209)
II Food and Nutrition Service, Department of Agriculture (Parts 210
-- 299)
III Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 300 -- 399)
IV Federal Crop Insurance Corporation, Department of Agriculture
(Parts 400 -- 499)
V Agricultural Research Service, Department of Agriculture (Parts 500
-- 599)
VI Soil Conservation Service, Department of Agriculture (Parts 600 --
699)
VII Agricultural Stabilization and Conservation Service (Agricultural
Adjustment), Department of Agriculture (Parts 700 -- 799)
VIII Federal Grain Inspection Service, Department of Agriculture
(Parts 800 -- 899)
IX Agricultural Marketing Service (Marketing Agreements and Orders;
Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900 -- 999)
X Agricultural Marketing Service (Marketing Agreements and Orders;
Milk), Department of Agriculture (Parts 1000 -- 1199)
XI Agricultural Marketing Service (Marketing Agreements and Orders;
Miscellaneous Commodities), Department of Agriculture (Parts 1200 --
1299)
XIV Commodity Credit Corporation, Department of Agriculture (Parts
1400 -- 1499)
XV Foreign Agricultural Service, Department of Agriculture (Parts
1500 -- 1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts 1600 --
1699)
XVII Rural Electrification Administration, Department of Agriculture
(Parts 1700 -- 1799)
XVIII Farmers Home Administration, Department of Agriculture (Parts
1800 -- 2099)
XXI Foreign Economic Development Service, Department of Agriculture
(Parts 2100 -- 2199)
XXII Office of International Cooperation and Development, Department
of Agriculture (Parts 2200 -- 2299)
XXV Office of the General Sales Manager, Department of Agriculture
(Parts 2500 -- 2599)
XXVI Office of Inspector General, Department of Agriculture (Parts
2600 -- 2699)
XXVII Office of Information Resources Management, Department of
Agriculture (Parts 2700 -- 2799)
XXVIII Office of Operations, Department of Agriculture (Parts 2800 --
2899)
XXIX Office of Energy, Department of Agriculture (Parts 2900 -- 2999)
XXX Office of Finance and Management, Department of Agriculture
(Parts 3000 -- 3099)
XXXI Office of Environmental Quality, Department of Agriculture
(Parts 3100 -- 3199)
XXXII Office of Grants and Program Systems, Department of Agriculture
(Parts 3200 -- 3299)
XXXIII Office of Transportation, Department of Agriculture (Parts
3300 -- 3399)
XXXIV Cooperative State Research Service, Department of Agriculture
(Parts 3400 -- 3499)
XXXVI National Agricultural Statistics Service, Department of
Agriculture (Parts 3600 -- 3699)
XXXVII Economic Research Service, Department of Agriculture (Parts
3700 -- 3799)
XXXVIII World Agricultural Outlook Board, Department of Agriculture
(Parts 3800 -- 3899)
XXXIX Economic Analysis Staff, Department of Agriculture (Parts 3900
-- 3999)
XL Economics Management Staff, Department of Agriculture (Parts 4000
-- 4099)
XLI National Agricultural Library, Department of Agriculture (Part
4100)
48 CFR 253.215-70 -- Title 8 -- Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice
(Parts 1 -- 499)
48 CFR 253.215-70 -- Title 9 -- Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 1 -- 199)
II Packers and Stockyards Administration, Department of Agriculture
(Parts 200 -- 299)
III Food Safety and Inspection Service, Meat and Poultry Inspection,
Department of Agriculture (Parts 300 -- 399)
48 CFR 253.215-70 -- Title 10 -- Energy
I Nuclear Regulatory Commission (Parts 0 -- 199)
II Department of Energy (Parts 200 -- 699)
III Department of Energy (Parts 700 -- 999)
X Department of Energy (General Provisions) (Parts 1000 -- 1099)
XV Office of the Federal Inspector for the Alaska Natural Gas
Transportation System (Parts 1500 -- 1599)
XVII Defense Nuclear Facilities Safety Board (Parts 1700 -- 1799)
48 CFR 253.215-70 -- Title 11 -- Federal Elections
I Federal Election Commission (Parts 1 -- 9099)
48 CFR 253.215-70 -- Title 12 -- Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1 --
199)
II Federal Reserve System (Parts 200 -- 299)
III Federal Deposit Insurance Corporation (Parts 300 -- 399)
IV Export-Import Bank of the United States (Parts 400 -- 499)
V Office of Thrift Supervision, Department of The Treasury (Parts 500
-- 599)
VI Farm Credit Administration (Parts 600 -- 699)
VII National Credit Union Administration (Parts 700 -- 799)
VIII Federal Financing Bank (Parts 800 -- 899)
IX Federal Housing Finance Board (Parts 900 -- 999)
XI Federal Financial Institutions Examination Council (Parts 1100 --
1199)
XIII Farm Credit System Assistance Board (Parts 1300 -- 1399)
XIV Farm Credit System Insurance Corporation (Parts 1400 -- 1499)
XV Thrift Depositor Protection Oversight Board (Parts 1500 -- 1599)
XVI Resolution Trust Corporation (Parts 1600 -- 1699)
48 CFR 253.215-70 -- Title 13 -- Business Credit and Assistance
I Small Business Administration (Parts 1 -- 199)
III Economic Development Administration, Department of Commerce
(Parts 300 -- 399)
48 CFR 253.215-70 -- Title 14 -- Aeronautics and Space
I Federal Aviation Administration, Department of Transportation
(Parts 1 -- 199)
II Office of the Secretary, Department of Transportation (Aviation
Proceedings) (Parts 200 -- 399)
III Office of Commercial Space Transportation, Department of
Transportation (Parts 400 -- 499)
V National Aeronautics and Space Administration (Parts 1200 -- 1299)
48 CFR 253.215-70 -- Title 15 -- Commerce and Foreign Trade
Subtitle A -- Office of the Secretary of Commerce (Parts 0 -- 29)
Subtitle B -- Regulations Relating to Commerce and Foreign Trade
I Bureau of the Census, Department of Commerce (Parts 30 -- 199)
II National Institute of Standards and Technology, Department of
Commerce (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
IV Foreign-Trade Zones Board (Parts 400 -- 499)
VII Bureau of Export Administration, Department of Commerce (Parts
700 -- 799)
VIII Bureau of Economic Analysis, Department of Commerce (Parts 800
-- 899)
IX National Oceanic and Atmospheric Administration, Department of
Commerce (Parts 900 -- 999)
XI Technology Administration, Department of Commerce (Parts 1100 --
1199)
XII United States Travel and Tourism Administration, Department of
Commerce (Parts 1200 -- 1299)
XIII East-West Foreign Trade Board (Parts 1300 -- 1399)
XIV Minority Business Development Agency (Parts 1400 -- 1499)
Subtitle C -- Regulations Relating to Foreign Trade Agreements
XX Office of the United States Trade Representative (Parts 2000 --
2099)
Subtitle D -- Regulations Relating to Telecommunications and
Information
XXIII National Telecommunications and Information Administration,
Department of Commerce (Parts 2300 -- 2399)
48 CFR 253.215-70 -- Title 16 -- Commercial Practices
I Federal Trade Commission (Parts 0 -- 999)
II Consumer Product Safety Commission (Parts 1000 -- 1799)
48 CFR 253.215-70 -- Title 17 -- Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1 -- 199)
II Securities and Exchange Commission (Parts 200 -- 399)
IV Department of the Treasury (Parts 400 -- 499)
48 CFR 253.215-70 -- Title 18 -- Conservation of Power and Water
Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1
-- 399)
III Delaware River Basin Commission (Parts 400 -- 499)
VI Water Resources Council (Parts 700 -- 799)
VIII Susquehanna River Basin Commission (Parts 800 -- 899)
XIII Tennessee Valley Authority (Parts 1300 -- 1399)
48 CFR 253.215-70 -- Title 19 -- Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1
-- 199)
II United States International Trade Commission (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
48 CFR 253.215-70 -- Title 20 -- Employees' Benefits
I Office of Workers' Compensation Programs, Department of Labor
(Parts 1 -- 199)
II Railroad Retirement Board (Parts 200 -- 399)
III Social Security Administration, Department of Health and Human
Services (Parts 400 -- 499)
IV Employees' Compensation Appeals Board, Department of Labor (Parts
500 -- 599)
V Employment and Training Administration, Department of Labor (Parts
600 -- 699)
VI Employment Standards Administration, Department of Labor (Parts
700 -- 799)
VII Benefits Review Board, Department of Labor (Parts 800 -- 899)
VIII Joint Board for the Enrollment of Actuaries (Parts 900 -- 999)
IX Office of the Assistant Secretary for Veterans' Employment and
Training, Department of Labor (Parts 1000 -- 1099)
48 CFR 253.215-70 -- Title 21 -- Food and Drugs
I Food and Drug Administration, Department of Health and Human
Services (Parts 1 -- 1299)
II Drug Enforcement Administration, Department of Justice (Parts 1300
-- 1399)
48 CFR 253.215-70 -- Title 22 -- Foreign Relations
I Department of State (Parts 1 -- 199)
II Agency for International Development, International Development
Cooperation Agency (Parts 200 -- 299)
III Peace Corps (Parts 300 -- 399)
IV International Joint Commission, United States and Canada (Parts
400 -- 499)
V United States Information Agency (Parts 500 -- 599)
VI United States Arms Control and Disarmament Agency (Parts 600 --
699)
VII Overseas Private Investment Corporation, International
Development Cooperation Agency (Parts 700 -- 799)
IX Foreign Service Grievance Board Regulations (Parts 900 -- 999)
X Inter-American Foundation (Parts 1000 -- 1099)
XI International Boundary and Water Commission, United States and
Mexico, United States Section (Parts 1100 -- 1199)
XII United States International Development Cooperation Agency (Parts
1200 -- 1299)
XIII Board for International Broadcasting (Parts 1300 -- 1399)
XIV Foreign Service Labor Relations Board; Federal Labor Relations
Authority; General Counsel of the Federal Labor Relations Authority;
and the Foreign Service Impasse Disputes Panel (Parts 1400 -- 1499)
XV African Development Foundation (Parts 1500 -- 1599)
XVI Japan-United States Friendship Commission (Parts 1600 -- 1699)
48 CFR 253.215-70 -- Title 23 -- Highways
I Federal Highway Administration, Department of Transportation (Parts
1 -- 999)
II National Highway Traffic Safety Administration and Federal Highway
Administration, Department of Transportation (Parts 1200 -- 1299)
III National Highway Traffic Safety Administration, Department of
Transportation (Parts 1300 -- 1399)
48 CFR 253.215-70 -- Title 24 -- Housing and Urban Development
Subtitle A -- Office of the Secretary, Department of Housing and
Urban Development (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Housing and Urban Development
I Office of Assistant Secretary for Equal Opportunity, Department of
Housing and Urban Development (Parts 100 -- 199)
II Office of Assistant Secretary for Housing-Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 200 --
299)
III Government National Mortgage Association, Department of Housing
and Urban Development (Parts 300 -- 399)
V Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 500 --
599)
VI Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 600 --
699)
VII Office of the Secretary, Department of Housing and Urban
Development (Section 8 Housing Assistance Programs and Public and Indian
Housing Programs) (Parts 700 -- 799)
VIII Office of the Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Section 8
Housing Assistance Programs and Section 202 Direct Loan Program) (Parts
800 -- 899)
IX Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (Parts 900 -- 999)
X Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Interstate
Land Sales Registration Program) (Parts 1700 -- 1799)
XI Solar Energy and Energy Conservation Bank, Department of Housing
and Urban Development (Parts 1800 -- 1899)
XII Office of Inspector General, Department of Housing and Urban
Development (Parts 2000 -- 2099)
XV Mortgage Insurance and Loan Programs under the Emergency
Homeowners' Relief Act, Department of Housing and Urban Development
(Parts 2700 -- 2799)
XX Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 3200 --
3699)
XXV Neighborhood Reinvestment Corporation (Parts 4100 -- 4199)
48 CFR 253.215-70 -- Title 25 -- Indians
I Bureau of Indian Affairs, Department of the Interior (Parts 1 --
299)
II Indian Arts and Crafts Board, Department of the Interior (Parts
300 -- 399)
III National Indian Gaming Commission (Parts 500 -- 599)
IV Office of Navajo and Hopi Indian Relocation (Parts 700 -- 799)
48 CFR 253.215-70 -- Title 26 -- Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1 --
799)
48 CFR 253.215-70 -- Title 27 -- Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury
(Parts 1 -- 299)
48 CFR 253.215-70 -- Title 28 -- Judicial Administration
I Department of Justice (Parts 0 -- 199)
III Federal Prison Industries, Inc., Department of Justice (Parts 300
-- 399)
V Bureau of Prisons, Department of Justice (Parts 500 -- 599)
VI Offices of Independent Counsel, Department of Justice (Parts 600
-- 699)
VII Office of Independent Counsel (Parts 700 -- 799)
48 CFR 253.215-70 -- Title 29 -- Labor
Subtitle A -- Office of the Secretary of Labor (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Labor
I National Labor Relations Board (Parts 100 -- 199)
II Bureau of Labor-Management Relations and Cooperative Programs,
Department of Labor (Parts 200 -- 299)
III National Railroad Adjustment Board (Parts 300 -- 399)
IV Office of Labor-Management Standards, Department of Labor (Parts
400 -- 499)
V Wage and Hour Division, Department of Labor (Parts 500 -- 899)
IX Construction Industry Collective Bargaining Commission (Parts 900
-- 999)
X National Mediation Board (Parts 1200 -- 1299)
XII Federal Mediation and Conciliation Service (Parts 1400 -- 1499)
XIV Equal Employment Opportunity Commission (Parts 1600 -- 1699)
XVII Occupational Safety and Health Administration, Department of
Labor (Parts 1900 -- 1999)
XX Occupational Safety and Health Review Commission (Parts 2200 --
2499)
XXV Pension and Welfare Benefits Administration, Department of Labor
(Parts 2500 -- 2599)
XXVI Pension Benefit Guaranty Corporation (Parts 2600 -- 2699)
XXVII Federal Mine Safety and Health Review Commission (Parts 2700 --
2799)
48 CFR 253.215-70 -- Title 30 -- Mineral Resources
I Mine Safety and Health Administration, Department of Labor (Parts 1
-- 199)
II Minerals Management Service, Department of the Interior (Parts 200
-- 299)
III Board of Surface Mining and Reclamation Appeals, Department of
the Interior (Parts 300 -- 399)
IV Geological Survey, Department of the Interior (Parts 400 -- 499)
VI Bureau of Mines, Department of the Interior (Parts 600 -- 699)
VII Office of Surface Mining Reclamation and Enforcement, Department
of the Interior (Parts 700 -- 999)
48 CFR 253.215-70 -- Title 31 -- Money and Finance: Treasury
Subtitle A -- Office of the Secretary of the Treasury (Parts 0 -- 50)
Subtitle B -- Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts 51 -- 199)
II Fiscal Service, Department of the Treasury (Parts 200 -- 399)
IV Secret Service, Department of the Treasury (Parts 400 -- 499)
V Office of Foreign Assets Control, Department of the Treasury (Parts
500 -- 599)
VI Bureau of Engraving and Printing, Department of the Treasury
(Parts 600 -- 699)
VII Federal Law Enforcement Training Center, Department of the
Treasury (Parts 700 -- 799)
VIII Office of International Investment, Department of the Treasury
(Parts 800 -- 899)
48 CFR 253.215-70 -- Title 32 -- National Defense
Subtitle A -- Department of Defense
I Office of the Secretary of Defense (Parts 1 -- 399)
V Department of the Army (Parts 400 -- 699)
VI Department of the Navy (Parts 700 -- 799)
VII Department of the Air Force (Parts 800 -- 1099)
Subtitle B -- Other Regulations Relating to National Defense
XII Defense Logistics Agency (Parts 1200 -- 1299)
XVI Selective Service System (Parts 1600 -- 1699)
XIX Central Intelligence Agency (Parts 1900 -- 1999)
XX Information Security Oversight Office (Parts 2000 -- 2099)
XXI National Security Council (Parts 2100 -- 2199)
XXIV Office of Science and Technology Policy (Parts 2400 -- 2499)
XXVII Office for Micronesian Status Negotiations (Parts 2700 -- 2799)
XXVIII Office of the Vice President of the United States (Parts 2800
-- 2899)
48 CFR 253.215-70 -- Title 33 -- Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Corps of Engineers, Department of the Army (Parts 200 -- 399)
IV Saint Lawrence Seaway Development Corporation, Department of
Transportation (Parts 400 -- 499)
48 CFR 253.215-70 -- Title 34 -- Education
Subtitle A -- Office of the Secretary, Department of Education (Parts
1 -- 99)
Subtitle B -- Regulations of the Offices of the Department of
Education
I Office for Civil Rights, Department of Education (Parts 100 -- 199)
II Office of Elementary and Secondary Education, Department of
Education (Parts 200 -- 299)
III Office of Special Education and Rehabilitative Services,
Department of Education (Parts 300 -- 399)
IV Office of Vocational and Adult Education, Department of Education
(Parts 400 -- 499)
V Office of Bilingual Education and Minority Languages Affairs,
Department of Education (Parts 500 -- 599)
VI Office of Postsecondary Education, Department of Education (Parts
600 -- 699)
VII Office of Educational Research and Improvement, Department of
Education (Parts 700 -- 799)
48 CFR 253.215-70 -- Title 35 -- Panama Canal
I Panama Canal Regulations (Parts 1 -- 299)
48 CFR 253.215-70 -- Title 36 -- Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1 -- 199)
II Forest Service, Department of Agriculture (Parts 200 -- 299)
III Corps of Engineers, Department of the Army (Parts 300 -- 399)
IV American Battle Monuments Commission (Parts 400 -- 499)
V Smithsonian Institution (Parts 500 -- 599)
VII Library of Congress (Parts 700 -- 799)
VIII Advisory Council on Historic Preservation (Parts 800 -- 899)
IX Pennsylvania Avenue Development Corporation (Parts 900 -- 999)
XI Architectural and Transportation Barriers Compliance Board (Parts
1100 -- 1199)
XII National Archives and Records Administration (Parts 1200 -- 1299)
48 CFR 253.215-70 -- Title 37 -- Patents, Trademarks, and Copyrights
I Patent and Trademark Office, Department of Commerce (Parts 1 --
199)
II Copyright Office, Library of Congress (Parts 200 -- 299)
III Copyright Royalty Tribunal (Parts 300 -- 399)
IV Assistant Secretary for Technology Policy, Department of Commerce
(Parts 400 -- 499)
V Under Secretary for Technology, Department of Commerce (Parts 500
-- 599)
48 CFR 253.215-70 -- Title 38 -- Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0 -- 99)
48 CFR 253.215-70 -- Title 39 -- Postal Service
I United States Postal Service (Parts 1 -- 999)
III Postal Rate Commission (Parts 3000 -- 3099)
48 CFR 253.215-70 -- Title 40 -- Protection of Environment
I Environmental Protection Agency (Parts 1 -- 799)
V Council on Environmental Quality (Parts 1500 -- 1599)
48 CFR 253.215-70 -- Title 41 -- Public Contracts and Property
Management
Subtitle B -- Other Provisions Relating to Public Contracts
50 Public Contracts, Department of Labor (Parts 50-1 -- 50-999)
51 Committee for Purchase from the Blind and Other Severely
Handicapped (Parts 51-1 -- 51-99)
60 Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Parts 60-1 -- 60-999)
61 Office of the Assistant Secretary for Veterans Employment and
Training, Department of Labor (Parts 61-1 -- 61-999)
Subtitle C -- Federal Property Management Regulations System
101 Federal Property Management Regulations (Parts 101-1 -- 101-99)
105 General Services Administration (Parts 105-1 -- 105-999)
109 Department of Energy Property Management Regulations (Parts 109-1
-- 109-99)
114 Department of the Interior (Parts 114-1 -- 114-99)
115 Environmental Protection Agency (Parts 115-1 -- 115-99)
128 Department of Justice (Parts 128-1 -- 128-99)
132 Department of the Air Force (Parts 132-1 -- 132-99)
Subtitle D -- Other Provisions Relating to Property Management
(Reserved)
Subtitle E -- Federal Information Resources Management Regulations
System
201 Federal Information Resources Management Regulation (Parts 201-1
-- 201-99)
Subtitle F -- Federal Travel Regulation System
301 Travel Allowances (Parts 301-1 -- 301-99)
302 Relocation Allowances (Parts 302-1 -- 302-99)
303 Payment of Expenses Connected with the Death of Certain Employees
(Parts 303-1 -- 303-2)
304 Payment from a non-Federal source for travel expenses (Parts
304-1 -- 304-99)
48 CFR 253.215-70 -- Title 42 -- Public Health
I Public Health Service, Department of Health and Human Services
(Parts 1 -- 199)
IV Health Care Financing Administration, Department of Health and
Human Services (Parts 400 -- 499)
V Office of Inspector General-Health Care, Department of Health and
Human Services (Parts 1000 -- 1999)
48 CFR 253.215-70 -- Title 43 -- Public Lands: Interior
Subtitle A -- Office of the Secretary of the Interior (Parts 1 --
199)
Subtitle B -- Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior (Parts 200 --
499)
II Bureau of Land Management, Department of the Interior (Parts 1000
-- 9999)
48 CFR 253.215-70 -- Title 44 -- Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0 -- 399)
IV Department of Commerce and Department of Transportation (Parts 400
-- 499)
48 CFR 253.215-70 -- Title 45 -- Public Welfare
Subtitle A -- Department of Health and Human Services, General
Administration (Parts 1 -- 199)
Subtitle B -- Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs), Administration
for Children and Families, Department of Health and Human Services
(Parts 200 -- 299)
III Office of Child Support Enforcement (Child Support Enforcement
Program), Administration for Children and Families, Department of Health
and Human Services (Parts 300 -- 399)
IV Office of Refugee Resettlement, Administration for Children and
Families Department of Health and Human Services (Parts 400 -- 499)
V Foreign Claims Settlement Commission of the United States,
Department of Justice (Parts 500 -- 599)
VI National Science Foundation (Parts 600 -- 699)
VII Commission on Civil Rights (Parts 700 -- 799)
VIII Office of Personnel Management (Parts 800 -- 899)
X Office of Community Services, Administration for Children and
Families, Department of Health and Human Services (Parts 1000 -- 1099)
XI National Foundation on the Arts and the Humanities (Parts 1100 --
1199)
XII ACTION (Parts 1200 -- 1299)
XIII Office of Human Development Services, Department of Health and
Human Services (Parts 1300 -- 1399)
XVI Legal Services Corporation (Parts 1600 -- 1699)
XVII National Commission on Libraries and Information Science (Parts
1700 -- 1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800 -- 1899)
XXI Commission on Fine Arts (Parts 2100 -- 2199)
XXII Christopher Columbus Quincentenary Jubilee Commission (Parts
2200 -- 2299)
XXIV James Madison Memorial Fellowship Foundation (Parts 2400 --
2499)
48 CFR 253.215-70 -- Title 46 -- Shipping
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Maritime Administration, Department of Transportation (Parts 200
-- 399)
III Coast Guard (Great Lakes Pilotage), Department of Transportation
(Parts 400 -- 499)
IV Federal Maritime Commission (Parts 500 -- 599)
48 CFR 253.215-70 -- Title 47 -- Telecommunication
I Federal Communications Commission (Parts 0 -- 199)
II Office of Science and Technology Policy and National Security
Council (Parts 200 -- 299)
III National Telecommunications and Information Administration,
Department of Commerce (Parts 300 -- 399)
48 CFR 253.215-70 -- Title 48 -- Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1 -- 99)
2 Department of Defense (Parts 200 -- 299)
3 Department of Health and Human Services (Parts 300 -- 399)
4 Department of Agriculture (Parts 400 -- 499)
5 General Services Administration (Parts 500 -- 599)
6 Department of State (Parts 600 -- 699)
7 Agency for International Development (Parts 700 -- 799)
8 Department of Veterans Affairs (Parts 800 -- 899)
9 Department of Energy (Parts 900 -- 999)
10 Department of the Treasury (Parts 1000 -- 1099)
12 Department of Transportation (Parts 1200 -- 1299)
13 Department of Commerce (Parts 1300 -- 1399)
14 Department of the Interior (Parts 1400 -- 1499)
15 Environmental Protection Agency (Parts 1500 -- 1599)
16 Office of Personnel Management Federal Employees Health Benefits
Acquisition Regulation (Parts 1600 -- 1699)
17 Office of Personnel Management (Parts 1700 -- 1799)
18 National Aeronautics and Space Administration (Parts 1800 -- 1899)
19 United States Information Agency (Parts 1900 -- 1999)
22 Small Business Administration (Parts 2200 -- 2299)
24 Department of Housing and Urban Development (Parts 2400 -- 2499)
25 National Science Foundation (Parts 2500 -- 2599)
28 Department of Justice (Parts 2800 -- 2899)
29 Department of Labor (Parts 2900 -- 2999)
34 Department of Education Acquisition Regulation (Parts 3400 --
3499)
35 Panama Canal Commission (Parts 3500 -- 3599)
44 Federal Emergency Management Agency (Parts 4400 -- 4499)
51 Department of the Army Acquisition Regulations (Parts 5100 --
5199)
52 Department of the Navy Acquisition Regulations (Parts 5200 --
5299)
53 Department of the Air Force Federal Acquisition Regulation
Supplement (Parts 5300 -- 5399)
57 African Development Foundation (Parts 5700 -- 5799)
61 General Services Administration Board of Contract Appeals (Parts
6100 -- 6199)
63 Department of Transportation Board of Contract Appeals (Parts 6300
-- 6399)
99 Cost Accounting Standards Board, Office of Federal Procurement
Policy, Office of Management and Budget (Parts 9900 -- 9999)
48 CFR 253.215-70 -- Title 49 -- Transportation
Subtitle A -- Office of the Secretary of Transportation (Parts 1 --
99)
Subtitle B -- Other Regulations Relating to Transportation
I Research and Special Programs Administration, Department of
Transportation (Parts 100 -- 199)
II Federal Railroad Administration, Department of Transportation
(Parts 200 -- 299)
III Federal Highway Administration, Department of Transportation
(Parts 300 -- 399)
IV Coast Guard, Department of Transportation (Parts 400 -- 499)
V National Highway Traffic Safety Administration, Department of
Transportation (Parts 500 -- 599)
VI Federal Transit Administration, Department of Transportation
(Parts 600 -- 699)
VII National Railroad Passenger Corporation (AMTRAK) (Parts 700 --
799)
VIII National Transportation Safety Board (Parts 800 -- 899)
X Interstate Commerce Commission (Parts 1000 -- 1399)
48 CFR 253.215-70 -- Title 50 -- Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Interior
(Parts 1 -- 199)
II National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 200 -- 299)
III International Regulatory Agencies (Fishing and Whaling) (Parts
300 -- 399)
IV Joint Regulations (United States Fish and Wildlife Service,
Department of the Interior and National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, Department of
Commerce); Endangered Species Committee Regulations (Parts 400 -- 499)
V Marine Mammal Commission (Parts 500 -- 599)
VI Fishery Conservation and Management, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 600 -- 699)
48 CFR 253.215-70 -- CFR Index and Finding Aids Subject/Agency
Index List of Agency Prepared Indexes Parallel Tables of Statutory
Authorities and Rules Acts Requiring Publication in the Federal Register
List of CFR Titles, Chapters, Subchapters, and Parts
48 CFR 253.215-70 -- Alphabetical List of Agencies Appearing in the CFR
CFR Title, Subtitle or
Agency
Chapter
ACTION 45, XII
Administrative Committee of the Federal Register 1, I
Administrative Conference of the United States 1, III
Advisory Commission on Intergovernmental Relations 5, VII
Advisory Committee on Federal Pay 5, IV
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV; 48, 57
Agency for International Development 22, II; 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Agriculture Department
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Commodity Credit Corporation 7, XIV
Cooperative State Research Service 7, XXXIV
Economic Analysis Staff 7, XXXIX
Economic Research Service 7, XXXVII
Economics Management Staff 7, XL
Energy, Office of 7, XXIX
Environmental Quality, Office of 7, XXXI
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Federal Grain Inspection Service 7, VIII
Finance and Management, Office of 7, XXX
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Economic Development Service 7, XXI
Forest Service 36, II
General Sales Manager, Office of 7, XXV
Grants and Program Systems, Office of 7, XXXII
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
International Cooperation and Development Office 7, XXII
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Operations Office 7, XXVIII
Packers and Stockyards Administration 9, II
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Secretary of Agriculture, Office of 7, Subtitle A
Soil Conservation Service 7, VI
Transportation, Office of 7, XXXIII
World Agriculture Outlook Board 7, XXXVIII
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Federal Acquisition Regulation Supplement 48, 53
Alaska Natural Gas Transportation System, Office of the Federal
Inspector 10, XV
Alcohol, Tobacco and Firearms, Bureau of 27, I
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers Compliance Board 36, XI
Arms Control and Disarmament Agency, U.S. 22, VI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Assistant Secretary for Technology Policy, Department of Commerce 37,
IV
Benefits Review Board 20, VII
Bicentennial of the United States Constitution, Commission on the 45,
XX
Bilingual Education and Minority Languages Affairs, Office of 34, V
Blind and Other Severely Handicapped, Committee for Purchase from 41,
51
Board for International Broadcasting 22, XIII
Budget, Office of Management and 5, III
Census Bureau 15, I
Central Intelligence Agency 32, XIX
Child Support Enforcement, Office of 45, III
Christopher Columbus Quincentenary Jubilee Commission 45, XXII
Civil Rights Commission 45, VII
Civil Rights, Office for (Education Department) 34, I
Claims Collection Standards, Federal 4, II
Coast Guard 33, I; 46, I, III; 49, IV
Commerce Department 44, IV
Census Bureau 15, I
Assistant Secretary for Technology Policy 37, IV
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Endangered Species Committee 50, IV
Export Administration Bureau 15, VII
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Telecommunications and Information Administration 15, XXIII;
47, III
Patent and Trademark Office 37, I
Productivity, Technology and Innovation, Assistant Secretary for 37,
IV
Secretary of Commerce, Office of 15, Subtitle A
Technology Administration 15, XI
Under Secretary for Technology 37, V
United States Travel and Tourism Administration 15, XII
Commercial Space Transportation, Office of, Department of
Transportation 14, III
Commission on the Bicentennial of the United States Constitution 45,
XX
Committee for Purchase from the Blind and Other Severely Handicapped
41, 51
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 17, I
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining Commission 29, IX
Consumer Product Safety Commission 16, II
Cooperative State Research Service 7, XXXIV
Copyright Office 37, II
Copyright Royalty Tribunal 37, III
Cost Accounting Standards Board, Office of Federal Procurement Policy
48, 99
Council on Environmental Quality 40, V
Customs Service, United States 19, I
Defense Department 32, Subtitle A
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Army Department 32, V; 33, II; 36, III, 48, 51
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 2
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 32, I
Defense Logistics Agency 32, XII
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary (Commerce) 37, V
Economic Analysis, Bureau of 15, VIII
Economic Analysis Staff, Department of Agriculture 7, XXXIX
Economic Development Administration 13, III
Economics Management Staff 7, XL
Economic Research Service 7, XXXVII
Education, Department of
Bilingual Education and Minority Languages Affairs, Office of 34, V
Civil Rights, Office for 34, I
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, Office of 34, III
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board, International Organizations 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 10, II, III, X; 41, 109
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 18, I
Energy, Office of, Department of Agriculture 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 40, I; 41, 115; 48, 15
Environmental Quality, Office of (Agriculture Department) 7, XXXI
Equal Employment Opportunity Commission 29, XIV
Equal Opportunity, Office of Assistant Secretary for 24, I
Executive Office of the President 3, I
Administration, Office of 5, XV
Export Administration Bureau 15, VII
Export-Import Bank of the United States 12, IV
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Farm Credit Administration 12, VI
Farm Credit System Assistance Board 12, XIII
Farm Credit System Insurance Corporation 12, XIV
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Federal Claims Collection Standards 4, II
Federal Communications Commission 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I; 48, 44
Federal Energy Regulatory Commission 18, I
Federal Financial Institutions Examination Council 12, XI
Federal Financing Bank 12, VIII
Federal Grain Inspection Service 7, VIII
Federal Highway Administration 23, I, II; 49, III
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Finance Board 12, IX
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Inspector for the Alaska Natural Gas Transportation System,
Office of 10, XV
Federal Labor Relations Authority, and General Counsel of the Federal
Labor Relations Authority 5, XIV; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 29, XXVII
Federal Pay, Advisory Committee on 5, IV
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Property Management Regulations System 41, Subtitle C
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Federal Retirement Thrift Investment Board 5, VI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 16, I
Federal Travel Regulation System 41, Subtitle F
Finance and Management, Department of Agriculture 7, XXX
Fine Arts Commission 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Fishing and Whaling, International Regulatory Agencies 50, III
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of United States 45, V
Foreign Economic Development Service 7, XXI
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Accounting Office 4, I, II, III
General Sales Manager, Office of 7, XXV
General Services Administration
Contract Appeals Board 48, 61
Federal Acquisition Regulation 48, 5
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Property Management Regulations System 41, 101, 105
Federal Travel Regulation System 41, Subtitle F
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Relocation Allowances 41, 302
Travel Allowances 41, 301
Geological Survey 30, IV
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grants and Program Systems, Office of 7, XXXII
Great Lakes Pilotage 46, III
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 45, Subtitle A
Child Support Enforcement, Office of 45, III
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Health Care Financing Administration 42, IV
Human Development Services Office 45, XIII
Inspector General, Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Social Security Administration 20, III; 45, IV
Health Care Financing Administration 42, IV
Housing and Urban Development, Department of
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Equal Opportunity, Office of Assistant Secretary for 24, I
Federal Acquisition Regulation 48, 24
Government National Mortgage Association 24, III
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Inspector General, Office of 24, XII
Mortgage Insurance and Loan Programs Under Emergency Homeowners'
Relief Act 24, XV
Public and Indian Housing, Office of Assistant Secretary for 24, IX
Secretary, Office of 24, Subtitle B, VII
Solar Energy and Energy Conservation Bank 24, XI
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Human Development Services Office 45, XIII
Immigration and Naturalization Service 8, I
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Information Agency, United States 22, V; 48, 19
Information Resources Management, Office of, Agriculture Department
7, XXVII
Information Security Oversight Office 32, XX
Inspector General, Office of, Agriculture Department 7, XXVI
Inspector General, Office of, Health and Human Services Department
42, V
Inspector General, Office of, Housing and Urban Development
Department 24, XII
Inter-American Foundation 22, X
Intergovernmental Relations, Advisory Commission on 5, VII
Interior Department
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Land Management Bureau 43, II
Minerals Management Service 30, II
Mines, Bureau of 30, VI
National Park Service 36, I
Reclamation Bureau 43, I
Secretary of the Interior, Office of 43, Subtitle A
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, Office of 30, VII
United States Fish and Wildlife Service 50, I, IV
Internal Revenue Service 26, I
International Boundary and Water Commission, United States and Mexico
22, XI
International Cooperation and Development Office, Department of
Agriculture 7, XXII
International Development, Agency for 22, II
International Development Cooperation Agency 22, XII
International Development, Agency for 22, II
Overseas Private Investment Corporation 22, VII
International Joint Commission, United States and Canada 22, IV
International Organizations Employees Loyalty Board 5, V
International Regulatory Agencies (Fishing and Whaling) 50, III
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 49, X
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 28, I; 41, 128
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 4, II
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the United States 45, V
Immigration and Naturalization Service 8, I
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Labor Department
Benefits Review Board 20, VII
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office of 41, 60
Federal Procurement Regulations System 41, 50
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Pension and Welfare Benefits Administration 29, XXV
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Management and Budget, Office of 5, III; 48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II
Micronesian Status Negotiations, Office for 32, XXVII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Mines, Bureau of 30, VI
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Mortgage Insurance and Loan Programs Under the Emergency Homeowners'
Relief Act, Department of Housing and Urban Development 24, XV
National Aeronautics and Space Administration 14, V; 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Archives and Records Administration 36, XII
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information Science 45, XVII
National Credit Union Administration 12, VII
National Foundation on the Arts and the Humanities 45, XI
National Highway Traffic Safety Administration 23, II, III; 49, V
National Indian Gaming Commission 25, III
National Institute of Standards and Technology 15, II
National Labor Relations Board 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 45, VI; 48, 25
National Security Council 32, XXI
National Security Council and Office of Science and Technology Policy
47, II
National Telecommunications and Information Administration 15, XXIII;
47, III
National Transportation Safety Board 49, VIII
Navy Department 32, VI; 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Nuclear Regulatory Commission 10, I
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Office of Independent Counsel 28, VII
Office of Navajo and Hopi Indian Relocation 25, IV
Offices of Independent Counsel, Department of Justice 28, VI
Operations Office, Department of Agriculture 7, XXVIII
Overseas Private Investment Corporation 22, VII
Oversight Board 12, XV
Packers and Stockyards Administration 9, II
Panama Canal Commission 48, 35
Panama Canal Regulations 35, I
Patent and Trademark Office 37, I
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension and Welfare Benefits Administration, Department of Labor 29,
XXV
Pension Benefit Guaranty Corporation 29, XXVI
Personnel Management, Office of 5, I; 45, VIII; 48, 17
Federal Employees Health Benefits Acquisition Regulation 48, 16
Postal Rate Commission 39, III
Postal Service, United States 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House Fellowships 1, IV
Presidential Documents 3
Prisons, Bureau of 28, V
Productivity, Technology and Innovation, Assistant Secretary
(Commerce) 37, IV
Property Management Regulations System, Federal 41, Subtitle C
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation Bureau 43, I
Reduction in Meeting and Training Allowance Payments 41, 304
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Special Programs Administration 49, I
Resolution Trust Corporation 12, XVI
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and National Security
Council 47, II
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 13, I; 48, 22
Smithsonian Institution 36, V
Social Security Administration 20, III; 45, IV
Soil Conservation Service 7, VI
Solar Energy and Energy Conservation Bank, Department of Housing and
Urban Development 24, XI
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, Office of 34, III
State Department 22, I
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Tennessee Valley Authority 18, XIII
Thrift Supervision Office, Department of the Treasury 12, V
Trade Representative, United States, Office of 15, XX
Transportation, Department of 44, IV
Coast Guard 33, I; 46, I, III; 49, IV
Commercial Space Transportation, Office of 14, III
Contract Appeals Board 48, 63
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II; 49, III
Federal Railroad Administration 49, II
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Research and Special Programs Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Urban Mass Transportation Administration 49, VI
Transportation, Office of, Department of Agriculture 7, XXXIII
Travel Allowance 41, 301
Travel and Tourism Administration, United States 15, XII
Treasury Department 17, IV
Alcohol, Tobacco and Firearms, Bureau of 27, I
Comptroller of the Currency 12, I
Customs Service, United States 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision Office 12, V
United States Customs Service 19, I
Truman, Harry S. Scholarship Foundation 45, XVIII
Under Secretary for Technology, Department of Commerce 37, V
United States and Canada, International Joint Commission 22, IV
United States Arms Control and Disarmament Agency 22, VI
United States Customs Service 19, I
United States Fish and Wildlife Service 50, I, IV
United States Information Agency 22, V; 48, 19
United States International Development Cooperation Agency 22, XII
United States International Trade Commission 19, II
United States Postal Service 39, I
United States Soldiers' and Airmen's Home 5, XI
United States Trade Representative, Office of 15, XX
United States Travel and Tourism Adminstration 15, XII
Urban Mass Transportation Administration 49, VI
Veterans Affairs Department 38, I; 48, 8
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agriculture Outlook Board 7, XXXVIII
48 CFR 253.215-70 -- 48 CFR (10-1-92 Edition)
48 CFR 253.215-70 -- List of CFR Sections Affected
48 CFR 253.215-70 -- List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations which
were made by documents published in the Federal Register since January
1, 1986, are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters and parts as
well as sections for revisions.
For the period before January 1, 1986, see the ''List of CFR Sections
Affected, 1973-1985,'' published in four separate volumes.
48 CFR 253.215-70 -- 1986
48 CFR
51 FR
Page
Chapter 2
Chapter 2 Revised 46053
252.217-7242 Amended; interim 28945
Eff. 8-1-86 29231
252.217-7270 Confirmed 19553
252.222-7002 Added; interim 4502
Revised 43355
252.223-7001 Added; interim 28945
Eff. 8-1-86 29231
252.223-7002 Added; interim 28946
Eff. 8-1-86 29231
Introductory text corrected 31765
252.223-7003 Added; interim eff. to 9-30-88 42097
252.228-7007 Correctly removed 31765
252.232-7004 Amended; interim 43211
252.232-7005 Added 13514
Effective date corrected 16042
Added; interim 43211
252.232-7006 Added 13514
Effective date corrected 16042
Added; interim 43212
252.232-7007 Added 13514
Effective date corrected 16042
Corrected 18587, 20651
Added; interim 43212
252.242-7003 Revised 13518
Technical correction 16042
253.270 Amended; interim 43210
48 CFR 253.215-70 -- 1987
48 CFR
52 FR
Page
Chapter 2
252.203-7001 Added 34789
252.203-7002 Added; interim 12386
Corrected 19870
252.203-7003 Added 34387
252.204-7006 Added; interim eff. to 1-31-88 4319
252.204-7007 Added 36421
252.205-7000 Added; interim 12387
252.215-7001 Added; interim 11277
Introductory text corrected 13447
Redesignated as 252.215-7002; new 252.215-7001 added 26347
252.215-7002 Redesignated from 252.215-7001 26347
252.217-7220 Removed 34789
252.217-7270 Amended 11077, 34789
252.219-7005 Added; interim 16267
Correctly designated; heading and text corrected 19871
Correctly designated; text corrected 22415
252.219-7006 Added; interim 16267
Corrected 19871
252.223-7003 added; interim eff. to 9-30-88 36775
252.225-7023 Added 49415
252.227-7013 Revised 12405
Corrected 36423
252.227-7014 -- 252.227-7015 Removed 12405
252.227-7016 Revised 12407
Corrected 36423
252.227-7017 Revised 12407
Corrected 36423
252.227-7018 Revised 12407
Corrected 36423
252.227-7019 Revised 12408
252.227-7020 Revised 12408
Corrected 36423
252.227-7021 Revised 12408
Corrected 36423
252.227-7022 Revised 12408
252.227-7023 Revised 12408
Corrected 36423
252.227-7024 Revised 12409
Corrected 36423
252.227-7025 Revised 12409
Corrected 36423
252.227-7026 Revised 12411
Corrected 36423
252.227-7027 Revised 12411
Corrected 36423
252.227-7028 Revised 12411
252.227-7029 Revised 12411
252.227-7030 Revised 12411
252.227-7031 Revised 12411
252.227-7032 Revised 12411
252.227-7033 Revised 12412
252.227-7034 Revised 12412
252.227-7035 Added 12412
252.227-7036 Added 12412
252.227-7037 Added 12412
252.231-7001 Added 5772
Corrected 23836
252.231-7002 Added 5772
252.232-7005 Added; interim 30369
252.232-7006 Added; interim 30369
252.245-7000 Added; interim 12390
Removed 49415
253.204-70 Added 36421
253.270 Amended; final 28716
Amended 33415, 39536
Chapter 2 Unpublished DAR Supplement No. 3 amended 39536
Chapter 2 Unpublished DAR Supplement No. 6 amended 34789
48 CFR 253.215-70 -- 1988
48 CFR
53 FR
Page
Chapter 2
252 Technical correction 44975
252.203-7001 (b) amended 38184
252.203-7002 Addition confirmed and amended 38239
252.204-7004 Introductory text amended 34104
252.204-7005 Revised 34104
(a) amended 50417
252.204-7006 Addition confirmed 38176
Removed 38248
252.204-7007 Introductory text amended 34104
Introductory text corrected 50417
252.204-7008 Added 51561
252.205-7000 Addition confirmed; amended 10250
Addition confirmed 38196
Amended 38239
252.208-7006 Added; interim 29334
252.209-7000 Added 38196
252.209-7001 Added 20632
252.210-7001 Heading and text amended 38176
252.210-7002 Heading and text amended 38176
252.210-7005 Added 35202
252.214-7000 Removed 38176
252.214-7001 Added 38176
252.215-7002 Addition confirmed 38176
252.215-7003 Added 8910
Corrected 11073
252.217-7129 Removed 38248
252.217-7264 Amended 38248
252.219-7000 Revised; interim 5128
Revision confirmed 20630
Amended 20630
Correctly designated 22609
252.219-7005 Revised; interim 5129
Revision confirmed 20630
Amended 20631
252.219-7006 Revised; interim 5129
Revision confirmed 20630
Amended 20631
252.219-7007 Added; interim 5129
Addition confirmed 20630
Heading and text amended 20631
Heading corrected 50417
252.219-7008 Added; interim 5129
Addition confirmed 20630
Removal; interim 20631
Regulation at 53 FR 20626 confirmed 50417
252.219-7009 Added; interim 5130
Addition confirmed 20630
Amended 20631
Correctly designated 22426
252.219-7010 Added; interim 5130
Addition confirmed 20630
Amended 20631
252.219-7011 Added; interim 5131
Addition confirmed 20630
252.223-7001 Amended 38205
252.223-7003 Addition interim effectiveness extended to 1-1-89 32620
Addition confirmed 38239
252.223-7500 Added; eff. 10-31-88 37765
252.225-7007 Amended 38239
252.225-7010 Amended 38248
252.225-7022 Added 38184
252.225-7023 Revised 38248
252.225-7026 Added 9119
Correctly designated 10250
252.225-7027 Added 9119
Correctly designated 10250
252.226-7000 Added; interim 5131
Addition confirmed 20630
Amended 20631
252.226-7001 Added 20631
252.227-7013 Revised; interim 10789
Introductory text amended 20634
Revision confirmed 38234
Revised; interim 43709
Regulation at 53 FR 43709 confirmed; corrected 50417
252.227-7016 -- 252.227-7017 Removed; interim 10789
Removal confirmed 38234
252.227-7018 Revised; interim 10793
Revision confirmed 38234
Revised; interim 43714
Regulation at 53 FR 43714 confirmed 50417
252.227-7019 -- 252.227-7024 Revised; interim 10794
Revision confirmed 38234
252.227-7019 Revised; interim 43714
Regulation at 53 FR 43714 confirmed 50417
252.227-7020 Republished; interim 43714
Regulation at 53 FR 43714 confirmed; corrected 50417
252.227-7021 Revised; interim 43715
Regulation at 53 FR 43714 confirmed 50417
252.227-7022 -- 252.227-7024 Republished; interim 43715
252.227-7022 Regulation at 53 FR 43715 confirmed; corrected 50417
252.227-7023 Regulation at 53 FR 43715 confirmed 50417
252.227-7024 Regulation at 53 FR 43715 confirmed 50417
252.227-7025 Removed; interim 10789
Removal confirmed 38234
252.227-7026 -- 252.227-7034 Revised; interim 10795
Revision confirmed 38234
Republished; interim 43715
252.227-7026 Regulation at 53 FR 43715 confirmed 50417
252.227-7027 Regulation at 53 FR 43715 confirmed 50417
252.227-7028 Revised; interim 43715
Regulation at 53 FR 43715 confirmed; (a) corrected 50417
252.227-7029 Revised; interim 43716
Regulation at 53 FR 43716 confirmed 50417
252.227-7030 Revised; interim 43716
Regulation at 53 FR 43716 confirmed 50417
252.227-7031 Revised; interim 43716
Regulation at 53 FR 43716 confirmed 50417
252.227-7032 -- 252.227-7034 Republished; interim 43716
252.227-7032 Regulation at 53 FR 43716 confirmed 50417
252.227-7033 Regulation at 53 FR 43716 confirmed 50417
252.227-7034 Regulation at 53 FR 43716 confirmed 50417
252.227-7035 -- 252.227-7037 Revised; interim 10796
Revision confirmed 38234
252.227-7035 Removed; interim 43709
252.227-7036 Revised; interim 43716
Regulation at 53 FR 43716 confirmed 50417
252.227-7037 Republished; interim 43716
Regulation at 53 FR 43717 confirmed; corrected 50417
252.227-7038 Added; interim 10797
Addition confirmed 38234
Removed; interim 43709
252.228-7005 Removed 38184
252.231-7001 Addition confirmed and amended 38239
252.231-7002 Addition confirmed 38239
Amended 38240
252.232-7000 Removed 3752
252.232-7004 Revised; interim 35512
Amended 38186
252.232-7005 Revised 38186
252.232-7006 Revised 38187
252.232-7007 Added 38187
252.236-7002 Amended 38176
252.236-7007 Removed 38197
252.236-7015 Removed 38248
252.245-7000 Added 50417
252.246-7001 Amended 38248
252.247-7100 Amended 38184
252.247-7102 Removed 38184
252.247-7103 Removed; new 252.247-7103 redesignated from
252.247-7104 and revised 38184
252.247-7104 Redesignated as 252.247-7103 and revised; new
252.247-7104 redesignated from 252.247-7105 and revised 38184
252.247-7105 Redesignated as 252.247-7104 and revised; new
252.247-7105 redesignated from 252.247-7106 38184
252.247-7106 Redesignated as 252.247-7105; new 252.247-7106
redesignated from 252.247-7107 38184
252.247-7107 Redesignated as 252.247-7106; new 252.247-7107
redesignated from 252.247-7108 38184
252.247-7108 Redesignated as 252.247-7107; new 252.247-7108
redesignated from 252.247-7109 38184
252.247-7109 Redesignated as 252.247-7108; new 252.247-7109
redesignated from 252.247-7112 and amended 38184
252.247-7110 Removed; new 252.247-7110 redesignated from
252.247-7115 and amended 38184
252.247-7111 Removed 38184
Redesignated from 252.247-7116 and amended 38185
252.247-7112 Redesignated as 252.247-7109 and amended 38184
Redesignated from 252.247-7120 and amended 38185
252.247-7113 Removed; new 252.247-7113 redesignated from
252.247-7114 38184
252.247-7114 Redesignated as 252.247-7113 38184
Redesignated from 252.247-7121 and revised 38185
252.247-7115 Redesignated as 252.247-7110 and amended 38184
252.247-7116 Redesignated as 252.247-7111 and amended 38185
252.247-7117 Removed 38185
252.247-7118 Removed 38185
252.247-7119 Removed 38185
252.247-7120 Redesignated as 252.247-7112 and amended 38185
252.247-7121 Redesignated as 252.247-7114 and revised 38185
252.270-7003 Amended 38176
252.270-7004 Amended 38176
252.270-7006 Amended 38201
252.270-7101 Amended 38197
252.270-7102 Amended 38197
252.270-7105 Amended 38197
252.270-7106 Amended 38197
252.270-7114 Amended 38197
252.270-7115 Amended 38197
252.270-7119 Amended 38197
252.270-7136 Amended 38197
252.270-7202 Amended 38197
252.270-7203 Amended 38197
252.270-7204 Amended 38197
253.105 Added 46459
253.170 Amended 46459
253.270 Amended 38185,
38201, 38249
253.270 Removed 46459
253 Editorial Note amended 46459; 50417
270.306 (b) amended 38197
270.322 (c)(3) amended 38197
270.324 Amended 38197, 38249
270.602 Heading and (b) revised; (a) amended; (c) and (d) added
50417
270.607 Heading revised; text amended 38197
270.1103 (a) (6) and (15) amended 38197
270.1401 (a) amended 38197
Chapter 2 Appendixes I, N, and T amended 38176
Appendix N revised 38218
Appendix A amended 38197
Appendix O removed 38198
Appendix T amended 38205
Appendixes I, N and T amended 38249
Appendix T revised 50417
48 CFR 253.215-70 -- 1989
48 CFR
54 FR
Page
Chapter 2
252 Technical correction 32161, 34996
252.203-7001 Revised 16119
252.205-7000 Amended 7429, 46902
252.208-7006 Regulation at 53 FR 29334 confirmed and revised 14655
Corrected 16438-T
(a) and (e)(3) corrected 20596
Introductory text amended 31039
252.209-7001 Regulation at 53 FR 20632 confirmed 53616
Revised 53620
252.213-7000 Removed 26208
252.213-7001 Redesignated as 252.247-7201 and amended 26208
252.215-7003 Amended 11725, 53620
252.219-7007 Amended 31039
252.219-7010 Amended 31039
252.219-7012 Added; interim 4248
(b) redesignated as (c); new (b) added; interim 7191
Comment time extended 9807
Regulation at 54 FR 4248 confirmed 26208
252.219-7013 Added; interim 4248
Comment time extended 9807
Regulation at 54 FR 4248 confirmed 26208
252.219-7014 Added; interim 4248
Comment time extended 9807
252.219-7015 Regulation at 54 FR 4248 confirmed 26208
252.222-7000 Removed 30747
252.222-7001 Removed 30747
252.223-7000 Removed 30747
252.223-7003 Removed 7429
252.223-7004 Added 30747
252.223-7005 Added 30747
252.225-7023 Amended 7429
252.225-7024 Added 7429
252.225-7026 Removed 22283
252.225-7027 Removed 22283
252.225-7028 Added 16120, 53621
252.227-7013 Amended 31039
252.228-7007 Added 16120
252.232-7007 Amended 53621
252.235-7002 Removed 11725
252.235-7005 Amended 11725-11726
252.236-7019 Added 30747
252.242-7001 Added 20596
252.247-7200 Removed 16120
252.247-7201 Redesignated from 252.213-7001 and amended 26208
252.247-7202 Added 16120, 53621
252.247-7203 Added 16121
Introductory text, (a)(6), and (d) amended 53621
252.247-7204 Added 53621
252.271-7001 Added 17727
Amended 31039
253 Technical correction 32161
253 Editorial Note amended 20596, 30748
271 Added 11728
Technical correction 32161
Chapter 2 Appendix T corrected 2258
Appendix N amended 7429
Appendix H amended 36773
Appendix I amended 36773
Appendix N revised 36773
Appendix I corrected 46902
Appendix N amended 53621
48 CFR 253.215-70 -- 1990
48 CFR
55 FR
Page
Chapter 2
252.204-7004 Removed 19080
Regulation at 55 FR 19080 confirmed 48732
252.204-7007 Amended 19080
Regulation at 55 FR 19080 confirmed 48732
252.208-7005 Revised; interim 48746
252.210-7001 Removed 30159
252.215-7003 Corrected 39971
252.217-7306 Amended 19080
Regulation at 55 FR 19080 confirmed 48732
252.219-7000 Amended 30159
252.219-7005 Amended; interim 19080
(b) amended 30159
Regulation at 55 FR 19081 confirmed 48732
252.219-7009 Amended 19081
Regulation at 55 FR 19081 confirmed 48732
252.219-7015 Added 30159
252.219-7016 Added 30160
252.223-7005 Amended 19081, 30160
Regulation at 55 FR 19081 confirmed 48732
252.223-7008 Regulation at 55 FR 19081 confirmed 48732
252.225-7000 Revised; interim 48746
252.225-7001 Revised; interim 48746
252.225-7003 Introductory text amended; interim 48747
252.225-7005 Revised; interim 48747
252.225-7006 (a)(xi)(5) amended 30160
Revised; interim 48747
252.225-7008 Amended 19081
Revised; interim 48748
252.225-7009 Revised 19081
Regulation at 55 FR 19081 confirmed 48732
252.225-7014 Amended 19081
Regulation at 55 FR 19081 confirmed 48732
252.225-7018 Removed; interim 48749
252.225-7020 Removed; interim 48749
252.225-7021 Removed; interim 48749
252.225-7023 Amended; interim 30160
252.225-7025 Added; interim 48749
252.225-7026 Added; interim 48749
252.225-7029 Added; interim 48749
252.225-7030 Added; interim 48750
252.226-7002 Added; interim 48750
252.227-7039 Added 19081
Regulation at 55 FR 19081 confirmed 48732
252.232-7004 Revised; interim 48750
252.233-7000 Amended 19082, 30160
Regulation at 55 FR 19082 confirmed 48732
252.243-7000 Amended 19082
Regulation at 55 FR 19082 confirmed 48732
252.247-7203 Amended 19082
Regulation at 55 FR 19082 confirmed 48732
252.252-7000 Removed 30160
252.252-7001 Removed 30160
252.252-7002 Removed 30160
252.252-7003 Removed 30160
Chapter 2 Appendix H removed 19082
Appendix I amended 19082
Appendix L removed 30160
Appendix P removed 30160
Appendixes H and I regulation at 55 FR 19082 confirmed 48732
Appendix N revised; interim 48750
48 CFR 253.215-70 -- 1991
48 CFR
56 FR
Page
Chapter 2
Chapter 2 Revised; eff. 12-31-91 36284
252 Technical correction 26719
252.203-7001 Amended; interim 9087
252.203-7002 Amended 9088
252.203-7004 Added; interim 24142
252.208-7005 Regulation at 55 FR 48746 confirmed 15167
252.211-7000 Added; interim 18619
252.211-7001 Added; interim 18619
252.211-7002 Added; interim 18620
252.211-7003 Added; interim 18621
252.211-7004 Added; interim 18621
252.211-7005 Added; interim 18622
Removed; interim 67221
252.211-7006 Added; interim 18622
252.211-7007 Added; interim 18622
252.211-7008 Added; interim 18622
252.211-7009 Added; interim 18623
252.211-7010 Added; interim 18623
252.211-7011 Added; interim 18623
252.211-7012 Added; interim 18623
252.211-7013 Added; interim 18624
252.211-7014 Added; interim 18624
252.211-7015 Added; interim 18624
252.211-7016 Added; interim 18625
252.211-7017 Added; interim 18625
252.211-7018 Added; interim 18625
252.211-7019 Added; interim 18626
Amended 67221
252.211-7020 Added; interim 18626
252.211-7021 Added; interim 18627
252.215-7004 Added; interim 15166
252.219-7012 Removed 9090
252.219-7013 Removed 9090
252.219-7014 Removed 9090
252.219-7016 Removed; interim 15166
Removal at 56 FR 15166 confirmed 60070
252.223-7000 Removed 67221
252.223-7004 Removed; new 252.223-7004 redesignated from
252.223-7005; revised; interim 67221
252.223-7005 Redesignated as 252.223-7004; interim 67221
252.223-7006 Added 60072
252.223-7007 Added 60073
252.223-7500 Revised 60073
252.225-7000 Regulation at 55 FR 48746 confirmed 15167
252.225-7001 Revised; interim 9088
Regulation at 55 FR 48746 confirmed 15167
Regulation at 56 FR 9088 confirmed 60070
252.225-7003 Regulation at 55 FR 48747 confirmed 15167
252.225-7005 Revised; interim 9088
Regulation at 55 FR 48747 confirmed 15167
Regulation at 56 FR 9088 confirmed 60070
252.225-7006 Revised; interim 9089
Regulation at 55 FR 48747 confirmed 15167
Regulation at 56 FR 9089 confirmed 60070
(c)(1)(i) revised 67221
252.225-7008 Amended; interim 9089
Regulation at 55 FR 48748 confirmed 15167
Regulation at 56 FR 9089 confirmed 60070
252.225-7009 (f)(2)(iv) amended 67221
252.225-7014 Amended; interim 9089
Regulation at 56 FR 9089 confirmed 60070
252.225-7018 Regulation at 55 FR 48749 confirmed 15167
252.225-7020 Regulation at 55 FR 48749 confirmed 15167
252.225-7021 Regulation at 55 FR 48749 confirmed 15167
252.225-7023 Regulation at 55 FR 30160 confirmed 9089
252.225-7025 Revised 15166
Regulation at 55 FR 48749 confirmed 15167
252.225-7026 Revised 15166
Regulation at 55 FR 48749 confirmed 15167
252.225-7029 Regulation at 55 FR 48749 confirmed 15167
Added 67221
252.225-7030 Regulation at 55 FR 48750 confirmed 15167
252.225-7031 Added 15166
252.225-7032 Added 15166
252.225-7033 Added; interim 15166
252.225-7034 Added 64212
252.226-7002 Regulation at 55 FR 48750 confirmed 15167
Removed 60073
252.228-7001 (i)(2)(ii) amended 67221
252.231-7000 Revised 15166
252.232-7004 Regulation at 55 FR 48750 confirmed 15167
Added 67221
252.232-7005 Added 67221
252.232-7007 (a) revised 31343
Technical correction 38174
252.232-7008 Added 31343, 37965
Technical correction 38174
252.234-7000 Amended 67222
252.237-7001 Added; interim 43987
Corrected 49509
252.237-7019 Added; interim 67222
252.239-7000 (a)(1) amended 67222
252.247-7110 Revised 60073
252.249-7001 Added; interim 24031
Regulation at 56 FR 24031 eff. 5-14-91; interim 28345
Revised 60074
Added 67222
253.204-70 (c)(3), (d)(5)(i)(H) and (xi)(B)(1) amended; (c)(4)(vi)
revised 67222
(c)(4)(vii) and (e)(3)(ii) revised 67223
Chapter 2 Appendix N amended 9089
Appendix N regulation at 55 FR 48750 confirmed 15167
Appendix G amended 67223
48 CFR 253.215-70 -- 1992
48 CFR
57 FR
Page
Chapter 2
252 Technical correction 45422
252.201-7000 Amended 42633
252.203-7003 Added 14995
252.204-7000 Amended 14996
252.204-7003 Added; interim 14996
Regulation at 57 FR 14996 confirmed 42629
252.211-7005 Removal at 56 FR 67221 confirmed 14990
252.211-7021 (b)(1), (2) and (3) amended; interim 4743
252.215-7004 Added; interim 41423
252.217-7001 Amended 42633
252.219-7007 Added; interim 38287
252.223-7004 Revised; interim 32737
252.223-7005 Added; interim 14996
252.225-7003 Amended 42633
252.225-7016 Removed; interim 14996
252.225-7017 Revised; interim 14996
252.225-7022 Correctly designated 42633
252.225-7023 Amended; interim 14996
Regulation at 57 FR 14996 confirmed 42629
252.225-7029 Regulation at 56 FR 67221 confirmed 14989
252.225-7030 Added; interim 14996
252.225-7031 Added; interim 29042
252.228-7003 (a)(4), (b)(2) and (e) amended 42633
252.228-7006 Added 42708
252.232-7001 Amended 42633
252.232-7006 Added; interim 3359
Revised 42633
252.237-7019 Regulation at 56 FR 67222 confirmed 14990
(a)(1) and (b) revised 14996
Amended 42633
252.242-7001 (c) amended 42633
252.243-7000 Amended 42633
252.247-7022 Amended 42633
252.270-7000 Removed 41423
253.204-70 (b)(5)(ii)(A), (c)(4)(iv)(A), (B), (C) and (ix)(B)(2)
revised 42633
270 Removed; interim 41423
Chapter 2 Appendixes B, and D amended 42634
Appendix G revised 42634
48
Federal Acquisition Regulations System
CHAPTER 2 (Parts 252 to 299)
Revised as of December 31, 1992
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF December 31, 1992
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
Washington, DC 20402-9328
48 CFR 253.215-70 -- Table of Contents
Page
Explanation v
Title 48:
Chapter 2 -- Department of Defense
Finding Aids:
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
48 CFR 253.215-70 -- Explanation
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
ISSUE DATES
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16 as of January 1
Title 17 through Title 27 as of April 1
Title 28 through Title 41 as of July 1
Title 42 through Title 50 as of October 1
The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, October 1, 1992), consult the ''List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ''Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal
agencies to display an OMB control number with their information
collection request. Many agencies have begun publishing numerous OMB
control numbers as amendments to existing regulations in the CFR. These
OMB numbers are placed as close as possible to the applicable
recordkeeping or reporting requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected,
1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes.
For the period beginning January 1, 1986, a ''List of CFR Sections
Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ''Title 3 -- The President'' is carried
within that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ''Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES AND SALES
For a summary, legal interpretation, or other explanation of any
regulation in this volume, contact the issuing agency. Inquiries
concerning editing procedures and reference assistance with respect to
the Code of Federal Regulations may be addressed to the Director, Office
of the Federal Register, National Archives and Records Administration,
Washington, DC 20408 (telephone 202-512-1557). Sales are handled
exclusively by the Superintendent of Documents, Government Printing
Office, Washington, DC 20402 (telephone 202-783-3238).
Martha L. Girard,
Director,
Office of the Federal Register.
October 1, 1992.
48 CFR 253.215-70 -- THIS TITLE
Title 48 -- Federal Acquisition Regulations System is composed of
eight volumes. The chapters in these volumes are arranged as follows:
Chapter 1 (parts 1 to 51), chapter 1 (parts 52 to 99), chapter 2 (parts
201 to 251 and parts 252 to 299), chapters 3 to 6, chapters 7 to 14,
chapters 15 to 28 and chapter 29 to end. The contents of these volumes
represent all current regulations codified under this title of the CFR
as of October 1, 1992.
The Federal acquisition regulations in chapter 1 are those
government-wide acquisition regulations jointly issued by the General
Services Administration, the Department of Defense, and the National
Aeronautics and Space Administration. Chapters 2 through 99 are
acquisition regulations issued by individual government agencies. Parts
1 to 69 in each of chapters 2 through 99 are reserved for agency
regulations implementing the Federal acquisition regulations in chapter
1 and are numerically keyed to them. Parts 70 to 99 in chapters 2
through 99 contain agency regulations supplementing the Federal
acquisition regulations.
The OMB control numbers for the Federal Acquisition Regulations
System appear in 1.105 of chapter 1. For the convenience of the user
1.105 is reprinted in the Finding Aids section of the second volume
containing chapter 1 (parts 52 to 99).
The two volumes containing chapter 1 include an index to the Federal
acquisition regulations. The second volume, containing chapter 1 (parts
52 to 99), includes contract clauses and forms.
For this volume, Rob Sheehan was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Richard L.
Claypoole, assisted by Alomha S. Morris.
48 CFR 0.0 48 CFR Ch. 3 (10-1-92 Edition)
48 CFR 0.0 Department of Health and Human Services
48 CFR 0.0 Title 48 -- Federal Acquisition Regulations System
48 CFR 0.0 (This book contains chapters 3 to 6)
Part
chapter 3 -- Department of Health and Human Services 301
chapter 4 -- Department of Agriculture 401
chapter 5 -- General Services Administration 501
chapter 6 -- Department of State 601
48 CFR 0.0 48 CFR Ch. 3 (10-1-92 Edition)
48 CFR 0.0 Department of Health and Human Services
48 CFR 0.0 CHAPTER 3 -- DEPARTMENT OF HEALTH AND HUMAN SERVICES
Editorial Note: Nomenclature changes affecting chapter 3 appear at
49 FR 36110, Sept. 14, 1984.
48 CFR 0.0 SUBCHAPTER A -- GENERAL
Part
Page
301 HHS Acquisition Regulation System
302 Definitions of words and terms
303 Improper business practices and personal conflicts of interest
304 Administrative matters
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER B -- ACQUISITION PLANNING
305 Publicizing contract actions
306 Competition requirements
307 Acquisition planning
309 Contractor qualifications
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
313 Small purchase and other simplified purchase procedures
314 Formal advertising
315 Contracting by negotiation
316 Types of contracts
317 Special contracting methods
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
319 Small business and small disadvantaged business concerns
320 Labor surplus area concerns
322 Application of labor laws to Government acquisitions
324 Protection of privacy and freedom of information
325 Foreign acquisition
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
328 Bonds and Insurance
330 Cost accounting standards
332 Contract financing
333 Protests, disputes, and appeals
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
334 Major system acquisition
335 Research and development contracting
337 Service contracting
339 Management, acquisition, and use of information resources
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER G -- CONTRACT MANAGEMENT
342 Contract administration
345 Government property
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER H -- CLAUSES AND FORMS
352 Solicitation provisions and contract clauses
353 Forms
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER T -- HHS SUPPLEMENTATIONS
370 Special programs affecting acquisition
Attachment I -- Single Letter of Credit Recipients and Central Point
Addressees
Attachment II -- HHSAR Subject Index
Appendix A -- Public Health Service
48 CFR 0.0
48 CFR 0.0 48 CFR Ch. 3 (10-1-92 Edition)
48 CFR 0.0 Department of Health and Human Services
48 CFR 0.0 SUBCHAPTER A -- GENERAL
48 CFR 0.0 PART 301 -- HHS ACQUISITION REGULATION SYSTEM
48 CFR 0.0 Subpart 301.1 -- Purpose, Authority, Issuance
Sec.
301.101 Purpose.
301.102 Authority.
301.103 Applicability.
301.104 Issuance.
301.104-1 Publication and code arrangement.
301.104-2 Arrangement of regulations.
301.104-3 Copies.
301.105 OMB approval under the Paperwork Reduction Act.
48 CFR 0.0 Subpart 301.2 -- Administration
301.201 Maintenance of the HHSAR.
301.270 Executive Committee for Acquisition.
301.271 Timing of HHSAR revisions.
48 CFR 0.0 Subpart 301.3 -- Agency Acquisition Regulations
301.301 Policy.
301.302 Limitations.
301.303 Publication and codification.
301.304 Agency control and compliance procedures.
48 CFR 0.0 Subpart 301.4 -- Deviations From the FAR
301.403 Individual deviations.
301.404 Class deviations.
301.470 Procedure.
48 CFR 0.0 Subpart 301.5 -- Agency and Public Participation
301.501 Solicitation of agency and public views.
301.501-2 Opportunity for public comments.
301.501-3 Exceptions.
301.503 Public meetings.
48 CFR 0.0 Subpart 301.6 -- Contracting Authority and Responsibility
301.602-3 Ratification of unauthorized commitments.
301.603 Selection, appointment, and termination of appointment.
301.603-1 General.
301.603-2 Selection.
301.603-3 Appointment.
301.603-4 Termination.
301.603-70 Delegation of contracting officer responsibilities.
301.670 Head of the contracting activity.
301.670-1 Responsibility.
301.670-2 Designation.
301.670-3 Redelegation.
48 CFR 0.0 Subpart 301.7 -- Determinations and Findings
301.703 Class determinations and findings.
301.704 Content.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 13961, Apr. 9, 1984, unless otherwise noted.
48 CFR 0.0 Subpart 301.1 -- Purpose, Authority, Issuance
48 CFR 301.101 Purpose.
(a) The Department of Health and Human Services Acquisition
Regulation (HHSAR) is issued to establish uniform acquisition policies
and procedures for the Department of Health and Human Services (HHS)
which conform to the Federal Acquisition Regulation (FAR) System.
(b) The HHSAR implements and supplements the FAR. (Implementing
material expands upon or indicates the manner of compliance with related
FAR material. Supplementing material is new material which has no
counterpart in the FAR.)
(c) The HHSAR contains all formal departmental policies and
procedures that govern the acquisition process or otherwise control
contracting relationships between the Department's contracting offices
and contractors.
48 CFR 301.102 Authority.
The HHSAR is prescribed by the Assistant Secretary for Management and
Budget under the authority of 5 U.S.C. 301 and Section 205(c) of the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 486(c)), as delegated by the Secretary. The Assistant Secretary
for Management and Budget has redelegated the authority to establish all
departmental acquisition policy and publish all acquisition regulations
to the Deputy Assistant Secretary for Management and Acquisition. This
authority is not redelegable.
(49 FR 13961, Apr. 9, 1984, as amended at 54 FR 24342, June 7, 1989)
48 CFR 301.103 Applicability.
The FAR and HHSAR apply to all HHS acquisitions as stated in FAR
1.103. Unless specified otherwise, these regulations apply to
acquisitions within and outside the United States.
48 CFR 301.104 Issuance.
48 CFR 301.104-1 Publication and code arrangement.
(a) The HHSAR is also published in the same forms as indicated in FAR
1.104-1(a).
(b) The HHSAR is issued in the Code of Federal Regulations (CFR) as
Chapter 3 of Title 48, Department of Health and Human Services
Acquisition Regulation. It may be referenced as ''48 CFR Chapter 3.''
48 CFR 301.104-2 Arrangement of regulations.
(a) General. The HHSAR conforms to the FAR with respect to
divisional arrangements; i.e., subchapters, parts, subparts, sections,
subsections, and paragraphs.
(b) Numbering. The FAR System of numbering permits the keying of the
same or similar subject matter throughout Chapters 1 (FAR) and 3
(HHSAR). However, unlike the FAR numbering scheme, our scheme varies
somewhat in the numbering to the left of the decimal point. Whereas the
FAR only identifies the part number to the left of the decimal point,
our corresponding reference identifies the chapter as well. For
example, this corresponding paragraph in the FAR is numbered 1.104-2(b)
where ''1'' is the part number (may be one or two digits and is followed
by a decimal point), ''1'' (to the right of the decimal point) is the
subpart number, ''04'' (always two digits) is the section number, ''2''
is the subsection number (always hyphenated), and ''(b)'' is the
paragraph reference. The corresponding HHSAR reference is 301.104-2(b)
where the ''3'' or first digit is the chapter number assigned to the
particular department or agency (may be two digits) and the ''01''
represents the part number (part numbers will always be two digits for
agencies implementing the FAR). The remaining numbers are identical to
and represent the same divisions as the FAR example.
(c) References and citations. (1) Unless otherwise stated,
references, indicate parts, subparts, sections, subsections, etc, of
this regulation, the HHSAR.
(2) This regulation shall be referred to as the Department of Health
and Human Services Acquisition Regulation (HHSAR). Any reference may be
cited as ''HHSAR'' followed by the appropriate number. Within the
HHSAR, the number alone will be used.
(3) Citations of authority shall be incorporated where necessary.
All FAR reference numbers shall be preceded by ''FAR''.
48 CFR 301.104-3 Copies.
Copies of the HHSAR in Federal Register and CFR form may be purchased
by the public from the Superintendent of Documents, Government Printing
Office (GPO), Washington, DC 20402. Lose-leaf copies of the HHSAR may
be obtained by departmental personnel having a need for the document by
placing an order with a Directives Distribution Coordinator in
accordance with General Administration Manual Chapter 1-00, HHS Staff
Manual System.
48 CFR 301.105 OMB approval under the Paperwork Reduction Act.
The following OMB control numbers apply to the information collection
and recordkeeping requirements contained in this regulation:
The OMB control number ''OMB No. 0990-0115'' is to be included in
the upper right corner of the first page of all solicitations, purchase
orders, and contracts issued by departmental contracting activities.
The number represents approval of the HHS acquisition process and covers
recordkeeping and reporting requirements which are unique to individual
acquisitions (e.g., requirements contained in specifications, statements
of work, etc.).
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 51 FR 44293, Dec. 9, 1986; 53 FR 15562,
May 2, 1988)
48 CFR 301.105 Subpart 301.2 -- Administration
48 CFR 301.201 Maintenance of the HHSAR.
(a) The HHSAR is prepared and issued under the authority of the
Deputy Assistant Secretary for Management and Acquisition. Acquisition
policies and procedures which are necessary to implement, supplement, or
deviate from the FAR will be issued in the HHSAR by the Deputy Assistant
Secretary for Management and Acquisition when necessary to accomplish
Department-wide acquisition objectives.
(b) The HHSAR is maintained by the Office of Acquisition and Grants
Management. The Director, Office of Acquisition and Grants Management
is responsible for developing and preparing for issuance all acquisition
regulatory material to be included in the HHSAR.
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 54 FR 24342, June 7, 1989)
48 CFR 301.270 Executive Committee for Acquisition.
(a) The Deputy Assistant Secretary for Management and Acquisition has
established the Executive Committee for Acquisition (ECA) to assist and
facilitate the planning and development of departmental acquisition
policies and procedures and to assist in responding to other agencies
and organizations concerning policies and procedures impacting the
Federal acquisition process.
(b) The ECA consists of members and alternates from the Office of
Acquisition and Grants Management, Division of Contract Operations-OS,
Office of Human Development Services, Health Care Financing
Administration, Social Security Administration, Public Health Service,
and, collectively, the regional offices. The ECA is chaired by the
Director, Office of Acquisition and Grants Management. All meetings
will be held at the call of the Chairman, and all activities will be
carried out under the direction of the Chairman.
(c) The ECA, to facilitate the planning, development, and
coordination of government-wide and department-wide acquisition policies
and procedures, is to:
(1) Advise and assist the Chairman concerning major acquisition
policy matters;
(2) Review and appraise, at appropriate intervals, the overall
effectiveness of existing policies and procedures; and
(3) Review and appraise the impact of new major acquisition policies,
procedures, regulations, and developments on current acquisition
policies and procedures.
(d) The Chairman will periodically issue a list of current members
and alternates specifying the name, title, organization, address, and
telephone number of each. The member organizations are responsible for
apprising the Chairman whenever a new member or alternate is to be
appointed to the ECA.
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 54 FR 24342, June 7, 1989)
48 CFR 301.271 Timing of HHSAR revisions.
HHSAR revisions will be issued throughout the year as the need
arises. HHSAR material shall become effective on the date cited in the
Federal Register issuance or on the date of the transmittal notice which
distributes it to HHSAR Staff Manual holders, unless otherwise
indicated.
48 CFR 301.271 Subpart 301.3 -- Agency Acquisition Regulations
48 CFR 301.301 Policy.
(a)(1) The FAR and HHSAR are intended to provide all necessary
regulatory guidance for the conduct of the acquisition process within
the Department. However, there may be some rare instances where
regulations are necessary to implement and/or supplement the FAR and/or
HHSAR at the Operating Division (OPDIV) level or lower. The Department
discourages the proliferation of OPDIV and lower level issuances, but
will allow lower level issuances when deemed pertinent.
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 301.302 Limitations.
The same limitations applicable to the FAR also apply to the HHSAR.
48 CFR 301.303 Publication and codification.
(a) The HHSAR shall be codified in Chapter 3 of Title 48, Code of
Federal Regulations. Any OPDIV or lower implementation or
supplementation of the HHSAR or FAR shall also be codified as part of
Chapter 3. Implementing material is that which expands upon or
indicates the manner of compliance with related higher level material.
Supplementing material is that for which there is no counterpart. Where
material in the FAR requires no implementation, there will be no
corresponding number in the HHSAR. Thus, there are gaps in the HHSAR
sequence of numbers where the FAR, as written, is deemed adequate.
Supplementary material shall be numbered as specified in FAR 1.303.
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 301.304 Agency control and compliance procedures.
(a) Whenever an OPDIV or lower level organization determines a need
for an acquisition regulation not covered by the FAR or HHSAR or wishes
to implement or supplement the coverage in either, the organization
shall prepare a memorandum that explains the need, background,
justification, and significant aspects of the proposed regulation and
send it, together with an outline, to the Director, Office of
Acquisition and Grants Management. The Director will analyze the
request to determine if it has applicability to the HHSAR or FAR; if
not, the Director will either approve or disapprove the request for
incorporation into the organization's acquisition regulation. If the
request is approved, the organization must prepare the proposed
regulation in Federal Register format, obtain all necessary
concurrences, including Office of General Counsel -- Business and
Administrative Law Division, and send it to the Director, Office of
Acquisition and Grants Management for review and approval. The
regulation must be prepared for signature by the Deputy Assistant
Secretary for Management and Acquisition. All regulations will be
required to be processed through the public rulemaking process in the
Federal Register.
(b) Only the organizations listed in paragraph (d) are authorized to
established acquisition regulations. As of the date of issuance of the
HHSAR, no acquisition regulations below the HHSAR level exist, and the
procedures detailed in paragraph (a) must be followed to initiate the
establishment of an OPDIV or lower level regulation.
(c) Under no circumstances shall any organization's implementation or
supplementation of the FAR or HHSAR conflict with, supersede, or repeat,
paraphrase, or otherwise restate policies or procedures prescribed by
these regulatory issuances. OPDIV or lower level material shall follow
the numbering system, format, and arrangement of the FAR and HHSAR and
will be applicable only within the organization issuing it. One copy of
all OPDIV or lower level material issued in loose-leaf format shall be
furnished the Director, Office of Acquisition and Grants Management at
the times of issuance.
(d) Material issued by OPDIV or lower level organizations to
implement and supplement the HHSAR and FAR shall be identified by
prefixes to the digit 3 (indicating Chapter 3-HHSAR) as follows, and
shall use the same numbering system as the HHSAR:
Each OPDIV or lower level acquisition regulation will be included in
its entirety as a separate appendix to 48 CFR Chapter 3. The Director,
Office of Acquisition and Grants Management will assign the appendix
designation upon approval of the initial request to establish the OPDIV
or lower level acquisition regulation.
(49 FR 13961, Apr. 9, 1984, as amended at 49 FR 36110, Sept. 14,
1984; 50 FR 23126, May 31, 1985; 50 FR 38004, Sept. 19, 1985; 53 FR
43206, Oct. 26, 1988, 54 FR 24342, June 7, 1989)
48 CFR 301.304 Subpart 301.4 -- Deviations From the FAR
48 CFR 301.403 Individual deviations.
Requests for individual deviations to either the FAR or HHSAR shall
be prepared in accordance with 301.470 and forwarded through
administrative channels to the Director, Office of Acquisition and
Grants Management for review and approval.
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 54 FR 24342, June 7, 1989)
48 CFR 301.404 Class deviations.
Requests for class deviations to either the FAR or HHSAR shall be
prepared in accordance with 301.470 and forwarded through administrative
channels to the Deputy Assistant Secretary for Management and
Acquisition for review and approval.
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 54 FR 24342, June 7, 1989)
48 CFR 301.470 Procedure.
(a) When a contracting activity or contracting office determines that
a deviation is needed, it shall prepare a deviation request in
memorandum form and forward it through administrative channels to the
official designated as stated in 301.403 or 301.404. In an exigency
situation, the contracting activity or contracting office may request a
deviation verbally, but is required to confirm the request in writing as
soon as possible.
(b) A deviation request shall clearly and precisely set forth the:
(1) Nature of the needed deviation;
(2) Identification of the FAR or HHSAR from which the deviation is
needed;
(3) Circumstances under which the deviation would be used;
(4) Intended effect of the deviation;
(5) Time-frame; and
(6) Reasons which will contribute to complete understanding and
support of the requested deviation. A copy of pertinent background
papers such as a form or contractor's request should accompany the
deviation request.
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 54 FR 24342, June 7, 1989)
48 CFR 301.470 Subpart 301.5 -- Agency and Public Participation
301.501 Solicitation of agency and public views.
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 301.501-2 Opportunity for public comments.
(b) Public opportunity for comment on proposed changes or additions
to the HHSAR or lower level acquisition regulations will be offered
whenever the proposed regulation will have an impact on the public
and/or contractors. This will be accomplished by publishing a notice of
proposed rulemaking in the Federal Register which will include the
proposed language and the background and rationale for the proposed
regulation. Comments will not be solicited directly from professional
or industry associations or other interested parties; they will be
expected to respond based upon the Federal Register notification.
Normally, the public will be given 45 days to comment. Proposed changes
or additions to the HHSAR or FAR shall be staffed to the Executive
Committee for Acquisition in accordance with 301.270.
(49 FR 13961, Apr. 9, 1984. Redesignated and amended at 50 FR 23126,
May 31, 1985; 50 FR 38004, Sept. 19, 1985)
48 CFR 301.501-3 Exceptions.
(e) Comments will not be solicited from the public when the change or
addition to the HHSAR or lower level acquisition regulation is deemed
procedural in nature and concerns internal administrative directions
aimed at departmental personnel (see FAR 1.301(b)).
(49 FR 13961, Apr. 9, 1984, as amended at 49 FR 36110, Sept. 14,
1984. Redesignated and amended at 50 FR 23126, May 31, 1985; 50 FR
38004, Sept. 19, 1985)
48 CFR 301.503 Public meetings.
Public meetings will not normally be used to solicit comments or
views on HHSAR or lower level acquisition regulations. However, when
the topic is so controversial that the Department or OPDIV believes a
public meeting would be beneficial, public meetings will be convened.
(49 FR 13961, Apr. 9, 1984. Redesignated at 50 FR 23127, May 31,
1985; 50 FR 38004, Sept. 19, 1985)
48 CFR 301.503 Subpart 301.6 -- Contracting Authority and Responsibility
Source: 53 FR 15562, May 2, 1988, unless otherwise noted.
48 CFR 301.602-3 Ratification of unauthorized commitments.
(b) Policy. (1) The Government is not bound by agreements or
contractual commitments made to prospective contractors by persons to
whom contracting authority has not been delegated. However, execution
of otherwise proper contracts made by individuals without contracting
authority, or by contracting officers in excess of the limits of their
delegated authority, may be later ratified. The ratification must be in
the form of a written document clearly stating that ratification of a
previously unauthorized act is intended and must be signed by the head
of the contracting activity (HCA).
(2) The HCA or his/her designee is the official authorized to ratify
an unauthorized commitment (but see (b)(3), below).
(3) Ratification authority may be redelegated by the HCA, but not
below the level of the principal official responsible for acquisition
(PORA).
(c) Limitations. (5) The concurrence of legal counsel concerning the
payment issue is optional.
(7) The ratification shall be in written document form containing
verification of each limitation stated in FAR 1.602-3(c)(1)-(6), and
shall be processed in accordance with 301.602-3(e) Procedures.
(e) Procedures. (1) The individual who made the unauthorized
contractual commitment shall furnish the reviewing contracting officer
all records and documents concerning the commitment and a complete
written statement of facts, including, but not limited to: a statement
as to why the contracting office was not used, a statement as to why the
proposed contractor was selected, a list of other sources considered, a
description of work to be performed or products to be furnished, the
estimated or agreed contract price, a citation of the appropriation
available, and a statement of whether the contractor has commenced
performance.
(2) The contracting officer will review the submitted material, and
prepare the ratification document if he/she determines that the
commitment may be ratifiable. The contracting officer shall forward the
ratification document and the submitted material to the HCA or designee
with any comments or information which should be considered in
evaluation of the request for ratification. If legal review is
desirable, the HCA or designee will coordinate the request for
ratification with the Office of General Counsel, Business and
Administrative Law Division.
(3) If ratification is authorized by the HCA or designee, the file
will be returned, along with the ratification document, to the
contracting officer for issuance of a purchase order or contract, as
appropriate.
(4) HCA's or their designees will report the number and dollar value
of requests for ratifications received and ratifications authorized each
calendar quarter. Reports shall be submitted in an original and one
copy to the Deputy Assistant Secretary for Management and Acquisition to
arrive no later than 30 calendar days after the close of each calendar
quarter.
(53 FR 43206, Oct. 26, 1988)
48 CFR 301.603 Selection, appointment, and termination of appointment.
48 CFR 301.603-1 General.
(a) The appointment and termination of appointment of contracting
officers shall be made by the principal official responsible for
acquisition (PORA). This authority is not delegable. The head of the
contracting activity shall ensure that only the PORA is redelegated, and
exercises, this authority.
(b) Only GS-1105 and 1106 and GS/GM-1101 and 1102 personnel shall be
appointed as contracting officers (see 301.603-3(b)).
(c) The appointment of contracting officers shall be made at one of
the four levels specified under the HHS Acquisition Certification
Program (see 301.603-3(b)).
(d) An individual shall be appointed only in instances where a valid
organizational need for a contracting officer can be demonstrated or a
replacement position is to be filled. Factors to be considered in
assessing the need for a contracting officer appointment include volume
of actions, complexity of work, and structure of the organization.
48 CFR 301.603-2 Selection.
(a) When an organizational need for a contracting officer is
determined or a replacement is required, an official (usually the
prospective contracting officer's immediate supervisor) will nominate a
contracting officer candidate. The nomination shall be accompanied by
the candidate's current Standard Form (SF) 171, Personal Qualifications
Statement, that contains all relevant information, to include that
stated in FAR 1.603-2, a copy of the nominee's most recent performance
appraisal, and a copy of the certificate issued under the HHS
Acquisition Certification Program indicating the current level of
certification.
(b) The PORA shall review the submitted material to determine the
candidate's ability to perform the contracting functions required to
meet the organizational need. If the PORA requires additional
information to make the decision, it shall be provided expeditiously by
the nominating official.
48 CFR 301.603-3 Appointment.
(a) Contracting officer appointments shall become effective when the
PORA signs the Standard Form 1402, Certificate of Appointment. SF
1402's shall be prepared and maintained in accordance with FAR 1.603-3.
(b) Appointments shall be made at one of the four levels established
by the HHS Acquisition Certification Program. Therefore, the
contracting officer candidate must meet the minimum eligibility
requirements of certification for one of the four stated levels. The
level will be determined by the organizational need or position being
refilled (replacement). The four levels are as follows:
(1) Level I -- Purchasing Agent. Mandatory for all personnel who
have signature authority for small purchases (GS-1102, 1105, and 1106),
including orders from GSA sources.
(2) Level II -- Acquisition Official. Mandatory for those in the
GS-1102 series. Sufficient for delegation of contracting officer
authority to a maximum of $100,000.
(3) Level III -- Senior Acquisition Official. Mandatory for those in
the GS-1102 series for delegation of contracting officer authority above
$100,000.
(4) Level IV -- Acquisition Manager. Mandatory for preaward review
and approval authority as specified in HHSAR Subpart 304.71.
(c) Changes to contracting officer appointments, either increasing or
decreasing the warrant limitations, shall be made by the PORA. Changes
must be made from one of the four certification levels to another, or
within one of the certification levels, and must be implemented by the
PORA's issuance of a new SF 1402 to replace the existing SF 1402.
(d) Personnel shall not ordinarily be appointed as contracting
officers if they do not meet the qualifications prescribed for one of
the four certification levels. However, if it is essential to appoint a
contracting officer who does not fully meet the certification
qualifications, an interim appointment may be granted by the PORA. The
PORA shall require as a condition of the interim appointment that all
training or experience requirements be met within a six month time
period. Usually, interim appointments shall not exceed six months.
Failure to successfully complete the necessary training requirements or
gain the experience within this time frame will result in termination of
the appointment, unless the PORA determines that unusual circumstances
prevented the attainment of either. In this instance, one additional
six month interim appointment may be issued, but no more shall be
allowed. The PORA shall fully document all interim appointment actions.
(e) The original SF 1402 shall be provided to the contracting
officer, and a copy shall be retained by the PORA. Another copy of the
SF 1402 along with the SF 171 material shall be forwarded to the
servicing personnel office for inclusion in the individual's personnel
file folder. Files on individuals should not be established by the
PORA.
48 CFR 301.603-4 Termination.
Termination of contracting officer appointments shall be executed by
the PORA in accordance with FAR 1.603-4.
48 CFR 301.603-70 Delegation of contracting officer responsibilities.
(a) Non-GS/GM-1101 or 1102 or GS-1105 or 1106 personnel shall only be
delegated contracting officer responsibilities when determined necessary
by a warranted contracting officer (holder of a valid SF 1402), and in
accordance with this subsection. Personnel, such as a contracting
officer's representative or an ordering officer, shall be delegated only
the needed responsibilities by the warranted contracting officer in a
written memorandum of delegation which clearly states any limitations on
the delegation. Personnel who are not in the GS/GM-1101 or 1102 or
GS-1105 or 1106 job series shall not be issued a SF 1402, Certificate of
Appointment.
(b) Non-acquisition personnel who are delegated acquisition
responsibilities shall be required to have the training, experience, and
education requirements necessary for the responsibilities assigned. If,
for example, responsibility is to be delegated for making small
purchases, the training, education, and experience for Level I --
Purchasing Agent, or its equivalent as determined by the PORA, shall be
required.
48 CFR 301.670 Head of the contracting activity.
48 CFR 301.670-1 Responsibility.
The head of the contracting activity (HCA) is responsible for
conducting an effective and efficient acquisition program. Adequate
controls shall be established to assure compliance with applicable laws,
regulations, procedures, and the dictates of good management practices.
Periodic reviews shall be conducted by qualified personnel, preferably
assigned to positions other than in the contracting office being
reviewed, to determine the extent of adherence to prescribed policies
and regulations, and to detect a need for guidance and/or training.
48 CFR 301.670-2 Designation.
Each OPDIV head and PHS agency head has been designated as HCA along
with the following officials:
(a) Deputy Assistant Secretary for Management and Acquisition; and
(b) Each Regional Director.
(53 FR 15562, May 2, 1988, as amended at 54 FR 24342, June 7, 1989)
48 CFR 301.670-3 Redelegation.
(a) The heads of contracting activities may redelegate their HCA
authorities to the extent that redelegation is not prohibited by the
terms of their respective delegations of authority, by law, by the
Federal Acquisition Regulation, by the HHS Acquisition Regulation, or by
other regulations. However, HCA and other contracting approvals and
authorities shall not be redelegated below the levels specified in the
HHS Acquisition Regulation or, in the absence of coverage in the HHS
Acquisition Regulation, the Federal Acquisition Regulation. To ensure
proper control of redelegated acquisition authorities, HCA's shall
maintain a file containing successive delegations of HCA authority
through and including the contracting officer level.
(b) Personnel delegated responsibility for acquisition functions must
possess a level of experience, training, and ability commensurate with
the complexity and magnitude of the acquisition actions involved.
48 CFR 301.670-3 Subpart 301.7 -- Determinations and Findings
Source: 50 FR 23127, May 31, 1985 (interim rule) and 50 FR 38004,
Sept. 19, 1985 (final rule), unless otherwise noted.
48 CFR 301.703 Class determinations and findings.
(b) All class determinations and findings (D&F's) shall be limited to
a period of one year or less.
48 CFR 301.704 Content.
An example of a D&F format may be found in 316.301-3(c). All D&F's
shall be prepared using the referenced format and shall include the
information required by FAR 1.704(a)-(g).
48 CFR 301.704 PART 302 -- DEFINITIONS OF WORDS AND TERMS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 301.704 Subpart 302.1 -- Definitions
48 CFR 302.100 Definitions of terms.
Chief of the contracting office (CCO) is a mid-level management
official in charge of a contracting office who controls and oversees the
daily contracting operation of an Operating Division (OPDIV) or major
component of an OPDIV. The CCO is subordinate to the principal official
responsible for acquisition and is located at a management level above
other contracting personnel, usually as a branch chief.
Head of the agency or agency head means the head of the Operating
Division (OPDIV) for HCFA, OHDS, PHS, and SSA, or the Assistant
Secretary for Management and Budget (ASMB) for the Office of the
Secretary (OS).
Head of the contracting activity (HCA) -- see 301.670-2.
Principal official responsible for acquisition (PORA) is defined in
terms of certain organizational positions within the Office of
Management and Acquisition (OMAC-OS), Health Care Financing
Administration (HCFA), Office of Human Development Services (OHDS),
Office of the Assistant Secretary for Health (OASH), Alcohol, Drug
Abuse, and Mental Health Administration (ADAMHA), Centers for Disease
Control (CDC), Food and Drug Administration (FDA), Health Resources and
Services Administration (HRSA), Indian Health Service (IHS), National
Institutes of Health (NIH), Social Security Administration (SSA), and
the Regional Offices (RO's), as follows:
OMAC-OS -- Director, Division of Contract Operations
HCFA -- Director, Office of Acquisition and Grants, Office of Budget
and Administration
OHDS -- Director, Grants and Contracts Management Division, Office of
Management Services
OASH -- Director, Division of Acquisitions Management, Administrative
Services Center, Office of Management
ADAMHA -- Director, Division of Grants and Contracts Management,
Office of the Administrator
CDC -- Director, Procurement and Grants Office, Office of the Center
Director
FDA -- Director, Division of Contracts and Grants Management, Office
of the Associate Commissioner for Management and Operations
HRSA -- Director, Division of Grants and Procurement Management,
Office of Management
IHS -- Director, Division of Contracts and Grants Policy, Office of
Administration and Management
NIH -- Director, Division of Contracts and Grants, Office of
Administration
SSA -- Associate Commissioner, Office of Acquisition and Grants
RO's -- Director, Regional Administrative Support Center
The PORA is subordinate to the head of the contracting activity and
is the official in charge of the major contracting operation activity
within the OPDIV, agency, staff office, or regional office.
(49 FR 13964, Apr. 9, 1984, as amended at 51 FR 23231, June 26, 1986;
51 FR 44293, Dec. 9, 1986; 52 FR 27558, July 22, 1987; 53 FR 43207,
Oct. 26, 1988; 54 FR 24342, June 7, 1989; 55 FR 13536, Apr. 11, 1990;
56 FR 47002, Sept. 17, 1991)
48 CFR 302.100 PART 303 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
48 CFR 302.100 Subpart 303.1 -- Safeguards
Sec.
303.101 Standards of conduct.
303.101-3 Agency regulations.
303.104 Procurement integrity.
303.104-4 Definitions.
303.104-5 Disclosure of proprietary and source selection information.
303.104-6 Restrictions on Government officials, employees, and
consultants.
303.104-9 Certification requirements.
303.104-11 Processing violations or possible violations.
303.104-12 Ethics program training requirements.
48 CFR 302.100 Subpart 303.2 -- Contract Gratuities to Government
Personnel
303.203 Reporting suspected violations of the Gratuities clause.
48 CFR 302.100 Subpart 303.3 -- Report of Suspected Antitrust Violations
303.303 Reporting suspected antitrust violations.
48 CFR 302.100 Subpart 303.4 -- Contingent Fees
303.408 Evaluation of the SF 119.
303.408-1 Responsibilities.
303.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
48 CFR 302.100 Subpart 303.5 -- Other Improper Business Practices
303.502 Subcontractor kickbacks.
48 CFR 302.100 Subpart 303.6 -- Contracts With Government Employees or
Organizations Owned or Controlled by Them
303.602 Exceptions.
48 CFR 302.100 Subpart 303.7 -- Voiding and Rescinding Contracts
303.704 Policy.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 13964, Apr. 9, 1984, unless otherwise noted.
48 CFR 302.100 Subpart 303.1 -- Safeguards
Source: 54 FR 31528, July 31, 1989, unless otherwise noted.
303.101 Standards of conduct.
48 CFR 303.101-3 Agency regulations.
The Department of Health and Human Services' Standards of Conduct are
prescribed in Part 73 of Title 45.
48 CFR 303.104 Procurement integrity.
48 CFR 303.104-4 Definitions.
(h)(1) Procurement official means any individual who has participated
personally and substantially in the conduct of a procurement. The
following classes of employees may be considered procurement officials
depending on the circumstances prevailing in a given case: contracting
officers, contract specialists, contract administrators, procurement
agents, procurement clerks, cost/price analysts, procurement analysts,
clerical support and administrative personnel, auditors, professional
staff of the Division of Cost Allocation, acquisition review and
approval officials, contract clearance staff, board of award members,
supervisory procurement officials, small and disadvantaged business
utilization specialists, project officers, project managers, program
officials, officials who provide special program clearances and
approvals, program managers, technical evaluation panelists, peer
reviewers, source selection evaluation board members, source selection
advisory council members, source selection authorities, finance
officials, and procurement lawyers. Concept peer reviewers are not
considered to be procurement officials when participating in project
concept reviews pursuant to 42 CFR 52h.10(a). However, concept peer
reviewers, or other peer reviewers, who participate in a project
approach review are procurement officials. When there is a question
whether an individual is a procurement official, the activities of the
individual should be analyzed by the contracting officer to determine
whether there is both personal and substantial involvement in a
procurement. If there is doubt in a particular case, the doubt should
be resolved by including the individual as a procurement official. The
contracting officer has the authority to decide who is or who is not a
procurement official in a particular case. The opinion of the Office of
the General Counsel (OGC) should be requested when the contracting
officer believes the situation is particularly complex or sensitive.
When the contracting officer's decision is disputed by the individual
whose status as a procurement official is in question, the matter will
be referred to the Principal Official Responsible for Acquisition (PORA)
for a final determination.
(k)(1) Source selection information includes ''derivative documents''
which are documents containing references to or directly citing or
paraphrasing proprietary or source selection information.
48 CFR 303.104-5 Disclosure of proprietary and source selection
information.
(a) The contracting officer or any other individual who prepares,
makes or controls proprietary, source selection information, or
derivative documents shall --
(1) Ensure documents are marked as prescribed in FAR 3.104-4 (j) and
(k);
(2) Provide physical security for documents in the office environment
during and after duty hours; and
(3) Ensure security of interoffice mailing of documents by using
opaque envelopes, double wrapping with more than one envelope, and
sealing of envelopes, as necessary.
(b) Individuals responsible for preparing derivative documents are
responsible for marking such documents in accordance with FAR
3.104-5(b).
(c) Only the contracting officer has the authority to authorize
individuals, or classes of individuals, access to proprietary or source
selection information for each procurement except for paragraph (d) of
this section.
(d) The following classes of individuals are authorized blanket
access to only that source selection information developed before a
request for contract is sent to the contract office, or to later
modifications or supplements to such information --
(1) The generators of the requirements, including program,
scientific, and technical experts involved in the development of the
statements of work, specifications, evaluation plans, budget estimates,
or similar documents;
(2) Reviewing officials; and
(3) Supervisors in the management chain of the individuals listed in
paragraphs (d) (1) and (2) of this section. The contracting officer
shall include in the contract file names and functions of any other
individuals authorized access to proprietary or source selection
information.
48 CFR 303.104-6 Restrictions on Government officials, employees, and
consultants.
(b) Procurement officials leaving the Department will be required to
complete the certification set forth in Chapter 1-90 of the General
Administration Manual if that official leaves the Department during the
conduct of a procurement expected to result in a contract or
modification in excess of $100,000. The administrative officer will
forward a copy of the certification to each responsible contracting
officer for incorporation into the contract file.
48 CFR 303.104-9 Certification requirements.
(c) The contracting officer shall include the contracting officer
certification in the contract file for each contract action over
$100,000. Including the certificate in the contract file shall be
considered notification to the head of the agency.
(e)(2) The waiver shall be submitted to the Office of Acquisition and
Grants Management in the Office of Management and Acquisition, Office of
Management and Budget in the Office of the Secretary for review and
approval before submission to the head of the agency.
48 CFR 303.104-11 Processing violations or possible violations.
(a)(1) The contracting officer determination that a reported
violation or possible violation of the statutory prohibitions has no
impact on the impending award or selection of a source must be submitted
through channels, along with supporting documentation, to the PORA for
review and approval of the determination before award of a contract.
(2) The contracting officer's determination that a reported violation
or possible violation of the statutory prohibitions has an impact on the
pending award or selection of a source must be referred through
channels, along with all related information available, to the PORA (if
the PORA is an SES) or to another SES official designated by the OPDIV.
That individual will --
(i) Refer the matter immediately to the Office of Acquisition and
Grants Management in the Office of Management and Acquisition, Office of
Management and Budget, Office of the Secretary for review, which office
may consult with the Office of the General Counsel and the Office of the
Inspector General, as appropriate; and
(ii) Determine the action to be taken on the procurement in
accordance with FAR 3.104-11 (c) and (d).
(b) The individual in paragraph (a)(2) of this section acts as the
agency head designee with respect to actions taken under the FAR clause
at 52.203-10, Remedies for Illegal or Improper Activity.
48 CFR 303.104-12 Ethics program training requirements.
(a) The Office of Acquisition and Grants Management in the Office of
Management and Acquisition (OAGM), Office of Management and Budget in
the Office of the Secretary is responsible for developing a training
module which can be used by the Department's OPDIVs and Regional offices
to train procurement officials. Upon receipt of the module, each OPDIV
and Regional Office must train the procurement officials set forth in
303.104-4(h)(1) before they can act as procurement officials.
(b) After the training has been completed, each procurement official
must sign the ''Procurement Official's Certificate of Procurement
Integrity'' before he/she can act as a procurement official on any
procurement. The certificate shall be submitted to the servicing
personnel office, where the certificate will be filed on the left side
of the employee's Official Personnel Folder. A copy of the certificate
shall be provided to the contract office which shall maintain a list of
the procurement officials who have signed the certificates.
(c) Procurement officials who serve multiple contracting offices
(such as procurement lawyers) shall submit copies of their certificates
to OAGM with the originals being transmitted to their servicing
personnel office. OAGM shall maintain a list of such procurement
officials and inform cognizant contracting officers upon telephonic
request whether particular individuals are included on the list.
48 CFR 303.104-12 Subpart 303.2 -- Contractor Gratuities to Government Personnel
48 CFR 303.203 Reporting suspected violations of the Gratuities clause.
Departmental personnel shall report suspected violations of the
Gratuities clause in accordance with Subpart M, Reporting Violations, of
the Department's Standards of Conduct (45 CFR Part 73) and General
Administration Manual Chapter 5-10, rather than as specified in FAR
3.203. Refer to Subpart E, Gifts, Entertainment, and Favors, of 45 CFR
Part 73 for an explanation regarding what is prohibited and what is
permitted.
48 CFR 303.203 Subpart 303.3 -- Report of Suspected Antitrust Violations
48 CFR 303.303 Reporting suspected antitrust violations.
A copy of each report of suspected antitrust violations submitted to
the Attorney General shall also be submitted to the Director, Office of
Acquisition and Grants Management.
(49 FR 13964, Apr. 9, 1984, as amended at 54 FR 24342, June 7, 1989)
48 CFR 303.303 Subpart 303.4 -- Contingent Fees
48 CFR 303.408 Evaluation of the SF 119.
48 CFR 303.408-1 Responsibilities.
(b) The chief of the contracting office shall perform the review
required by FAR 3.408-1(b) and should consult with the Office of General
Counsel, Business and Administrative Law Division, when deemed
necessary.
48 CFR 303.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
(a) Reports shall be made promptly to the contracting officer.
(b)(1)-(3) (Reserved)
(4) Suspected fraudulent or criminal matters to be reported to the
Department of Justice shall be prepared in letter format and forwarded
through acquisition channels to the head of the contracting activity for
signature. The letter must contain all pertinent facts and background
information considered by the contracting officer and chief of the
contracting office that led to the decision that fraudulent or criminal
matters may be present. A copy of the signed letter shall be sent to
the Director, Office of Acquisition and Grants Management.
(49 FR 13964, Apr. 9, 1984, as amended at 54 FR 24342, June 7, 1989)
48 CFR 303.409 Subpart 303.5 -- Other Improper Business Practices
48 CFR 303.502 Subcontractor kickbacks.
(b) Any known or suspected violations of the Anti-Kickback Act (41
U.S.C. 51-54) shall be reported to the contracting officer who shall
investigate the matter, document the findings, and report the results to
the chief of the contracting office. If the results substantiate the
known or suspected violation, the chief of the contracting office shall
notify the Office of General Counsel, Business and Administrative Law
Division and report the matter, through acquisition channels, to the
head of the contracting activity. The head of the contracting activity
shall take appropriate action is consonance with the Act, and notify the
Director, Office of Acquisition and Grants Management of the case and
its disposition.
(49 FR 13964, Apr. 9, 1984, as amended at 54 FR 24342, June 7, 1989)
48 CFR 303.502 Subpart 303.6 -- Contracts With Government Employees or Organizations Owned or Controlled by Them
48 CFR 303.602 Exceptions.
Approval of an exception to the policy stated in FAR 3.601 shall be
made by the head of the OPDIV (Assistant Secretary for Management and
Budget in OS cases) or the Regional Director.
48 CFR 303.602 Subpart 303.7 -- Voiding and Rescinding Contracts
48 CFR 303.704 Policy.
For the purposes of implementing FAR Subpart 3.7, the authorities
granted to the ''agency head or designee'' shall be exercised by the
principal official responsible for acquisition.
(51 FR 44293, Dec. 9, 1986)
48 CFR 303.704 PART 304 -- ADMINISTRATIVE MATTERS
48 CFR 303.704 Subpart 304.1 -- Contract Execution
Sec.
304.101 Contracting officer's signature.
304.170 (Reserved)
48 CFR 303.704 Subpart 304.2 -- Contract Distribution
304.201 Procedures.
48 CFR 303.704 Subpart 304.6 -- Contract Reporting
304.602 Federal Procurement Data System.
48 CFR 303.704 Subpart 304.8 -- Contract Files
304.801 General.
304.804 Closeout of contract files.
304.804-1 Closeout by the office administering the contract.
304.870 Closing review.
48 CFR 303.704 Subpart 304.70 -- Acquisition Instrument Identification
Numbering System
304.7000 Scope of subpart.
304.7001 Numbering contracts.
304.7002 Numbering solicitation documents.
304.7003 Numbering purchase and delivery orders.
304.7004 Numbering basic agreements.
304.7005 Numbering basic ordering agreements.
48 CFR 303.704 Subpart 304.71 -- Review and Approval of Proposed
Contract Awards
304.7100 Scope of subpart.
304.7101 Contracts requiring review and approval.
304.7102 Conduct of the review.
304.7103 Approvals.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 13965, Apr. 9, 1984, unless otherwise noted.
48 CFR 303.704 Subpart 304.1 -- Contract Execution
48 CFR 304.101 Contracting officer's signature.
An original of each bilateral contract or modification shall be
executed by the contractor and contracting officer. An original of each
unilateral contract or modification shall be executed by the contracting
officer. The contracting officer need only sign the original when
carbon paper is used in sets of forms such as Standard Form 44 or
Optional Form 347 or 348. A legible carbon impression of the
contracting officer's signature shall carry the same force and effect as
a pen and ink signature for unilateral contracts.
304.170 (Reserved)
48 CFR 304.101 Subpart 304.2 -- Contract Distribution
48 CFR 304.201 Procedures.
The signed original of bilateral contracts and modifications shall be
placed in the contract file, and duplicate originals shall be furnished
the contractor, the appropriate accounting point, the project officer,
and other individuals or offices, as applicable. Purchase orders,
delivery orders, and other unilateral contracts and modifications shall
be distributed the same as bilateral contracts except the original shall
be furnished the contractor or seller. Copies of unilateral contracts
and modifications with carbon impressioned signatures may be used but
must be stamped ''DUPLICATE ORIGINAL'' (see 304.101).
(49 FR 36110, Sept. 14, 1984)
48 CFR 304.201 Subpart 304.6 -- Contract Reporting
48 CFR 304.602 Federal Procurement Data System.
The Department-wide Contract Information System (DCIS) represents the
Department's implementation of the FPDS. All departmental contracting
activities are required to participate in the DCIS and follow the
procedures stated in the Contract Information System Manual and
amendments to it. The principal official responsible for acquisition
shall ensure that all required contract information is collected,
submitted, and received into the DCIS on or before the 15th of each
month for all appropriate contract and contract modification awards of
the prior month.
(49 FR 13965, Apr. 9, 1984. Redesignated at 51 FR 44293, Dec. 9,
1986)
48 CFR 304.602 Subpart 304.8 -- Contract Files
48 CFR 304.801 General.
OPDIVs shall prescribe the contents of contract files and establish
filing procedures consistent with the nature of the contracting actions
and in accordance with FAR 4.801, 4.802, and 4.803. Contract files
should contain an index of the contents to facilitate review and should
be separated into logical categories (see FAR 4.803).
48 CFR 304.804 Closeout of contract files.
48 CFR 304.804-1 Closeout by the office administering the contract.
(3) Files for all cost-reimbursement type contracts should be closed
within 20 months of the month in which the contracting officer receives
evidence of physical completion (see FAR 4.804-4). The contracting
officer responsible for contract closeout may negotiate settlement of
indirect costs for a specific contract, in advance of the determination
of final indirect cost rates in accordance with FAR 42.708.
48 CFR 304.870 Closing review.
(a) Contracting officers shall assure the applicable items in FAR
4.804-5, other than a field audit, have been accomplished prior to
closing any physically completed contract. Cost-reimbursement type
contracts will be subject to the additional requirements set forth below
before they may be closed.
(b) Contracting officers shall use the instructions in the October 5,
1982 memorandum from the Deputy Assistant Secretary for Procurement,
Assistance and Logistics to closeout cost-reimbursement type contracts
physically completed prior to fiscal year 1977 and cost-reimbursement
type contracts completed subsequent to that date for which field audit
information is available.
(c) Contracting officers shall closeout all other cost-reimbursement
type contracts physically completed after September 30, 1977 in
accordance with the following procedures:
(1) Field audits will be conducted for contracts in excess of
$500,000 awarded to commercial organizations and non-profit
organizations other than colleges and universities, hospitals and State
and local units of government for which an agency other than HHS has
audit cognizance. Field audits will also be conducted each year on
approximately 25 of the same type contractors for which HHS has audit
cognizance. These contracts may be closed after receipt of the field
audit report.
(2) Contracts of any dollar value with non-proprietary colleges and
universities, hospitals and State and local units of government and
contracts not in excess of $500,000 with other
institutions/organizations shall be closed out on the basis of a desk
audit. The desk audit should include (i) a confirmation from the
project officer that labor, material, travel, and other types of direct
costs are commensurate with contract requirements, (ii) a review of
available audit reports to determine if any adjustments were made that
may be applicable to the contract under review, and (iii) discussions
with the cognizant government auditor when considered appropriate.
These contracts shall be closed with the condition that they are subject
to adjustment should an on-site audit be conducted at a later date and
should unallowable costs be identified as a result of that audit. The
release executed by the contractor shall contain the following:
The Contractor agrees, pursuant to the clause in this contract
entitled Allowable Cost (for cost-reimbursement contracts) or Allowable
Cost and Fixed Fee (for CPFF contracts), that the amount of any
sustained audit exceptions resulting from any audit made after final
payment will be refunded to the Government.
(3) The contracting officer may request a field audit of any contract
when, in his/her judgment, the risk attendant with the contract warrants
it. The contracting officer, however, shall exercise discretion in
requesting such audits on creditable evidence such as unsatisfactory
dealings with the contractor during the period of contract performance,
prior audit reports containing serious findings against the contractor,
the known experience of other government officials in dealing with the
contractor when the contracting officer is personally knowledgeable
about the circumstances, formal third party complaints or allegations
which bear upon the contractor's integrity or the propriety of costs
charged to the Government, and other comparable allegations or advice of
a derogatory nature about the contractor made by responsible individuals
which in the contracting officer's judgment should be investigated.
Except where a contracting officer suspects misrepresentation or fraud,
audits should not be requested if their cost of performance is likely to
exceed their potential cost recovery.
(4) When an audit is warranted prior to closing out a contract, the
contracting officer should request the audit directly from the
Department of Health and Human Services Office of the Inspector General,
Office of Audits (HHSOA). The request should cite the reasons the
contracting officer believes an audit is warranted. A copy of the
request should be forwarded to the Director, Office of Acquisition and
Grants Management (DOAGM). In the event the Office of the Inspector
General cannot honor the request in a reasonable period of time, it will
consult with DOAGM and the contracting officer. The final decision on
the need and scope of an audit will be made on the basis of the value of
the contract, the nature of the contracting officer's concerns, and the
availability of HHSOA or other existing resources in the Department to
perform a review to satisfy the contracting officer's concerns.
(5) Closeout procedures are to be followed in conjunction with the
regular procedures now followed in administering contracts. These
procedures are not meant or to be interpreted as imposing any
requirement or responsibility on contracting officers or necessitating
any reviews on the part of the contracting officials not currently
required by the FAR. With some rare exceptions, Standard Form 1034,
Public Voucher for Purchases and Services Other than Personal, will
contain sufficient information to allow a contracting officer to satisfy
requirements for desk audits. Accordingly, these closeout procedures
shall not cause contracting officers to engage in extraordinary
oversight or review and shall not be used by contracting officers as the
basis for requiring contractors to submit extraordinary documentation
such as payroll listing, labor billings, travel details, etc.
(49 FR 13965, Apr. 9, 1984, as amended at 54 FR 24342, June 7, 1989;
54 FR 43965, Oct. 30, 1989; 56 FR 47002, Sept. 17, 1991)
48 CFR 304.870 Subpart 304.70 -- Acquisition Instrument Identification Numbering System
48 CFR 304.7000 Scope of subpart.
This subpart prescribes policy and procedures for assigning
identifying numbers to contracts and related instruments, including
solicitation documents, purchase orders, and delivery orders.
48 CFR 304.7001 Numbering contracts.
(a) Contracts which require numbering. The following contracts shall
be numbered in accordance with the system prescribed in paragraph (b) of
this section:
(1) All contracts, including letter contracts and task orders under
basic ordering agreements, which involve the payment of $2,500 or more
for the acquisition of personal property or nonpersonal services.
(2) All contracts which involve the payment of $2,000 or more for
construction (including renovation or alteration).
(3) All contracts which involve more than one payment regardless of
amount.
(The number assigned to a letter contract shall be assigned to the
superseding definitized contract.)
(b) Numbering system. All contracts which require numbering shall be
assigned a number consisting of the following:
(1) The three digit code assigned to the contracting office by the
Office of Financial Operations, Office of Finance.
(2) A two digit fiscal year designation; and
(3) A four digit serial number. While it is required that a
different series of four digit serial numbers be used for each fiscal
year, serial numbers assigned need not be sequential.
(c) Illustration of contract numbers. The initial contract executed
by the Division of Contract Operations, Office of the Secretary, for
fiscal year 1983 should be numbered 100-83-0001, the second contract
100-83-0002. Alternatively, if it is desirable for internal
identification purposes to establish separate series of numbers for
sealed bid and negotiated contracts, this procedure is permissible. In
this instance, the initial sealed bid contract might be numbered
100-83-0001 and the initial negotiated contract numbered 100-83-0500.
(d) Assignment of identification codes. Each contracting office of
the Department shall be assigned a three digit identification code by
the Office of Financial Operations. Requests for the assignment of such
codes for newly established contracting offices shall be submitted by
the headquarters acquisition staff office of the contracting activity to
the Director, Office of Financial Operations. Conversely, in the event
that a contracting office is to be disestablished, the Director, Office
of Financial Operations shall be notified. A listing of the contracting
office identification codes currently in use is contained in the
Department-wide Contract Information System Manual (DCIS).
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 54 FR 24342, June 7, 1989)
48 CFR 304.7002 Numbering solicitation documents.
Requests for proposals and invitations for bids shall be numbered in
accordance with procedures prescribed by the headquarters staff office
of the contracting activity.
48 CFR 304.7003 Numbering purchase and delivery orders.
Contracting offices shall establish procedures for numbering purchase
orders as required for effective identification and control.
48 CFR 304.7004 Numbering basic agreements.
Basic agreements shall be numbered in accordance with procedures
prescribed by the headquarters staff office of the cognizant contracting
activity. However, individual contracts entered into pursuant to the
terms and conditions of a basic agreement shall be numbered in
accordance with 304.7001(b).
48 CFR 304.7005 Numbering basic ordering agreements.
Basic ordering agreements shall be numbered in accordance with
procedures prescribed by the headquarters staff office of the
contracting activity.
(49 FR 13965, Apr. 9, 1984, as amended at 53 FR 15563, May 2, 1988)
48 CFR 304.7005 Subpart 304.71 -- Review and Approval of Proposed Contract Awards
48 CFR 304.7100 Scope of subpart.
This subpart prescribes review and approval procedures for contract
actions to ensure that:
(a) Contract awards are in conformance with law, established policies
and procedures, and sound business practices;
(b) Contractual documents properly reflect the mutual understanding
of the parties; and
(c) The contracting officer is informed of deficiencies and items of
questionable acceptability and corrective action is taken.
48 CFR 304.7101 Contracts requiring review and approval.
(a) General. All contractual documents, regardless of dollar value,
are to be reviewed by the contracting officer prior to award, even if
the review and approval procedures prescribed in this section are
applicable. However, under no circumstances may the individual who
signs a contract instrument as contracting officer perform final review
and approval of that contract action if it, or any modification to it,
is expected to exceed the levels set forth in (b) (1) or (2) below.
(b) Required reviews and approvals. (1) Officials responsible for
the acquisition function in the Office of the Secretary, OPDIVs (except
the Public Health Service), and regional offices are to assure that
sealed bid or negotiated contracts, and/or modifications to them,
expected to exceed $300,000, are reviewed and approved prior to award.
In order to assure the propriety of smaller dollar acquisitions, a
statistically significant sample of contract actions not expected to
exceed $300,000 are to be reviewed and approved prior to award.
(2) Contract actions of the Public Health Service are to be reviewed
and approved prior to award in accordance with the dollar thresholds
stated in Subpart PHS 304.71. In order to assure the propriety of
smaller dollar acquisitions, a statistically significant sample of
contract actions not expected to exceed those dollar thresholds
referenced in Subpart PHS 304.71 are to be reviewed and approved prior
to award.
(c) Reviewing officials. Officials assigned responsibility for
review and approval of contract actions must possess qualifications in
the field of acquisition commensurate with the level of review
performed, and, as a minimum, possess those acquisition skills expected
of a contracting officer. The following officials are responsible for
preaward contract review and approval:
Office of the Secretary --
Director, Division of Contract and Grant Operations
Director, Division of Contract Operations, Office of Administrative
and Management Services
Office of Human Development Services -- Director, Grants and
Contracts Management Division
Social Security Administration -- Director, Office of Acquisition and
Grants (may be redelegated to the appropriate division direction within
the Office of Acquisition and Grants)
Health Care Financing Administration -- Director, Division of
Procurement Services.
Public Health Service -- The reviewing official is designated in
Subpart PHS 304.71, as approved by the Director, Office of Procurement
and Logistics Policy, OPAL.
However, if any of the officials are to serve as the contracting
officer and sign the contractual document, the review and approval
function shall be performed by an appropriate official at least one
level above.
(d) Regional offices. The Director, Regional Administrative Support
Center (RASC) is responsible for review and approval of contracts, or
modifications to them, expected to exceed $300,000 and executed by the
regional office's contracting staff. The RASC may obtain the advice of
the Regional Attorney in the review of proposed contract awards.
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23127, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 51 FR 44293, Dec. 9, 1986; 52 FR 27558,
July 22, 1987; 54 FR 24343, June 7, 1989)
48 CFR 304.7102 Conduct of the review.
(a) General. Reviewing officials may solicit the participation of
specialists in various technical and administrative disciplines to aid
in the review. The method of the review is not prescribed here in order
to permit discretionary judgment in determining the depth to which
significant areas are to be examined.
(b) Contract file. The reviewer is to: (1) Determine that the
contract file constitutes an independent record, documented to provide a
complete chronology of actions related to all aspects of the
acquisition, and that the documentation is consistent with the
requirements of FAR 4.803;
(2) Determine that each contract file contains documentation or other
data (i.e., technical and business management evaluation, cost advisory
and audit reports, negotiation memorandum, etc.) sufficient to explain
and support the rationales, judgments, and authorities upon which all
decisions and actions were predicated; and
(3) Ascertain:
(i) If the proposed acquisition action is to be awarded by other than
full and open competition, that the documentation and approvals
supporting the decision are present in the contract file;
(ii) That proper publicizing of the proposed acquisition was made
pursuant to FAR Part 5;
(iii) That approval was obtained for any deviation from prescribed
contract clauses;
(iv) That sufficient competition was obtained, the competitive range
was appropriately determined, and oral or written discussions were
conducted with all firms in the competitive range;
(v) That all the rules set forth in FAR Part 14 were complied with
when the proposed award is a result of an IFB; and
(vi) That appropriate determinations and findings which justify the
type of contract and advance payments are a part of the contract file.
(49 FR 13961, Apr. 9, 1984, as amended at 50 FR 23127, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 304.7103 Approvals.
(a) Awards are not to be made until approval is granted by the
reviewing official identified in 304.7101. All approvals are to be in
writing, except that when time is of the essence approval may be given
orally and subsequently confirmed in writing.
(b) The reviewing official shall not approve a proposed contract
award if a substantive issue (or issues) remains to be resolved.
However, in appropriate circumstances, the reviewing official may use
discretion and grant approval on a conditional basis and require the
contracting officer to submit follow-up written documentation that the
substantive issue has been resolved. This provides the reviewing
official the option to require the contracting officer to resolve the
substantive issue and submit documenting evidence before award approval
is given, or to grant conditional approval providing the substantive
issue is resolved before the contract is awarded and require the
contracting officer to submit documenting evidence either before or
after the award. The reviewing official also has the option to
determine the extent of documentation evidence to be submitted by the
contracting officer. This may range from complete resubmission of the
contract file to submission of a memorandum stating the contracting
officer's actions in resolving the substantive issue.
48 CFR 304.7103 SUBCHAPTER B -- ACQUISITION PLANNING
48 CFR 304.7103 PART 305 -- PUBLICIZING CONTRACT ACTIONS
48 CFR 304.7103 Subpart 305.1 -- Dissemination of Information
Sec.
305.102 (Reserved)
48 CFR 304.7103 Subpart 305.2 -- Synopsis of Proposed Contract Actions
305.202 Exceptions.
48 CFR 304.7103 Subpart 305.3 -- Synopses of Contract Awards
305.303 Announcement of contract awards.
48 CFR 304.7103 Subpart 305.5 -- Paid Advertisements
305.502 Authority.
305.503 Procedures.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 13969, Apr. 9, 1984, unless otherwise noted.
48 CFR 304.7103 Subpart 305.1 -- Dissemination of Information
305.102 (Reserved)
48 CFR 304.7103 Subpart 305.2 -- Synopsis of Proposed Contract Actions
48 CFR 305.202 Exceptions.
(b) When a contracting office believes that it has a situation where
advance notice is not appropriate or reasonable, it shall prepare a
memorandum citing all pertinent facts and details and send it, through
normal acquisition channels, to the Director, Office of Acquisition and
Grants Management (DOAGM) requesting relief from synopsizing. The DOAGM
shall review the request and decide whether an exception to synopsizing
is appropriate or reasonable. If it is, the DOAGM shall take the
necessary coordinating actions required by FAR 5.202(b). Whatever the
decision is on the request, the DOAGM shall promptly notify the
contracting office when a determination has been made.
(51 FR 44293, Dec. 9, 1986, as amended at 54 FR 24343, June 7, 1989)
48 CFR 305.202 Subpart 305.3 -- Synopses of Contract Awards
48 CFR 305.303 Announcement of contract awards.
(a) Public announcement. Any contract, contract modification, or
delivery order in the amount of $1 million or more shall be reported by
the contracting officer to the Office of the Deputy Assistant Secretary
for Legislation (Congressional Liaison), Room 406G, Hubert H. Humphrey
Building. Notification shall be accomplished by providing a copy of the
contract or award document face page to the referenced office prior to
the day of award, or in sufficient time to allow for an announcement to
be made by 5 p.m. Washington, DC time on the day of award.
(53 FR 43207, Oct. 26, 1988, as amended at 57 FR 11689, April 7,
1992)
48 CFR 305.303 Subpart 305.5 -- Paid Advertisements
48 CFR 305.502 Authority.
The contracting officer is authorized to publish advertisements,
notices, and contract proposals in newspapers and periodicals in
accordance with the requirements and conditions referenced in FAR
Subpart 5.5.
48 CFR 305.503 Procedures.
Requests for acquisition of advertising shall be accompanied by
written authority to advertise or publish which sets forth justification
and includes the names of newspapers or journals concerned, frequency
and dates of proposed advertisements, estimated cost, and other
pertinent information. Paid advertisements shall be limited to the
publication of essential details of grant announcements, invitations for
bids, and requests for proposals, including those for the sale of
personal property, and for the recruitment of employees.
48 CFR 305.503 PART 306 -- COMPETITION REQUIREMENTS
48 CFR 305.503 Subpart 306.2 -- Full and Open Competition After
Exclusion of Sources
Sec.
306.202 Establishing or maintaining alternative sources.
48 CFR 305.503 Subpart 306.3 -- Other Than Full and Open Competition
306.302 Circumstances permitting other than full and open
competition.
306.302-1 Only one responsible source and no other supplies or
services will satisfy agency requirements.
306.302-7 Public Interest.
306.303 Justifications.
306.303-1 Requirements.
306.303-2 Content.
306.304 Approval of the justification.
48 CFR 305.503 Subpart 306.4 -- Sealed Bidding and Competitive Proposals
306.401 Sealed bidding and competitive proposals.
48 CFR 305.503 Subpart 306.5 -- Competition Advocates
306.501 Requirement.
306.502 Duties and responsibilities.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 23127, May 31, 1985, unless otherwise noted.
48 CFR 305.503 Subpart 306.2 -- Full and Open Competition After Exclusion of Sources
48 CFR 306.202 Establishing or maintaining alternative sources.
(a) The reference to the agency head in FAR 6.202(a) shall mean the
appropriate competition advocate cited in 306.501.
(b)(1) The required determination and findings (D&F) shall be
prepared by the contracting officer based on the data provided by
program personnel, and shall be signed by the appropriate competition
advocate. The D&F signatory authority is not delegable.
(50 FR 23127, May 31, 1985, and 50 FR 38004, Sept. 19, 1985, as
amended at 51 FR 44293, Dec. 9, 1986)
48 CFR 306.202 Subpart 306.3 -- Other Than Full and Open Competition
48 CFR 306.302 Circumstances permitting other than full and open competition.
48 CFR 306.302-1 Only one responsible source and no other supplies or
services will satisfy agency requirements.
(a) Authority. (2)(ii) Follow-on contracts for the continuation of
major research and development studies on long-term social and health
programs, major research studies, or clinical trails may be deemed to be
available only from the original source when it is likely that award to
any other source would result in unacceptable delays in fulfilling the
Department's or OPDIV's requirements.
(b) Application. (4) When the OPDIV head has determined that a
specific item of technical equipment or parts must be obtained to meet
an activity's program responsibility to test and evaluate certain kinds
and types of products, and only one source is available. (This
criterion is limited to testing and evaluation purposes only and may not
be used for initial outfitting or repetitive acquisitions. Project
officers should support the use of this criterion with citations from
their agency's legislation and the technical rationale for the item of
equipment required.)
(c) Application for brand name descriptions. There is existing
equipment which, for reasons of compatibility and interchangeability,
requires an item which is manufactured only by one source. (This
criterion is for use in acquisitions where a particular brand name item
is required, and an ''or equal'' will not meet the Government's
requirements. This criterion may not be used when there are other
manufacturers available which may be able to produce acceptable items
even though their products might require some adjustments and
modifications. These other manufacturers must be given the opportunity
to compete.)
(50 FR 23127, May 31, 1985, and 50 FR 38004, Sept. 19, 1985, as
amended at 51 FR 44293, Dec. 9, 1986; 57 FR 11689, Apr. 7, 1992)
48 CFR 306.302-7 Public interest.
(a) Authority. (2) Agency head, in this instance, means the
Secretary.
(c) Limitations. When using the authority cited in FAR
6.302-7(a)(1), the Secretary's approval must be obtained. Therefore, an
''approval package'' must be prepared and staffed through departmental
acquisition channels to the Secretary. The package shall include:
(1) A determination and findings, prepared by the contracting
officer, for the Secretary to sign.
(2) A letter for the Secretary to sign notifying Congress of the
determination to award a contract under the authority of 41 U.S.C.
253(c)(7). This letter must be received by Congress at least 30 days
before contract award.
(3) A ''Justification for Other than Full and Open Competition''
(JOFOC).
(4) A briefing paper presenting background, need, etc.
(5) Any other pertinent papers or documents required by the
Department.
48 CFR 306.303 Justifications.
48 CFR 306.303-1 Requirements.
(b) Preliminary arrangements or agreements with the proposed
contractor made by someone other than the contracting officer shall have
no effect on the rationale used to support an acquisition for other than
full and open competition.
(f) The program office should discuss prospective other than full and
open competition requests with their supporting contracting office as
early as possible during the acquisition planning stage (see FAR Subpart
7.1 and Subpart 307.1), and before submitting the requisition or request
for contract. The discussions may resolve uncertainties, provide
program offices with names of other sources, allow proper scheduling of
the acquisition, and avoid delays which might otherwise occur should it
be determined that the request for other than full and open competition
is not justified.
(g) When a program office desires to obtain certain goods or services
by contract without full and open competition, it shall, at the time of
forwarding the requisition or request for contract, furnish the
contracting office a justification explaining why full and open
competition is not feasible. All justifications shall be initially
reviewed by the contracting officer.
(1) Justifications in excess of the small purchase limitation shall
be in the form of a separate, self-contained document, prepared in
accordance with FAR 6.303 and 306.303, and called a ''JOFOC''
(Justification for Other than Full and Open Competition).
Justifications of $25,000 or less may be in the form of a paragraph or
paragraphs contained in the requisition or request for contract.
(2) Justifications, whether over or under the small purchase
limitation, shall fully describe what is to be acquired, offer reasons
which go beyond inconvenience, and explain why it is not feasible to
obtain competition. The justifications shall be supported by verifiable
facts rather than mere opinions. Documentation in the justifications
should be sufficient to permit an individual with technical competence
in the area to follow the rationale.
(50 FR 23127, May 31, 1985, as amended at 57 FR 11689, Apr. 7, 1992)
48 CFR 306.303-2 Content.
(a)(1) The program office and name, address, and telephone number of
the project officer shall also be included.
(2) This item shall include project identification such as the
authorizing program legislation, to include citations or other internal
program identification data such as title, contract number, etc.
(3) A full description of the requirement and its dollar amount is to
be included. It may be in the form of a statement of work, purchase
description, or specification. A statement is to be included to explain
whether the acquisition is an entity in itself, whether it is one in a
series, or part of a related group of acquisitions.
(c) Each JOFOC shall conclude with at least the following signatory
lines (other concurrence lines may be added as deemed necessary by the
contracting activity):
Recommended, Project Officer
Date
Concur, Project Officer's Immediate Supervisor
Date
Concur, Contracting Officer
Date
Approved, Approving Official
Date
48 CFR 306.304 Approval of the justification.
(a)(1) For purchases in excess of 10 percent of the small purchase
limitation but not over the small purchase limitation, the contracting
officer is authorized to review and approve (or disapprove) the
justification (see 313.106(c)(2)). For acquisitions over the small
purchase limitation, but not exceeding $100,000, the JOFOC shall be
submitted to the contracting officer for review. The contracting
officer will either concur or nonconcur, and forward the JOFOC to the
principal official responsible for acquisition for approval. (When the
contracting officer and principal official responsible for acquisition
are the same individual, the approval will be made by the respective
official listed in 306.501.) The principal official responsible for
acquisition may redelegate approval for acquisitions between the small
purchase limitation and $50,000 to the chief of the contracting office,
provided that individual is at least one level above the contracting
officer who will sign the contract.
(2) The competition advocates are listed in 306.501.
(3) The following shall serve as the approving officials referenced
in FAR 6.304(a)(3):
HCFA -- Administrator for Health Care Financing
OHDS -- Assistant Secretary for Human Development Services
OS -- Assistant Secretary for Management and Budget
PHS -- Assistant Secretary for Health (may be delegated to the Deputy
Assistant Secretary for Health Operations)
SSA -- Commissioner of Social Security
RO's -- Regional Director
This authority is not delegable, except as indicated for PHS.
(4) The senior procurement executive of the Department is the
Assistant Secretary for Management and Budget.
(c) A class justification shall be processed the same as an
individual justification.
(d) The contracting officer who receives a JOFOC for processing
shall, after ascertaining that the document is complete, request advice
from pricing, audit, legal, and other appropriate staff offices, and
forward the JOFOC with his or her concurrence or nonconcurrence, to the
appropriate approving official. When the contracting officer does not
concur with the JOFOC, a written explanation setting forth the reasons
must be provided the approving official. If the JOFOC is disapproved by
the approving official, the contracting officer shall promptly notify
the concerned program office.
(e) It is the responsibility of the approving official to determine
whether a contract may properly be awarded without full and open
competition. The program office and project officer are responsible for
furnishing the contracting officer and approving official with pertinent
supporting information necessary to make such determinations. Other
staff offices shall advise the contracting officer and approving
official as requested.
(f) As each justification is reviewed, the approving official should
ask: why the acquisition cannot be competed, are there sufficient
grounds for excluding all other actual or potential sources, what
actions can be taken to obtain full and open competition in the instant
acquisition, and what actions are needed to avoid the need for a
subsequent or continuing acquisition that is for other than full and
open competition?
(50 FR 23127, May 31, 1985, as amended at 56 FR 47002, Sept. 17,
1991)
48 CFR 306.304 Subpart 306.4 -- Sealed Bidding and Competitive Proposals
48 CFR 306.401 Sealed bidding and competitive proposals.
The requirement in FAR 6.401 to document the reasons sealed bidding
is not appropriate may be accomplished by adding a sentence to the
negotiation memorandum (see 315.672) specifying which criterion (or
criteria) listed in FAR 6.401(a) is (are) not applicable to the
acquisition.
48 CFR 306.401 Subpart 306.5 -- Competition Advocates
48 CFR 306.501 Requirement.
The Department's competition advocate is the Deputy Assistant
Secretary for Management and Acquisition. The competition advocates for
the Department's primary contracting offices are as follows:
HCFA -- Associate Administrator for Management and Support Services
OHDS -- Director, Office of Management Services
OS -- Director, Office of Acquisition and Grants Management
OASH -- Director, Administrative Services Center
ADAMHA -- Associate Administrator for Management
AHCPR -- Executive Officer, Agency for Health Care Policy and
Research
CDC -- Director, Office of Program Support
FDA -- Associate Commissioner for Management and Operations
HRSA -- Associate Administrator for Operations and Management
IHS -- Associate Director, Office of Administration and Management
NIH -- (R&D) -- Associate Director for Extramural Affairs (Other than
R&D) -- Associate Director for Intramural Affairs
SSA -- Deputy Commissioner for Management.
RO's -- Director, Regional Administrative Support Center
(50 FR 23127, May 31, 1985, and 50 FR 38004, Sept. 19, 1985, as
amended at 52 FR 27558, July 22, 1987; 53 FR 15563, May 2, 1988; 53 FR
43207, Oct. 26, 1988; 54 FR 24343, June 7, 1989; 55 FR 42197, Oct. 18,
1990)
48 CFR 306.502 Duties and responsibilities.
(b) The competition advocates listed in 306.501 shall assist the
Department's competition advocate, when requested, by providing data and
reports to aid in the accomplishment of the duties required of the
Department's competition advocate as stated in FAR 6.502(a).
(50 FR 23127, May 31, 1985, as amended at 50 FR 38004, Sept. 19,
1985)
48 CFR 306.502 PART 307 -- ACQUISITION PLANNING
48 CFR 306.502 Subpart 307.1 -- Acquisition Plans
Sec.
307.104 General procedures.
307.104-1 Requirement for acquisition planning.
307.104-2 Responsibilities for acquisition planning.
307.104-3 Preparation of acquisition plan.
307.105 Contents of written acquisition plans.
307.105-1 Format and content.
307.105-2 Special program clearances or approvals.
307.105-3 Specification, purchase description, and statement of work.
307.170 Program training requirements.
307.170-1 Policy exceptions.
307.170-2 Training course prerequisites.
48 CFR 306.502 Subpart 307.3 -- Contractor Versus Government Performance
307.302 General.
307.303 Determining availability of private commercial sources.
307.304 Procedures.
307.307 Appeals.
48 CFR 306.502 Subpart 307.70 -- Considerations in Selecting an Award
Instrument
307.7000 Scope of subpart.
307.7001 Applicability.
307.7002 Purpose.
307.7003 Distinction between acquisition and assistance.
307.7004 Procedures.
48 CFR 306.502 Subpart 307.71 -- Phase II Advance Acquisition Planning
(Scheduling)
307.7101 Background.
307.7102 Accountability and responsibility.
307.7103 Purpose.
307.7104 Contracting activity actions.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 13969, Apr. 9, 1984, unless otherwise noted.
48 CFR 306.502 Subpart 307.1 -- Acquisition Plans
48 CFR 307.104 General procedures.
(a) The acquisition planning document is an administrative tool
designed to enable the contracting officer and project officer to plan
effectively for the accomplishment of an acquisition during a specified
time frame. The acquisition planning document serves as an outline of
the method by which the contracting officer expects to accomplish the
acquisition task.
(c) If the plan proposes using other than full and open competition,
the plan shall also be coordinated with the Chief of the contracting
office, acting for the competition advocate.
(49 FR 13969, Apr. 9, 1984, as amended at 50 FR 23129, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 51 FR 44293, Dec. 9, 1986)
48 CFR 307.104-1 Requirement for acquisition planning.
(a) The acquisition planning document is required for all new
negotiated acquisitions which are expected to exceed $100,000, except
the following:
(1) Acquisition of architect-engineer services;
(2) Acquisitions of utility services where the services are available
from only one source; and
(3) Acquisitions made from or through other Government agencies.
(b) An acquisition planning document is also required for all
two-step sealed bid acquisitions expected to exceed $100,000.
(c) The principal official responsible for acquisition shall
prescribe acquisition planning procedures for:
(1) Negotiated acquisitions which are not expected to exceed
$100,000;
(2) Two-step sealed bid acquisitions which are not expected to exceed
$100,000; and
(3) All other sealed bid acquisitions regardless of dollar amount.
(d) An acquisition planning document is not required for a contract
modification which either exercises an option or adds funds to an
incrementally funded contract, provided there is an approved acquisition
planning document in accordance with 307.105 and there is no significant
deviation from that plan.
(49 FR 13969, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 307.104-2 Responsibilities for acquisition planning.
(a) Planning by program and staff activities. Whenever execution of
a program or project requires the acquisition of property or services by
contract, the program or project plan shall delineate all elements to be
acquired by contract. The program or project plans must include a plan
and time-frame for completion action.
(b) Planning for acquisition actions. Action should commence as
early as possible to effect an orderly and balanced acquisition workload
throughout a fiscal year. Project officers who expect to initiate
acquisitions are required to discuss their requirements with the
contracting officials who will be responsible for these acquisitions to
compare current staff capabilities with anticipated requirements to
achieve an even distribution of fiscal year workload consistent with
program needs. These discussions should result in understandings on:
(1) The details of the acquisition plan;
(2) Schedule for the completion of the acquisition plan;
(3) Preliminary discussions on the work statement/specifications and
appropriate evaluation criteria; and
(4) Preliminary discussions on the content and timing of the request
for contract (RFC).
(c) Planning by contracting activities. Contracting activities are
required to coordinate with program and staff offices to ensure:
(1) Timely and comprehensive planning for acquisitions;
(2) Timely initiation of requests for contracts; and
(3) Instruction of program and staff offices in proper acquisition
practices and methods.
48 CFR 307.104-3 Preparation of acquisition plan.
(a) The acquisition planning document serves as an advance agreement
between program and contracting personnel by outlining the methods of
how and when the acquisition is to be accomplished. It serves to
resolve problems early in the acquisition cycle thereby precluding
delays in contract placement. It is developed prior to the preparation
and submission of the formal request for contract to the contracting
activity. (For detailed information concerning the request for
contract, see Subpart 315.70.)
(b) The acquisition planning document shall be prepared jointly by
the project officer and the contract negotiator or in accordance with
procedures prescribed by the principal official responsible for
acquisition.
307.105 Contents of written acquisition plans.
48 CFR 307.105-1 Format and content.
The Department does not prescribe a standard format for the
acquisition planning document, but recommends the use of a format
similar to what is provided in this section. The subject areas
addressed in paragraphs (a) through (e) must be included in every
acquisition planning document. An OPDIV, agency, or regional office
contracting activity may prescribe a standard format for the acquisition
planning document and may include additional subject areas that are
pertinent to that activity's needs.
(a) Identification information. The contracting activity shall
prescribe the information necessary for readily identifying a planned
acquisition. The information may include items such as acquisition
planning document number, request for contract number, public law,
program or project officer, etc.
(b) Programmatic considerations. (1) Description of the
project/supplies/services. Include a brief description of the proposed
project/supplies/services. Discuss all anticipated future requirements
related to the acquisition. Discuss any past, present or future
interrelated projects.
(2) Project funding. Include the summary of funds expected to be
obligated for the entire project by fiscal years and phases. Include
expenditures for previous years. Discuss the probability of obtaining
future years funding and/or what specific managerial action can be taken
to insure future funding (if applicable).
(3) Background and acquisition history. Provide a brief factual
summary of the technical and contractual history of the
supplies/services being acquired.
(4) Related projects, efforts undertaken to avoid duplication of
effort. Discuss efforts made to determine if existing projects,
supplies or materials will satisfy the requirement. Include any related
in-house efforts, searches, and clearinghouse reviews made to avoid
duplication of effort.
(5) Need for project/supplies/services. Discuss rationale for
deciding on the need for the project/supplies/services.
(6) Special program clearances or approvals. Review 307.105-2 to
determine which special program clearances or approvals are required.
Specify clearances or approvals applicable to this acquisition.
(7) Phasing. Briefly describe discrete tasks or stages of
accomplishment which could be susceptible to phasing. Describe criteria
for evaluation of performance of each phase before proceeding to the
next. (See 307.105-3(c)(3) for a discussion on phasing.)
(8) Government furnished material/facilities. Indicate material and
facilities that will be furnished to the contractor and any associated
problems which may be encountered. Discuss possible inequities which
may arise in furnishing the materials or facilities. Discuss screening
efforts for availability through GSA excess property schedules.
(9) Discussion of project risk. Provide a discussion of major areas
of project risk including technical, cost, and schedule risk. Describe
what efforts are planned to reduce risk. If an acquisition, which is
planned to be awarded using other than full and open competition
represents a significant portion of a proposed contractor's business,
discuss the impact on technical capability, realism of schedule, changes
in contractor workload and related cost impact.
(10) Reporting/delivery requirements. Describe the basis for
establishing the delivery/reporting requirements and include the
anticipated deliverables and time(s) for delivery.
(11) Replication, dissemination, or use of the results. Discuss
anticipated replication, dissemination, or use of the results. Describe
user audience and their expected use. Include a description of the
delivery system.
(12) Data, data rights, patents, copyrights. Discuss data to be
developed. Specify data to be delivered and data to remain in the
contractor's possession. Discuss how the data is to be used,
maintained, disclosed and disposed of by the contractor. Discuss data
subject to the Privacy Act or Confidentiality of Information clause.
Discuss data to be delivered with limited rights, data where title would
not vest in the Government, and anticipated copyrights or patents.
Discuss whether or not the data will permit any follow-on acquisitions
to be competitive.
(13) Post-award administration and monitoring. Detail milestones
that require periodic evaluation of the contractor's progress. Discuss
any formal management systems to be used to monitor the contractor.
Discuss plans for post-award conference and site visits. Delineate the
timing of the periodic status reports.
(14) Technical evaluation plans. Discuss the plans for technical
evaluation of the proposal. Discuss whether non-Federal technical
evaluators will review the proposals. Discuss potential conflict of
interest situations.
(c) Acquisition approach. (1) Proposed sources. Include sources or
categories of sources (if apparent). Address the pertinent areas stated
in FAR 7.105(b)(2).
(2) Contract type. Provide the rationale for recommendation of
contract type.
(3) Socioeconomic programs. Discuss preliminary liaison with the
Small and Disadvantaged Business Utilization Specialist for review to
determine requirements susceptible for the various socioeconomic
acquisition programs; i.e., small business, disadvantaged business, or
labor surplus area set-asides.
(4) Other considerations, as applicable. Discuss special contract
clauses and proposed HHSAR deviations, if required. Discuss
circumstances such as the effect of a protest on a previous acquisition
to this acquisition, special public law or regulatory requirements which
place restrictions on this acquisition, and use of a special type of
synopsis. Address planned preproposal conference, preaward survey and
preaward site visits.
(d) Planning for the acquisition cycle. (1) Scheduling
considerations. The project officer and the contract negotiator shall
establish realistic planned dates which meet the program needs for award
to assure timely delivery or completion of the project. The following
factors should be considered in planning realistic dates:
(i) Individual project officer and contract negotiator workloads;
(ii) Planned, extended absences from the office; and
(iii) Schedules are in consonance with established office goals for
overall orderly and balanced workloads.
(2) Acquisition planning schedule. The following acquisition
planning schedule should be included in all plans to the extent the
items are significant or appropriate to the acquisition. Additional
items may be added as appropriate.
Advance or sources sought synopsis released
Advance or sources sought synopsis closed
Synopsis evaluation received
Request for contract received
Special program approvals received
Synopsis publicizing proposed acquisition released
Request for proposal released
Preproposal conference conducted
Proposals received
Technical evaluation received
Cost advisory or audit report received
Equal opportunity clearance obtained
Prenegotiation conference conducted
Negotiation completed
Contract document prepared
Contract approval completed
Contract released
Award
(e) Approvals. All acquisition planning documents shall be signed by
the project officer and the contract negotiator. Acquisition planning
documents for acquisitions estimated to be between $100,000 and
$1,000,000 shall be approved by the contracting officer. Acquisition
planning documents for acquisitions estimated to be in excess of $1
million shall be approved by the principal official responsible for
acquisition or his/her designee. The designated official shall be in a
position no lower than the level above the contracting officer. One
copy of all acquisition planning documents shall be filed with the
principal official responsible for acquisition or the designated
official for planning purposes. The original acquisition planning
document shall be retained in the contract file.
(49 FR 13969, Apr. 9, 1984, as amended at 50 FR 23129, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 307.105-2 Special program clearances or approvals.
The following special program clearances or approvals should be
reviewed for applicability to each planned acquisition. The ones which
are applicable should be addressed in the acquisition planning document
and immediate programmatic action should be initiated to obtain the
necessary clearances or approvals.
(a) Clearances or approvals required to be completed and submitted
with the request for contract (RFC). -- (1) Automatic data processing.
All proposed acquisitions of automatic data processing hardware,
software packages, and services, as well as telecommunications
equipment, which exceed the dollar thresholds stated in Chapter 4-10 of
the HHS Information Resources Management (IRM) Manual, must be reviewed
and approved by the Office of Information Resources Management (OIRM),
OASMB-0S. (See HHS Information Resources Management (IRM) Manual,
Chapter 4-10; Title 41 CFR Chapter 201; and Subpart 339.70.)
(2) ADP systems security. All ADP systems regardless of dollar
amount are required to have a Certification of ADP Systems Security
Adequacy signed by the ADP system manager and the cognizant ADP systems
security officer. (See HHS IRM Manual, Part 6 -- ADP Systems Security;
OMB Circular No. A-71, Transmittal Memorandum No. 1; and Subpart
339.70.)
(3) Advisory and assistance services. OPDIV and STAFFDIV heads and
regional directors are responsible for review and approval of all
proposed advisory and assistance services contracts and purchase orders.
(See General Administration Manual Chapter 8-15.)
(4) Evaluation contracts. The Assistant Secretary for Planning and
Evaluation (ASPE) must approve all evaluation projects for proposed
solicitations, except those which have been included in research,
demonstration, or evaluation plans previously approved by the ASPE.
(5) Commercial activities. (OMB Circular No. A-76) A request for
contract (RFC) must contain a statement as to whether the proposed
solicitation is or is not to be used as part of an OMB Circular No.
A-76 cost comparison. (See General Administrative Manual (GAM) Chapter
18-10; FAR Subpart 7.3, Subpart 307.3; OMB Circular No. A-76.)
(6) Paid advertising. Paid advertisements, notices or contract
proposals to be published in newspapers and periodicals may be
authorized by the contracting officer. (See FAR Subpart 5.5, Subpart
305.5; Title 7, Chapter 5-25.2, and the General Accounting Office
Policy and Procedures Manual for Guidance of Federal Agencies.)
(7) Printing. The acquisition of printing by contract is prohibited
unless it is authorized by the Joint Committee on Printing of the U.S.
Congress. Procedures to be followed are contained in the ''Government
Printing and Binding Regulations'' and the HHS Printing Management
Manual and FAR Subpart 8.8.
(8) Fraud, abuse and waste. All proposed acquisitions that concern
the subjects of fraud, abuse and waste must be reviewed and approved by
the Inspector General or Deputy Inspector General, and written approval
from either must be included in the request for contract.
(9) Paperwork Reduction Act. Under the Paperwork Reduction Act of
1980 (Pub. L. 96-511), a Federal agency shall not collect information or
sponsor the collection of information from ten or more persons (other
than Federal employees acting within the scope of their employment)
unless, in advance, the agency has submitted Standard Form 83, Request
for OMB Review, to the Director of the Office of Management and Budget,
and the Director has approved the proposed collection of information.
Procedures for the approval may be obtained by contacting the OPDIV
reports clearance officer. (See Title 5 CFR Part 1320 and General
Administration Manual Chapter 10-20.)
(10) Contracts with federal employees. Contracts between the
Government and Government employees or between the Government and
organizations which are substantially owned or controlled by Government
employees may not knowingly be entered into, except for the most
compelling reasons (see FAR Subpart 3.6). Authority to enter into a
contract with a Government employee or an organization substantially
owned or controlled by a Government employee must be approved prior to
award of the contract by either the Assistant Secretary for Management
and Budget, the head of the OPDIV, or the regional director, or their
designees. (See 45 CFR Part 73 and HHS Standards of Conduct.)
(11) Publications. All projects which will result in contracts and
which include publications require review and approval by the Office of
the Assistant Secretary for Public Affairs (OASPA). Form HHS-615,
Publication Planning and Clearance Request, should be forwarded to OASPA
through the OPDIV public affairs officer. Publications are defined in
the chapter on publications in the Public Affairs Management Manual.
(12) Public affairs services. Projects for the acquisition of public
affairs services in excess of $5,000 shall be submitted to the Office of
the Assistant Secretary for Public Affairs (OASPA) for review and
approval on Form HHS-524, Request for Public Affairs Service Contract.
(13) Audiovisual (videotape and motion picture production). Any
proposed acquisition of an audiovisual production requires the
submission of a Standard Form 282, Mandatory Title Check, to the
National Audiovisual Center (NAC). When the results of this title check
have been reviewed by the project office and if a determination is made
that existing materials are not adequate to fulfill the requirement, a
statement to that effect shall be prepared by the project office. For
acquisitions in excess of $5,000, a copy of that statement, together
with a Standard Form 202, Federal Audiovisual Production Report, and
Form HHS-524A, Request for Audiovisual Material, shall be submitted
through the OPDIV public affairs officer to the Office of the Assistant
Secretary for Public Affairs (OASPA) for review and approval. Following
approval by OASPA, the SF 202 and the statement explaining why existing
materials are insufficient will be forwarded to NAC by OASPA. An
approved copy of the Form HHS-524A will be returned to the OPDIV for
transmission to the contract negotiator. All audiovisuals are required
to be acquired under the Government-wide Contracting System for Motion
Picture and Videotape Productions, unless they are included in the
exceptions to the mandatory use of the uniform system. (See the
Executive Agent for Government-Wide Contracting System for Audiovisual
Productions' March 21, 1980, memorandum on Implementation of OFPP Policy
Letter No. 79-4, November 28, 1979, Contracting for Motion Picture and
Videotape Productions; HHS General Administration Manual Chapter
1-121.)
(14) Privacy Act (Pub. L. 93-579.) Whenever the Department contracts
for the design, development, operation, or maintenance of a system of
records on individuals on behalf of the Department in order to
accomplish a departmental function, the Privacy Act is applicable. The
program official, after consultation with the activity's Privacy Act
Coordinator and the Office of General Counsel as necessary shall include
a statement in the request for contract as to the applicability of the
Act. Whenever an acquisition is subject to the Act, the program
official prepares a ''system notice'' and has it published in the
Federal Register. (See HHS Privacy Act regulation, 45 CFR 5b; FAR
Subpart 24.1 and Subpart 324.1.)
(b) Clearances or approvals required to be completed prior to
contract award. All foreign research contract projects to be conducted
in a foreign country and financed by HHS funds (U.S. dollars) must have
clearance by the Department of State with respect to consistency with
foreign policy objectives. This clearance should be obtained prior to
negotiation. Procedures for obtaining this clearance are set forth in
the HHS General Administration Manual, Chapter 20-60.
(49 FR 13969, Apr. 9, 1984, as amended at 49 FR 36110, Sept. 14,
1984; 50 FR 23129, May 31, 1985; 50 FR 38004, Sept. 19, 1985; 53 FR
15563, May 2, 1988; 53 FR 43207, Oct. 26, 1988; 53 FR 44551, Nov. 3,
1988)
48 CFR 307.105-3 Specification, purchase description and statement of
work.
One of the most important parts of a contract is the description of
the work to be done. The description of that work may be in the form of
a specification, purchase description or statement of work. A brief
reference to specifications and purchase descriptions is provided,
although the nature of the work performed in this Department usually
results in the development of work statements. The development of the
acquisition planning document should result in sufficient information to
readily develop the description of work, usually in the form of a
statement of work.
(a) Specification. Specification is defined in FAR 10.001. Use of
the specification is primarily limited to supply or service contracts
where the material end item or service to be delivered is well defined
by the Government.
(b) Purchase description. FAR 10.001 also contains the definition of
purchase description.
(c) Statement of work. -- (1) General. A statement of work differs
from a specification and purchase description primarily in that it
describes work or services to be performed in reaching an end result
rather than a detailed, well defined description or specification of the
end product. The statement of work may enumerate or describe the
methods (statistical, clinical, laboratory, etc.) that will be used.
However, it is preferable for the offeror to propose the method of
performing the work. The statement of work should specify the desired
results, functions, or end items without telling the offeror what has to
be done to accomplish those results unless the method of performance is
critical or required for the successful performance of the contract.
The statement of work should be clear and concise and must completely
define the responsibilities of the Government and the contractor. The
statement of work should be worded so as to make more than one
interpretation virtually impossible because it has to be read and
interpreted by persons of varied backgrounds, such as attorneys,
contracting personnel, cost estimators, accountants, scientists,
sociologists, educators, functional specialists, etc. If the statement
of work does not state exactly what is wanted, or does not state it
precisely, it will generate many contract management problems for both
the project officer and the contracting officer. Ambiguous statements
of work can create unsatisfactory performance, delays, and disputes, and
can result in higher costs.
(2) Term (level of effort) vs. completion work statement. Careful
distinctions must be drawn between term (level of effort) statements of
work, which essentially require the furnishing of technical effort and a
report thereof, and completion type work statements, which often require
development of tangible end items designed to meet specific performance
characteristics.
(i) Term or level of effort. A term or level of effort type
statement of work is appropriate to research where one seeks to discover
the feasibility of later development, or to gather general information.
A term or level of effort type statement of work may only specify that
some number of labor-hours be expended on a particular course of
research, or that a certain number of tests be run, without reference to
any intended conclusion.
(ii) Completion. A completion type statement of work is appropriate
to development work where the feasibility of producing an end item is
already known. A completion type statement of work may describe what is
to be achieved through the contracted effort, such as the development of
new methods, new end items, or other tangible results.
(3) Phasing. Individual research, development, or demonstration
projects frequently lie well beyond the present state of the art and
entail procedures and techniques of great complexity and difficulty.
Under these circumstances, a contractor, no matter how carefully
selected, may be unable to deliver the desired result. Moreover, the
job of evaluating the contractor's progress is often difficult. Such a
contract is frequently phased and often divided into stages of
accomplishment, each of which must be completed and approved before the
contractor may proceed to the next. Phasing makes it necessary to
develop methods and controls, including reporting requirements for each
phase of the contract and criteria for evaluation of the reports
submitted, that will provide, at the earliest possible time, appropriate
data for making decisions relative to all phases. A phased contract may
include stages of accomplishment such as research, development, and
demonstration. Within each phase, there may be a number of tasks which
should be included in the statement of work. When phases of work can be
identified, the statement of work will provide for phasing and the
request for proposals will require the submission of proposed costs by
phases. The resultant contract will reflect costs by phases, require
the contractor to identify incurred costs by phases, establish delivery
schedules by phases, and require the written acceptance of each phase.
The provisions of the Limitation of Cost clause shall apply to the
estimated cost of each phase. Contractors shall not be allowed to incur
costs for phases which are dependent upon successful completion of
earlier phases until written acceptance of the prior work is obtained
from the contracting officer.
(4) Elements of the statement of work. The elements of the statement
of work will vary with the objective, complexity, size, and nature of
the acquisition. In general, it should cover the following matters as
appropriate.
(i) A general description of the required objectives and desired
results. Initially, a broad, nontechnical statement of the nature of
the work to be performed. This should summarize the actions to be
performed by the contractor and the results that the Government expects.
(ii) Background information helpful to a clear understanding of the
requirements and how they evolved. Include a brief historical summary
as appropriate. Include pertinent legislative history, related
contracts or grants, and the relationship to overall program objectives.
(iii) A detailed description of the technical requirements. A
comprehensive description of the work to be performed to provide
whatever details are necessary for prospective offerors to submit
meaningful proposals.
(iv) Subordinate tasks or types of work. A listing of the various
tasks or types of work (it may be desirable in some cases to indicate
that this is not all-inclusive). The degree of task breakout is
directly dependent on the size and complexity of the work to be
performed and the logical groupings. A single cohesive task should not
be broken out merely to conform to a format. Indicate whether the tasks
are sequential or concurrent for offeror planning purposes.
(v) Phasing. When phasing is applicable, describe in detail the work
or effort required in each phase and the criteria for determining
whether the next phase will take place. If one or more phases contain
subordinate tasks or types of work, the preceding information in
paragraph (c)(4) (iv) may be incorporated into the part.
(vi) Reference material. All reference material to be used in the
conduct of the project, such as technical publications, reports,
specifications, architect or engineering drawings, etc., that tell how
the work is to be carried out must be identified. Applicability should
be explained, and a statement made as to where the material can be
obtained.
(vii) Level of effort. When a level of effort is required, the
number and type of personnel required should be stated. If known, the
type and degree of expertise should be specified.
(viii) Special requirements (as applicable). An unusual or special
contractual requirement, which would impact on contract performance,
should be included as a separate section. Such items could include
required place(s) of performance or unusual travel requirements.
Clearance requirements, such as forms clearance, should be addressed.
(ix) Deliverables reporting requirements. All deliverables and/or
reports must be clearly and completely described. For example, in a
Final Study Report it is important to indicate what areas the report
should cover and the criteria for use in accepting the final report to
determine if the contract objectives have been satisfied. It is
important to require the preparation and submission of progress reports
(administrative, technical and financial) to reflect contractor
certification of satisfactory progress. If possible, the reports should
be coordinated in such a manner as to provide a correlation between
costs incurred and the state of completion. All delivery and reporting
requirements shall include the quantities, the place of delivery, and
time of delivery.
48 CFR 307.170 Program training requirements.
(a) Chapter 8-95 of the General Administration Manual (GAM) addresses
the general parameters for acquisition planning as stated in 307.104. In
conjunction with the principles of proper acquisition planning, the
Department has established training courses for program officials to
promote expedient program management in the planning and other pertinent
aspects of the acquisition process. Chapter 8-96 of the GAM sets forth
specific training requirements for program officials as follows:
(1) All program personnel selected to serve as project officer for an
HHS contract shall have successfully completed either the Department's
appropriate ''Base Project Officer'' course, or an equivalent course
(see paragraph (b), below).
(2) At least fifty percent of the HHS program personnel performing
the function of technical proposal evaluator on a technical evaluation
team or panel for any competitively solicited HHS contract shall have
successfully completed the appropriate ''Basic Project Officer'' course,
or an equivalent course (see paragraph (b), below). This requirement
applies to the initial technical proposal evaluation and any subsequent
technical evaluations that may be required.
(b) Determination of course equivalency shall be made by the
principal official responsible for acquisition of the cognizant
contracting activity. The contracting officer is responsible for
ensuring that the project officer and technical proposal evaluators have
successfully completed the required training discussed in 307.170-2.
(49 FR 13969, Apr. 9, 1984, as amended at 56 FR 47002, Sept. 17,
1991)
48 CFR 307.170-1 Policy exceptions.
(a) Small contracting activities. (1) Program personnel designated
to serve as project officers and technical proposal evaluators for
contracts which originate in offices having a mission which only
incidentally and infrequently involves the generation of contract
requirements (i.e., normally less than three contract requirements per
fiscal year and in an amount not exceeding $100,000 per contract) are
not required to have completed any of the referenced training courses,
although completion of an appropriate ''Basic Project Officer'' course
is recommended.
(2) As a substitute for the training, contracting officers servicing
these program offices are required to ensure, as a minimum, that program
personnel designated to serve as project officers and technical proposal
evaluators have read and studied the ''DHHS Project Officers'
Contracting Handbook,'' and fully understand their responsibilities.
The contracting officer shall require these program personnel to furnish
written certification that they have fulfilled this requirement prior to
discharging the duties of project officer or technical proposal
evaluator.
(b) Urgent requirements. In the event there is an urgent requirement
for a specific individual to serve as a project officer and that
individual has not successfully completed the prerequisite training
course, the principal official responsible for acquisition may waive the
training requirement and authorize the individual to perform the project
duties, provided that:
(1) The individual first meets with the cognizant contracting officer
to review the ''DHHS Project Officers' Contracting Handbook,'' and to
discuss the important aspects of the contracting -- program office
relationship as appropriate to the circumstances; and
(2) The individual attends the next scheduled and appropriate ''Basic
Project Officer'' course.
(49 FR 13969, Apr. 9, 1984, as amended at 56 FR 47002, Sept. 17,
1991)
48 CFR 307.170-2 Training course prerequisites.
(a) Project officers. (1) Newly appointed project officers, and
project officers with less than three years experience and no previous
related training, are required to take the appropriate ''Basic Project
Officer'' course. (The grade level for project officers attending the
course should be GS-7 and above). All project officers are encouraged
to take the appropriate ''Writing Statements of Work'' course.
(2) Project officers with more than three years experience, and
project officers with less than three years experience who have
successfully completed the appropriate basic course, are qualified (and
encouraged) to take the ''Advanced Project Officer'' course.
(3) Additional information on prerequisites for attendance of these
courses may be found in the ''DHHS Acquisition Training and
Certification Program Handbook.''
(b) Technical proposal evaluators. Technical proposal evaluators,
regardless of experience, are required to take the appropriate ''Basic
Project Officer'' course. Upon successful completion of the basic
course, it is recommended that they take the appropriate ''Advanced
Project Officer'' course.
(49 FR 13969, Apr. 4, 1984, as amended at 56 FR 47002, Sept. 17,
1991)
48 CFR 307.170-2 Subpart 307.3 -- Contractor Versus Government Performance
48 CFR 307.302 General.
(a) GAM Chapter 18-10, Commercial-Industrial Activities of the
Department of Health and Human Services Providing Products or Services
for Government Use, assigns responsibilities for making
method-of-performance decisions (contract vs. in-house performance) to
various management levels within the Department depending on the dollar
amount of capital investment or annual operating costs. It also
requires that each operating division (OPDIV), staff division (STAFFDIV)
and regional office (RO) designate a ''Commercial-Industrial Control
Officer'' (CICO) to be responsible for ensuring compliance with the
requirements of the Chapter.
(d) Besides contracts with annual operating costs under $100,000,
contracts under an authorized acquisition set-aside for small business
or labor surplus area concerns and contracts made pursuant to section
8(a) of the Small Business Act are exempted from the requirements of FAR
Subpart 7.3, GAM Chapter 18-10, and OMB Circular No. A-76.
48 CFR 307.303 Determining availability of private commercial sources.
In accordance with the provisions of GAM Chapter 18-10, OPDIVs,
STAFFDIVs, and ROs and must prepare and maintain a complete inventory of
all individual commercial or industrial activities, including those
conducted under contracts in excess of $100,000 annually. They must
also conduct periodic reviews of each activity and contract in the
inventory to determine if the existing performance, in-house or by
contract, continues to be in accordance with the policy guidelines of
GAM Chapter 18-10.
48 CFR 307.304 Procedures.
Contracting officers shall ensure that no acquisition action
involving a commercial-industrial activity is initiated unless it is in
compliance with the requirements of GAM Chapter 18-10. The contracting
officer must check each request for contract expected to result in a
contract in excess of $100,000 to ensure that it contains a statement as
to whether the proposed contract is or is not subject to review under
GAM Chapter 18-10 requirements. If the contracting officer has any
questions regarding the determination of applicability or
nonapplicability, or if the required statement is missing, the program
office submitting the request for contract should be contacted and the
situation rectified. If the issue cannot be resolved with the program
office, the contracting officer shall refer the matter to the CICO for a
final determination. The principal official responsible for acquisition
is responsible for ensuring that contracting activities are in full
compliance with FAR Subpart 7.3.
48 CFR 307.307 Appeals.
The review and appeals procedures discussed in FAR 7.307 are
addressed in GAM Chapter 18-10.
48 CFR 307.307 Subpart 307.70 -- Considerations in Selecting an Award Instrument
48 CFR 307.7000 Scope of subpart.
This subpart provides guidance on the appropriate selection of award
instruments consistent with the Federal Grant and Cooperative Agreement
Act of 1977 (Pub. L. 95-224) and the OMB implementation of the Act as
published in the Federal Register on August 18, 1978 (41 FR 36860).
This subpart addresses acquisition relationships where the award
instrument is the contract, and assistance relationships where the award
instrument is either a grant or cooperative agreement.
48 CFR 307.7001 Applicability.
This subpart applies to the choice of award instrument -- contract,
grant, or cooperative agreement -- for all program and individual
transactions, except where specifically prohibited by law.
48 CFR 307.7002 Purpose.
This subpart provides guidance to assist in the determination of
whether to use the acquisition or assistance process to fulfill program
needs. The distinction between, and use of, grants and cooperative
agreements is not discussed in detail. Detailed guidance may be found
in Chapter 1-02 of the Grants Administration Manual.
48 CFR 307.7003 Distinction between acquisition and assistance.
(a) The Federal Grant and Cooperative Agreement Act of 1977 requires
the use of contracts to acquire property or services for the direct
benefit or use of the Government and grants or cooperative agreements to
transfer money, property, services, or anything of value to recipients
to accomplish a public purpose of support or stimulation authorized by
Federal statute.
(b) A contract is to be used as the legal instrument to reflect a
relationship between the Federal Government and a recipient whenever:
(1) The principal purpose of the instrument is the acquisition, by
purchase, lease, or barter, of property or services for the direct
benefit or use of the Federal Government; or
(2) The Department determines in a specific instance that the use of
a type of contract is appropriate. That is, it is determined in a
certain situation that specific needs can be satisfied best by using the
acquisition process. However, this authority does not permit
circumventing the criteria for use of acquisition or assistance
instruments. Use of this authority is restricted to extraordinary
circumstances and only with the prior approval of the Director, Office
of Acquisition and Grants Management.
(c) A grant or cooperative agreement is to be used as the legal
instrument to reflect a relationship between the Federal Government and
a recipient whenever the principal purpose of the relationship is the
transfer of money, property, services, or anything of value to the
recipient to accomplish a public purpose of support or stimulation
authorized by Federal statute.
(1) A grant is the legal instrument to be used when no substantial
involvement is anticipated between the Department and the recipient
during performance of the contemplated activity.
(2) A cooperative agreement is the legal instrument to be used when
substantial involvement is anticipated between the Department and the
recipient during performance of the contemplated activity.
(d) As a general rule, contracts are to be used for the following
purposes:
(1) Evaluation (including research of an evaluative nature) of the
performance of Government programs or projects or grantee activity
initiated by the funding agency for its direct benefit or use.
(2) Technical assistance rendered to the Government, or on behalf of
the Government, to any third party, including those receiving grants or
cooperative agreements.
(3) Surveys, studies, and research which provide specific information
desired by the Government for its direct activities, or for
dissemination to the public.
(4) Consulting services or professional services of all kinds if
provided to the Government or, on behalf of the Government, to any third
party.
(5) Training projects where the Government selects the individuals or
specific groups whose members are to be trained or specifies the content
of the curriculum (not applicable to fellowship awards).
(6) Planning for Government use.
(7) Production of publications or audiovisual materials required
primarily for the conduct of the direct operations of the Government.
(8) Design or development of items for Government use or pursuant to
agency definition or specifications.
(9) Conferences conducted on behalf of the Government.
(10) Generation of management information or other data for
Government use.
(e) As a general rule, grants or cooperative agreements are to be
used for the following purposes:
(1) General financial assistance (stimulation or support) to eligible
recipients under specific legislation authorizing the assistance.
(2) Financial assistance (stimulation or support) to a specific
program activity eligible for assistance under specific legislation
authorizing the assistance.
(49 FR 13969, Apr. 9, 1984, as amended at 54 FR 24343, June 7, 1989)
48 CFR 307.7004 Procedures.
(a) OPDIV, agency, and regional office program officials should use
existing budget and program planning procedures to propose new
activities and major changes in ongoing programs. It is the
responsibility of these program officials to meet with the principal
official responsible for acquisition and the principal grants management
official, or their designees, to distinguish the relationships and
determine whether award is to be made through the acquisition process or
assistance process. This determination should be made prior to the time
when the annual acquisition plan is reviewed and approved so that the
plan will reflect all known proposed contract actions. The cognizant
contracting officer will confirm the appropriateness of the use of the
contract instrument when reviewing the request for contract.
(b) Shifts from one award instrument to another must be fully
documented in the appropriate files to show a fundamental change in
program purpose that unequivocably justifies the rationale for the
shift.
(c) OPDIVs, agencies, and regional offices must ensure that the
choice of instrument is determined in accordance with the Federal Grant
and Cooperative Agreement Act of 1977 and applicable departmental
policies. If, however, there are major individual transactions or
programs which contain elements of both acquisition and assistance in
such a way that they cannot be characterized as having a principal
purpose of one or the other, guidance should be obtained from the
Director, Office of Acquisition and Grants Management through normal
channels, before proceeding with a determination.
(d) Any public notice, program announcement, solicitation, or request
for applications or proposals must indicate whether the intended
relationship will be one of acquisition or assistance and specify the
award instrument to be used.
(49 FR 13969, Apr. 9, 1984, as amended at 54 FR 24343, June 7, 1989)
48 CFR 307.7004 Subpart 307.71 -- Phase II Advance Acquisition Planning (Scheduling)
48 CFR 307.7101 Background.
(a) Failure to properly plan individual acquisitions and failure to
schedule the overall acquisition workload of an office, agency, or OPDIV
tends to result in an inordinate percentage of contract awards being
made in the closing weeks and even days of the fiscal year. This
phenomenon, variously identified as ''The September Rush'', ''Hurry-up
Spending'', ''End-of-Year Purchasing'', and ''Year-End Spending
Abuses'', in turn fosters rushed, other than full and open competition,
inadequately documented, and potentially wasteful acquisitions.
Excessive year-end spending also invites increased intervention and/or
scrutiny from Congress, the Office of Management and Budget, and the
media. The end of the fiscal year, however, is usually too late to take
corrective actions that are effective without being unduly damaging to
necessary programs. The key is to begin advance acquisition planning
far earlier.
(b) To avoid the historic pattern of wasteful and unnecessary
year-end spending, the Department introduced the Acquisition Planning
Initiative by Under Secretarial memorandum of February 19, 1980,
Subject: New Procedures to Improve Planning and Scheduling of Contract
Awards and Curb Last-Minute Year-End Procurement Spending. Phase II of
this initiative, beginning with Fiscal Year 1981, established the
present acquisition planning mechanism. Basic guidance on the Phase II
mechanism is contained in the ASMB memorandum of March 28, 1980,
Subject: Phase II of (Fiscal Year 1981) Procurement Planning Initiative
-- Guidelines for Program Funding Milestones. For the Public Health
Service, the above guidance is supplemented by the ASMB memorandum of
April 21, 1982, Subject: Phase II Annual Procurement Planning.
(49 FR 13969, Apr. 9, 1984, as amended at 50 FR 23129, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 307.7102 Accountability and responsibility.
Phase II is a Department-wide monitoring and accountability system
that requires early planning of acquisition requirements down to the
individual project level. The Phase II mechanism includes the
following:
(a) Accountability lies with the OPDIV and STAFFDIV heads who are
required to coordinate overall schedules which plot the planned
distribution of RFC deliveries and contract awards over an
eighteen-month timeline extending to fiscal year-end.
(b) Each OPDIV and STAFFDIV retains the flexibility to schedule
individual RFC deliveries and contract awards as desired, so long as the
overall schedule presents a relatively even distribution of contract
awards and workload across the fiscal year.
(c) The schedules are updated quarterly to compare actual versus
planned progress and, when necessary, to revise the schedules for the
remainder of the fiscal year.
(d) Project officers are responsible for initiating the project
planning by coordinating with contracting activities prior to RFC
preparation, and taking the lead in developing acquisition plans that
establish the date(s) for delivering complete RFC packages to the
contracting activity, and that establish the planned award dates for
individual projects.
(e) The Director, Office of Acquisition and Grants Management
monitors the OPDIV and STAFFDIV Phase II plans throughout the year to
assure that an even distribution of awards, dollar obligations, and
workload is maintained.
(49 FR 13969, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 54 FR 24343, June 7, 1989)
48 CFR 307.7103 Purpose.
The Phase II Advance Acquisition Planning mechanism serves to avoid
excessive year-end spending and distributes the contract workload as
evenly as possible over the fiscal year, and provides a mechanism for
planning at the program/acquisition operational level and a management
tool for monitoring at the program, OPDIV, and departmental levels.
48 CFR 307.7104 Contracting activity actions.
The contracting activity shall take the following actions:
(a) Advise program and staff personnel of their responsibilities to
ensure that:
(1) Year-end acquisitions of unplanned items are not entered into to
use available balances of expiring appropriations (which would otherwise
revert to the Treasury);
(2) Orders for supplies, materials, and equipment are kept to the
minimum needed to carry on approved programs;
(3) Inventories are held to normal levels; and
(4) New contracts for future services and payments to contractors are
made only in accordance with established plans.
(b) Determine closing dates for purchases to be made from
appropriations ending on September 30.
(c) Expedite the preparation and processing of determinations and
findings which require the approval of the Assistant Secretary for
Management and Budget or the OPDIV head.
48 CFR 307.7104 PART 309 -- CONTRACTOR QUALIFICATIONS
48 CFR 307.7104 Subpart 309.1 -- Responsible Prospective Contractors
Sec.
309.104 Standards.
309.104-1 General standards.
309.105 Procedures.
309.105-1 Obtaining information.
48 CFR 307.7104 Subpart 309.4 -- Debarment, Suspension, and
Ineligibility
309.403 Definitions.
309.404 Parties excluded from procurement programs.
309.405 Effect of listing.
309.405-1 Continuation of current contracts.
309.406 Debarment.
309.406-3 Procedures.
309.407 Suspension.
309.407-3 Procedures.
309.470 Reporting of suspected causes for debarment, suspension, or
the taking of evasive actions.
309.470-1 Situations where reports are required.
309.470-2 Contents of reports.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 13976, Apr. 9, 1984, unless otherwise noted.
48 CFR 307.7104 Subpart 309.1 -- Responsible Prospective Contractors
48 CFR 309.104 Standards.
48 CFR 309.104-1 General standards.
(a) In determining the adequacy of a prospective contractor's
financial resources for the performance of the proposed contract,
particular attention shall be given to the ability of the contractor to
discharge its full financial responsibility for charges and losses of
Government-furnished material, when the contractor has responsibility
for such material.
(e) The prospective contractor must have an established system of
accounting and financial controls which are determined by the
contracting officer to be adequate to permit the effective
administration of the type of contract proposed, particularly if under
its terms the costs incurred are a factor in determining the amount
payable under the contract, or if advance or progress payments are
requested.
48 CFR 309.105 Procedures.
48 CFR 309.105-1 Obtaining information.
(b)(2)(ii) To ensure that a prospective contractor has the necessary
accounting and operational controls (see 309.104-1(e)), a written
determination must be made by the contracting officer that the
prospective contractor has an adequate accounting system for determining
costs applicable to the contract and a billing system that satisfies the
contractual payment provisions. The determination must explain the
basis for this judgment.
(A) When dealing with high risk organizations, i.e., new
organizations, those with known problems, and those with accounting
system deficiencies, the contracting officer shall use every reasonable
means available to protect the Government from the improper expenditure
of Federal funds. Actions should include at least one of the following:
preaward and postaward audits; direct identification of cost with
deliverables; billing by contract phases or tasks; fidelity bonding or
other guarantees by the parent company or principals of the
organization; increased scrutiny of vouchers and financial reports;
and frequent site visits to verify the incurrence of specific costs and
the relationship of technical progress with the amount billed.
(B) If a prospective contractor's accounting or billing system (or
both) is determined to be inadequate, corrective action must be taken
before that organization is awarded a contract. When corrective action
cannot be completed until after the award and the contracting officer
determines that the award must be made, the contracting officer shall
consult with the cognizant cost advisor and take the appropriate actions
set forth in FAR 16.104 to ensure that the Government's interests will
be protected and the contract will be adequately costed and
administered. Awards made under the preceding condition must be
approved in writing by the principal official responsible for
acquisition.
48 CFR 309.105-1 Subpart 309.4 -- Debarment, Suspension, and
Ineligibility
Source: 50 FR 7780, Feb. 26, 1985, unless otherwise noted.
48 CFR 309.403 Definitions.
Acquiring agency's head or a designee, as used in the FAR, shall
mean, unless otherwise stated in this subpart, the head of the
contracting activity. Acting in the capacity of the acquiring agency's
head, the head of the contracting activity may make the required
justifications or determinations, and take the necessary actions,
specified in FAR 9.405, 9.406, and 9.407 for his or her respective
activity, but only after obtaining the approval of the debarring or
suspending official, as the case may be.
Debarring official means the Assistant Secretary for Management and
Budget, or his/her designee.
Initiating official means either the contracting officer, the head of
the contracting activity, the Deputy Assistant Secretary for Management
and Acquisition, or the Inspector General.
Suspending official means the Assistant Secretary for Management and
Budget, or his/her designee.
(50 FR 7780, Feb. 26, 1985, as amended at 54 FR 24343, June 7, 1989;
54 FR 43965, Oct. 30, 1989)
48 CFR 309.404 Parties excluded from procurement programs.
(c) The Office of Management and Acquisition (OMAC) shall perform the
actions required by FAR 9.404(c).
(4) OMAC shall maintain all documentation submitted by the initiating
official recommending the debarment or suspension action and all
correspondence and other pertinent documentation generated during the
OMAC review.
(50 FR 7780, Feb. 26, 1985, as amended at 54 FR 24343, June 7, 1989;
54 FR 43966, Oct. 30, 1989)
48 CFR 309.405 Effect of listing.
(a) The head of the contracting activity may, with the concurrence of
the debarring or suspending official, make the determinations referenced
in FAR 9.405(a), regarding contracts for their respective activities.
(1) If a contracting officer considers it necessary to award a
contract, or consent to a subcontract with a debarred or suspended
contractor, the contracting officer shall prepare a determination,
including all pertinent documentation, and submit it through acquisition
channels to the head of the contracting activity. The documentation
must include the date by which approval is required and a compelling
reason for the proposed action. Some examples of circumstances that may
constitute a compelling reason for the award to, or consent to a
subcontract with, a debarred or suspended contractor include:
(i) The property or services to be acquired are available only from
the listed contractor;
(ii) The urgency of the requirement dictates that the Department deal
with the listed contractor; or
(iii) There are other compelling reasons which require business
dealings with the listed contractor.
(2) If the head of the contracting activity decides to approve the
requested action, he/she shall request the concurrence of the debarring
or suspending official and, if given, shall, in writing, inform the
contracting officer of the decision within the required time period.
48 CFR 309.405-1 Continuation of current contracts.
(a) Notwithstanding the debarment or suspension of a contractor,
contracting officers may continue contracts or subcontracts in existence
at the time the contractor was debarred or suspended, unless the head of
the contracting activity or debarring or suspending official directs
otherwise. A decision as to the type of termination action, if any, to
be taken should be made only after review by the awarding activity's
contracting and technical personnel. The contracting officer shall
coordinate any termination with the Office of the General Counsel to
ensure the propriety of the proposed action.
(b) Contracting officers shall not renew the current contracts of
debarred or suspended contractors, or otherwise extend their duration,
unless the head of the contracting activity determines to do so, with
the concurrence of the debarring or suspending official. The
contracting officer shall prepare a determination meeting the
requirements of 309.405(a) and submit it, through acquisition channels,
to the head of the contracting activity. If the head of the contracting
activity agrees with the determination, he/she shall obtain the
concurrence of the debarring or suspending official.
48 CFR 309.406 Debarment.
48 CFR 309.406-3 Procedures.
(a) Investigation and referral. Whenever an apparent cause for
debarment becomes known to an initiating official, that person shall
prepare a report incorporating the information required by 309.470-2, if
known, and forward it through appropriate channels, with a written
recommendation, to the debarring official. Contracting officers shall
forward their reports in accordance with 309.470-1. The debarring
official shall initiate an investigation through such means as he/she
deems appropriate.
(b) Decisionmaking process. The debarring official shall review the
results of the investigation, if any, and make a written determination
whether or not debarment procedures are to be commenced. A copy of the
determination shall be promptly sent through appropriate channels to the
initiating official, and the contracting officer, if necessary. If the
debarring official determines to commence debarment procedures, he/she
shall, after consultation with the Office of the General Counsel, notify
the contractor in accordance with FAR 9.406-3(c). If the proposed action
is not based on a conviction or judgment and the contractor's submission
in response to the notice raises a genuine dispute over facts material
to the proposed debarment, the debarring official shall arrange for
fact-finding hearings and take the necessary actions specified in FAR
9.406-3(b)(2). The debarring official shall also ensure that written
findings of fact are prepared, and shall base the debarment decision on
the facts as found, after considering information and argument submitted
by the contractor and any other information in the administrative
record. The Office of the General Counsel shall represent the
Department at any fact-finding hearing and may present witnesses for HHS
and question any witnesses presented by the contractor.
48 CFR 309.407 Suspension.
48 CFR 309.407-3 Procedures.
(a) Investigation and referral. Whenever an apparent cause for
suspension becomes known to an initiating official, that person shall
prepare a report incorporating the information required by 309.470-2, if
known, and forward it through appropriate channels, with a written
recommendation, to the suspending official. Contracting officers shall
forward their reports in accordance with 309.470-1. The suspending
official shall initiate an investigation through such means as he/she
deems appropriate.
(b) Decisionmaking process. The suspending official shall review the
results of the investigation, if any, and make a written determination
whether or not suspension should be imposed. A copy of this
determination shall be promptly sent through appropriate channels to the
initiating official and the contracting officer, if necessary. If the
suspending official determines to impose suspension, he/she shall, after
consultation with the Office of the General Counsel, notify the
contractor in accordance with FAR 9.407-3(c). If the action is not based
on an indictment and, subject to the provisions of FAR 9.407-3(b)(2),
the contractor's submission in response to the notice raises a genuine
dispute over facts material to the suspension, the suspending official
shall, after suspension has been imposed, arrange for fact-finding
hearings and take the necessary actions specified in FAR 9.407-3(b)(2).
309.470 Reporting of suspected causes for debarment or suspension, or
the taking of evasive actions.
48 CFR 309.470-1 Situations where reports are required.
A report incorporating the information required by 309.470-2 shall be
forwarded, in duplicate, by the contracting officer through acquisition
channels to the OMAC when --
(a) A contractor has committed, or is suspected of having committed,
any of the acts described in FAR 9.406-2 or FAR 9.407-2; or
(b) A contractor is suspected of attempting to evade the prohibitions
of debarment or suspension imposed under this regulation, or any other
comparable regulation, by changes of address, multiple addresses,
formation of new companies, or by other devices.
(50 FR 7780, Feb. 26, 1985, as amended at 54 FR 24343, June 7, 1989)
48 CFR 309.470-2 Contents of reports.
Each report prepared under 309.470-1 shall be coordinated with the
Office of the General Counsel and shall include the following
information, where available:
(a) Name and address of contractor.
(b) Name of the principal officers, partners, owners, or managers.
(c) All known affiliates, subsidiaries, or parent firms, and the
nature of the affiliation.
(d) Description of the contract or contracts concerned, including the
contract number, and office identifying numbers or symbols, the amount
of each contract, the amount paid the contractor and the amount still
due, and the percentage of work completed and to be completed.
(e) The status of vouchers.
(f) Whether contract funds have been assigned pursuant to the
Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15, and,
if so assigned, the name and address of the assignee and a copy of the
assignment.
(g) Whether any other contracts are outstanding with the contractor
or any affiliates, and, if so, the amount of such contracts, whether
these funds have been assigned pursuant to the Assignment of Claims Act,
as amended, 31 U.S.C. 3727, 41 U.S.C. 15, and the amounts paid or due on
such contracts.
(h) A complete summary of all available pertinent evidence.
(i) A recommendation as to the continuation of current contracts.
(j) An estimate of damages, if any, sustained by the Government as a
result of the action of the contractor, including an explanation of the
method used in making the estimate.
(k) The comments and recommendations of the contracting officer and
statements regarding whether the contractor should be suspended or
debarred, whether any limitations should be applied to such action, and
the period of any proposed debarment.
(l) As an enclosure, a copy of the contract(s) or pertinent excerpts
therefrom, appropriate exhibits, testimony or statements of witnesses,
copies of assignments, and other relevant documentation or a written
summary of any information for which documentation is not available.
48 CFR 309.470-2 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR 309.470-2 PART 313 -- SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
48 CFR 309.470-2 Subpart 313.1 -- General
Sec.
313.101 Definitions.
313.104 Procedures.
313.105 Small business -- small purchase set-aside.
313.106 Competition and price reasonableness.
313.107 Solicitation and evaluation of quotations.
48 CFR 309.470-2 Subpart 313.2 -- Blanket Purchase Agreements
313.201 General.
313.204 Purchases under Blanket Purchase Agreements.
48 CFR 309.470-2 Subpart 313.4 -- Imprest Fund
313.403 Agency responsibilities.
48 CFR 309.470-2 Subpart 313.5 -- Purchase Orders
313.505 Purchase order and related forms.
313.505-3 Standard Form 44, Purchase Order -- Invoice -- Voucher.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 13977, Apr. 9, 1984, unless otherwise noted.
48 CFR 309.470-2 Subpart 313.1 -- General
48 CFR 313.101 Definitions.
''Small purchase procedures''
(d) Acquisition of architect-engineer professional services of any
dollar amount.
48 CFR 313.104 Procedures.
(i) Small purchase methods are designed to acquire defined,
off-the-shelf, standard supplies, equipment, or services which may be
awarded on the basis of a fixed price quotation. Small purchase methods
should not be used to acquire R & D, complex studies, services, and the
like (which require judgmental technical evaluations and involve
negotiations) where the award cannot be confidently made on the low
price. Where requirements are not suitable for accomplishment using
small purchase methods, more formal negotiation methods or sealed
bidding should be used.
(j) Small purchases accomplished in accordance with this Part may not
be awarded on a cost-reimbursement basis.
(k) Small purchase methods should be used with great prudence for the
acquisition of consultants to avoid the increased possibility of using
consultants in an improper personal services capacity.
(49 FR 13977, Apr. 9, 1984, as amended at 50 FR 23129, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 53 FR 15563, May 2, 1988)
48 CFR 313.105 Small business-small purchase set-aside.
(d) (2) The contracting officer shall consult with the small and
disadvantaged business utilization specialist (SADBUS) to determine
whether small business sources are known by the SADBUS before
determining not to proceed with the small business-small purchase
set-aside. Coordination with the SADBUS is not required for small
purchases at or below ten percent of the small purchase limitation.
(57 FR 11689, Apr. 7, 1992)
48 CFR 313.106 Competition and price reasonableness.
(a) Purchases not over 10 percent of the small purchase limitation.
Purchases not exceeding this limit are exempt from the documentary
requirements of FAR Subpart 6.3 and Subpart 306.3. However, purchases
shall not be made repetitively from one source except for reasons which
clearly and convincingly justify other than full and open competition
(see FAR Subpart 6.3).
(b) Purchases over 10 percent of the small purchase limitation.
(4)(i)(D) Women-owned small business.
(c) Data to support small purchases over 10 percent of the small
purchase limitation.
(2) Purchases ranging in excess of 10 percent of the small purchase
limitation up to and including the small purchase limitation which are
made without full and open competition require justification as to why
competition was not obtained. The justification, which may be in the
form of a paragraph or paragraphs in the request for contract or
requisition, must address the considerations in FAR Subpart 6.3 and
Subpart 306.3. The contracting officer may approve or disapprove the
justification. Award of the contract or purchase order by the
contracting officer shall constitute approval of the justification (see
306.304(a)(1)).
(49 FR 13977, Apr. 9, 1984, as amended at 50 FR 23129, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 56 FR 47002, Sept. 17, 1991)
48 CFR 313.107 Solicitation and evaluation of quotations.
(e) Amendments. (1) If after the issuance of a request for
quotations but before the closing date of their receipt, it becomes
necessary (i) to make significant changes in the quantity,
specifications, or delivery schedule, (ii) to make any change in the
closing date, or (iii) to correct a defect or ambiguity, the change
shall be accomplished by issuance of an amendment to the request.
Requests for quotations using the Standard Form 18 may be amended by
letter. Oral requests for quotations may be amended orally.
(2) When it is considered necessary to issue an amendment to a
request for quotations, the period of time remaining before closing and
the need for extending this period by postponing the time set for
closing must be considered. Where only a short time remains before the
time set for closing, extension of time may be made by telegram or
telephone. This notification should be confirmed in the amendment.
(3) Any information given to one potential quoter concerning a
request for quotations shall be furnished promptly to all other
potential quoters in an amendment to the request, if the information is
necessary to potential quoters in submitting quotations, or if the lack
of the information would be prejudicial to uninformed potential quoters.
(49 FR 13977, Apr. 9, 1984, as amended at 49 FR 36110, Sept. 14,
1984; 56 FR 47003, Sept. 17, 1991)
48 CFR 313.107 Subpart 313.2 -- Blanket Purchase Agreements
48 CFR 313.201 General.
(e) Each blanket purchase arrangement (BPA) shall be documented by
issuance of a contractual instrument which is appropriately numbered.
48 CFR 313.204 Purchases under Blanket Purchase Agreements.
(e)(5) Delivery documents, invoices, etc. signed by the Government
employee receiving the item or service, will be forwarded to the fiscal
office or other paying office as designated by the OPDIV. Payment will
be made on the basis of the signed document, invoice, etc. Contracting
offices will ensure that established procedures allowing for
availability of funds are in effect prior to placement of orders.
(49 FR 13977, Apr. 9, 1984, as amended at 56 FR 47003, Sept. 17,
1991)
48 CFR 313.204 Subpart 313.4 -- Imprest Fund
48 CFR 313.403 Agency responsibilities.
(a) The amount of each imprest fund shall be established on the basis
of the estimated monthly payment and the need for replenishment. A
review shall be made by the responsible official at least quarterly to
insure that the fund is not in excess of needs, and appropriate
adjustments are made accordingly.
(c) Requests to establish imprest funds shall be made to the
responsible fiscal office. At larger activities where the cashier may
not be conveniently located near the purchasing office, a Class C
Cashier may be installed in the purchasing office. Documentation of
cash purchases shall be in accordance with instructions contained in the
HHS Voucher Audit Manual Part 1, Chapter 1-10.
48 CFR 313.403 Subpart 313.5 -- Purchase Orders
48 CFR 313.505 Purchase order and related forms.
48 CFR 313.505-3 Standard Form 44, Purchase Order -- Invoice -- Voucher.
(d) Since the Standard Form 44 is an accountable form, a record shall
be maintained of serial numbers of the form, to whom issued, and date
issued. SF-44's shall be kept under adequate lock and key to prevent
unauthorized use. A reservation of funds shall be established to cover
total anticipated expenditures prior to use of the SF-44.
48 CFR 313.505-3 PART 314 -- FORMAL ADVERTISING
48 CFR 313.505-3 Subpart 314.2 -- Solicitation of Bids
Sec.
314.202-7 Facsimile bids.
314.213 Annual submission of representations and certifications.
48 CFR 313.505-3 Subpart 314.4 -- Opening of Bids and Award of Contract
314.404 Rejection of bids.
314.404-1 Cancellation of invitations after opening.
314.406 Mistakes in bids.
314.406-3 Other mistakes disclosed before award.
314.406-4 Mistakes after award.
314.407 Award.
314.407-8 Protests against award.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 313.505-3 Subpart 314.2 -- Solicitation of Bids
Source: 55 FR 13536, Apr. 11, 1990, unless otherwise noted.
48 CFR 314.202-7 Facsimile bids.
The principal official responsible for acquisition (PORA) shall
determine whether to allow the use of facsimile bids. If the PORA
decides to allow the use of facsimile bids, internal procedures shall be
developed, in accordance with the FAR, to ensure uniform processing and
control.
48 CFR 314.213 Annual submission of representations and certifications.
Each principal official responsible for acquisition (PORA) shall
determine whether to allow the use of the annual submission of
representations and certifications by bidders. If allowed, the
provisions of FAR 14.213 shall be followed.
48 CFR 314.213 Subpart 314.4 -- Opening of Bids and Award of Contract
48 CFR 314.404 Rejection of bids.
(51 FR 44294, Dec. 9, 1986)
48 CFR 314.404-1 Cancellation of invitations after opening.
(c) The chief of the contracting office (CCO) shall make the
determination required by FAR 14.404-1(c).
(e) The CCO shall make the referenced determination.
(51 FR 44294, Dec. 9, 1986)
48 CFR 314.406 Mistakes in bids.
(49 FR 13978, Apr. 9, 1984)
48 CFR 314.406-3 Other mistakes disclosed before award.
(e) Authority has been delegated to the Protest Control Officer,
Division of Acquisition Policy, Office of Acquisition and Grants
Management (OAGM) to make administrative determinations in connection
with mistakes in bid alleged after opening and before award. This
authority may not be redelegated.
(f) Each proposed determination shall have the concurrence of the
Chief, Business Law Branch, Business and Administrative Law Division,
Office of General Counsel.
(g)(3) The data required by FAR 14.406-3(g)(3) shall be marked
''IMMEDIATE ACTION -- MISTAKE IN BID'' and submitted through acquisition
channels to the Protest Control Officer, Division of Acquisition Policy,
Office of Acquisition and Grants Management (OAGM). The file shall be
assembled in an orderly manner and shall include an index of enclosures.
A single copy of the file is sufficient.
(4) Since examination of evidence is necessary to determine the
proper course of action to be taken, no action will be taken on cases
referred by telephone or telegraph.
(5) Where the evidence submitted by the bidder is incomplete or in
need of clarification, the contracting officer shall document the file
to indicate the effort made to obtain clear and convincing evidence to
support the alleged mistake. Since the burden of providing such
evidence lies with the bidder-claimant, repeated efforts to obtain such
information are neither necessary nor desirable.
(i) Doubtful cases shall not be submitted by the contracting officer
directly to the Comptroller General, but shall be submitted as indicated
in 314.406-3(g)(3).
(49 FR 13978, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 54 FR 24343, June 7, 1989)
48 CFR 314.406-4 Mistakes after award.
(c) Authority has been delegated to the Protest Control Officer,
Division of Acquisition Policy, OAGM to make administrative
determinations in connection with mistakes in bid alleged after award.
This authority may not be redelegated.
(d) Each proposed determination shall have the concurrence of the
Chief, Business Law Branch, Business and Administrative Law Division,
Office of General Counsel.
(2) The data required by FAR 14.406-4(e)(2) shall be marked
''IMMEDIATE ACTION -- MISTAKE IN BID'' and submitted as prescribed in
314.406-3(g)(3).
(49 FR 13978, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 54 FR 24343, June 7, 1989)
48 CFR 314.407 Award.
(49 FR 13978, Apr. 9, 1984)
48 CFR 314.407-8 Protests against award.
See Subpart 333.1 -- Protests.
(50 FR 23129, May 31, 1985, and 50 FR 38004, Sept. 19, 1985)
48 CFR 314.407-8 PART 315 -- CONTRACTING BY NEGOTIATION
48 CFR 314.407-8 Subpart 315.1 -- General Requirements for Negotiation
Sec.
315.103 Converting from sealed bidding to negotiation procedures.
48 CFR 314.407-8 Subpart 315.4 -- Solicitation and Receipt of Proposals
and Quotations
315.402 General.
315.404 Presolicitation notices and conferences.
315.405 Solicitations for information or planning purposes.
315.405-1 General.
315.406 Preparing requests for proposals (RFP's) and requests for
quotations (RFQ's).
315.406-1 Uniform contract format.
315.406-2 Part I -- The Schedule.
315.406-3 Part II -- Contract clauses.
315.406-5 Part IV -- Representations and instructions.
315.407 Solicitation provisions.
315.408 Issuing solicitations.
315.409 Pre-proposal conferences.
315.410 Amendment of solicitations before closing date.
315.413 Disclosure and use of information before award.
315.413-1 Alternate I.
315.413-2 Alternate II.
315.470 Review of RFP.
315.471 Annual submission of representations and certifications.
48 CFR 314.407-8 Subpart 315.5 -- Unsolicited Proposals
315.505 Content of unsolicited proposals.
315.506 Agency procedures.
315.506-1 Receipt and initial review.
315.509 Limited use of data.
48 CFR 314.407-8 Subpart 315.6 -- Source Selection
315.602 Applicability.
315.604 Responsibilities.
315.605 Evaluation factors.
315.607 Disclosure of mistakes before award.
315.608 Proposal evaluation.
315.608-70 Technical evaluation plan.
315.608-71 Technical evaluation panel.
315.608-72 Procedures for handling and disclosing proposals.
315.608-73 Receipt of proposals.
315.608-74 Convening the technical evaluation panel.
315.608-75 Rating and ranking of proposals.
315.608-76 Technical evaluation report.
315.608-77 Evaluation of business proposals.
315.609 Competitive range.
315.610 Written or oral discussions.
315.611 Best and final offers.
315.670 Negotiation with the selected source.
315.671 Post negotiation contract preparation and award.
315.672 Preparation of negotiation memorandum.
48 CFR 314.407-8 Subpart 315.8 -- Price Negotiation
315.804 Cost or pricing data.
315.804-3 Exemptions from or waiver of submission of certified cost
or pricing data.
315.805 Proposal analysis.
315.805-5 Field pricing support.
48 CFR 314.407-8 Subpart 315.9 -- Profit
315.900 Scope of subpart.
315.905-70 Structured approach.
315.905-71 Profit factors.
315.905-72 Contractor effort.
315.905-73 Other factors.
315.905-74 Facilities capital cost of money.
48 CFR 314.407-8 Subpart 315.10 -- Preaward, Award, and Postaward
Notifications, Protests, and Mistakes
315.1000 General.
315.1003 Debriefing of unsuccessful offerors.
315.1004 Protests against award.
315.1005 Discovery of mistakes.
48 CFR 314.407-8 Subpart 315.70 -- Requests for Contract
315.7000 Scope of subpart.
315.7001 General.
315.7002 Procedures.
315.7003 Responsibilities.
315.7004 Transmittal.
315.7005 Format and content.
315.7006 Review.
Authority: 5 U.S.C. 301; 40 U.S.C. 486cc).
Source: 49 FR 13979, Apr. 9, 1984, unless otherwise noted.
48 CFR 314.407-8 Subpart 315.1 -- General Requirements for Negotiation
48 CFR 315.103 Converting from sealed bidding to negotiation procedures.
The chief of the contracting office has the authority to make the
determination referenced in FAR 15.103.
(51 FR 44294, Dec. 9, 1986)
48 CFR 315.103 Subpart 315.4 -- Solicitation and Receipt of Proposals and Quotations
48 CFR 315.402 General.
(i) The principal official responsible for acquisition (PORA) shall
determine whether to allow the use of facsimile proposals. If the PORA
decides to allow the use of facsimile proposals, internal procedures
shall be developed, in accordance with the FAR, to ensure uniform
processing and control.
(55 FR 13536, Apr. 11, 1990)
48 CFR 315.404 Presolicitation notices and conferences.
(c) Presolicitation conferences. (1) The presolicitation conference
may only be used when approved by the chief of the contracting office.
48 CFR 315.405 Solicitations for information or planning purposes.
48 CFR 315.405-1 General.
The determination approval required by FAR 15.405-1 that a
solicitation for information or planning purposes is appropriate shall
be made by the chief of the contracting office.
48 CFR 315.406 Preparing requests for proposals (RFP's) and requests for
quotations (RFQ's).
(a) The contracting officer is responsible for preparing the RFP with
the assistance of the project officer. The purpose of the RFP is to
convey information that prospective offerors need to prepare a proposal.
The RFP includes the statement of work and the terms, conditions and
provisions that will form the basis for the final definitive contract.
It specifies all the information that prospective offerors must furnish
to permit a meaningful and equitable evaluation of their offers. The
RFP must be clear, complete, accurate, and consistent with the
requirements of the acquisition so that it provides all who receive it
with the same understanding of the requirements. Much of the
information in the RFP is either derived directly from the request for
contract or is otherwise furnished by the project officer. Therefore,
it is important that the project officer develop a meaningful request
for contract and supporting documentation during the initial
presolicitation phase which will fully satisfy program needs and
objectives when included in the RFP (see Subpart 315.70).
(b) Careful drafting of the RFP is vital to the proper working of the
competitive process. The success of the acquisition depends, in large
measure, on how well the work to be performed and the basic ground rules
under which the competition will be conducted are described in the RFP.
Particular effort must be made to develop a comprehensive and accurate
statement of work (see 307.105-3 and FAR 35.007) to prevent ambiguities
and to avoid misunderstandings which might otherwise surface at later
stages of the acquisition.
(c) Care should be taken to avoid conflicting statements in the RFP.
Clear distinctions must be made as to the contents and purpose of the
statement of work, the instructions to offerors, and the evaluation
criteria. Briefly:
(1) The statement of work must clearly specify the work to be done by
the resultant contractor (or, if it is an R & D acquisition, present a
clear statement of the requirements, see FAR Part 35);
(2) The general, technical, and business instructions must delineate
all the essential information prospective offerors need to know in
preparing their proposals (see 315.406-5(b)); and
(3) The evaluation criteria must clearly indicate the technical,
management, personnel, and cost or pricing factors which are to be the
major considerations in selecting the successful offeror (see
315.406-5(c)).
(d) The RFP must require that proposals be submitted in two parts --
a ''Technical Proposal'' and a ''Business Proposal.'' Each part is to be
separate and complete in itself so that evaluation of one may be
accomplished independently of the other.
(e) The technical and business proposal instructions of the RFP must
provide all the information deemed essential for proper evaluation of
the proposals so that all prospective offerors are aware of all
requirements, and so that differences in proposals will reflect each
offeror's individual approach to the clear and unambiguous requirements
and criteria stated in the RFP.
(f) The RFP must inform prospective offerors of all evaluation
criteria and of the relative importance or weight attached to each
criterion. Evaluation criteria must be described sufficiently enough in
the RFP to inform prospective offerors of the significant matters which
should be addressed in the proposals. Only the evaluation criteria set
forth in the RFP shall be used in the evaluation of proposals, and the
criteria can only be modified by a formal amendment to the RFP.
(g) Generally, the RFP will provide that the technical proposal not
contain any reference to cost. However, resource information, such as
data concerning labor hours and categories, materials, subcontracts,
travel, computer time, etc., must be included in the technical proposal
so that the offeror's understanding of the scope of work may be
evaluated.
(h) The project officer should be offered the opportunity to review
the finalized RFP before it is printed and released.
48 CFR 315.406-1 Uniform contract format.
The uniform contract format specified in FAR 15.406-1 and Table 15-1
shall be used by all contracting activities of the Department.
(49 FR 13979, Apr. 9, 1984, as amended at 50 FR 23129, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 315.406-2 Part I -- The Schedule.
(a) Section A, Solicitation/contract form.
(3) Contracting activities are encouraged to use SF 33 for RFPs. In
those instances where a contracting activity believes the SF 33 is not
appropriate, a transmittal letter may be used. However, it is essential
that the transmittal letter contain the pertinent information that must
be brought to the attention of prospective offerors, so the information
contained in FAR 15.406-2(a)(3) shall be included in it. The
transmittal letter should also contain reference to the solicitation
provision ''Late Submissions, Modifications, and Withdrawals of
Proposals or Quotations'' and stress the importance of timeliness. The
last paragraph of the transmittal letter should provide the name and
complete telephone number of a contract specialist who can provide
information concerning the solicitation.
(49 FR 13979, Apr. 9, 1984, as amended 54 FR 24343, June 7, 1989)
48 CFR 315.406-3 Part II -- Contract clauses.
Section I, Contract clauses.
This section should contain all the pertinent contract clauses
applicable to the acquisition, to include those contained in the general
provisions, any additions or modifications to the general provisions,
and special contract clauses (see Part 352 -- Solicitation Provisions
and Contract Clauses).
48 CFR 315.406-5 Part IV -- Representations and instructions.
(a) Section K, Representations, certifications, and other statements
of offerors or quoters.
(1) This section shall begin with the following statements and
continue with the applicable representations and certifications:
To Be Completed by the Offeror: (The Representations and
Certifications must be executed by an individual authorized to bind the
offeror.)
The offeror makes the following Representations and Certifications as
part of its proposal (check or complete all appropriate boxes or blanks
on the following pages).
Name of offeror --------
RFP No. ------
Signature of authorized individual --------
Date ------
Type name of authorized individual --------
Note: The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001.
(2) The contracting officer shall insert in all solicitations the
representations and certifications at --
(i) FAR 52.203-2, Certificate of Independent Price Determination;
(ii) FAR 52.203-4, Contingent Fee Representation and Agreement;
(iii) FAR 52.204-3, Taxpayer Identification;
(iv) FAR 52.209-5, Certification Regarding Debarment, Suspension,
Proposed Debarment, and Other Responsibility Matters;
(v) FAR 52.215-6, Type of Business Organization;
(vi) FAR 52.215-20, Place of Performance;
(vii) FAR 52.219-1, Small Business Concern Representation;
(viii) FAR 52.219-2, Small Disadvantaged Business Concern
Representation;
(ix) FAR 52.219-3, Women-Owned Small Business Representation;
(x) FAR 52.222-19, Walsh-Healy Public Contracts Act Representation;
(xi) FAR 52.222-21, Certification of Nonsegregated Facilities;
(xii) FAR 52.222-22, Previous Contracts and Compliance Reports;
(xiii) FAR 52.222-25, Affirmative Action Compliance;
(xiv) FAR 52.223-1, Clean Air and Water Certification;
(xv) FAR 52.223-5, Certification Regarding a Drug-Free Workplace;
(xvi) FAR 52.225-1, Buy American Certification;
(xvii) FAR 52.225-12, Notice of Restrictions on Contracting With
Sanctioned Persons;
(xviii) FAR 52.230-2, Cost Accounting Standards Notices and
Certification (Nondefense); and
(xix) FAR 15.804-4, Certificate of Current Cost or Pricing Data; and
Note: The following paragraph shall be inserted between the title
and text of this certificate:
(When a certificate of cost or pricing data is required to be
submitted in accordance with Federal Acquisition Regulation (FAR)
15.804-4, the Contracting Officer will request that the offeror
complete, execute, and submit to the Contracting Officer a certification
in the format shown in the following Certificate of Current Cost or
Pricing Data. The certification shall be submitted only at the time
negotiations are concluded. Offerors should complete the certificate set
forth below and return it when requested by the Contracting Officer.)
(xx) 352.215-71, Employer's Identification Number.
(b) Section L, Instructions, conditions, and notices to offerors and
quoters. This section shall be comprised of the general instructions,
technical proposal instructions, and business proposal instructions, as
well as pertinent solicitation provisions (see FAR 15.407).
(1) General instructions.
(i) The general instructions provide basic guidance to prospective
offerors that informs them of what is required in the preparation and
submission of proposals. The general instructions must include the
following statements and any instructions pertinent to the individual
acquisition and applicable requirements of the OPDIV, agency, or
regional office.
The following instructions establish the acceptable minimum
requirements for the format and content of proposals:
Your special attention is directed to the requirements for technical
and business proposals to be submitted in accordance with these
instructions.
Any resultant contract shall include the general provisions
applicable to the selected offeror's organization and type of contract
awarded. Copies of general provisions may be obtained by contacting the
contracting officer. Any additional clauses required by public law,
executive order, or acquisition regulations, in effect at the time of
execution of the proposed contract, will be included.
The proposal must be prepared in two parts: a ''Technical Proposal''
and a ''Business Proposal.'' Each of the parts shall be separate and
complete in itself so that evaluation of one may be accomplished
independently of evaluation of the other. The technical proposal must
not contain reference to cost; however, resource information, such as
data concerning labor hours and categories, materials, subcontracts,
etc., must be contained in the technical proposal so that your
understanding of the scope of the work may be evaluated. It must
disclose your technical approach in sufficient detail to provide a clear
and concise presentation that includes, but is not limited to, the
requirements of the technical proposal instructions.
The proposal must be signed by an official authorized to bind your
organization. (Number) copies of your technical proposal and (number)
copies of your business proposal must be submitted to: (Insert complete
address indicating where the proposal is to be sent and how it is to be
marked. Provide similar information for hand-delivered proposals.)
You may, at your discretion, submit alternate proposals, or proposals
which deviate from the requirements; provided, that you also submit a
proposal for performance of the work as specified in the statement of
work. These proposals may be considered if overall performance would be
improved or not compromised, and if they are in the best interest of the
Government. Alternate proposals, or deviations from any requirements of
this RFP, must be clearly identified.
The Government will evaluate proposals in accordance with the
evaluation criteria set forth in Section M of this request for
proposals.
It is understood that your proposal will become part of the official
contract file.
The RFP does not commit the Government to pay any cost for the
preparation and submission of a proposal. In addition, the Contracting
Officer is the only individual who can legally commit the Government to
the expenditure of public funds in connection with this proposed
acquisition.
(ii) Include either of the following in the General Instructions if
prospective offerors are to be informed of the Government's estimate of
the level of effort necessary to accomplish the requirement:
The Government considers the level of effort to perform the resultant
contract should take the following staff-hours: (insert a breakdown of
the Government's staff-hour estimates by categories). These estimates
are furnished for the offeror's information only and are not to be
considered restrictive for proposal purposes; or
To assist you in the preparation of your proposal, the Government
considers the effort to perform this contract to be approximately
(insert the total number) staff-hours. This number is furnished for the
offeror's information only and is not considered restrictive for
proposal purposes.
(Note: The first paragraph should only be used for term (e.g. level
of effort task order), rather than completion type, contracts.)
(iii) If the proposed contract will involve performance or services
on a Government installation, insert the following in the General
Instructions:
Offerors are urged and expected to inspect the site where services
are to be performed and to satisfy themselves as to all general and
local conditions that may affect the cost of performance of the
contract, to the extent such information is reasonably obtainable. In
no event will failure to inspect the site constitute grounds for claims
by the contractor after the award of a contract.
(iv) If reference material is to be provided for use in preparation
of proposals, insert either of the following:
To assist offerors in preparing their proposals, reference material
consisting of (insert title or description of publications,
specifications, drawings, reports, or other documentation being made
available as reference material) will be available for inspection at
(insert name and address of building and room number).
Offerors are expected to examine all reference material prior to
preparation and submission of their proposals. Failure to do so will be
at the offeror's risk; or
To assist offerors in preparing their proposals, reference material
consisting of (insert title or description of publications,
specifications, drawings, reports, or other documentation being
furnished as reference material) is enclosed. Offerors are expected to
examine all reference material prior to preparation and submission of
their proposal. Failure to do so will be at the offeror's risk.
(v) If the reference material being provided is to be returned to the
Government, include the following statement:
All reference material furnished hereunder shall be returned within
(insert number) days after the submission of proposals to (insert name
and address of building and room number).
(vi) If an incentive type contract is being considered, a notice to
the offeror of the Government's desire as to use of incentives
considered applicable, objectives of the incentive performance goals,
schedules, milestones, critical delivery parameters, and similar
information must be included.
(2) Technical proposal instructions.
(i) The technical proposal instructions should clearly and concisely
describe the information prospective offerors must provide in their
technical proposals. The instructions should address the need for
submission of a detailed work plan indicating how each aspect of the
statement of work is to be accomplished, a discussion of how the work is
to be organized, staffed, and managed, and statements of the
qualifications and experience of the prospective offeror and its key
personnel.
(ii) The technical proposal instructions must be specific enough to
convey the information the program office will require from offerors to
allow the technical proposal evaluators to determine whether a proposal
is acceptable. Therefore, it is essential that the instructions are
written to elicit the information necessary to fully address all the
elements of the work plan with particular emphasis on the evaluation
criteria, so that evaluators may readily evaluate each offer in the
pertinent areas. The instructions should not require the submission of
excessive information since this will complicate the evaluation process
and could cause unnecessary proposal preparation costs for offerors.
(iii) The technical proposal instructions should require that
technical proposals be prepared in a specified format to facilitate
evaluation. A uniform format will minimize evaluators' efforts and
should minimize the amount of extraneous and voluminous material
sometimes included in proposals.
(iv) Since specific instructions must be developed to suit the needs
of the individual acquisition, detailed guidance concerning the contents
of the technical proposal instructions is not presented here. However,
the following represents a sampling of general statements which may be
helpful in the preparation of the instructions:
Proposals which merely offer to conduct a program in accordance with
the requirements of the Government's scope of work will not be eligible
for award. You must submit an explanation of the proposed technical
approach in conjunction with the tasks to be performed in achieving the
project objectives.
A detailed work plan must be submitted indicating how each aspect of
the statement of work is to be accomplished. Your technical approach
should be in as much detail as you consider necessary to fully explain
your proposed technical approach or method. The technical proposal
should reflect a clear understanding of the nature of the work being
undertaken.
The technical proposal must include information on how the project is
to be organized, staffed, and managed. Information should be provided
which will demonstrate your understanding and management of important
events or tasks. You must explain how the management and coordination
of consultant and/or subcontractor efforts will be accomplished.
The technical proposal must include a list of names and proposed
duties of the professional personnel, consultants, and key subcontractor
employees assigned to the project. Their re1sume1s should be included
and should contain information on education, background, recent
experience, and specific scientific or technical accomplishments. The
approximate percentage of time each individual will be available for
this project must be included. The proposed staff hours for each of the
above individuals should be allocated against each task or subtask for
the project.
The technical proposal must provide the general background,
experience, and qualifications of the organization. Similar or related
contracts, subcontracts, or grants should be included and contain the
name of the customer, contract or grant number, dollar amount, time of
performance, and the names and telephone numbers of the project officer
and contracting/grants officer.
The technical proposal must contain a discussion of present or
proposed facilities and equipment which will be used in the performance
of the contract.
The technical proposal must be prepared and submitted in the
following format:
(Provide the required format.)
(3) Business proposal instructions. Business proposal instructions
consist of cost and pricing data and administrative and management data.
(i) Cost and pricing data. Prospective offerors must be informed in
the business proposal instruction that they are required to submit cost
or pricing information in sufficient detail to allow a complete cost
analysis. (See FAR 15.804 for requirements on cost or pricing data.)
Categories and amounts of labor, materials, travel, computer time,
overhead and other costs should be requested. Prospective offerors are
to be provided Standard Form 1411, Contract Pricing Proposal Cover
Sheet, for use in preparing the cost of pricing data, and are to be told
to submit, as a minimum, cost proposals fully supported by cost and
pricing data adequate to establish the reasonableness of the proposed
amount. Prospective offerors are to comply with the instruction on the
SF 1411 and fill in or check the appropriate boxes. In addition, they
should be informed to itemize the cost for individual elements, each as
analytical studies, reports, etc., and the estimated cost of each phase
or segment of the offered performance.
(ii) Administrative and management data.
(A) The business proposal instructions must be written so that the
contracting officer receives adequate information to evaluate each
offeror's management capability and to determine whether each offeror is
responsible. Therefore, under this section, information should be
requested to allow the contracting officer to assess the following
factors as they apply to the instant acquisition:
(1) The offeror's financial capability;
(2) The offeror's capability to meet delivery or performance
schedules;
(3) The offeror's record of past performance;
(4) The offeror's record of business integrity;
(5) The offerors's possession of necessary organization, experience,
and technical skills, or the ability to obtain them;
(6) The offeror's possession of required facilities; and
(7) Any other special consideration involved in the instant
acquisition.
In some cases, these factors may duplicate evaluation criteria and
may be adequately addressed in the technical proposal instructions.
However, the contracting officer must ensure that they are covered in
both the business proposal instructions and the technical proposal
instructions.
(B) The contracting officer may determine that other administrative
data in the form of additional business or cost information is
necessary. Some examples of additional information include:
(1) A copy of the current agreement on indirect cost rates;
(2) A copy of the most recent financial statements;
(3) A discussion on the extent of proposed subcontracting with small
and disadvantaged business enterprises;
(4) A request for pricing or cost breakdown tailored to the instant
acquisition to provide information for a more thorough and complete cost
analysis; and
(5) A request for explicit instructions on pricing of options and
indivudal line items.
However, care should be taken to request additional information only
when necessary, to prevent excessive proposal preparation costs for
offerors.
(C) The following are required statements which must be included in
the RFP.
Your proposal must stipulate that it is predicated upon all the terms
and conditions of this RFP. In addition, it must contain a statement to
the effect that it is firm for a period of at least (insert number) days
from the date of receipt by the Government.
It is HHS policy that contractors provide all equipment and
facilities necessary for performance of contracts; however, in some
instances, an exception may be granted to furnish Government-owned
property or to authorize purchase with contract funds. If additional
equipment must be acquired, you must include in your proposal the
description and estimated cost of each item, and whether you propose to
furnish the item with your own funds.
You must identify all Government-owned property in your possession
and all property acquired from Federal funds, to which you have title,
that is proposed to be used in the performance of the prospective
contract.
The management and control of Government property must be in
accordance with HHS Publication (OS) 686 entitled, ''Contractor's Guide
for Control of Government Property (1990),'' a copy of which will be
provided upon request.
(c) Section M, Evaluation factors for award -- (1) General. (i) The
evaluation criteria must be developed by the project officer and
submitted to the contracting officer in the request for contract (RFC)
for inclusion in the RFP. Development of these criteria and the
assignment of the relative importance or weight to each criterion
require the exercise of judgment on a case-by-case basis because they
must be tailored to the requirements of the individual acquisition.
Since the criteria will serve as a standard against which all proposals
will be evaluated, it is imperative that they be chosen carefully to
emphasize those factors considered to be critical in the selection of a
contractor.
(ii) The finalized evaluation criteria and indications of their
relative importance or weights, as included in the RFP, cannot be
changed except by a formal amendment to the RFP issued by the
contracting officer. No factors other than those set forth in the RFP
shall be used in the evaluation of proposals.
(2) Review of evaluation criteria. (i) The evaluation criteria
should be reviewed by the contracting officer in terms of the work
statement. This review is not intended to dictate to the program office
or project officer, but rather to ensure that the evaluation criteria
are clear, concise, and fair so that all potential offerors are fully
aware of the bases for proposal evaluation and are given an equal
opportunity to compete.
(ii) The project officer and the contracting officer should then
review the evaluation criteria together to ascertain the following:
(A) The criteria are described in sufficient detail to provide the
offerors (and evaluators) with a total understanding of the factors to
be involved in the evaluation process;
(B) The criteria address the key programmatic concerns which the
offerors must be aware of in preparing proposals;
(C) The criteria are specifically applicable to the instant
acquisition and are not merely restatements of criteria from previous
acquisitions which are not relevant to this acquisition; and
(D) The criteria are selected to represent only the significant areas
of importance which must be emphasized rather than a multitude of
factors. (All criteria tend to lose importance if too many are
included. Using too many criteria will prove as detrimental as using too
few.)
(3) Examples of topics that form a basis for evaluation criteria.
Typical examples of topics that form a basis for the development of
evaluation criteria are listed in the following paragraphs. These
examples are intended to assist in the development of actual evaluation
criteria for a specific acquisition and should only be used if they are
applicable to that acquisition. They are not to be construed as actual
examples of evaluation criteria to be included in the RFP.
(i) Understanding of the problem and statement of work;
(ii) Method of accomplishing the objectives and intent of the
statement of work;
(iii) Soundness of the scientific or technical approach for executing
the requirements of the statement of work (to include, when applicable,
preliminary layouts, sketches, diagrams, other graphic representations,
calculations, curves, and other data necessary for presentation,
substantiation, justification, or understanding of the approach);
(iv) Special technical factors, such as experience or pertinent novel
ideas in the specific branch of science or technology involved;
(v) Feasibility and/or practicality of successfully accomplishing the
requirements (to include a statement and discussion of anticipated major
difficulties and problem areas and recommended approaches for their
resolution);
(vi) Availability of required special research, test, and other
equipment or facilities;
(vii) Managerial capability (ability to achieve delivery or
performance requirements as demonstrated by the proposed use of
management and other personnel resources, and to successfully manage the
project, including subcontractor and/or consultant efforts, if
applicable, as evidenced by the management plan and demonstrated by
previouis experience).
(viii) Availability, qualifications, experience, education, and
competence of professional, technical, and other personnel, to include
proposed subcontractors and consultants (as evidenced by resumes,
endorsements, and explanations of previous efforts); and
(ix) Soundness of the proposed staff time or labor hours, propriety
of personnel classifications (professional, technical, others),
necessity for type and quantity of material and facilities proposed,
validity of proposed subcontracting, and necessity of proposed travel.
(4) Relative importance or weight.
(i) A statement or indication of the relative importance or weight
must be assigned to each evaluation criterion to inform prospective
offerors (and evaluators) of the specific significance of each criterion
in comparsion to the other criteria. Similarly, if a criterion is
subdivided into parts, each of the parts must be assigned a statement or
indication of the relative importance or weight.
(ii) The two principal methods used to indicate the relative
importance or weight are the numerical score and adjective description.
The Department does not prescribe a single method for determining the
relative importance or weight, but recommends the use of the numerical
score method because it is more precise and informative. However, it is
recognized that in some instances the use of the adjective description
method be more appropriate and, hence, may be used when that
determination is made.
(iii) Cost or price is not generally included as one of the
evaluation criteria and is not assigned an indication of relative
importance or weight. However, a statement must be included in the RFP
to reflect the relationship of cost or price in comparison to the other
criteria. The contracting officer must ensure that this statement
accurately reflects the appropriate balance between cost or price and
the technical factors. The contracting officer and project officer
should work together in arriving at the final determination regarding
the relationship. The following are examples of statements that may be
used to reflect this relationship. However, since these examples
represent only the two extremes and the middle position, another
statement may be developed to reflect the relationship which applies to
the instant acquisition.
(A) You are advised that paramount consideration shall be given to
the evaluation of technical proposals rather then cost or price.
(B) You are advised that paramount consideration shall be given to
cost or price rather than the evaluation of technical proposals.
(C) You are advised that the evaluation of technical proposals and
cost or price are of approximately equal value.
(49 FR 13979, Apr. 9, 1984; 49 FR 36110, Sept. 14, 1984, as amended
at 53 FR 43207, Oct. 26, 1988; 54 FR 24343, June 7, 1989; 54 FR 43966,
Oct. 30, 1989; 56 FR 47003, Sept. 17, 1991)
48 CFR 315.407 Solicitation provisions.
(c)(2) The referenced provision (FAR 52.215-6, Type of Business
Organization) is a representation, has been included under Section K
(see 315.406-5(a)(2)(iii)), and need not be restated again.
(8) The provision at 352.215-12 shall be used in place of that
specified at FAR 52.215-12.
(g) The referenced provision (FAR 52.215-20, Place of Performance) is
to be considered a certification and is included under Section K (see
315.406-5(a)(2)(iv)); it need not be restated again.
(n) The contracting officer shall insert the provision at FAR
52.233-2, Service of Protest, in solicitations as required by FAR
33.106(a).
(49 FR 13979, Apr. 9, 1984, as amended at 54 FR 43966, Oct. 30, 1989;
57 FR 11690, Apr. 7, 1992)
48 CFR 315.408 Issuing solicitations.
The minimum proposal preparation or response time between the date of
distribution of a RFP and the date set for receipt of proposals shall
not be less than 30 calendar days.
(49 FR 13979, Apr. 9, 1984, as amended at 53 FR 43208, Oct. 26, 1988)
48 CFR 315.409 Pre-proposal conferences.
If a pre-proposal conference is to be held, the provision at
352.215-72 shall be included in the solicitation.
48 CFR 315.410 Amendment of solicitations before closing date.
For additional information on amendments to solicitations, see FAR
15.606.
48 CFR 315.413 Disclosure and use of information before award.
48 CFR 315.413-1 Alternate I.
The Department shall not use Alternate I procedures.
48 CFR 315.413-2 Alternate II.
The Department shall use the Alternate II procedures as modified in
this subsection and shall use the provision at 352.215-12, Restriction
on Disclosure and Use of Data, rather than the similar provision at FAR
15.215-12 (see 315.407(c)(8)). Any reference in the FAR to the provision
at FAR 52.215-12 shall apply to the provision at 352.215-12.
(b) The term ''data,'' as used in this section and in 352.215-12,
refers to trade secrets, business data, and technical data. Trade
secrets, within the meaning of 18 U.S.C. 1905, include, for example,
processes, formulas, and chemical compositions. Business data includes,
for example, commercial information, financial information, and cost and
pricing data. Technical data includes, for example, plans, designs,
suggestions, improvements and concepts.
The Department recognizes that requests for proposals may require the
offeror, including its prospective subcontractor(s), if any, to submit
data which the offeror does not want used or disclosed for any purpose
other than for evaluation of the proposal. Each proposal containing
data which the offeror desires to restrict must be marked on the cover
sheet by the offeror with the legend set forth at 352.215-12. Proposals,
or portions of proposals, so marked shall be handled in accordance with
the provisions of the legend.
(c) Contracting officers receiving proposals which contain
restrictive statements or legends not conforming to the referenced
provision at 352.215-12 must carefully evaluate the form and substance
of the restriction before making a determination to reject the proposal.
Deviations in form which do not compromise the Government's rights may
be accepted if approved by the activity's FOI official and the Office of
General Counsel, Business and Administrative Law Division.
(e) The Government notice shown in FAR 15.413-2(e) shall be used by
this Department and is to be placed on the cover sheet of each proposal
or quotation upon its receipt. The Government notice shall be completed
by adding the following to the end of the last sentence: ''HHSAR
paragraph 315.608-72.''
(f) The Department sometimes finds it necessary (and in some
instances is required by law) to seek evaluation of proposals outside
the Department (see 315.608(d)(6)). All conditions required by FAR
15.413-2(f) have been met and are covered in 315.608-72, Procedures for
handling and disclosing proposals. In regard to item (f)(1) of FAR
15.413-2, the Department has found that the procedure stated in the
first sentence of paragraph 315.608-72 is best and considers it in
compliance with the FAR requirement.
(g) See Subpart 324.2 for detailed procedures concerning FOIA
requests.
(49 FR 13979, Apr. 9, 1984; 49 FR 36110, Sept. 14, 1984, as amended
at 51 FR 44294, Dec. 9, 1986)
48 CFR 315.470 Review of RFP.
The principal official responsible for acquisition shall establish
procedures to ensure that an independent review of the RFP is made
between the time the synopsis is sent to the Commerce Business Daily
announcing the availability of the RFP and the release date of the RFP.
The individual selected to conduct the review must possess the
acquisition knowledge necessary to readily ascertain whether the RFP
contains the required information to be in conformance with all laws,
regulations, and internal procedures and instructions. The individual
selected to conduct the review must be a person other than the preparer
of the RFP.
(49 FR 13979, Apr. 9, 1984, as amended at 50 FR 23129, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 315.471 Annual submission of representations and certifications.
Each principal official responsible for acquisition (PORA) shall
determine whether to allow the use of the annual submission of
representations and certifications by offerors. If allowed, the
provisions of FAR 14.213 shall be followed.
(55 FR 13536, Apr. 11, 1990)
48 CFR 315.471 Subpart 315.5 -- Unsolicited Proposals
48 CFR 315.505 Content of unsolicited proposals.
(d) Certification by offeror -- To ensure against contacts between
Department employees and prospective offerors which would exceed the
limits of advance guidance set forth in FAR 15.504 resulting in an
unfair advantage to an offeror, the principal official responsible for
acquisition (or designee) shall ensure that the following certification
is furnished to the prospective offeror and the executed certification
is included as part of the resultant unsolicited proposal:
This is to certify, to the best of my knowledge and belief, that:
a. This proposal has not been prepared under Government supervision.
b. The methods and approaches stated in the proposal were developed
by this offeror.
c. Any contact with employees of the Department of Health and Human
Services has been within the limits of appropriate advance guidance set
forth in FAR 15.504.
d. No prior commitments were received from departmental employees
regarding acceptance of this proposal.
Date:
Organization:
Name:
Title:
(This certification shall be signed by a responsible official of the
proposing organization or a person authorized to contractually obligate
the organization.)
48 CFR 315.506 Agency procedures.
(a) The principal official responsible for acquisition is responsible
for establishing procedures to comply with FAR 15.506(a).
(b) The principal official responsible for acquisition or his/her
designee shall be the point of contact for coordinating the receipt and
handling of unsolicited proposals. Contacts made outside the
contracting activity shall be promptly coordinated with the principal
official responsible for acquisition or the designee.
48 CFR 315.506-1 Receipt and initial review.
(d) An unsolicited proposal shall not be refused consideration merely
because it was initially submitted as a grant application. However,
contracts shall not be awarded on the basis of unsolicited proposals
which have been rejected for grant support on the ground that they lack
scientific merit.
48 CFR 315.509 Limited use of data.
The legend, Use and Disclosure of Data, prescribed in FAR 15.509(a)
is to be used by the offeror to restrict the use of data for evaluation
purposes only. However, data contained within the unsolicited proposal
may have to be disclosed as a result of a request submitted pursuant to
the Freedom of Information Act. Because of this possibility, the
following notice shall be furnished to all prospective offerors of
unsolicited proposals whenever the legend is provided in accordance with
FAR 15.504(b)(7):
The Government will attempt to comply with the ''Use and Disclosure
of Data'' legend. However, the Government may not be able to withhold a
record (data, document, etc.) nor deny access to a record requested by
an individual (the public) when an obligation is imposed on the
Government under the Freedom of Information Act, 5 U.S.C. 552, as
amended. The Government's determination to withhold or disclose a
record will be based upon the particular circumstances involving the
record in question and whether the record may be exempted from
disclosure under the Freedom of Information Act. Records which the
offeror considers to be trade secrets and commercial or financial
information and privileged or confidential must be identified by the
offeror as indicated in the referenced legend.
48 CFR 315.509 Subpart 315.6 -- Source Selection
48 CFR 315.602 Applicability.
(b) This subpart does not apply to contracts for architect-engineer
services or contracts awarded to the Small Business Administration under
section 8(a) of the Small Business Act.
48 CFR 315.604 Responsibilities.
(d) Personnel participating in the evaluation process must not
discuss or reveal information concerning the evaluations except to an
individual participating in the same evaluation proceedings, and then
only to the extent that the information is required in connection with
the proceedings. Divulging information during the evaluation,
selection, and negotiation phases of the acquisition to offerors or to
personnel not having a need to know could jeopardize the resultant
award. Therefore, the contracting officer must instruct personnel
participating in the evaluations to observe these restrictions and
insure that all personnel understand that unauthorized disclosure of
information, no matter how innocent, could compromise the acquisition
process and is prohibited.
(e) Only the contracting officer or his/her authorized representative
within the contracting office shall conduct discussions with offerors
relative to any aspect of the acquisition.
48 CFR 315.605 Evaluation factors.
(e) The evaluation criteria included in the solicitation serve as the
standard against which all proposals are evaluated. Prospective
offerors rely upon the evaluation criteria in the solicitation in
developing proposals, and they must be assured that the evaluation is
conducted in accordance with those criteria. All personnel involved in
the evaluation process must make sure that the evaluation criteria
contained in the solicitation are the only criteria used in conducting
the evaluation. See FAR 15.406-5(c) and 315.406-5(c) for detailed
guidance on evaluation criteria.
48 CFR 315.607 Disclosure of mistakes before award.
(a) The contracting officer shall require that offerors'
clarifications are in writing.
(c)(3) The chief of the contracting office is authorized to make the
written determination permitting a correction of a mistake in a
proposal.
48 CFR 315.608 Proposal evaluation.
(a)(1) Cost of price evaluation. (See 315.608-77.)
(2) Technical evaluation. (See 315.608-75 and 76.)
(b) The determination required by FAR 15.608(b) shall be made by the
chief of the contracting office.
(50 FR 23130, May 31, 1985, and 50 FR 38004, Sept. 19, 1985, as
amended at 51 FR 44294, Dec. 9, 1986)
48 CFR 315.608-70 Technical evaluation plan.
(a) A technical evaluation plan may be required by the contracting
officer, at his/her discretion, when an acquisition is sufficiently
complex as to warrant a formal plan.
(b) The technical evaluation plan should include at least the
following:
(1) A list of technical evaluation panel members, their organizations
as well as a list of their major consulting clients (if applicable),
their qualifications, and curricula vitae (if available);
(2) A justification for using non-Government technical evaluation
panel members. (Justification is not required if non-Government
evaluators will be used in accordance with standard contracting activity
procedures or policies);
(3) A statement that there is no apparent or actual conflict of
interest regarding any panel member;
(4) A copy of each rating sheet, approved by the contracting officer,
to be used to assure consistency with the evaluation criteria; and
(5) A brief description of the general evaluation approach.
(c) The technical evaluation plan must be signed by an official
within the program office in a position at least one level above the
project officer or in accordance with contracting activity procedures.
(d) The technical evaluation plan should be submitted to the
contracting officer for review and approval before the solicitation is
issued. The contracting officer shall make sure that the principal
factors relating to the evaluation are reflected in the evaluation
criteria when conducting the review of the plan.
(50 FR 23130, May 31, 1985, and 50 FR 38004, Sept. 19, 1985)
48 CFR 315.608-71 Technical evaluation panel.
(a) General. (1) A technical evaluation panel is required for all
acquisitions applicable to this subpart which are expected to exceed
$300,000. The contracting officer has the discretion to require a
technical evaluation panel for acquisitions not exceeding $300,000 based
on the complexity of the acquisition.
(2) The technical evaluation process requires careful consideration
regarding the size, composition, expertise, and function of the
technical evaluation panel. The efforts of the panel can result in the
success or failure of the acquisition.
(b) Role of the project officer. (1) The project officer is the
contracting officer's technical representative for the acquisition
action. The project officer may be a voting member of the technical
evaluation panel, and may also serve as the chairperson of the panel,
unless prohibited by law or contracting activity procedures.
(2) The project officer is responsible for recommending panel members
who are knowledgeable in the technical aspects of the acquisition and
who are competent to identify strengths and weaknesses of the various
proposals. The program training requirements specified in 307.170 must
be adhered to when selecting prospective panel members.
(3) The project officer shall ensure that persons possessing
expertise and experience in addressing issues relative to sex, race,
national origin, and handicapped discrimination be included as panel
members in acquisitions which address those issues. The intent is to
balance the composition of the panel so that qualified and concerned
individuals may provide insight to other panel members regarding ideas
and approaches to be taken in the evaluation of proposals.
(4) The project officer is to submit the recommended list of panel
members to an official within the program office in a position at least
one level above the project officer or in accordance with contracting
activity procedures. This official will review the recommendations,
appoint the panel members, and select the chairperson.
(5) The project officer shall arrange for adequate and secure working
space for the panel.
(c) Role of the contracting officer. (1) the contracting officer is
the Department's official representative with delegated acquisition
authority to enter into and administer contracts. The term
''contracting officer,'' as used in this subpart, may be the contracting
officer or his/her designated representative within the contracting
office.
(2) The contracting officer shall not serve as a member of the
technical evaluation panel but should be available to:
(i) Address the initial meeting of the technical evaluation panel
(see 315.608-74(c));
(ii) Provide assistance to the evaluators as required; and
(iii) Ensure that the scores adequately reflect the written technical
evaluation report comments (see 315.608-76).
(d) Conflicts of interest. (1) If a panel member has an actual or
apparent conflict of interest related to a proposal under evaluation,
he/she shall be removed from the panel and replaced with another
evaluator. If a suitable replacement is not available, the panel shall
perform the review without a replacement.
(2) For the purposes of this subpart, conflicts of interest are
defined in the Department's Standards of Conduct set forth in 45 CFR
Part 73 which incorporates 5 CFR Part 737, Post Employment Conflict of
Interest. The Standards of Conduct shall be applicable to both in-house
personnel and outside evaluators serving on the technical evaluation
panel.
(e) Continuity of evaluation process. (1) The technical evaluation
panel is responsible for evaluating the original proposals, making
recommendations to the chairperson regarding clarifications and
deficiencies of proposals, and, if required by the contracting officer,
assisting the contracting officer during discussions and negotiations,
and reviewing supplemental, revised and/or ''best and final'' offers.
To the extent possible, the same evaluators should be available
throughout the entire evaluation and selection process to ensure
continuity and consistency in the treatment of proposals. The following
are examples of circumstances when it would not be necessary for the
technical evaluation panel to evaluate revised proposals submitted
during the acquisition:
(i) The answers to questions do not have a substantial impact on the
proposal (see 315.609(i));
(ii) The ''best and final'' offers are not materially different from
the original proposals; or
(iii) The rankings of the offerors are not affected because the
revisions to the proposals are relatively minor.
(2) The chairperson, with the concurrence of the contracting officer,
may decide not to have the panel evaluate the revised proposals.
Whenever this decision is made, it must be fully documented by the
chairperson and approved by the contracting officer.
(3) When technical evaluation panel meetings are considered necessary
by the contracting officer, the attendance of evaluators is mandatory.
When the chairperson determines that an evaluator's failure to attend
the meetings is prejudicial to the evaluation, the chairperson shall
replace the individual after discussing the situation with the
contracting officer and obtaining his/her concurrence and the approval
of the program official responsible for appointing the panel members
(see 315.608-71(b)(4)).
(4) Whenever continuity of the evaluation process is not possible,
and either new evaluators are selected or a reduced panel is decided
upon, each proposal which is being reviewed at any stage of the
acquisition shall be reviewed at that stage by all members of the
revised panel unless it is impractical to do so because of the receipt
of an unusually large number of proposals.
(f) Use of outside evaluators. (1) The technical evaluation panel
shall be composed of Government employees except when outside evaluators
possess a required expertise which is not available within the
Government, or as required by law.
(2) The National Institutes of Health (NIH) and the Alcohol, Drug
Abuse, and Mental Health Administration (ADAMHA) are required to have a
peer review of research and development contracts in accordance with
Pub. L. (Pub. L.) 93-352 as amended by Pub. L. 94-63; 42 U.S.C. 289
1-4. This legislation requires peer review of projects and proposals,
and not more than one-fourth of the members of a peer review group may
be officers or employees of the United States. NIH and ADAMHA are
therefore exempt from the provisions of 315.608-71 to the extent that 42
U.S.C. 289 1-4 applies.
(50 FR 23130, May 31, 1985, and 50 FR 38004, Sept. 19, 1985, as
amended at 53 FR 15563, May 2, 1988)
48 CFR 315.608-72 Procedures for handling and disclosing proposals.
(a) The procedures and notice specified in FAR 15.413-2 and 315.413-2
shall be used in handling solicited proposals and for disclosing
proposals outside the Government for evaluation purposes. (For
unsolicited proposals, see FAR 15.509 and 315.509.)
(b) Decisions to disclose proposals outside the Government for
evaluation purposes shall be made by the chief official having
programmatic responsibility for the acquisition, after consultation with
the contracting officer and in accordance with operating division
procedures. The decision to disclose either a solicited or unsolicited
proposal outside the Government for the purpose of obtaining an
evaluation shall take into consideration the avoidance of organizational
conflicts of interest and any competitive relationship between the
submitter of the proposal and the prospective evaluator(s).
(c) When it is determined to disclose a solicited proposal outside
the Government for evaluation purposes, the following or similar
conditions shall be included in the written agreement with the
evaluator(s) prior to disclosure (see FAR 15.413-2(f) and 315.413-2(f)).
Also, a review must be made to ensure that the notice required by FAR
15.413-2(e) is affixed to the proposal before it is disclosed to the
evaluator(s).
The evaluator agrees to use the data (trade secrets, business data,
and technical data) contained in the proposal only for evaluation
purposes.
This requirement does not apply to data obtained from another source
without restriction.
Any notice or legend placed on the proposal by either the Department
or the submitter of the proposal shall be applied to any reproduction or
abstract provided to the evaluator or made by the evaluator. Upon
completion of the evaluation, the evaluator shall return the
Government-furnished copy of the proposal or abstract, and all copies
thereof, to the Departmental office which initially furnished the
proposal for evaluation.
Unless authorized by the Department's initiating office, the
evaluator shall not contact the submitter of the proposal concerning any
apsects of its contents.
The evaluator will be obligated to obtain commitments from its
employees and subcontractors, if any, in order to effect the purposes of
these conditions.
(50 FR 23131, May 31, 1985, and 50 FR 38004, Sept. 19, 1985)
48 CFR 315.608-73 Receipt of proposals.
(a) After the closing date set by the solicitation for the receipt of
proposals, the contracting officer will use a transmittal memorandum to
forward the technical proposals to the project officer or chairperson
for evaluation. The business proposals will be retained by the
contracting officer for evaluation (see 315.608-77).
(b) The transmittal memorandum to the chairperson shall include at
least the following:
(1) A list of the names of the organizations submitting proposals;
(2) A reference to 315.604(d) on the need to preserve the integrity
of the source selection process;
(3) A requirement for a technical evaluation report in accordance
with 315.608-76; and
(4) The establishment of a date for receipt of the technical
evaluation report.
(50 FR 23131, May 31, 1985, and 50 FR 38004, Sept. 19, 1985)
48 CFR 315.608-74 Convening the technical evaluation panel.
(a) Normally, the technical evaluation panel will convene to evaluate
the proposals. However, there may be situations when the contracting
officer determines that it is not feasible for the panel to convene.
Whenever this decision is made, care must be taken to assure that the
technical review is closely monitored to produce acceptable results.
(b) When a panel is convened, the chairperson is responsible for the
control of the technical proposals provided to him/her by the
contracting officer for use during the evaluation process. The
chairperson will generally distribute the technical proposals at the
initial panel meeting and will establish procedures for securing the
proposals whenever they are not being evaluated to insure their
confidentiality. After the evaluation is complete, all proposals must
be returned to the contracting officer, destroyed or filed in an
appropriate manner to maintain the confidential nature of the data.
(c) The contracting officer shall address the initial meeting of the
panel and state the basic rules for conducting the evaluation. The
contracting officer shall provide written guidance to the panel if
he/she is unable to attend the initial panel meeting. The guidance
should include:
(1) An explanation of conflicts of interest (see 315.608-71(d));
(2) The necessity to read and understand the solicitation, especially
the statement of work and evaluation criteria, prior to reading the
proposals;
(3) The need for evaluators to restrict the review to only the
solicitation and the contents of the technical proposals;
(4) The need for each evaluator to review all the proposals;
(5) The need to watch for ambiguities, inconsistencies, errors, and
deficiencies which should be surfaced during the evaluation process;
(6) An explanation of the evaluation process and what will be
expected of the evaluators throughout the process;
(7) The need for the evaluators to be aware of the requirement to
have complete written documentation of the individual strengths and
weaknesses which affect the scoring of the proposals; and
(8) An instruction directing the evaluators that, until the award is
made, information concerning the acquisition must not be disclosed to
any person not directly involved in the evaluation process.
(50 FR 23131, May 31, 1985, and 50 FR 38004, Sept. 19, 1985)
48 CFR 315.608-75 Rating and ranking of proposals.
The evaluators will individually read each proposal, describe
tentative strengths and weaknesses, and develop preliminary scores in
relation to each evaluation criterion set forth in the solicitation.
The evaluators will use the rating sheets either in the technical
evaluation plan or approved by the contracting officer when a technical
evaluation plan is not required (see 315.608-70). After this has been
accomplished, the evaluators shall discuss in detail the individual
strengths and weaknesses described by each evaluator and, if possible,
arrive at a common understanding of the major strengths and weaknesses
and the potential for correcting each offeror's weakness(es). Each
evaluator will score each proposal, and then the technical evaluation
panel will collectively rank the proposals. Generally, ranking will be
determined by adding the numerical scores assigned to the evaluation
criteria and finding the average for each offeror. The evaluators
should then identify whether each proposal is acceptable or
unacceptable. Predetermined cutoff scores shall not be employed.
(50 FR 23131, May 31, 1985, and 50 FR 38004, Sept. 19, 1985)
48 CFR 315.608-76 Technical evaluation report.
A technical evaluation report shall be prepared and furnished to the
contracting officer by the chairperson and maintained as a permanent
record in the contract file. The report must reflect the ranking of the
proposals and identify each proposal as acceptable or unacceptable in
accordance with 315.608-75. The report must also include a narrative
evaluation specifying the strengths and weaknesses of each proposal, a
copy of each rating sheet, and any reservations, qualifications, or
areas to be addressed that might bear upon the selection of sources for
negotiation and award. Concrete technical reasons supporting a
determination of unacceptability with regard to any proposal must be
included. The report should also include specific points and questions
which are to be raised in discussions or negotiations.
(50 FR 23132, May 31, 1985, and 50 FR 38004, Sept. 19, 1985)
48 CFR 315.608-77 Evaluation of business proposals.
(a) The contracting officer shall evaluate the business proposals
concurrently with the evaluation of the technical proposals. The
contracting officer must adhere to the requirements for cost or price
analysis included in FAR 15.805-1 for each business proposal in the
competitive range. An audit report may be required in accordance with
FAR 15.805-5 and 315.805-5. The contracting officer must determine the
extent of analysis in each case depending on the amount of the proposal,
the technical complexity and related cost or price, and cost realism.
The contracting officer should request the project officer to analyze
such items as the number of labor hours proposed for various labor
categories; the mix of labor hours and categories of labor in relation
to the technical requirements of the project; the kinds and quantities
of material, equipment, and supplies; types, numbers, and hours/days of
proposed consultants; logic of proposed subcontracting; analysis of
the travel proposed including number of trips, locations, purpose, and
travelers; and kinds and quantities of data processing. The project
officer shall provide his/her opinion as to whether these elements are
necessary and reasonable for efficient contract performance. Exceptions
to proposed elements shall be supported by adequate rationale to allow
for effective negotiations. The contracting officer should also request
the assistance of a cost/price analyst when considered necessary. In
all cases, the negotiation memorandum (see 315.672) must include the
rationale used in determining that the price or cost is fair and
reasonable.
(b) The contracting officer must appraise the management capability
of the offeror to perform the required work in a timely manner. In
making this appraisal, the contracting officer should consider factors
such as the offeror's management organization, past performance,
reputation for reliability, availability of the required facilities, and
cost controls. This information is to be used by the contracting
officer to determine the offeror's responsibility.
(50 FR 23132, May 31, 1975, and 50 FR 38004, Sept. 19, 1985)
48 CFR 315.609 Competitive range.
(a) A proposal must be included in the competitive range unless there
is no real possibility that it can be improved to the point where it
becomes the most acceptable.
(e) In certain circumstances, when deciding which proposals should be
included in the competitive range, the contracting officer may request
that the technical evaluation panel review the cost or price data.
Typical situations which may necessitate this review include a suspected
''buy-in,'' large differences in cost or price among the proposals,
proposals receiving high technical ratings which have relatively high
costs, and proposals receiving low technical ratings which have
relatively low costs. The resultant comparison of cost or price to
technical factors and the determination of cost or price realism should
assist the contracting officer in deciding which proposals are to be
included in the competitive range.
(f) All determinations regarding the inclusion or exclusion of
proposals in the competitive range must be completely documented,
including the salient reasons for the determinations, and set forth in
the negotiation memorandum.
(g) Some of the factors which the contracting officer should consider
in determining the competitive range are:
(1) The relative importance of cost or price as compared to technical
factors in accordance with the solicitation provisions required in
315.406-5(c);
(2) The susceptibility of significantly reducing a proposal with an
unreasonable high price or cost without undermining the technical merit
if the offeror otherwise has a reasonable chance to receive an award;
and
(3) The likelihood of reducing cost or price of a proposal which
exceeds the Government's requirements.
(h) The contacting officer shall conduct a thorough review of the
technical evaluation report to be assured that:
(1) All determinations of unacceptability are supported by concrete
and comprehensive statements that are factual and convincing and are
consistent with the evaluation criteria set forth in the solicitation.
Every statement should be reviewed carefully to eliminate any doubts as
to the unacceptability of a proposal;
(2) All recommendations to exclude proposals from the competitive
range are supported by persuasive rationale and sufficient facts to
substantiate a judgment that meaningful discussions are not possible or
there is no reasonable chance of the proposal being selected for award;
(3) Those cases where only one organization is found to be
technically acceptable are fully scrutinized; and
(4) Unacceptable proposals contain ''information'' deficiencies which
are so material as to preclude any possibility of upgrading the proposal
to a competitive level except through major revisions and additions
which would be tantamount to the submission of another proposal.
(i) The contracting officer and project officer should discuss the
uncertainties and/or deficiencies that are included in the technical
evaluation report for each proposal in the competitive range. Technical
questions should be developed by the project officer and/or the
technical evaluation panel and should be included in the technical
evaluation report. The management and cost or price questions should be
prepared by the contracting officer with assistance from the project
officer and/or panel as required. The method of requesting offerors in
the competitive range to submit the additional information will vary
depending on the complexity of the questions, the extent of additional
information requested, the time needed to analyze the responses, and the
time frame for making the award. However, to the extent practicable,
all questions and answers should be in writing. Each offeror in the
competitive range shall be given an equitable period of time for
preparation of responses to questions to the extent practicable. The
questions should be developed so as to disclose the ambiguities,
uncertainties, and deficiencies of the offeror (see FAR 15.610(c)).
48 CFR 315.610 Written or oral discussions.
(b) The contracting officer, with the support of personnel who
evaluated the technical proposals, and, if necessary, cost analysts,
attorneys, etc., must conduct written or oral discussions with all
responsible offerors within the competitive range.
(d) Careful judgment must be exercised in determining the extent of
discussions. In some cases, more than one round of discussions with all
the offerors within the competitive range may be required. The time
available, the expense and administrative limitations, and the
complexity, size, and significance of the acquisition should all be
considered in deciding on the type, duration, and depth of the
discussions.
48 CFR 315.611 Best and final offers.
(b)(5) Notice that confirmation of a prior offer should be
specifically stated as a final offer; and
(6) Notice that all revisions to former offers should be submitted on
Standard Form 1411, Contract Pricing Proposal Cover Sheet, and should be
fully documented.
(c) ''Best and final'' offers are subject to a final evaluation of
price or cost and other salient factors by the contracting officer and
project officer with assistance from a cost/price analyst, and an
evaluation of technical factors by the technical evaluation panel, as
necessary. Proposals may be technically rescored and reranked by the
technical evaluation panel and a technical evaluation report prepared.
To the extent practicable, the evaluation shall be performed by the same
evaluators who reviewed the original proposals (see 315.670 -- ).
(e) Of particular importance in the award of research or development
contracts, including those with educational institutions, is the
competence of key personnel in the specific field of science or
technology involved, as reflected in the proposal. However, awards
should not be made for research and development capabilities that exceed
those needed for the successful performance of the particular project.
48 CFR 315.670 Negotiation with the selected source.
(a) After selection of the successful proposal, a limited negotiation
with the selected offeror may be conducted if deemed necessary.
However, no factor which could have any effect on the selection process
may be introduced into the negotiation after the common cutoff date for
receipt of best and final offers. The negotiation shall not in any way
prejudice the competitive interests or right of the unsuccessful
offerors. Negotiations with the selected offeror shall be restricted to
definitizing the final agreement on terms and conditions; e.g.,
assuming none of these factors were involved in the selection process,
negotiation could include such topics as payment provisions, patent
rights, rights in data, property provisions, labor rates, indirect cost
rates, and fees. Prior to conducting the limited negotiation, the
contracting officer shall approve a written determination citing both
the specific issues to be discussed and the rationale showing that the
negotiations shall not have any effect on the selection process.
(b) Caution must be exercised by the contracting officer to insure
that the negotiation is not used to change the requirement contained in
the solicitation, nor to make any other changes which would impact on
the source selection decision. Whenever a material change occurs in the
requirements as a result of the negotiation, the competition must be
reopened and all offerors submitting ''best and final'' offers must be
given an opportunity to resubmit proposals based on the revised
requirements. Whenever there is a question as to whether a change is
material, the contracting officer should obtain the advice of technical
personnel and legal counsel before reopening the competition.
Significant changes in the offeror's cost proposal may also necessitate
a reopening of competition if such changes alter the factors involved in
the original selection process.
(c) Should negotiations beyond those specified in (a) above be
required for any reason, discussions must be reopened with all offerors
submitting ''best and final'' offers.
(d) Upon completion of the negotiation, the contracting officer shall
obtain a confirmation letter from the successful offeror which includes
any revisions to the technical proposal, the agreed to price or cost,
and, as applicable, a certificate of current cost or pricing data.
(49 FR 13979, Apr. 9, 1984, 49 FR 36110, Sept. 14, 1984)
48 CFR 315.671 Post negotiation contract preparation and award.
(a) The contracting officer must perform the following actions after
negotiations have been completed:
(1) Prepare the negotiation memorandum in accordance with 315.672;
(2) Prepare the contract containing all agreed to terms and
conditions and clauses required by law or regulation;
(3) Include in the contract file the pertinent documents referenced
in FAR 4.803; and
(4) Obtain the appropriate approval of proposed contract awards in
accordance with Subpart 304.71 and contracting activity procedures.
(b) After receiving the required approvals, the contract should be
transmitted to the prospective contractor for signature. The
prospective contractor must be informed that the contract is not
effective until accepted by the contracting officer.
(c) The contract shall not be issued until the finance office
certifies that the funds are available for obligation.
48 CFR 315.672 Preparation of negotiation memorandum.
The negotiation memorandum or summary of negotiations is a complete
record of all actions leading to award of a contract and is prepared by
the contract negotiator. It should be in sufficient detail to explain
and support the rationale judgments, and authorities upon which all
actions were predicated. The memorandum will document the negotiation
process and reflect the negotiator's actions, skills, and judgments in
concluding a satisfactory agreement for the Government. Negotiation
memorandums shall contain discussion of the following or a statement of
nonapplicability; however, information already contained in the
contract file need not be reiterated. A reference to the document which
contains the required information is satisfactory.
(a) Description of articles and services and period of performance.
A description of articles and services, quantity, unit price, total
contract amount, and period of contract performance should be set forth
(if Supplemental Agreement -- show previous contract amount as revised,
as well as information with respect to the period of performance).
(b) Acquisition planning. Summarize any acquisition planning
activities that have taken place. Include items such as meetings with
program and staff personnel and the development of acquisition planning
schedules.
(c) Synopsis of proposed acquisition. A statement as to whether the
acquisition has or has not been publicized in accordance with FAR
Subpart 5.2. A brief statement of explanation should be included with
reference to the specific basis for exemption under the FAR, if
applicable.
(d) Contract type. Provide sufficient detail to support the type of
contractural instrument recommended for the acquisition and cite any
required D & F. If the contract is a cost-sharing type, explain the
essential cost-sharing features.
(e) Extent of competition. The extent to which full and open
competition was solicited and obtained must be discussed. The
discussion shall include the date of solicitation, sources solicited,
and solicitation results. If a late proposal was received, discuss
whether or not the late proposal was evaluated and the rationale for the
decision. If the acquisition is to be awarded without full and open
competition, discuss the rationale for the decision.
(f) Technical evaluation. Summarize the results presented in the
technical evaluation report and delineate the basis of acceptability or
unacceptability of the proposals from a technical standpoint.
Discussion should be in nontechnical terms.
(g) Business evaluation. Summarize the results presented in the
business report and delineate the basis for the determination of
acceptability or unacceptability of the buinsess proposals.
(h) Competitive range. If full and open competition, describe how
the zone of consideration or competitive range was determined and state
the offerors who were included in the competitive range and the ones who
were not. Explain why any offeror who submitted a technically
acceptable proposal was not included in further discussions. Comment on
any changes made in the offeror's proposal as a result of the
discussions.
(i) Cost breakdown and analysis. Include a complete cost breakdown
together with the negotiator's analysis of the estimated cost by
individual cost elements. The negotiator's analysis should contain such
information as:
(1) A comparison of cost factors proposed in the instant case with
actual cost factors used in earlier contracts, using the same cost
centers of the same supplier or cost centers or other sources having
recent contracts for the same or similar item.
(2) Any pertinent Government-conducted audit of the proposed
contractor's records of any pertinent cost advisory report (see FAR
15.805).
(3) Any pertinent technical evaluation inputs as to necessity,
allocability and reasonableness of labor, material and other direct
expenses.
(4) Any other pertinent information to fully support the basis for
and rationale of the cost analysis.
(5) If the contract is an incentive type, discuss the rationale for
the following:
(i) Cost-plus-award-fee.
(A) Base fee.
(B) Maximum fee.
(C) Award fee.
(ii) Cost-plus-incentive-fee.
(A) Minimum fee.
(B) Target fee.
(C) Maximum fee.
(D) Incentives relative to performance and/or delivery.
(E) Sharing ratios.
(iii) Fixed-price incentives.
(A) Target profit.
(B) Target price.
(C) Ceiling price.
(D) Sharing rations.
(E) Incentives relative to performance and/or delivery.
(6) A justification of the reasonableness of the proposed
contractor's estimated profit or fixed fee, considering such factors as
any competitive elements, established efficiency or performance, extent
of the risk assumed by the proposed contractor, character of the
proposed contractor's normal business, the extent of subcontracting in
the instant case and the reasons, capital employed, and other factors as
are appropriate, including type of organization.
(j) Government-furnished property and Government-provided facilities.
With respect to Government-furnished material or Government-provided
facilities, equipment, tooling, or other property, include the
following: (A separate D & F is required for facilities construction.)
(1) Where no property is to be provided, a statement to that effect.
(2) Where property is to be provided, a full description, the
estimated dollar value, the basis of price comparison with competitors,
and the basis of rental charge, if rental is involved.
(3) Where the furnishing of any property or the extent has not been
determined and is left open for future resolution, a detailed
explanation.
(k) Negotiations. Include a statement as to the date and place
negotiations were conducted, and identify members of both the Government
and contractor negotiating teams by area of responsibility. Include
negotiation details relative to the statement of work, terms and
conditions, and special provisions. The results of cost or price
negotiations must include the information required by FAR 31.109 and
15.808. In addition, if cost or pricing data was required to be
submitted and certified, the negotiation record must also contain the
extent to which the contracting officer relied upon the factual cost or
pricing data submitted and used in negotiating the cost or price.
(l) Other considerations. Include coverage of areas such as:
(1) Financial data with respect to a contractor's capacity and
stability.
(2) Determination of contractor responsibility.
(3) Details as to why the method of payment, such as progress
payment, advance payment, etc., is necessary. Also cite any required D
& F's.
(4) Information with respect to obtaining of a certificate of current
cost or pricing data.
(5) Other required special approvals, such as those referenced in
307.105-2.
(6) If the contract represents an extension of previous work, the
status of funds and performance under the prior contract(s) should be
reflected. Also, a determination should be made that the Government has
obtained enough actual or potential value from the work previously
performed to warrant continuation with the same contractor. (Project
officer should furnish the necessary information.)
(7) If the contract was awarded by full and open competition state
where the unsuccessful offerors' proposals are filed.
(8) State that equal opportunity provisions of the proposed contract
have been explained to the contractor, and it is aware of its
responsibilities. Also state whether or not a clearance is required.
(9) If the contract is for services, a statement must be made, in
accordance with FAR 37.103 and 337.103, that the services to be acquired
are nonpersonal in nature.
(m) Terms and conditions. Identify the general provisions and any
special clauses and conditions that are contained in the contract, such
as option arrangements, incremental funding, anticipatory costs,
deviations from the standard clauses, etc. The basis and rationale for
inclusion of any special terms and conditions must be stated and, where
applicable, the document which granted approval for its use identified.
(n) Recommendation. A brief statement setting forth the
recommendations for award.
(o) Signature. The memorandum must be signed by the contract
negotiator who prepared the memorandum.
(49 FR 13979, Apr. 9, 1984, as amended at 50 FR 23132, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 315.672 Subpart 315.8 -- Price Negotiation
315.804 Cost or pricing data.
(51 FR 44294, Dec. 9, 1986)
48 CFR 315.804-3 Exemptions from or waiver of submission of certified
cost or pricing data.
(i) Waiver for exceptional cases. The authority referenced in FAR
15.804-3(i) may be delegated to the principal official responsible for
acquisition.
(51 FR 44294, Dec. 9, 1986)
48 CFR 315.805 Proposal analysis.
48 CFR 315.805-5 Field pricing support.
(2) When some or all information sufficient to determine the
reasonableness of the proposed cost or price is already available or can
be obtained by phone from the cognizant audit agency, contracting
officers may request less-than-complete field pricing support
(specifying in the request the information needed) or may waive in
writing the requirement for audit and field pricing support by
documenting the file to indicate what information is to be used instead
of the audit report and the field pricing report.
(c)(1) When initiating audit and field pricing support, the
contracting officer shall do so by sending a request to the cognizant
administrative contracting officer (ACO), with an information copy to
the cognizant audit office. When field pricing support is not
available, the contracting officer shall initiate an audit by sending,
in accordance with agency procedures, two (2) copies of the request to
the OIG Office of Audits' Regional Audit Director. In both cases, the
contracting officer shall, in the request:
(i) Prescribe the extent of the support needed;
(ii) State the specific areas for which input is required;
(iii) Include the information necessary to perform the review (such
as the offeror's proposal and the applicable portions of the
solicitations, particularly those describing requirements and delivery
schedules);
(iv) Provide the complete address of the location of the offeror's
financial records that support the proposal;
(v) Identify the office having audit responsibility if other than an
HHS Regional Audit Office; and
(vi) Specify a due date for receipt of a verbal report to be followed
by a written audit report. (If the time available is not adequate to
permit satisfactory coverage of the proposal, the auditor shall so
advise the contracting officer and indicate the additional time needed.)
Normally, the Office of Audits will need 30 days after receipt of the
proposal for submission of oral results. However, the Office of Audits'
ability to conduct reviews by the due date will be influenced by the
OPDIV's ability to properly plan its acquisitions. If the Office of
Audits requires additional time to conduct the review, the contracting
officer has the option, at the time the auditor acknowledges receipt of
the request, to accept the revised due date or cancel the request and
use cost advisory services within the agency to satisfy the requirement.
In such cases, the contracting officer shall immediately advise the
OIG/OA/Regional Audit Director and the OIG/OA/Division of Audit
Coordination (OIG/OA/DAC) of the revised due date or cancellation of the
request.
(4) One copy of the audit request letter that was submitted to the
Regional Audit Director and a complete copy of the contract price
proposal shall be submitted to OIG/OA/DAC.
(5) Whenever, an audit review has been conducted by the Office of
Audits, two (2) copies of the memorandum of negotiation shall be
forwarded to OIG/OA/DAC by the contracting officer (see FAR 15.808(b)).
48 CFR 315.805-5 Subpart 315.9 -- Profit
48 CFR 315.900 Scope of subpart.
This subpart --
(c) Prescribes a structured approach for establishing the profit or
fee portion of the Government prenegotiation objective in all contracts
requiring cost analysis except as stated in 315.905-70(b). The profit
analysis factors set forth at FAR 15.905 shall be used in all excepted
contracts requiring cost analysis.
48 CFR 315.905-70 Structured approach.
(a) General. (1) The structured approach for determining profit or
fee (hereafter referred to as profit) provides contracting officers with
a technique that will ensure consideration of the relative value of the
appropriate profit factors described in 315.905-71 in the establishment
of a profit objective for the conduct of negotiations. The contracting
officer's analysis of these profit factors is based on information
available to him/her prior to negotiations. Such information is
furnished in proposals, audit data, assessment reports, preaward surveys
and the like. The structured approach also provides a basis for
documentation of this objective, including an explanation of any
significant departure from this objective in reaching an agreement. The
extent of documentation should be directly related to the dollar value
and complexity of the proposed acquisition.
(2) The negotiation process does not require agreement on either
estimated cost elements or profit elements. The profit objective is a
part of an overall negotiation objective which, as a going-in objective,
bears a distinct relationship to the cost objective and any proposed
sharing arrangement. Since profit is merely one of several interrelated
variables, the Government negotiator generally should not complete the
profit negotiation without simultaneously agreeing on the other
variables. Specific agreement on the exact weights or values of the
individual profit factors is not required and should not be attempted.
(b) Exceptions. (1) The profit-analysis factors set forth at FAR
15.905 shall be used for establishing profit objectives under the
following listed circumstances. Generally, it is expected that this
method will be supported in a manner similar to that used in the
structured approach (profit factor breakdown and documentation of the
profit objective); however, factors within FAR 15.905 considered
inapplicable to the acquisition will be excluded from the profit
objective.
(i) Contracts not expected to exceed $100,000;
(ii) Architect-engineer contracts;
(iii) Management contracts for operation and/or maintenance of
Government facilities;
(iv) Construction contracts;
(v) Contracts primarily requiring delivery of material supplies by
subcontractors;
(vi) Termination settlements; and
(vii) Cost-plus-award-fee contracts (However, contracting officers
may find it advantageous to perform a structured profit analysis as an
aid in arriving at an appropriate fee arrangement).
(2) Other exceptions may be made in the negotiation of contracts
having unusual pricing situations. Such exceptions shall be justified
in writing by the contracting officer in situations where the structured
approach is determined to be unsuitable.
(c) Limitation. The maximum profit objective shall be the percentage
allowed pursuant to statute or regulation (see FAR 15.903(d)).
(d) Profit objective. (1) A profit objective is that part of the
estimated contract price objective or value which, in the judgment of
the contracting officer, constitutes an appropriate amount of profit for
the acquisition being considered. This objective should realistically
reflect the total overall task to be performed and the requirements
placed on the contractor.
(2) Development of a profit objective should not begin until the
following actions have been accomplished:
(i) A thorough review of proposed contract work;
(ii) A review of all available knowledge regarding the contractor
pursuant to FAR Subpart 9.1, including audit data, preaward survey
reports and financial statements, as appropriate; and
(iii) An analysis of the contractor's cost estimate and comparison
with the Government's estimate or projection of cost.
48 CFR 315.905-71 Profit factors.
(a) The following factors shall be considered in all cases in which
profit is to be negotiated. The weight ranges listed after each factor
shall be used in all instances where the structured approach is used.
(b) Under the structured approach, the contracting officer shall
first measure ''Contractor Effort'' by the assignment of a profit
percentage within the designated weight ranges to each element of
contract cost recognized by the contracting officer. The amount
calculated for the cost of money for facilities capital is not to be
included for the computation of profit as part of the cost base.
(c) The suggested categories under ''Contractor Effort'' are for
reference purposes only. Often individual proposals will be in a
different format, but since these categories are broad and basic, they
provide sufficient guidance to evaluate all other items of cost.
(d) After computing a total dollar profit for ''Contractor Effort,''
the contracting officer shall then calculate the specific profit dollars
assigned for cost risk, investment, performance, socioeconomic programs,
and special situations. This is accomplished by multiplying the total
Government Cost Objective, exclusive of any cost of money for facilities
capital, by the specific weight assigned to the elements within the
''Other Factors'' category. Form HHS-674, Structured Approach
Profit/Fee Objective, should be used, as appropriate, to facilitate the
calculation of this profit objective. Form HHS-674 is illustrated in
353.370-674.
(e) In making a judgment of the value of each factor, the contracting
officer should be governed by the definition, description, and purpose
of the factors together with considerations for evaluating them as set
forth in 315.905-72 and 315.905-73.
(f) The structured approach was designed for arriving at profit
objectives for other than nonprofit organizations. However, if
appropriate adjustments are made to reflect differences between profit
and nonprofit organizations, the structured approach can be used as a
basis for arriving at profit objectives for nonprofit organizations.
Therefore, the structured approach, as modified in paragraph (f)(2)
below, shall be used to establish profit objectives for nonprofit
organizations.
(1) For purposes of this section, nonprofit organizations are defined
as those business entities organized and operated exclusively for
charitable, scientific, or educational purposes, no part of the net
earnings of which inure to the benefit of any private shareholder or
individual, and which are exempt from Federal income taxation under
Section 501 of the Internal Revenue Code.
(2) For contracts with nonprofit organizations where profit is
involved, an adjustment of up to 3 percentage points will be subtracted
from the total profit objective percentage. In developing this
adjustment, it will be necessary to consider the following factors:
(i) Tax position benefits;
(ii) Granting of financing through advance payments; and
(iii) Other pertinent factors which may work to either the advantage
or disadvantage of the contractor in its position as a nonprofit
organization.
(49 FR 13979, Apr. 9, 1984, as amended at 53 FR 15563, May 2, 1988;
56 FR 47003, Sept. 17, 1991)
48 CFR 315.905-72 Contractor effort.
(a) General. Contractor effort is a measure of how much the
contractor is expected to contribute to the overall effort necessary to
meet the contract performance requirement in an efficient manner. This
factor, which is apart from the contractor's responsibility for contract
performance, takes into account what resources are necessary and what
the contractor must do to accomplish a conversion of ideas and material
into the final service or product called for in the contract. This is a
recognition that within a given performance output, or within a given
sales dollar figure, necessary efforts on the part of individual
contractors can vary widely in both value and quantity, and that the
profit objective should reflect the extent and nature of the
contractor's contribution to total performance. A major consideration,
particularly in connection with experimental, developmental, or research
work, is the difficulty or complexity of the work to be performed, and
the unusual demands of the contract, such as whether the project
involves a new approach unrelated to existing technology and/or
equipment or only refinements to these items. The evaluation of this
factor requires an anaylsis of the cost content of the proposed contract
as follows:
(1) Material acquisition. (Subcontracted items, purchased parts, and
other material.) Analysis of these cost items shall include an
evaluation of the managerial and technical effort necessary to obtain
the required subcontracted items, purchased parts, material or services.
The contracting officer shall determine whether the contractor will
obtain the items or services by routine order from readily available
sources or by detailed subcontracts for which the prime contractor will
be required to develop complex specifications. Consideration shall also
be given to the managerial and technical efforts necessary for the prime
contractor to select subcontractors and to perform subcontract
administration functions. In application of this criterion, it should
be recognized that the contribution of the prime contractor to its
purchasing program may be substantial. Normally, the lowest unadjusted
weight for direct material is 2 percent. A weighting of less than 2
percent would be appropriate only in unusual circumstances when there is
a minimal contribution by the contractor.
(2) Direct Labor (Professional, service, manufacturing and other
labor). Analysis of the various labor categories of the cost content of
the contract should include evaluation of the comparative quality and
quantity of professional and semiprofessional talents, manufacturing and
service skills, and experience to be employed. In evaluating
professional and semiprofessional labor for the purpose of assigning
profit dollars, consideration should be given to the amount of notable
scientific talent or unusual or scarce talent needed in contrast to
nonprofessional effort. The assessment should consider the contribution
this talent will provide toward the achievement of contract objectives.
Since nonprofessional labor is relatively plentiful and rather easily
obtained by the contractor and is less critical to the successful
performance of contract objectives, it cannot be weighted nearly as high
as professional or semiprofessional labor. Service contract labor
should be evaluated in a like manner by assigning higher weights to
engineering or professional type skills and lower weights to
semiprofessional or other type skills required for contract performance.
Similarly, the variety of manufacturing and other categories of labor
skills required and the contractor's manpower resources for meeting
these requirements should be considered. For purposes of evaluation,
categories of labor (i.e., quality control, receiving and inspection,
etc.) which do not fall within the definition for professional, service
or manufacturing labor may be categorized as appropriate. However, the
same evaluation considerations as outlined above will be applied.
(3) Overhead and general management (G&A). (i) Analysis of these
overhead items of cost should include the evaluation of the makeup of
these expenses and how much they contribute to contract performance. To
the extent practicable, analysis should include a determination of the
amount of labor within these overhead pools and how this labor would be
treated if it were considered as direct labor under the contract. The
allocable labor elements should be given the same profit considerations
that they would receive if they were treated as direct labor. The other
elements of these overhead pools should be evaluated to determine
whether they are routine expenses, such as utilities and maintenance,
and hence given lesser profit consideration, or whether they are
significant contributing elements. The composite of the individual
determinations in relation to the elements of the overhead pools will be
the profit consideration given the pools as a whole. The procedure for
assigning relative values to these overhead expenses differs from the
method used in assigning values of the direct labor. The upper and
lower limits assignable to the direct labor are absolute. In the case
of overhead expenses, individual expenses may be assigned values outside
the range as long as the composite ratio is within the range.
(ii) It is not necessary that the contractor's accounting system
break down overhead expenses within the classifications of research
overhead, other overhead pools, and general administrative expenses,
unless dictated otherwise by Cost Accounting Standards (CAS). The
contractor whose accounting system reflects only one overhead rate on
all direct labor need not change its system (if CAS exempt) to
correspond with the above classifications. The contracting officer, in
an evaluation of such a contractor's overhead rate, could break out the
applicable sections of the composite rate which could be classified as
research overhead, other overhead pools, and general and administrative
expenses, and follow the appropriate evaluation technique.
(iii) Management problems surface in various degrees and the
management expertise exercised to solve them should be considered as an
element of profit. For example, a contract for a new program for
research or an item which is on the cutting edge of the state of the art
will cause more problems and require more managerial time and abilities
of a higher order than a follow-on contract. If new contracts create
more problems and require a higher profit weight, follow-ons should be
adjusted downward because many of the problems should have been solved.
In any event, an evaluation should be made of the underlying managerial
effort involved on a case-by-case basis.
(iv) It may not be necessary for the contracting officer to make a
separate profit evaluation of overhead expenses in connection with each
acquisition action for substantially the same project with the same
contractor. Where an analysis of the profit weight to be assigned to
the overhead pool has been made, that weight assigned may be used for
future acquisitions with the same contractor until there is a change in
the cost composition of the overhead pool or the contract circumstances,
or the factors discussed in (iii) above are involved.
(b) Other costs. Analysis of this factor should include all other
direct costs associated with contractor performance (e.g., travel and
relocation, direct support, and consultants). Analysis of these items
of cost should include:
(1) The significance of the cost of contract performance;
(2) Nature of the cost; and
(3) How much they contribute to contract performance. Normally,
travel costs require minimal administrative effort by the contractor
and, therefore, usually receive a weight no greater than 1 percent.
Also, the contractor may designate individuals as ''consultants'' but in
reality these individuals may be obtained by the contractor to
supplement its workforce in the performance of routine duties required
by contract. These costs would normally receive a minimum weight.
However, there will be instances when the contractor may be required to
locate and obtain the services of consultants having expertise in such
fields as medicine or human services. In these instances, the
contractor will be required to expend greater managerial and technical
effort to obtain such services and, consequently, such costs should
receive a much greater weight.
48 CFR 315.905-73 Other factors.
(a) Contract cost risk. The contract type employed basically
determines the degree of cost risk assumed by the contractor. For
example, where a portion of the risk has been shifted to the Government
through cost-reimbursement provisions, unusual contingency provisions,
or other risk-reducing measures, the amount of profit should be less
than where the contractor assumes all the risk. In developing the
prenegotiation profit objective, the contracting officer will need to
consider the type of contract anticipated to be negotiated and the
contractor risk associated therewith when selecting the position in the
weight range for profit that is appropriate for the risk to be borne by
the contractor. This factor should be one of the most important in
arriving at prenegotiation profit objectives.
(1) Evaluation of this risk requires a determination of:
(i) The degree of cost responsibility the contractor assumes;
(ii) The reliability of the cost estimates in relation to the task
assumed; and
(iii) The complexity of the task assumed by the contractor. This
factor is specifically limited to the risk of contract costs. Thus,
such risks on the part of the contractor as reputation, losing a
commercial market, risk of losing potential profits in other fields, or
any risk which falls on the contracting office such as the risk of not
acquiring a satisfactory report, are not within the scope of this
factor.
(2) The first and basic determination of the degree of cost
responsibility assumed by the contractor is related to the sharing of
total risk of contract cost by the Government and the contractor through
the selection of contract type. The extremes are a
cost-plus-a-fixed-fee contract requiring the contractor to use its best
efforts to perform a task and a firm fixed-price contract for a service
or a complex item. A cost-plus-a-fixed-fee contract would reflect a
minimum assumption of cost responsibility, whereas a firm fixed-price
contract would reflect a complete assumption of cost responsibility.
Where proper contract selection has been made, the regard for risk by
contract type would usually fall into the following percentage ranges:
Cost-reimbursement type contracts -- 0-3
Fixed-price type contracts -- 2-7
(3) The second determination is that of the reliability of the cost
estimates. Sound price negotiation requires well-defined contract
objectives and reliable cost estimates. Prior experience assists the
contractor in preparing reliable cost estimates on new acquisitions for
similar related efforts. An excessive cost estimate reduces the
possibility that the cost of performance will exceed the contract price,
thereby reducing the contractor's assumption of contract cost risk.
(4) The third determination is that of the difficulty of the
contractor's task. The contractor's task can be difficult or easy,
regardless of the type of contract.
(5) Contractors are likely to assume greater cost risk only if
contracting officers objectively analyze the risk incident to proposed
contracts and are willing to compensate contractors for it. Generally,
a cost-plus-fixed fee contract will not justify a reward for risk in
excess of 0.5 percent, nor will a firm fixed-price contract justify a
reward of less than the minimum in the structured approach. Where
proper contract-type selection has been made, the reward for risk, by
contract type, will usually fall into the following percentage ranges:
(i) Type of contract and percentage ranges for profit objectives
developed by using the structured approach for research and development
and manufacturing contracts:
Cost-plus-fixed fee -- 0 to 0.5
Cost-plus-incentive fee:
With cost incentive only -- 1 to 2
With multiple incentives -- 1.5 to 3
Fixed-price-incentive:
With cost incentive only -- 2 to 4
With multiple incentives -- 3 to 5
Prospective price redetermination -- 3 to 5
Firm fixed-price -- 5 to 7
(ii) Type of contract and percentage ranges for profit objectives
developed by using the structured approach for service contracts:
Cost-plus-fixed fee -- 0 to 0.5
Cost-plus-incentive fee -- 1 to 2
Fixed-price incentive -- 2 to 3
Firm fixed-price -- 3 to 4
(6) These ranges may not be appropriate for all acquisitions. For
instance, a fixed-price-incentive contract that is closely priced with a
low ceiling price and high incentive share may be tantamount to a firm
fixed-price contract. In this situation, the contracting officer may
determine that a basis exists for high confidence in the reasonableness
of the estimate and that little opportunity exists for cost reduction
without extraordinary efforts. On the other hand, a contract with a
high ceiling and low incentive formula can be considered to contain
cost-plus-incentive-fee contract features. In this situation, the
contracting officer may determine that the Government is retaining much
of the contract cost responsibility and that the risk assumed by the
contractor is minimal. Similarly, if a cost-plus-incentive-fee contract
includes an unlimited downward (negative) fee adjustment on cost
control, it could be comparable to a fixed-price-incentive contract. In
such a pricing environment, the contracting officer may determine that
the Government has transferred a greater amount of cost responsibility
to the contractor than is typical under a normal cost-plus-incentive-fee
contract.
(7) The contractor's subcontracting program may have a significant
impact on the contractor's acceptance of risk under a contract form. It
could cause risk to increase or decrease in terms of both cost and
performance. This consideration should be a part of the contracting
officer's overall evaluation in selecting a factor to apply for cost
risk. It may be determined, for instance, that the prime contractor has
effectively transferred real cost risk to a subcontractor and the
contract cost risk evaluation may, as a result, be below the range which
would otherwise apply for the contract type being proposed. The
contract cost risk evaluation should not be lowered, however, merely on
the basis that a substantial portion of the contract costs represents
subcontracts without any substantial transfer of contractor's risk.
(8) In making a contract cost risk evaluation in an acquisition
action that involves definitization of a letter contract, unpriced
change orders, and unpriced orders under BOA's, consideration should be
given to the effect on total contract cost risk as a result of having
partial performance before definitization. Under some circumstances it
may be reasoned that the total amount of cost risk has been effectively
reduced. Under other circumstances it may be apparent that the
contractor's cost risk remained substantially unchanged. To be
equitable, the determination of profit weight for application to the
total of all recognized costs, both those incurred and those yet to be
expended, must be made with consideration to all attendant circumstances
-- not just the portion of costs incurred or percentage of work
completed prior to definitization.
(9) Time and material and labor hour contracts will be considered to
be cost-plus-a-fixed-fee contracts for the purpose of establishing
profit weights unless otherwise exempt under 315.905-70(b) in the
evaluation of the contractor's assumption of contract cost risk.
(b) Investment. HHS encourages its contractors to perform their
contracts with the minimum of financial, facilities, or other assistance
from the Government. As such, it is the purpose of this factor to
encourage the contractor to acquire and use its own resources to the
maximum extent possible. The evaluation of this factor should include
an analysis of the following:
(1) Facilities (Including equipment). To evaluate how this factor
contributes to the profit objective requires knowledge of the level of
facilities utilization needed for contract performance, the source and
financing of the required facilities, and the overall cost effectiveness
of the facilities offered. Contractors who furnish their own facilities
which significantly contribute to lower total contract costs should be
provided with additional profit. On the other hand, contractors who
rely on the Government to provide or finance needed facilities should
receive a corresponding reduction in profit. Cases between the above
examples should be evaluated on their merits with either positive or
negative adjustments, as appropriate, in profit being made. However,
where a highly facilitized contractor is to perform a contract which
does not benefit from this facilitization or where a contractor's use of
its facilities has a minimum cost impact on the contract, profit need
not be adjusted. When applicable, the prospective contractor's
computation of facilities capital cost of money for pricing purposes
under CAS 414 can help the contracting officer identify the level of
facilities investment to be employed in contract performance.
(2) Payments. In analyzing this factor, consideration should be
given to the frequency of payments by the Government to the contractor.
The key to this weighting is to give proper consideration to the impact
the contract will have on the contractor's cash flow. Generally,
negative consideration should be given for advance payments and payments
more frequent than monthly with maximum reduction being given as the
contractor's working capital approaches zero. Positive consideration
should be given for payments less frequent than monthly with additional
consideration given for a capital turn-over-rate on the contract which
is less than the contractor's or the industry's normal capital turn-over
rate.
(c) Performance. (Cost-control and other past accomplishments.) The
contractor's past performance should be evaluated in such areas as
quality of service or product, meeting performance schedules, efficiency
in cost control (including need for and reasonableness of cost
incurred), accuracy and reliability of previous cost estimates, degree
of cooperation by the contractor (both business and technical), timely
processing of changes and compliance with other contractual provisions,
and management of subcontract programs. Where a contractor has
consistently achieved excellent results in the foregoing areas in
comparison with other contractors in similar circumstances, such
performance merits a proportionately greater opportunity for profit.
Conversely a poor record in this regard should be reflected in
determining what constitutes a fair and reasonable profit.
(d) Federal socioeconomic programs. This factor, which may apply to
special circumstances or particular acquisitions, relates to the extent
of a contractor's successful participation in the Government sponsored
programs such as small business, small disadvantaged business, labor
surplus area, and energy conservation efforts. The contractor's
policies and procedures which energetically support Government
socioeconomic programs and achieve successful results should be given
positive considerations. Conversely, failure or unwillingness on the
part of the contractor to support Government socioeconomic programs
should be viewed as evidence of poor performance for the purpose of
establishing a profit objective.
(e) Special situations. (1) Inventive and developmental
contributions. The extent and nature of contractor-initiated and
financed independent development should be considered in developing the
profit objective, provided that the contracting officer has made a
determination that such effort will benefit the contract. The
importance of the development in furthering health and human services
purposes, the demonstrable initiative in determining the need and
application of the development, the extent of the contractor's cost
risk, and whether the development cost was recovered directly or
indirectly from Government sources should be weighed.
(2) Unusual pricing agreements. Occasionally, unusual contract
pricing arrangements are made with the contractor wherein it agrees to
cost ceilings, e.g., a ceiling on overhead rates for conditions other
than those discussed at FAR 42.707. In such circumstances, the
contractor should receive favorable consideration in developing the
profit objective.
(3) Negative factors. Special situations need not be limited to
those which only increase profit levels. A negative consideration may
be appropriate when the contractor is expected to obtain spin-off
benefits as a direct result of the contract (e.g., products or services
with commercial application).
(49 FR 13979, Apr. 9, 1984, as amended at 53 FR 15563, May 2, 1988)
48 CFR 315.905-74 Facilities capital cost of money.
When facilities capital cost of money (cost of capital committed to
facilities) is included as an item of cost in the contractor's proposal,
a reduction in the profit objective shall be made in an amount equal to
the amount of facilities capital cost of money allowed in accordance
with the Facilities Capital Cost-of-Money Cost Principal. If the
contractor does not propose this cost, a provision must be inserted in
the contract that facilities capital cost of money is not an allowable
cost.
(49 FR 13979, Apr. 9, 1984, as amended at 53 FR 15563, May 2, 1988)
48 CFR 315.905-74 Subpart 315.10 -- Preaward, Award, and Postaward Notifications, Protests, and Mistakes
48 CFR 315.1000 General.
Once a contract action has progressed through the evaluation process,
and even after the selection of a contractor, all queries as to the
relative merits of the submitted proposals shall be courteously but
firmly directed to the contracting officer. All other personnel will
avoid any exchange of comments with offerors.
(49 FR 13979, Apr. 9, 1984. Redesignated and amended at 50 FR 23132,
May 31, 1985; 50 FR 38004, Sept. 19, 1985)
48 CFR 315.1003 Debriefing of unsuccessful offerors.
(a) Any HHS employee who receives either a written or oral request
for a debriefing from an unsuccessful offeror shall immediately, without
any discussion regarding the merits or deficiencies of the unsuccessful
offeror's proposal, refer the request to the contracting officer. If
the request is made orally, the contracting officer shall require that
the request be made in writing. The contracting officer or his/her
designee shall be present at all debriefings and shall review written
debriefings prior to release.
(b) A debriefing is intended to: (1) Tell an unsuccessful offeror
which areas of its proposal were judged to be weak and deficient and
whether the weaknesses or deficiencies were factors in its not having
been selected; and
(2) Identify the factors which were the basis for selection of the
successful contractor. If the quality of the successful offeror's
proposal to satisfy the mission requirement was the basis, the
unsuccessful offeror should be so informed, and given a general
comparison of significant areas, but not a point-by-point comparison of
all the elements considered in the evaluation criteria. If the
successful offeror was selected on the basis of cost, the unsuccessful
offeror should be told that was the case. If selection was based on
other factors, they should be specified.
(d) If an unsuccessful offeror feels that its failure to obtain the
award was not justified, it will rely, at least in part, on the
information given in the debriefing to determine whether it should seek
recourse. Accordingly, it is essential that a debriefing be conducted
in a scrupulously fair, objective, and impartial manner, and that the
information given the unsuccessful offeror be absolutely factual and
consistent with the findings of the contracting officer and the basis on
which the award was made.
(e) In some cases, it may be necessary to arrange informal
debriefings for an unsuccessful offeror's personnel by departmental
technical evaluators. This determination will be made by, and meeting
arrangements will be the responsibility of, the contracting officer.
(f) It is very important that all departmental personnel engaged in
the evaluation and selection processes be aware of the policies and
procedures in FAR Subpart 15.10 and this Subpart 315.10. Detailed and
complete records of the acquisition will be maintained by key technical
and contracting personnel in a manner which will facilitate either a
written or an oral debriefing of any unsuccessful offeror.
(49 FR 13979, Apr. 9, 1984. Redesignated and amended at 50 FR 23132,
May 31, 1985; 50 FR 38004, Sept. 19, 1985)
48 CFR 315.1004 Protests against award.
See Subpart 333.1.
(49 FR 13979, Apr. 9, 1984. Redesignated and amended at 50 FR 23132,
May 31, 1985; 50 FR 38004, Sept. 19, 1985)
48 CFR 315.1005 Discovery of mistakes.
See 314.406 and 315.607.
(49 FR 13979, Apr. 9, 1984. Redesignated at 50 FR 23132, May 31,
1985; 50 FR 38004, Sept. 19, 1985)
48 CFR 315.1005 Subpart 315.70 -- Requests for Contract
48 CFR 315.7000 Scope of subpart.
This subpart prescribes the format and contents of the request for
contract and provides procedures for the preparation and submission of
the request for contract document.
48 CFR 315.7001 General.
The program office's preparation of the request for contract (RFC)
and submission to the contracting activity finalizes the presolicitation
phase of the acquisition planning process and commences the solicitation
phase. The RFC is the formal document which initiates the preparation
of the request for proposals by the contracting activity and sets the
acquisition process in motion. It represents the results of planning by
the project officer and contract negotiator and contains much of the
pertinent information necessary for the development of a sound,
comprehensive RFP.
48 CFR 315.7002 Procedures.
(a) Requests for contract are required to be prepared by the program
office for all proposed negotiated acquisitions estimated to exceed the
small purchase limitation.
(b) The program office should submit the RFC as early as possible to
the contracting activity. The proposed period of time between the date
of submission of the RFC and the date of contract award (or date of
delivery of the product, service, study, etc.) should be determined by
the project officer, contract negotiator, and, if necessary, the
contracting officer. The amount of leadtime should be determined on a
case-by-case basis and should reflect the characteristics and
complexities of the individual acquisition. When lengthy and/or
involved clearances or special approval are required, for example, they
must be taken into account when the leadtime is determined. If a formal
acquisition planning document is used, (see Subpart 307.1), the RFC
should be submitted in accordance with the timetable set forth in that
document. OPDIV, agency, and regional office contracting activities may
prescribe specific leadtimes for submission of RFC's in their
implementation of this subpart.
(49 FR 13979, Apr. 9, 1984, as amended at 53 FR 15563, May 2, 1988;
56 FR 47003, Sept. 17, 1991)
48 CFR 315.7003 Responsibilities.
It is the responsibility of the project officer to prepare the RFC so
that it complies with the requirements of this subpart and any OPDIV,
agency, or regional office guidance issued in accordance with this
subpart. Prior to the submission of the RFC to the contracting
activity, the head of the program office sponsoring the project shall
review the RFC to ensure that all required information is provided in
the prescribed format and a technical review of the statement of work
has been made. The level and extent of the technical review is to be
commensurate with the estimated cost, importance, and complexity of the
proposed acquisition, and must be thorough enough to ensure that vague
and ambiguous language is eliminated, the statement of work is
structured by phases or tasks, if appropriate, and methods are available
for assessing the contractor's technical, cost, and delivery
performances.
48 CFR 315.7004 Transmittal.
The RFC will be conveyed to the contracting activity by use of a
covering memorandum or other form of transmittal. The transmittal
document must be signed by the head of the sponsoring program office and
include both a statement attesting to the conclusiveness of the review
discussed in the preceding section and a list identifying all
attachments to the RFC. A standard format for the transmittal document
may be prescribed by the OPDIV, agency, or regional office contracting
activity.
48 CFR 315.7005 Format and content.
The Department does not prescribe a standard format for the RFC
document, but recommends the use of a format similar to what is provided
in this section. The subject areas addressed in paragraphs (a) and (b)
must be included in every RFC document, whereas the areas addressed in
paragraph (c) need only be included if applicable. An OPDIV, agency, or
regional office contracting activity may prescribe a standard format for
the RFC document and may include additional subject areas that are
pertinent to that activity's needs. Some of the information to be
furnished in the RFC document may be repetitive of that found in the
acquisition planning document. If this information has not changed
since the development of the acquisition planning document, the RFC
document may either restate the information as it appears in the
acquisition planning document or cross reference the applicable portion
where the information appears.
(a) The RFC document must contain the following:
(1) Purpose of contract. A brief, general description of
requirements, including the citation of the legislation which authorizes
the program or project, is to be provided, along with a statement as to
the intended purpose/use of the proposed contract.
(2) Background and need. The background history and necessity for
the proposed contract are to be described. This section is to include
prior, present, and planned efforts by the program office in the same or
related areas, and a description of efforts by other departmental
activities and Federal agencies in the same or related program areas, if
known. In addition, specific project information such as the relevance
or contribution to overall program objectives, reasons for the need,
priority, and project overlap are to be provided.
(3) Period of performance. The number of months (or other time
period) required for total performance, and, if applicable, for each
phase of work indicated in the statement of work, is to be specified.
The program office must indicate the proposed starting date and the
required date of delivery for each deliverable.
(4) Estimated cost and fund citation. The project officer's estimate
of the total cost of the proposed contract, and, if applicable, the
estimate for each phase indicated in the statement of work, is to be
provided. The project officer must provide a cost breakdown of all
contributing cost factors, to include an estimate of the technical staff
hours, direct materials, subcontracting, travel, etc. The project
officer may consult with contracting and cost advisory personnel in
developing this information. This section must include the
certification of funds availability for the particular proposed
acquisition, along with the appropriation and accounting information
citations. When funds are not currently available but are anticipated,
a statement indicating that the financial plan includes provision for
the funds for the proposed acquisition but the funds are not yet
available for obligation shall be included in lieu of the certification
of funds availability. (Contracts cannot be awarded unless funds are
available, but see FAR 32.703-2.)
(5) Reference material. A list, by title and description, of study
reports, plans, drawings, and other data to be made available to
prospective offerors for use in preparation of proposals and/or the
contractor for use in performance of the contract is to be provided.
The project officer must indicate whether this material is currently
available or when it will be available.
(6) Technical evaluation criteria and instructions. The project
officer is to include the technical evaluation criteria, which have been
developed based on the requirements of the specific project, and any
instructions and information which will assist in the preparation of
prospective offerors' technical proposals. For example, critical areas
discussed in the statement of work and the relative order of importance
and weights assigned to each of these areas for technical evaluation
purposes must be identified. These areas may include understanding of
the problem, technical approach, experience, personnel, facilities, etc.
(7) Sources for solicitation. The project officer is to develop and
include a list of known potential sources by name and mailing address.
The project officer is encouraged to use trade and professional journals
and publications to identify new prospective sources to supplement the
list of known sources. Efforts to identify set-aside possibilities,
i.e., small, disadvantaged, and labor surplus areas, and women-owned
businesses, must be explained.
(8) Special approvals, clearances, and requirements. All special
approvals, clearances, and requirements pertinent to the proposed
acquisition are to be listed in this section. Copies of the actual
documents are to be attached to the RFC. If the approval, clearance, or
requirement has been requested and is being processed, a footnote to
this effect, including all pertinent details, must be included in this
section. A list of Government-wide and Department imposed approvals,
clearances, and requirements is set forth in 307.105-2. Comprehensive
checklists of these and any OPDIV, agency, regional office, etc.
special approvals, clearances, and requirements shall be provided for
reference purposes to program offices by the servicing contracting
activity.
(9) Identification and disposition of data. The project officer must
identify the data expected to be generated by the acquisition and
specify the data to be delivered to the Department (see 315.7005(b)(2))
and that to be retained by the contractor. The project officer must
also include information relative to the use, maintenance, disclosure,
and disposition of data. The project officer must include a statement
as to whether or not another acquisition, based upon the data generated
by the proposed acquisition, is anticipated. The project officer must
also include a statement indicating whether the proposed acquisition is
or is not subject to the Privacy Act (see FAR Subpart 24.1 and Subpart
324.1).
(10) Project officer and alternate. The project officer's name,
title, organization, mailing address, and telephone number are to be
provided in this section, along with the same data for the project
officer's alternate. In addition, a statement that the project officer
has completed the Department's project officer training course is to be
provided (see 307.170).
(b) The following must be submitted with every RFC but are to be
prepared as separate attachments so they may be readily adopted into the
request for proposal format:
(1) Statement of work or specification. The statement of work
describes the requirements to be performed and may describe the methods
to be used (see 307.105-3 and FAR 35.005 for a detailed explanation). A
specification is used in lieu of a statement of work when a clear and
accurate description of the technical requirements for a product,
material, or service can be provided along with the procedure to
determine that the requirements have been met. It is essential that a
complete and comprehensive statement of work or specification be
provided by the project officer.
(2) Schedule of deliverables or reporting requirements. The project
officer must specifically describe what is to be delivered and when it
is to be delivered to ensure proper contract monitoring. Usually,
technical and financial progress reports and the final report are
prescribed in this section. These reports should be tailored to the
instant acquisition and should avoid unnecessary and burdensome
reporting requirements.
(c) The following may not be applicable to all RFC's but must be
included as attachments whenever any do apply:
(1) Government property. The project officer must identify, as
referenced in the statement of work, the types, individual items, and
quantities of Government property to be furnished to or allowed to be
acquired by, the resultant contractor, if known. The project officer
must specify when the Government property is to be made available to the
resultant contractor.
(2) Special terms and conditions. The project officer may suggest
inclusion of any special terms and conditions applicable to the proposed
acquisition not already covered in the statement of work or the
applicable contract general provisions.
(3) Justification for other than full and open competition. If the
proposed acquisition is to be awarded using other than full and open
competition, a justification, prepared in accordance with FAR Subpart
6.3 and Subpart 306.3, must be submitted as an attachment to the RFC.
(4) Privacy Act ''system notice.'' When the project officer has
determined that the requirements of the Privacy Act are applicable to
the proposed acquisition, a copy of the ''system notice'' must be
attached to the RFC (see 324.103(d)).
(49 FR 13979, Apr. 9, 1984, as amended at 50 FR 23132, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 315.7006 Review.
Upon receipt of the RFC, the contracting activity shall review the
contents to ensure that all pertinent information has been provided by
the program office. If pertinent information is missing or if there are
discrepancies in previously agreed upon information, such as significant
alterations in the statement of work, the contracting activity shall
obtain or clarify the information so that the acquisition schedule is
met. If the program office delays furnishing the information or
clarification, the acquisition schedule may have to be changed. When
this circumstance arises, the contracting activity should notify the
head of the sponsoring program office of the problem, in writing, of the
possible slippage in the acquisition schedule, and the need for an
expeditious remedy. If the head of the sponsoring program office is not
responsive to the request for expediency, the matter should be referred
to higher management authorities for resolution.
(49 FR 13979, Apr. 9, 1984, as amended at 49 FR 36110, Sept. 14,
1984)
48 CFR 315.7006 PART 316 -- TYPES OF CONTRACTS
48 CFR 315.7006 Subpart 316.3 -- Cost-Reimbursement Contracts
Sec.
316.301 General.
316.301-3 Limitations.
316.303 Cost-sharing contracts.
316.306 Cost-plus-fixed-fee contracts.
316.307 Contract clauses.
48 CFR 315.7006 Subpart 316.4 -- Incentive Contracts
316.403 Fixed-price incentive contracts.
48 CFR 315.7006 Subpart 316.6 -- Time-and-Materials, Labor-Hour, and
Letter Contracts
316.601 Time-and-materials contracts.
316.603 Letter contracts.
316.603-2 Application.
316.603-3 Limitations.
316.603-70 Information to be furnished when requesting authority to
issue a letter contract.
316.603-71 Approval for modifications to letter contracts.
48 CFR 315.7006 Subpart 316.7 -- Agreements
316.702 Basic agreements.
316.770 Unauthorized types of agreements.
316.770-1 Letters of intent.
316.770-2 Memorandums of understanding.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14004, Apr. 9, 1984, unless otherwise noted.
48 CFR 315.7006 Subpart 316.3 -- Cost-Reimbursement Contracts
48 CFR 316.301 General.
48 CFR 316.301-3 Limitations.
(c) The following format shall be used and executed by the
contracting officer as the determination and findings authorizing the
use of a cost-reimbursement contract and establishing the fee:
I hereby find that:
(1) The (agency title) proposes to contract with (name of proposed
contractor) for (describe work, service, or product) (identify program
or project). The estimated cost is ($ ------ ) (if contract is CPFF
type, insert, ''plus a fixed fee of ($ ------ ) which is ---- percent of
the estimated cost exclusive of fee'').
(2) (Set forth facts and circumstances that show why it is
impracticable to secure property or services of the kind or quantity
required without the use of the proposed type of contract or why the
proposed method of contracting is likely to be less costly than other
methods.) I hereby determine that:
On the basis of the above findings, and in accordance with FAR
16.301-3, it is impracticable to secure the property or services of the
kind or quality required without the use of a (cost, cost-sharing, or
cost-plus-a-fixed fee*) type of contract, or the (cost, cost-sharing, or
cost-plus-a-fixed fee*) method of contracting is likely to be less
costly than other methods.
Date
Signature
(49 FR 14004, Apr. 9, 1984, as amended at 50 FR 23132, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 51 FR 44294, Dec. 9, 1986)
*Use applicable word, words, or statement.
48 CFR 316.303 Cost-sharing contracts.
For detailed information concerning the use of cost-sharing
contracts, see 335.070.
48 CFR 316.306 Cost-plus-fixed-fee contracts.
(c)(2) The determination and findings (D&F) required by FAR
16.306(c)(2) has been combined with the D&F required by FAR 16.301-3(c)
authorizing the use of cost-reimbursement contract, and is shown in
316.301-3(c). The contracting officer is responsible for executing the
D&F and is authorized to make both determinations required by the FAR.
(51 FR 44294, Dec. 9, 1986)
48 CFR 316.307 Contract clauses.
(a) If the contract is with a hospital (profit or nonprofit), modify
the ''Allowable Cost and Payment'' clause at FAR 52.216-7 by deleting
from paragraph (a) the words ''subpart 31.2 of the Federal Acquisition
Regulation (FAR)'' and substituting ''45 CFR part 74 appendix E.''
(j) The contracting officer shall insert the clause at 352.216-72,
Additional Cost Principles, in solicitations and resultant
cost-reimbursement contracts with nonprofit organizations, as identified
in OMB Circular A-122.
(55 FR 42197, Oct. 18, 1990)
48 CFR 316.307 Subpart 316.4 -- Incentive Contracts
48 CFR 316.403 Fixed-price incentive contracts.
(c) The determination and findings required by FAR 16.403(c) shall be
executed by the chief of the contracting office after it is prepared by
the contracting officer.
(51 FR 44294, Dec. 9, 1986)
48 CFR 316.403 Subpart 316.6 -- Time-and-Materials, Labor-Hour, and Letter Contracts
48 CFR 316.601 Time-and-materials contracts.
(c) Limitations. The format prescribed in 316.301-3(c) shall be used
and executed by the contracting officer as the determination and
findings authorizing the use of either a time-and-materials contract or
a labor-hour contract, except that the final paragraph shall be changed
to read as follows:
I hereby determine that:
On the basis of the above findings, no other type of contract will
suitably serve for the acquisition of the required work or services.
48 CFR 316.603 Letter contracts.
48 CFR 316.603-2 Application.
It is the policy of the Department to refrain from issuing letter
contracts. Exceptions to this policy will be permitted only in those
cases where all matters of a substantive nature, such as statements of
work, delivery schedules, and general and special clauses have been
resolved and agreed upon.
48 CFR 316.603-3 Limitations.
The principal official responsible for acquisition shall be the
approving official who executes the prescribed written statement.
However, if the principal official responsible for acquisition is to
sign the letter contract as the contracting officer, the approving
official becomes the head of the contracting activity.
(49 FR 14004, Apr. 9, 1984, as amended at 51 FR 44294, Dec. 9, 1986)
48 CFR 316.603-70 Information to be furnished when requesting authority
to issue a letter contract.
The following information should be included by the contracting
officer in any memorandum requesting approval to issue a letter
contract:
(a) Name and address of proposed contractor.
(b) Location where contract is to be performed.
(c) Contract number, including modification number, if possible.
(d) Brief description of work and services to be performed.
(e) Performance or delivery schedule.
(f) Amount of letter contract.
(g) Estimated total amount of definitized contract.
(h) Type of definitive contract to be executed (fixed price,
cost-reimbursement, etc.)
(i) Statement of the necessity and advantage to the Government of the
use of the proposed letter contract.
(j) Statement of percentage of the estimated cost that the obligation
of funds represents. In rare instances where the obligation represents
50 percent or more of the proposed estimated cost of the acquisition, a
justification for that obligation must be included which would indicate
the basis and necessity for the obligation (e.g., the contractor
requires a large initial outlay of funds for major subcontract awards or
an extensive purchase of materials to meet an urgent delivery
requirement). In every case, documentation must assure that the amount
to be obligated is not in excess of an amount reasonably required to
perform the work.
(k) Period of effectiveness of the proposed letter contract. If more
than 180 days, complete justification must be given.
(l) Statement of any substantive matters that need to be resolved.
48 CFR 316.603-71 Approval for modifications to letter contracts.
All letter contract modifications (amendments) must be approved by
the principal official responsible for acquisition. Requests for
authority to issue letter contract modifications shall be processed in
the same manner as requests for authority to issue letter contracts and
shall include the following:
(a) Name and address of the contractor.
(b) Description of work and services.
(c) Date original request was approved and indicate approving
official.
(d) Letter contract number and date issued.
(e) Complete justification as to why the letter contract cannot be
definitized at this time.
(f) Complete justification as to why the level of funding must be
increased.
(g) Complete justification as to why the period of effectiveness is
increased beyond 180 days, if applicable.
(h) If the funding of the letter contract is to be increased to more
than 50 percent of the estimated cost of the acquisition, the
information required by 316.603-70(j) must be included.
48 CFR 316.603-71 Subpart 316.7 -- Agreements
48 CFR 316.702 Basic agreements.
(b) Application.
(2) Basic agreements shall continue in effect until termination,
supersession, or expiration of the term.
(d) Contracts incorporating basic agreements.
(2) Any provision of a contract which conflicts with the terms of a
basic agreement must be approved by the Director, Division of
Acquisition Policy, OAGM.
(4) Basic agreements may include negotiated overhead rates for
cost-reimbursement type contracts. Where negotiated overhead rates are
included, the bases to which the rates apply and the period of
applicability must also be stated. All pertinent provisions such as
final rates for past periods, provisional rates for current or future
periods, ceilings, and any specific items to be treated as indirect
costs shall also be included as appropriate.
(e) Content and format. A basic agreement shall consist of an
execution page(s), contents page, special provisions, and general
provisions. The following is illustrative of an execution page:
Basic Agreement Page 1 of --
Number pages
Basic Agreement
Between the United States of America, as represented by the
Department of Health and Human Services, and (Name of Contractor), this
agreement, effective (Insert Date) by and between the United States of
America, hereinafter called the ''Government,'' as represented by the
Department of Health and Human Services, and (Name of Contractor), a
corporation organized and existing under the laws of the
(State/Commonwealth) of -------- with its principal office in (City,
State), hereinafter called the ''Contractor''.
Whereas, the Government and the Contractor desire to enter into a
single basic agreement for use only in connection with negotiated
(insert type of contract and categories of effort that the basic
agreement will cover) entered into on or after the effective date of
this Agreement, and prior to its termination; and
Whereas, the parties understand that this Agreement shall not in any
manner provide for or imply any agreement on the part of the Government
to place future orders or contracts with the Contractor.
Now therefore, the Government and the Contractor agree that the
provisions and clauses of the Special Provisions, as set forth herein,
and the General Provisions, as set forth and modified herein, shall be
incorporated in and constitute the terms and conditions applicable to
all negotiated (insert type of contract and categories of effort that
the basic agreement will cover) entered into on or after the effective
date of this Agreement, and prior to its termination.
In witness whereof, the parties hereto have executed this Agreement
as of the day and year first above written.
United States of America
Name of Contractor
Signature of Contracting Officer
By
Signature of Authorized Official
Typed name
Typed name
Date
(f) Procedures. (1) Negotiation of basic agreements may be
undertaken by OPDIV contracting activities on behalf of the Department.
When an OPDIV contracting activity decides to negotiate a basic
agreement with an organization, prior authorization must be requested,
in writing, from the Director, Division of Acquisition Policy (DAP).
When the Director, DAP, gives written authorization to the OPDIV
contracting activity designated to conduct negotiations on behalf of the
Department, all other OPDIVs will be notified of this designation. If
another OPDIV elects, it may attend the negotiation or furnish special
terms and conditions or provisions for inclusion in the proposed basic
agreement by advising the designated negotiating activity in writing
within ten (10) days from the date of the authorization. After review
and resolution of all requests for inclusion of special terms and
conditions or provisions, the designated negotiating activity will
invite those OPDIVs which expressed an interest in attending the
negotiations and make the necessary arrangements for the negotiation of
the basic agreement.
(2) Prior to the conclusion of negotiations, the designated
negotiating activity shall furnish the OPDIVs a draft copy of the
proposed basic agreement together with:
(i) A resume of all salient features of the basic agreement which
will facilitate review;
(ii) Any of the negotiating OPDIV's guides or procedures which are
being considered for incorporation into the basic agreement by
reference;
(iii) A listing of nonstandard clauses used, the genesis of such
clauses, and the reasons for such clauses in the basic agreement; and
(iv) The contractor's comments, including the basis for requesting
any deviation from the HHSAR and the designated negotiating activity's
position with respect thereto.
(3) The OPDIVs shall have fifteen (15) days from the date of the
memorandum transmitting the information to submit comments on the draft
copy of the basic agreement. After receipt, analysis, and resolution of
the comments of the OPDIVs, the designated negotiating activity will
proceed to conclude the negotiation of the basic agreement.
(4) After conclusion of the negotiation, but prior to execution of
the basic agreement, a copy of the basic agreement, together with the
information specified in paragraph (f)(2) above, the comments of the
OPDIVs, the designated negotiating activity's analysis of the OPDIV
comments, and the basis for the action taken will be furnished to the
Director, DAP for review by DPP and the Office of General Counsel.
Approval by the Director, DAP must be given prior to the execution of
the basic agreement. After approval and execution of the basic
agreement, the designated negotiating activity will distribute the
executed document to the OPDIVs, Office of General Counsel, and the
Director, DAP. The basic agreement is mandatory for use by all
activities of the Department for all acquisitions falling within the
scope of the basic agreement.
(49 FR 14004, Apr. 9, 1984, as amended at 50 FR 23126, 23133, May 31,
1985; 50 FR 38004, Sept. 19, 1985; 54 FR 24343 June 7, 1989; 54 FR
24343, June 7, 1989)
316.770 Unauthorized types of agreements.
48 CFR 316.770-1 Letters of intent.
A letter of intent is an informal unauthorized agreement between the
Government and a prospective contractor which indicates that products or
services will be produced after completion of funding and/or other
contractual formalities. Letters of intent are often solicited by
prospective contractors or may be originated by Government personnel.
Letters of intent are not authorized by the FAR and are prohibited for
use by Department personnel.
48 CFR 316.770-2 Memorandums of understanding.
A ''memorandum of understanding'' is an unauthorized agreement,
usually drafted during the course of negotiations, to modify mandatory
FAR and HHSAR provisions in such a manner as to make them more
acceptable to a prospective contractor. It may be used to bind the
contracting officer in attempting to exercise rights given the
Government under the contract, or may contain other matters directly
contrary to the language of the solicitation or prospective contractual
document. Use of such memorandums of understanding is not authorized.
Any change in a solicitation or contract shall be made by amendment or
modification to that document. When a change to a prescribed contract
clause is considered necessary, a deviation shall be requested.
48 CFR 316.770-2 PART 317 -- SPECIAL CONTRACTING METHODS
48 CFR 316.770-2 Subpart 317.2 -- Options
Sec.
317.201 Definition.
317.202 Use of options.
317.203 Solicitations.
317.206 Evaluation.
48 CFR 316.770-2 Subpart 317.70 -- Consolidated Acquisitions
317.7001 General.
317.7002 Policy.
48 CFR 316.770-2 Subpart 317.71 -- Supply and Service Acquisitions Under
the Government Employees Traning Act
317.7100 Scope of subpart.
317.7101 Applicable regulations.
317.7102 Acquisition of training.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14006, Apr. 9, 1984, unless otherwise noted.
48 CFR 316.770-2 Subpart 317.2 -- Options
48 CFR 317.201 Definition.
(a) An option must:
(1) Identify the supplies or services as a discrete option quantity
in addition to the basic quantity of supplies or services to be
delivered under the initial contract award;
(2) Establish a price or specify a method of calculation which will
make the price certain;
(3) Be agreed to and included in the initial contract award; and
(4) Permit the Government the right to exercise the option
unilaterally.
(b) Contract provisions which provide the Government the right to buy
additional requirements, subject to the written agreement of the
contractor, do not meet the requirements of paragraph (a)(4) of this
section and are not authorized. Further, any contract provision which
merely extends the initial contract period without requiring delivery of
additional supplies or services is not an option.
48 CFR 317.202 Use of options.
(c)(6) The primary purpose for inclusion would be the achievement of
administrative convenience.
48 CFR 317.203 Solicitations.
(g)(2) When unusual circumstances exist, the principal official
responsible for acquisition (not delegable) may approve a greater
percentage (but see FAR 17.205).
48 CFR 317.206 Evaluation.
The determination referenced in FAR 17.206(b) shall be made by the
chief of the contracting office.
(49 FR 14006, Apr. 9, 1984, as amended at 53 FR 43208, Oct. 26, 1988)
48 CFR 317.206 Subpart 317.70 -- Consolidated Acquisitions
48 CFR 317.7001 General.
Studies have indicated that substantial savings can be realized
through centralized and consolidated acquisitions of common use
supplies, services, and equipment. The Department has identified common
use items and has applied the principle of consolidated acquisition to
these items.
48 CFR 317.7002 Policy.
(a) The following supplies, services, and equipment have been
indentified as common use items and are to be acquired by the
centralized contracting activity identified in paragraph (b):
(1) Administrative supplies, equipment, and services (i.e., general
use office items or related services), as distinguished from functional
or program requirements.
(2) Automated data processing services (but see ADP Systems Manual,
Chapter 4).
(3) Stenographic reporting services.
(4) Visual arts, graphics, and supplementing services.
(5) Press clipping services.
(b) Activities within the metropolitan Washington, DC area are
required to submit purchase requests for the above items to the
applicable centralized contracting activity as follows:
(1) Activities located in the Southwest Washington complex;
Procurement Branch, Division of Contract Operations, Office of
Acquisition and Grants Management, Office of the Secretary.
(2) Parklawn Complex, Rockville, Maryland (Montgomery and Prince
Georges Counties area); Division of Acquisition Management,
Administrative Services Center, Office of Management, Public Health
Service.
(3) National Institutes of Health; Division of Procurement, National
Institutes of Health.
(c) Activities outside the metropolitan Washington, DC area are
encourage to establish centralized points to conduct acquisitions for
common use items.
(49 FR 14006, Apr. 9, 1984, as amended at 54 FR 24343, June 7, 1989;
55 FR 13536, Apr. 11, 1990)
48 CFR 317.7002 Subpart 317.71 -- Supply and Service Acquisitions Under
the Government Employees Training Act
Source: 53 FR 43208, Oct. 26, 1988, unless otherwise noted.
48 CFR 317.7100 Scope of subpart.
This subpart provides alternate methods for obtaining training in
non-Government facilities under the Government Employees Training Act, 5
U.S.C. Chapter 41.
48 CFR 317.7101 Applicable regulations.
Basic policy, standards, and delegations of authority to approve
training are contained in HHS Personnel Manual Instruction 410-1.
48 CFR 317.7102 Acquisition of training.
(a) The acquisition of interagency training courses and
non-governmental off-the-shelf training courses, whether for individual
employees or for groups of employees, is the responsibility of the
Assistant Secretary for Personnel Administration.
(b) Non-governmental training must be acquired through the
contracting office if there are costs for training course development or
for modification of off-the-shelf training courses.
48 CFR 317.7102 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR 317.7102 PART 319 -- SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
48 CFR 317.7102 Subpart 319.2 -- Policies
Sec.
319.201 General policy.
319.201-70 Small and disadvantaged business utilization specialist.
319.270 Federal acquisition conferences.
48 CFR 317.7102 Subpart 319.5 -- Set-Asides for Small Business
319.501 General.
319.503 Setting aside a class of acquisitions.
319.503-70 Small business class set-aside for construction, repair,
and alteration work.
319.505 Rejecting set-aside recommendations.
319.506 Withdrawing or modifying set-asides.
319.570 Contract payments.
48 CFR 317.7102 Subpart 319.7 -- Subcontracting With Small Business and
Small Disadvantaged Business Concerns
319.705 Responsibilities of the contracting officer under the
subcontracting assistance program.
319.705-2 Determining the need for a subcontracting plan.
319.705-3 Preparing the solicitation.
319.705-4 Reviewing the subcontracting plan.
319.705-5 Awards involving subcontracting plans.
319.705-6 Postaward responsibilities of the contracting officer.
319.706 Responsibilities of the cognizant administrative contracting
officer.
48 CFR 317.7102 Subpart 319.8 -- Contracting with the Small Business
Administration (the 8(a) Program)
319.800 General.
319.803 Selecting acquisitions for the 8(a) Program.
319.812 Contract administration.
319.870 Liaison with the Small Business Administration.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14007, Apr. 9, 1984, unless otherwise noted.
48 CFR 317.7102 Subpart 319.2 -- Policies
48 CFR 319.201 General policy.
(c) The functional management responsibilities for the Department's
small business, disadvantaged business, and labor surplus area programs
are delegated to the Director of the Office of Small and Disadvantaged
Business Utilization (OSDBU).
(1) The Director, OSDBU is responsible for:
(i) Recommending to the Under Secretary overall Department-wide
operating concepts and policies relating to the Department's small
business, disadvantaged business, and labor surplus area programs;
(ii) Implementing policy decisions through the issuance of operating
procedures (Operating Divisions (OPDIVs) may develop alternative
procedures for achieving departmental policy goals, and objectives.
However, any change in procedures must be approved by the Under
Secretary);
(iii) Reviewing and evaluating the Department's policies, practices,
and procedures pertaining to the disadvantaged business, small business,
and labor surplus area programs, as well as recommending changes or
corrective actions to the OPDIV heads or to the Under Secretary, as
appropriate;
(iv) Providing the Under Secretary with regular appraisals of
performance and quality of effort, including timely notification of
significant problems, events, and accomplishments, and the need for
changes in Department-wide objectives and policies; and
(v) Providing technical assistance and support to the small and
disadvantaged business utilization specialists.
(2) The Director, OSDBU is authorized to:
(i) Establish standards, procedures and operating guidelines
controlling the manner in which the small business, disadvantaged
business, and labor surplus areas programs are conducted throughout the
Department;
(ii) Provide advice on proposed allocations of personnel, funds, and
other resources in light of the total needs of the Department;
(iii) Prescribe, after coordination with appropriate concerned
personnel, reporting requirements necessary to preserve openness in
reporting, identifying emerging problems, monitor Department-wide
activity, and provide a basis for appraisal and evaluation of
performance. To the maximum extent, these reporting requirements will
be satisfied through existing Department-wide reporting systems or by
making modifications to them;
(iv) Conduct surveys and review of operating practices in the OPDIVs
and regional offices; and
(v) Communicate directly with the small and disadvantaged business
utilization specialists to assist them in carrying out their individual
and collective responsibilities.
48 CFR 319.201-70 Small and disadvantaged business utilization
specialist.
(a) The Head of each OPDIV shall appoint a qualified full time small
and disadvantaged business utilization specialist (SADBUS) in the
following activities: Office of Human Development Services (OHDS),
Health Care Financing Administration (HCFA), Social Security
Administration (SSA), Public Health Service (PHS), to include the Food
and Drug Administration (FDA), Health Resources and Services
Administration (HRSA) (and each regional Office of Engineering
Services), Indian Health Service (IHS), National Institutes of Health
(NIH), Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA),
Centers for Disease Control (CDC), and Administrative Services Center
(ASC). A SADBUS shall also be appointed for the Office of the Secretary
(OS) and for each Regional Office. As deemed necessary, additional
small and disadvantaged business utilization specialists may be
appointed in larger contracting activities.
(b) When the volume of contracting does not warrant assignment of a
full-time SADBUS, an individual shall be appointed as the specialist on
a part-time basis. The responsibilities of this assignment shall take
precedence over other responsibilities. The specialist shall be
responsible directly to the appointing authority and shall be at an
organizational level outside the direct acquisition chain of command,
i.e., should report directly to the principal official responsible for
acquistion, where appropriate.
(c) The Director, OSDBU will exercise functional management authority
over small and disadvantaged business utilization specialist regarding
small business, disadvantaged business, and labor surplus area matters.
Appointments of SADBUS's shall only be made after consultation with the
Director, OSDBU. A copy of each appointment and termination of
appointment of specialists shall be forwarded to the Director, OSDBU.
(d) The SADBUS shall perform the following duties, as determined to
be appropriate to the activity by the appointing official or by the
Director, OSDBU. The SADBUS shall:
(1) Maintain a program designed to locate capable small business,
disadvantaged business, women-owned business and labor surplus area
business sources for current and future acquisitions, through SBA or by
using other methods, establish appropriate source lists for each
category, and work closely with contracting and small purchasing offices
to ensue offers are solicited from firms on the source lists;
(2) Coordinate inquiries and requests for advice from small business,
disadvantaged business, women-owned business, and labor surplus area
business concerns on acquisition matters, and counsel them with respect
to business opportunities to enhance their potential participation in
the Department's acquisition program;
(3) Prior to the issuance of solicitations (or contract modifications
for additional supplies or services) in excess of the small purchase
limitation, which have not been reviewed, reserved, or set-aside by the
contracting officer, review the contracting officer's justification for
such action;
(4) Assure that small business, disadvantaged business, women-owned
business, and labor surplus area concerns are provided adequate
specifications or drawings by initiating actions, in writing, with
appropriate technical and contracting personnel to ensure that all
necessary specifications or drawings for current and future
acquisitions, as appropriate, are available;
(5) Review proposed requirements for possible breakout of items
suitable for acquisitions from small business, disadvantaged business,
women-owned business, and labor surplus area concerns;
(6) Assure that financial assistance, available under existing
regulations, is offered, and that requests by small business concerns
for proper assistance are not treated as a handicap in the award of
contracts;
(7) Participate in determinations concerning responsibility of
prospective contractors whenever small business concerns are involved;
(8) Participate in the evaluation of a prime contractor's small
business, labor surplus area, and disadvantaged business subcontracting
plans;
(9) Advise and assist contracting officers in discharging their
responsibilities by:
(i) Monitoring and reviewing contractor performance to determine
compliance with small and small disadvantaged business subcontracting
plans, and
(ii) Developing and maintaining records and reports that reflect such
compliance or noncompliance;
(10) Review and make appropriate recommendations to the contracting
officer on proposals to furnish Government-owned facilities to
contractors if this action may enhance the small business program;
(11) Assure that the participation of small businesses, disadvantaged
businesses, women-owned business, and labor surplus area concerns is
accurately reported;
(12) Make available to SBA copies of solicitations when so requested;
(13) When a bid or offer from a small business, disadvantaged
business, women-owned business, or labor surplus area concern has been
rejected for nonresponsiveness or nonresponsibility, upon request, aid,
counsel and assist that firm in understanding requirements for
responsiveness and responsibility so that the firm may be able to
qualify for future awards;
(14) Participate in government-industry conferences to assist small
business, disadvantaged business, women-owned business, and labor
surplus area concerns, including Business Opportunity/ Federal
Acquisition Conferences, Minority Business Enterprises Acquisition
Seminars, and Business Opportunity Committee meetings;
(15) Advise potential sources how they can obtain information about
sealed bid and negotiated acquisitions;
(16) Brief the head of the contracting activity at least once
quarterly concerning the status of the activity's small business,
disadvantaged business, women-owned business, and labor surplus area
programs in relation to goals and objectives established;
(17) Participate in the development, implementation, and review of
automated source systems to assure that the interests of small business,
disadvantaged business, women-owned business, and labor surplus area
concerns are fully considered;
(18) Assure that the organization maintains a list of products and
services which are categorized as repetitive small business set-aside;
(19) Provide small business, disadvantaged business, women-owned
business, and labor surplus area concerns information regarding
assistance available from Federal agencies such as the Small Business
Administration, Minority Business Development Agency, Bureau of Indian
Affairs, Economic Development Administration, National Science
Foundation, Department of Labor, and others, including State agencies
and trade associations;
(20) Be responsible for establishing an education and training
program for personnel whose duties and functions affect the activity's
small business, disadvantaged business, women-owned business, and labor
surplus areas programs; and
(21) Participate in interagency programs relating to small business,
disadvantaged business, women-owned business, and labor surplus area
matters as authorized by the Director, OSDBU.
(49 FR 14007, Apr. 9, 1984, as amended at 50 FR 23126, 23133, May 31,
1985; 50 FR 38004, Sept. 19, 1985; 54 FR 24343, June 7, 1989; 57 FR
11690, Apr. 7, 1992)
48 CFR 319.270 Federal acquisition conference.
The Department of Commerce is responsible for coordinating the
participation of Federal civilian agencies in a continuing series of
conferences which are sponsored by members of Congress. The objectives
of these conferences are:
(a) Location of additional acquisition sources to broaden the
acquisition base of Federal agencies;
(b) Stimulation of local, regional, and national economic growth,
national security, and cost reduction;
(c) Location of underutilized production capacity;
(d) Prevention or elimination of pockets of underemployment; and
(e) Assistance of small and small disadvantaged business concerns.
As notified by the OSDBU, contracting activities shall provide
appropriate SADBUS or acquisition personnel to participate in
person-to-person counseling at these conferences. Ordinarily,
participation by contracting activities will be restricted to
conferences held within the geographical areas adjacent to their
officers. The brochure, ''How To Do Business With DHHS'' should be of
great assistance in this counseling as it has been specifically prepared
to assist individuals, firms, and institutions who may wish to do
business with this Department. It contains a brief description of the
mission and programs of HHS and its Operating Divisions and provides a
listing of contracting offices and the types of services and commodities
acquired by each.
48 CFR 319.270 Subpart 319.5 -- Set-Asides for Small Business
48 CFR 319.501 General.
(c) Prior to the contracting officer's review, the SADBUS shall
review each proposed acquisition to determine the feasibility of
recommending award to the Small Business Administration (SBA) pursuant
to section 8(a) of the Small Business Act. When it cannot be awarded to
SBA pursuant to section 8(a), the SADBUS shall review the proposed
acquisition to determine if it can be recommended as a set-aside under
one of the set-aside priorities stated in FAR 19.504. The SADBUS's
recommendation shall be entered on Form HHS-653, Small Business-Labor
Surplus Set-Aside Review Form, with the reasons for the type of
set-aside recommended, or the reasons for not recommending a set-aside,
and provided to the contracting officer. Upon receipt of the Form
HHS-653, the contracting officer shall promptly concur or nonconcur with
the SADBUS's recommendation. The contracting officer will make the
final determination as to whether the proposed acquisition will be
set-aside or not. If the contracting officer approves the SADBUS's
set-aside recommendation, the proposed acquisition will be set-aside as
specified. However, if the contracting officer disapproves the SADBUS's
set-aside recommendation, the reasons must be documented on the Form
HHS-653, and the form signed. (See 319.505 for options available to the
SADBUS regarding the contracting officer's disapproval of a set-aside
recommendation.) In all cases, the completed Form HHS-653 is to be
retained by the contracting officer and placed in the contract file.
(57 FR 11690, Apr. 7, 1992)
48 CFR 319.503 Setting aside a class of acquisitions.
48 CFR 319.503-70 Small business class set-aside for construction,
repair, and alteration work.
A small business class set-aside is considered to have been made for
each proposed acquisition for construction, repair, and alteration work
in an estimated amount ranging from $2,500 to $2 million. Accordingly,
the contracting officer shall set aside for small business each proposed
acquisition. If, in his/her judgment, the particular acquisition
falling within the dollar limits specified above is unsuitable for a
set-aside for exclusive small business participation, the procedure set
forth in FAR 19.506 shall apply. Proposed acquisitions for
construction, repair, and alteration work in an estimated amount of more
than $2 million shall be processed on a case by case basis.
48 CFR 319.505 Rejecting set-aside recommendations.
(a) If the contracting officer rejects the SADBUS's recommendation
for a set-aside and an SBA procurement center representative (PCR) is
not assigned or available, the SADBUS may appeal, in writing, to the
head of the contracting activity (HCA) or his/her designee. The SADBUS
shall provide the HCA or designee all the pertinent information
concerning the set-aside disagreement, and the HCA shall respond in
writing within seven business days. The HCA's decision is final and not
appealable. The decision by the HCA shall be attached to the Form
HHS-653 and placed in the contract file. After receipt of a final
decision by the HCA, and if the decision approves the action of the
contracting officer, the SADBUS shall forward, for information and
management purposes, complete documentation of the case to the OSDBU
Director. Documentation transmitted shall include, as a minimum, a copy
of the appeal memorandum submitted to the HCA, a copy of the IFB or RFP,
a list of proposed sources, a copy of the Form HHS-653 and attachments
completed by the SADBUS and the contracting officer, a copy of the HCA's
decision, and all other written material considered by the HCA in
arriving at the decision. The SADBUS' transmittal memorandum shall
contain an affirmative statement that the attachments constitute the
complete file reviewed and considered by the HCA in making the final
decision.
If an SBA PCR is assigned or available and the SADBUS refers the case
to that person, the SBA PCR may either concur with the decision of the
contracting officer not to set-aside the proposed acquisition or
recommend to the contracting officer that it be set-aside. For the SBA
PCR to make a comprehensive review, at least the following should be
provided as attachments to the Form HHS-653: the statement of work,
evaluation criteria, Government cost estimate, source list including
size of firms, and a copy of any justification for other than small
business considerations that may be applicable. Once the case has been
referred to the SBA PCR, no further appeal action shall be taken by the
SADBUS. (Refer to FAR 19.505 for the procedures available to the SBA
PCR if the contracting officer rejects the set-aside recommendation.)
(49 FR 14007, Apr. 9, 1984, as amended at 57 FR 11690, Apr. 7, 1992)
48 CFR 319.506 Withdrawing or modifying set-asides.
(b) If an SBA PCR is not assigned, the disagreement between the
contracting officer and the SADBUS shall be referred to the HCA for
resolution.
(d) Immediately upon notice from the contracting officer, the SADBUS
shall provide telephone notification regarding all set-aside withdrawals
to the OSDBU Director.
48 CFR 319.570 Contract payments.
Contract payments to small business concerns must be made on a timely
basis. Payment of an invoice or voucher must be made within 30 days
after receipt of the invoice or voucher or from acceptance of the goods
or services. Each invoice or voucher from a small business concern not
sent directly to the servicing finance office, but received by the
contracting activity, shall be stamped or otherwise identified for
expedited payment before it is forwarded to the servicing finance
office.
48 CFR 319.570 Subpart 319.7 -- Subcontracting With Small Business and Small Disadvantaged Business Concerns
48 CFR 319.705 Responsibilities of the contracting officer under the subcontracting assistance program.
48 CFR 319.705-2 Determining the need for a subcontracting plan.
The dollar value of all proposed incremental funding actions shall be
included in determining whether the acquisition meets the dollar
threshold requiring a subcontracting plan. The subcontracting plan
shall be based on the total value of the acquisition which will include
the value of all option quantities or funding actions.
48 CFR 319.705-3 Preparing the solicitation.
The SBA PCR should be allowed a period of one to five business days
for the review of the solicitation, depending upon the circumstances and
complexity of the individual acquisition.
(49 FR 14007, Apr. 9, 1984, as amended at 57 FR 11690, Apr. 7, 1992)
48 CFR 319.705-4 Reviewing the subcontracting plan.
The offeror's/bidder's subcontracting plan for small business
concerns shall be judged independently of the subcontracting plan for
small disadvantaged business concerns. If a subcontracting plan is not
obtained, the contracting officer must document the contract file to
substantiate the reasons why the plan was not obtained. The contracting
officer must obtain a satisfactory subcontracting plan prior to awarding
the contract.
(d) If the contracting officer determines that the subcontracting
plan submitted reflects the best effort by the offeror/bidder to award
subcontracts to small and small disadvantaged business concerns, but the
SADBUS disagrees with the contracting officer's determination, a final
determination shall be made by the principal official responsible for
acquisition. The SADBUS shall submit this final determination to the
Director, OSDBU with the appropriate supporting documentation.
(1) The contracting officer may accept the terms of an overall or
''master'' company subcontracting plan if it is incorporated by
reference into a specific subcontracting plan submitted by the apparent
successful offeror/bidder for a specific contract, if:
(i) The master plan contains all the elements required by the
statute;
(ii) Subcontracting goals for small and small disadvantaged business
concerns are specifically set forth in each contract or modification
over the statutory thresholds;
(iii) Any changes to the plan deemed necessary and required by the
contracting officer in areas other than goals are specifically set forth
in the contract or modification;
(iv) The contracting officer has copies of the entire plan; and
(v) The SBA PCR has had an opportunity to comment on the master plan.
(2) If the prime contract is for a commercial product, the required
subcontracting plan may relate to the company's production of the item
generally (both for the Government contract and for regular commercial
sale) rather than solely to the item being acquired under the Government
contract. In such cases, the contractor shall be required to submit one
company-wide, annual plan to be reviewed for approval by the first
agency with which it enters into a prime contract (which requires a
subcontracting plan) during the fiscal year. The approved plan will
remain in effect for the entire fiscal year and is applicable to all
deliveries made under contracts entered into during the contractor's
fiscal year, even though these deliveries are made in a succeeding
fiscal year. The contractor shall submit a new plan to the first agency
with which it enters into a contract (over the statutory threshold)
during a succeeding fiscal year. The new plan shall apply to all
deliveries made under contracts entered into during the succeeding
fiscal year, no matter when the deliveries are made.
(49 FR 14007, Apr. 9, 1984, as amended at 57 FR 11690, Apr. 7, 1992)
48 CFR 319.705-5 Awards involving subcontracting plans.
(a)(3) The SBA PCR shall be allowed a period of one to five business
days to review the contract award package, depending upon the
circumstances and complexity of the individual acquisition.
48 CFR 319.705-6 Postaward responsibilities of the contracting officer.
The SADBUS shall perform the distribution requirements stated in
paragraphs (a) through (c) of FAR 19.705-6. A copy of any company-wide
plans and associated approvals shall also be sent to the Director, OSDBU
by the SADBUS. In addition, the SADBUS is responsible for summarizing
and reporting to the Director, OSDBU, on a quarterly basis, all prime
contracts $500,000 and over ($1 million for construction) using the
following reporting format:
(a) Name of the OPDIV and program office;
(b) Number and dollar amount of contracts requiring subcontracting
plans;
(c) Number of contracts with subcontracting plans;
(d) Number of contracts without subcontracting plans;
(e) Small and small disadvantaged business subcontracting goals; and
(f) Statements citing reasons why small and small disadvantaged
business subcontracting plans were not included in the contracts.
48 CFR 319.706 Responsibilities of the cognizant administrative
contracting officer.
(a) The contracting officer shall comply with the requirements of FAR
19.706(a), and shall use the Standard Form 294, Subcontracting Report
for Individual Contracts, to monitor the contractor's progress in
achieving both the small business and small disadvantaged business
subcontracting goals. The contracting officer shall require the
contractor to provide in the Remarks block of each Standard Form 294
submitted a narrative of the progress in fulfilling the small business
and small disadvantaged business subcontracting goals. The contracting
officer shall require the contractor to report any difficulties in
achieving the goals and the actions being taken by the contractor to
overcome the difficulties. The contracting officer shall document the
contract file whenever the contractor is experiencing difficulties in
achieving the planned subcontracting goals, and shall indicate the
actions taken by the contractor to resolve the difficulties and the
actions taken by the contracting officer to remedy the situation. A
copy of this documentation shall be provided to the SADBUS.
(b) At the time of physical completion of the contract, the
contracting officer shall prepare a memorandum for record for inclusion
in the contract file indicating whether or not the contractor complied
with the subcontracting plan and subcontracting provisions of the
contract.
(1) If the contractor achieved its subcontracting dollar goals for
both small business and small disadvantaged business, the memorandum
shall state that the contractor complied with the subcontracting plan
and provisions of the contract. No other documentation is needed.
(2) If the contractor failed to achieve its subcontracting dollar
goals for either small business or small disadvantaged business, or
both, the contracting officer shall indicate this failure in the
memorandum and determine whether the contractor did or did not exercise
its best efforts in attempting to achieve the goals.
(i) If determined that the contractor exercised its best efforts, the
contractor shall be found to have complied with the subcontracting plan
and provisions of the contract. The rationale for this determination
shall be documented in the memorandum.
(ii) If determined that the contractor did not exercise its best
efforts, the contractor shall be found to have not complied with the
subcontracting plan and provisions of the contract. The reasons for
this determination shall be documented in the memorandum, along with a
description of specific actions taken by the contracting officer during
the performance of the contracting to attempt to remedy the failure.
(c) A copy of the memorandum pertaining to either situation described
in paragraph (b)(2) (i) or (ii) of this section shall be sent to the
Director, Office of Small and Disadvantaged Business Utilization.
(50 FR 46299, Nov. 7, 1985)
48 CFR 319.706 Subpart 319.8 -- Contracting with the Small Business
Administration (the 8(a) Program)
Source: 55 FR 13536, Apr. 11, 1990, unless otherwise noted.
48 CFR 319.800 General.
(c) The signing of the contract document may be accepted as the Small
Business Administration's (SBA) certification that SBA is competent to
perform a specific HHS requirement.
48 CFR 319.803 Selecting acquisitions for the 8(a) Program.
(c) Brochures of 8(a) concerns which have been interviewed by the
Office of Small and Disadvantaged Business Utilization (OSDBU) are
forwarded to each small and disadvantaged business utilization
specialist (SADBUS). These brochures are to be reviewed by the SADBUS
to match HHS requirements with the capabilities of these concerns. The
SADBUS will make the capabilities of these concerns known to program
personnel and will obtain information, as needed, by contacting OSDBU or
SBA.
48 CFR 319.812 Contract administration.
(b) The responsibility for subcontract administration and field
inspection will, in most cases, be delegated by SBA to the contracting
activity. The contracting activity may develop a tripartite agreement
for execution by SBA, the 8(a) subcontractor, and the contracting
activity instead of developing separate modifications for the SBA
contract and the 8(a) subcontract.
(c) Some 8(a) concerns may need additional management expertise for
optimal performance and completion of a particular contract. Therefore,
when subcontract administration is delegated to HHS by SBA, the
contracting activity shall promptly apprise the SBA, the SADBUS, and
OSDBU whenever the contractor is experiencing problems. SBA should
provide necessary technical assistance so the contractor can
successfully complete the contract.
(d) The OSDBU, SADBUS, and SBA are to be notified prior to initiating
final action to terminate an 8(a) contract.
48 CFR 319.870 Liaison with the Small Business Administration.
(a) Contracting activities will maintain a continuous liaison with
the SBA to ensure that the overall goals of each activity are achieved.
In the event there is a dispute between the contracting activity and a
SBA representative regarding any aspect of 8(a) contracting, the
contracting activity must promptly notify OSDBU.
(b) The business development responsibility of SBA requires them to
assist in and monitor the growth and development of all 8(a) concerns.
Therefore, it is incumbent upon HHS to assist SBA in this effort by
utilizing the source selection process in a manner that would make use
of the largest possible number of 8(a) concerns.
48 CFR 319.870 PART 320 -- LABOR SURPLUS AREA CONCERNS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 319.870 Subpart 320.1 -- General
48 CFR 320.102 General policy.
Contracting activities should obtain appropriate publications and
other information identifying labor surplus areas from:
U.S. Department of Labor, Employment and Training Administration,
Office of Policy Evaluation and Research, Division of Labor Market
Information, Washington, D.C. 20530.
Contracting officers shall use the ''Directory of Labor Surplus Area
Contractors,'' provided by the Office of Small and Disadvantaged
Business Utilization, as a source to identify labor surplus area
concerns and to augment other labor surplus area source lists.
Contracting officers should also seek to identify concerns from labor
surplus areas by placing sources sought synopses in the Commerce
Business Daily. Small and disadvantaged business utilization
specialists shall assist contracting officers in developing and
maintaining source lists of small business and other concerns in labor
surplus areas. Department of Commerce and SBA regional and field
offices should be contacted for assistance in identifying labor surplus
area concerns.
(49 FR 14012, Apr. 9, 1984)
48 CFR 320.102 PART 322 -- APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
48 CFR 320.102 Subpart 322.6 -- Walsh-Healey Public Contracts Act
Sec.
322.604 Exemptions.
322.604-2 Regulatory exemptions.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 320.102 Subpart 322.6 -- Walsh-Healey Public Contracts Act
322.604 Exemptions.
(51 FR 44294, Dec. 9, 1986)
48 CFR 322.604-2 Regulatory exemptions.
(c)(1) The actions required by FAR 22.604-2(c)(1) shall be exercised
by the Director, Office of Acquisition and Grants Management (DOAGM).
Contracting offices requiring exemptions shall forward requests through
normal acquisition channels to the DOAGM.
(51 FR 44294, Dec. 9, 1986; 51 FR 47353, Dec. 31, 1986, as amended
at 54 FR 24343, June 7, 1989)
48 CFR 322.604-2 PART 324 -- PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
48 CFR 322.604-2 Subpart 324.1 -- Protection of Individual Privacy
Sec.
324.100 Scope of subpart.
324.102 General.
324.103 Procedures.
48 CFR 322.604-2 Subpart 324.2 -- Freedom of Information Act
324.202 Policy.
48 CFR 322.604-2 Subpart 324.70 -- Confidentiality of Information
324.7001 General.
324.7002 Policy.
324.7003 Applicability.
324.7004 Required clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14013, Apr. 9, 1984, unless otherwise noted.
48 CFR 322.604-2 Subpart 324.1 -- Protection of Individual Privacy
48 CFR 324.100 Scope of subpart.
This subpart implements 45 CFR Part 5b, Privacy Act Regulations, and
FAR Subpart 24.1, Protection of Individual Privacy, which implement the
Privacy Act of 1974 (Pub. L. 93-579, December 31, 1974; 5 U.S.C. 552a)
and OMB Circular No. A-108, July 9, 1975.
48 CFR 324.102 General.
(a) It is the Department's policy to protect the privacy of
individuals to the maximum possible extent while permitting the exchange
of records required to fulfill the Department's administrative and
program responsibilities and its responsibilities for disclosing records
to which the general public is entitled under the Freedom of Information
Act (5 U.S.C. 552). The Privacy Act of 1974 and the Department's
implementation under 45 CFR Part 5b apply ''when an agency provides by a
contract for the operation by or on behalf of the agency of a system of
records to accomplish any agency function . . .'' The key factor is
whether a departmental function is involved. Therefore, the Privacy Act
requirements apply to a departmental contract when, under the contract,
the contractor must maintain or operate a system of records to
accomplish a departmental function.
(e) The program official, and, as necessary, the official designated
as the activity's Privacy Act Coordinator and the Office of General
Counsel, shall determine the applicability of the Act to each proposed
acquisition. The program official is required to include a statement in
the request for contract indicating whether the Privacy Act is or is not
applicable to the proposed acquisition.
(f) Whenever the contracting officer is informed that the Privacy Act
is not applicable, but the resultant contract will involve the
collection of individually identifiable personal data by the contractor,
the contracting officer shall include provisions to protect the
confidentiality of the records and the privacy of individuals identified
in the records (see Subpart 324.70).
48 CFR 324.103 Procedures.
(a) All requests for contract shall be reviewed by the contracting
officer to determine whether the Privacy Act requirements are
applicable. If applicable, the contracting officer shall include the
solicitation notification and contract clause required by FAR 24.104 in
the solicitation, and the contract clause in the resultant contract. In
addition, the contracting officer shall ensure that the solicitation
notification, contract clause, and other pertinent information specified
in this subpart are included in any contract modification which results
in the Privacy Act requirements becoming applicable to a contract.
(b)(1) The contracting officer shall identify the system(s) of
records on individuals in solicitations, contracts, and contract
modifications to which the Privacy Act and the implementing regulations
are applicable.
(2) The contracting officer shall include a statement in the contract
notifying the contractor that the contractor and its employees are
subject to criminal penalties for violations of the Act (5 U.S.C.
552a(i)) to the same extent as employees of the Department. The
statement shall require that the contractor assure that each contractor
employee knows the prescribed rules of conduct, and each contractor
employee is aware that he/she can be subjected to criminal penalties for
violations of the Act. The contracting officer shall provide the
contractor with a copy of the rules of conduct and other requirements
set forth in 45 CFR 5b.
(c) The contracting officer shall include in the contract the
disposition to be made of the system(s) of records on individuals upon
completion of performance of the contract. For example, the contract
may require the contractor to completely destroy the records, to remove
personal identifiers, to turn the records over to the Department, or to
keep the records but take certain measures to keep the records
confidential and protect the individuals' privacy.
(d) Whenever an acquisition is determined to be subject to the
Privacy Act requirements, a ''system notice,'' prepared by the program
official and describing the Department's intent to establish a new
system of records on individuals, to make modifications to an existing
system, or to disclose information in regard to an existing system, is
required to be published in the Federal Register. A copy of the
''system notice'' shall be attached to the request for contract or
purchase request. If a ''system notice'' is not attached, the
contracting officer shall inquire about its status and shall obtain a
copy from the program official for inclusion in the contract file. If a
''system notice'' has not been published in the Federal Register, the
contracting officer may proceed with the acquisition but shall not award
the contract until the ''system notice'' is published, and publication
is verified by the contracting officer.
48 CFR 324.103 Subpart 324.2 -- Freedom of Information Act
48 CFR 324.202 Policy.
(a) The Department's regulation implementing the Freedom of
Information Act (FOIA), 5 U.S.C. 552, as amended, is set forth in 45 CFR
Part 5.
(b) The contracting officer, upon receiving a FOIA request, shall
follow Department and operating division procedures. As necessary,
actions should be coordinated with the cognizant Freedom of Information
(FOI) Officer and the Business and Administrative Law Division of the
Office of General Counsel. The contracting officer must remember that
only the FOI Officer has the authority to release or deny release of
records. While the contracting officer should be familiar with the
entire FOIA regulation in 45 CFR Part 5, particular attention should be
focused on sections 5.65 and 5.66; also of interest are sections 5.32,
5.33, and 5.35.
(54 FR 24343, June 7, 1989)
48 CFR 324.202 Subpart 324.70 -- Confidentiality of Information
48 CFR 324.7001 General.
In the performance of certain HHS contracts, it is necessary for the
contractor to generate data, or be furnished data by the Government,
which is about individuals, organizations, or Federal programs. This
subpart and the accompanying contract clause require contractors to
prudently handle disclosure of certain types of information not subject
to the Privacy Act or the HHS human subject regulations set forth in 45
CFR Part 46. This subpart and contract clause address the kinds of data
to be generated by the contractor and/or data to be furnished by the
Government that are considered confidential and how it should be
treated.
48 CFR 324.7002 Policy.
It is the policy of HHS to protect personal interests of individuals,
corporate interests of non-governmental organizations, and the capacity
of the Government to provide public services when information from or
about individuals, organizations, or Federal agencies is provided to or
obtained by contractors in performance of HHS contracts. This
protection depends on the contractor's recognition and proper handling
of such information. As a result, the ''Confidentiality of
Information'' contract clause was developed.
48 CFR 324.7003 Applicability.
(a) The ''Confidentiality of Information'' clause, set forth in
352.24-70, should be used in solicitations and resultant contracts
whenever the need exists to keep information confidential. Examples of
situations where the clause may be appropriate include:
(1) Studies performed by the contractor which generate information or
invlove Government-furnished information that is personally
identifiable, such as medical records, vital statistics, surveys, and
questionnaires;
(2) Contracts which involve the use of salary structures, wage
schedules, proprietary plans or processes, or confidential financial
information of organizations other than the contractor's; and
(3) Studies or research which may result in preliminary or
unvalidated findings which, upon disclosure to the public, might create
erroneous conclusions which, if acted upon, could threaten public health
or safety.
(b) With regard to protecting individuals, this subpart and contract
clause are not meant to regulate or control the method of selecting
subjects and performing studies or experiments involving them. These
matters are dealt with in the HHS regulation entitled ''Protection of
Human Subjects,'' 45 CFR Part 46. If a system of records under
contract, or portions thereof, is determined to be subject to the
requirements of the Privacy Act, in accordance with FAR 24.1 and 324.1
and Title 45 CFR Part 5b, the procedures cited in those references are
applicable and the Privacy Act contract clause shall be included in the
contract. If the contract also involves confidential information, as
described herein, which is not subject to the Privacy Act, the contract
shall include the ''Confidentiality of Information'' clause in addition
to the Privacy Act clause.
48 CFR 324.7004 Required clause.
The clause set forth in 352.224-70 shall be included in any RFP and
resultant contract(s) where it has been determined that confidentiality
of information provisions may apply. Any REP announcing the intent to
include this clause in any resultant contract(s) shall indicate, as
specifically as possible, the types of data which would be covered and
requirements for handling such data.
48 CFR 324.7004 PART 325 -- FOREIGN ACQUISITION
48 CFR 324.7004 Subpart 325.1 -- Buy American Act -- Supplies
Sec.
325.102 Policy.
325.108 Excepted articles, materials, and supplies.
325.108-70 Formats for nonavailability determinations.
48 CFR 324.7004 Subpart 325.3 -- Balance of Payments Program
325.302 Policy.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14015, Apr. 9, 1984, unless otherwise noted.
48 CFR 324.7004 Subpart 325.1 -- Buy American Act -- Supplies
48 CFR 325.102 Policy.
(b) The head of the contracting activity shall make the
determinations required by FAR 25.102(a) (1) through (5) and FAR
25.102(b).
(51 FR 44294, Dec. 9, 1986; 51 FR 47353, Dec. 31, 1986)
48 CFR 325.108 Excepted articles, material, and supplies.
(b) Articles, materials, and supplies not listed in FAR 25.108(d) may
be excepted only after a written determination has been made by the head
of the contracting activity. These determinations are required only in
instances where it has been determined that only suppliers of foreign
source end items shall be solicited. However, approvals and
determinations covering individual acquisitions in the following
categories may be made by the contracting officer:
(1) Acquisition of spare and replacement parts for foreign
manufactured items, if the acquisition must be restricted to tghe
original manufacturer or its supplier; and
(2) Acquisition of foreign drugs when it has been determined, in
writing, by the responsible program official, that only the requested
foreign drug will fulfill the requirement.
Formats for the above referenced written determinations are shown in
325.108-70.
48 CFR 325.108-70 Formats for nonavailability determinations.
(a) The following is the format for a nonavailability determination
made by a contracting officer:
Pursuant to the authority contained in section 2, Title III, of the
Act of March 3, 1933, popularly called the Buy American Act (41 U.S.C.
10(a-d)), and authority delegated to me by 325.108(b), I hereby find
that:
(a) (Insert a description of the item or items to be acquired,
including unit, quantity, and estimated cost inclusive of duty and
transportation costs to destination.)
(b) (Enter the name and address of the proposed contractor or
supplier, and country of origin of the item or items.)
(c) (Include a statement of the necessity for the acquisition.)
(d) (Include a statement of facts establishing the nonavailability of
a similar item or items of domestic origin. If there is no known
domestic item or items which can be used as a reasonable substitute, a
statement to this effect will be made.)
Based upon these findings, it is determined that the above-described
item(s) is (are) not mined, produced, or manufactured, or the articles,
materials, or supplies from which it (they) is (are) manufactured, are
not mined, produced, or manufactured, as the case may be, in the United
States in sufficient and reasonably available commercial quantities and
of a satisfactory quality.
Accordingly, the requirement of the Buy American Act that acquisition
be made from domestic sources and that it be of domestic origin is not
applicable to this acquisition, since the referenced acquisition is
within the nonavailability exception stated in the Buy American Act.
Authority is granted to acquire the above-described item(s) of foreign
origin (country of origin) at an estimated total cost of $ ------ ,
including duty and transportation cost to destination.
(Date)
(Contracting Officer)
(b) The following is the format for a nonavailability determination
made by the head of the contracting activity. Part 1 of the
determination shall be signed by the preparing authority (contracting
officer of official with contracting authority), and Part 2 shall be
signed by the approving authority.
Date
Pursuant to the authority contained in Section 2, Title III, of the
Act of March 3, 1933, popularly called the Buy American Act (41 U.S.C.
10(a-d)), I hereby find:
(a) (Insert a description of the item or items to be acquired,
including unit, quantity, and estimated cost inclusive of duty and
transportation costs to destination.)
(b) (Insert a brief statement of the necessity for the acquisition.)
(c) (Include a statement of facts establishing the nonavailability of
a similar item or items of domestic origin.)
Based upon the above showing of fact, it is determined that the above
described item(s) is (are) not mined, produced, or manufactured, or the
articles, materials, or supplies from which it (they) is (are)
manufactured, are not mined, produced or manufactured, as the case may
be, in the United States in sufficient and reasonably available
commercial quantities and of a satisfactory quality.
(Signature)
The requirement of the Buy American Act that acquisition be made from
domestic sources and that it be of domestic origin is not applicable to
the above described acquisition, since the referenced acquisition is
within the nonavailability exception stated in the Act. The feasibility
of foregoing the requirement or providing a United States substitute has
been considered. Authority is granted to acquire the above described
item(s) of foreign origin (country of origin) at an estimated total cost
of $ ------ , including duty and transportation costs to destination.
(Signature)
48 CFR 325.108-70 Subpart 325.3 -- Balance of Payments Program
48 CFR 325.302 Policy.
All determinations addressed in FAR 25.302 shall be made by the
principal official responsible for acquisition (not delegable).
48 CFR 325.302 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR 325.302 PART 328 -- BONDS AND INSURANCE
48 CFR 325.302 Subpart 328.3 -- Insurance
Sec.
328.301 Policy.
328.311 Solicitation provision and contract clause on liability
insurance under cost-reimbursement contracts.
328.311-2 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 56 FR 58316, Nov. 19, 1991, unless otherwise noted.
48 CFR 325.302 Subpart 328.3 -- Insurance
48 CFR 328.301 Policy.
(a) It is the policy of this Department to limit the Government's
reimbursement of its contractors' liability to third persons for claims
not covered by insurance in cost-reimbursement contracts to the
Limitation of Funds or Limitation of Cost clause of the contract.
(b) In addition to the limitations in paragraph (a) of this section,
the amount of the Government's reimbursement will be limited to final
judgments or settlements approved in writing by the Government.
48 CFR 328.311 Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts.
48 CFR 328.311-2 Contract clause.
(a) The contracting officer shall insert the clause at 352.228-7,
Insurance -- Liability to Third Persons, in all solicitations and
resulting cost-reimbursement contracts, in lieu of the clause at FAR
52.228-7.
48 CFR 328.311-2 PART 330 -- COST ACCOUNTING STANDARDS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 328.311-2 Subpart 330.2 -- CAS Program Requirements
48 CFR 330.201-5 Waiver.
(c) The requirements of FAR 30.201-5 shall be exercised by the
Director, Office of Acquisition and Grants Management (DOAGM). Requests
for waivers shall be forwarded through normal acquisition channels to
the DOAGM.
(54 FR 24344, June 7, 1989)
48 CFR 330.201-5 PART 332 -- CONTRACT FINANCING
48 CFR 330.201-5 Subpart 332.4 -- Advance Payments
Sec.
332.402 General.
332.403 Applicability.
332.406 Letters of credit.
332.407 Interest.
332.409 Contracting officer action.
332.409-1 Recommendation for approval.
48 CFR 330.201-5 Subpart 332.5 -- Progress Payments Based on Costs
332.501 General.
332.501-2 Unusual progress payments.
48 CFR 330.201-5 Subpart 332.7 -- Contract Funding
332.702 Policy.
332.703 Contract funding requirements.
332.703-1 General.
332.704 Limitation of cost or funds.
332.705 Contract clauses.
332.705-2 Clauses for limitation of costs or funds.
48 CFR 330.201-5 Subpart 332.9 -- Prompt Payment
Sec.
332.902 Definitions.
332.905 Invoice payments.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14018, Apr. 9, 1984, unless otherwise noted.
48 CFR 330.201-5 Subpart 332.4 -- Advance Payments
48 CFR 332.402 General.
(e) The determination that the making of an advance payment is in the
public interest (See FAR 32.402(c)(1)(iii)(A)) shall be made by the
respective principal official responsible for acquisition (PORA).
(52 FR 27560, July 22, 1987, as amended at 55 FR 42197, Oct. 18,
1990)
48 CFR 332.403 Applicability.
All contracts for research work with educational institutions located
in the United States shall provide for financing by use of advance
payments, in reasonable amounts, unless otherwise prohibited by law.
48 CFR 332.406 Letters of credit.
(c)(1) A blanket determination and findings authorizing interest free
advance payments under a single letter of credit has been executed and
remains in effect for each of the nonprofit organizations listed in
Attachment I ''Single Letter of Credit Recipients and Central Point
Addressees.'' These determinations and findings are applicable to all
existing and future contracts entered into by the Department, its
operating divisions, OS staff offices, and regional offices. All
contracts with the listed organizations which require advance payments
(whether under section 305 of the Federal Property and Administrative
Services Act of 1949, as amended, or other statutory authority) shall
provide for payment to be made under the appropriate letter of credit.
The clause set forth in 352.232-73 shall be included in all such
contracts and the cognizant fiscal office shall be apprised of its
inclusion.
(2) In those instances where it is practical and feasible to finance
an advance payment under a letter of credit other than one which is
incorporated under a single letter of credit described in paragraph
(c)(1) above, a determination and findings shall be executed by the PORA
if the cited authority is to be section 305 of the Federal Property and
Administrative Services Act. In cases where an authority other than
section 305 is to be used, a determination and findings shall be
submitted to the appropriate official authorized by the cited statute to
approve the advance payment.
(3) The Treasury Department's letter of credit method of financing
advance payments shall be employed, whenever feasible. Department-wide
blanket letters of credit, which apply to the financing of research
contracts and grants between the institution and all activities of the
Department, shall be utilized to the maximum extent practicable. Where
a particular educational institution is supported by research contracts
and grants with only one operating division of the Department, a single
letter of credit, applicable to all research contracts and grants
between the institution and that operating division may be employed.
(49 FR 14018, Apr. 9, 1984, as amended at 50 FR 23133, May 31, 1985;
50 FR 38004, Sept. 19, 1985; 51 FR 44294, Dec. 9, 1986; 55 FR 42197,
Oct. 18, 1990)
48 CFR 332.407 Interest.
(d) The PORA is authorized to make the determinations in FAR
32.407(d) and as follows. In addition to the interest-free advance
payments for the types of contracts listed in FAR 32.407(d), advance
payments without interest may be approved for nonprofit contracts which
are without fee with educational institutions and other nonprofit
organizations, whether public or private, which are for the performance
of work involving health services, educational programs, or social
service programs, including, but not limited to, programs such as:
(1) Community health representative services for an Indian Tribe or
Band;
(2) Narcotic addict rehabilitative services;
(3) Comprehensive health care service program for Model Neighborhood
programs;
(4) Planning and development of health maintenance organizations;
(5) Dissemination of information derived from educational research;
(6) Surveys or demonstrations in the field of education;
(7) Producing or distributing educational media for handicapped
persons including captioned films for the deaf;
(8) Operation of language or area centers;
(9) Conduct of biomedical research and support services;
(10) Research surveys or demonstrations involving the training and
placement of health manpower and health professionals, and dissemination
of related information; and
(11) Surveys or demonstrations in the field of social service.
(49 FR 14018, Apr. 9, 1984, as amended at 51 FR 44294, Dec. 9, 1986;
52 FR 27560, July 22, 1987; 55 FR 42197, Oct. 18, 1990)
48 CFR 332.409 Contracting officer action.
48 CFR 332.409-1 Recommendation for approval.
The information in FAR 32.409-1 (or FAR 32.409-2) shall be
transmitted to the PORA in the form of a briefing memorandum.
(49 FR 14018, Apr. 9, 1984, as amended at 51 FR 44294, Dec. 9, 1986;
52 FR 27560, July 22, 1987; 55 FR 42197, Oct. 18, 1990)
48 CFR 332.409-1 Subpart 332.5 -- Progress Payments Based on Costs
332.501 General.
(51 FR 44294, Dec. 9, 1986)
48 CFR 332.501-2 Unusual progress payments.
(a)(3) The approval of an unusual progress payment shall be made by
the appropriate principal official responsible for acquisition (PORA).
(51 FR 44294, Dec. 9, 1986, as amended at 52 FR 27560, July 22, 1987;
55 FR 42197, Oct. 18, 1990)
48 CFR 332.501-2 Subpart 332.7 -- Contract Funding
48 CFR 332.702 Policy.
An incrementally funded contract is a contract in which the total
work effort is to be performed over multiple time periods and funds are
allotted to cover discernible phases or increments of performance.
(a) Incremental funding may be applied to cost-reimbursement type
contracts for the acquisition of research and development and other
types of nonpersonal, nonseverable services. It shall not be applied to
contracts for construction services, architect-engineer services, or
severable services. Incremental funding allows nonseverable
cost-reimbursement contracts, awarded for more than one year, to be
funded from succeeding fiscal years.
(b) It is departmental policy that contracts for projects of multiple
year duration be fully funded, whenever possible, to cover the entire
project. However, incrementally funded contracts may be used when:
(1) A project, which is part of an approved program, is anticipated
to be of multiple year duration, but funds are not currently available
to cover the entire project;
(2) The project represents a valid need of the fiscal year in which
the contract is awarded and of the succeeding fiscal years of the
project's duration, during which additional funds may be obligated by
increasing the allotment to the contract;
(3) The project is so significant to the approved program that there
is reasonable assurance that it will command a high priority for
proposed appropriations to cover the entire multiple year duration; and
(4) The statement of work is specific and is defined by separate
phases or increments so that, at the completion of each, progress can be
effectively measured.
(49 FR 14018, Apr. 9, 1984, as amended at 57 FR 35473, Aug. 10, 1992)
332.703 Contract funding requirements.
48 CFR 332.703-1 General.
(b) The following general guidelines are applicable to incrementally
funded contracts:
(1) The estimated total cost of the project (all planned phases or
increments) is to be taken into consideration when determining the
requirements which must be met before entering into the contract; i.e.,
justification for noncompetitive acquisition, approval of award, etc.
(2) The RFP and resultant contract are to include a statement of work
which describes the total project covering the proposed multiple year
period of performance and indicating timetables consistent with planned
phases or increments and corresponding allotments of funds.
(3) Offerors will be expected to respond to RFPs with technical and
cost proposals for the entire project indicating distinct break-outs of
the planned phases or increments.
(4) Negotiations will be conducted based upon the total project,
including all planned phases or increments, and the multiple year period
of performance.
(5) Sufficient funds must be obligated under the basic contract to
cover no less than the first year of performance, unless the contracting
officer determines it is advantageous to the Government to fund the
contract for a lesser period. In that event, the contracting officer
shall ensure that the obligated funds are sufficient to cover a complete
phase or increment of performance representing a material and measurable
part of the total project, and the contract period shall be reduced
accordingly.
(6) Because of the magnitude of the scope of work and multiple year
period of performance under an incrementally funded contract, there is a
critical need for careful program planning. Program planning must
provide for appropriate surveillance of the contractor's performance and
adequate controls to ensure that projected funding will not impinge on
the program office's ability to support, within anticipated
appropriations, other equally important contract or grant programs.
(7) An incrementally funded contract must contain precise
requirements for progress reports to enable the project officer to
effectively monitor the contract. The project officer should be
required to prepare periodic performance evaluation reports to
facilitate the program office's ultimate decision to allot additional
funds under the contract.
48 CFR 332.704 Limitation of cost or funds.
For detailed instruction regarding administrative actions in
connection with anticipated cost overruns, see Subpart 342.71.
48 CFR 332.705 Contract clauses.
48 CFR 332.705-2 Clauses for limitation of costs or funds.
(c) (1) When using the Limitation of Funds clause (FAR 52.232-22) in
the solicitation and resultant incrementally funded contract, the
contracting officer shall insert the following legend between the clause
title and the clause text:
(This clause supersedes the Limitation of Cost clause found in the
General Provisions of this contract.)
(2) The contracting officer shall also include a clause reading
substantially as that shown in 352.232-74 in the Special Provisions of
the resultant incrementally funded contract.
(3) The request for proposals must inform prospective offerors of the
Department's intention to enter into an incrementally funded contract.
Therefore, the contracting officer shall include the provision at
352.232-75 in the request for proposals whenever the use of incremental
funding is contemplated.
48 CFR 332.705-2 Subpart 332.9 -- Prompt Payment
48 CFR 332.902 Definitions.
Fiscal office means the office responsible for: (a) Determining
whether interest penalties are due a contractor and, if so, the amount,
(b) determining whether an invoice offers a financially advantageous
discount, (c) maintaining records for and submission of prompt payment
reports to the Deputy Assistant Secretary, Finance (DASF), ASMB, OS, and
(d) processing payments to the Treasury Department to allow for payment
to a contractor when due. The fiscal office shall fulfill the roles of
the ''designated billing office'' and the ''designated payment office.''
(53 FR 43208, Oct. 26, 1988)
48 CFR 332.905 Invoice payments.
(a)(1)(ii), (b)(4), (c)(5). In most instances, the contracting
officer will use the seven (7) day constructive acceptance period
(specified in paragraph (a)(6)(i) of the Prompt Payment clause at FAR
52.232-25, paragraph (a)(5)(i) of the Prompt Payment clause at FAR
52.232-26, and paragraph (a)(4)(i) of the Prompt Payment clause at FAR
52.232.-27) for solicitations and resultant contracts as the basis for
the fiscal office's computation of interest penalties. However, where
the contracting officer extends the constructive acceptance period,
under the conditions described in FAR 32.905, the extension shall be
coordinated with the fiscal office. A constructive acceptance period of
less than seven (7) days is not authorized.
(j) When the contracting officer mistakenly receives an invoice
first, or is specified in the contract as the first recipient of the
invoice, and the contract requires payment with thirty (30) days from
receipt of a ''proper invoice'' (as defined by FAR 32.902), the
contracting officer shall review the invoice to determine whether or not
it is proper; and, if so, shall approve the invoice and submit it to
the fiscal office within sixteen (16) days from the date of receipt.
When the contracting officer is the first recipient of the invoice and
the contract establishes a payment due date of more than thirty (30)
days after receipt, the contracting officer shall review, approve, and
submit the ''proper invoice'' to the fiscal office at least fourteen
(14) days prior to the payment due date (unless the contracting officer
and fiscal office agree, prior to contract award, to a longer period).
(54 FR 43966, Oct. 30, 1989)
48 CFR 332.905 PART 333 -- PROTESTS, DISPUTES, AND APPEALS
48 CFR 332.905 Subpart 333.1 -- Protests
Sec.
333.101 Definitions.
333.102 General.
333.103 Protests to the agency.
333.104 Protests to GAO.
333.105 Protests to GSBCA.
333.106 Solicitation provision and contract clause.
48 CFR 332.905 Subpart 333.2 -- Disputes and Appeals
333.203 Applicability.
333.209 Suspected fraudulent claims.
333.210 Contracting officer's authority.
333.211 Contracting officer's decision.
333.212 Contracting officer's duties upon appeal.
333.212-70 Formats.
333.213 Obligation to continue performance.
333.214 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 332.905 Subpart 333.1 -- Protests
Source: 50 FR 23133, May 31, 1985, unless otherwise noted.
48 CFR 333.101 Definitions.
Filed, as used in this subpart, means receipt in the contracting
office, the immediate Office of the Secretary, the General Accounting
Office (GAO), or the General Services Board of Contract Appeals (GSBCA),
as the case may be.
48 CFR 333.102 General.
(a) Contracting officers shall consider all protests or objections
regarding the award of a contract, whether submitted before or after
award, provided the protests are filed in a timely manner and are
submitted by interested parties. To be considered timely, protests
based on alleged improprieties in any type of solicitation which are
apparent before bid opening or the closing date for receipt of proposals
shall be filed prior to bid opening or the closing date for receipt of
proposals. In the case of negotiated acquisitions, alleged
improprieties which do not exist in initial solicitations, but which are
subsequently incorporated by amendment, must be protested not later than
the next closing date for receipt of proposals following the
incorporation. In other cases, protests shall be filed not later than
ten (10) Federal Government working days after the basis for protest is
known or should have been known, whichever is earlier. Provided a
timely protest has been filed initially with the contracting officer,
any subsequent protest to the Secretary or GAO filed within ten (10)
Federal Government working days of notification of adverse action will
be considered. Written confirmation of all oral protests shall be
requested from protestants and must be timely filed.
(d)(1) Office of Acquisition and Grants Management (OAGM) has been
designated as the headquarters office to serve as the liaison for
protests lodged with GAO. Within OAGM, the Departmental Protest Control
Officer (DPCO) has been designated as the individual to be contacted by
GAO.
(2) The Office of General Counsel -- Business and Administrative Law
Division (OGC-BAL) has been designated to serve as the liaison for
protests lodged with the GSBCA.
(3) Each contracting activity shall designate a protest control
officer to serve as an advisor to the contracting officer and to monitor
protests from the time of initial notification until the protest has
been resolved. The protest control officer should be a senior
acquisition specialist in the headquarters acquisition staff office. In
addition, contracting activities should designate similar officials
within their principal components to the extent practicable and
feasible. A copy of each appointment and termination of appointment of
protest control officers shall be forwarded to the Director, OAGM.
(50 FR 23133, May 31, 1985, as amended at 54 FR 24344, June 7, 1989;
56 FR 47003, Sept. 17, 1991)
48 CFR 333.103 Protests to the agency.
(a)(2) The contracting officer is authorized to make the
determination, using the criteria in FAR 33.103(a), to award a contract
notwithstanding the protest after obtaining the concurrence of the
contracting activity's protest control officer and OGC-BAL. If the
protest has been lodged with the Secretary, is addressed to the
Secretary, or requests referral to the Secretary, approval shall also be
obtained from the Director, OAGM before making the award.
(3) The contracting officer shall require written confirmation of any
oral protest. To be considered timely, the written confirmation must be
filed in accordance with the applicable provisions in 333.102(a). In the
following cases, written protests received by the contracting officer
before award shall be forwarded, through acquisition channels, to the
DPCO for processing. Files concerning these protests shall be
submitted, in duplicate, by the most expeditious means, marked
''IMMEDIATE ACTION -- PROTEST BEFORE AWARD'', and contain the
documentation referenced in 333.104(a)(3).
(i) The protestant requests referral to the Secretary of Health and
Human Services;
(ii) The protest is known to have been lodged with the Comptroller
General or the Secretary, or is addressed to either; or
(iii) The contracting officer entertains some doubt as to the proper
action regarding the protest or believes it to be in the best interest
of the Government that the protest be considered by the Secretary or the
Comptroller General.
Otherwise, submissions of protests to the DPCO may be dispensed with
by the contracting officer if he/she is reasonably satisfied that the
protest is groundless. In this instance, the contracting officer, with
the concurrence of the contracting activity's protest control officer
and OGC-BAL, may disallow the protest.
(4) Protests received after award shall be treated as indicated in
333.103(a)(3), above; however, if the files are to be submitted to the
DPCO for action, they shall be marked ''IMMEDIATE ACTION -- PROTEST
AFTER AWARD''.
(50 FR 23133, May 31, 1985, as amended at 54 FR 24344, June 7, 1989;
56 FR 47003, Sept. 17, 1991; 57 FR 35473, Aug. 10, 1992)
48 CFR 333.104 Protests to GAO.
(a) General. (1) A protestor shall be required to furnish a copy of
its complete protest to the contracting officer no later than the first
working day after the protest is filed with GAO. Immediately upon
receiving a copy of the complete protest, the contracting officer shall
telephonically notify the contractng activity's protest control officer,
who, in turn, shall immediately notify the DPCO. The contracting
officer shall provide the name of the protestor, the solicitation
number, the date and time the protest was received from the protestor,
and any other significant information.
(3) Protests lodged with GAO, whether before or after award, shall be
processed by the DPCO. Protest files shall be prepared by the
contracting office and distributed as follows: two copies to the DPCO,
one copy to the contracting activity's protest control officer, and one
copy to OGC-BAL. Files shall include the following documentation:
(i) The contracting officer's statement of facts and circumstances,
including a discussion of the merits of the protest, and conclusions and
recommendations, including documentary evidence on which they are based.
(ii) A copy of the IFB or RFP.
(iii) A copy of the abstract of bids or proposals.
(iv) A copy of the bid or proposal of the successful offeror to whom
award has been made or is proposed to be made.
(v) A copy of the bid or proposal of the protestant, if any.
(vi) The current status of award. When award has been made, this
shall include whether performance has commenced, shipment or delivery
has been made, or a stop work order has been issued.
(vii) A copy of any mutual agreement to suspend work on a no-cost
basis, when appropriate (see FAR 33.104(c)(4)).
(viii) Copies of the notice of protest given offerors and other
parties when the notice is appropriate (see FAR 33.104(a)(4)).
(ix) A copy of the technical evaluation report required by
315.608-76, when applicable, and a copy of each evaluator's rating for
all proposals.
(x) A copy of the negotiation memorandum, when applicable (see
315.672).
(xi) The name and telephone number of the person in the contracting
office who may be contacted for information relevant to the protest, and
(xii) Any document which is referred to in the contracting officer's
statement of facts.
The files shall be assembled in an orderly manner and shall include
an index of enclosures.
(4) The contracting officer is responsible for making the necessary
notifications referenced in FAR 33.104(a)(4). Copies of the views of
interested parties submitted in response to the notifications shall be
immediately provided to the DPCO upon receipt by the contracting
officer.
(5) The contracting officer shall furnish the protest file containing
the documentation specified in 333.104(a)(3), except item (i), to the
DPCO within twelve (12) work days from receipt of the protest. The
contracting officer shall provide the documentation required by item (i)
of 333.104(a)(3) to the DPCO within nineteen (19) work days from receipt
of the protest. (The contracting activity's protest control officer may
provide a written opinion and recommendation on the protest to the DPCO
within nineteen (19) work days from receipt of the protest by the
contracting officer.) The contracting officer shall clearly identify any
documents or portions of documents he or she desires to withhold from
the protester, and shall include justification for the withholding of
each document or portion of a document in the contracting officer's
statement of facts. Since the statute allows only a short time period
in which to respond to protests lodged with GAO, the contracting officer
shall handle each protest on a priority basis.
The DPCO shall prepare the report and submit it and the protest file
to GAO in accordance with FAR 33.104(a)(5).
(6)(i) The DPCO shall take the necessary actions specified in FAR
33.104(a)(6)(i) after receiving all the documentation required by
333.104(a)(3) from the contracting officer.
(ii) Since the DPCO will furnish the report to GAO, the protestor,
and other interested parties, comments on the report from the protester
and other interested parties will be requested to be sent to the DPCO.
(7) The Office of Acquisition and Grants Management (OAGM) has been
designated as the headquarters office, and the DPCO as the individual,
that GAO should contact concerning all protests lodged with GAO.
(b) Protests before award. (1) To make an award notwithstanding a
protest, the contracting officer shall prepare a finding using the
criteria in FAR 33.104(b)(1), have it executed by the principal official
responsible for acquisition (PORA), and forward it, along with a written
request for approval to make the award, to the Director, OAGM.
(2) If the request to make an award notwithstanding the protest is
approved by the Director, OAGM, the DPCO shall notify GAO. Whether the
request is approved or not, the DPCO shall telephonically notify the
contracting activity's protest control officer of the decision by the
Director, OAGM, and the contracting activity's protest control officer
shall immediately notify the contracting officer. The DPCO shall
confirm the decision by memorandum to the contracting activity's protest
control officer.
(4) The contracting office shall prepare the protest file in
accordance with 333.104(a)(2), and forward it, in duplicate, to the DPCO
(see 333.104(a)(4)). The file shall be marked ''IMMEDIATE ACTION --
PROTEST BEFORE AWARD.''
(c) Protests after award. (2) If the contracting officer believes
performance should be allowed to continue notwithstanding the protest, a
finding shall be prepared by the contracting officer, executed by the
PORA, and forwarded, along with a written request for approval, to the
Director, OAGM. The same procedures for notification stated in
333.104(b)(2), above shall be followed.
(6) The contracting officer shall prepare the protest file in
accordance with 333.104(a)(3), and forward it, in duplicate, to the DPCO
(see 333.104(a)(5)). The file shall be marked ''IMMEDIATE ACTION --
PROTEST AFTER AWARD.''
(d) Findings and notice. The contracting officer shall perform the
actions required by FAR 33.104(d); however, notification to GAO shall
be made by the DPCO.
(g) Notice to GAO. The Director, Office of Acquisition and Grants
Management shall be the official to comply with the requirements of FAR
33.104(g).
(i) Express option. When GAO invokes the express option, the
contracting officer shall prepare the complete protest file as described
in 333.104(a)(3), to include item (i), and deliver it (hand-carry, if
necessary) to the DPCO no later than the close of business on the ninth
work day after the express option is invoked. The contracting officer
shall involve OGC-BAL as early as possible after receiving notification
of the invocation of the express option, and obtain the concurrence of
the cognizant OGC-BAL attorney prior to transmitting the protest file to
the DPCO. The DPCO shall prepare the report and submit it and the
protest file to GAO.
(50 FR 23133, May 31, 1985, as amended at 50 FR 38004, Sept. 19,
1985; 54 FR 24344, June 7, 1989; 55 FR 42197, Oct. 18, 1990; 56 FR
47003, Sept. 17, 1991)
48 CFR 333.105 Protests to GSBCA.
(a)(1) The contracting officer shall give telephone notification to
the DPCO, OGC-BAL, and the contracting activity's protest control
officer immediately upon notification of the protest.
(2)(i) The contracting officer is responsible for complying with the
requirement in FAR 33.105(a)(2)(i).
(ii) The cognizant OGC-BAL attorney is responsible for complying with
the requirement stated in FAR 33.105(a)(2)(ii).
(b) As soon as possible but no later than six (6) work days after the
filing of the protest, a copy of the protest file containing all
documents (see FAR 33.105(b), especially (b)(7)), and labeled on the
cover ''FOR USE BY DPCO ONLY'', shall be in the hands of the DPCO for
review. Simultaneously, two copies of the same protest file provided to
the DPCO shall be provided to the cognizant OGC-BAL attorney. These two
copies shall be labeled on the cover ''FOR USE BY OGC-BAL.'' After
consultation with the cognizant OGC-BAL attorney, the DPCO shall
transmit the protest file to the GSBCA.
(1) Rather than furnishing a decision, the contracting officer shall
include a statement of facts and circumstances and a discussion of the
merits of the protest, as well as conclusions and recommendations and
documentary evidence on which they are based. These statements shall be
reviewed by the cognizant OGC-BAL attorney before being finalized.
(7) The DPCO shall provide all parties with a list of documents
furnished to the GSBCA for in camera review.
(10) The copies of the protest files to be provided to the DPCO and
OGC-BAL shall also contain the documents or information specified in
333.104(a)(3)(vii) through (xii). The file shall be assembled in an
orderly manner and include an index of enclosures.
(c) The cognizant OGC-BAL attorney is responsible for complying with
the requirement stated in FAR 33.105(c).
(d)(1) If the protest requests a suspension of acquisition authority,
the contracting officer must make this known to the DPCO, OGC-BAL, and
the contracting activity's protest control officer at the time of the
initial telephone notification of the filing of the protest to afford an
opportunity for the DPCO, OGC-BAL, principal official responsible for
acquisition (PORA), and contracting officer to take appropriate action.
(2) If it can be established that the conditions stated in FAR
33.105(d)(1)(i) and (ii) are present, the contracting officer shall
prepare a D&F setting forth the circumstances. The D&F shall be
concurred in by the cognizant OGC-BAL attorney before being executed by
the PORA (not delegable).
(g) If an appeal is to be made by the Department regarding a final
decision issued by the GSBCA, it shall be made by OGC-BAL.
(50 FR 23133, May 31, 1985, as amended at 50 FR 38004, Sept. 19,
1985; 56 FR 47003, Sept. 17, 1991)
48 CFR 333.106 Solicitation provision and contract clause.
(a) The provision at FAR 52.233-2, Service of Protest, shall be
completed by entering the name and complete mailing address of the
contracting officer.
(50 FR 23133, May 31, 1985, as amended at 50 FR 38004, Sept. 19,
1985)
48 CFR 333.106 Subpart 333.2 -- Disputes and Appeals
Source: 53 FR 15563, May 2, 1988, unless otherwise noted.
48 CFR 333.203 Applicability.
(c) The Armed Services Board of Contract Appeals (ASBCA) has been
designated by the Secretary as the authorized ''Board'' to hear and
determine disputes for the Department.
48 CFR 333.209 Suspected fraudulent claims.
The contracting officer shall submit any instance of a contractor's
suspected fraudulent claim to the Office of the Inspector General for
investigation.
48 CFR 333.210 Contracting officer's authority.
The contracting officer shall refer a proposed final decision to the
Office of General Counsel, Business and Administrative Law Division
(OGC-BAL), or the Regional Attorney in the HHS regional office servicing
the region in which the contracting officer is located, for advice as to
the legal sufficiency and format before sending the final decision to
the contractor. The contracting officer shall provide OGC-BAL or the
Regional Attorney with the pertinent documents with the submission of
each proposed final decision.
48 CFR 333.211 Contracting officer's decision.
(a)(2) See 333.210.
(a)(4)(v) When using the paragraph in FAR 33.211(a)(4)(v), the
contracting officer shall insert the words ''Armed Services'' before
each mention of the term ''Board of Contract Appeals''.
(c)(2) The contracting officer does not have jurisdiction to consider
a claim from the contractor over $50,000, unless that claim has been
certified.
(h) At any time within the period of appeal, the contracting officer
may modify or withdraw his/her final decision. If an appeal from the
final decision has been taken to the ASBCA, the contracting officer will
forward his/her recommended action to OGC-BAL or the cognizant Regional
Attorney with the supplement to the contract file which supports the
recommended correction or amendment.
48 CFR 333.212 Contracting officer's duties upon appeal.
(a) Appeals shall be governed by the rules set forth in the ''Rules
of the Armed Services Board of Contract Appeals'', or by the rules
established by the U.S. Claims Court, as appropriate.
(b) OGC-BAL or the cognizant Regional Attorney is designated as the
Government Trial Attorney to represent the Government in the defense of
appeals before the ASBCA. A decision by the ASBCA will be transmitted
by the Government Trial Attorney to the appropriate contracting officer
for compliance in accordance with the ASBCA's decision.
(c) If an appeal is filed with the ASBCA, the contracting officer
shall assemble a file within 30 days of receipt of an appeal, or advice
that an appeal has been filed, that consists of all documents pertinent
to the appeal, including:
(1) The decision and findings of fact from which the appeal is taken;
(2) The contract, including specifications and pertinent
modifications, plans and drawings;
(3) All correspondence between the parties pertinent to the appeal,
including the letter or letters of claims in response to which the
decision was issued;
(4) Transcripts of any testimony taken during the course of
proceedings, and affidavits or statements of any witnesses on the matter
in dispute made prior to the filing of the notice of appeal with the
Board; and
(5) Any additional information considered pertinent.
The contracting officer shall furnish the appeal file to the
Government Trial Attorney for review and approval. After approval, the
contracting officer shall prepare four copies of the file, one for the
ASBCA, one for the appellant, one for the Government Trial Attorney, and
one for the contracting office.
(d) At all times after the filing of an appeal, the contracting
officer shall render whatever assistance is requested by the Government
Trial Attorney. When an appeal is set for hearing, the concerned
contracting officer, acting under the guidance of the Government Trial
Attorney, shall be responsible for arranging for the presence of
Government witnesses and specified physical and documentary evidence at
both the pre-hearing conference and the hearing.
(e) If a contractor which has filed an appeal with the ASBCA elects
to accept fully the decision from which the appeal was taken, or any
modification to it, and gives written notification of acceptance to the
Government Trial Attorney or the concerned contracting officer, the
Government Trial Attorney will notify the ASBCA of the disposition of
the dispute in accordance with Rule 27 of the ASBCA.
(f) If the contractor has elected to appeal to the U.S. Claims Court,
the U.S. Department of Justice will represent the Department. However,
the contracting officer shall still coordinate all actions through
OGC-BAL.
48 CFR 333.212-70 Formats.
(a) The following format is suggested for use in transmitting appeal
files to the ASBCA:
Your reference:
--
(Docket No.)
--
(Name)
Recorder, Armed Services Board of Contracts Appeals, Skyline Six,
5109 Leesburg Pike, Falls Church, Virginia 22041.
Dear (Name):
Transmitted herewith are documents relative to the appeal under
Contract No. XXXX with the (name of contractor), in accordance with the
procedures under Rule 4.
The Government Trial Attorney for this case is (Insert Division of
Business and Administrative Law, Office of General Counsel, Department
of Health and Human Services, 330 Independence Avenue SW., Washington,
DC 20201, or Regional Attorney and office address, as appropriate).
The request for payment of charges resulting from the processing of
this appeal should be addressed to: (Insert name and address of
cognizant finance office.)
Sincerely yours,
Contracting Officer
Enclosures
(b) The following format is suggested for use in notifying the
appellant that the appeal file was submitted to ASBCA:
(Contractor Address)
-- --
Dear XXXX:
An appeal file has been compiled relative to the appeal under
Contract No. XXXX, and has been submitted to the Armed Services Board
of Contract Appeals (ASBCA). The enclosed duplicate of the appeal file
is identical to that submitted to the Board, except that contract
documents which you already have may have been excluded.
You may furnish or suggest any additional information deemed
pertinent to the appeal to the Armed Services Board of Contract Appeals
according to their rules.
The ASBCA will provide you with further information concerning this
appeal.
Sincerely yours,
Contracting Officer
Enclosure
48 CFR 333.213 Obligation to continue performance.
(a) The Disputes clause at FAR 52.233-1 shall be used without the use
of Alternate I. However, if the contracting officer determines that the
Government's interest would be better served by use of paragraph (h) in
Alternate I, he/she must request approval for its use from the Director,
Division of Acquisition Policy (through normal acquisition channels).
(53 FR 15563, May 2, 1988, as amended at 54 FR 24344, June 7, 1989)
48 CFR 333.214 Contract clause.
The clause at FAR 52.233-1 shall be used in all circumstances except
as indicated in 333.213.
48 CFR 333.214 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
48 CFR 333.214 PART 334 -- MAJOR SYSTEM ACQUISITION
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 334.003 Agency head responsibilities.
The Department's implementation of OMB Circular No. A-109 may be
found in Chapter 1-150 of the General Administration Manual.
(49 FR 14020, Apr. 9, 1984)
48 CFR 334.003 PART 335 -- RESEARCH AND DEVELOPMENT CONTRACTING
Sec.
335.070 Cost-sharing.
335.070-1 Policy.
335.070-2 Amount of cost-sharing.
335.070-3 Method of cost-sharing.
335.070-4 Institutional cost-sharing agreements.
335.070-5 Contract clauses.
335.070-6 Contract award.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14020, Apr. 9, 1984, unless otherwise noted.
48 CFR 335.070 Cost-sharing.
48 CFR 335.070-1 Policy.
(a) In addition to utilizing cost-sharing type contracts when
required by statute, the desirability of utilizing this type of
contract, when authorized should also be considered under certain
circumstances when not required by statute. Contractors should be
encouraged to contribute to the cost of performing research where there
is a probability that the contractor will receive present or future
benefits from participation, such as, increased technical know-how,
training to employees, acquisition of equipment, use of background
knowledge in future contracts, etc. Cost-sharing is intended to serve
the mutual interest of the Government and the performing organization by
helping to assure efficient utilization of the resources available for
the conduct of research projects and by promoting sound planning and
prudent fiscal policies by the performing organization. If cost-sharing
is not required by statute, encouragement should be given to
organizations to contribute to the cost of performing research under
research contracts unless the contracting officer determines that a
request for cost-sharing would not be appropriate because of the
following circumstances:
(1) The particular research objective or scope of effort for the
project is specified by the Government rather than proposed by the
performing organization. This would usually include any formal
Government requests for proposals for a specific project.
(2) The research effort has only minor relevance to the non-Federal
activities of the performing organization, and the organization is
proposing to undertake the research primarily as a service to the
Government.
(3) The organization has little or no non-Federal sources or funds
from which to make a cost contribution. Cost-sharing should generally
not be requested if cost-sharing would require the Government to provide
funds through some other means (such as fees) to enable the organization
to cost-share. It should be recognized that those organizations which
are predominantly engaged in research and development and have little or
no production or other service activities may not be in a favorable
position to make a cost contribution.
(b) Cost-sharing may be negotiated in either of two ways. When
cost-sharing is negotiated on a contract by contract basis, the
responsibility for negotiating the cost-sharing arrangement is that of
the contracting officer. In the case of institutional cost-sharing
arrangements (see 335.070-4), the responsibility for negotiating
cost-sharing is that of the Office of the Assistant Secretary for
Health. Each research contract file should show whether the contracting
officer considered cost-sharing appropriate for that particular contract
and, except when an institutional cost-sharing agreement is applicable,
in what amount. If cost-sharing was not considered appropriate, the
file must indicate the factual basis for that decision, e.g., ''Because
the contractor will derive no benefits from this award that can be
applied to its commercial activities, cost-sharing is not considered
appropriate.'' The contracting officer may wish to coordinate with the
project officer before documenting this decision.
(c) If the contracting officer considers cost-sharing to be
appropriate for a research contract and the contractor refuses to accept
this type of contract, the award may be made without cost-sharing,
except when cost-sharing is required by statute, if the contracting
officer concludes that payment of the full cost of the research effort
is necessary in order to obtain the services of that particular
contractor.
(49 FR 14020, Apr. 9, 1984; 49 FR 36110, Sept. 14, 1984)
48 CFR 335.070-2 Amount of cost-sharing.
When cost-sharing is required by statute or determined to be
appropriate, the following guidelines shall be utilized in determining
the amount of cost participation by the contractor, except where an
institutional cost-sharing agreement is applicable:
(a) Cost participation by educational institutions and other
not-for-profit or nonprofit organizations should normally be at least 1
percent of the total project cost. In many cases, cost-sharing of less
than 5 percent of the total project cost would be appropriate in view of
the organizations' nonprofit status and their normally limited ability
to recover the cost of such participation from non-Federal sources.
However, in some cases, it may be appropriate for educational
institutions to provide a higher degree of cost-sharing, such as when
the cost of the research consists primarily of the academic year salary
of faculty members (or when the equipment acquired by the institution
for the project will be of significant value to the institution in its
educational activities). The percentages stated above are not intended
as a substitution for those set forth in any legislation and are not to
be used in lieu of those contained in that legislation.
(b) The amount of cost participation by commercial or industrial
organizations should depend to a large extent on whether the research
effort or results are likely to enhance the performing organization's
capability, expertise, or competitive position, and the value of such
enhancement to the performing organization. It should be recognized
that those organizations which are predominantly engaged in research and
development and have little or no production or other service activities
may not be in a favorable position to derive a monetary benefit from
their research under Federal agreements. Therefore, cost participation
by commercial or industrial organizations could reasonably range from as
little as 1 percent or less of the total project cost, to more than 50
percent of the total project cost.
(c) If the performing organization will not acquire title to or the
right to use inventions, patents, or technical information resulting
from the research project, it would generally be appropriate to obtain
less cost-sharing than in cases in which the performer acquires such
rights.
(d) When cost-sharing is required by statute, cost participation of
less than 1 percent may be appropriate if consistent with the provisions
of the statute, and:
(1) A formal request for proposal is issued;
(2) The contractor proposes to perform the research primarily as a
service to the Government; or
(e) The contractor has little or no non-Federal sources of funds from
which to make a cost contribution.
(3) A fee or profit will usually not be paid to the performing
organization if the organization is to contribute to the cost of the
research effort, but the amount of cost-sharing may be reduced to
reflect the fact that the organization is foregoing its normal fee or
profit in the research. However, if the research is expected to be of
only minor value to the performing organization and if cost-sharing is
not required by statute, it may be appropriate for the performer to make
a contribution in the form of a reduced fee or profit rather than
sharing the costs of the project.
(f) The organization's participation may be considered over the total
term of the project so that a relatively high contribution in one year
may be offset by a relatively low contribution in another.
(g) A relatively low degree of cost-sharing may be appropriate if, in
the view of the operating divisions or their subordinate elements, an
area of research requires special stimulus in the national interest.
(h) In the final analysis, the amount of cost participation should
reflect the mutual agreement of the parties, provided that it is
consistent with any statutory requirements.
48 CFR 335.070-3 Method of cost-sharing.
Cost-sharing on individual contracts may be accomplished either by a
contribution of part or all of one or more elements of allowable cost of
the work being performed, or by a fixed amount or stated percentage of
the total allowable costs of the project. Costs so contributed may not
be charged to the Government under any other grant or contract
(including allocations to other grants or contracts as part of any
independent research and development program).
(49 FR 14020, Apr. 9, 1984. Correctly designated at 49 FR 36110,
Sept. 14, 1984)
48 CFR 335.070-4 Institutional cost-sharing agreements.
(a) An institutional cost-sharing agreement covers the aggregate of
some or all of the research projects supported by HHS research contracts
and grants at a given performing organization. With respect to
contracts, these agreements will apply only to cost-sharing type
contracts resulting from unsolicited proposals and awarded without fee
or profit. Eligibility for institutional cost-sharing agreements is
limited to nonprofit institutions of higher education and other public
or private nonprofit or not-for-profit organizations. Usually, a single
agreement will cover all applicable research projects at a given
performing organization; however, in unusual cases, separate agreements
for individual departments or locations of the performing organization
may be negotiated if deemed advantageous.
(b) The institutional cost-sharing agreements establish an overall
sharing ratio applicable to the aggregate of all covered projects.
Individual awards will incorporate the institutional agreement by
reference, but will not establish a specific sharing ratio for the
individual project. The amount of sharing on any particular project
will therefore be left to the discretion of the performing organization,
and relatively high contributions on some projects may offset relatively
low contributions on other projects, provided that the agreed aggregate
contribution is made during each of the contractor's fiscal years, and a
contribution, even if nominal, is made to each covered project.
(c) The Public Health Service shall be responsible for negotiating
all HHS institutional cost-sharing agreements. Agreements, when
negotiated, will be binding upon all HHS activities. Eligible
contractors wishing to negotiate institutional cost-sharing agreements
should contact the Division of Grants and Contracts, Office of Resource
Management, Public Health Service, Room 18 A 19, Parklawn Building, 5600
Fishers Lane, Rockville, Maryland 20857.
(1) All necessary implementing instructions to cover matters such as
content of proposals, format of agreements, documentation, etc. shall
be issued by the Public Health Service, subject to the prior approval of
the Office of Acquisition and Grants Management.
(2) The Public Health Service shall provide the Office of Acquisition
and Grants Management, and the Department's operating divisions with
current listings of all institutional cost-sharing agreements,
indicating the date on which they became effective with respect to
contracts. Copies of individual agreements will be made available to
the Department's other activities upon request. Each activity shall
designate only one individual who shall be authorized to make such
requests.
(d) The amount of cost-sharing negotiated under an institutional
cost-sharing agreement will be determined in accordance with the
appropriate guidelines contained in ''A Guide to Institutional Cost
Sharing Agreements'' issued by the Office of Resource Management, PHS.
The extent to which the performing organization shared in the costs of
HHS-sponsored research in the past, and its anticipated ability to do so
in the future, should also be taken into account.
(49 FR 14020, Apr. 9, 1984, as amended at 54 FR 24344, June 7, 1989)
48 CFR 335.070-5 Contract clauses.
Clauses for cost sharing in individually negotiated contracts or
under institutional agreements are set forth in 352.232-71.
48 CFR 335.070-6 Contract award.
In consonance with the Department's objectives of competition and
support of the small business program, award of contracts should not be
made solely on the basis of ability or willingness to cost-share.
Awards should be made primarily on the contractor's competence and only
after adequate competition has been obtained among large and small
business organizations whenever possible. The offeror's willingness to
share costs should not be considered in the technical evaluation process
but as a business consideration, which is secondary to selecting the
best qualified source.
48 CFR 335.070-6 PART 337 -- SERVICE CONTRACTING
48 CFR 335.070-6 Subpart 337.1 -- Service Contracts -- General
Sec.
337.101 Definitions.
337.103 Contracting officer responsibility.
337.104 Personal services contracts.
337.109 Services of quasi-military armed forces.
48 CFR 335.070-6 Subpart 337.2 -- Consulting Services
337.204 Policy.
337.270 Consulting services reporting.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14022, Apr. 9, 1984, unless otherwise noted.
48 CFR 335.070-6 Subpart 337.1 -- Service Contracts -- General
48 CFR 337.101 Definitions.
Service contract. A contract may require the furnishing of both
property and services, such as a research and development contract which
requires a final report. In a case such as this, this subpart will
apply to the extent that the furnishing of services is involved. Other
examples of service contracts include training and education, surveys
and data collection, data processing, medical services, and stenographic
services.
48 CFR 337.103 Contracting officer responsibility.
(b) Contract actions for the services of experts and consultants are
also exempt from the requirements of FAR Part 37.103(a)(3); they are to
be certified in accordance with the provisions in General Administration
Manual Chapter 8-15.
(c) For negotiated acquisitions, the determination shall be included
as a statement in the negotiation memorandum. For sealed bid
acquisitions, the determination shall be included as a separate
statement in the contract file.
(d) In most cases, gathering the information and data on which to
base the determination should be a joint effort between contracting and
program personnel. The contracting officer shall request the advice of
the Office of General Counsel and/or the personnel office before
processing any request to acquire services if there is doubt as to
whether an employer-employee relationship would be involved in
performance of the contract.
(49 FR 14022, Apr. 9, 1984, as amended at 50 FR 23126, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 337.104 Personal services contracts.
(a) As indicated in FAR 37.104, the paramount consideration in
determining if an employer-employee relationship exists is the presence
of direction or supervision by Government personnel of contractor
employees, as a result of either the inherent nature of the service or
the manner in which the service is provided. A personal service
relationship exists if this direction or supervision is necessary to:
(1) Adequately protect the Government's interest;
(2) Retain control of the function involved; and/or
(3) Retain full personal responsibility by a duly authorized Federal
officer or employee for the function supported.
(c)(2) The degree of supervision necessary to establish an
employer-employee relationship is relatively continuous, close
supervision. Sporadic supervision is not sufficient to constitute an
employer-employee relationship. (In determining whether the Government
rather than the contractor exercises ''relatively continuous, close
supervision'' of contractor personnel, the fact that an engineer, for
example, may require less supervision and may exercise more independence
of judgment than a food service worker is not itself determinative. If
the Government takes over that degree of supervision that the contractor
would otherwise exercise over either individual, the relationship
created between the Government and either individual is tantamount to
that of employer and employee.)
(d) The likelihood of the existence of an employer-employee
relationship increases as the number and extent of the elements in FAR
37.104(d) increases. However, the mere existence of these elements does
not constitute an employer-employee relationship unless continuous,
close supervision exists. In determining the presence of the referenced
elements, relevant factors including the following shall be considered:
(1) The nature of the work. (i) If the Government can use Federal
personnel to perform the required work, or if the Government has rights
to the specialized knowledge or equipment which is needed to perform the
work;
(ii) Whether the services represent the discharge of a Government
function which calls for the exercise of personal judgment and
discretion on behalf of the Government (This factor, if present in
sufficient degree, may alone render the service personal in nature.);
and/or
(iii) If the services are to be a one-time occurrence (or a
continuing requirement of short term duration).
(2) Contractual provisions concerning the contractor's employees.
(i) To what extent the Government specifies the qualifications of, or
has the right to approve, individual contractor employees (other than
the Government's right to approve or disapprove new key personnel,
remove key personnel, grant or deny security clearances, and provide for
necessary health qualifications). (Also, it is permissible for the
Government to specify the technical and experience qualifications of
contractor employees, if this is necessary to assure satisfactory
performance.);
(ii) To what extent the Government can assign tasks to, and prepare
work schedules for, contractor employees during performance of the
contract. (This does not preclude inclusion in the contract of work
schedules for the contractor -- but not individual employees -- or the
establishment of a time of performance for orders issued under a
requirement or other indefinite delivery-type contract.);
(iii) To what extent the Government can supervise or control the
method in which the contractor performs the service, the number of
people that will be employed, the specific duties of individual
employees, and similar details. (However, it is permissible to require
that contractor employees comply with regulations for the protection of
life and property. Also, it is permissible to recommend a specific
number of people the contractor may employ, if this is necessary to
assure performance; but in that event, the contract must specify that
this does not in any way minimize the contractor's obligation to use as
many employees as are necessary for proper contract performance.);
(iv) If the Government can review performance of each individual
contractor employee (as opposed to reviewing the final product after
completion of the work.); and/or
(v) If the Government has the right to have contractor employees
removed from the job for reasons other than misconduct or security.
(3) Other provisions of the contract. (i) Whether the contractor
undertakes a specific task or project that is definable either at the
inception of the contract or at some point during performance, or
whether the work is defined on a day-to-day basis. (However, this does
not preclude use of a requirement or other indefinite delivery-type
contract, provided the nature of the work is specifically described in
the contract, and orders are formally issued to the contractor rather
than to individual employees.);
(ii) Whether payment will be for results accomplished or solely
according to time worked. (This is a factor which might be useful in a
doubtful case, but should not in itself create doubt about services
which are otherwise clearly nonpersonal.); and/or
(iii) Whether Government office or working space, facilities,
equipment, and supplies will be used for contract performance. (This is
a factor which might be useful in a doubtful case, but should not in
itself create doubt about services which are otherwise clearly
nonpersonal.).
(4) Administration of the contract. (i) If contractor employees are
used interchangeably with Government personnel; and/or
(ii) If contractor employees are integrated into the Government's
organizational structure.
(e) and (f) Reserved.
(g) The following are examples of personal and nonpersonal services,
but are illustrative only and are not to be used as the basis for
determination in any specific case.
(1) The following are examples of personal services contracts:
(i) A contract to furnish ordinary, day-to-day, stenographic and
secretarial services in a Government office under direct Government
supervision.
(ii) A contract for the testing of a substance where the project
officer visits the contractor's facility several times each week to
consult with the principal investigator, review data, specify methods of
quality control, specify testing to be done, and provide instruction to
investigators.
(iii) A contract for the performance of a function which management
must perform in order to retain essential control over the conduct of
agency programs (e.g., negotiating contract amounts).
(2) The following are examples of nonpersonal services contracts:
(i) A contract for technical assistance work requiring specialized
equipment and trained personnel unavailable to the Government. The
contractor performs work described in the contract free of Government
supervision, and does not act on behalf of the Government.
(ii) A contract with an individual for delivery of lectures without
Government supervision (even if they are to be given on specific dates,
or on specialized subjects, or if payment will be by the hour).
(iii) A fixed price contract for janitorial services which provides
for specific tasks to be performed in specific places, free of
Government direction, supervision, and control over the contractor's
employees.
(iv) A research and development contract providing for a level of
effort which will be performed by the contractor independent of
Government direction, supervision, and control.
48 CFR 337.109 Services of quasi-military armed forces.
As distinguished in FAR 37.109, solicitations for protective services
shall include the following certification:
The bidder/offeror certifies it is not a detective agency, nor an
employee of such agency as contemplated by 5 U.S.C. 3108.
48 CFR 337.109 Subpart 337.2 -- Consulting Services
48 CFR 337.204 Policy.
General Administration Manual Chapter 8-15 prescribes policies and
procedures concerning approvals required before contracting for expert
or consulting services.
(e) Services of experts or consultants may be acquired by contract
only when:
(1) The services will be nonpersonal in nature, are critical to the
planning, development, operation, or evaluation of a Department program,
cannot be accomplished by Government employees, and are economically
available from the private sector; or
(2) The performance of the work by a consultant is directed by
statute.
48 CFR 337.270 Consulting services reporting.
The clause set forth in 352.237-70 shall be included in every
contract for expert or consulting services.
48 CFR 337.270 PART 339 -- MANAGEMENT, ACQUISITION, AND USE OF INFORMATION RESOURCES
48 CFR 337.270 Subpart 339.70 -- ADP Clearances and Systems Security
Sec.
339.7001 ADP Clearances.
339.7002 ADP systems security.
Authority: 5 U.S.C. 301; 40 U.S.C. 486 (c).
Source: 49 FR 14023, Apr. 9, 1984, unless otherwise noted.
48 CFR 337.270 Subpart 339.70 -- ADP Clearances and Systems Security
48 CFR 339.7001 ADP clearances.
In accordance with Chapter 4-10 of the HHS Information Resources
Management (IRM) Manual, the Office of Information Resources Management
(OIRM), OASMB-OS, is responsible for the review and approval of all
requests for proposed automatic data processing (ADP) systems and
modifications to existing ADP systems which require the acquisition of
ADP hardware, software packages, and services, and telecommunications
equipment, which exceed the dollar thresholds stated in Chapter 4-10.
(a) It is the responsibility of the program office to obtain written
approval from OIRM on proposed ADP acquisitions which exceed the
thresholds stated in Exhibit 4-10-A of Chapter 4-10 prior to submitting
the request for contract to the contracting activity.
(b) The OIRM approval document (delegation of procurement authority
(DPA)) is to be attached to the request for contract when it is
submitted by the program office to the contracting activity. The
contracting activity shall not issue a solicitation based on the request
for contract until a properly executed approval document (DPA) is
obtained.
(49 FR 14023, Apr. 9, 1984, as amended at 53 FR 43208, Oct. 26, 1988)
48 CFR 339.7002 ADP systems security.
(a) Program responsibilities. Whenever a proposed contract action
requires the design, development, maintenance, or use of an ADP system
or the use of ADP resources, the program office is required to designate
a responsible individual to serve as the ADP system manager who is to
ensure, in coordination with the cognizant systems security officer,
that ADP security requirements are met and that each contractor
maintains an acceptable security program. The project officer is
responsible for setting forth the specific portions of Part 6, ADP
Systems Security, of the HHS IRM Manual which are applicable to the
instant acquisition.
(b) Contracting responsibilities. (1) The contracting officer is
responsible for ensuring that a certification of ADP systems security
requirements, signed by both the ADP system manager and the ADP systems
security officer, is submitted with the request for contract. The
contracting officer shall not initiate action on the request for
contract until the properly executed certification is received. The
certification will state that the security requirements specified are
reasonably sufficient for the intended application and that they comply
with current Federal and HHS computer security policies, procedures,
standards, and guidelines.
(2) When developing the request for proposals, the contracting
officer shall include in the technical proposal instructions a statement
requiring that the offeror present a detailed outline of its proposed
ADP system security program which complies with the requirements of the
statement of work and applicable portions of Part 6, ADP Systems
Security, of the HHS IRM Manual.
(3) The contracting officer shall include a special provision reading
substantially as follows in all applicable solicitations and resultant
contracts:
The Contractor agrees to comply with the ADP system security
requirements set forth in the system of work and applicable portions of
Part 6, ADP Systems Security, of the HHS IRM Manual. The Contractor
further agrees to include this provision in any subcontract awarded
pursuant to this prime contract.
(4) The contracting officer shall ensure that a properly executed
certification confirming that the offerors comply with the necessary
security requirements is attached to the technical evaluation report
received from the evaluation panel before proceeding with the
acquisition process. This certification must be countersigned by the
officials designated in paragraph (b)(1) above and must contain a
similar statement of compliance.
(49 FR 14023, Apr. 9, 1984, as amended at 53 FR 43208, Oct. 26, 1988)
48 CFR 339.7002 SUBCHAPTER G -- CONTRACT MANAGEMENT
48 CFR 339.7002 PART 342 -- CONTRACT ADMINISTRATION
48 CFR 339.7002 Subpart 342.5 -- Postaward Orientation
Sec.
342.504 Postaward letters.
48 CFR 339.7002 Subpart 342.7 -- Indirect Cost Rates
342.705 Final indirect cost rates.
48 CFR 339.7002 Subpart 342.70 -- Contract Monitoring
342.7001 Purpose.
342.7002 Contract monitoring responsibilities.
342.7003 Withholding of contract payments.
342.7003-1 Policy.
342.7003-2 Procedures.
342.7003-3 Withholding payments.
48 CFR 339.7002 Subpart 342.71 -- Administrative Actions for Cost
Overruns
342.7100 Scope of subpart.
342.7101 Applicability.
342.7102 General.
342.7103 Contract administration.
342.7103-1 General.
342.7103-2 Procedures.
342.7104 Contract modifications.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14024, Apr. 9, 1984, unless otherwise noted.
48 CFR 339.7002 Subpart 342.5 -- Postaward Orientation
48 CFR 342.504 Postaward letters.
To the extent practicable, contracting officers should use letters to
accomplish postaward orientation objectives. A postaward orientation
conference should only be arranged when letters cannot resolve key
issues.
48 CFR 342.504 Subpart 342.7 -- Indirect Cost Rates
48 CFR 342.705 Final indirect cost rates.
The Director, Division of Cost Allocation of the Regional
Administrative Support Center within each HHS regional office has been
delegated the authority to establish indirect cost rates, research
patient care rates, and, as necessary, fringe benefit, computer, and
other special costing rates for use in contracts and grants awarded to
State and local governments, colleges and universities, hospitals, and
other nonprofit organizations.
48 CFR 342.705 Subpart 342.70 -- Contract Monitoring
48 CFR 342.7001 Purpose.
Contract monitoring is an essential element of contract
administration and the acquisition process. This subpart describes the
Department's operating concepts regarding contract monitoring, performed
jointly by the project officer and the contracting officer, to ensure
that the required monitoring is performed, timely remedial action is
taken when necessary, and a determination is made that contract
objectives have been met.
48 CFR 342.7002 Contract monitoring responsibilities.
(a) Upon execution of the contract, the mutual obligations of the
Government and the contractor are established by, and limited to, the
written stipulations in the contract. Unless authorized by the
contracting officer, HHS personnel shall not direct or request the
contractor to assume any obligation or take any actions not specifically
required by the contract. Only the contracting officer may impose a
requirement which will result in a change to the contract. All contract
changes must be directed in writing or confirmed in writing by the
contracting officer.
(b) The contracting officer is responsible for assuring compliance
with all terms of the contract, especially the statutory, legal,
business, and regulatory provisions. Whether or not a postaward
conference is held, the contracting officer shall inform the contractor
by letter (if not already stipulated by contract provisions) of the
authorities and responsibilities of the Government personnel with whom
the contractor will be dealing throughout the life of the contract.
(c) The contracting officer must depend on program, technical, and
other personnel for assistance and advice in monitoring the contractor's
performance, and in other areas of postaward administration. The
contracting officer must assure that responsibilities assigned to these
personnel are understood and carried out. The individual roles and
corresponding responsibilities typically involve, but are not limited
to, the following:
(1) The role of program and technical personnel in monitoring the
contract to assist or advise the contracting officer (or act as his/her
representative when so designated by the contracting officer) in
activities such as:
(i) Providing technical monitoring during contract performance, and
issuing letters to the contractor and contracting officer relating to
delivery acceptance, or rejection in accordance with the terms of the
contract;
(ii) Assessing contractor performance, including inspection and
testing of products and evaluation of reports and data;
(iii) Recommending necessary changes to the schedule of work and
period of performance in order to accomplish the objectives of the
contract. This shall be accomplished by a written request to the
contracting officer, together with an appropriate justification and
funds availability citation;
(iv) Reviewing invoices/vouchers and recommending
approval/disapproval action by the contracting officer, to include
comments regarding anything unusual discovered in the review;
(v) Reviewing and recommending approval or disapproval of
subcontracts, overtime, travel, and key personnel changes; and
(vi) Participating, as necessary, in various phases of the contract
closeout process.
(2) The role of the project officer in performing required aspects of
the contract monitoring process. In addition to those applicable
activities set forth in (c)(1) above, the project officer shall:
(i) Submit periodic reports to the contracting officer that concisely
explain the status of the contract, and include recommended actions for
any problems reported. Provide the contracting officer with written
notification of evaluation and approval/disapproval of contract
deliverables and of completion of tasks or phases. The contracting
officer will, in turn, provide the contractor with written notification
of approval or disapproval unless the responsibility has been delegated
by the contracting officer, in which case the person responsible for
such action will notify the contractor and provide a copy to the
contracting officer for inclusion in the contract file;
(ii) Monitor the technical aspects of the contractor's business and
technical progress, identify existing and potential problems that
threaten performance, and immediately inform the contracting officer of
deviations from contract objectives, or from any technical or delivery
requirements, so that remedial measures may be instituted accordingly;
(iii) Provide immediate notification to the head of the program
office responsible for the program whenever it is determined that
program objectives are not being met, together with specific
recommendations of action to be taken. A copy of the project officer's
report and recommendations shall be transmitted to the contracting
officer for appropriate action;
(iv) Submit, within 120 days after contract completion, a final
assessment report to the contracting officer. The report should include
an analysis of the contractor's performance, including the contract and
program objectives achieved and missed. A copy of the final assessment
report shall be forwarded to the head of the program office responsible
for the program for management review and followup, as necessary; and
(v) Accompany and/or provide, when requested, technical support to
the HHS auditor in the conduct of floor checks.
(3) The role of the contract administrator, auditor, cost analyst,
and property administrator in assisting or advising the contracting
officer in postaward administration activities such as:
(i) Evaluation of contractor systems and procedures, to include
accounting policies and procedures, purchasing policies and practices,
property accounting and control, wage and salary plans and rate
structures, personnel policies and practices, etc.;
(ii) Processing of disputes under the Disputes clause and any
resultant appeals;
(iii) Modification or termination of the contract; and
(iv) Determination of the allowability of cost charges to incentive
or cost-reimbursement type contracts and progress payments under
fixed-price contracts. This is especially important when award is made
to new organizations or those with financial weaknesses.
(d) The contracting officer is responsible for assuring that
contractor performance and contract monitoring are carried out in
conformance with contract provisions. If performance is not
satisfactory or if problems are anticipated, it is essential that the
contracting officer take immediate action to protect the Government's
rights under the contract. The contracting officer shall notify his/her
immediate supervisor of problems that cannot be resolved within contract
limitations and whenever contract or program objectives are not met.
The notification shall include a statement of action being taken by the
contracting officer.
(e) Contract cost and manpower reporting shall be required on all
cost-reimbursement type contracts financed under letter of credit or
Departmental Federal Assistance Financing System (DFAFS) methods of
payment regardless of dollar value, and on all other cost-reimbursement
type contracts of $100,000 or more. Financial reporting may be required
on cost-reimbursement contracts under $100,000, when financed by other
than the letter of credit or DFAFS methods, but only if it is necessary
for effective contract administration. Financial and manpower
information may be submitted either as a separate contract financial
report or as an addendum to a public voucher, as prescribed by the
contracting officer. Frequency, format (including instructions),
extent, structure (including cost elements and labor categories), and
distribution of reporting fall within the discretion of the contracting
officer. The contracting officer shall set forth financial reporting
requirements in all applicable RFPs and contracts, shall limit the
requirements to those necessary for effectual cost and manpower
management of the contract, and shall avoid the use of reporting
requirements that are unduly burdensome on the contractor.
(49 FR 14024, Apr. 9, 1984, as amended at 54 FR 43966, Oct. 30, 1989;
54 FR 47750, Nov. 16, 1989)
342.7003 Withholding of contract payments.
48 CFR 342.7003-1 Policy.
(a) All solicitations and resultant contracts shall contain a
withholding of contract payments clause and an excusable delays clause
or a clause which incorporates the definition of excusable delays.
These clauses are contained in the Department's contract general
provisions.
(b) The transmittal letter used to convey the contract to each
contractor shall contain a notice which highlights the contractor's
agreement with the withholding of contract payments clause.
(c) No contract payment shall be made when any report required to be
submitted by the contractor is overdue, or the contractor fails to
perform or deliver work or services as required by the contract.
(d) The contracting officer shall issue a ten-day cure notice or
initiate appropriate termination action for any failure in the
contractor's performance as stated in the preceding paragraph (c).
48 CFR 342.7003-2 Procedures.
(a) The contracting officer is responsible for initiating immediate
action to protect the Government's rights whenever the contractor fails
to comply with either the delivery or reporting provisions of the
contract. Compliance with the reporting provisions includes those
reports to be submitted directly to the payment office. If such a
report is not submitted on time, the contracting officer is to be
notified promptly by the payment office.
(b) When the contract contains a termination for default clause, the
contractor's failure to either submit any required report when due or
perform or deliver services or work when required by the contract is to
be considered a default in performance. In either circumstance, the
contracting officer is to immediately issue a formal ten-day cure notice
pursuant to the default clause. The cure notice is to follow the format
prescribed in FAR 49.607 and is to include a statement to the effect
that contract payments will be withheld if the default is not cured or
is not determined to be excusable.
(1) If the default is cured or is determined to be excusable, the
contracting officer is not to initiate the withholding action.
(2) If the default is not determined to be excusable or a response is
not received within the allotted time, the contracting officer is to
initiate withholding action on all contract payments and is to determine
whether termination for default or other action would be in the best
interest of the Government.
(c) When the contract does not contain a termination for default
clause, the contractor's failure to either submit any required report
when due or perform or deliver services or work when required by the
contract is to be considered a failure to perform. In either
circumstance, the contracting officer is to immediately issue a written
notice to the contractor specifying the failure and providing a period
of ten days, or a longer period as determined necessary by the
contracting officer, in which the contractor is to cure the failure or
establish an excusable delay. The contracting officer is to include a
statement in the written notice to the effect that contract payments
will be withheld if the failure is not cured or is not determined to be
excusable.
(1) If the failure is cured or is determined to be excusable, the
contracting officer is not to initiate the withholding action.
(2) If the failure is not determined to be excusable or a response is
not received within the allotted time, the contracting officer is to
initiate withholding action on all contract payments and is to determine
whether termination for convenience or other action would be in the best
interest of the Government.
(d) The contracting officer should consult FAR Subpart 49.4 for
further guidance before taking any of the actions described in this
section.
48 CFR 342.7003-3 Withholding payments.
(a) When making the determination that contract payments should be
withheld in accordance with the Withholding of Contract Payments clause,
the contracting officer is to immediately notify the servicing finance
office in writing of the determination to suspend payments. The notice
of suspension is to contain all elements of information required by the
payment office to properly identify the contract and the applicable
accounts involved.
(b) The contracting officer is to immediately notify the contractor
in writing that payments have been suspended until the default or
failure is cured.
(c) When the contractor cures the default or failure, the contracting
officer is to immediately notify, in writing, all recipients of the
notice of suspension that the suspension is to be lifted and contract
payments are to be resumed.
(d) When exercising actions regarding the withholding of payment
procedures, the contracting officer must be careful not to waive any of
the Government's rights when corresponding with the contractor or when
taking any other actions.
48 CFR 342.7003-3 Subpart 342.71 -- Administrative Actions for Cost Overruns
48 CFR 342.7100 Scope of subpart.
This subpart sets forth the procedures to be followed when a cost
overrun is anticipated; i.e., the allowable actual cost of performing a
cost-reimbursement type contract is expected to exceed the total
estimated cost specified in the contract.
48 CFR 342.7101 Applicability.
This subpart applies to the administration of cost-reimbursement type
contracts and the cost-reimbursement portion of other types of
contracts. Nothing in this subpart shall be construed to relieve
contractors from compliance with the Limitation of Cost clause or any
other provisions of contracts.
48 CFR 342.7102 General.
Reimbursement for costs incurred under cost-reimbursement contracts
shall not exceed the amount of funds obligated by the contract, unless
increased by the contracting officer. Cost overruns shall be held to an
absolute minimum, compatible with accomplishment of the statement of
work.
48 CFR 342.7103 Contract administration.
48 CFR 342.7103-1 General.
Upon receipt of information that a contractor's accumulated cost and
projected expenditures will exceed the limit of funds obligated by the
contract, the contracting officer shall coordinate immediately with the
appropriate program office to determine whether the contract should be
modified or terminated. If the contracting officer receives information
from a source other than the contractor that a cost overrun is
anticipated, the contracting officer shall verify the information with
the contractor, and remind the contractor of the notification
requirements of the Limitation of Cost clause.
48 CFR 342.7103-2 Procedures.
(a) Upon notification that a cost overrun is anticipated, the
contracting officer shall inform the contractor to submit a request for
additional funds which is to include:
(1) Name and address of contractor.
(2) Contract number and expiration date.
(3) Contract item(s) and amount(s) creating the overrun.
(4) The elements of cost which changed from the original estimate
(i.e., labor, material, travel, overhead, etc.) to be furnished in the
following format:
(i) Original estimate,
(ii) Costs incurred to date,
(iii) Estimated cost to completion,
(iv) Revised estimate, and
(v) Amount of adjustment.
(5) The factors responsible for the increase, i.e., error in
estimate, changed conditions, etc.
(6) The latest date by which funds must be available for commitment
to avoid contract slippage, work stoppage, or other program impairment.
(b) When the contractor submits a notice of an impending overrun, the
contracting officer shall:
(1) Immediately advise the appropriate program office and furnish a
copy of the notice and any other data received;
(2) Request audit or cost advisory services, and technical support,
as necessary, for evaluation of information and data received; and
(3) Maintain continuous follow-up with the program office in order to
obtain a timely decision as to whether the work under the contract
should be continued and additional funds provided, or the contract
terminated. The decision of the program office must be supported by an
appropriate written statement and funding authority, or a formal request
for termination, when applicable. After a programming and funding
decision is received from the program office, the contracting officer
shall promptly notify the contractor in writing that:
(i) A specified amount of additional funds has been allotted to the
contract by a contractual instrument; or
(ii) Work will be discontinued when the funds allotted to the
contract have been exhausted, and that any work performed after that
date is at the contractor's risk; or
(iii) The Government is considering whether additional funds should
be allotted to the contract and will notify the contractor as soon as
possible, but that any work performed after the funds then allocated to
the contract have been exhausted is at the contractor's risk.
Timely, formal notification of the Government's intention is
essential in order to preclude loss of contractual rights in the event
of dispute, termination, or litigation.
(c) If program requirements permit, contracting officers should
refrain from issuing any contractual documents which will require new
work or an extension of time, pending resolution of an overrun or
additional fund request.
48 CFR 342.7104 Contract modifications.
(a) Modifications to contracts containing the Limitation of Cost
clause shall include either:
(1) A provision increasing the estimated or ceiling amount referred
to in the Limitation of Cost clause of the contract and stating that the
clause will thereafter apply in respect to the increase amount; or
(2) A provision stating that the estimated or ceiling amount referred
to in the contract is not changed by the modification and that the
Limitation of Cost clause will continue to apply with respect to the
amount in effect prior to the modification.
(b) A fixed-fee provided in a contract shall not be changed when
funding a cost overrun. Changes in fixed-fee will be made only to
reflect changes in the scope of work which justify an increase or
decrease in fee.
48 CFR 342.7104 PART 345 -- GOVERNMENT PROPERTY
48 CFR 342.7104 Subpart 345.3 -- Providing Government Property to
Contractors
Sec.
345.370 Providing Government property (in general).
48 CFR 342.7104 Subpart 345.4 -- Contractor Use and Rental of Government
Property
345.405 Contracts with foreign governments or international
organizations.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14030, Apr. 9, 1984, unless otherwise noted.
48 CFR 342.7104 Subpart 345.3 -- Providing Government Property to Contractors
48 CFR 345.370 Providing Government property (in general).
(a) A contractor may be provided Government property or allowed to
acquire such property at Government expense upon determination that:
(1) No practicable or economical alternative exists; e.g.,
acquisition from other sources, utilization of subcontractors, rental of
property, or modification of program project requirements, etc.;
(2) The Government receives adequate consideration for providing the
property; or
(3) Furnishing Government property is likely to result in
substantially lower cost to the Government for the items produced or
services rendered when all costs involved (e.g., transportation,
installation, modification, maintenance, etc.) are compared with the
cost to the Government of the contractor's use of privately-owned
property.
(b) The determination that it is necessary to provide a contractor or
subcontractor with property will be made by the contracting officer with
the advice of the agency property official.
(c) If the program office is aware, prior to the submission of the
request for contract, that it will be necessary to provide prospective
contractors with property, a written justification must accompany the
request for contract to the contracting activity.
48 CFR 345.370 Subpart 345.4 -- Contractor Use and Rental of Government Property
48 CFR 345.405 Contracts with foreign governments or international
organizations.
Upon the request of a foreign government or international
organization, or a contractor certifying that it is acting on behalf of
a foreign government or international organization, the contracting
officer, with advice from the agency property official cognizant of
Government property located in the United States, its possessions, or
Puerto Rico, may give written approval for its use without charge on
contracts or subcontracts thereunder if:
(a) The foreign government or international organization would be
authorized to place the contract with the activity concerned under the
Foreign Assistance Act of 1961, as amended, or such use is authorized by
an agreement with the foreign government;
(b) The foreign government's placement of the contract directly with
the contractor is consistent with the best interests of the United
States;
(c) It appears that the foreign government will place the contract
with the contractor whether or not use is authorized, and no competitive
pricing advantage will accrue to the contractor by virtue of its use;
(d) The contractor agrees that no charge for the use of the property
will be included in the price charged the foreign government under the
contract; and
(e) The use will not interfere with foreseeable requirements of the
United States.
48 CFR 345.405 SUBCHAPTER H -- CLAUSES AND FORMS
48 CFR 345.405 PART 352 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
48 CFR 345.405 Subpart 352.2 -- Texts of Provisions and Clauses
Sec.
352.202-1 Definitions.
352.215-12 Restriction on disclosure and use of data.
352.215-71 (Reserved)
352.215-72 Pre-proposal conference.
352.216-70 Negotiated overhead rates -- fixed.
352.216-72 Additional cost principles.
352.224-70 Confidentiality of information.
352.228-7 Insurance -- Liability to third persons.
352.232-9 Withholding of contract payments.
352.232-71 Cost sharing.
352.232-73 Method of payment -- letter of credit.
352.232-74 Estimated cost and fixed fee-incrementally funded
contract.
352.232-75 Incremental funding.
352.233-70 Litigation and claims.
352.237-70 Consulting services reporting.
352.242-71 Final decisions on audit findings.
352.242-72 -- 352.242-79 (Reserved)
352.249-14 Excusable delays.
352.270-1 Accessibility of meetings, conferences, and seminars to
persons with disabilities.
352.270-2 Indian preference.
352.270-3 Indian preference program.
352.270-4 Pricing of adjustments.
352.270-5 Key personnel.
352.270-6 Publication and publicity.
352.270-7 Paperwork Reduction Act.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14031, Apr. 9, 1984, unless otherwise noted.
48 CFR 345.405 Subpart 352.2 -- Texts of Provisions and Clauses
48 CFR 352.202-1 Definitions.
Insert the following clause in all solicitations and resultant
contracts instead of the clause in FAR 52.202-1 except when
contemplating (a) a fixed price research and development contract that
is expected to be $2,500 or less or (b) a purchase order.
(a) The term Secretary or Head of the Agency (also called Agency
Head) means the Secretary, Under Secretary, or any Assistant Secretary,
Administrator or Commissioner, of the Department of Health and Human
Services; and the term ''his/her duly authorized representative'' means
any person, persons, or board authorized to act for the Secretary.
(b) The term Contracting Officer means a person with the authority to
enter into, administer, and/or terminate contracts and make related
determinations and findings. The term includes certain authorized
representatives of the Contracting Officer acting within the limits of
their authority as delegated by the Contracting Officer.
(c) The term Project Officer means the person representing the
Government for the purpose of technical monitoring of contract
performance. The Project Officer is not authorized to issue any
instructions or directions which effect any increases or decreases in
the scope of work or which would result in the increase or decrease of
the price of this contract or a change in the delivery dates or
performance period of this contract.
(d) The term Department means the Department of Health and Human
Services.
(e) Except as otherwise provided in this contract, the term
subcontract includes purchase order under this contract.
Alternate I (Apr 1984). For cost-reimbursement contracts other than
purchase orders, delete paragraph (c) above and replace with the
following paragraph (c):
(c) The term Project Officer means the person representing the
Government for the purpose of technical monitoring of contract
performance. The Project Officer is not authorized to issue any
instructions or directions which effect any increases or decreases in
the scope of work or which would result in the increase or decrease of
the cost of this contract or a change in performance period of this
contract. In addition, the Project Officer is not authorized to receive
or act upon the Contractor's notification of a revised cost estimate
pursuant to the Limitation of Cost or Limitation of Funds clause of this
contract.
(49 FR 14031, Apr. 9, 1984, as amended at 53 FR 15564, May 2, 1988)
48 CFR 352.215-12 Restriction of disclosure and use of data.
Insert the following provision in all requests for proposals, and all
requests for quotations other than those for information or planning
purposes. This provision shall be used in lieu of the provision in FAR
52.215-12.
The proposal submitted in response to this request may contain data
(trade secrets; business data, e.g., commercial information, financial
information, and cost and pricing data; and technical data) which the
offeror, including its prospective subcontractor(s), does not want used
or disclosed for any purpose other than for evaluation of the proposal.
The use and disclosure of any data may be so restricted; provided, that
the Government determines that the data is not required to be disclosed
under the Freedom of Information Act, 5 U.S.C. 552, as amended, and the
offeror marks the cover sheet of the proposal with the following legend,
specifying the particular portions of the proposal which are to be
restricted in accordance with the conditions of the legend. The
Government's determination to withhold or disclose a record will be
based upon the particular circumstances involving the record in question
and whether the record may be exempted from disclosure under the Freedom
of Information Act:
Unless disclosure is required by the Freedom of Information Act, 5
U.S.C. 552, as amended, (the Act) as determined by Freedom of
Information (FOI) Officials of the Department of Health and Human
Services, data contained in the portions of this proposal which have
been specifically identified by page number, paragraph, etc. by the
offeror as containing restricted information shall not be used or
disclosed except for evaluation purposes.The offeror acknowledges that
the Department may not be able to withhold a record (data, document,
etc.) nor deny access to a record requested pursuant to the Act and that
the Department's FOI Officials must make that determination. The
offeror hereby agrees that the Government is not liable for disclosure
if the Department has determined that disclosure is required by the Act.
If a contract is awarded to the offeror as a result of, or in
connection with, the submission of this proposal, the Government shall
have the right to use or disclose the data to the extent provided in the
contract. Proposals not resulting in a contract remain subject to the
Act.
The offeror also agrees that the Government is not liable for
disclosure or use of unmarked data and may use or disclose the data for
any purpose, including the release of the information pursuant to
requests under the Act.
The data subject to this restriction are contained in pages (insert
page numbers, paragraph designations, etc. or other identification).
In addition, the offeror should mark each page of data it wishes to
restrict with the following legend:
Use or disclosure of data contained on this page is subject to the
restriction on the cover sheet of this proposal or quotation.
Offerors are cautioned that proposals submitted with restrictive
legends or statements differing in substance from the above legend may
not be considered for award. The Government reserves the right to
reject any proposal submitted with a nonconforming legend.
352.215-71 (Reserved)
48 CFR 352.215-72 Pre-proposal conference.
If a pre-proposal conference is to be held as indicated in FAR
15.409, insert the following provision in the affected solicitation:
A pre-proposal conference will be held with prospective offerors at
(insert local prevailing time) on (insert date) in room (insert room
number) at (insert name and location of building).
The pre-proposal conference will be held for the purpose of providing
information concerning the Government's requirements which may be
helpful in the preparation of proposals and for answering any questions
which you have regarding this solicitation.
The success of this type of conference depends largely on the
leadtime available to the Government for research in connection with
questions submitted by prospective offerors. Therefore, you are
requested to mail written questions concerning any areas of uncertainty
which, in your opinion, require clarification or correction, in
sufficient time to be received on or before (insert date).
Your questions should be submitted to the Contract-Officer, (insert
name of Contracting Officer), and the envelope should be marked
''Pre-Proposal Conference, RFP No. (insert number of RFP).'' A set of
questions and answers will be furnished to all prospective offerors
whether or not they are in attendance.
Because of space limitations, each prospective offeror will be
limited to a total of (insert number) representatives.
Attendance at the pre-proposal conference is recommended; however,
attendance is not a prerequisite for proposal submission and will not be
considered a factor in proposal evaluation.
48 CFR 352.216-70 Negotiated overhead rates -- fixed.
Insert the following clause in all cost-reimbursement contracts with
educational institutions and nonprofit organizations when fixed rates
subject to carryforward adjustments are used.
(a) Notwithstanding the provisions of the clause entitled ''Allowable
Cost and Payment,'' the allowable indirect costs under this contract
shall be obtained by applying negotiated fixed overhead rates for the
applicable period(s) to bases agreed upon by the parties, as specified
below. A negotiated fixed rate(s) is based on an estimate of the costs
which will be incurred during the period for which the rate(s) applies.
When the application of the negotiated fixed rates against the actual
bases during a given fiscal period produces an amount greater or less
than the indirect costs determined for such period, such greater or
lesser amount(s) will be carried forward to a subsequent period.
(b) The Contractor, as soon as possible but no later than six months
after the close of its fiscal year, or such other period as may be
specified in the contract, shall submit to the Secretary or the duly
authorized representative, with a copy to the cognizant audit activity,
a proposed fixed overhead rate or rates based on the Contractor's actual
cost experience during the fiscal year, including adjustment, if any,
for amounts carried forward, together with supporting cost data.
Negotiation of fixed overhead rates, including carryforward adjustments,
if any, by the Contractor and the Secretary, or the duly authorized
representative, shall be undertaken as promptly as practicable after
receipt of the Contractor's proposal.
(c) Allowability of costs and acceptability of cost allocation
methods shall be determined in accordance with Part 31 of the Federal
Acquisition Regulation (FAR) as in effect on the date of this contract.
(d) The results of each negotiation shall be set forth in an
amendment to this contract, which shall specify: (1) The agreed fixed
overhead rates, (2) the bases to which the rates apply, (3) the fiscal
year, unless the parties agreed to a different period, for which the
rates apply, and (4) the specific items treated as direct costs or any
changes in the items previously agreed to be direct costs.
(e) Pending establishment of fixed overhead rates for any fiscal year
or different period agreed to by the parties, the Contractor shall be
reimbursed either at the rates fixed for the previous fiscal year or
other period or at billing rates acceptable to the Contracting Officer,
subject to appropriate adjustment when the final rates for that fiscal
year or other period are established.
(f) Any failure of the parties to agree on any fixed overhead rate or
rates or to the amount of any carryforward adjustment under this clause
shall not be considered a dispute concerning a question of fact for
decision by the Contracting Officer within the meaning of the
''Disputes'' clause of this contract. If for any fiscal year or other
period specified in the contract, the parties fail to agree to a fixed
overhead rate or rates, it is agreed that the allowable indirect costs
under this contract shall be obtained by applying negotiated final
overhead rates in accordance with the terms of the ''Allowable Cost and
Payment'' clause set forth in FAR 52.216-7, as in effect on the date of
this contract.
(g) Submission of proposed fixed, provisional, and/or final overhead
rates, together with appropriate data in support thereof, to the
Secretary or the duly authorized representative and agreements on fixed,
provisional, and/or final overhead rates entered into between the
Contractor and the Secretary or the duly authorized representative, as
evidenced by Negotiated Overhead Rate Agreements signed by both parties,
shall be deemed to satisfy the requirements of paragraphs (b), (d), and
(e), of this clause.
48 CFR 352.216-72 Additional cost principles.
As prescribed in 316.307(j), insert the following clause in all
solicitations and resultant cost-reimbursement contracts with nonprofit
organizations, as identified in OMB Circular A-122.
(a) Bid and proposal costs. (1) Bid and proposal costs are the
immediate costs of preparing bids, proposals, and applications for
potential Federal and non-Federal contracts, grants, and agreements,
including the development of scientific, cost, and other data needed to
support the bids, proposals, and applications.
(2) Bid and proposal costs of the current accounting period are
allowable as indirect costs.
(3) Bid and proposal costs of past accounting periods are unallowable
in the current period. However, if the organization's established
practice is to treat these costs by some other method, they may be
accepted if they are found to be reasonable and equitable.
(4) Bid and proposal costs do not include independent research and
development costs covered by the following paragraph, or preaward costs
covered by paragraph 33 of Attachment B to OMB Circular A-122.
(b) Independent research and development costs. (1) Independent
research and development is research and development conducted by an
organization which is not sponsored by Federal or non-Federal contracts,
grants, or other agreements.
(2) Independent research and development shall be allocated its
proportionate share of indirect costs on the same basis as the
allocation of indirect costs to sponsored research and development.
(3) The costs of independent research and development, including its
proportionate share of indirect costs, are unallowable.
(End of clause)
(55 FR 42197, Oct. 18, 1990)
48 CFR 352.224-70 Confidentiality of information.
The following clause is covered by the policy set forth in Subpart
324.70 and is to be used in accordance with the instructions set forth
in 324.7004.
(a) Confidential information, as used in this clause, means (1)
information or data of a personal nature about an individual, or (2)
proprietary information or data submitted by or pertaining to an
institution or organization.
(b) In addition to the types of confidential information described in
(a)(1) and (2) above, information which might require special
consideration with regard to the timing of its disclosure may derive
from studies or research, during which public disclosure of preliminary
unvalidated findings could create erroneous conclusions which might
threaten public health or safety if acted upon.
(c) The Contracting Officer and the Contractor may, by mutual
consent, identify elsewhere in this contract specific information and/or
categories of information which the Government will furnish to the
Contractor or that the Contractor is expected to generate which is
confidential. Similarly, the Contracting Officer and the Contractor
may, by mutual consent, identify such confidential information from time
to time during the performance of the contract. Failure to agree will
be settled pursuant to the ''Disputes'' clause.
(d) If it is established elsewhere in this contract that information
to be utilized under this contract, or a portion thereof, is subject to
the Privacy, Act, the Contractor will follow the rules and procedures of
disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and
implementing regulations and policies, with respect to systems of
records determined to be subject to the Privacy Act.
(e) Confidential information, as defined in (a)(1) and (2) above,
that is information or data of a personal nature about an individual, or
proprietary information or data submitted by or pertaining to an
institution or organization, shall not be disclosed without the prior
written consent of the individual, institution, or organization.
(f) Written advance notice of at least 45 days will be provided to
the Contracting Officer of the Contractor's intent to release findings
of studies or research, which have the possibility of adverse effects on
the public or the Federal agency, as described in (b) above. If the
Contracting Officer does not pose any objections in writing within the
45-day period, the Contractor may proceed with disclosure.
Disagreements not resolved by the Contractor and the Contracting Officer
will be settled pursuant to the ''Disputes'' clause.
(g) Whenever the Contractor is uncertain with regard to the proper
handling of material under the contract, or if the material in question
is subject to the Privacy Act or is confidential information subject to
the provisions of this clause, the Contractor should obtain a written
determination from the Contracting Officer prior to any release,
disclosure, dissemination, or publication.
(h) Contracting Officer determinations will reflect the results of
internal coordination with appropriate program and legal officials.
(i) The provisions of paragraph (e) of this clause shall not apply
when the information is subject to conflicting or overlapping provisions
in other Federal, State or local laws.
48 CFR 352.228-7 Insurance -- Liability to third persons.
As prescribed in 328.311-2, contracting officers shall include the
following clause in all cost-reimbursement contracts, in lieu of the
clause at FAR 52.228-7:
(a)(1) Except as provided in subparagraph (2) immediately following,
or in paragraph (h) of this clause (if the clause has a paragraph (h)),
the Contractor shall provide and maintain workers' compensation,
employer's liability, comprehensive general liability (bodily injury),
comprehensive automobile liability (bodily injury and property damage)
insurance, and such other insurance as the Contracting Officer may
require under this contract.
(2) The Contractor may, with the approval of the Contracting Officer,
maintain a self-insurance program; provided that, with respect to
workers' compensation, the Contractor is qualified pursuant to statutory
authority.
(3) All insurance required by this paragraph shall be in a form and
amount and for those periods as the Contracting Officer may require or
approve and with insurers approved by the Contracting Officer.
(b) The Contractor agrees to submit for the Contracting Officer's
approval, to the extent and in the manner required by the Contracting
Officer, any other insurance that is maintained by the Contractor in
connection with performance of this contract and for which the
Contractor seeks reimbursement.
(c) Except as provided in paragraph (h) of this clause (if the clause
has a paragraph (h)), the Contractor shall be reimbursed --
(1) For that portion (i) of the reasonable cost of insurance
allocable to this contract, and (ii) required or approved under this
clause; and
(2) For certain liabilities (and expenses incidental to such
liabilities) to third persons not compensated by insurance or otherwise
within the funds available under the Limitation of Cost or the
Limitation of Funds clause of this contract. These liabilities must
arise out of the performance of this contract, whether or not caused by
the negligence of the Contractor or of the Contractor's agents,
servants, or employees, and must be represented by final judgments or
settlements approved in writing by the Government. These liabilities
are for --
(i) Loss of or damage to property (other than property owned,
occupied, or used by the Contractor, rented to the Contractor, or in the
care, custody, or control of the Contractor); or
(ii) Death or bodily injury.
(d) The Government's liability under paragraph (c) of this clause is
limited to the amounts reflected in final judgments, or settlements
approved in writing by the Government, but in no event to exceed the
funds available under the Limitation of Cost or Limitation of Funds
clause of this contract. Nothing in this contract shall be construed as
implying that, at a later date, the Government will request, or the
Congress will appropriate, funds sufficient to meet any deficiencies.
(e) The Contractor shall not be reimbursed for liabilities (and
expenses incidental to such liabilities) --
(1) For which the Contractor is otherwise responsible under the
express terms of any clause specified in the Schedule or elsewhere in
the contract;
(2) For which the Contractor has failed to insure or to maintain
insurance as required by the Contracting Officer; or
(3) That result from willful misconduct or lack of good faith on the
part of the Contractor's directors, officers, managers, superintendents,
or other representatives who have supervision or direction of --
(i) All or substantially all of the Contractor's business;
(ii) All or substantially all of the Contractor's operations at any
one plant or separate location in which this contract is being
performed; or
(iii) A separate and complete major industrial operation in
connection with the performance of this contract.
(f) The provisions of paragraph (e) of this clause shall not restrict
the right of the Contractor to be reimbursed for the cost of insurance
maintained by the Contractor in connection with the performance of this
contract, other than insurance required in accordance with this clause;
provided, That such cost is allowable under the Allowable Cost and
Payment clause of this contract.
(g) If any suit or action is filed or any claim is made against the
Contractor, the cost and expense of which may be reimbursable to the
Contractor under this contract, and the risk of which is then uninsured
or is insured for less than the amount claimed, the Contractor shall --
(1) Immediately notify the Contracting Officer and promptly furnish
copies of all pertinent papers received;
(2) Authorize Government representatives to collaborate with counsel
for the insurance carrier in settling or defending the claim when the
amount of the liability claimed exceeds the amount of coverage; and
(3) Authorize Government representatives to settle or defend the
claim and to represent the Contractor in or to take charge of any
litigation, if required by the Government, when the liability is not
insured or covered by bond. The Contractor may, at its own expense, be
associated with the Government representatives in any such claim or
litigation.
Alternate I (APR 1984). If the solicitation includes the provision
at 52.228-6, Insurance-Immunity from Tort Liability, and the successful
offeror represents in the offer that the offeror is partially immune
from tort liability as a State agency or as a charitable institution,
add the following paragraph (h) to the basic clause:
(h) Notwithstanding paragraphs (a) and (c) of this clause --
(1) The Government does not assume any liability to third persons,
nor will the Government reimburse the Contractor for its liability to
third persons, with respect to loss due to death, bodily injury, or
damage to property resulting in any way from the performance of this
contract or any subcontract under this contract; and
(2) The contractor need not provide or maintain insurance coverage as
required by paragraph (a) of this clause; provided, that the Contractor
may obtain any insurance coverage deemed necessary, subject to approval
by the Contracting Officer as to form, amount, and duration. The
Contractor shall be reimbursed for the cost of such insurance and, to
the extent provided in paragraph (c) of this clause, to liabilities to
third persons for which the contractor has obtained insurance coverage
as provided in this paragraph, but for which such coverage is
insufficient in amount.
Alternate II (APR 1984). If the solicitation includes the provision
at 52.228-6, Insurance-Immunity from Tort Liability, and the successful
offeror represents in the offer that the offeror is totally immune from
tort liability as a State agency or as a charitable institution,
substitute the following paragraphs (a) and (b) for paragraphs (a)
through (g) of the basic clause:
(a) The Government does not assume any liability to third persons,
nor will the Government reimburse the Contractor for its liability to
third persons, with respect to loss due to death, bodily injury, or
damage to property resulting in any way from the performance of this
contract or any subcontract under this contract.
(b) If any suit or action is filed, or if any claim is made against
the Contractor, the cost and expense of which may be reimbursable to the
Contractor under this contract, the Contractor shall immediately notify
the Contracting Officer and promptly furnish copies of all pertinent
papers received by the Contractor. The Contractor shall, if required by
the Government, authorize Government representatives to settle or defend
the claim and to represent the Contractor in or take charge of any
litigation. The Contractor may, at its own expense, be associated with
the Government representatives in any such claim or litigation.
(56 FR 58316, Nov. 19, 1991)
48 CFR 352.232-9 Withholding of contract payments.
Insert the following clause in all solicitations and contracts other
than purchase orders:
Notwithstanding any other payment provisions of this contract,
failure of the Contractor to submit required reports when due or failure
to perform or deliver required work, supplies, or services, will result
in the withholding of payments under this contract unless such failure
arises out of causes beyond the control, and without the fault or
negligence of the Contractor as defined by the clause entitled
''Excusable Delays'' or ''Default'', as applicable. The Government
shall promptly notify the Contractor of its intention to withhold
payment of any invoice or voucher submitted.
48 CFR 352.232-71 Cost sharing.
The policy relative to cost sharing is set forth in 335.070.
(a) In contracts for which cost-sharing has been individually
negotiated, the clause set forth in FAR 52.232-20 shall be used. Also,
an article reading substantially as follows, which includes a
cost-sharing formula agreed upon by the contracting officer and the
contractor that provides for the ratio of cost-sharing for both the
originally established estimated cost and any increase pursuant to the
FAR clause, shall be included in the contract.
The Contractor agrees to share in the cost of the work hereunder to
the extent of not less than (indicate percent of the total cost or
dollar amount, etc.) and shall maintain records of all costs so
contributed, as well as costs to be paid by the Government. Such
records shall be subject to audit. Costs contributed by the Contractor
shall not be charged to the Government under any other grant or contract
(including allocation to other grants or contracts as part of an
independent research and development program).
(b) In contracts for which cost-sharing will be in accordance with a
previously negotiated institutional agreement, the clause set forth in
FAR 52.232-20 shall also be used. However, instead of specifying a
cost-sharing formula, the following shall be included as a special
provision.
This contract is subject to an Institutional Cost-Sharing Agreement
which became effective with respect to HHS research contracts on (date),
and the Contractor agrees that the Government shall not bear the entire
cost of the work hereunder.
48 CFR 352.232-73 Method of payment -- letter of credit.
When authorized by an individual or blanket determination, findings,
and authorization for advance payment, under a letter of credit, the
following clause shall be used: (See 332.406 for further instructions
regarding use of the clause.)
(a) The Contractor shall be paid with funds made available under the
Federal Reserve Letter of Credit No. ---- , established by ------------
Department of Health and Human Services, against which the Contractor
will withdraw funds pursuant to Federal Reserve Letter of Credit
procedures contained in Treasury Department Circular 1075 (31 CFR Part
205).
(b) At the request of the Contractor and subject to the following
conditions, the Government shall make an advance payment, or advance
payments, from time to time, to the Contractor. No advance payment
shall be made: (1) Without the approval of the office administering
advance payments (hereinafter called the ''Administering Office'' and
designated in paragraph (g)(2)) as to the financial necessity therefor
(except in the case of educational institutions); (2) in an amount
which, together with all advance payments made, exceeds the contract
amount, and (3) without a properly certified invoice. The Contractor
shall (1) initiate cash drawdowns only when actually needed for its
disbursements, (2) report timely the case disbursements and balances as
required by the Administering Office, and (3) impose the same standards
of timing and amount upon any subcontractors including the furnishing of
reports of cash disbursements and balances. Failure to adhere to these
material provisions will be considered an event under paragraph (f) of
this clause.
(c) The funds drawn by the Contractor against the Federal Reserve
Letter of Credit shall be only for current allowable expenditures
necessary for the performance of this contract.
(d) When requested in writing by the Contracting Officer, the
Contractor shall repay to the Government such part of the unliquidated
balance of the advance payments as shall, in the opinion of the
Contracting Officer, be in excess of the Contractor's current needs or
in excess of the contract price.
(e) If, upon completion or termination of this contract, all amounts
obtained by the Contractor under this letter of credit have not been
fully liquidated by authorized charges under the contract, the balance
thereof shall be deducted from any sums otherwise due to the Contractor
from the Government, and any excess funds shall be repaid by the
Contractor to the Government upon demand.
(f) Upon the happening of any of the following events of default:
(1) A finding by the Administering Office that the Contractor (i) has
failed to observe any of the covenants, conditions, or warranties of
these provisions or has failed to comply with any material provisions of
this contract, or (ii) has so failed to make progress, or is in such
unsatisfactory financial condition, as to endanger performance of this
contract, or (iii) has allocated inventory to this contract
substantially exceeding reasonable requirements, or (iv) is delinquent
in payment of taxes or of the costs of performance of this contract in
the ordinary course of business; (2) appointment of a trustee, receiver
or liquidator for all or a substantial part of the Contractor's
property, or institution of bankruptcy, reorganization, arrangement or
liquidation proceedings by or against the Contractor; (3) service of
any writ of attachment, levy of execution, or commencement of
garnishment proceedings; or (4) the commission of an act of bankruptcy;
the Government, without limiting any rights it may otherwise have, may,
in its discretion and upon written notice to the Contractor, withhold
further withdrawals under the Letter of Credit and withhold further
payments on this contract. Payment can also be stopped for lack of
submission of timely and accurate reports in accordance with contract
requirements. Upon the continuance of any such events of default for a
period of thirty (30) days after such written notice to the Contractor,
the Government may, in its discretion, and without limiting any other
rights which the Government may have, take the following additional
actions as it may deem appropriate in the circumstances:
(1) Charge interest on advance payments outstanding during the period
of any such default at the rate established by the Secretary of the
Treasury pursuant to Public Law 92-41, 80 Stat. 97 for the
Renegotiation Board;
(2) Demand immediate repayment of the unliquidated balance of advance
payments hereunder; and/or
(3) Take possession of and, with or without advertisement, sell at
public sale at which the Government may be purchaser, or at a private
sale, all or any part of the property on which the Government has a lien
under this contract, and after deducting any expenses incident to such
sale, apply the net proceeds of such sale in reduction of the
unliquidated balance of advance payments hereunder and in reduction of
any other claims of the Government against the Contractor.
(g)(1) No interest shall be charged for advance payments made
hereunder, except interest during a period of default as provided in
paragraph (f)(2). The Contractor shall charge interest at the rate
established by the Secretary of the Treasury pursuant to Public Law
92-41 85 Stat. 97 for the Renegotiation Board on subadvances or
downpayments to subcontractors and such interest will be credited to the
account of the Government. However, interest need not be charged on
subadvances on subcontracts with educational or research institutions
provided such subcontracts are awarded without profit or fee for
research, development or experimental work.
(2) The office administering advance payments is designated as
---------------- .
48 CFR 352.232-74 Estimated cost and fixed fee -- incrementally funded
contract.
The following clause, or one reading substantially as it, shall be
included in the Special Provisions of an incrementally funded contract:
(a) It is estimated that the total cost to the Government for full
performance of this contract will be $ ------ , of which the sum of $
------ represents the estimated reimbursable costs and $ ------
represents the fixed-fee.
(b) Total funds currently available for payment and allotted to this
contract are $ ------ , of which $ ------ represents the estimated
reimbursable costs and $ ------ represents the fixed-fee. For further
provisions on funding, see the Limitation of Funds clause.
(c) It is estimated that the amount currently allotted will cover
performance of Phase I which is scheduled to be completed by (date)
------------ .
(d) The Contracting Officer may allot additional funds to the
contract without the concurrence of the Contractor.
48 CFR 352.232-75 Incremental funding.
The following provision shall be included in all requests for
proposals whenever the use of incremental funding is contemplated:
(a) Sufficient funds are not presently available to cover the total
cost of the complete multiple year project described in this
solicitation. However, it is the Government's intention to negotiate
and award a contract using the incremental funding concepts described in
the clause entitled Limitation of Funds. Under that clause, which will
be included in the resultant contract, initial funds will be obligated
under the contract to cover the first year of performance. Additional
funds are intended to be allotted to the contract by contract
modification, up to and including the full estimated cost of the
contract, to accomplish the entire project. While it is the
Government's intention to progressively fund this contract over the
entire period of performance up to and including the full estimated
cost, the Government will not be obligated to reimburse the Contractor
for costs incurred in excess of the periodic allotments, nor will the
Contractor be obligated to perform in excess of the amount allotted.
(b) The Limitation of Funds clause to be included in the resultant
contract shall supersede the Limitation of Cost clause found in the
General Provisions.
48 CFR 352.233-70 Litigation and claims.
Insert the following clause in all solicitations and resultant
cost-reimbursement contracts:
The Contractor shall give the Contracting Officer immediate notice in
writing of (a) any action, including any proceeding before an
administrative agency, filed against the Contractor arising out of the
performance of this contract, including, but not limited to the
performance of any subcontract hereunder; and (b) any claim against the
Contractor the cost and expense of which is allowable under the clause
entitled ''Allowable Cost and Payment.'' Except as otherwise directed by
the Contracting Officer, the Contractor shall furnish immediately to the
Contracting Officer copies of all pertinent papers received by the
Contractor with respect to such action or claim. To the extent not in
conflict with any applicable policy of insurance, the Contractor may,
with the Contracting Officer's approval, settle any such action or
claim. If required by the Contracting Officer, the Contractor shall (a)
effect an assignment and subrogation in favor of the Government of all
the Contractor's rights and claims (except those against the Government)
arising out of any such action or claim against the Contractors; and
(b) authorize representatives of the Government to settle or defend any
such action or claim and to represent the Contractor in, or to take
charge of, any action. If the settlement or defense of an action or
claim is undertaken by the Government, the Contractor shall furnish all
reasonable assistance in effecting a settlement or asserting a defense.
Where an action against the Contractor is not covered by a policy of
insurance, the Contractor shall, with the approval of the Contracting
Officer, proceed with the defense of the action in good faith. The
Government shall not be liable for the expense of defending any action
or for any costs resulting from the loss thereof to the extent that the
Contractor would have been compensated by insurance which was required
by law or regulation or by written direction of the Contracting Officer,
but which the Contractor failed to secure through its own fault or
negligence.
In any event, unless otherwise expressly provided in this contract,
the Contractor shall not be reimbursed or indemnified by the Government
for any liability loss, cost or expense, which the Contractor may incur
or be subject to by reason of any loss, injury, or damage, to the person
or to real or personal property of any third parties as may accrue
during, or arise from, the performance of this contract.
48 CFR 352.237-70 Consulting services reporting.
The contracting officer shall include the following clause in every
contract for consulting services, as defined in the General
Administration Manual Chapter 8-15 and as required by 337.270.
The Contractor shall set forth on the cover of every report submitted
pursuant to this contract the following information: (a) Name and
business address of the Contractor; (b) Contract number; (c) Contract
dollar amount; (d) Whether the contract was competitively or
noncompetitively awarded; (e) Name of the Department's project officer
and complete office identification and address; and (f) Names of the
managerial and professional personnel responsible for the content and
preparation of the report.
48 CFR 352.242-71 Final decisions on audit findings.
Insert the following clause in all solicitations and resultant
cost-reimbursement contracts.
For the purpose of issuing final decisions under the Disputes clause
of this contract concerning monetary audit findings, the Contracting
Officer shall be that person with ultimate responsibility for making
that decision in accordance with Chapter 1-105, Resolution of Audit
Findings, of the Department's Grants Administration Manual.
352.242-72 -- 352.242-79 (Reserved)
48 CFR 352.249-14 Excusable delays.
Insert the following clause in all solicitations and resultant
contracts other than purchase orders which do not have either a default
or excusable delays clause.
(a) Except with respect to failures of subcontractors, the Contractor
shall not be considered to have failed in performance of this contract
if such failure arises out of causes beyond the control and without the
fault or negligence of the Contractor.
(b) Such causes may include, but are not restricted to, acts of God
or of the public enemy, acts of the Government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather,
but in every case the failure to perform must be beyond the control and
without the fault or negligence of the Contractor. If the failure to
perform is caused by the failure of a subcontractor to perform, and if
such failure arises out of causes beyond the control of both the
Contractor and subcontractor, and without the fault or negligence of
either of them, the Contractor shall not be deemed to have failed in
performance of the contract, unless: (1) The supplies or services to be
furnished by the subcontractor were obtainable from other sources, (2)
The Contracting Officer shall have ordered the Contractor in writing to
procure such supplies or services from such other sources, and (3) The
Contractor shall have failed to comply reasonably with such order. Upon
request of the Contractor, the Contracting Officer shall ascertain the
facts and extent of such failure and, if he/she shall determine that any
failure to perform was occasioned by any one or more of the said causes,
the delivery schedule shall be revised accordingly, subject to the
rights of the Government under the termination clause hereof. (As used
in this clause, the terms ''subcontractor'' and ''subcontractors'' mean
subcontractor(s) at any tier.)
48 CFR 352.270-1 Accessibility of meetings, conferences, and seminars to
persons with disabilities.
The following clause is to be used in accordance with 370.102:
The Contractor agrees as follows:
(a) Planning. The Contractor will develop a plan to assure that any
meeting, conference, or seminar held pursuant to this contract will meet
or exceed the minimum accessibility standards set forth below. This
plan shall include a provision for ascertaining the number and types of
disabled individuals planning to attend the meeting, conference, or
seminar. The plan shall be submitted to the project officer for
approval prior to initiating action. (A consolidated or master plan for
contracts requiring numerous meetings, conferences, or seminars may be
submitted in lieu of separate plans.)
(b) Facilities. Any facility to be utilized for meetings,
conferences, or seminars in performance of this contract shall be
accessible to persons with disabilities. The Contractor shall
determine, by an on-site inspection if necessary, that the following
minimum accessibility requirements are met, or suitable modifications
are made to meet these requirements, before the meeting:
(1) Parking. (i) Where parking is available on or adjacent to the
site, one 12' wide space must be set aside for the care of each mobility
impaired attendee. The space need not be permanently striped but may be
temporarily marked by signs, ropes, or other means satisfactory to carry
out this provision.
(ii) Where parking is not available on or adjacent to the site, valet
parking or other alternative means to assist a person who has a mobility
impairment may be used. Alternate means must be satisfactory in the
judgment of the Government project officer.
(2) Entrances. (i) ''Entrances'' shall include at least one
accessible entrance from the street/sidewalk level, and at least one
accessible entrance from any available parking facility.
(ii) The entrance shall be level or accessible by ramp with an
incline that allows independent negotiation by a person in a wheelchair.
In general, the slope of the incline shall be no more than 1'' rise per
foot of ramp length (1:12).
(iii) Entrance doorways shall be at least 30'' in clear width and
capable of operation by persons with disabilities. Revolving doors,
regardless of foldback capability, will not meet this requirement.
(3) Meeting Rooms. (i) Meeting room access from the main entrance
area must be level or at an independently negotiable incline
(approximately 1:12) and/or served by elevators from the main entrance
level. All elevators shall be capable of accommodating a wheelchair
29'' wide by 45'' long.
(ii) Meeting rooms shall be on one level or, if on different levels,
capable of being reached by elevators or by ramps that can be
independently negotiated by a person in a wheelchair. Doorways to all
meeting rooms shall be at least 30'' in clear width.
(iii) The interior of the meeting room shall be on one level or
ramped so as to be independently negotiable for a person in a
wheelchair.
(iv) Stages, speaker platforms, etc. which are to be used by persons
in wheelchairs must be accessible by ramps or lifts. When used, the
ramps may not necessarily be independently negotiable if space does not
permit. However, any slope over 1:12 must be approved by the project
officer. Each case is to be judged on its own merits.
(v) If a meeting room with fixed seating is utilized, seating
arrangements for persons in wheelchairs shall be made so that these
persons are incorporated into the group rather than isolated on the
perimeter of the group.
(4) Restrooms. (i) Restrooms shall have level access, signs
indicating accessibility, and doorways at least 30'' in clear width.
(ii) Sufficient turning space within restrooms shall be provided for
independent use by a person in a wheelchair 29'' wide by 45'' long. A
space 60'' by 60'' or 63'' by 56'' of unobstructed floor space as
measured 12'' above the floor is acceptable by standard; other layouts
will be accepted if it can be demonstrated that they are usable as
indicated.
(iii) There will be a restroom for each sex or a unisex restroom with
at least one toilet stall capable of accommodating a wheelchair 29''
wide by 45'' long (by standard, the minimum is 3'-0'' by 4'-8'') with
outswinging doors or privacy curtains. Wall mounted grab bars are
required.
(iv) When separate restrooms have been set up for mobility impaired
persons, they shall be located adjacent to the regular restrooms and
shall be fully accessible.
(5) Eating Facilities. (i) Eating facilities in the meeting facility
must be accessible under the same general guidelines as are applied to
meeting rooms.
(ii) If the eating facility is a cafeteria, the food service area
(cafeteria line) must allow sufficient room for independent wheelchair
movement and accessibility to food for persons in wheelchairs, and
cafeteria staff shall be available to assist disabled persons.
(6) Overnight Facilities. If overnight accommodations are required:
(i) Sufficient accessible guest rooms to accommodate each attendee
who is disabled shall be located in the facility where the meeting,
conference, or seminar is held, or in a facility housing the attendees
which is conveniently located nearby, whichever is satisfactory to the
project officer.
(ii) Overnight facilities shall provide for the same minimum
accessiblity requirements as the facility utilized for the meeting,
conference, or seminar. In addition, guest room access from the main
entrance area shall be level, ramped at an independently negotiable
incline (1:12), and/or served by elevators capable of accommodating a
wheelchair 29'' wide by 45'' long.
(iii) Doorways to guest rooms, including the doorway to the bathroom,
shall be at least 30'' in clear width.
(iv) Bathrooms shall have wall mounted grab bars at the tub and water
closet.
(v) Guest rooms for persons with a disability shall be provided at
the same rate as a guest room for other attendees.
(7) Water Fountains. Water fountains shall be accessible to disabled
persons, or have cup dispensers for use by persons in wheelchairs.
(c) Provisions of Services for Sensory Impaired Attendees. (1) The
Contractor, in planning the meeting, conference, or seminar, shall
include in all announcements and other materials pertaining to the
meeting, conference, or seminar a notice indicating that services will
be made available to sensory impaired persons attending the meeting, if
requested within five (5) days of the date of the meeting, conference,
or seminar. The announcement(s) and other material(s) shall indicate
that sensory impaired persons may contact a specific person(s), at a
specific address and phone number(s), to make their service requirements
known. The phone number(s) shall include a teletype number for the
hearing impaired.
(2) The Contractor shall provide, at no cost to the individual, those
services required by persons with sensory impairments to insure their
complete participation in the meeting, conference, or seminar.
(3) As a minimum, when requested in advance, the Contractor shall
provide the following services:
(i) For hearing impaired persons, qualified interpreters. Provisions
will also be made for volume controlled phone lines and, if necessary,
transportation to local teletype equipment to enable hearing impaired
individuals to receive and send meeting related calls. If local
teletype equipment is not available, the Contractor shall provide on
site teletype equipment. Also, the meeting rooms will be adequately
illuminated so signing by interpreters can be easily seen.
(ii) For vision impaired persons, readers and/or cassette materials,
as necessary, to enable full participation. Also, meeting rooms will be
adequately illuminated.
(iii) Agenda and other conference material(s) shall be translated
into a usable form for the visually and hearing impaired. Readers,
braille translations, and/or tape recordings are all acceptable. These
materials shall be available to sensory impaired individuals upon their
arrival.
(4) The Contractor is responsible for making every effort to
ascertain the number of sensory impaired individuals who plan to attend
the meeting, conference, or seminar. However, if it can be determined
that there will be no sensory impaired person (deaf and/or blind) in
attendance, the provision of those services under paragraph (c) for the
nonrepresented group, or groups, is not required.
48 CFR 352.270-2 Indian preference.
The following clause shall be used as prescribed in 370.202(a):
(a) The Contractor agrees to give preference in employment
opportunities under this contract to Indians who can perform required
work, regardless of age (subject to existing laws and regulations), sex,
religion, or tribal affiliation. To the extent feasible and consistent
with the efficient performance of this contract, the Contractor further
agrees to give preference in employment and training opportunities under
this contract to Indians who are not fully qualified to perform
regardless of age (subject to existing laws and regulations), sex,
religion, or tribal affiliation. The Contractor also agrees to give
preference to Indian organizations and Indian-owned economic enterprises
in the awarding of any subcontracts to the extent feasible and
consistent with the efficient performance of this contract. The
Contractor shall maintain statistical records as are necessary to
indicate compliance with this paragraph.
(b) In connection with the Indian employment preference requirements
of this clause, the Contractor shall provide opportunities for training
incident to such employment. Such training shall include on-the-job,
classroom or apprenticeship training which is designed to increase the
vocational effectiveness of an Indian employee.
(c) If the Contractor is unable to fill its employment and training
opportunities after giving full consideration to Indians as required by
this clause, those needs may be satisfied by selection of persons other
than Indians in accordance with the clause of this contract entitled
''Equal Opportunity.''
(d) If no Indian organizations or Indian-owned economic enterprises
are available under reasonable terms and conditions, including price,
for awarding of subcontracts in connection with the work performed under
this contract, the Contractor agrees to comply with the provisions of
this contract involving utilization of small business concerns, small
business concerns owned and controlled by socially and economically
disadvantaged individuals, or labor surplus area concerns.
(e) As used in this clause:
(1) ''Indian'' means a person who is a member of an Indian Tribe. If
the contractor has reason to doubt that a person seeking employment
preference is an Indian, the Contractor shall grant the preference but
shall require the individual to provide evidence within thirty (30) days
from the Tribe concerned that the person is a member of that Tribe.
(2) ''Indian Tribe'' means an Indian Tribe, pueblo, band, nation, or
other organized group or community, including any Alaska Native village
or regional or village corporation as defined in or established pursuant
to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C.
1601) which is recognized as eligible for the special programs and
services provided by the United States to Indians because of their
status as Indians.
(3) ''Indian organization'' means the governing body of any Indian
Tribe or entity established or recognized by such governing body in
accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25
U.S.C. 1451); and
(4) ''Indian-owned economic enterprise'' means any Indian-owned
commercial, industrial, or business activity established or organized
for the purpose of profit, provided that such Indian ownership shall
constitute not less than 51 percent of the enterprise, and that
ownership shall encompass active operation and control of the
enterprise.
(f) The Contractor agrees to include the provisions of this clause,
including this paragraph (f), in each subcontract awarded at any tier
under this contract.
(g) In the event of noncompliance with this clause, the Contracting
Officer may terminate the contract in whole or in part or may impose any
other sanctions authorized by law or by other provisions of the
contract.
48 CFR 352.270-3 Indian preference program.
The following clause shall be used as prescribed in 370.202(b):
(a) In addition to the requirements of the clause of this contract
entitled ''Indian Preference,'' the Contractor agrees to establish and
conduct an Indian preference program which will expand opportunities for
Indians to receive perference for employment and training in connection
with the work to be performed under this contract, and which will expand
the opportunities for Indian organizations and Indian-owned economic
enterprises to receive a preference in the awarding of subcontracts. In
this connection, the Contractor shall:
(1) Designate a liaison officer who will (i) Maintain liaison with
the Government and the Tribe(s) on Indian perference matters; (ii)
Supervise compliance with the provisions of this clause; and (iii)
Administer the Contractor's Indian perference program.
(2) Advise its recruitment sources in writing and include a statement
in all advertisements for employment that Indian applicants will be
given preference in employment and training incident to such employment.
(3) Not more than twenty (20) calendar days after award of the
contract, post a written notice in the Tribal office of any reservations
on which or near where the work under this contract is to be performed
that sets forth the Contractor's employment needs and related training
opportunities. The notice shall include the approximate numbers and
types of employees needed; the approximate dates of employment; the
experience or special skills required for employment, if any; training
opportunities available; and other pertinent information necessary to
advise prospective employees of any other employment requirements. The
Contractor shall also request the Tribe(s) on or near whose
reservation(s) the work is to be performed to provide assistance to the
Contractor in filling its employment needs and training opportunities.
The Contracting Officer will advise the Contractor of the name,
location, and phone number of the Tribal officials to contact in regard
to the posting of notices and requests for Tribal assistance.
(4) Establish and conduct a subcontracting program which gives
preference to Indian organizations and Indian-owned economic enterprises
as subcontractors and suppliers under this contract. The Contractor
shall give public notice of existing subcontracting opportunities and,
to the extent feasible and consistent with the efficient performance of
this contract, shall solicit bids or proposals only from Indian
organizations or Indian-owned economic enterprises. The Contractor
shall request assistance and information on Indian firms qualified as
suppliers or subcontractors from the Tribe(s) on or near whose
reservation(s) the work under the contract is to be performed. The
Contracting Officer will advise the contractor of the name, location,
and phone number of the Tribal officials to be contacted in regard to
the request for assistance and information. Public notices and
solicitations for existing subcontracting opportunities shall provide an
equitable opportunity for Indian firms to submit bids or proposals by
including:
(i) A clear description of the supplies or services required,
including quantities, specifications, and delivery schedules which
facilitate the participation of Indian firms; (ii) A statement
indicating that preference will be given to Indian organizations and
Indian-owned economic enterprises in accordance with section 7(b) of
Public Law 93-638 (88 Stat. 2205; 25 U.S.C. 450e(b)); (iii)
Definitions for the terms ''Indian organization'' and ''Indian-owned
economic enterprise'' as prescribed under the ''Indian Preference''
clause of this contract; (iv) A representation to be completed by the
bidder or offeror that it is an Indian organization or ''Indian-owned
economic enterprise; and (v) A closing date for receipt of bids or
proposals which provides sufficient time for preparation and submission
of a bid or proposal. If after soliciting bids or proposals from Indian
orgnizations and Indian-owned economic enterprises, no responsive bid or
acceptable proposal is received, the Contractor shall comply with the
requirements of paragraph (d) of the ''Indian Preference'' clause of
this contract. If one or more responsive bids or acceptable proposals
are received, award shall be made to the low responsible bidder or
acceptable offeror if the price is determined to be reasonable. It the
low responsive bid or acceptable proposal is determined to be
unreasonable as to price, the Contractor shall attempt to negotiate a
reasonable price and award a subcontract. If a reasonable price cannot
be agreed upon, the Contractor shall comply with the requirements of
paragraph (d) of the ''Indian Preference'' clause of this contract. (5)
Maintain written records under this contract which indicate: (i) The
numbers of Indians seeking employment for each employment position
available under this contract; (ii) the number and types of positions
filled by Indians and non-Indians, and the total number of Indians
employed under this contract; (iii) For those positions where there are
both Indian and non-Indian applicants, and a non-Indian is selected for
employment, the reason(s) why the Indian applicant was not selected;
(iv) Actions taken to give preference to Indian organizations and
Indian-owned economic enterprises for subcontracting opportunities which
exist under this contract; (v) Reasons why preference was not given to
Indian firms as subcontracators or suppliers for each requirement where
it was determined by the Contractor that such preference would not be
consistent with the efficient performance of the contract; and (vi) The
number of Indian organizations and Indian-owned economic enterprises
contacted, and the number receiving subcontract awards under this
contract.
(6) Submit to the Contracting Officer for approval a quarterly report
which summarizes the Contractor's Indian preference program and
indicates the number and types of available positions filled by Indians
and non-Indians, and the dollar amounts of all subcontracts awarded to
Indian organizations and Indian-owned economic enterprises, and to all
other firms.
(7) Maintain records pursuant to this clause and keep them available
for review by the Government until expiration of one (1) year after
final payment under this contract, or for such longer period as may be
required by any other clause of this contract or by applicable law or
regulation.
(b) For purposes of this clause, the following definitions of terms
shall apply:
(1) The terms ''Indian,'' ''Indian Tribe,'' ''Indian Organization,''
and ''Indian-owned economic enterprise'' are defined in the clause of
this contract entitled ''Indian Preference.''
(2) ''Indian reservation'' includes Indian reservations, public
domain Indian Allotments, former Indian reservations in Oklahoma, and
land held by incorporated Native groups, regional corporations, and
village corporations under the provisions of the Alaska Native Claims
Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.)
(3) ''On or near an Indian Reservation'' means on a reservation or
reservations or within that area surrounding an Indian reservation(s)
where a person seeking employment could reasonably be expected to
commute to and from in the course of a work day.
(c) Nothing in the requirements of this clause shall be interpreted
to preclude Indian Tribes from independently developing and enforcing
their own Indian preference requirements. Such requirements must not
conflict with any Federal statutory or regulatory requirement dealing
with the award and administration of contracts.
(d) The Contractor agrees to include the provisions of this clause,
including this paragraph (d), in each subcontract awarded at any tier
under this contract and to notify the Contracting Officer of such
subcontracts.
(e) In the event of noncompliance with this clause, the Contracting
Officer may terminate the contract in whole or in part or may impose any
other sanctions authorized by law or by other provisions of the
contract.
48 CFR 352.270-4 Pricing of adjustments.
Insert the following clause in all solicitations and resultant
fixed-priced contracts other than purchase orders.
When costs are a factor in determination of a contract price
adjustment pursuant to the ''Changes'' clause or any provision of this
contract, such costs shall be determined in accordance with the
applicable cost principles and procedures set forth below:
(49 FR 14031, Apr. 9, 1984, as amended at 50 FR 38005, Sept. 19,
1985)
48 CFR 352.270-5 Key personnel.
Insert the following clause in all solicitations and resultant
cost-reimbursement contracts.
The personnel specified in this contract are considered to be
essential to the work being performed hereunder. Prior to diverting any
of the specified individuals to other programs, the Contractor shall
notify the Contracting Officer reasonably in advance and shall submit
justification (including proposed substitutions) in sufficient detail to
permit evaluation of the impact on the program. No diversion shall be
made by the Contractor without the written consent of the Contracting
Officer; Provided, that the Contracting Officer may ratify in writing
such diversion and such ratification shall constitute the consent of the
Contracting Officer required by the clause. The contract may be amended
from time to time during the course of the contract to either add or
delete personnel, as appropriate.
48 CFR 352.270-6 Publication and publicity.
Insert the following clause in all solicitations and resultant
contracts.
(a) Unless otherwise specified in this contract, the Contractor is
encouraged to publish the results of its work under this contract. A
copy of each article submitted by the Contractor for publication shall
be promptly sent to the Project Officer. The Contractor shall also
inform the Project Officer when the article or other publication is
published, and furnish a copy of it as finally published.
(b) The Contractor shall include in any publication resulting from
work performed under this contract a disclaimer reading as follows:
The content of this publication does not necessarily reflect the
views or policies of the Department of Health and Human Services, nor
does mention of trade names, commercial products, or organizations imply
endorsement by the U.S. Government.
(56 FR 33882, July 24, 1991, as amended at 56 FR 57602, Nov. 13,
1991)
48 CFR 352.270-7 Paperwork Reduction Act.
Insert the following clause in all solicitations and contracts.
(a) In the event that it subsequently becomes a contractual
requirement to collect or record information calling either for answers
to identical questions from 10 or more persons other than Federal
employees, or information from Federal employees which is outside the
scope of their employment, for use by the Federal government or
disclosure to third parties, the Paperwork Reduction Act of 1980 (Pub.
L. 96-511) shall apply to this contract. No plan, questionnaire,
interview guide or other similar device for collecting information
(whether repetitive or single-time) may be used without first obtaining
clearance from the Assistant Secretary for Management and Budget (ASMB)
within the Department of Health and Human Services (HHS) and the Office
of Management and Budget (OMB). Contractors and Project Officers should
be guided by the provisions of 5 CFR Part 1320, Controlling Paperwork
Burdens on the Public, and seek the advice of the HHS operating division
or Office of the Secretary Reports Clearance Officer to determine the
procedures for acquiring ASMB and OMB clearance.
(b) The Contractor shall obtain the required ASMB and OMB clearance
through the Project Officer before expending any funds or making public
contacts for the collection of data. The authority to expend funds and
proceed with the collection of information shall be in writing by the
Contracting Officer. The Contractor must plan at least 120 days for
ASMB and OMB clearance. Excessive delay caused by the Government which
arises out of causes beyond the control and without the fault or
negligence of the Contractor will be considered in accordance with the
Excusable Delays or Default clause of this contract.
48 CFR 352.270-7 PART 353 -- FORMS
48 CFR 352.270-7 Subpart 353.3 -- Illustrations of Forms
Sec.
353.370-393 Form HHS 393, Purchase/Service/Stock Requisition.
353.370-674 Form HHS 674, Structured Approach Profit/Fee Objective.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 352.270-7 Subpart 353.3 -- Illustrations of Forms
48 CFR 353.370-393 Form HHS 393, Purchase/Service/Stock Requisition.
Insert Illustration 0802
(51 FR 44295, Dec. 9, 1986)
48 CFR 353.370-674 Form HHS 674, Structured Approach Profit/Fee
Objective.
Insert illustration 0536
(49 FR 14047, Apr. 9, 1984)
48 CFR 353.370-674 SUBCHAPTER T -- HHS SUPPLEMENTATIONS
48 CFR 353.370-674 PART 370 -- SPECIAL PROGRAMS AFFECTING ACQUISITION
48 CFR 353.370-674 Subpart 370.1 -- Accessibility of Meetings,
Conferences, and Seminars to Persons With Disabilities
Sec.
370.101 Policy.
370.102 Responsibilities.
48 CFR 353.370-674 Subpart 370.2 -- Indian Preference in Employment,
Training, and Subcontracting Opportunities
370.201 Statutory requirements.
370.202 Applicability.
370.203 Definitions.
370.204 Compliance enforcement.
370.205 Tribal preference requirements.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 14048, Apr. 9, 1984, unless otherwise noted.
48 CFR 353.370-674 Subpart 370.1 -- Accessibility of Meetings, Conferences, and Seminars to Persons With Disabilities
48 CFR 370.101 Policy.
(a) It is the policy of HHS that all meetings, conferences, and
seminars be accessible to individuals with disabilities. For the
purposes of this policy, accessibility is defined as both physical
access to meeting, conference, and seminar sites, and aids and services
to enable individuals with sensory disabilities to fully participate in
meetings, conferences, and seminars.
(b) In regard to acquisition, the policy is applicable to all
contracts where the statement of work requires the contractor to conduct
meetings, conferences, or seminars that are open to the public or
involve HHS personnel, but not to ad hoc meetings that may be necessary
or incidental to contract performance.
48 CFR 370.102 Responsibilities.
(a) The contracting officer shall include the clause in 352.270-1 in
every solicitation and resulting contract when the statement of work
requires the contractor to conduct meetings, conferences, or seminars in
accordance with 370.101(b).
(b) The project officer shall be responsible for obtaining,
reviewing, and approving the contractor's plan, which is to be submitted
in response to paragraph (a) of the contract clause in 352.270-1. A
consolidated or master plan for contracts requiring numerous meetings,
conferences, or seminars will be acceptable. The project officer, prior
to approving the plan, shall consult with the Office of Engineering
Services serving the region where the meeting, conference, or seminar is
to be held, to assure that the contractor's plan meets the accessibility
requirements of the contract clause. The Office of Engineering Services
shall make a determination on the adequacy of the contractor's plan, and
notify the project officer, in writing, within ten (10) working days of
receiving the request from the project officer.
(49 FR 14048, Apr. 9, 1984, as amended at 50 FR 23135, May 31, 1985;
50 FR 38004, Sept. 19, 1985)
48 CFR 370.102 Subpart 370.2 -- Indian Preference in Employment, Training, and Subcontracting Opportunities
48 CFR 370.201 Statutory requirements.
Section 7(b) of the Indian Self-Determination and Education
Assistance Act, Public Law 93-638, 88 Stat. 2205; 25 U.S.C. 450e(b)
requires:
Any contract, subcontract, grant, or subgrant pursuant to this Act,
the Act of April 16, 1934 (48 Stat. 596), as amended, or any other Act
authorizing Federal contracts with or grants to Indian organizations or
for the benefit of Indians, shall require that to the greatest extent
feasible --
(1) Preferences and opportunities for training and employment in
connection with the administration of such contracts or grants shall be
given to Indians; and
(2) Preference in the award of subcontracts and subgrants in
connection with the administration of such contracts or grants shall be
given to Indian organizations and to Indian-owned economic enterprises
as defined in section 3 of the Indian Financing Act of 1974 (88 Stat.
77).
48 CFR 370.202 Applicability.
The Indian Preference clause set forth in 352.270-2 and the Indian
Preference Program clause set forth in 352.270-3 have been developed to
implement section 7(b) of Public Law 93-638 for all activities of the
Department. The clauses shall be used by any affected departmental
contracting activity as follows, except solicitations issued and
contracts awarded pursuant to Title I of Public Law 93-638 (25 U.S.C.
450 et seq.) are exempted:
(a) The Indian Preference clause (352.270-2) shall be included in
each solicitation and resultant contract, regardless of dollar amount:
(1) When the contract is to be awarded pursuant to an act
specifically authorizing contracts with Indian organizations; or
(2) Where the work to be performed under the contract is specifically
for the benefit of Indians and is in addition to any incidental benefits
which might otherwise accrue to the general public.
(b) The Indian Preference Program clause (352.270-3) shall be
included in each solicitation and resultant contract when:
(1) The dollar amount of the acquisition is expected to equal or
exceed $50,000 for nonconstruction work or $100,000 for construction
work;
(2) The Indian Preference clause is to be included in the
solicitation and resultant contract; and
(3) The determination is made, prior to solicitation that the work to
be performed under the resultant contract will take place in whole or in
substantial part on or near an Indian reservation(s). In addition, the
Indian Preference Program clause may be included in any solicitation and
resultant contract below the $50,000 or $100,000 level for
nonconstruction or construction contracts, respectively, but which meet
the requirements of paragraphs (b) (2) and (3) of this section, and, in
the opinion of the contracting activity, offer substantial opportunities
for Indian employment, training, and subcontracting.
48 CFR 370.203 Definitions.
For purposes of this Subpart 370.2, the following definitions shall
apply:
(a) Indian means a person who is a member of an Indian Tribe. If the
contractor has reason to doubt that a person seeking employment
preference is an Indian, the contractor shall grant the preference but
shall require the individual to provide evidence within thirty (30) days
from the Tribe concerned that the person is a member of that Tribe.
(b) Indian Tribe means an Indian Tribe, pueblo, band, nation, or
other organized group or community, including any Alaska Native village
or regional or village corporation or village corporation as defined in
or established pursuant to the Alaska Native Claims Settlement Act (85
Stat. 688; 43 U.S.C. 1601) which is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
(c) Indian organization means the governing body of any Indian Tribe
or entity established or recognized by such governing body in accordance
with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).
(d) Indian-owned economic enterprise means any Indian-owned
commercial, industrial, or business activity established or organized
for the purpose of profit, provided that such Indian ownership shall
constitute not less than 51 percent of the enterprise, and that
ownership shall encompass active operation and control.
(e) Indian reservation includes Indian reservations, public domain
Indian allotments, former Indian reservations in Oklahoma, and land held
by incorporated Native groups, regional corporations, and village
corporations under the provisions of the Alaska Native Claims Settlement
Act (85 Stat. 688; 43 U.S.C. 1601 et seq.).
(f) On or near an Indian Reservation means on a reservation or
reservations or within that area surrounding an Indian reservation(s)
where a person seeking employment could reasonably be expected to
commute to and from in the course of a work day.
48 CFR 370.204 Compliance enforcement.
(a) The concerned contracting activity shall be responsible for
conducting periodic reviews to insure contractor compliance with the
requirements of the clauses set forth in 352.270-2 and 352.270-3. These
reviews may be conducted with the assistance of the Indian Tribe(s)
concerned.
(b) Complaints of noncompliance with the requirements of the clauses
set forth in 352.270-2 and 352.270-3 which are filed in writing with the
contracting activity shall be promptly investigated and resolved by the
contracting officer.
48 CFR 370.205 Tribal preference requirements.
(a) Where the work under a contract is to be performed on an Indian
reservation, the contracting activity may supplement the clause set
forth in 352.270-3 by adding specific Indian preference requirements of
the Tribe on whose reservation the work is to be performed. The
supplemental requirements shall be jointly developed for the contract by
the contracting activity and the Tribe. Supplemental preference
requirements must represent a further implementation of the requirements
of section 7(b) of Public Law 93-638 and must be approved by the
affected program director and approved for legal sufficiency by the
Business and Administrative Law Division, OGC, or a regional attorney
before being added to a solicitation and resultant contract. Any
supplemental preference requirements to be added to the clause in
352.270-3 shall be included in the solicitation and clearly identified
in order to ensure uniform understanding of the additional requirements
by all prospective bidders or offerors.
(b) Nothing in these regulations shall be interpreted to preclude
Tribes from independently developing and enforcing their own tribal
preference requirements. Such independently developed tribal preference
requirements shall not, except as provided in paragraph (a) above,
become a requirement in contracts covered under this Subpart 370.2, and
must not conflict with any Federal statutory or regulatory requirement
concerning the award and administration of contracts.
48 CFR 370.205 Ch. 3, Attach. I
48 CFR Ch. 3 (10-1-92 Edition)
Department of Health and Human Services
''A-76''
307.3
Accessibility of Meetings, Conferences, and Seminars to Persons with
Disabilities
370.1
Acquisition Planning
307.1
Contents of
307.105
Administration of HHSAR
301.201
Administration, Post-Award Contract
342.70
ADP Review and Clearance
339.7001
ADP Systems Security
339.7002
Advance Acquisition Planning (Scheduling)
307.71
Advance Payments
332.4
Advertisements, Paid
305.5
Advocates for Competition
306.5
Agency Acquisition Regulations
301.3
Agency Head
302.1
Amendments to Solicitations
315.410
Announcement of Contract Award
305.303
Antitrust Violations
303.303
Appeals, Disputes and
333.2
Appointment of Contracting Officers
301.603
Arrangement of Regulation
301.104-2
Audiovisual Materials, Acquisition Clearance of
307.105-2(a)(14)
Audit, Closing Completed Contracts
304.804-1
Award Instrument, Selection of
307.70
Balance of Payments Program
325.302
Basic Agreements
316.702
Basic Agreements, Numbering of
304.7004
Basic Ordering Agreements, Numbering of
304.7005
Best and Final Offers
315.611
Blanket Purchase Agreements
313.2
Business Proposal Instructions
315.406-5(b)(3)
Buy American Act
325.1
Excepted Articles, Materials, Supplies
325.108
Formats for Nonavailability Determinations
325.108-70
Certifications, Representations and
315.406-5
Chief of Contracting Office
302.100
Class Determinations and Findings
301.703
Class Deviation
301.404
Clauses, Special Contract
352.2
Closing Completed Contracts
304.804
Closing Review (of Contracts)
304.870
Coding of HHSAR
301.104-1
Competition Advocates
306.5
Competition Requirements
306
Competitive Range
315.609
Completion (Work Statement)
307.105-3
Confidentiality of Information
324.70
Considerations in Selecting an Award Instrument
307.70
Consolidated Acquisitions
317.70
Consulting Services
337.2
Contingent Fee Violations
303.409
Contract Awards:
Announcement of
305.303
Review and Approval of Proposed
304.71
Contract Clauses
352.2
Contract Closeout
304.804
Contract Cost and Manpower Reporting
342.7002(e)
Contract Distribution
304.201
Contract Execution
304.101
Contract Files
304.801
Contract Financing
332
Contract Format
315.406-1
Contract Funding
332.7
Contract Monitoring
342.70
Contract Numbering
304.7001
Contract Reporting
304.601
Contract Types:
Cost-Plus-Fixed-Fee
316.306
Cost-Reimbursement
316.3
Cost Sharing
316.303; 335.070
Incentive
316.403
Time-and-Materials, Labor-Hour, and Letter
316.6
Contracts with Government Employees
303.602
Contracts, Voiding and Rescinding
303.704
Contracting Authority
301.601
Contracting Officer Selection and Appointment
301.603
Contracting Officer's Signature
304.101
Contracting with SBA
319.8
Contractors, Responsible Prospective
309.1
Contractor vs. Government Performance (A-76)
307.3
Cost Accounting Standards, Waiver
330.201-5
Cost Overruns
342.71
Cost/Pricing Data
315.804; 315.805
Cost-Reimbursement Contracts
316.3
Cost Sharing
316.303; 335.070
Data, Treatment of (in Contract Proposals)
315.413
DCIS (Departmental Contract Information System)
304.601
Debarment, Suspension, and Ineligibility
309.4
Debriefing of Unsuccessful Offerors
315.1003
Definitions
302.1
Determinations and Findings
301.7
Determinations and Findings Format:
Cost-Type Contract
316.301-3
Deviation
301.4
Disclosure and Use of Information Before Award
315.413
Discussion, Written or Oral
315.610
Disputes and Appeals
333.2
Distribution of Contract Documents
304.201
Duty-Free Importation of Goods
325.1
Eight-A (8a) Program (SBA)
319.8
Evaluation of Proposals
315.608
Cost or Price
315.608-77
Technical
315.608-75, and 76
Evaluation Factors (RFP)
315.406-5(c)
Evaluators, Use of Outside
315.608-71(f)
Exclusion of Sources
306.2
Execution of Contract
304.101
Executive Committee for Acquisition
301.202
Expert and Consulting Services
337.2
Facsimile Bids
314.202-7
Facsimile Proposals
315.402
Federal Procurement Data System
See DCIS
Field Pricing Support
315.805-5
Final Indirect Cost Rates
342.705
Financing, Contract
332
Foreign Purchases
325
Forms, Acquisition (Illustration of)
353.3
Freedom of Information Act (FOIA)
324.2
Full and Open Competition After Exclusion of Sources
306.2
Funding Contracts
332.7
Government Employees Training Act (Acquisition Under)
317.71
Government Property
345
Gratuities, Contractor (to Government Personnel)
303.203
Head of the Agency
302.1
Head of Contracting Activity
301.670
Imprest Fund
313.4
Incremental Funding of Cost-Reimbursement Contracts
332.702
Indirect Cost Rates
342.705
Indian Preference
370.2
Individual Deviation
301.403
Ineligibility
309.4
Institutional Cost-Sharing Agreements
335.070-4
Invoice Processing
332.905
Justification for Other than Full and Open Competition
306.303
Labor Surplus Area Concerns
320.1
Letter Contract
316.603
Letter of Credit, Recipients and Central Point Addressees
Attachment I
Letters of Credit
332.406
Letters of Intent
316.770-1
Limitation of Costs or Funds
332.704
Major System Acquisition
334.003
Meetings, Conferences, Seminars (Accessibility to for Disabled)
370.1
Memorandums of Understanding
316.770-2
Mistakes in Bids
314.406 (315.607)
Before Award
314.406-3
After Award
314.406-4
Monitoring, Contract
342.70
Negotiation Memorandum, Preparation of
315.672
Negotiation with Selected Source
315.670
Notifications to Offerors
315.1001
Numbering System, Acquisition Instrument Identification
304.70
OMB Control Numbers
301.105
Options
317.2
Other than Full and Open Competition
306.3
Paid Advertisements
305.5
Paperwork Reduction Act (Clause)
352.270-7
Personal Service Contracts
337.104
Phasing
307.105-3
Plan, Subcontracting, Small and Disadvantaged Businesses
319.705
Plan, Technical Evaluation
315.608-70
Planning, Acquisition
307.1
Post Negotiation Contract Preparation and Award
315.671
Postaward Orientation (Letters)
342.504
Pre-Proposal Conferences
315.409
Presolicitation Notices and Conferences
315.404
Price Negotiation
315.805
Pricing Data
See Cost/Pricing Data
Principal Official Responsible for Acquisition
302.1
Privacy Act
324.1
Processing Requests for Training
317.7102
Profit or Free (Structured Approach)
315.905-70
Program Personnel Responsibilities:
Accessibility of Meetings, Conferences, Seminars to Persons with
Disabilities
370.102(b)
ADP Clearances
339.7001
ADP Systems Security
339.7002
Award Instrument, Selecting
307.7004
Business Practices, Reporting Improper
303
Contract Monitoring
342.7002
Government Property, Providing
345.370(c)
Other than Full and Open Competition:
Approval of JOFOC
306.304
Circumstances Permitting
306.302
Preparing JOFOC
306.303
Planning:
Advance Acquisition (Scheduling)
307.71
Acquisition Document:
Content
307.105
Preparation
307.104-3
Responsibility
307.104-2
Special Program Clearances
307.105-2
Statement of Work
307.105-3
Privacy Act:
Determination
324.102
System Notice
324.103
Request for Contract:
Content
315.7004
Procedures
315.7002
Responsibilities
315.7003
Request for Proposals:
Evaluation Criteria Development
315.406-5(c)
Preparation
315.406
Technical Proposal Instructions
315.406-5(b)(2)
Source Selection:
Competitive Range
315.609(i)
Evaluation of Proposals (Need for Confidentiality)
315.604(d)
Handling and Disclosing Proposals
315.608-72
Rating and Ranking Proposals
315.608-75
Technical Evaluation Panel
315.608-71, 74
Technical Evaluation Plan
315.608-70
Technical Evaluation Report
315.608-76
Training
307.170
Program Training Requirements
307.170
Progress Payments, Unusual
332.501
Prompt Payment
332.9
Prompt Payment
332.905
Proposals, Evaluation of
315.608
Proposals, Unsolicited
315.5
Proposed Contract Awards, Review and Approval of
304.71
Protective Services
337.109
Protests Against Award
333.1
Providing Government Property
345.370
Provisions, Solicitation
352.2; 315.407
Purchase Descriptions, Statements of Work, Specifications
307.105-3
Purchase Orders
313.5
Purchase Orders, Numbering of
304.7003
Ratification of Unauthorized Commitments
301.602-3
Records of Contract Actions
304.801
References and Citations to HHSAR and FAR
301.104-2(c)
Regulation System
301.101
Rejection of Bids (After Opening)
314.404
Relative Importance or Weight (Evaluation Criteria)
315.406-5(c)(4)
Representations and Certifications
315.406-5
Annual Submission
314.213; 315.471
Requests for Contract-Content, Format, Procedures
315.70
Requests for Proposals:
Review
315.470
Preparation and Contents
315.406
Requests for Quotations
313.107; 315.406
Rescinding Contracts
303.7
Research and Development Contracts
335.070
Response Time for Solicitations
315.408
Responsible Prospective Contractors
309.1
Retention of Files
FAR 4.805
Review and Approval of Proposed Contract Awards
304.71
Review and Approval of JOFOC's
306.304
Review of Requests for Contracts
315.7007
Review of Requests for Proposals
315.470
Review of Work Statements
315.7004
Revisions to HHSAR
301.206
Scheduling
307.71
Selection of Contracting Officers
301.603
Selection of Offerors
315.609
Service Contracts in General
337.1
Set-Asides for Small Business
319.5
Small Business and Small Disadvantaged Business Concerns
319
Small and Disadvantaged Business Utilization Specialist (SADBUS)
319.201-70
Small Purchases
313.1
Solicitations:
Amendment
315.410
Availability
305.102
Issuance
315.408
Information and Planning Purposes
315.405
Numbering
304.7002
Provisions
352.2
Source List
315.7005(a)(7)
Source Selection
315.6
Special Contract Clauses
352.2
Special Program Clearances and Approvals
307.105-2; 315.7005(a)(8)
Specifications, Purchase Descriptions, Statements of Work
307.105-3
Standards of Conduct
303.101-3
Statements of Work, Specifications, Purchase Descriptions
307.105-3
Subcontracting with Small and Disadvantaged Businesses
319.7
Subcontractor Kickbacks
303.502
Synopsizing, Exceptions to
305.202
System, Departmental Contract Information (DCIS)
304.601
Systems (ADP) Security
339.7002
Technical Evaluation Panel
315.608-71
Technical Evaluation Plan
315.608-70
Technical Evaluation Report
315.608-76
Technical Proposal Instructions
315.406-5(b)(2)
Training, Processing Requests for
317.7102
Treatment of Data in Contract Proposals
315.413
Term or Level of Effort Work Statement
307.105-3
Time-and-Materials Contract
316.601
Unauthorized Commitments, Ratification of
301.602-3
Unauthorized Types of Agreements
316.770
Unsolicited Proposals
315.5
Voiding Contracts
303.704
Walsh-Healey Act
322.6
Weight, Relative Importance (Evaluation Criteria)
315.406-5(c)(4)
Withdrawing or Modifying Small Business Set-Aside
319.506
Withholding of Payments
342.7003
Year-end Acquisitions
307.71
48 CFR 370.205 -- 48 CFR Ch. 3 (10-1-92 Edition)
48 CFR 370.205 -- Appendix A -- Public Health Services
48 CFR 370.205 -- APPENDIX A -- PUBLIC HEALTH SERVICE
48 CFR 370.205 -- (Parts PHS 300 to PHS 399)
48 CFR 370.205 -- SUBCHAPTER A -- GENERAL
PHS Part
Page
301 PHS Acquisition Regulation System
302 Definitions of words and terms
304 Administrative matters
48 CFR 370.205 --
48 CFR 370.205 -- SUBCHAPTER B -- ACQUISITION PLANNING
305 Publicizing contract actions
306 Competition requirements
48 CFR 370.205 --
48 CFR 370.205 -- SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
314 Formal advertising
315 Contracting by negotiation
48 CFR 370.205 --
48 CFR 370.205 -- SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
323 Environment, conservation, and occupational safety
48 CFR 370.205 --
48 CFR 370.205 -- SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
333 Protests, disputes, and appeals
48 CFR 370.205 --
48 CFR 370.205 -- SUBHCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
335 Research and development contracting
336 Construction and architect-engineer contracts
48 CFR 370.205 --
48 CFR 370.205 -- SUBCHAPTER H -- CLAUSES AND FORMS
352 Solicitation provisions and contract clauses
48 CFR 370.205 --
48 CFR 370.205 -- SUBCHAPTER T -- PHS SUPPLEMENTATIONS
380 Special program requirements affecting PHS acquisitions
48 CFR 370.205 --
48 CFR 370.205 -- 48 CFR Ch. 3 (10-1-92 Edition)
48 CFR 370.205 -- Appendix A -- Public Health Service
48 CFR 370.205 -- SUBCHAPTER A -- GENERAL
48 CFR 370.205 -- PART PHS 301 -- PHS ACQUISITION REGULATION SYSTEM
48 CFR 370.205 -- Subpart PHS 301.1 -- Purpose, Authority, Issuance
Sec.
PHS 301.101 Purpose.
PHS 301.102 Authority.
PHS 301.103 Applicability.
PHS 301.104 Issuance.
PHS 301.104-1 Publication and code arrangement.
PHS 301.104-2 Arrangement of regulations.
PHS 301.104-3 Copies.
PHS 301.105 OMB approval under the Paperwork Reduction Act.
48 CFR 370.205 -- Subpart PHS 301.2 -- Administration
PHS 301.201 Maintenance of the PHSAR.
PHS 301.270 Procurement Management Advisory Committee.
PHS 301.271 Timing of PHSAR revisions.
48 CFR 370.205 -- Subpart PHS 301.4 -- Deviations From the FAR
PHS 301.470 Procedure.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 36237, Sept. 14, 1984, unless otherwise noted.
48 CFR 370.205 -- Subpart PHS 301.1 -- Purpose, Authority, Issuance
48 CFR PHS 301.101 Purpose.
(a) The Public Health Service Acquisition Regulation (PHSAR) is
issued to establish uniform acquisition policies and procedures
throughout PHS which are necessary to implement or supplement the
Department of Health and Human Services Acquisition Regulation (HHSAR).
(b) PHS issuances do not reiterate material published in the HHSAR or
the Federal Acquisition Regulation (FAR).
(c) The PHSAR implements and supplements the HHSAR. Implementing
material expands upon or indicates the manner of compliance with the
related HHSAR. Supplementing material is new material which has no
counterpart in the HHSAR. The omission of sections or subsections in
PHSAR means no further explanation or qualification is necessary for
implementation within PHS. Therefore, in order to obtain comprehensive
coverage and assure consideration of all acquisition policies and
procedures pertinent to PHS, the FAR, HHSAR, and PHSAR should be read.
48 CFR PHS 301.102 Authority.
(a) The HHSAR authorizes supplementation or implementation of the FAR
and HHSAR in accordance with prescribed procedures (see 301.301) in
order to publish essential acquisition instructions, policies, and
procedures that do not conflict with, supersede or duplicate that
prescribed by the FAR and the HHSAR.
48 CFR PHS 301.103 Applicability.
The FAR, HHSAR and PHSAR issuances apply to all acquisitions made by
PHS procuring activities as defined in FAR 1.103.
48 CFR PHS 301.104 Issuance.
48 CFR PHS 301.104-1 Publication and code arrangement.
(a) The PHSAR is published in the same forms as indicated in FAR
1.104-1(a).
(b) PHS issuances will be published on yellow pages in looseleaf form
for insertion into the HHSAR.
48 CFR PHS 301.104-2 Arrangement of regulations.
(a) General. The PHSAR conforms to the FAR and HHSAR with respect to
divisional arrangements; i.e., subchapters, parts, subparts, sections,
subsections, and paragraphs.
(c) References and citations.
(2) This regulation shall be referred to as the Public Health Service
Acquisition Regulation (PHSAR), Appendix A to the Department of Health
and Human Services Acquisition Regulation. Any reference shall be cited
as ''PHS'' followed by the appropriate number.
(3) Citations of authority shall be incorporated where necessary.
All FAR reference numbers shall be preceded by ''FAR.'' References to
the HHSAR shall state only the number without the prefix ''HHSAR.''
48 CFR PHS 301.104-3 Copies.
Copies of the PHSAR in Federal Register form may be purchased by the
public from the Superintendent of Documents, Government Printing Office
(GPO), Washington, DC 20402. Looseleaf copies of the PHSAR may be
obtained by departmental personnel having a need for the document by
placing an order with a Directives Distribution Coordinator in
accordance with General Administration Manual Chapter 1-00, Exhibit G,
HHS Staff Manual System.
48 CFR PHS 301.105 OMB approval under the Paperwork Reduction Act.
The following OMB control numbers apply to the information collection
and recordkeeping requirements contained in this regulation:
(49 FR 36237, Sept. 14, 1984, as amended at 51 FR 20486, June 5,
1986)
48 CFR PHS 301105 Subpart PHS 301.2 -- Administration
48 CFR PHS 301.201 Maintenance of PHSAR.
The PHSAR is maintained by the Division of Grants and Contracts,
Office of Resource Management, Office of Management, PHS. The Director,
Division of Grants and Contracts is responsible for developing and
preparing material to be included in the PHSAR.
48 CFR PHS 301.270 Procurement management advisory committee.
(a) The Director, Division of Grants and Contracts has established
the Procurement Management Advisory Committee (PMAC) to assist and
facilitate the planning and development of acquisition policies and
procedures, and the resolving of operational problems affecting all
acquisition activities in the PHS.
(b) The PMAC consists of members and alternates from the Office of
the Assistant Secretary for Health, Alcohol, Drug Abuse, and Mental
Health Administration, Centers for Disease Control, Food and Drug
Administration, Health Resources and Services Administration, and
National Institutes of Health.
(49 FR 36237, Sept. 14, 1984, as amended at 51 FR 20486, June 5,
1986)
48 CFR PHS 301.271 Timing of PHSAR revisions.
PHSAR revisions will be issued throughout the year as the need
arises. PHS issuances shall be effective on the date cited in the
Federal Register issuance or on the date of the transmittal notice which
distributes it to PHSAR Staff Manual holders, unless otherwise directed.
48 CFR PHS 301271 Subpart PHS 301.4 -- Deviations From the FAR
48 CFR PHS 301.470 Procedure.
(a) Requests for deviations from the FAR, HHSAR or any PHSAR issuance
for implementation or supplementation shall be submitted in writing by
the PHS agency principal official responsible for acquisition to the
Director, Division of Grants and Contracts, ORM/OM/PHS for approval
and/or further processing as may be required. When it is recognized
that a deviation will be required prior to the issuance of a
solicitation, the request for deviation must be processed and approved
prior to release of the solicitation. When completion of a contract
action is contingent on approval of a deviation, the request for
deviation must be processed and approval granted by the appropriate
level, prior to contract execution. In an exigency situation, initial
verbal contact should be made with the Chief, Contracts Management
Branch, DGC/ORM/OM/PHS or his/her designee. Only deviations to the
PHSAR may be granted by the Director, Division of Grants and Contracts.
(b) Each request for deviation shall provide sufficient information
to permit PHS compliance with the HHSAR. Generally, such requests shall
contain the following in addition to the information required by
301.470(b):
(1) The name of the contractor and contract number, or the name of
the proposed contractor and the solicitation number.
(2) A statement indicating whether or not the deviation had been
previously requested. If so, outline the circumstances involved and the
disposition of that request.
(49 FR 36237, Sept. 14, 1984, as amended at 51 FR 20486, June 5,
1986)
48 CFR PHS 301470 PART PHS 302 -- DEFINITIONS OF WORDS AND TERMS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR PHS 301470 Subpart PHS 302.1 -- Definitions
48 CFR PHS 302.170 Definitions of terms.
The following terms, when utilized in PHS supplementing or
implementing issuances to the HHSAR, have the meanings set forth below.
PHS agencies identifies collectively that group of organizational
entities within the PHS which have assigned major health functions as
currently shown in the PHS Organization Handbook. The PHS agencies are
as follows:
Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA)
Centers for Disease Control (CDC)
Food and Drug Administration (FDA)
Health Resources and Services Administration (HRSA)
National Institutes of Health (NIH)
PHS agency heads identifies collectively those individuals who are
given the responsibility and authority to manage and direct the efforts
of the PHS agencies. These are the Administrators of ADAMHA and HRSA,
Commissioner of FDA, and Directors of NIH and CDC.
PHS contracting activities identifies collectively those
organizational elements of the PHS staff offices and the PHS agencies
which have functional responsibility to contract for the acquisition of
personal property and nonpersonal services.
(49 FR 36238, Sept. 14, 1984)
48 CFR PHS 302170 PART PHS 304 -- ADMINISTRATIVE MATTERS
48 CFR PHS 302170 Subpart PHS 304.1 -- Contract Execution
Sec.
PHS 304.170 Ratification of unauthorized contract awards.
48 CFR PHS 302170 Subpart PHS 304.6 -- Contract Reporting
PHS 304.670 PHS Contract Information System.
PHS 304.670-1 Policy.
PHS 304.670-2 PHS agency implementation.
48 CFR PHS 302170 Subpart PHS 304.71 -- Review and Approval of Proposed
Contract Awards
PHS 304.7101 Contracts requiring review and approval.
PHS 304.7102 Conduct of the review.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Source: 49 FR 36238, Sept. 14, 1984, unless otherwise noted.
48 CFR PHS 302170 Subpart PHS 304.1 -- Contract Execution
48 CFR PHS 304.170 Ratification of unauthorized contract awards.
(c)(2) Where ratification of an unauthorized contract action within a
PHS agency is requested, the contracting officer shall forward the file
through acquisition channels to an official at an organizational level
above the contracting officer. He/she in turn shall analyze and
evaluate the contracting officer's submission and make appropriate
recommendations regarding ratification to the head of the contracting
activity.
The Administrative Services Center (ASC), Office of Management (OM),
will submit its requests for ratification to the Director, OM through
the Division of Grants and Contracts (DGC), Office of Resource
Management, OM/PHS.
(c)(4)(i) PHS agencies, and ASC, OM/PHS, shall submit a report of
ratification data as specified in 304.170. PHS agencies with several
contracting offices will be required to collect the required information
from these activities and submit a consolidated agency report.
(ii) These reports shall be submitted to DGC/ORM/OM/PHS within 20
days following the expiration of the reporting period. A consolidated
PHS report will be prepared for submission to the Deputy Assistant
Secretary for Procurement, Assistance, and Logistics as specified in
304.170.
48 CFR PHS 304170 Subpart PHS 304.6 -- Contract Reporting
48 CFR PHS 304.670 PHS Contract Information System (PHSCIS).
The PHS Contract Information System consolidates all PHS contract
data for the Department-wide Contract Information System (DCIS) from the
PHS contracting activities.
48 CFR PHS 304.670-1 Policy
The PHS principal officials responsible for acquisition (PORA) are
responsible for ensuring that all required information is collected,
submitted, and received into the PHSCIS in accordance with the central
PHSCIS User Manual.
(49 FR 36238, Sept. 14, 1984, as amended at 51 FR 20486, June 5,
1986)
48 CFR PHS 304.670-2 PHS agency implementation.
It is the responsibility of the PORAs to develop and implement
appropriate procedures within their activities to ensure that data
submissions to the PHSCIS are timely, error free, and contain all the
required information.
48 CFR PHS 304670-2 Subpart PHS 304.71 -- Review and Approval of Proposed Contract Awards
48 CFR PHS 304.7101 Contracts requiring review and approval.
(b)(2)(i) In addition to the reviews required by 304.7101(a) and PHS
304.7101(c), internal reviews are to be conducted of acquisitions made
by the following contracting offices in the National Institutes of
Health for contract awards that fall below the dollar threshold for
review and approval set forth in PHS 304.7101(c) but exceed the dollar
threshold set forth herein:
National Cancer Institute -- $750,000
National Heart, Lung, and Blood Institute -- $500,000
National Institute of Environmental Health Sciences -- $250,000
National Institute of Allergy and Infectious Diseases -- $250,000
National Institute of Child Health and Human Development -- $250,000
Centralized procuring activity for all other National Institutes of
Health Research Organizations (Research Contracts Branch) -- $250,000
These internal reviews shall be conducted by senior personnel with
each contracting office. Typically, the chief of contracting office or
his/her deputy should be involved in the review. Personnel involved in
the contract action shall not perform the review. Each review shall be
documented in writing, and any substantive issues identified shall be
resolved prior to award.
(ii) Furthermore, to assure that an adequate review of smaller dollar
acquisitions is made prior to award, a statistically significant sample
of contract actions of dollar values, less than those amounts referenced
in this section is required to be approved prior to award. This review
and approval will be by the designated Reviewing Official listed in
paragraph (c) (but see PHS 304.7102(a)). Records of such review actions
will be maintained and will include documentation of the resolution of
any significant issue raised by the review.
(iii) Contract awards and modifications of proposed
architect-engineer contracts expected to exceed $50,000 shall be
reviewed and approved prior to award by the reviewing official
designated in PHS 304.7101(c).
(c) Reviewing officials. For PHS agency contract awards expected to
exceed the dollar amounts stated in this paragraph, the reviewing
official indicated will personally approve the award. Other than these
specified requirements for the designated reviewing official, PHS
agencies may assign other review and approval responsibilities at their
discretion. The following officials shall be responsible for preaward
contract review and approval of all proposed contracts and modifications
which are expected to exceed the dollar limits expressed below:
(49 FR 36238, Sept. 14, 1984, as amended at 51 FR 20486, June 5,
1986)
48 CFR PHS 304.7102 Conduct of the review.
(a) General. The reviewing official is not required to personally
perform the review, but he or she is responsible for assuring that the
reviewer is knowledgeable in the acquisition field and has sufficient
expertise to perform a comprehensive review and to make cogent
recommendations to the reviewing official for actions exceeding the
dollar amounts stated in this subpart. The reviewing official shall
approve each proposed contract award that is reviewed.
48 CFR PHS 3047102 48 CFR Ch. 3 (10-1-92 Edition)
48 CFR PHS 3047102 Appendix A -- Public Health Service
48 CFR PHS 3047102 SUBCHAPTER B -- ACQUISITION PLANNING
48 CFR PHS 3047102 PART PHS 305 -- PUBLICIZING CONTRACT ACTIONS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR PHS 3047102 Subpart PHS 305.2 -- Synopses of Proposed Contract Actions
48 CFR PHS 305.202 Exceptions.
(b) A determination and finding has been executed by the Acting
Assistant Secretary for Health after concurrence by the Administrator of
the Office of Federal Procurement Policy and the Administrator of the
Small Business Administration, which exempts for the period September
30, 1985 through September 29, 1988, certain acquisitions with the
National Academy of Sciences (NAS) from the synopsis requirements set
forth in FAR 5.201. This exemption is applicable only to acquisitions
where NAS is the only source which can provide the measure of expertise,
independence, objectivity, and audience acceptance necessary to meet the
program requirements. To ensure that this exemption will be used only
when appropriate, the agency competition advocate shall certify, prior
to award, each acquisition with NAS which is not synopsized regardless
of the dollar value. The certification must state that only NAS can
provide the measure of expertise, independence, objectivity, and
audience acceptance necessary to meet the program needs.
(51 FR 20487, June 5, 1986)
48 CFR PHS 305202 PART PHS 306 -- COMPETITION REQUIREMENTS
48 CFR PHS 305202 Subpart PHS 306.3 -- Other Than Full and Open
Competition
Sec.
PHS 306.304 Approval of the justification.
48 CFR PHS 305202 Subpart PHS 306.5 -- Competition Advocates
PHS 306.502 Duties and responsibilities.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 51 FR 20487, June 5, 1986, unless otherwise noted.
48 CFR PHS 305202 Subpart PHS 306.3 -- Other Than Full and Open Competition
48 CFR PHS 306.304 Approval of the justification.
(a)(3) The Deputy Assistant Secretary for Health, Operations, PHS, is
designated as the approving official referenced in FAR 6.304(a)(3) and
306.304(a)(3).
48 CFR PHS 306304 Subpart PHS 306.5 -- Competition Advocates
48 CFR PHS 306.502 Duties and responsibilities
(b) The competition advocates for the PHS activities shall coordinate
their efforts with the PHS competition advocate, the Deputy Assistant
Secretary for Health Operations.
48 CFR PHS 306502 48 CFR Ch. 3 (10-1-92 Edition)
48 CFR PHS 306502 Appendix A -- Public Health Service
48 CFR PHS 306502 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR PHS 306502 PART PHS 314 -- FORMAL ADVERTISING
48 CFR PHS 306502 Subpart PHS 314.4 -- Opening of Bids and Award of
Contract
Sec.
PHS 314.406-3 Other mistakes disclosed before award.
PHS 314.406-4 Mistakes after award.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR PHS 306502 Subpart PHS 314.4 -- Opening of Bids and Award of Contract
48 CFR PHS 314.406-3 Other mistakes disclosed before award.
(g)(3) In addition to the requirement in 314.406-3(g)(3), a copy of
the data required by FAR 14.406-3(g)(3) shall be sent to the Office of
General Counsel, Business and Administrative Law Division, Parklawn
Building, Room 17A-32, 5600 Fishers Lane, Rockville, MD 20857. An
information copy of the contracting officer's written statement of facts
and circumstances shall be provided to the Contracts Management Branch,
DGC/ORM/OM/PHS.
(51 FR 20488, June 5, 1986)
48 CFR PHS 314.406-4 Mistakes after award.
(e)(2) The data shall be submitted as prescribed in PHS
314.406-3(g)(3).
(51 FR 20488, June 5, 1986)
48 CFR PHS 314406-4 PART PHS 315 -- CONTRACTING BY NEGOTIATION
48 CFR PHS 314406-4 Subpart PHS 315.4 -- Solicitation and Receipt of
Proposals and Quotations
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR PHS 315.412 Late proposals and modifications.
(c)(1) When the principal official responsible for acquisition
determines that certain classes of biomedical or behavioral research and
development acquisitions should be subject to conditions other than
those specified in FAR 52.215-10, Late Submissions, Modifications and
Withdrawals of Proposals, he/she may authorize the use of the provision
in PHS 352.215-10 in addition to the provision at FAR 52.215-10.
(2) When the provision in PHS 352.215-10 is included in the
solicitation and a proposal is received after the exact time specified
for receipt, the contracting officer, with the assistance of cost and
technical personnel, shall make a written determination as to whether
the proposal meets the requirements of the provision at PHS 352.215-10
and, therefore, can be considered.
(51 FR 43357, Dec. 2, 1986; 51 FR 45229, Dec. 17, 1987, as amended
at 52 FR 44397, Nov. 19, 1987)
48 CFR PHS 315412 48 CFR Ch. 3 (10-1-92 Edition)
48 CFR PHS 315412 Appendix A -- Public Health Service
48 CFR PHS 315412 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR PHS 315412 PART PHS 323 -- ENVIRONMENT, CONSERVATION, AND OCCUPATIONAL SAFETY
48 CFR PHS 315412 Subpart PHS 323.70 -- Safety and Health
Sec.
PHS 323.7000 Scope of subpart.
PHS 323.7001 General.
PHS 323.7002 Policy.
PHS 323.7003 Actions required.
PHS 323.7004 Contract clause.
PHS 323.7005 Solicitation notice -- construction.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 51 FR 20488, June 5, 1986, unless otherwise noted.
48 CFR PHS 315412 Subpart PHS 323.70 -- Safety and Health
48 CFR PHS 323.7000 Scope of subpart.
This subpart prescribes the use of a safety and health clause in
contracts involving hazardous material or operations, and procedures for
developing and administering safety and health provisions.
48 CFR PHS 323.7001 General.
Various statutes and regulations (e.g., Walsh-Healey Act; Service
Contract Act) require adherence to minimum safety and health standards
by contractors engaged in potentially hazardous work. Positive action
to reduce accidents and conditions hazardous to health under all
contracts is in the Government's interest since the cost of such
accident and health hazards is borne by the Government through higher
prices and sometimes by direct indemnification of contractors against
liability claims.
48 CFR PHS 323.7002 Policy.
(a) The guidance contained in FAR Subpart 23.3 shall be used for
hazardous material as the primary reference. When that guidance is
judged insufficient or does not meet the safety and health situation in
the instant acquisition, this subpart shall be followed.
(b) Whenever the performance of a contract will require use of
hazardous materials or operations, the contracting activity shall
require the prime contractor and subcontractors to:
(1) Provide protection for the life and health of PHS employees,
contractor employees, other persons involved with work on PHS programs
and projects, and the public;
(2) Avoid accidental work interruptions which could delay progress of
PHS programs and project;
(3) Maintain controls for the prevention of damage and loss to
property; and
(4) Accumulate and provide data necessary for analysis of risk and
loss factors relating to PHS programs and projects.
48 CFR PHS 323.7003 Actions required.
(a) Contracting activities. Contracting activities shall use the
clause set forth in PHS 352.223-70 as a guide in developing appropriate
safety and health clauses for use in prospective contracts involving the
following:
(1) Services or products;
(2) Research, development, or test projects;
(3) Transportation of hazardous materials; and
(4) Construction, including construction of facilities on the
contractor's premises.
(b) Safety officers. OPDIV safety officers shall advise and assist
initiators of acquisition requests and contracting officers in:
(1) Determining whether safety and health provisions should be
included in a prospective contract;
(2) Selecting or developing safety and health clause provisions for
incorporation in a prospective contract;
(3) Evaluating a prospective contractor's safety and health programs;
and
(4) Conducting post-award review and surveillance to the extent
deemed necessary.
(c) Initiators. Initiators of acquisition requests for items
described in paragraph (a) of this section shall:
(1) During the preparation of a request for contract, and in the RFP
or IFB:
(i) Ensure that hazardous materials and operations to be utilized in
the performance of the contract are clearly identified; and
(ii) Coordinate with the appropriate safety officer to ensure that
all hazardous materials and operations are evaluated and that adequate
safety requirements are established in the RFP or IFB.
(2) During the period of performance:
(i) Apprise the contracting officer of any noncompliance with safety
and health provisions identified in the contract; and
(ii) Cooperate with the safety officer in conducting review and
surveillance activities.
48 CFR PHS 323.7004 Contract clause.
All contracts which require the use of hazardous materials or
operations shall include a clause to provide adherence to minimum safety
and health standards. The clause set forth in PHS 352.223-70 may be
used or appropriately modified to meet the needs of the individual
contract.
48 CFR PHS 323.7005 Solicitation notice -- construction.
The contracting officer shall include the clause in PHS 352.223-71 in
all solicitations and resultant contracts for construction and
construction services.
48 CFR PHS 3237005 48 CFR Ch. 3 (10-1-92 Edition)
48 CFR PHS 3237005 Appendix A -- Public Health Service
48 CFR PHS 3237005 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR PHS 3237005 PART PHS 333 -- PROTESTS, DISPUTES, AND APPEALS
48 CFR PHS 3237005 Subpart PHS 333.1 -- Protests
Sec.
PHS 333.102 General.
PHS 333.104 Protests to GAO.
PHS 333.105 Protests to GSBCA.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 51 FR 20488, June 5, 1986, unless otherwise noted.
48 CFR PHS 3237005 Subpart PHS 333.1 -- Protests
48 CFR PHS 333.102 General.
The Division of Grants and Contracts (DGC), ORM/OM/PHS, will
participate directly in the resolution of protests against PHS agencies
when the Office of the Secretary, HHS, requests DGC involvement, or when
DGC considers a protest action to be sensitive or controversial, or
otherwise has an interest in the protest. In cases where DGC will
participate, the cognizant PHS contracting office shall be notified. In
those instances, all file materials and written statements normally
forwarded directly to the Departmental Protest Control Officer shall be
forwarded to DGC, ORM/OM/PHS.
48 CFR PHS 333.104 Protests to GAO.
(a) General. (2) A copy of the protest files shall be sent to the
Office of General Counsel, Business and Administrative Law Division
(OGC-BAL), Parklawn Building, Room 17A-32, 5600 Fishers Lane, Rockville,
MD 20857. In addition, an information copy of the contracting officer's
statement of facts required by 333.104(a)(2)(i) shall be sent to the
Contracts Management Branch, DGC/ORM/OM/PHS.
(b) Protests before award. (1) The head of the contracting activity
authority to approve the written finding required by FAR 33.104(b)(1) to
authorize a contract award while a protest is pending, may be delegated
to an organizational level no lower than the Executive Officer of each
PHS Agency.
(4) The data shall be submitted as prescribed in PHS 333.104(a)(2).
(c) Protests after award. (1) The data shall be submitted as
prescribed in PHS 333.104(a)(2).
(2) The head of the contracting activity authority to authorize
contract performance notwithstanding a protest as set forth in FAR
33.104(c)(2), may be delegated to an organizational level no lower than
the Executive Officer of each PHS Agency.
48 CFR PHS 333.105 Protests to GSBCA.
(b) The copy of the protest file to be sent to OGC-BAL shall be sent
to OGC-BAL, Parklawn Building, Room 17A-32, 5600 Fishers Lane,
Rockville, MD 20857. In addition, an information copy of the
contracting officer's statement of facts required by 333.105(b)(1) shall
be sent to the Contracts Management Branch, DGC/ORM/OM/PHS.
48 CFR PHS 333105 48 CFR Ch. 3 (10-1-92 Edition)
48 CFR PHS 333105 Appendix A -- Public Health Service
48 CFR PHS 333105 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
48 CFR PHS 333105 PART PHS 335 -- RESEARCH AND DEVELOPMENT CONTRACTING
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR PHS 335.080 Special determinations and findings affecting
research and development contracting.
The Assistant Secretary for Health shall sign individual and class
determinations and findings for:
(a) Acquisition or construction of equipment or facilities on
property not owned by the United States pursuant to 42 U.S.C.
241(a)(7); and
(b) Use of an indemnification provision in a research contract
pursuant to 42 U.S.C. 241(a)(7).
(51 FR 20489, June 5, 1986)
48 CFR PHS 335080 PART PHS 336 -- CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
48 CFR PHS 335080 Subpart PHS 336.6 -- Architect-Engineer Services
Sec.
PHS 336.680 Program of Requirements approval.
PHS 336.681 Funding.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 51 FR 20489, June 5, 1986, unless otherwise noted.
48 CFR PHS 335080 Subpart PHS 336.6 -- Architect-Engineer Services
48 CFR PHS 336.680 Program of Requirements approval.
The programmatic and technical requirements for PHS design projects
are established in a special document known as a Program of Requirements
(POR). In the case of design projects involving the construction of new
space, including new facilities, replacement facilities, and building
additions, the contracting officer shall ensure that the Office of the
Assistant Secretary for Health has approved, or waived approval of, a
POR prior to the issuance of the synopsis or solicitation for
architectural/engineering services.
48 CFR PHS 336.681 Funding.
(a) The contracting officer shall ensure that the agency financial
management officer has identified and certified that design funds have
been appropriated and apportioned prior to the release of a synopsis or
solicitation for architect-engineer services for the types of
acquisitions specified in PHS 336.680. New facilities, replacement
facilities, and building additions must only be acquired with funds
appropriated for that specific project as evidenced by either (1)
specific language in an appropriations act, or (2) Congressional
appropriations intent as reflected in appropriations committee reports
or Congressional budget justification.
(b) In the case of ADAMHA, FDA, HRSA, and NIH, the referenced agency
financial management officer is the Director of the agency's Division of
Financial Management. In the case of CDC, this official is the Director
of the Financial Management Office. Subject to HRSA concurrence,
funding for projects of the Indian Health Service/HRSA may be certified
by the designated financial management officer within the IHS Office of
Administration.
(c) The funding source certification shall include identification of
the title, appropriation symbol, and fiscal year of the appropriation
plus any relevant project or activity description in the appropriation
act or reports.
(d) In an unusual circumstance where time is critical, a synopsis or
solicitation for architect-engineer services may be issued after the POR
has been approved if the agency financial management officer certifies
that appropriation and apportionment of proper funds as set forth in
paragraph (a) above are expected within 60 days. In such cases, the
synopsis or solicitation must specify that award is subject to the
availability of funds. In these circumstances the contracting officer
shall ensure that contract award is not made until the agency financial
management officer has certified in writing that proper funds have been
appropriated and apportioned. Other exceptions to the funding
requirements set forth in paragraph (a) above, must be specifically
approved in writing by the Office of the Assistant Secretary for Health
prior to the release of a synopsis or solicitation for
architect-engineer services for new facilities, replacement facilities,
and building additions.
48 CFR PHS 336681 SUBCHAPTER H -- CLAUSES AND FORMS
48 CFR PHS 336681 PART PHS 352 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
48 CFR PHS 336681 Subpart PHS 352.2 -- Texts of Provisions and Clauses
Sec.
PHS 352.215-10 Late proposals, modifications of proposals, and
withdrawals of proposals.
PHS 352.223-70 Safety and health.
PHS 352.223-71 Safety and health -- construction.
PHS 352.232-70 Additional payment provision.
PHS 352.280-1 Protection of human subjects.
PHS 352.280-2 Care of laboratory animals.
PHS 352.280-3 Maximum allowable cost for drugs.
PHS 352.280-4 Contracts awarded under the Indian Self-Determination
Act.
PHS 352.280-6 Demurrage charge provisions for reusable cylinders and
containers.
48 CFR PHS 336681 Subpart PHS 352.3 -- Provision and Clause Matrices
PHS 352.380-4 Contract clauses for contracts awarded under the Indian
Self-Determination Act.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 36242, Sept. 14, 1984, unless otherwise noted.
48 CFR PHS 336681 Subpart 352.2 -- Texts of Provisions and Clauses
48 CFR PHS 352.215-10 Late proposals, modifications of proposals, and
withdrawals of proposals.
As prescribed in PHS 315.412, the following provision may be included
in the solicitation when authorized by the principal official
responsible for acquisition.
Notwithstanding the procedures contained in the provision of this
solicitation entitled Late Submissions, Modifications, and Withdrawals
of Proposals, a proposal received after the date specified for receipt
may be considered if it offers significant cost or technical advantages
to the Government, and it was received before proposals were distributed
for evaluation, or within five calendar days after the exact time
specified for receipt, whichever is earlier.
(51 FR 43357, Dec. 2, 1986; 51 FR 45229, Dec. 17, 1987, and 52 FR
44357, Nov. 19, 1987)
48 CFR PHS 352.223-70 Safety and health.
The following clause is covered by the policy set forth in Subpart
PHS 323.70 and is to be used in accordance with the instructions set
forth in PHS 323.7002 and PHS 323.7003.
(a) In order to provide safety controls for protection to the life
and health of employees and other persons; for prevention of damage to
all property; and for avoidance of work interruptions in the
performance of the contract; the Contractor will comply with the
following standards: (Insert codes, standards, and criteria (including
any applicable State and local requirements) prescribed by the Safety
Officer.)
Further, the Contractor shall take or cause to be taken such
additional safety measures as the Contracting Officer may determine to
be reasonably necessary; Provided, that, if compliance with such
additonal safety measures results in a material increase in the cost or
time of performance of the contract, an equitable adjustment will be
made in accordance with the clause of this contract entitled
''Changes.''
(b) Prior to commencement of work, the Contractor will submit in
writing its plan for complying with the safety and health provisions of
this contract, and will meet with the Conracting Officer or his/her
designated representative to discuss and develop a mutual understanding
relative to administration of the overall safety program.
(c) During the performance of work under this contract, the
Contractor share comply with all procedures prescribed by the
Contracting Officer for the control and safety of persons visiting the
job site and will comply with such requirements to prevent accidents as
may be prescribed by the Contracting Officer.
(d) The Contractor will maintain an accurate record of, and report to
the Contracting Officer in such manner as the Contracting Officer may
prescribe, all accidents and incidents resulting in death, traumatic
injury, occupational disease, and/or damage to all property incident to
work performed under the contract.
(e) The Contracting Officer shall notify (if otherwise, confirm in
writing) the Contractor of any noncompliance with the provisions of this
clause and corrective action to be taken. After receipt of such notice,
the Contractor shall immediately take such corrective action. (Such
notice, when delivered to the Contractor or its representative at the
site of the work, shall be deemed sufficient for the purpose.) If the
Contractor fails or refuses to comply promptly, the Contracting Officer
may issue an order stopping all or part of the work until satisfactory
corrective action has been taken. No part of the time lost due to any
such stop order shall be the subject of claim for extension of time or
for costs or damages by the Contractor.
(f) The Contractor shall insert the substance of this clause in each
subcontract involving the use of hazardous materials or operations.
Compliance with the provisions of this clause by subcontractors will be
the responsibility of the Contractor.
(51 FR 20489, June 5, 1986)
48 CFR PHS 352.223-71 Safety and health -- construction.
The following clause shall be included in all solicitations and
resultant contracts for construction and construction services, as
required by PHS 323.7005.
Your attention is invited to the regulations issued by the Secretary
of Labor pursuant to section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 333) entitled ''Safety and Health Regulations
for Construction'' (29 CFR Part 1926). The Contractor is required to
comply with the referenced regulations to the extent that the resultant
contract involves construction.
(51 FR 20490, June 5, 1986)
48 CFR PHS 352.232-70 Additional payment provision.
The following clause shall be included in all solicitations and
resultant contracts for construction which contain the ''Payments Under
Fixed-Price Construction Contracts'' clause set forth in FAR 52.232-4:
Unless otherwise stated in this contract, there will be taken into
consideration in computing progress payments material that will be
incorporated into the structure if such material is delivered at the
site, or is delivered to the Contractor and properly stored by it in a
suitable warehouse, storage yard, or similar place either within 25
miles of the site or as otherwise approved by the Contracting Officer.
Before each payment is made, the Contractor shall furnish to the
Contracting Officer such evidence as he/she may require of the quantity
and value of such material and that it will be incorporated into the
structure. If such material is stored off the site, the Contractor
shall also furnish to the Contracting Officer, before payment, properly
executed bills of sale to the Government for the delivered material upon
which such payment is to be made.
(51 FR 20490, June 5, 1986)
48 CFR PHS 352.280-1 Protection of human subjects.
The policy and procedures to be followed whenever individuals may be
involved as subjects in research activities supported or conducted by
the Department under a contract are provided in Subpart PHS 380.1 and 45
CFR Part 46, Protection of Human Subjects.
(a) The following provisions shall be included in solicitations
expected to involve human subjects:
(a) Copies of the Department of Health and Human Services
(Department) regulations for the protection of human subjects, 45 CFR
Part 46, are available from the Office for Protection from Research
Risks (OPRR), National Institutes of Health, Bethesda, Maryland 20892.
The regulations provide a systematic means, based on established ethical
principles, to safeguard the rights and welfare of individuals who
participate as subjects in research activities supported or conducted by
the Department.
(b) The regulations define a human subject as a living individual
about whom an investigator (whether professional or student) conducting
research obtains (1) data through intervention of interaction with the
individual, or (2) identifiable private information. The regulations
extend to the use of human organs, tissue, and body fluids from
individually identifiable human subjects as well as to graphic, written,
or recorded information derived from individually identifiable human
subjects. The use of autopsy materials is governed by applicable State
and local law and is not directly regulated by 45 CFR Part 46.
(c) Activities in which the only involvement of human subjects will
be in one or more of the categories set forth in 45 CFR 46.101(b)(1-6)
are exempt from coverage.
(d) Inappropriate designations of the non-involvement of human
subjects or of exempt categories of research in a project may result in
delays in the review of a proposal. The Public Health Service will make
a final determination of whether the proposed activities are covered by
the regulations or are in an exempt category, based on the information
provided in the proposal. In doubtful cases, prior consultation with
OPRR, (telephone: 301-496-7014), is recommended.
(e) In accordance with 45 CFR Part 46, prospective Contractors being
considered for award shall be required to file with OPRR an acceptable
Assurance of Compliance with the regulations, specifying review
procedures and assigning responsibilities for the protection of human
subjects. The initial and continuing review of a research project by an
institutional review board shall assure that the rights and welfare of
the human subjects involved are adequately protected, that the risks to
the subjects are reasonable in relation to the potential benefits, if
any, to the subjects and the importance of the knowledge to be gained,
and that informed consent will be obtained by methods that are adequate
and appropriate. Prospective Contractors proposing research that
involves human subjects shall be contacted by OPRR and given detailed
instructions for establishing an institutional review board and filing
an Assurance of Compliance.
(f) It is recommended that OPRR be consulted for advice or guidance
concerning either regulatory requirements or ethical issues pertaining
to research involving human subjects.
(b) The following clause shall be included in contracts involving
human subjects:
(a) The Contractor agrees that the rights and welfare of human
subjects involved in research under this contract shall be protected in
accordance with 45 CFR Part 46 and with the Contractor's current
Assurance of Compliance on file with the Office for Protection for
Research Risks, National Institutes of Health, Public Health Service.
The Contractor further agrees to provide certification at least annually
that the institutional review board has reviewed and approved the
procedures which involve human subjects in accordance with 45 CFR Part
46 and the Assurance of Compliance.
(b) The Contractor shall bear full responsibility for the performance
of all work and services involving the use of human subjects under this
contract in a proper manner and as safely as is feasible. The parties
hereto agree that the Contractor retains the right to control and direct
the performance of all work under this contract. Nothing in this
contract shall be deemed to constitute the Contractor or any
subcontractor, agent or employee of the Contractor, or any other person,
organization, institution, or group of any kind whatsoever, as the
agency or employee of the Government. The Contractor agrees that it has
entered into this contract and will discharge its obligations, duties,
and undertakings and the work pursuant thereto, whether requiring
professional judgement or otherwise, as an independent Contractor
without imputing liability on the part of the Government for the acts of
the Contractor or its employees.
(c) If at any time during performance of this contract, the
Contracting Officer determines, in consultation with the Office for
Protection from Research Risks (OPRR), National Institutes of Health
(NIH), that the Contractor is not in compliance with any of the
requirements and/or standards stated in paragraphs (a) and (b), above,
the Contracting Officer may immediately suspend, in whole or in part,
work and further payments under this contract until the Contractor
corrects such noncompliance. Notice of the suspension may be
communicated by telephone and confirmed in writing. If the Contractor
fails to complete the corrective action within the period of time
designated in the Contracting Officer's written notice of suspension,
the Contracting Officer may, in consultation with OPRR, NIH, terminate
this contract in whole or in part, and the Contractor's name may be
removed from the list of those Contractors with approved Department of
Health and Human Services Human Subject Assurances.
(51 FR 20490, June 5, 1986, as amended at 52 FR 9300, Mar. 24, 1987)
48 CFR PHS 352.280-2 Care of laboratory animals.
The policies and procedures to be used when contracts involve live
vertebrate animals are provided in Subpart PHS 380.2, and in the PHS
Policy on Humane Care and Use of Laboratory Animals by Awardee
Institutions and accompanying implementation instructions published in a
special edition of the NIH Guide for Grants and Contracts, Vol. 14, No.
8, June 25, 1985.
(a) The following provision shall be included in solicitations
expected to involve vertebrate animals:
The PHS Policy on Humane Care and Use of Laboratory Animals by
Awardee Institutions establishes a number of requirements for research
activities involving animals. Before a PHS award may be made to an
applicant organization, the organization shall file, with the Office for
Protection from Research Risks (OPRR), National Institutes of Health
(NIH), PHS, a written Animal Welfare Assurance which commits the
organization to comply with the provisions of the PHS Policy on Humane
Care and Use of Laboratory Animals by Awardee Institutions, the Animal
Welfare Act, and the Guide for the Care and Use of Laboratory Animals
prepared by the Institute of Laboratory Animal Resources. In accordance
with the PHS Policy on Humane Care and Use of Laboratory Animals by
Awardee Institutions, applicant organizations must establish a
committee, qualified through the experience and expretise of its
members, to oversee the institution's animal program, facilities and
procedures. No PHS award involving the use of animals shall be made
unless the Animal Welfare Assurance has been approved by OPRR. Prior to
award, the contracting officer will notify Contractor(s) selected for
projects that involve live vertebrate animals that an Animal Welfare
Assurance is required. The contracting officer will request that OPRR
negotiate an acceptable Animal Welfare Assurance with those
Contractor(s). For further information, OPRR may be contacted at NIH,
Bethesda, Maryland 20892 (301-496-7041).
(b) The following clause shall be included in all contracts involving
research on vertebrate animals:
(a) Before undertaking performance of any contract involving research
on live vertebrate animals, the Contractor shall register with the
Secretary of Agriculture of the United States in accordance with 7
U.S.C. 2316 and 9 CFR 2.25-2.28. The Contractor shall furnish evidence
of such registration to the Contracting Officer.
(b) The Contractor shall acquire vertebrate animals used in research
from a dealer licensed by the Secretary of Agriculture under 7 U.S.C.
2133 and 9 CFR 2.1-2.11, or from a source that is exempt from licensing
under those sections.
(c) The Contractor agrees that the care and use of any live
vertebrate animals used or intended for use in the performance of this
contract will conform with the PHS Policy on Humane Care and Use of
Laboratory Animals by Awardee Institutions, the current Animal Welfare
Assurance, the Guide for the Care and Use of Laboratory Animals prepared
by the Institute of Laboratory Animal Resources and the pertinent laws
and regulations of the United States Department of Agriculture (see 7
U.S.C. 2131 et seq. and 9 CFR Subchapter A, Parts 1-4). In case of
conflict between standards, the more stringent standard shall be used.
(d) If at any time during performance of this contract, the
Contracting Officer determines, in consultation with the Office for
Protection from Research Risks (OPRR), National Institutes of Health
(NIH), that the Contractor is not in compliance with any of the
requirements and/or standards stated in paragraphs (a) and (c), above,
the Contracting Officer may immediately suspend, in whole or in part,
work and further payments under this contract until the Contractor
corrects such noncompliance. Notice of the suspension may be
communicated by telephone and confirmed in writing. If the Contractor
fails to complete corrective action within the period of time designated
in the Contracing Officer's written notice of suspension, the
Contracting Officer may, in consultation with OPRR, NIH, terminate this
contract in whole or in part, and the Contractor's name may be removed
from the list of those Contractors with approved Public Health Service
Animal Welfare Assurances.
Note: The Contractor may request registration of its facility and a
current listing of licensed dealers from the Regional Office of the
Animal and Plant Health Inspection Service (APHIS), USDA, for the region
in which its research facility is located. The location of the
appropriate APHIS Regional Office, as well as information concerning
this program may be obtained by contacting the Senior Staff Officer,
Animal Care Staff, USDA/APHIS, Federal Center Building, Hyattsville,
Maryland 20782.
(51 FR 20491, June 5, 1986, as amended at 52 FR 9300, Mar. 24, 1987)
48 CFR PHS 352.280-3 Maximum allowable cost for drugs.
The following clause, or one reading substantially as follows, shall
be included in all contracts subject to the provisions of the Maximum
Allowable Cost (MAC) regulation and PHS 380.305.
(a) Reimbursement for drugs provided or used under this contract
shall be in accordance with the Maximum Allowable Cost (MAC) regulation
set forth in 45 CFR Subtitle A, Part 19. In accordance with 19.3 of the
MAC regulation, the amount which is recognized for reimbursement or
payment purposes for any drug purchased under the terms of the contract
shall not exceed the lowest of:
(1) The maximum allowable cost of the drug, if any, established in
accordance with 19.5 of the MAC regulation plus a reasonable dispensing
fee;
(2) The acquisition cost of the drug plus a reasonable dispensing
fee; or
(3) The provider's usual and customary charge to the public for the
drug; Provided, That:
(i) The maximum allowable cost established for any drug shall not
apply to a brand of that drug prescribed for a patient which the
prescriber has certified in his/her own handwriting is medically
necessary for that patient; and Provided, further, That:
(ii) When compensation for drug dispensing is included in some other
amount payable to the provider by the reimbursing or payment program
agency, a separate dispensing fee will not be recognized.
(b) The Contractor agrees:
(1) To include the following solicitation notification in all
applicable solicitations issued under this contract and to ensure that
subcontractors include it in any subsequent applicable solicitation:
This acquisition is subject to the Maximum Allowable Cost (MAC)
regulation set forth in Part 19 to Subtitle A of Title 45 of the Code of
Federal Regulations.
(2) To include this clause, including this paragraph (b), in all
applicable subcontracts, regardless of tier, awarded pursuant to this
contract.
(3) To include the furnished MAC determination or acquisition cost
data in all applicable solicitations issued under this contract and in
all resultant subcontracts awarded pursuant to this contract.
48 CFR PHS 352.280-4 Contracts Awarded Under the Indian
Self-Determination Act.
(a) Insert the following clauses in cost-reimbursement contracts
awarded under the Indian Self-Determination Act as described in subpart
PHS 380.4.
As used throughout this contract, the following terms shall have the
meaning set forth below:
(a) The term ''Secretary'' means the Secretary, the Under Secretary,
or any Assistant Secretary of the Department of Health and Human
Services (HHS); and the term ''his/her duly authorized representative''
means any person, persons, or board (other than the Contracting Officer)
authorized to act for the Secretary.
(b) The term ''Contracting Officer'' means the person executing this
contract on behalf of the Government, and any other officer or employee
who is properly designated Contracting Officer; and the term includes,
except as otherwise provided in this contract, the authorized
representative of the Contracting Officer acting within the limits of
his/her authority.
(c) The term ''Project Officer'' means the person representing the
Government for the purpose of monitoring contract performance. The
Project Officer is not authorized to issue any instructions or
directions which effect any increase or decrease in the cost of this
contract or which change the period of this contract.
(d) The term ''Department'' means the Department of Health and Human
Services.
(e) Except as otherwise provided in this contract, the term
''subcontract'' includes purchase orders under this contract.
(a) Except as otherwise provided in this contract, any dispute
concerning a question of fact arising under this contract which is not
disposed of by agreement shall be decided by the Contracting Officer,
who shall reduce his/her decision to writing and mail or otherwise
furnish a copy thereof to the Contractor. The decision of the
Contracting Officer shall be final and conclusive unless within 30 days
from the date of receipt of such copy, the Contractor mails or otherwise
furnishes to the Contracting Officer a written appeal addressed to the
Secretary. The decision of the Secretary or his/her duly authorized
representative for the determination of such appeals shall be final and
conclusive unless determined by a court of competent jurisdiction to
have been fraudulent, or capricious, or arbitrary, or so grossly
erroneous as necessarily to imply bad faith, or not supported by
substantial evidence. In connection with any appeal proceeding under
this clause, the Contractor shall be afforded an opportunity to be heard
and to offer evidence in support of its appeal. Pending final decision
of a dispute hereunder, the Contractor shall proceed diligently with the
performance of the contract and in accordance with the Contracting
Officer's decision.
(b) This ''Disputes'' clause does not preclude consideration of law
questions in connection with decisions provided for in paragraph (a)
above: Provided, That nothing in this contract shall be construed as
making final the decision of any administrative official,
representative, or board on a question of law.
(a) It is estimated that the total cost to the Government for the
performance of this contract will not exceed the estimated cost set
forth in this contract and the Contractor agrees to use its best efforts
to perform all work and all obligations under this contract within such
estimated costs. If at any time the Contractor has reason to believe
that the costs which it expects to incur in the performance of this
contract in the next succeeding sixty (60) days, when added to all costs
previously incurred, will exceed seventy-five percent (75%) of the
estimated cost set forth in the contract, or, if at any time the
Contractor has reason to believe that the total cost to the Government,
for the performance of this contract, will be substantially greater or
less than the estimated cost thereof, the Contractor shall notify the
Contracting Officer in writing to that effect, giving its revised
estimate of such total cost for the performance of this contract.
(b) The Government shall not be obligated to reimburse the Contractor
for costs incurred in excess of the estimated cost set forth in the
contract and the Contractor shall not be obligated to continue
performance under the contract or to incur costs in excess of such
estimated cost unless and until the Contracting Officer shall have
notified the Contractor in writing that such estimated cost has been
increased and shall have specified in such notice a revised estimated
cost which shall thereupon constitute the estimated cost of performance
of this contract. When and to the extent that the estimated cost set
forth in this contract has been increased by the Contracting Officer in
writing, any costs incurred by the Contractor in excess of such
estimated cost prior to the increase in estimated cost shall be
allowable to the same extent as if such costs had been incurred after
such increase in estimated cost.
(a) Compensation for Contractor's performance. Payment for the
allowable cost, as herein defined and as actually incurred by the
Contractor shall constitute full and complete compensation for the
performance of the work under this contract.
(b) Allowable cost. The allowable cost of performing the work under
this contract shall be the cost actually incurred by the Contractor,
either directly incident or properly allocable to the contract, in the
performance of this contract in accordance with its terms. The
allowable cost, direct and indirect, including acceptability of cost
allocation methods, shall be determined by the Contracting Officer in
accordance with:
(1)(i) ''A Guide for Nonprofit Institutions Establishing Indirect
Cost Rates for Research Grants and Contracts with the Department of
Health and Human Services, HHS Publication OASC-5'' or (ii) ''A Guide
for Hospitals, Grants and Contracts with the Department of Health and
Human Services, HHS Publication OASC-3,'' or (iii) Subpart 1-15.7 of the
Federal Procurement Regulations (41 CFR Subpart 1-15.7) if the contract
is with a state or local government agency, or (iv) Subpart 1-15.4 of
the Federal Procurement Regulations (41 CFR Subpart 1-15.4) if the
contract is for the procurement of construction or architect-engineer
services.
(2) The terms of the contract.
(a) Notwithstanding the provisions of the clause of this contract
entitled, ''Allowable Cost,'' the allowable indirect costs shall be
obtained by applying negotiated overhead rates to bases agreed upon by
the parties, as specified below.
(b) The Contractor, as soon as possible, but not later than six (6)
months after the expiration of each of the Contractor's financial years
or such period as may mutually be agreed upon by the Government and the
Contractor, shall submit to the Contracting Officer, with a copy to the
cognizant audit agency, a proposed final overhead rate or rates for that
period based on the Contractor's cost experience during that period,
together with supporting cost data. Negotiation of final overhead rates
by the Contractor and the Contracting Officer shall be undertaken as
promptly as practicable after receipt of the Contractor's proposal.
(c) Allowability of costs and acceptability of cost allocation
methods shall be determined in accordance with the applicable cost
principles set forth in paragraph (b)(1) of Clause 4, as in effect on
the date of this contract, and the same hereby incorporated herein by
reference.
(d) The results of each negotiation shall be set forth in an
amendment to this contract, which shall specify (1) the agreed final
rate, (2) the bases to which the rates apply, and (3) the periods for
which the rates apply.
(e) Pending establishment of final overhead rates for any period, the
Contractor shall be reimbursed either at negotiated provisional rates as
provided in this contract or at billing rates acceptable to the
Contracting Officer, subject to appropriate adjustment when the final
rates for that period are established. To prevent substantial over or
under payment, the provisional or billing rates may, at the request of
either party, be revised by mutual agreement, either retroactively or
prospectively. Any such revision of negotiated provisional rates
provided in this contract shall be set forth in an amendment to this
contract.
(f) Any failure by the parties to agree on any final rate or rates
under this clause shall be considered a dispute concerning a question of
fact for decision by the Contracting Officer within the meaning of the
clause of this contract entitled ''Disputes.''
(g) Submission of proposed provisional and/or final overhead rates,
together with appropriate data in support thereof, to the Secretary or
his/her duly authorized representative, and agreements on provisional
and/or final overhead rates entered into between the Contractor and the
Secretary or his/her duly authorized representative, as evidenced by
Negotiated Overhead Rate Agreements signed by both parties, shall be
deemed to satisfy the requirements of (b), (d) and (e) above.
(a) Payment on account of allowable cost. Once each month (or at
more frequent intervals if approved by the Contracting Officer) the
Contractor may submit to the Contracting Officer, in such form and
reasonable detail as may be required, an invoice or voucher supported by
a statement of costs incurred by the Contractor in the performance of
this contract and claimed to constitute allowable costs. Promptly after
receipt of each invoice or voucher, the Government shall, subject to the
provisions of (b) below, make payment thereon as approved by the
Contracting Officer.
(b) Audit Adjustments. At any time or times prior to settlement
under this contract the Contracting Officer may have invoices or
vouchers and statements of cost audited. Each payment theretofore made
shall be subject to reduction for amounts included in the related
invoice or voucher which are found by the Contracting Officer, on the
basis of such audit, not to constitute allowable cost. Any payment may
be reduced for overpayment, or increased for underpayments on preceding
invoices or vouchers.
(c) Completion voucher. On receipt and approval of the invoice or
voucher designated by the Contractor as the ''completion invoice'' or
''Completion Voucher'' and upon compliance by the Contractor with all
the provisions of this contract (including without limitation, the
provisions relating to patents and provisions of (d) below) the
Government shall promptly pay to the Contractor any balance of allowable
cost. The completion invoice or voucher shall be submitted by the
Contractor promptly following completion of the work under this contract
but in no event later than 6 months (or such longer period as the
Contracting Officer may in his/her discretion approve in writing) from
the date of such completion.
(d) Applicable credits. The Contractor agrees that any refunds,
rebates, credits, or other amounts (including any interest thereon)
accruing to or received by the Contractor or any assignee under this
contract shall be paid by the Contractor to the Government, to the
extent that they are properly allocable to costs for which the
Contractor has been reimbursed by the Government under this contract.
Reasonable expenses incurred by the Contractor for the purpose of
securing such refunds, rebates, credits, or other amounts shall be
allowable cost hereunder when approved by the Contracting Officer.
(e) Financial settlement. Prior to final payment under this
contract, the Contractor and each assignee under this contract whose
assignment is in effect at the time of final payment under this contract
shall execute and deliver:
(1) An assignment to the Government in form and substance
satisfactory to the Contracting Officer, of refunds, rebates, credits,
or other amounts (including any interest thereon) properly allocable to
costs for which the Contractor has been reimbursed by the Government
under this contract, and
(2) A release discharging the Government, its officers, agents, and
employees from all liabilities, obligations, and claims arising out of
or under this contract, subject only to the following exceptions:
(i) Specified claims in stated amounts or in estimated amounts where
the amounts are susceptible to exact statement by the Contractor;
(ii) Claims, together with reasonable expenses incidental thereto,
based upon liabilities of the Contractor to third parties arising out of
the performance of this contract; Provided, That such claims are not
known to the Contractor on the date of the execution of the release;
And provided further, That the Contractor gives notice of such claims in
writing to the Contracting Officer not more than 6 years after the date
of the release or the date of any notice to the Contractor that the
Government is prepared to make final payment, whichever is earlier; and
(iii) Claims for reimbursement of costs (other than expenses of the
Contractor by reason of its indemnification of the Government against
patent liability), including reasonable expenses incidental thereto,
incurred by the Contractor under the provisions of this contract
relating to patents.
(a) Amount of Advance. At the request of the Contractor, and subject
to the conditions hereinafter set forth, the Government shall make an
advance payment, or advance payments from time to time, to the
Contractor. No advance payment shall be made (1) without the approval
of the office administering advance payments (hereinafter called the
''Administering Office'' and designated in paragraph (k)(4) as with all
advance payments theretofore made, shall exceed the amount stated in
paragraph (k)(1) hereof; and (3) without a properly certified invoice
or invoices.
(b) Special Bank Account. Until all advance payments made hereunder
are liquidated and the Administering Office approves in writing the
release of any funds due and payable to the Contractor, all advance
payments and all other payments under the contract shall be made by
check payable to the Contractor, and be marked for deposit only in a
Special Bank Account with the bank designated in paragraph (k)(2)
hereof. No part of the funds in the Special Bank Account shall be
mingled with other funds of the Contractor prior to withdrawal thereof
from the Special Bank Account as hereinafter provided. Except as
hereinafter provided, each withdrawal shall be made only by check of the
Contractor countersigned on behalf of the Government by the Contracting
Officer or such other person or persons as he/she may designate in
writing (hereinafter called the ''Countersigning Agent''). Until
otherwise determined by the Administering Office, countersignature on
behalf of the Government will not be required.
(c) Use of Funds. The funds in the Special Bank Account may be
withdrawn by the Contractor solely for the purposes of making payments
for items of allowable cost or to reimburse the Contractor for such
items of allowable cost, and for such other purposes as the
Administering Office may approve in writing. An interpretation required
as to the proper use of funds shall be made in writing by the
Administering Office.
(d) Return of Funds. The Contractor may at any time repay all or any
part of the funds advanced hereunder. Whenever so requested in writing
by the Administering Office, the Contractor shall repay to the
Government such part of the unliquidated balance of advance payments as
shall in the opinion of the Administering Office be in excess of current
requirements, or (when added to total advance previously made and
liquidated) in excess of the amount specified in paragraph (k)(1)
hereof. In the event the Contractor fails to repay such part of the
unliquidated balance of advance payments when so requested by the
Administering Office, all or any part thereof may be withdrawn from the
Special Bank Account by checks payable to the Treasurer of the United
States signed solely by the Countersigning Agent and applied in
reduction of advance payments then outstanding hereunder.
(e) Liquidation. If not otherwise liquidated, the advance payments
made hereunder shall be liquidated as herein provided. When the sum of
all payments under this contract, other than advance payments, plus the
unliquidated amount of advance payments are equal to the total estimated
cost for the work under this contract or such lesser amount to which the
total estimated cost under this contract may have been reduced, plus
increases, if any, in this total estimated cost not exceeding, in the
aggregate (including, without limitation, reimbursable costs incident to
termination for cause and retrocession as estimated by the Contracting
Officer), the Government shall thereafter withhold further payments to
the Contractor and apply the amounts withheld against the Contractor's
obligation to repay such advance payments until such advance payments
shall have been fully liquidated. If upon completion, termination, or
retrocession of the contract all advance payments have not been fully
liquidated, the balances therefor shall be deducted from any sums
otherwise due or which may become due to the Contractor from the
Government, and any deficiency shall be paid by the Contractor to the
Government upon demand.
(f) Bank Agreement. Before an advance payment is made hereunder, the
Contractor shall transmit to the Administering Office, in the form
prescribed by such office, an Agreement in triplicate from the bank in
which the Special Bank Account is established, clearly setting forth the
special character of the account and the responsibilities of the bank
thereunder. Wherever possible, such bank shall be a member bank of the
Federal Reserve System, or an ''insured'' bank within the meaning of the
Act creating the Federal Deposit Insurance Corporation Act of August 23,
1935, 49 Stat. 685, as amended (12 U.S.C. 264).
(g) Lien on Special Bank Account. The Government shall have a lien
upon any balance in the Special Bank Account paramount to all other
liens, which lien shall secure the repayment of any advance payments
made hereunder.
(h) Lien on Property Under Contract. Any and all advance payments
made under this contract shall be secured, when made, by a lien in favor
of the Government, paramount to all other liens, upon the supplies or
other things covered by this contract and on all material and other
property acquired for or allocated to the performance of this contract,
except to the extent that the Government by virtue of any other
provision of this contract, or otherwise, shall have valid title to such
supplies, materials, or other property as against other creditors of the
Contractor. The Contractor shall identify, by marking or segregation,
all property which is subject to a lien in favor of the Government by
virtue of any provision of this contract in such a way as to indicate
that it is subject to such lien and that it has been acquired for or
allocated to the performance of this contract. If for any reason such
supplies, materials, or other property are not identified by marking or
segregation, the Government shall be deemed to have a lien to the extent
of the Government's interest under this contract on any mass of property
with which such supplies, materials, or other property are commingled.
The Contractor shall maintain adequate accounting control over such
property on its books and records. If at any time during the progress
of the work on the contract it becomes necessary to deliver any item or
items and materials upon which the Government has a lien as aforesaid to
a third person, the Contractor shall notify such third person of the
lien herein provided and shall obtain from such third person a receipt,
in duplicate, acknowledging, inter alia, the existence of such lien. A
copy of each receipt shall be delivered by the Contractor to the
Contracting Officer. If this contract is terminated in whole or in part
and the Contractor is authorized to sell or retain termination inventory
acquired for or allocated to this contract, such sale or retention shall
be made only if approved by the Contracting Officer, which approval
shall constitute a release to the Government's lien hereunder to the
extent that such termination inventory is sold or retained, and to the
extent that the proceeds of the sale, or the credit allowed for such
retention on the Contractor's termination claim, is applied in reduction
of advance payments then outstanding hereunder.
(i) Insurance. The Contractor represents and warrants that it is now
maintaining with responsible insurance carriers, (1) insurance upon its
own plant and equipment against fire and other hazards to the extent
that like properties are usually insured by others operating plants and
properties of similar character in the same general locality; (2)
adequate insurance against liability on account of damage to persons or
property; and (3) adequate insurance under all applicable workmen's
compensation laws. The Contractor agrees that, until work under this
contract has been completed and all advance payments made hereunder have
been liquidated, it will (i) maintain such insurance; (ii) maintain
adequate insurance upon any materials, parts, assembles, subassemblies,
supplies, equipment and other property acquired for or allocable to this
contract and subject to the Government lien hereunder; and (iii)
furnish such certificates with respect to its insurance as the
Administering Office may from time to time require.
(j) Prohibition Against Assignment. Notwithstanding any other
provision of this contract, the Contractor shall not transfer, pledge,
or otherwise assign this contract, or any interest therein, or any claim
arising thereunder, to any party or parties, bank, trust company, or
other financing institution.
(k) Designations and Determinations. (1) Amount. The amount of
advance payments at any time outstanding hereunder shall not exceed $
-------- .
(2) Depository. The bank designated for the deposit of payments made
hereunder shall be:
(3) Interest Charge. No interest shall be charged for advance
payments made hereunder. The Contractor shall charge interest at the
rate of 6 percent per annum on subadvances or down payments to
subcontractors, and such interest will be credited to the account of the
Government. However, interest need not be charged on subadvances on
nonprofit subcontracts with nonprofit educational or research
institutions for experimental, research or development work.
(4) Administering Office. The office administering advance payments
shall be the office designated as having responsibility for awarding the
contract.
(l) Other Security. The terms of this contract shall be considered
adequate security for advance payments hereunder, except that if at any
time the administering office deems the security furnished by the
Contractor to be inadequate, the Contractor shall furnish such
additional security as may be satisfactory to the administering office,
to the extent that such additional security is available.
(a) This clause is applicable if the amount of this contract exceeds
$2,500 and was entered into by means of negotiation including small
business restricted advertising, but is not applicable if this contract
was entered into by means of formal advertising.
(b) The Contractor agrees that the Comptroller General of the United
States and the Secretary, or any of their duly authorized
representatives, shall until expiration of 3 years after final payment
under this contract or of the time period for the particular records in
Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20)
whichever expires earlier, have access to and the right to examine any
directly pertinent books, documents, papers, and records of the
Contractor involving transactions related to this contract.
(c) The Contractor further agrees to include in all its subcontracts
hereunder a provision to the effect that the subcontractor agrees that
the Comptroller General of the United States, or his/her duly authorized
representatives shall, until expiration of 3 years after final payment
under the subcontract or of the time periods for the particular records
specified in Part 1-20 of the Federal Procurement Regulations (41 CFR
Part 1-20) whichever expires earlier, have access to and the right to
examine any directly pertinent books, documents, papers, and records of
such subcontractor, involving transactions related to the subcontract.
The term ''subcontract'' as used in this clause excludes (1) purchases
orders not exceeding $2,500 and (2) subcontracts or purchase orders for
public utility services at rates established for uniform applicability
to the general public.
(d) The periods of access and examination described in (b) and (c)
above, for records which relate to (1) appeals under the ''Disputes''
clause of this contract, (2) litigation or the settlement of claims
arising out of the performance of this contract, or (3) costs and
expenses of this contract as to which exception has been taken by the
Comptroller General or any of his/her duly authorized representatives,
shall continue until such appeals, litigation, claims, or exceptions
have been disposed of.
(a) Inspection of work. The Government shall have the right to
inspect the work and activities under this contract, including without
limitation, premises where any Government property may be located at
such reasonable times and in such manner as it may deem appropriate and
the Contractor shall afford the Government proper facilities and
assistance for such inspection.
(b) Reports. The Contractor shall furnish such progress reports,
schedules, financial and cost reports, and other reports, concerning the
work under this contract as specified elsewhere in this contract. Cost
and other financial data and projections furnished pursuant to this
paragraph (b) shall not relieve the Contractor of the requirements for
furnishing notice specified in the clause of this contract entitled
''Limitation of Cost.''
(c) In addition, where Federal financial assistance is involved in
the contract effort, the following clause will apply:
The contractor, as a recipient of Federal financial assistance, shall
make reports and information available to the Indian people served or
represented by the contractor. Such reports will reflect how the
Federal assistance funds were utilized to the benefit of the Indian
people served or represented as follows: (specific reporting
requirements, formats and methods of distribution to the Indian people
will be prescribed in the scope of the contract.)
(d) Annual Reporting.
(1) For each fiscal year during which a tribal organization receives
or expends funds pursuant to a contract under this Part, the tribe which
requested the contract must submit a report to the Contracting Officer.
The report shall include, but not be limited to, an accounting of the
amounts and purposes for which the contract funds were expended and
information on the conduct of the program or services involved. The
reports shall include any other information requested by the Contracting
Officer and may be submitted as follows:
(i) When the contract is with the governing body of an Indian tribe,
the tribe shall submit the report to the Contracting Officer.
(ii) When the contract is with a tribal organization other than the
governing body of the tribe, the tribe has the option of having the
tribal organization prepare the report and submit it to the tribe for
review and approval before the tribe submits it to the Contracting
Officer.
(iii) When the contract benefits more than one tribe, the tribal
organization shall prepare and submit the report to each of the tribes
benefiting under the contract. Each tribe shall endorse the report
before submitting it to the Contracting Officer.
(2) The annual report shall be submitted to the Contracting Officer
within 90 days of the end of the fiscal year in which the contract was
performed. However, the period for submitting the report may be
extended if there is just cause for such extension.
(3) In addition to the yearly reporting requirement given in
paragraphs (a) and (b) of this section, the tribal contractor shall
furnish other reports when and as required by the Secretary.
(a) Prior approval required. Except as provided in (c) below, the
Contractor shall not enter into any subcontract or purchase order not
otherwise expressly authorized elsewhere in this contract without the
prior written approval of the Contracting Officer and subject to such
conditions as the Contracting Officer may require.
(b) Request for approval. The Contractor's request for approval to
enter into a subcontract pursuant to this clause shall include: (1) A
description of the supplies or services to be called for by the
subcontract; (2) identification of the proposed subcontractor and an
explanation of why and how the proposed subcontractor was selected,
including the degree of competition obtained; (3) the proposed
subcontract price, together with the Contractor's cost or price analysis
thereof; (4) identification of the type of subcontract to be used; (5)
a copy or draft of the proposed subcontract, if available; and (6) any
other information which the Contracting Officer may require.
(c) Certain purchases of property and services. Prior written
approval shall not be required for firm fixed-price subcontracts for the
purchase or rental of items of personal property having a unit
acquisition cost of less than $200 or for subcontracts in a total amount
less than $1,000 unless otherwise specified elsewhere in this contract:
Provided, however, That advance notification shall be given by the
Contractor of any subcontract which exceeds in dollar amount 5 percentum
of the total estimated cost of this contract.
(d) Contractor's procurement system. The contractor shall use
methods, practices or procedures in subcontracting or purchasing
(hereinafter referred to as the Contractor's ''procurement system'')
acceptable to the Contracting Officer. The Contracting Officer may, at
any time during the performance of this contract, require the Contractor
to provide information concerning its procurement system.
(e) Effect of subcontracting. Subcontracts shall be made in the name
of the Contractor and shall not bind nor purport to bind the Government.
The making of subcontracts hereunder shall not relieve the Contractor
of any requirement under this contract (including, but not limited to,
the duty to properly supervise and coordinate the work of subcontracts,
and the duty to maintain and account for property pursuant to the clause
of this contract entitled ''Government Property''). Approval of the
provisions of any subcontract by the Contracting Officer shall not be
construed to constitute a determination of the allowability of any cost
under this contract, unless such approval specifically provides that it
constitutes a determination of the allowability of such cost. In no
event shall approval of any subcontract by the Contracting Officer be
construed as effecting any increase in the estimated cost set forth in
this contract. No subcontract placed under this contract shall provide
for payment on a cost-plus-a-percentage-of-cost basis.
(f) Procurements from contractor-controlled sources. Procurement or
transfer of equipment, materials, supplies, or services from
contractor-controlled source (any division or other organizational
component of the prime contractor, exclusive of the contracting
component, and any subsidiary or affiliate of the Contractor under a
common control) shall be considered a subcontract for the purpose of
this clause.
(a) The Contractor shall maintain books, records, documents, and
other evidence, accounting procedures, and practices, sufficient to
reflect properly all direct and indirect costs of whatever nature
claimed to have been incurred and anticipated to be incurred for the
performance of this contract. The foregoing constitutes ''records'' for
the purposes of this clause.
(b) The Contractor's facility(ies), or such part thereof as may be
engaged in the performance of this contract, and its records shall be
subject at all reasonable times to inspection and audit by the
Contracting Officer or his/her authorized representative.
(c) The contractor shall preserve and make available its records (1)
until the expiration of 3 years from the date of final payment under
this contract, or the time periods for the particular records specified
in (41 CFR Part 1-20), whichever expires earlier and (2) for such longer
period, if any, as is required by applicable statute, or by other clause
of this contract, or by (i) or (ii) below.
(i) If this contract is completely or partially retroceded or
reassumed by the Government, the records relating to the work terminated
shall be preserved and made available for a period of 3 years from the
date of any resulting final settlement.
(ii) Records which relate to (A) appeals under the ''Disputes''
clause of this contract, (B) litigation or the settlement of claims
arising out of the performance of this contract, or (C) costs and
expenses of this contract to which exception has been taken by the
Contracting Officer or any of his/her duly authorized representatives,
shall be retained until such appeals, litigation, claims, or exceptions
have been disposed of.
(d) The Contractor shall insert the substance of this clause,
including this paragraph (d), in each subcontract hereunder that is not
firm fixed-price or fixed-price with escalation. When so inserted,
changes shall be made to designate the higher-tier subcontractor at this
level involved in place of the Contractor: to add ''of the Government
prime contract'' in place of ''this contract'' in (B) of subparagraph
(c)(ii) above.
(a) Government furnished property. (1) The Government reserves the
right to furnish any property or services required for the performance
of the work under this contract.
(2) The Government shall deliver to the Contractor, for use in
connection with and under the terms of this contract, the property
described elsewhere in this contract, together with such related data
and information as the Contractor may request and as may reasonably be
required for the intended use of such property (such property to be
referred to as ''Government furnished property'').
In the event that Government furnished property is not delivered to
the contractor by the time or times as stated, or if not stated, in
sufficient time to enable the Contractor to meet such delivery or
performance dates under this contract, the Contracting Officer shall,
upon timely written request made by the Contractor, make a determination
of the delay occasioned the Contractor and make appropriate equitable
adjustments to any contractual provisions affected by any such delay in
accordance with the provisions of the clause of this contract entitled
''Changes.''
In the event that Government furnished property is received by the
Contractor in a condition not suitable for the intended use, the
Contractor shall, immediately upon receipt thereof, notify the
Contracting Officer of such fact, and, as directed by the Contracting
Officer either (i) return or otherwise dispose of such property, or (ii)
effect repairs or modifications thereto. Upon completion of (i) or (ii)
above, the Contracting Officer, upon timely written request of the
Contractor, shall make appropriate equitable adjustments to any
contractual provisions affected thereby in accordance with the
provisions of the clause of this contract entitled ''Changes.'' The
foregoing provisions for adjustment are exclusive and the Government
shall not be liable to suit for breach of contract by reason of any
delay in delivery of Government furnished property or delivery of such
property in a condition not suitable for its intended use.
(b) Title. (1) Title to all property furnished by the Government
shall remain in the Government. Title to all property purchased by the
Contractor, the cost of which the Contractor is entitled to be
reimbursed as a direct item of cost under this contract, shall pass to
and vest in the Government upon delivery of such property by the vendor.
Title to other property, the cost of which is reimbursable to the
Contractor under this contract, shall pass and vest in the Government
upon (i) issuance for use of such property in the performance of this
contract, or (ii) commencement of processing or use of such property in
the performance of this contract, or (iii) reimbursement of the cost
thereof by the Government in whole or in part, whichever first occurs.
All Government furnished property, together with all property acquired
by the Contractor, title to which vests in the Government under this
paragraph, are subject to the provisions of this clause and are
hereinafter collectively referred to as ''Government property.''
(2) Title to the Government property shall not be affected by the
incorporation or attachment thereof to any property now owned by the
Government, nor shall such Government property, or any part thereof, be
or become a fixture or lose its identity or personality by reason of
affixation to any realty.
(c) Use of Government property. Government property shall, unless
otherwise provided herein or approved by the Contracting Officer, be
used only for the performance of this contract.
(d) Property management and control. The Contractor shall maintain
and administer in accordance with sound business practice a program for
the maintenance repair, protection, and preservation, control of and
accountability for Government property, so as to assure its full
availability and usefulness for the performance of this contract. The
Contractor shall comply with Federal, State, and local laws, codes,
ordinances, regulations, and orders pertaining to standards of
construction, safety, environment quality, energy conservation, historic
site preservation, facilities for the handicapped, emergency
preparedness, and other requirements that are applicable to the physical
characteristics, operation, and maintenance of Government property. The
Contractor agrees to promptly receipt for all Government property in a
form and manner as prescribed by the Contracting Officer. The
Contractor further agrees to take all reasonable steps to comply with
all directions or instructions which the Contracting Officer may
prescribe regarding the management and control of Government property.
(e) Risk or loss. (1) The Contractor shall not be liable for any
loss of or damage to Government property, or for expenses incidental to
such loss or damage, except that the Contractor shall be responsible for
any such loss or damage (including expenses incidental thereto);
(i) Which results from willful misconduct or lack of good faith on
the part of any of the Contractor's directors or officers, or on the
part of any of its managers, superintendents, or other equivalent
representatives, who have supervision or direction of
(A) all or substantially all of the Contractor's operations at any
one plant, laboratory or separate location in which this contract is
being performed or
(B) a separate and complete major organization, industrial or
otherwise in connection with the performance of this contract;
(ii) Which results from a failure on the part of the Contractor, due
to willful misconduct or lack of good faith on the part of any of its
directors, officers, or other representatives mentioned in subparagraph
(i) above, (A) to maintain and administer, in accordance with sound
business practice, the program for maintenance, repair, protection, and
preservation of Government property as required by paragraph (d) hereof,
or (B) to take all reasonable steps to comply with any appropriate
written directions of the Contracting Officer under paragraph (4)
hereof;
(iii) For which the Contractor is otherwise responsible under the
express terms of this contract;
(iv) Which results from a risk expressly required to be insured under
this contract, but only to the extent of the insurance so required to be
procured and maintained, or to the extent of insurance actually procured
and maintained, whichever is greater; or
(v) Which results from a risk which is in fact covered by insurance
or for which the Contractor is otherwise reimbursed, but only to the
extent of such insurance or reimbursement; Provided That, if more than
one of the above exceptions shall be applicable in any case, the
Contractor's liability under any one exception shall not be limited by
any other exception.
(2) If the Contractor transfers Government property to the possession
and control of a subcontractor the transfer shall not affect the
liability of the Contractor for loss or destruction of or damage to
Government property as set forth in (1) above. The Contractor shall
require the subcontractor to assume the risk of and be responsible for
any loss or destruction of or damage to Government property while in the
latter's possession or control, and the subcontract shall contain
appropriate provisions requiring the return of all Government property
in as good condition as when received (except for reasonable wear and
tear or for the utilization of the property in accordance with the
provisions of this contract). Provided, however, That the subcontractor
may be relieved from such liability only to the extent that the
subcontract, with the prior approval of the Contracting Officer, so
provides.
(3) The Contractor shall not be reimbursed for, and shall not include
as an item of overhead, the cost of insurance, or any provisions for a
reserve, covering the risk of loss or damage to the Government property,
except to the extent that the Government may have required the
Contractor to carry such insurance under any other provision of this
contract.
(4) Upon the happening of loss or destruction of or damage to the
Government property, the Contractor shall notify the Contracting Officer
thereof, and shall take all reasonable steps to protect the Government
property from further damage, separate the damaged and undamaged
Government property, put all the Government property in the best order,
and furnish to the Contracting Officer a statement of:
(i) The lost, destroyed, and damaged Government property;
(ii) The time and origin of the loss, destruction or damage;
(iii) All known interests in commingled property of which the
Government property is a part; and
(iv) The insurance, if any, covering any part of or interest in such
commingled property.
The Contractor shall make repairs and renovation of the damaged
Government property, or take such other actions as the Contracting
Officer directs.
(5) In the event the Contractor is indemnified, reimbursed, or
otherwise compensated for any loss or destruction of or damage to the
Government property, it shall use the proceeds to repair, renovate, or
replace the Government property involved, or shall credit such proceeds
against the cost of the work covered by the contract, or shall otherwise
reimburse the Government, as directed by the Contracting Officer. The
loss, destruction or damage and, upon the request of the Constracting
Officer, shall, at the Government's expense, furnish to the Government
all reasonable assistance and cooperation (including assistance in the
prosecution of suit and the execution of instruments of assignment in
favor of the Government) in obtaining recovery. In addition, where a
subcontractor has not been relieved from liability for any loss or
destruction of or damage to Government property, the Contractor shall
enforce the liability of the subcontractor for such loss or destruction
of or damage to the Government property for the benefit of the
Government.
(f) Disposition of Government property.
(1) During the period of performance of this contract, the Contractor
shall promptly and regularly report to the Contracting Officer, in such
form and manner as the Contracting Officer may direct, concerning the
status of Government property under the contract, including all
Government property in the Contractor's possession which is not in use
or which is excess to the needs of the contract. The Contractor shall
make such disposition of Government property as the Contracting Officer
may direct. The Contractor shall in no way be relieved of
responsibility for Government property without the prior written
approval of the Contracting Officer.
(2) Upon completion or expiration of this contract, or at such
earlier date as may be fixed by the Contracting Officer, the Contractor
shall render an accounting, as prescribed by the Contracting Officer, of
all Government property which had come into the possession or custody of
the Contractor under this contract. Such accounting shall include
inventory schedules covering all items of Government property not
consumed in the performance of this contract, or not theretofore
delivered to the Government, or for which the Contractor has not
otherwise been relieved of responsibility. The Contractor shall deliver
or make such other disposition of Government property covered in such
inventory schedules as the Contracting Officer may direct.
(3) The net proceeds of any disposition of Government property, in
accordance with (1) and (2) above, shall be credited to the cost of the
work covered by the contract or shall be paid in such manner as the
Contracting Officer may direct.
(g) Restoration of premises. Unless otherwise provided herein, the
Government shall not be under any duty or obligation to restore or
rehabilitate, or to pay the costs of the restoration or rehabilitation
of the Contractor's facility or any portion thereof which is affected by
removal of any Government property.
The Contracting Officer may at any time, with the consent of the
Contractor, by a written order, and without notice to the sureties, if
any, make changes, within the general scope of this contract, in any one
or more of the following: (a) Drawings, designs, or specifications;
(b) method of shipment or packing; (c) place of inspection, delivery,
or acceptance; and (d) the amount of Government furnished property. If
any such change causes an increase or decrease in the estimated cost of,
or the time required for performance of this contract, or otherwise
affects any other provisions of this contract, whether changed or not by
any such order, an equitable adjustment shall be made (a) in the
estimated cost or delivery schedule, or both, and (b) in such other
provisions of the contract as may be so affected, and the contract shall
be modified in writing accordingly. Any claim by the Contractor for
adjustment under this clause must be asserted within thirty (30) days
from the date of receipt by the Contractor of the notification of
change: Provided, however, That the Contracting Officer, if he/she
decides that the facts justify such action, may receive and act upon any
such claim asserted at any time prior to final payment under this
contract. Where the cost of property made obsolete or excess as a
result of a change is included in the Contractor's claim for adjustment,
the Contracting Officer shall have the right to prescribe the manner of
disposition of such property. Failure to agree to any adjustment shall
be a dispute concerning a question of fact within the meaning of the
clause of this contract entitled ''Disputes.'' However, nothing in this
clause shall excuse the Contractor from proceeding with the contract as
changed.
1977)
Whenever the Contractor has knowledge that any actual or potential
situation, including, but not limited to, labor disputes, is delaying or
threatens to delay the timely performance of the work under this
contract, the Contractor shall immediately give written notice thereof,
including all relevant information with respect thereto, to the
Contracting Officer.
(a) The Indian Tribe that initially requested this contract may also
request its retrocession, notwithstanding the fact that the Contractor
may be a tribal organization other than the Tribe.
(b) Should the Tribe request retrocession of the contract and the
Contractor is other than the Tribe, the Contracting Officer will notify
the Contractor of the request and in consultation with the Tribe and the
Contractor establish the effective date of the retrocession. The
retrocession will become effective no later than 120 days after the
Contracting Officer receives the Tribe's request unless the Tribe and
the Contracting Officer mutually agree on a later date.
(c) Immediately after receipt of the request for retrocession and
where applicable notifying the Contractor, the Contracting Officer will
meet with the Contractor and, where applicable, the tribal governing
body or bodies, mutually agree to:
(1) A plan for the orderly transfer of responsibilities;
(2) A plan for inventorying materials and supplies on hand;
(3) An accounting for funds, including but not limited to current and
anticipated obligations;
(4) The cost of operation until retrocession; and,
(5) The identification of all records relating to the contract and
the contracted function.
Programs (June 1977)
(a) When the Director or his/her delegate determines that the
performance of a Contractor under these regulations involves (1) the
violation of the rights or endangerment of the health, safety, or
welfare of any persons, or (2) gross negligence or the mismanagement in
the handling or use of funds under the contract, he/she will, in
writing, notify the contractor of such determinations and will request
that the Contractor take such corrective action within such period of
time as the Director or his/her delegate may prescribe.
(b) When the Director or his/her delegate determines that a
Contractor has not taken corrective action (as prescribed by him/her
under paragraph (a) of this section) to his/her satisfaction, he/she
may, after the Contractor has been provided an opportunity for a hearing
in accordance with paragraph (c) of this section, rescind the contract
in whole or in part and, if he/she deems it appropriate, assume or
resume control or operation of the program, activity, or service
involved.
(c)(1) When the Director or his/her delegate has made a determination
described in paragraph (b) of this section, he/she shall in writing
notify the Contractor of such determination and of the Contractor's
right to request a review of such determination and of the determination
described in paragraph (a) of this section. Such notification by the
Director or his/her delegate shall set forth the reasons for the
determination in sufficient detail to enable the Contractor to respond
and shall inform the Contractor of its right to a hearing on the record
before a Contract Appeals Board described in paragraph (d) of this
section. Upon the request of the Contractor for a hearing, the Board,
established pursuant to paragraph (d) of this section shall in writing
within 10 days of the establishment notify the Contractor of the time,
place and date of the hearing which will be held not later than 45 days
after the request for a hearing.
(2) Where the Director or his/her delegate determines that a
Contractor's performance under a contract awarded under this subpart
poses an immediate threat to the safety of any person, he/she may
immediately rescind the contract in whole or in part and, if he/she
deems it appropriate, assume or resume control or operation of the
program, activity, or service involved. Upon such a decision he/she
will immediately notify the Contractor of such action and the basis
therefor; and offer the Contractor an opportunity for a hearing on the
record before the Contract Appeals Board established pursuant to
paragraph (d) of this section to be held within 10 days of each action.
(d)(1) The Contract Appeals Board shall be composed of 3 persons
appointed by the Director, Indian Health Service. Such persons may not
be selected from the immediate office of any person participating in the
determination at issue. The Board shall afford the Contractor the
right:
(i) To notice of the issues to be considered;
(ii) To be represented by counsel;
(iii) To present witnesses on Contractor's behalf;
(iv) To cross-examine other witnesses either orally or through
written interrogatories; and
(v) To compel the appearance of Indian Health Service personnel or to
take depositions of such persons at reasonable times and places.
(2) The Contract Appeals Board shall make an initial written decision
which shall become final within 20 days unless the Director, Indian
Health Service or his/her representative modifies or reverses the
decision. Any such decision by the Director of the Indian Health
Service or his/her representative shall be in writing, shall be specific
as to the reasons for such decision, and shall be considered final.
(3) Where the Board is considering issues arising under paragraph (2)
of this section, the Board shall within 25 days after the conclusion of
the hearing, notify all parties in writing of its decision.
(c) In any case where the officer has rescinded a contract under
paragraph (b) or (c) of this section, he/she may decline to enter into a
new contract agreement with the Contractor until such time as he/she is
satisfied that the basis for the recision has been corrected.
Nothing in this section shall be construed as contravening the
Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended
(29 U.S.C. 651).
Where ''key personnel'' have been identified in this contract, it has
been determined that such named personnel are necessary for the
successful performance of the work under this contract; and the
Contractor agrees to assign such personnel to the performance of the
work under this contract, and shall not reassign or remove any of them
without the consent of the Contracting Officer. Whenever, for any
reason, one or more of the aforementioned personnel is unavailable for
assignment for work under the contract, the Contractor shall immediately
notify the Contracting Officer to that effect and shall, subject to the
approval of the Contracting Officer without formal modification to the
contract, replace such personnel with personnel of substantially equal
ability and qualifications.
The Contractor shall give the Contracting Officer immediate notice in
writing of (a) any action, including any proceeding before an
administrative agency, filed against the Contractor arising out of the
performance of this contract, including, but not limited to, the
performance of any subcontract hereunder; and (b) any claim against the
Contractor the cost and expense of which is allowable under the clause
entitled ''Allowable Cost,'' except as otherwise directed by the
Contracting Officer, the Contractor shall furnish immediately to the
Contracting Officer copies of all pertinent papers received by the
Contractor with respect to such action or claim. To the extent not in
conflict with any applicable policy of insurance, the Contractor may,
with the Contracting Officer's approval, settle any such action or
claim. If required by the Contracting Officer, the Contractor shall (a)
effect an assignment and subrogation in favor of the Government of all
the Contractor's rights and claims (except those against the Government)
arising out of any such action or claim against the Contractor; and (b)
authorize representatives of the Government to settle or defend any such
action or claim and to represent the Contractor in, or to take charge
of, any action. If the settlement or defense of an action or claim is
undertaken by the Government, the Contractor shall furnish all
reasonable assistance in effecting a settlement or asserting a defense.
Where an action against the Contractor is not covered by a policy of
insurance, the Contractor shall, with the approval of the Contracting
Officer, proceed with the defense of the action in good faith. The
Government shall not be liable for the expense of defending any action
or for any cost resulting from the loss thereof to the extent that the
Contractor would have been compensated by insurance which was required
by law or regulation or by written direction of the Contracting Officer,
but which the Contractor failed to secure through its own fault or
negligence.
In any event, unless otherwise expressly provided in this contract,
the Contractor shall not be reimbursed or indemnified by the Government
for any liability loss, cost or expense, which the Contractor may incur
or be subject to by reason of any loss, injury, or damage, to the person
or to real or personal property of any third parties as may accrue
during, or arise from, the performance of this contract.
(a) The Contractor shall indemnify and save and keep harmless the
Government against any or all loss, cost, damage, claim, expense or
liability whatsoever, because of accident or injury to persons or
property or others occurring in connection with any program included as
a part of this contract, by providing where applicable, the insurance
described below:
(b) The Contractor shall secure, pay the premium for, and keep in
force until the expiration of this contract, or any renewal period
thereof, insurance as provided below. Such insurance policies shall
specifically include a provision stating the liability assumed by the
Contractor under this contract.
(1) Workman's compensation insurance as required by laws of the
state.
(2) Owner's, landlord's, and tenant's bodily injury liability
insurance with limits of not less than $50,000 for each person and
$500,000 for each accident.
(3) Property damage liability insurance with limits of not less than
$25,000 for each accident.
(4) Automobile bodily injury liability insurance with limits of not
less than $50,000 for each person, and $500,000 for each accident and
property damage liability insurance with a limit of not less than $5,000
for each accident.
(5) Food products liability insurance with limits of not less than
$50,000 for each person and $500,000 for each accident.
(6) Professional malpractice insurance where medical, dental and
other health professional services are involved.
(7) Other liability insurance not specifically mentioned when
required.
(c) Each policy of insurance shall contain an endorsement providing
that cancellation by the insurance company shall not be effective unless
a copy of the cancellation is mailed (registered) to the Contracting
Officer 30 days prior to the effective date of cancellation.
(d) A certificate of each policy of insurance, and any change
therein, shall be furnished to the Contracting Officer immediately upon
receipt from the insurance company.
(e) Insurance companies of the Contractor shall be satisfactory to
the Contracting Officer. When in his/her opinion an insurance company
is not satisfactory for reasons that will be stated, the Contractor
shall provide insurance through companies that are satisfactory to the
Contracting Officer.
(f) Each policy of insurance shall contain a provision that the
insurance carrier waives any rights it may have to raise as a defense
the tribe's sovereign immunity from suit, but such waivers shall extend
only to claims the amount and nature of which are within the coverage
and limits of the policy of insurance. The policy shall contain no
provision, either expressed or implied, that will serve to authorize or
empower the insurance carrier to waive or otherwise limit the tribe's
sovereign immunity outside or beyond the coverage and limits of the
policy insurance.
Except as provided in this contract, the Contractor shall not perform
overtime work under or in connection with this contract for which
premium compensation is required to be paid, without specific written
approval from the Contracting Officer.
Foreign travel shall not be performed without the prior written
approval of the Contracting Officer. As used in this clause ''Foreign
Travel'' means travel outside the United States, its Territories and
Possessions, and Canada.
In the event the performance of this contract involves the collection
of information upon identical items from 10 or more persons, other than
Federal employees, the Contractor shall obtain written approval from the
Contracting Officer, prior to the use thereof, of any forms, schedules,
questionnaires, survey plans or other documents, and any revisions
thereto, intended to be used in such collection.
Unless otherwise specified in this contract, the Contractor shall not
engage in, nor subcontract for, any printing (as that term is defined in
Title I of the Government Printing and Binding Regulations in effect on
the effective date of this contract) in connection with the performance
of work under this contract; Provided, however, That performance of a
requirement under this contract involving the reproduction of less than
5,000 production units of any one page or less than 25,000 production
units in the aggregate of multiple pages, will not be deemed to be
printing. A production unit is defined as one sheet, size 8 by 10 and
1/2 inches, one side only, one color.
Except as otherwise expressly provided elsewhere in this contract,
and notwithstanding the provisions of the clause of this contract
entitled ''Subcontracting,'' the prior written approval of the
Contracting Officer shall be required:
(a) Whenever any employee of the Contractor is to be reimbursed as a
''consultant'' under this contract; and
(b) For the utilization of the services of any consultant under this
contract exceeding the daily rate set forth elsewhere in this contract
or, if no amount is set forth, $100, exclusive of travel costs or where
the services of any consultant under this contract will exceed 10 days
in any calendar year. Whenever Contracting Officer approval is
required, the Contractor will obtain and furnish to the Contracting
Officer information concerning the need for such consultant services and
the reasonableness of the fees to be paid, including but not limited to,
whether fees to be paid to any consultant exceed the lowest fee charged
by such consultant to others for performing consultant services of a
similar nature.
(a) Pursuant to the provisions of the Assignment of Claims Act of
1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this contract
provides for payments aggregating $1,000 or more, claims for moneys due
or to become due the Contractor from the Government under this contract
may be assigned to a bank, trust company, or other financing
institution, including any Federal lending agency, and may thereafter be
further assigned and reassigned to any such institution. Any such
assignment or reassignment shall cover all amounts payable under this
contract and not already paid, and shall not be made to more than one
party, except that any such assignment or reassignment may be made to
one party as agent or trustee for two or more parties participating in
such financing. Unless otherwise provided in this contract, payment to
assignee of any moneys due or to become due under this contract shall
not, to the extent provided in said Act, as amended, be subject to
reduction or setoff. (The preceding sentence applies only if this
contract is made in time of war or national emergency as defined in said
Act and is with the Department of Defense, the General Services
Administration, the Atomic Energy Commission, the National Aeronautics
and Space Administration, the Federal Aviation Agency or any other
department or agency of the United States designated by the President
pursuant to Clause 4 of the proviso of section 1 of the Assignment of
Claims Act of 1940, as amended by the Act of May 15, 1951, 65 Stat.
41.)
(b) In no event shall copies of this contract or of any plans,
specifications, or other similar documents relating to work under this
contract, if marked ''Top Secret,'' ''Secret,'' or ''Confidential,'' be
furnished to any assignee of any claim arising under this contract or to
any other person not entitled to receive the same. However, a copy of
any part or all of this contract so marked may be furnished, or any
information contained therein may be disclosed, to such assignee upon
the prior written authorization of the Contracting Officer.
Act -- Overtime Compensation (June 1977)
This contract, to the extent that it is of a character specified in
the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330),
is subject to the following provisions and to all other applicable
provisions and exceptions of such Act and the regulations of the
Secretary of Labor thereunder.
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit
any laborer or mechanic in any workweek in which he/she is employed on
such work to work in excess of eight hours in any calendar day or in
excess of forty hours in such workweek on work subject to the provisions
of the Contract Work Hours Standards Act unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times
his/her basic rate of pay for all such hours worked in excess of eight
hours in any calendar day or in excess of forty hours in such workweek,
whichever is the greater number of overtime hours.
(b) Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the provisions of paragraph (a), the
Contractor and any subcontractor responsible therefor shall be liable to
any affected employee for his/her unpaid wages. In addition, such
Contractor and subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed in violation of
the provisions of paragraph (a) in the sum of $10 for each calendar day
on which such employee was required or permitted to be employed on such
work in excess of eight hours or in excess of the standard workweek of
forty hours without payment of the overtime wages required by paragraph
(a).
(c) Withholding for unpaid wages and liquidated damages. The
Contracting Officer may withhold from the Government Prime Contractor,
from any moneys payable on account of work performed by the Contractor
or subcontractor, such sums as may administratively be determined to be
necessary to satisfy any liabilities of such Contractor or subcontractor
for unpaid wages and liquidated damages as provided in the provisions of
paragraph (b).
(d) Subcontracts. The Contractor shall insert paragraphs (a) through
(d) of this clause in all subcontracts, and shall require their
inclusion in all subcontracts for any tier.
(e) Records. The Contractor shall maintain payroll records
containing the information specified in 29 CFR 516.2(a). Such records
shall be preserved for three years from the completion of the contract.
This requirement does not apply where the tribal contractor is the
governing body of the tribe and the work is being performed by the
tribal contractor or the tribe with its regular employees.
1977)
If this contract is for the manufacture or furnishing of materials,
supplies, articles, or equipment in an amount which exceeds or may
exceed $10,000 and is otherwise subject to the Walsh-Healey Public
Contracts Act, as amended (41 U.S. Code 35-45), there are hereby
incorporated by reference all representations and stipulations required
by said Act and regulations issued thereunder by the Secretary of Labor,
such representations and stipulations being subject to all applicable
rulings and interpretations of the Secretary of Labor which are now or
may hereafter be in effect. This requirement does not apply where the
tribal contractor is the governing body of the tribe and the work is
being performed by the tribal contractor or the tribe with its regular
employees.
Subject to the Indian preference in training and employment of Clause
29 during the performance of this contract, the Contractor agrees as
follows:
(a) The Contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or national
origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national
origin. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the Contracting Officer setting forth the provisions of this
Equal Opportunity clause.
(b) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, creed, color, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
Contracting Officer, advising the labor union or workers' representative
of the Contractor's commitments under this Equal Opportunity clause, and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(d) The Contractor will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, and the rules, regulations, and
relevant orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required
by Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to its books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
(f) In the event of the Contractor's noncompliance with the Equal
Opportunity clause of this contract or with any of the said rules,
regulations, or orders, this contract may be cancelled, terminated, or
suspended, in whole or in part, and the Contractor may be declared
ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(g) The Contractor will include the provisions of paragraphs (a)
through (g) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order No. 11246 of September 24, 1965, so
that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontract or
purchase order as the contracting agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, That in the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the Contractor may
request the United States to enter into such litigation to protect the
interests of the United States.
Employment (June 1977)
(a) The Contractor shall give preference in employment for all work
performed under the contract, including subcontracts thereunder, to
qualified Indians regardless of age, religion, or sex, and to the extent
feasible consistent with the efficient performance of the contract,
provide employment and training opportunities to Indians, regardless of
age, religion, or sex, that are not fully qualified to perform under the
contract. The Contractor shall comply with any Indian preference
requirements established by the Tribe receiving services under the
contract to the extent that such requirements are consistent with the
purpose and intent of this paragraph.
(b) If the Contractor or any of its subcontractors is unable to fill
its employment openings after giving full consideration to Indians as
required in paragraph (a) above, these employment openings may then be
filled by other than Indians under the conditions set forth in the Equal
Opportunity clause of this contract.
(c) The Contractor agrees to include this clause or one similar
thereto in all subcontracts issued under the contract.
(June 1977)
By signing the contract the Contractor certifies that it does not
maintain or provide for its employees any segregated facilities at any
of its establishments, and that it does not permit its employees to
perform their services at any location, under its control, where
segregated facilities are maintained. It certifies further that it will
not maintain or provide for its employees any segregated facilities at
any of its establishments, and that it will not permit its employees to
perform their services at any location, under its control, where
segregated facilities are maintained. The Contractor agrees that a
breach of this certification is a violation of the Equal Opportunity
clause in this contract. As used in this certification, the term
''segregated facilities'' means any waiting rooms, work areas, rest
rooms, and wash rooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees which are segregated by
explicit directive or are in fact segregated on the basis of race,
color, religion, or national origin, because of habit, local custom or
otherwise. It further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific time
periods) it will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity
clause; that it will retain such certifications in its files; and that
it will forward the following notice to such proposed subcontractors
(except where the proposed subcontractors have submitted identical
certifications for specific time periods):
Notice to prospective subcontractors of requirement for
certifications of nonsegregated facilities. A certificate of
Nonsegregated Facilities must be submitted prior to the award of a
subcontract exceeding $10,000 which is not exempt from the provisions of
the Equal Opportunity clause. The certification may be submitted either
for each subcontract or for all subcontracts during a period (i.e.,
quarterly, semiannually, or annually).
In connection with the performance of work under this contract, the
Contractor agrees not to employ any person undergoing sentence of
imprisonment at hard labor, except as provided by Public Law 89-176,
September 10, 1965 (18 U.S.C. 4082(c)(2)), and Executive Order No.
11755, December 29, 1973.
No member of or delegate to Congress, or resident commissioner, shall
be admitted to any share or part of this contract, or to any benefit
that may arise therefrom; but this provision shall not be construed to
extend to this contract if made with a corporation for its general
benefit.
Contracts (June 1977)
(a) In acquiring end products, the Buy American Act (41 U.S. Code
10a-d) provides that the Government give preference to domestic source
end products. For the purpose of this clause:
(i) ''Components'' means those articles, materials, and supplies
which are directly incorporated in the end products;
(ii) ''End products'' means those articles, materials, and supplies
which are to be acquired under this contract for public use; and
(iii) A ''domestic source end product'' means (A) an unmanufactured
end product which has been mined or produced in the United States and
(B) an end product manufactured in the United States if the cost of the
components thereof which are mined, produced, or manufactured in the
United States exceeds 50 percent of the cost of all its components. For
the purpose of this (a)(iii) (B), components of foreign origin of the
same type or kind as the products referred to in (b) (ii) or (iii) of
this clause shall be treated as components mined, produced or
manufactured in the United States.
(b) The Contractor agrees that there will be delivered under this
contract only domestic source end products, except end products:
(i) Which are for use outside the United States;
(ii) Which the Government determines are not mined, produced, or
manufactured in the United States in sufficient and reasonably available
commercial quantities and of a satisfactory quality;
(iii) As to which the Secretary determines the domestic preference to
be inconsistent with the public interest; or
(iv) As to which the Secretary determines the cost to the Government
to be unreasonable.
(The foregoing requirements are administered in accordance with
Executive Order No. 10582, dated December 17, 1954).
(a) Public Law 86-695, September 2, 1960 (41 U.S.C. 51-54) among
other things prohibits the payment, directly or indirectly, by or on
behalf of a subcontractor in any tier under any Government negotiated
contract of any fee, gift or gratuity to the prime contractor or any
higher tier subcontractor or any officer, agent, partner or employee
thereof, as an inducement or acknowledgment for the award of a
subcontact or order.
(b) The provisions of Public Law 86-695 are applicable to this
contract and any subcontracts entered into under the contract.
1977)
(a) As used in this clause, the term ''Indian business concern''
means Indian organizations or an Indian-owned economic enterprise as
defined in 42 FR 36.204(i).
(b) The contractor agrees to give preference to qualified Indian
business concerns in the awarding of any subcontracts entered into under
the contract consistent with the efficient performance of the contract.
The contractor shall comply with any preference requirements regarding
Indian business concerns established by the Tribe(s) receiving services
under the contract to the extent that such requirements are consistent
with the purpose and intent of this paragraph.
(c) If no Indian business concerns are available under the conditions
in paragraph (b) above, the Contractor agrees to accomplish the maximum
amount of subcontracting, as the Contractor determines is consistent
with its efficient performance of the contract, with small business
concerns, labor surplus area concerns or minority business enterprises,
the definitions for which are contained in Subparts 1-1.7, 1-1.8, and
1-1.13 of the Federal Procurement Regulations. The Contractor is not,
however, required to establish a small business, labor surplus, or
minority business subcontracting program as described in sections
1-1.710-3(b), 1-1.805-3(b), and 1-1.1310-2(b), respectively, of the
Federal Procurement Regulations (41 CFR Chaper 1).
Claims (June 1977)
(a) If an appeal is filed by the Contractor from a final decision of
the Contracting Officer under the Disputes clause of this contract,
denying a claim arising under the contract, simple interest on the
amount of the claim finally determined owed by the Government shall be
payable to the Contractor. Such interest shall be at the rate
determined by the Secretary of the Treasury pursuant to P.L. 92-41, 85
Stat. 97, from the date the Contractor furnished to the Contracting
Officer his written appeal under the Disputes clause of this contract,
to the date of (1) a final judgment by a court of competent
jurisdiction, or (2) mailing to the Contractor of a supplemental
agreement for execution either confirming completed negotiations between
the parties or carrying out a decision of a board of contract appeals.
(b) Notwithstanding (a), above, (1) interest shall be applied only
from the date payment was due, if such date is later than the filing of
appeals, and (2) interest shall not be paid for any period of time that
the Contracting Officer determines the Contractor has unduly delayed in
pursuing its remedies before a board of contract appeals or a court of
competent jurisdiction.
The Contractor further agrees to comply with any rules, regulations
and reporting requirements which may be imposed by the HHS Office for
Civil Rights for purposes of insuring the proper exercise of this
authority. The Contractor agrees to insert this clause in all
subcontract(s) under this contract.
People (June 1977)
(a) The Contractor agrees consistent with medical needs to make no
discriminatory distinctions among Indian patients or beneficiaries of
this contract. For the purpose of this contract discriminatory
distinctions include but are not limited to the following:
(i) denying a patient any service or benefit or availability of a
facility;
(ii) providing any service or benefit to a patient which is
different, or is provided in a different manner or at a different time
from that provided to other patients under this contract; subjecting a
patient to segregation or separate treatment in any manner related to
his/her receipt of any service; restricting a patient in any way in the
enjoyment of any advantage or privilege enjoyed by others receiving any
service or benefit; treating a patient differently from others in
determining whether he/she satisfies any admission, enrollment, quota,
eligibility membership, or other requirements of condition which
individuals must meet in order to be provided any service or benefit;
the assignment of times or places for the provision of services on the
basis of discriminatory distinctions which may be made of the patients
to be served.
(b) The Government reserves the right to reassume this contract in
whole or in part whenever the Contractor fails to comply with the
requirements of this clause.
Pricing Data
The following clause applies to all contracts where cost and pricing
data is required in accordance with P.L. 87-653.
(a) If the Contracting Officer determines that any price negotiated
in connection with this contract or any cost reimbursable under this
contract was increased by any significant sums because the Contractor,
or any subcontractor pursuant to the Clause of this contract entitled
''Subcontractor Cost or Pricing Data'' or ''Subcontractor Cost or
Pricing Data-Price Adjustments,'' or any subcontract clause therein
required, furnished incomplete or inaccurate cost or pricing data or
data not current as certified in its Contractor's Certificate of Current
Cost or Pricing Data, then such price or cost shall be reduced
accordingly and the contract shall be modified in writing to reflect
such reduction.
(b) Failure to agree on a reduction shall be a dispute concerning a
question of fact within the meaning of the ''Disputes'' clause of this
contract.
(Note: Since this contract is subject to reduction under this clause
by reason of defective cost or pricing data submitted in connection with
certain subcontracts, it is expected that the Contractor may wish to
include a clause in each such subcontract requiring the subcontractor to
appropriately indemnify the Contractor. It is also expected that any
subcontractor subject to such indemnification will generally require
substantially similar indemnification for defective cost or pricing data
required to be submitted by its lower tier subcontractors.)
The following clauses should be included in all contracts, when the
subcontracts of the type and size described therein are contemplated.
(a) The Contractor shall require subcontractors hereunder to submit
in writing cost or pricing data under the following circumstances:
(1) Prior to award of any cost-reimbursed type, time and material,
labor-hour, incentive, or price redeterminable subcontract the price of
which is expected to exceed $100,000; and
(2) Prior to the award of any other subcontract, the price of which
is expected to exceed $100,000, or to the pricing of any subcontract
change or other modification of which the price adjustment is expected
to exceed $100,000, where the price or price adjustment is not based on
adequate price competition, established catalog or market price or
commercial items sold in substantial quantities to the general public,
or prices set by law or regulation.
(b) The Contractor shall require subcontractors to certify,
substantially the same form as that used in the certificate by the Prime
Contractor to the Government, that, to the best of their knowledge and
belief, the cost and pricing data submitted under (a) above are
accurate, complete, and current as of the date of the execution, which
date shall be as close as possible to the date of agreement on the
negotiated price of the subcontract or subcontract change or
modification.
(c) The Contractor shall insert the substance of this clause
including this paragraph (c) in each of its cost-reimbursement type,
time and material, labor-hour, price redeterminable, or incentive
subcontracts hereunder, and in any other subcontract hereunder which
exceeds $100,000 unless the price thereof is based on adequate price
competition, established catalog or market prices of commercial items
sold in substantial quantities to the general public, or prices set by
law or regulation. In each such expected subcontract hereunder which
exceeds $100,000, the Contractor shall insert the substance of the
following clauses:
(a) Paragraphs (b) and (c) of this clause shall become operative only
with respect to any change or other modification made pursuant to one or
more provisions of this contract which involves a price adjustment in
excess of $100,000. The requirements of this clause shall be limited to
such price adjustments.
(b) The Contractor shall require subcontractors hereunder to submit
cost or pricing data under the following circumstances:
(1) Prior to award of any cost-reimbursement type, time and material,
labor-hour, incentive, or price redeterminable subcontract, the price of
which is expected to exceed $100,000; and
(2) Prior to award of any other subcontract, the price of which is
expected to exceed $100,000, or to the pricing of any subcontract change
or other modification for which the price adjustment is expected to
exceed $100,000, where the price or price adjustment is not based on
adequate price competition, established catalog or market prices of
commercial items sold in substantial quantities to the general public,
or prices set by law or regulation.
(c) The Contractor shall require subcontractors to certify, in
substantially the same form as that used in the Certificate by the Prime
Contractor to the Government, that, to the best of their knowledge and
belief, the cost and pricing data submitted under (b) above are
accurate, complete, and current as of the date of the execution, which
date shall be as close as possible to the date of agreement on the
negotiated price of the contract modification.
(d) The Contractor shall insert the substance of this clause
including this paragraph (d) in each subcontract hereunder which exceeds
$100,000.
(a) Any officer, director, agent, employee or such other person
connected in any capacity with this contract or any subcontract
thereunder that embezzles, willfully misapplies, steals or obtains by
fraud any of the money, funds, assets or property provided through the
contract shall be fined not more than $10,000 or imprisoned for more
than two years, or both; Provided, That if the amount embezzled,
misapplied, stolen, or obtained by fraud does not exceed $100, such
person shall be fined not more than $1,000 or imprisoned not more than
one year, or both.
(b) The Contractor agrees to insert the clause in all subcontracts.
(a) Nothing in this contract shall be construed as:
(1) Affecting, modifying, diminishing, or otherwise impairing the
sovereign immunity for suit enjoyed by an Indian tribe; or,
(2) Authorizing or requiring the termination of any existing trust
responsibility of the United States with respect to the Indian people.
Supply Sources
Indian tribal organizations which are awarded cost-reimbursement type
contracts under the Indian Self-Determination Act, may be authorized to
utilize GSA supply sources. The following clause will be inserted in
all cost-reimbursement type contracts under which the Contractor may be
authorized to acquire items for the account of the Government from GSA
supply sources:
The Contracting Officer may issue the Contractor an authorization to
utilize General Services Administration supply sources for property to
be used in the performance of this contract. Title to all property
acquired by the Contractor under such an authorization shall vest in the
Government, (1) unless otherwise specifically provided in the contract,
(2) unless otherwise provided in the Government Property clause of this
contract, or (3) in the absence of both the conditions in (1) and (2) of
the clause. However, such property shall not be considered to be
''Government-furnished property.''
(b) Insert the following clauses in fixed price contracts awarded
under the Indian Self-Determination Act as described in Subpart PHS
380.4:
As used throughout this contract, the following terms shall have the
meanings set forth below:
(a) The term ''Secretary'' means the Secretary, the Under Secretary,
or any Assistant Secretary of the Department of Health and Human
Services and the term ''his/her duly authorized representative'' means
any person or persons or board (other than the Contracting Officer)
authorized to act for the Secretary.
(b) The term ''Contracting Officer'' means the person executing this
contract on behalf of the Government, and any other officer or employee
who is properly designated Contracting Officer; and the term includes,
except as otherwise provided in this contract, the authorized
representative of the Contracting Officer acting within the limits of
his/her authority.
(c) The term ''Department'' means the Department of Health and Human
Services (HHS).
(d) The term ''constituent agency'' means the agency of the
Department responsible for the administration of this contract.
(e) Except as otherwise provided in this contract, the term
''subcontract'' includes purchase orders under this contract.
(f) The term ''Project Officer'' means the person representing the
Government for the purpose of technical direction of contract
performance. The Project Officer is not authorized to issue any
instructions or directions which effect any increase or decrease in the
cost of this contract or which change the period of this contract.
(a) Except as otherwise provided in this contract, any dispute
concerning a question of fact arising under this contract which is not
disposed of by agreement shall be decided by the Contracting Officer,
who shall reduce his/her decision to writing and mail or otherwise
furnish a copy thereof to the Contractor. The decision of the
Contracting Officer shall be final and conclusive unless, within 30 days
from the date of receipt of such copy, the Contractor mails or otherwise
furnishes to the Contracting Officer a written appeal addressed to the
Secretary. The decision of the Secretary or his/her duly authorized
representative for the determination of such appeals shall be final and
conclusive unless determined by a court of competent jurisdiction to
have been fraudulent, or capricious, or arbitrary, or so grossly
erroneous as necessarily to imply bad faith, or not supported by
substantial evidence. In connection with any appeal proceeding under
this clause, the Contractor shall be afforded an opportunity to be heard
and to offer evidence in support of its appeal. Pending final decision
of a dispute hereunder, the Contractor shall proceed diligently with the
performance of the contract and in accordance with the Contracting
Officer's decision.
(b) This ''Disputes'' clause does not preclude consideration of law
questions in connection with decisions provided for in paragraph (a)
above; Provided, That nothing in this contract shall be construed as
making final the decision of any administrative official,
representative, or board on a question of law.
Act -- Overtime Compensation (June 1977)
This contract, to the extent it is of a character specified in the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330), is
subject to the following provisions and exceptions of such Act and the
regulations of the Secretary of Labor thereunder.
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit
any laborer or mechanic in any workweek in which he/she is employed on
such work to work in excess of eight hours in any calendar day or in
excess of forty hours in such workweek on work subject to the provisions
of the Contract Work Hours Standard Act unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times
his/her basic rate of pay for all such hours worked in excess of eight
hours in any calendar day or in excess of forty hours in such workweek,
whichever is the greater numbers of overtime hours.
(b) Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the provisions of paragraph (a), the
Contractor and any subcontractor responsible therefor shall be liable to
any affected employee for his/her unpaid wages. In addition, such
Contractor and subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed in violation of
the provisions of paragraph (a) at the sum of $10 for each calendar day
on which such employee was required or permitted to be employed on such
work in excess of eight hours or in excess of the standard workweek of
forty hours without payment of the overtime wages required by paragraph
(a).
(c) Withholding for unpaid wages and liquidated damages. The
Contracting Officer may withhold from the Government Prime Contractor,
from any moneys payable on account of work performed by the Contractor
or subcontractor, such sums as may administratively be determined to be
necessary to satisfy any liabilities of such Contractor or subcontractor
for unpaid wages and liquidated damages as provided in the provisions of
paragraph (b).
(d) Subcontracts. The Contractor shall insert paragraphs (a) through
(d) of this clause in all subcontracts, and shall require their
inclusion in all subcontracts of any tier.
(e) Records. The Contractor shall maintain payroll records
containing the information specified in 29 CFR 516.2(a). Such records
shall be preserved for three years from the completion of the contract.
This requirement does not apply where the tribal contractor is the
governing body of the Tribe and the work is being performed by the
tribal organization or Tribe with its own regular employees.
1977)
If this contract is for the manufacture or furnishing of materials,
supplies, articles, or equipment in an amount which exceeds or may
exceed $10,000 and is otherwise subject to the Walsh-Healey Public
Contracts Act, as amended (41 U.S. Code 34-45), there are hereby
incorporated by reference all representations and stipulations required
by the Secretary of Labor, such representations and stipulations being
subject to all applicable rulings and interpretations of the Secretary
of Labor which are now or may hereafter be in effect. This requirement
does not apply where the tribal contractor is the governing body of the
Tribe and the work is being performed by the tribal organization or
Tribe with its own regular employees.
In connection with the performance of work under this contract, the
Contractor agrees not to employ any person undergoing sentence of
imprisonment at hard labor except as provided by Public Law 89-176,
September 10, 1965 (18 U.S.C. 4082(c)(2) and Executive Order No. 11755,
December 29, 1973.
1977)
Whenever the Contractor has knowledge that any actual or potential
situation is delaying or threatens to delay the timely performance of
this contract, the Contractor shall within ten days give notice thereof,
including all relevant information with respect thereto, to the
Contracting Officer.
(a) Pursuant to the provisions of the Assignment of Claims Act of
1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this contract
provides for payment aggregating $1,000 or more, claims for moneys due
or to become due the Contractor from the Government under this contract
may be assigned to a bank, trust company, or other financing
institution, including any Federal lending agency, and may thereafter be
further assigned and reassigned to any such institution. Any such
assignment or reassignment shall cover all amounts payable under this
contract and not already paid, and shall not be made to more than one
party, except that any such assignment or reassignment may be made to
one party as agent or trustee for two or more parties participating in
such financing. Unless otherwise provided in this contract payments to
assignee of any moneys due or due to become due under this contract
shall not, to the extent provided in said Act, as amended, be subject to
reduction or setoff. (The preceding sentence applies only if this
contract is made in time of war or national emergency as defined in said
Act and is with the Department of Defense, the General Services
Administration, the Atomic Energy Commission, the National Aeronautics
and Space Administration, the Federal Aviation Agency, or any other
department or agency of the United States designated by the President
pursuant to Clause 4 of the proviso of section 1 of the Assignment of
Claims Act of 1940, as amended by the Act of May 15, 1951, 65 Stat.
41).
(b) In no event shall copies of this contract or of any plans,
specifications, or other similar documents relating to work under this
contract, if marked ''Top Secret,'' ''Secret,'' or ''Confidential,'' be
furnished to any assignee of any claim arising under this contract or to
any other person not entitled to receive the same. However, a copy of
any part or all of this contract so marked may be furnished, or any
information contained therein may be disclosed, to such assignee upon
the prior written authorization of the Contracting Officer.
No member of or delegate to Congress, or resident commissioner, shall
be admitted to any share or part of this contract, or to any benefit
that may arise therefrom; but this provision shall not be construed to
extend to this contract if made with a corporation for its general
benefit.
(a) Public Law 86-695, September 2, 1960 (41 U.S.C. 51-54) among
other things, prohibits the payment, directly or indirectly, by or on
behalf of a subcontractor in any tier under any Government negotiated
contract of any fee, gift, or gratuity to the prime contractor or any
officer, agent, partner or employee thereof, as an inducement or
acknowledgement for the award of a subcontract or order.
(b) The provisions of Public Law 86-695 are applicable this contract
and any subcontracts entered into under the contract.
Any officer, director, agent, employee or such other person connected
in any capacity with this contract or any subcontract thereunder that
embezzles, willfully misapplies, steals or obtains by fraud any of the
money, funds, assets or property provided through the contract shall be
fined not more than $10,000 or imprisoned for not more than two years,
or both; Provided, That if the amount embezzled, misapplied, stolen, or
obtained by fraud does not exceed $100, such person shall be fined not
more than $1,000 or imprisoned not more than one year, or both.
(b) The Contractor agrees to insert this clause in all subcontracts.
(a) In acquiring end products, the Buy American Act (41 U.S. Code
10a-d) provides that the Government give preference to domestic source
end products. For the purpose of this clause:
(i) ''Components'' means those articles, materials, and supplies,
which are directly incorporated in the end products;
(ii) ''End products'' means those articles, materials, and supplies,
which are to be acquired under this contract for public use; and
(iii) ''A domestic source end product'' means (A) an unmanufactured
end product which has been mined or produced in the United States and
(B) an end product manufactured in the United States if the cost of the
components thereof which are mined, produced, or manufactured in the
United States exceeds 50 percent of the cost of all its components. For
the purposes of this (a)(iii)(B), components of foreign origin of the
same type or kind as the products referred to in (b) (ii) or (iii) of
this clause shall be treated as components mined, produced, or
manufactured in the United States.
(b) The Contractor agrees that there will be delivered under this
contract only domestic source end products, except end products:
(i) Which are for use outside the United States;
(ii) Which the Government determines are not mined, produced, or
manufactured in the United States in sufficient and reasonably available
commercial quantities and of a satisfactory quality;
(iii) As to which the Secretary determines the domestic preference to
be inconsistent with the the public interest; or
(iv) As to which the Secretary determines the cost to the Government
to be unreasonable. (The foregoing requirements are administered in
accordance with Executive Order No. 10582, dated December 17, 1954).
Subject to the Indian preference requirements of Clause 17, during
the performance of this contract the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or national
origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national
origin. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination, rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the Contracting Officer setting forth the provisions of this
Equal Opportunity clause.
(b) The Contractor will, in all solicitations or advertisement for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, creed, color, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
Contracting Officer, advising the labor union or workers representative
of the Contractor's commitments under this Equal Opportunity clause, and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(d) The Contractor will comply with all provisions of Executive Order
No. 11246 of Sepember 24, 1965, and of the rules, regulations and
relevant orders of the Secretary of Labor.
(e) The Contrator will furnish all information and reports required
by executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to its books, records, and accounts by the
contracting agency and the secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
(f) In the event of the Contractor's noncompliance with the Equal
Opportunity clause of this contract or with any of the said rules,
regulations, or orders, this contract may be cancelled, terminated, or
suspended, in whole or in part, and the Contractor may be declared
ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(g) The Contractor will include the provisions of paragraphs (a)
through (g) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order No. 11246 of September 24, 1965, so
that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontract or
purchase order as the contracting agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, That in the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the Contractor may
request the United States to enter into such litigation to protect the
interests of the United States.
(June 1977)
By signing the contract the Contractor certifies that it does not
maintain or provide for its employees any segregated facilities at any
of its establishments, and that it does not permit its employees to
perform their services at any location, under its control, where
segregated facilities are maintained. It certifies further that it will
not maintain or provide for its employees any segregated facilities at
any of its establishments, and that it will not permit its employees to
perform their services at any location, under its control, where
segregated facilities are maintained. The Contractor agrees that a
breach of this certification is a violation of the Equal Opportunity
clause in this contract. As used in this certification, the term
''Segregated facilities'' means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees which are segregated by
explicit directive or are in fact segregated on the basis of race,
color, religion, or national origin, because of habit, local custom, or
otherwise. It futher agrees that (except where it has obtained
identical certification from proposed subcontractors for specific time
periods) it will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity
clause; that it will retain such certifications in its files; and that
it will forward the following notice to such proposed subcontractors
(except where the proposed subcontractors have submitted identical
certifications for specific time periods):
Notice to prospective subcontractors of requirement for
certifications of nonsegregated facilities. A certification of
Nonsegregated Facilities must be submitted prior to the award of a
subcontract exceeding $10,000 which is not exempt from the provisions of
the Equal Opportunity clause. The certification may be submitted either
for each subcontract or all subcontracts during a period (i.e.,
quarterly, semiannually, or annually).
The Contractor shall not enter into subcontracts for any of the work
contemplated under this contract without obtaining the prior written
approval of the Contracting Officer and subject to such conditions and
provisions as he/she may deem necessary, in his/her discretion, to
protect the interests of the Government: Provided, however, That
notwithstanding the foregoing, unless otherwise provided herein, such
prior written approval shall not be required for the purchase by the
Contractor of articles, supplies, equipment and services which are both
necessary for and merely incidental to the performance of the
requirements under this contract; Provided, further, however, That the
aforesaid right of Contractor to engage such services shall in no event
be construed to permit the Contractor to subcontract with a third-party
for the performance of any major function contemplated under this
contract to be performed by the Contractor, and Provided, further,
however, That no provision of this clause and no such approval by the
Contracting Officer of any subcontract shall be deemed in any event or
in any manner to provide for the incurrence of any obligation of the
Government in addition to the total contract price.
1977)
The Contractor agrees to select subcontractors on a competitive basis
to the maximum practical consistent with the objectives and requirements
of this contract.
1977)
(a) As used in this clause, the term, ''Indian business concern''
means Indian organizations or an Indian-owned economic enterprise as
defined in 42 CFR 36.204(i).
(b) The Contractor agrees to give preference to qualified Indian
business concerns in the awarding of any subcontracts entered into under
the contract consistent with efficient performance of the contract. The
Contractor shall comply with any preference requirements regarding
Indian business concerns established by the tribe(s) receiving services
under the contract to the extent that such requirements are consistent
with the purpose and intent of this paragraph.
(c) If no Indian business concerns are available under the conditions
in paragraph (b) above, the Contractor agrees to accomplish the maximum
amount of subcontracting, as the Contractor determines is consistent
with its efficient performance of the contract, with small business
concerns, labor surplus area concerns or minority business enterprises,
the definitions for which are contained in Subparts 1-1.7, 1-1.8, and
1-1.13 of the Federal Procurement Regulations. The Contractor is not,
however, required to establish a small business, labor surplus, or
minority business subcontracting program as described in sections
1-1.710-3(b), 1-1.805-3(b), and 1-1.1310-2(b), respectively of the
Federal Procurement Regulations (41 CFR Chapter 1).
Employment (June 1977)
(a) The Contractor shall give preference in employment for all work
performed under the contract, including subcontracts thereunder, to
qualified Indians regardless of age, religion, or sex, and to the extent
feasible consistent with the efficient performance of the contract,
provide employment and training opportunities to Indians, regardless of
age, religion, or sex, that are not fully qualified to perform under the
contract. The Contractor shall comply with any Indian preference
requirements established by the tribe receiving services under the
contract to the extent that such requirements are consistent with the
purpose and intent of this paragraph.
(b) If the Contractor or any of its subcontractors is unable to fill
its employment openings after giving full consideration to Indians as
required in paragraph (a) above, these employment openings may then be
filled by other than Indians under the conditions set forth in the Equal
Opportunity clause of this contract.
(c) The Contractor agrees to include this clause or one similar
thereto in all subcontracts issued under this contract.
The Government, through any authorized representatives, has the
right, at all reasonable times, to inspect, or otherwise evaluate the
work performed or being performed hereunder and the premises in which it
is being performed. If any inspection, or evaluation is made by the
Government on the premises of the Contractor or a subcontractor, the
Contractor shall provide and shall require its subcontractors to provide
all reasonable facilities and assistance for the safety and convenience
of the Government representatives in the performance of their duties.
All inspections and evaluations shall be performed in such a manner as
will not unduly delay the work.
The Contracting Officer may at any time, with the consent of the
Contractor, by a written order, and without notice to the sureties, if
any, make changes, within the general scope of this contract, in any one
or more of the following (i) drawings, designs, or specifications, (ii)
place of inspection, delivery, or acceptance, and (iii) the amount of
Government-furnished property. If any such change causes an increase or
decrease in the cost of, or the time required for performance of, this
contract, or otherwise affects any other provisions of this contract,
whether changed or not changed by any such order, an equitable
adjustment shall be made (i) in the contract price or time of
performance, or both, and (ii) in such provisions of the contract as may
be so affected, and the contract shall be modified in writing
accordingly. Any claim by the Contractor for adjustment under this
clause must be asserted within thirty (30) days from the date of receipt
by the Contractor of the notification of change; Provided, however,
That the Contracting Officer, if he/she decides that the facts justify
such action, may receive and act upon any such claim asserted at any
time prior to final payment under this contract. Where the cost of
property made obsolete or excess as a result of a change is included in
the Contractor's claim for adjustment, the Contracting Officer shall
have the right to prescribe the manner of disposition of such property.
Failure to agree to any adjustment shall be a dispute concerning a
question of fact within the meaning of the clause of this contract
entitled ''Disputes.'' However, nothing in this clause shall excuse the
Contractor from proceeding with the contract as changed.
(a) The Indian tribe that initially requested this contract may also
request its retrocession, notwithstanding the fact that the Contractor
may be a tribal organization other than the Tribe.
(b) Should the Tribe request retrocession of the contract and the
Contractor is other than the Tribe, the Contracting Officer will notify
the Contractor of the request and in consultation with the Tribe and the
Contractor establish the effective date of the retrocession. The
retrocession will become effective no later than 120 days after the
Contracting Officer receives the Tribe's request unless the Tribe and
the Contracting Officer mutually agree on a later date.
(c) Immediately after receipt of the request for retrocession and
where applicable notifying the Contractor, the Contracting Officer will
meet with the Contractor and, where applicable, the tribal governing
body or bodies mutually agree to:
(1) A plan for the orderly transfer of responsibilities;
(2) A plan for inventorying materials and supplies on hand;
(3) An accounting for funds, including but not limited to current and
anticipated obligations;
(4) The cost of operation until retrocession; and,
(5) The identification of all records relating to the contract and
the contracted function.
Programs (June 1977)
(a) When the Contracting Officer determines that the performance of a
Contractor under these regulations involves (1) the violation of the
rights or endangerment of the health, safety, or welfare of any person,
or (2) gross negligence or the mismanagement in the handling or use of
funds under the contract, the Contracting Officer will, in writing,
notify the Contractor of such determination and will request that the
Contractor take such corrective action within such period of time as the
Secretary may prescribe.
(b) When the Director or his/her delegate determines that a
Contractor has not taken corrective action (as prescribed by him/her
under paragraph (a) of this section) to his/her satisfaction, he/she
may, after the Contractor has been provided an opportunity for a hearing
in accordance with paragraph (c) of this section, rescind the contract
in whole or in part and, if he/she deems it appropriate, assume or
resume control or operation of the program, activity, or service
involved.
(c)(1) When the Director or his/her delegate has made a determination
described in paragraph (b) of this section, he/she shall in writing
notify the Contractor of such determination and of the Contractor's
right to request a review of such determination and of the determination
described in paragraph (a) of this section. Such notification by the
Director or his/her delegate shall set forth the reasons for the
determination in sufficient detail to enable the Contractor to respond
and shall inform the Contractor of its rights to a hearing on the record
before a Contract Appeals Board described in paragraph (d) of this
section. Upon the request of the Contractor for a hearing, the Board,
established pursuant to paragraph (d) of this section, shall in writing
within 10 days of the establishment notify the Contractor of the time,
place and date of the hearing which will be held not later than 45 days
after the request for a hearing.
(2) Where the Director or his/her delegate determines that a
Contractor's performance under a contract awarded under this subpart
poses an immediate threat to the safety of any person, he/she may
immediately rescind the contract in whole or in part and, if he/she
deems it appropriate, assume or resume control or operation of the
program, activity, or service involved. Upon such a decision he/she
will immediately notify the Contractor of such action and the basis
therefor; and offer the Contractor an opportunity for a hearing on the
record before the Contract Appeals Board established pursuant to
paragraph (d) of this section to be held within 10 days of each action.
(d)(1) The Contract Appeals Board shall be composed of 3 persons
appointed by the Director, Indian Health Service. Such persons may not
be selected from the immediate office of any person participating in the
determinations at issue. The Board shall afford the Contractor the
right:
(i) To notice of the issues to be considered;
(ii) To be represented by counsel;
(iii) To present witnesses on contractor's behalf;
(iv) To cross-examine other witnesses either orally or through
written interrogation; and
(v) To compel the appearance of Indian Health Service personnel or to
take depositions of such persons at reasonable times and places.
(2) The Contract Appeals Board shall make an initial written decision
which shall become final within 20 days unless the Director, Indian
Health Service or his/her representative modifies or reverses the
decision. Any such decision by the Director of the Indian Health
Service or his/her representative shall be in writing, shall be specific
as to the reasons for such decision, and shall be considered final.
(3) Where Board is considering issues arising under paragraph (2) of
this section, the Board shall within 25 days after the conclusion of the
hearing, notify all parties in writing of its decision.
(e) In any case where the officer has rescinded a contract under
paragraphs (b) or (c) of this section, he/she may decline to enter into
a new contract agreement with the Contractor until such time as he/she
is satisfied that the basis for the rescission has been corrected.
Nothing in this section shall be construed as contravening the
Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended
(29 U.S.C. 651).
Claims (June 1977)
(a) If an appeal is filed by the Contractor from a final decision of
the Contracting Officer under the Disputes clause of this contract,
denying a claim arising under the contract, simple interest on the
amount of the claim finally determined owed by the Government shall be
payable to the Contractor. Such interest shall be at the rate
determined by the Secretary of the Treasury pursuant to Public Law
92-41, 85 Stat. 97, from the date the Contractor furnished to the
Contracting Officer his written appeal under the Disputes clause of this
contract, to the date of (1) a final judgment by a court of competent
jurisdiction, or (2) mailing to the Contractor of a supplemental
agreement for execution either confirming completed negotiations between
the parties or carrying out a decision of a board of contract appeals.
(b) Notwithstanding (a), above, (1) interest shall be applied only
from the date payment was due, if such date is later than the filing of
appeal, and (2) interest shall not be paid for any period of time that
the Contracting Officer determines the Contractor has unduly delayed in
pursuing its remedies before a board of contract appeals or a court of
competent jurisdiction.
1977)
(a) The Government shall deliver to the Contractor, for use in
connection with and under the terms of this contract, the property
described elsewhere in this contract, together with such related data
and information as the Contractor may request and as may reasonably be
required for the intended use of such property (hereinafter referred to
as ''Government-Furnished Property''). The delivery or performance
dates for the supplies or services to be furnished by the Contractor
under this contract are based upon the expectation that
Government-Furnished Property suitable for use will be delivered to the
Contractor at the times stated elsewhere in this contract or, if not so
stated, in sufficient time to enable the Contractor by such time or
times, to meet such delivery or performance dates. In the event that
Government-Furnished Property is not delivered to the Contractor to meet
such delivery or performance dates, the Contracting Officer shall, upon
timely written request made by the Contractor, make a determination of
the delay occasioned the Contractor and shall equitably adjust the
delivery or performance dates, or the contract price, or both, and any
other contractual provision affected by the delay. In the event that
Government-Furnished Property is received by the Contractor in a
condition not suitable for its intended use, the Contractor shall, upon
receipt thereof, notify the Contracting Officer of such fact and, as
directed by the Contracting Officer, either (1) return such property at
the Government's expense or otherwise dispose of such property, or (2)
effect repairs or modifications. Upon completion of (1) or (2) above,
the Contracting Officer upon timely written request of the Contractor
shall equitably adjust the delivery or performance dates of the contract
price, or both, and any other contractual provision effected by the
return, disposition, repair, or modification. The foregoing provisions
for adjustment are exclusive and the Government shall not be liable to
suit for breach of contract by reason of any delay in delivery of
Government-Furnished Property or delivery of such property in a
condition not suitable for its intended use.
(b) By notice in writing the Contracting Officer may decrease the
property furnished or to be furnished by the Government under this
contract. In any such case, the Contracting Officer upon timely written
request of the Contractor shall equitably adjust the delivery or
performance date or the contract price, or both, and any other
contractual provisions affected by the decrease.
(c) Title to the Government-Furnished Property shall remain in the
Government. Title to Government-Furnished Property shall not be
affected by the incorporation or attachment thereof to any property not
owned by the Government, nor shall such Government-Furnished Property,
or any part thereof, be or become a fixture or lose its identity as
personality by reason of affixation to any realty.
(d) The Government-Furnished Property, unless otherwise specifically
provided herein, and except as otherwise approved or directed by the
Contracting Officer in writing, shall be used exclusively for the
performance of this contract.
(e) The Contractor shall maintain and administer, in accordance with
sound business practice, a program for the maintenance, repair,
protection and preservation of Government-Furnished Property, until
disposed of by the Contractor in accordance with this clause. In the
event that any damage occurs to Government-Furnished Property the risk
of which has been assumed by the Government under this contract, the
Government shall replace such items or the Contractor shall make such
repair of the property, as the Government directs; Provided, however,
That if the Contractor cannot effect such repair within the time
required, the Contractor may reject such property. The contract price
includes no compensation to the Contractor for the performance of any
repair or replacement for which the Government is responsible; and an
equitable adjustment will be made in the contract price for any such
repair or replacement of Government-Furnished Property made at the
direction of the Government. Any repair or replacement for which the
Contractor is responsible under the provisions of this contract shall be
accomplished by the Contractor at its own expense.
(f) The Contractor also agrees to maintain and administer, in
accordance with sound business practice, a property control system which
will provide the following: Contract number; nomenclature of item;
quantity received; issued; and balance on hand; posting reference to
include date received, issued unit price and location; marking or
identification of item; adequate maintenance, storage, and security of
Government-Furnished Property, until disposed of by the Contractor in
accordance with this clause. The Contractor further agrees to receipt
promptly for all Government property in a form and manner as prescribed
by the Contracting Officer.
(g) The Contractor agrees to make available to authorized
representatives of the Contracting Officer at all reasonable times at
the office of the Contractor all of its property records under this
contract, and access to any premises where any of the
Government-Furnished Property is located.
(h) (i) The Contractor shall not be liable for any loss or damage to
the Government-Furnished Property, or for expenses incidental to such
loss or damage except that the Contractor shall be liable for any such
loss or damage (including expenses incidental thereto):
(A) Which results from willful misconduct or lack of good faith on
the part of any of the Contractor's directors or officers, or on the
part of any of its managers, superintendents, or other equivalent
representatives who have supervision or direction of all or
substantially all of the Contractor's business, or all or substantially
all of the Contractor's operations at any one plant, laboratory, or
separate location in which this contract is being performed; or
(B) Which results from a failure on the part of the Contractor, due
to the willful misconduct or lack of good faith on the part of any of
its directors, officers, or other representatives mentioned in
subparagraph (A) above, to maintain and administer, in accordance with
sound business practice, the program for maintenance, repair, protection
and preservation of Government-Furnished Property as required by
subparagraph (e) above; or
(C) For which the Contractor is otherwise responsible under the
express terms of the clause or clauses designated in this contract; or
(D) Which results from a risk expressly required to be insured under
some other provision of this contract, or of the schedules or task
orders thereunder, but only to the extent of the insurance so required
to be procured and maintained or to the extent of insurance actually
procured and maintained, whichever is greater; or
(E) Which results from a risk which is in fact covered by insurance
or for which the Contractor is otherwise reimbursed but only to the
extent of such insurance or reimbursement; Provided, That, if more than
one of the above exceptions shall be applicable in any case, the
Contractor's liability under any one exception shall not be limited by
any other exception.
(ii) The Contractor represents that it is not including the price
hereunder, and agrees that it will not hereafter include in any price to
the Government, any charge or reserve for insurance (including
self-insurance funds or reserves) covering loss or destruction of or
damage to the Government-Furnished Property, except the extent that the
risk of loss is imposed on the Contractor under (i)(C) above, or
insurance has been required under (i)(D) above.
(iii) Upon the happening of loss or destruction of or damage to any
Government-Furnished Property, the Contractor shall notify the
Contracting Officer thereof and shall take all reasonable steps to
protect the Government-Furnished Property from further damage, separate
the damaged and undamaged Government-Furnished Property in the best
possible order, and furnish to the Contracting Officer a statement of:
(A) The lost, destroyed and damaged Government-Furnished Property;
(B) The time and origin of the loss, destruction or damage;
(C) All known interest in commingled property of which the
Government-Furnished Property is a part; and
(D) The insurance, if any, covering any part of or interest in such
commingled property.
The Contractor shall be reimbursed for the expenditures made by it in
performing its obligations under the subparagraph (iii), to the extent
approved by the Contracting Officer and set forth in a supplemental
agreement or amendment to this contract.
(iv) With the prior written approval of the Contracting Officer after
loss or destruction of or damage to Government-Furnished Property, and
subject to such conditions and limitations as may be imposed by the
Contracting Officer, the Contractor may, in order to minimize the loss
to the Government or in order to permit resumption of business or the
like, sell for the account of the Government any item of
Government-Furnished Property which has been damaged beyond practicable
repair, or which is so commingled or combined with property of other,
including the Contractor, that separation is impracticable.
(v) Except to the extent of any loss or destruction of or damage to
Government-Furnished Property for which the Contractor is relieved of
liability under the foregoing provisions of this clause, and except for
reasonable wear and tear or depreciation, or the utilization of the
Government-Furnished Property in accordance with the provisions of this
contract, the Government-Furnished Property (other than property
permitted to be sold) shall be returned to the Government in as good
condition as when received by the Contractor in connection with this
contract, or as repaired under paragraph (e) above.
(vi) In the event the Contractor is reimbursed or compensated for any
loss or destruction of or damage to the Government-Furnished Property,
it shall equitably reimburse the Government. The Contractor shall do
nothing to prejudice the Government's rights to recover against third
parties for any such loss, destruction or damage and, upon the request
of the Contracting Officer shall at the Government's expense, furnish to
the Government all reasonable assistance and cooperation (including
assistance in the prosecution of suit and the execution of instruments
of assignment in favor of the Government) in obtaining recovery.
(i) Upon completion or expiration of this contract, any Government
property which has not been consumed in the performance of this contract
or which has not been previously disposed of in accordance with the
provisions of this clause, or for which the Contractor has not otherwise
been relieved of responsibility, shall be disposed of as the Contracting
Officer may direct. The Contractor shall in no way be relieved of
responsibility for Government property without the prior written
approval of the Contracting Officer.
(j) If the Contracting Officer determines that the interests of the
Government require removal of any Government-Furnished Property, or if
the Contractor determines any Government-Furnished Property to be in
excess of its need under this contract such Government-Furnished
Property shall be disposed of in the same manner as covered by paragraph
(i) above. In the event that the Contracting Officer requires the
removal of any Government-Furnished Property under this paragraph (j) or
paragraph (i) above, upon timely written request of the Contractor, an
equitable adjustment shall be made in the contract price to cover the
direct cost to the Contractor of such removal and of any property damage
occasioned thereby.
Comptroller General (June 1977)
(a) The Contractor agrees that the Comptroller General of the United
States or any of his/her duly authorized representatives shall, until
expiration of 3 years after final payment under this contract, or of the
time periods for the particular records specified in Part 1-20 of the
Federal Procurement Regulations (41 CFR Part 1-20), whichever expires
earlier, have access to and the right to examine any directly pertinent
books, documents, papers, and records of the Contractor involving
transactions related to this contract.
(b) The Contractor further agrees to include in all its subcontracts
hereunder a provision to the effect that the subcontractor agrees that
the Comptroller General of the United States or any of his/her duly
authorized representatives shall, until expiration of 3 years after
final payment under the subcontract, or of the time periods for the
particular records specified in Part 1-20 of the Federal Procurement
Regulations (41 CFR Part 1-20), whichever expires earlier, have access
to and the right to examine any directly pertinent books, documents,
papers, and records of such subcontractor, involving transactions
related to the subcontract. The term ''subcontract'' as used in this
clause excludes (1) purchase orders not exceeding $2,500 and (2)
subcontracts or purchase orders for public utility services at rates
established for uniform applicability to the general public.
(a) The Contractor shall indemnify and save and keep harmless the
Government against any or all loss, cost, damage, claim, expense or
liability whatsoever, because of accident or injury to persons or
property or others occurring in connection with any program including as
a part of this contract, by providing where applicable, the insurance
described below:
(b) The Contractor shall secure, pay the premium for, and keep in
force until the expiration of this contract, or any renewal period
thereof, insurance as provided below. Such insurance policies shall
specifically include a provision stating the liability assumed by the
Contractor under this contract.
(1) Workman's compensation insurance as required by laws of the
state.
(2) Owner's, landlord's, and tenant's bodily injury liability
insurance with limits of not less than $50,000 for each person and
$500,000 for each accident.
(3) Property damage liability insurance with limits of not less than
$25,000 for each accident.
(4) Automobile bodily injury liability insurance with limits of not
less than $50,000 for each person, and $500,000 for each accident and
property damage liability insurance with a limit of not less than $5,000
for each accident.
(5) Food products liability insurance with limits of not less than
$50,000 for each person and $500,000 for each accident.
(6) Professional malpractice insurance where medical, dental, or
other health professional services are involved.
(7) Other liability insurance not specifically mentioned when
required.
(c) Each policy of insurance shall contain an endorsement providing
that cancellation by the insurance company shall not be effective unless
a copy of the cancellation is mailed (registered) to the Contracting
Officer 30 days prior to the effective date of cancellation.
(d) A certificate of each policy of insurance, and any change
therein, shall be furnished to the Contracting Officer immediately upon
receipt from the insurance company.
(e) Insurance companies of the Contractor shall be satisfactory to
the Contracting Officer. When in his/her opinion an insurance company
is not satisfactory for reasons that will be stated, the Contractor
shall provide insurance through companies that are satisfactory to the
Contracting Officer.
(f) Each policy of insurance shall contain a provision that the
insurance carrier waives any rights it may have to raise as a defense
the tribe's sovereign immunity from suit, but such waiver shall extend
only to claims the amount and nature of which are within the coverage
and limits of the policy of insurance. The policy shall contain no
provision, either expressed or implied, that will serve to authorize or
empower the insurance carrier to waive or otherwise limit the tribe's
sovereign immunity outside or beyond the coverage and limits of the
policy or insurance.
People (June 1977)
(a) The Contractor agrees to make no discriminatory distinctions
among Indian patients or beneficiaries of this contract. For the
purpose of this contract discriminatory distinctions include but are not
limited to the following:
(i) Denying a patient any service or benefit or availability of a
facility;
(ii) Providing any service or benefit to a patient which is
different, or is provided in a different manner or at a different time
from that provided to other patients under this contract; subjecting a
patient to segregation or separate treatment in any manner related to
his/her receipt of any service; restricting a patient in any way in the
enjoyment of any advantage or privilege enjoyed by others receiving any
service or benefit; treating a patient differently from others in
determining whether he/she satisfies any admission, enrollment, quota,
eligibility membership, or other requirements or conditions which
individuals must meet in order to be provided any service or benefit;
the assignment of times or places for the provision of services on the
basis of discriminatory distinctions which may be made of the patients
to be served.
(b) The Government reserves the right to terminate this contract in
whole or in part whenever the Contractor fails to comply with the
requirements of this clause.
Reports (June 1977)
(a) The Contractor, as a recipient of Federal financial assistance,
shall make reports and information available to the Indian people
serviced or represented by the Contractor. Such reports will reflect
how the Federal assistance funds were utilized to the benefit of the
Indian people served or represented as follows: (specific reporting
requirements, formats and methods of distribution to the Indian people
will be prescribed in the scope of the contract.)
(b) Annual reports.
(1) For each fiscal year during which a tribal organization receives
or expends funds pursuant to the contract under this Part, the tribe
which requested the contract must submit a report to the Contracting
Officer. The report shall include, but not be limited to, an accounting
of the amounts and purposes for which the contract funds were expended
and information on the conduct of the program or services involved. The
report shall include any other information requested by the Contracting
Officer and may be submitted as follows:
(i) When the contract is with the governing body of an Indian tribe,
the tribe shall submit the reports to the Contracting Officer.
(ii) When the contract is with a tribal organization other than the
governing body of the tribe, the tribe has the option of having the
tribal organization prepare the report and submit it to the tribe for
review and approval before the tribe submits it to the Contracting
Officer.
(iii) When the contract benefits more than one tribe, the tribal
organization shall prepare and submit the report to each of the tribes
benefiting under the contract. Each tribe shall endorse the report
before submitting it to the Contracting Officer.
(2) The annual report shall be submitted to the Contracting Officer
within 90 days of the end of the fiscal year in which the contract was
performed. However, the period for submitting the report may be
extended if there is just cause for such extension.
(3) In addition to the yearly reporting requirement given in
paragraphs (a) and (b) of this section, the tribal contractor shall
furnish other reports when and as required by the Secretary.
In the event the performance of this contract involves the collection
of information upon identical items from 10 or more persons, other than
Federal employees, the Contractor shall obtain written approval from the
Contracting Officer, prior to the use thereof, of any forms, schedules,
questionnaires, survey plans or other documents, and any revisions
thereto, intended to be used in such collection.
Unless otherwise specified in this contract, the Contractor shall not
engage in, nor subcontract for, any printing (as that term is defined in
Title I of the Government Printing and Binding Regulations in effect on
the effective date of this contract) in connection with the performance
of work under this contract: Provided, however, That performance of a
requirement under this contract involvingthe reproduction of less than
5,000 production units of any one page, or less than 25,000 production
units in the aggregate of multiple pages, will not be deemed to be
printing. A production unit is defined as one sheet, size 8 by 10 and
1/2 inches, one side only, one color.
Pricing
The following clause applies to all contracts where cost and pricing
data is required in accordance with P.L. 87-653.
(a) If the Contracting Officer determines that any price negotiated
in connection with this contract or any cost reimbursable under this
contract was increased by any significant sums because the Contractor,
or any subcontractor pursuant to the clause of this contract entitled
''Subcontractor Cost, or Pricing Data'' or ''Subcontractor Cost or
Pricing Data -- Price Adjustments,'' or any subcontract clause therein
required, furnished incomplete or inaccurate cost or pricing data or
data not current as certified in its Contractor's Certificate of Current
Cost or Pricing Data, then such price or cost shall be reduced
accordingly and the contract shall be modified in writing to reflect
such reduction.
(b) Failure to agree on a reduction shall be a dispute concerning a
question of fact within the meaning of the ''Disputes'' clause of this
contract.
(Note: Since the contract is subject to reduction under this clause
by reason of defective cost or pricing data submitted in connection with
certain subcontracts, it is expected that the Contractor may wish to
include a clause in each such subcontract requiring the subcontractor to
appropriately indemnify the Contractor. It is also expected that any
subcontractor subject to such indemnification will generally require
substantially similar indemnification for defective cost or pricing data
required to be submitted by its lower tier subcontractors).
The following clause should be included in all contracts when the
subcontracts of the type and size described therein are contemplated.
(a) The Contractor shall require subcontractors hereunder to submit
in writing cost or pricing data under the following circumstances:
(1) Prior to award of any cost-reimbursed type, time and material,
labor-hour, incentive, or price redeterminable subcontract the price of
which is expected to exceed $100,000; and
(2) Prior to the award of any other subcontract, the price of which
is expected to exceed $100,000, or to the pricing of any subcontract
change or other modification for which the price adjustment is expected
to exceed $100,000, where the price or price adjustment is not based on
adequate price competition, established catalog or market prices of
commercial items sold in substantial quantities to the general public,
or prices set by law or regulation.
(b) The Contractor shall require subcontractors to certify,
substantially the same form as that used in the certificate by the Prime
Contractor to the Government, that, to the best of their knowledge and
belief, the cost and pricing data submitted under (a) above are
accurate, complete, and current as of the date of the execution, which
date shall be as close as possible to the date of agreement on the
negotiated price of the subcontract or subcontract change or
modification.
(c) The contractor shall insert the substance of this clause
including this paragraph (c) in each of its cost-reimbursement type,
time and material, labor-hour, price redeterminable, or incentive
subcontracts hereunder, and in any other subcontract hereunder which
exceeds $100,000 unless the price thereof is based on adequate price
competition, established catalog or market prices of commercial items
sold in substantial quantities to the general public, or prices set by
law or regulation. In each such excepted subcontract hereunder which
exceeds $100,000, the Contractor shall insert the substance of the
following clause:
(a) Paragraphs (b) and (c) of this clause shall become operative only
with respect to any change or other modification made pursuant to one or
more provisions of this contract which involves a price adjustment in
excess of $100,000. The requirements of this clause shall be limited to
such price adjustments.
(b) The Contractor shall require subcontractors hereunder to submit
cost or pricing data under the following circumstances:
(1) Prior to award of any cost-reimbursement type, time and material,
labor-hour, incentive, or price redeterminable subcontract, the price of
which is expected to exceed $100,000; and
(2) Prior to award of any other subcontract, the price of which is
expected to exceed $100,000, or to the pricing of any subcontract change
or other modification for which the price adjustment is expected to
exceed $100,000, where the price or price adjustment is not based on
adequate price competition, established catalog or market prices of
commercial items sold in substantial quantities to the general public,
or prices set by law or regulation.
(c) The Contractor shall require subcontractors to certify, in
substantially the same form as that used in the Certificate by the Prime
Contractor to the Government, that, to the best of their knowledge and
belief, the cost and pricing data submitted under (b) above are
accurate, complete, and current as of the date of the execution, which
date shall be as close as possible to the date of agreement on the
negotiated price of the contract modification.
(d) The Contractor shall insert the substance of this clause
including this paragraph (d) in each subcontract hereunder which exceeds
$100,000.
(a) Amount of Advance. At the request of the Contractor, and subject
to the conditions hereinafter set forth, the Government shall make an
advance payment, or advance payments from time to time, to the
Contractor. No advance payment shall be made (1) without the approval
of the office administering advance payments (hereinafter called the
''Administering Office'' and designated in paragraph (k)(4) hereof) as
with all advance payments theretofore made, shall exceed the amount
stated in paragraph (k)(1) hereof; and (3) without a properly certified
invoice or invoices.
(b) Special Bank Account. Until all advance payments made hereunder
are liquidated and the Administering Office approves in writing the
release of any funds due and payable to the Contractor, all advance
payments and all other payments under the contract shall be made by
check payable to the Contractor, and be marked for deposit only in a
Special Bank Account with the bank designated in paragraph (k)(2)
hereof. No part of the funds in the Special Bank Account shall be
mingled with other funds of the Contractor prior to withdrawal thereof
from the Special Bank Account as hereinafter provided. Except as
hereinafter provided, each withdrawal shall be made only by check of the
Contractor countersigned on behalf of the Government by the Contracting
Officer or such other person or persons as he/she may designate in
writing (hereinafter called the ''Countersigning Agent''). Until
otherwise determined by the Administering Office, countersignature on
behalf of the Government will not be required.
(c) Use of Funds. The funds in the Special Bank Account may be
withdrawn by the Contractor solely for the purpose of making payments
for items of allowable cost or to reimburse the Contractor for such
items of allowable cost, and or such other purposes as the Administering
Office may approve in writing. Any interpretation required as to the
proper use of funds shall be made in writing by the Administering
Office.
(d) Return of Funds. The Contractor may at any time repay all or any
part of the funds advanced hereunder. Whenever so requested in writing
by the Administering Office, the Contractor shall repay to the
Government such part of the unliquidated balance of advance payments as
shall in the opinion of the Administering Office be in excess of current
requirements, or (when added to total advance previously made and
liquidated) in excess of the amount specified in paragraph (k)(1)
hereof. In the event the Contractor fails to repay such part of the
unliquidated balance of advance payments when so requested by the
Administering Office, all or any part thereof may be withdrawn from the
Special Bank Account by checks payable to the Treasurer of the United
States signed solely by the Countersigning Agent and applied in
reduction of advance payments then outstanding hereunder.
(e) Liquidation. If not otherwise liquidated, the advance payments
made hereunder shall be liquidated as herein provided. When the sum of
all payments under this contract, other than advance payments, plus the
unliquidated amount of advance payments are equal to the total estimated
cost for the work under this contract or such lesser amount to which the
total estimated cost under this contract may have been reduced, plus
increases, if any, in this total estimated cost not exceeding, in the
aggregate (including, without limitation, reimbursable costs incident to
termination for cause and retrocession as estimated by the Contracting
Officer), the Government shall thereafter withhold further payments to
the Contractor and apply the amounts withheld against the Contractor's
obligation to repay such advance payments until such advance payments
shall have been fully liquidated. If upon completion, termination, or
retrocession of the contract all advance payments have not been fully
liquidated, the balances therefor shall be deducted from any sums
otherwise due or which may become due to the Contractor from the
Government, and any deficiency shall be paid by the Contractor to the
government upon demand.
(f) Bank Agreement. Before an advance payment is made hereunder, the
Contractor shall transmit to the Administering Office, in the form
prescribed by such office, an Agreement in triplicate from the bank in
which the Special Bank Account is established, clearly setting forth the
special character of the account and the responsibilities of the bank
thereunder. Wherever possible, such bank shall be a member bank of the
Federal Reserve System, or an ''insured'' bank within the meaning of the
Act creating the Federal Deposit Insurance Corporation Act of August 23,
1935, 49 Stat. 685, as amended (12 U.S.C. 264).
(g) Lien on Special Bank Account. The Government shall have a lien
upon any balance in the Special Bank Account paramount to all other
items, which lien shall secure the repayment or any advance payments
made hereunder.
(h) Lien on Property under Contract. Any and all advance payments
made under this contract shall be secured, when made, by a lien in favor
of the Government, paramount to all other liens, upon the supplies or
other things covered by this contract and on all material and other
property acquired for or allocated to the performance of this contract,
except to the extent that the Government by virtue of any other
provision of this contract, or otherwise, shall have valid title to such
supplies, materials, or other property as against other creditors of the
Contractor. The Contractor shall identify, by marking or segregation,
all property which is subject to a lien in favor of the Government by
virtue of any provision of this contract in such a way as to indicate
that it is subject to such lien and that it has been acquired for or
allocated to the performance of this contract. If for any reason such
supplies, materials, or other property are not identified by marking or
segregation, the Government shall be deemed to have a lien to the extent
of the Government's interest under this contract on any mass of property
with which such supplies, materials, or other property are commingled.
The Contractor shall maintain adequate accounting control over such
property on its books and records. If at any time during the progress
of the work on the contract it becomes necessary to deliver any item or
items and materials upon which the Government has a lien as aforesaid to
a third person, the Contractor shall notify such third person of the
lien herein provided and shall obtain from such third person a receipt,
in duplicate, acknowledging, inter alia the existence of such lien. A
copy of each receipt shall be delivered by the Contractor to the
Contracting Officer. If this contract is terminated in whole or in part
and the Contractor is authorized to sell or retain termination inventory
acquired for or allocated to this contract, such sale or retention shall
be made only if approved by the Contracting Officer, which approval
shall constitute a release of the Government's lien hereunder to the
extent that such termination inventory is sold or retained, and to the
extent that the proceeds of the sale, or the credit allowed for such
retention on the Contractor's termination claim, is applied in reduction
of advance payments then outstanding hereunder.
(i) Insurance. The Contractor represents and warrants that it is now
maintaining with responsible insurance carriers, (1) insurance upon its
own plant and equipment against fire and other hazards to the extent
that like properties are usually insured by other operating plants and
properties of similar character in the same general locality; (2)
adequate insurance against liability on account of damage to persons or
property; and (3) adequate insurance under all applicable workmen's
compensation laws. The Contractor agrees that, until work under this
contract has been completed and all advance payments made hereunder have
been liquidated, it will (i) maintain such insurance; (ii) maintain
adequate insurance upon any materials, parts, assemblies, subassemblies,
supplies, equipment and other property acquired for or allocable to this
contract and subject to the Government lien hereunder; and (iii)
furnish such certificates with respect to its insurance as the
Administering Office may from time to time require.
(j) Prohibition against Assignment. Notwithstanding any other
provision of this contract, the Contractor shall not transfer, pledge,
or otherwise assign this contract, or any interest therein, or any claim
arising thereunder, to any party or parties, bank, trust company, or
other financing institution.
(k) Designations and Determinations. (1) Amount. The amount of
advance payments at any time outstanding hereunder shall not exceed $
------ .
(2) Depository. The bank designated for the deposit of payments made
hereunder shall be:
(3) Interest Charge. No interest shall be charged for advance
payments made hereunder. The Contractor shall charge interest at the
rate of 6 percent per annum on subadvances or down payments to
subcontractors, and such interest will be credited to the account of the
Government. However, interest need not be charged on subadvances on
nonprofit subcontracts with nonprofit educational or research
institutions for experimental, research or development work.
(4) Administering Office. The office administering advance payments
shall be the office designated as having responsibility for awarding the
contract.
(l) Other Security. The terms of this contract shall be considered
adequate security for advance payments hereunder, except that if at any
time the administering office deems the security furnished by the
Contractor to be inadequate, the Contractor shall furnish such
additional security as may be satisfactory to the administering office,
to the extent that such additional security is available.
(a) Nothing in this contract shall be construed as:
(1) Affecting, modifying, diminishing, or otherwise impairing the
sovereign immunity for suit enjoyed by an Indian tribe; or
(2) Authorizing or requiring the termination of any existing trust
responsibility of the United States with respect to the Indian people.
1977)
(a) Except as may be otherwise provided in this contract, the
contract price includes all applicable Federal, State, and local taxes
and duties.
(b) Nevertheless, with respect to any Federal excise tax or duty on
the transactions or property covered by this contract, if a statute,
court decision, written ruling, or regulation takes effect after the
contract date, and (1) Results in the Contractor being required to pay
or bear the burden of any such Federal excise tax or duty or increase in
the rate thereof which would not otherwise have been payable on such
transactions or property, the contract price shall be increased by the
amount of such tax or duty or rate increase; Provided, That the
Contractor if requested by the Contracting Officer, warrants in writing
that no amount for such newly imposed Federal excise tax or duty or rate
increase was included in the contract price as a contingency reserve or
otherwise; or
(2) Results in the Contractor not being required to pay or bear the
burden of, or in its obtaining a refund or drawback of, any such Federal
excise tax or duty which would otherwise have been payable on such
transactions or property or which was the basis of an increase in the
contract price, the contract price shall be decreased by the amount of
the relief, refund, or drawback, or the amount shall be paid to the
Government, as directed by the Contracting Officer. The contract price
shall be similarly decreased if the Contractor, through its fault or
negligence or its failure to follow instructions of the Contracting
Officer, is required to pay or bear the burden of, or does not obtain, a
refund or drawback of, any such Federal excise tax or duty.
(c) No adjustment pursuant to paragraph (b) above will be made under
this contract unless the aggregate amount thereof is or may reasonably
be expected to be over $100.
(d) As used in paragraph (b) above, the term ''contract date'' means
the date set for the bid opening, or if this is a negotiated contract,
the date of this contract. As to additional supplies or services
procured by modification to this contract, the term ''contract date''
means the date of such modification.
(e) Unless there does not exist any reasonable basis to sustain an
exemption, the Government, upon request of the Contractor, without
further liability, agrees, except as otherwise provided in this
contract, to furnish evidence appropriate to establish exemption from
any tax which the Contractor warrants in writing was excluded from the
contract price. In addition, the Contracting Officer may furnish
evidence to establish exemption from any tax that may, pursuant to this
clause, give rise to either an increase or decrease in the contract
price. Except as otherwise provided in this contract, evidence
appropriate to establish exemption from duties will be furnished only at
the direction of the Contracting Officer.
(f) The Contractor shall promptly notify the Contracting Officer of
matters which will result in either an increase or decrease in the
contract price, and shall take action with respect thereto as directed
by the Contracting Officer.
(49 FR 36242, Sept. 14, 1984, as amended at 51 FR 20491, June 5,
1986)
48 CFR PHS 352.280-6 Demurrage charge provisions for reusable cylinders
and containers.
The clause set forth below shall be inserted in solicitations and
resultant contracts when delivery of the items may be in
contractor-furnished reusable gas cylinders or other containers.
(a) Reusable gas cylinders or other containers identified below by
offereors shall remain the property of the Contractor (except as
provided in (c) below), and will be loaned without charge to the
Government for the period stipulated below. In computing the period
involved, such free loan period shall commence on the first day after
date of delivery of each container to the herein specified f.o.b.
point(s). Offerors who specify less than -------- days (to be determined
by the Contracting Officer in accordance with trade custom), shall have
their offers increased for evaluation purposes only by an amount arrived
at by multiplying the number of days less than the established free loan
period by the daily rental charge. In the event the offeror does not
specify a free loan period, such period shall be -------- days (insert
the same number of days as the established free loan period). Beginning
with the first day after expiration of the free loan period to and
including the date the containers are delivered to the Contractor's
designated carrier, the Government shall pay the Contractor demurrage
(rental) in the amount specified below. No demurrage shall accrue to
the Contractor in excess of the herein specified container's replacement
value. For each container lost or damaged beyond repair while in the
Government's possession, the Government shall pay to the Contractor the
herein specified replacement value less allocable demurrage paid
therefor. Such lost or damaged containers paid for by the Government
shall become the property of the Government.
(b) Empty containers will be delivered to the Contractor's designated
carrier (offeror to identify applicable carrier below) f.o.b. points of
original delivery specified in this solicitation/contract.
(c) When the offeror indicates that containers have a replacement
value of less than $10, the Government shall have the option to purchase
containers and add the cost to the offered price. When purchase option
is exercised, offers shall be evaluated accordingly. In this event, the
container shall become the property of the Government.
48 CFR PHS 352280-6 Subpart PHS 352.3 -- Provision and Clause Matrices
48 CFR PHS 352.380-4 Contract clauses for contracts awarded under the
Indian Self-Determination Act.
(a) PHS Acquisition Regulations (PHSAR) Clauses for
Cost-Reimbursement Contracts Awarded under the Indian Self-Determination
Act.
1. 352.280-4(a)(1) Definitions. (June 1977)
2. 352.280-4(a)(2) Disputes. (June 1977)
3. 352.280-4(a)(3) Limitation of Cost. (June 1977)
4. 352.280-4(a)(4) Allowable Cost. (June 1977)
5. 352.280-4(a)(5) Negotiated Overhead Rates. (June 1977)
6. 352.280-4(a)(6) Payment (June 1977)
7. 352.280-4(a)(7) Advance Payment. (June 1977)
8. 352.280-4(a)(8) Examination of Records. (June 1977)
9. 352.280-4(a)(9) Inspection and Reports. (June 1977)
10. 352.280-4(a)(10) Subcontracting. (June 1977)
11. 352.280-4(a)(11) Accounts, Audit, and Records. (June 1977)
12. 352.280-4(a)(12) Government Property. (June 1977)
13. 352.280-4(a)(13) Changes. (June 1977)
14. 352.280-4(a)(14) Notice to the Government of Delays. (June 1977)
15. 352.280-4(a)(15) Retrocession. (June 1977)
16. 352.280-4(a)(16) Reassumption of Programs. (June 1977)
17. 352.280-4(a)(17) Key Personnel. (June 1977)
18. 352.280-4(a)(18) Litigation and Claims. (June 1977)
19. 352.280-4(a)(19) Indemnity and Insurance. (June 1977)
20. 352.280-4(a)(20) Overtime. (June 1977)
21. 352.280-4(a)(21) Foreign Travel. (June 1977)
22. 352.280-4(a)(22) Questionnaires and Surveys. (June 1977)
23. 352.280-4(a)(23) Printing. (June 1977)
24. 352.280-4(a)(24) Services of Consultants. (June 1977)
25. 352.280-4(a)(25) Assignment of Claims. (June 1977)
26. 352.280-4(a)(26) Contract Work Hours and Safety Standards
Act-Overtime Compensation. (June 1977)
27. 352.280-4(a)(27) Walsh-Healey Public Contracts Act. (June 1977)
28. 352.280-4(a)(28) Equal Opportunity. (June 1977)
29. 352.280-4(a)(29) Indian Preference in Training and Employment.
(June 1977)
30. 352.280-4(a)(30) Certificate of Nonsegregated Facilities. (June
1977)
31. 352.280-4(a)(31) Convict Labor. (June 1977)
32. 352.280-4(a)(32) Officials not to Benefit. (June 1977)
33. 352.280-4(a)(33) Buy American Act Supply and Service contracts.
(June 1977)
34. 352.280-4(a)(34) Anti-Kickback Act. (June 1977)
35. 352.280-4(a)(35) Use of Indian Business Concerns. (June 1977)
36. 352.280-4(a)(36) Payment of Interest on Contractors' Claims.
(June 1977)
37. 352.280-4(a)(37) Fair and Equal Treatment of Indian People.
(June 1977)
38. 352.280-4(a)(38) Price Reduction for Defective Cost or Pricing
Data. (June 1977)
39. 352.280-4(a)(39) Subcontractor Cost and Pricing Data. (June
1977)
40. 352.280-4(a)(40) Penalties. (June 1977)
41. 352.280-4(a)(41) Effect on Existing Rights. (June 1977)
42. 352.280-4(a)(42) General Services Administration Supply Sources.
(June 1977)
(b) PHSAR Clauses for Fixed-Price Contracts Awarded under the Indian
Self-Determination Act.
1. 352.280-4(b)(1) Definitions. (June 1977)
2. 352.280-4(b)(2) Disputes. (June 1977)
3. 352.280-4(b)(3) Contract Work Hours and Safety Standards
Act-Overtime Compensation. (June 1977)
4. 352.280-4(b)(4) Walsh-Healey Public Contracts Act. (June 1977)
5. 352.280-4(b)(5) Convict Labor. (June 1977)
6. 352.280-4(b)(6) Notice to the Government of Delays. (June 1977)
7. 352.280-4(b)(7) Assignment of Claims. (June 1977)
8. 352.280-4(b)(8) Officials not to Benefit. (June 1977)
9. 352.280-4(b)(9) Anti-Kickback Act. (June 1977)
10. 352.280-4(b)(10) Penalties. (June 1977)
11. 352.280-4(b)(11) Buy American Act. (June 1977)
12. 352.280-4(b)(12) Equal Opportunity. (June 1977)
13. 352.280-4(b)(13) Certificate of Nonsegregated Facilities. (June
1977)
14. 352.280-4(b)(14) Subcontracting. (June 1977)
15. 352.280-4(b)(15) Competition in Subcontracting. (June 1977)
16. 352.280-4(b)(16) Use of Indian Business Concerns. (June 1977)
17. 352.280-4(b)(17) Indian Preference in Training and Employment.
(June 1977)
18. 352.280-4(b)(18) Inspection. (June 1977)
19. 352.280-4(b)(19) Changes. (June 1977)
20. 352.280-4(b)(20) Retrocession. (June 1977)
21. 352.280-4(b)(21) Assumption and Reassumption of Contract
Programs. (June 1977)
22. 352.280-4(b)(22) Payment of Interest on Contractor's Claims.
(June 1977)
23. 352.280-4(b)(23) Government-Furnished Property. (June 1977)
24. 352.280-4(b)(24) Examination of Records by the Comptroller
General. (June 1977)
25. 352.280-4(b)(25) Indemnity and Insurance. (June 1977)
26. 352.280-4(b)(26) Fair and Equal Treatment of Indian People.
(June 1977)
27. 352.280-4(b)(27) Reports to the Indian People and Annual Reports.
(June 1977)
28. 352.280-4(b)(28) Questionnaries and Surveys. (June 1977)
29. 352.280-4(b)(29) Printing. (June 1977)
30. 352.280-4(b)(30) Price Reduction for Defective Cost or Pricing.
(June 1977)
31. 352.280-4(b)(31) Subcontractor Cost and Pricing Data. (June
1977)
32. 352.280-4(b)(32) Advance Payment. (June 1977)
33. 352.280-4(b)(33) Effect on Existing Rights. (June 1977)
34. 352.280-4(b)(34) Federal, State, and Local Taxes. (June 1977)
48 CFR PHS 352380-4 SUBCHAPTER T -- PHS SUPPLEMENTATIONS
48 CFR PHS 352380-4 PART PHS 380 -- SPECIAL PROGRAM REQUIREMENTS AFFECTING PHS ACQUISITIONS
48 CFR PHS 352380-4 Subpart PHS 380.1 -- Acquisitions Involving Human
Subjects
Sec.
PHS 380.101 Applicability.
PHS 380.102 Policy.
PHS 380.103 Assurances.
PHS 380.104 Notice to offerors.
PHS 380.105 Contract clause.
48 CFR PHS 352380-4 Subpart PHS 380.2 -- Acquisitions Involving the Use
of Laboratory Animals
PHS 380.201 Scope of subpart.
PHS 380.202 Definitions.
PHS 380.203 Policy.
PHS 380.204 Applicability.
PHS 380.205 Contractor implementation.
PHS 380.206 PHS implementation.
PHS 380.207 Examples of acceptable assurance forms.
48 CFR PHS 352380-4 Subpart PHS 380.3 -- Acquisition of Drugs and
Medical Supplies
PHS 380.301 Scope of subpart.
PHS 380.302 Acquisition of drugs.
PHS 380.302-1 Policy.
PHS 380.302-2 Solicitation and contract requirements.
PHS 380.303 Acquisition of controlled drugs.
PHS 380.304 Effectiveness of drug products.
PHS 380.304-1 General.
PHS 380.304-2 Policy.
PHS 380.304-3 Procedures.
PHS 380.304-4 Distribution of information.
PHS 380.305 Maximum allowable cost for drugs.
PHS 380.305-1 General.
PHS 380.305-2 Applicability.
PHS 380.305-3 Responsibilities.
PHS 380.305-4 Solicitation notification.
PHS 380.305-5 Contract requirements.
PHS 380.306 Acquisition of tax free and specially denatured alcohol.
48 CFR PHS 352380-4 Subpart PHS 380.4 -- Contracts Under the Indian
Self-Determination Act
PHS 380.400 Scope of subpart.
PHS 380.401 Applicability of regulations.
PHS 380.402 Waivers.
PHS 380.403 Negotiating authority.
PHS 380.404 Definitions.
PHS 380.405 Types of contracts.
PHS 380.406 Term of contract.
PHS 380.407 Exemption from bonds.
PHS 380.408 Acquisition of construction and architect-engineering
services contracts.
PHS 380.409 Performance of personal services.
PHS 380.410 Special provisions of Indian Self-Determination contract.
PHS 380.411 Contract clauses.
48 CFR PHS 352380-4 Subpart PHS 380.5 -- Acquisitions Under the Buy
Indian Act
PHS 380.500 Scope of subpart.
PHS 380.501 Policy.
PHS 380.502 Definitions.
PHS 380.502-1 Indian.
PHS 380.502-2 Indian firm.
PHS 380.502-3 Product of Indian industry.
PHS 380.502-4 Buy Indian contract.
PHS 380.502-5 Buy Indian restricted advertising.
PHS 380.503 Requirements.
PHS 380.504 Competition.
PHS 380.505 Responsibility determinations.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 49 FR 36263, Sept. 14, 1984, unless otherwise noted.
48 CFR PHS 352380-4 Subpart PHS 380.1 -- Acquisitions Involving Human
Subjects
Source: 51 FR 20491, June 5 1986, unless otherwise noted.
48 CFR PHS 380.101 Applicability.
This subpart applies to all research and development contracts
involving human subjects except those that are exempt by Secretarial
waiver under 45 CFR 46.101(e) or exempt under 45 CFR 46.101(b).
48 CFR PHS 380.102 Policy.
(a) Safeguarding the rights and welfare of human subjects in
activities under Public Health Service (PHS) research and development
contracts is the responsibility of each institution that receives or is
accountable to PHS for funds awarded for the conduct of that activity.
To assure that this institutional responsibility is met, PHS shall not
permit a nonexempt research activity involving human subjects to be
undertaken unless the institution has an assurance on file with the
Office for Protection from Research Risks (OPRR), NIH/PHS, and has filed
a certification that an institutional review board (IRB) has reviewed
and approved the activity in accordance with 45 CFR Part 46.
(b) Contracts involving human subjects will not be awarded to an
individual unless he/she is affiliated with or sponsored by an
institution which can and will assume responsibility for safeguarding
the human subjects involved.
48 CFR PHS 380.103 Assurances.
In accordance with 45 CFR 46.103, OPRR is responsible for negotiation
of assurances covering all PHS-supported research activities involving
human subjects. Consultation with OPRR (telephone: 301-496-7041) is
recommended on issues regarding assurances, certification of IRB review
and approval, and interpretation of the regulations for the protection
of human subjects in 45 CFR Part 46.
48 CFR PHS 380.104 Notice to offerors.
Solicitations shall contain the notice to offerors set forth in PHS
352-280-1(a) whenever contract performance is expected to involve human
subjects.
48 CFR PHS 380.105 Contract clause.
The clause set forth in PHS 352.280-1(b) shall be inserted in all
contracts involving human subjects.
48 CFR PHS 380105 Subpart PHS 380.2 -- Acquisitions Involving the Use of
Laboratory Animals
Source: 51 FR 20492, June 5 1986, unless otherwise noted.
48 CFR PHS 380.201 Scope of subpart.
This subpart describes Public Health Service (PHS) contracts for
projects or activities involving animals, and the responsibilities of
the PHS agencies and subordinate elements for implementing policies and
procedures described herein.
48 CFR PHS 380.202 Definitions.
(a) Animal. Any live, vertebrate animal used or intended for use in
research, research training, experimentation or biological testing or
for related purposes.
(b) Animal facility. Any building, room, area, enclosure, or
vehicle, including satellite facility, used for animal confinement,
transport, maintenance, breeding or experiments of surgical
manipulation. A satellite facility is any containment outside of a core
facility or centrally designated or managed area in which animals are
housed for more than 24 hours.
(c) Animal Welfare Act. Pub. L. 89-544, 1966, as amended (Pub. L.
91-579 and Pub. L. 94-279) 7 U.S.C. 2131 et seq. Implementing
regulations are published in the Code of Federal Regulations (CFR),
Title 9, Subchapter A, Parts 1, 2, 3, and 4, and are administered by the
U.S. Department of Agriculture.
(d) Animal Welfare Assurance or Assurance. The documentation from an
awardee or a prospective awardee institution assuring institutional
compliance with this policy.
(e) Guide. Guide for the Care and Use of Laboratory Animals, NIH
Pub. No. 85-23, 1985 edition or succeeding revised editions.
(f) Institution. Any public or private organization, business, or
agency (including components of Federal, State and local governments).
(g) Institutional official. An individual who has the authority to
sign the institution's Assurance, making a commitment on behalf of the
institution that the requirement of this subpart will be met.
(h) Public Health Service. The Public Health Service includes the
Office of the Assistant Secretary for Health; the Alcohol, Drug Abuse,
and Mental Health Administration; the Centers for Disease Control; the
Food and Drug Administration; the Health Resources and Services
Administration; and the National Institutes of Health.
(i) Quorum. A majority of the members of the Institutional Animal
Care and Use Committee.
48 CFR PHS 380.203 Policy.
It is the policy of PHS to require institutions to establish and
maintain proper measures to ensure the appropriate care and use of all
animals involved in research, research training and biological testing
(hereinafter referred to as activities) supported by PHS. PHS endorses
the ''U.S. Government Principles for the Utilization and Care of
Vertebrate Animals Used in Testing, Research and Training'' developed by
the Interagency Research Animal Committee (IRAC). This policy is
intended to implement and supplement those Principles.
48 CFR PHS 380.204 Applicability.
(a) This policy is applicable to all PHS-supported activities
involving animals, whether the activities are performed at an awardee
institution, or any other institution, in the United States, the
Commonwealth of Puerto Rico, or any territory or possession of the
United States. Institutions in foreign countries receiving PHS support
for activities involving animals shall comply with this policy, or
provide evidence to PHS that acceptable standards for the humane care
and use of the animals in PHS-supported activities will be met.
(b) No PHS support for an activity involving animals will be provided
to an individual unless that individual is affiliated with or sponsored
by an institution which can and does assume responsibility for
compliance with this policy for PHS-supported activities, or unless the
individual makes other arrangements with PHS.
(c) This policy does not supercede or preempt applicable State or
local laws or regulations which impose more stringent standards for the
care and use of laboratory animals. All institutions are required to
comply, as applicable, with the Animal Welfare Act, and other Federal
statutes and regulations relating to animals.
48 CFR PHS 380.205 Contractor implementation.
(a) Animal Welfare Assurance. No activity involving animals will be
supported by PHS until the institution conducting the activity has
provided a written Assurance acceptable to PHS, setting forth compliance
with the policy in this subpart for PHS-supported activities.
Assurances shall be submitted to OPRR, Office of the Director, National
Institutes of Health, 9000 Rockville Pike, Building 31, Room 4B09,
Bethesda, Maryland 20892. The Assurance shall be typed on the
institution's letterhead and signed by an institutional official. OPRR
will provide the applicant institution with necessary instructions and
an example of an acceptable Assurance. All Assurances submitted to PHS
in accordance with the policy will be evaluated by OPRR to determine the
adequacy of the institution's proposed program for the care and use of
animals in PHS-supported activities. On the basis of this evaluation,
OPRR may approve or disapprove the Assurance, or negotiate an acceptable
Assurance with the institution. Approval of an Assurance will be for a
specified period of time (no longer than five years) after which time
the institution must submit a new Assurance to OPRR. OPRR may limit the
period during which any particular approved Assurance shall remain
effective or otherwise condition, restrict, or withdraw approval.
Without an applicable PHS approved Assurance, no PHS-supported activity
involving animals at the institution will be permitted to continue.
(1) Institutional program for animal care and use. The Assurance
shall fully describe the institution's program for the care and use of
animals in PHS-supported activities. PHS requires institutions to use
the Guide for the Care and Use of Laboratory Animals (Guide) as a basis
for developing and implementing an institutional program for activities
involving animals. The program description must include the following:
(i) A list of every branch and major component of the institution, as
well as a list of every branch and major component of any institution
which is to be included under the Assurance;
(ii) The lines of authority and responsibility for administering the
program and ensuring compliance with this policy;
(iii) The qualifications, authority and responsibility of the
veterinarian(s) who will participate in the program;
(iv) The membership list of the Institutional Animal Care and Use
Committee(s) (IACUC) /1/ established in accordance with the requirements
set forth in this subpart;
(v) The procedures which the IACUC will follow to fulfill the
requirements set forth in this subpart;
(vi) The health program for personnel who work in laboratory animal
facilities or have frequent contact with animals;
(vii) The gross square footage of each animal facility (including
satellite facilities), the species housed therein and the average daily
inventory, by species, of animals in each facility; and
(viii) Any other pertinent information requested by OPRR.
(2) Institutional status. Each institution must assure that its
program and facilities are in one of the following categories:
(i) Category 1 -- Accredited by the American Association for the
Accreditation of Laboratory Animal Care (AAALAC). All of the
institution's programs and facilities (including satellite facilities)
for activities involving animals have been evaluated and accredited by
AAALAC, or another accrediting body recognized by PHS. /2/
(ii) Category 2 -- Evaluated by the Institution. All of the
institution's programs and facilities (including satellite facilities)
for activities involving animals have been evaluated by the IACUC and
will be reevaluated by the IACUC at least once each year. The IACUC
shall use the Guide as a basis for evaluating the institution's program
and facilities.
A report of the IACUC evaluation shall be submitted to the
institutional official and updated on an annual basis. /3/ The initial
report shall be submitted to OPRR with the Assurance. Annual reports of
the IACUC evaluation shall be maintained by the institution and made
available to OPRR upon request. The report must contain a description
of the nature and extent of the institution's adherence to the Guide and
this policy. /4/ The report must identify specifically any departures
from provisions of the Guide and this policy, and state the reasons for
each departure. If program or facility deficiencies are noted, the
report must contain a reasonable and specific plan and schedule for
correcting each deficiency. The report must distinguish significant
deficiencies from minor deficiencies. A significant deficiency is one
which, in the judgment of the IACUC and the institutional official, is
or may be a threat to the health or safety of the animals. Failure of
the IACUC to conduct an annual evaluation and submit the required report
to the institutional official may result in PHS withdrawal of its
approval of the Assurance.
(3) Institutional Animal Care and Use Committee (IACUC). (i) Each
institution shall appoint an Institutional Animal Care and Use Committee
(IACUC), qualified through experience and expertise of its members, to
oversee the institution's animal program, facilities and procedures.
(ii) The Assurance must include the names, position titles and
credentials of the IACUC chairperson and the members. The committee
shall consist of not less than five members, and shall include at least:
(A) One Doctor of Veterinary Medicine, with training or experience in
laboratory animal science and medicine, who has direct or delegated
program responsibility for activities involving animals at the
institution;
(B) One practicing scientist experienced in research involving
animals;
(C) One member whose primary concerns are in a nonscientific area
(for example, ethicist, lawyer, member of the clergy); and
(D) One individual who is not affiliated with the institution in any
way other than as a member of the IACUC, and is not a member of the
immediate family of a person who is affiliated with the institution.
(iii) An individual who meets the requirements of more than one of
the categories detailed in PHS 380.205(d)(2)(i)-(iv) above, may fulfill
more than one requirement. However, no committee may consist of less
than five members.
(b) Functions of the Institutional Animal Care and Use Committee. As
an agent of the institution, the IACUC shall, will respect to
PHS-supported activities:
(1) Review at least annually the institution's program for humane
care and use of animals;
(2) Inspect at least annually all of the institution's animal
facilities, including satellite facilities;
(3) Review concerns involving the care and use of animals at the
institution;
(4) Make recommendations to the institutional official regarding any
aspect of the institution's animal program, facilities or personnel
training;
(5) Review and approve, require modifications in (to secure
approval), or withhold approval of those sections of PHS applications or
proposals related to the care and use of animals, as specified in PHS
380.205(f) of this subpart;
(6) Review and approve, require modifications in (to secure
approval), or withhold approval of proposed significant changes
regarding the use of animals in ongoing activities; and
(7) Be authorized to suspend an activity involving animals in accord
with specifications set forth in this subpart.
(c) Review of applications and proposals. In order to approve
applications and proposals or proposed changes in ongoing activities,
the IACUC shall conduct a review of those sections related to the care
and use of animals and determine that the proposed activities are in
accordance with this policy. In making this determination, the IACUC
shall confirm that the activity will be conducted in accordance with the
Animal Welfare Act insofar as it applies to the activity, and that the
activity is consistent with the Guide, unless the IACUC determines that
acceptable justification for a departure is presented. Furthermore, the
IACUC shall determine that the activity conforms with the institution's
Assurance and meets the following requirements:
(1) Procedures with animals will avoid or minimize discomfort,
distress and pain to the animals, consistent with sound research design.
(2) Procedures that may cause more than momentary or slight pain or
distress to the animals will be performed with appropriate sedation,
analgesia, or anesthesia, unless the procedure is justified for
scientific reasons in writing by the investigator.
(3) Animals that would otherwise experience severe or chronic pain or
distress that cannot be relieved will be painlessly sacrificed at the
end of the procedure or, if appropriate, during the procedure.
(4) The living conditions of animals will be appropriate for their
species and contribute to their health and comfort. The housing,
feeding and nonmedical care of the animals will be directed by a
veterinarian or a scientist trained and experienced in the proper care,
handling and use of the species being maintained or studied.
(5) Medical care for animals will be available and provided as
necessary by a qualified veterinarian.
(6) Personnel conducting procedures on the species being maintained
or studies will be appropriately qualified and trained in those
procedures.
(7) Methods of euthanasia used will be consistent with the
recommendations of the American Veterinary Medical Association (AVMA)
Panel of Euthanasia /5/ , unless a deviation is justified for scientific
reasons in writing by the investigator.
/1/ The name Institutional Animal Care and Use Committee (IACUC) as
used in this policy is intended as a generic term for a committee whose
function is to ensure that the care and use of animals in PHS-supported
activities is appropriate and humane in accordance with this policy.
However, each institution may identify the committee by whatever name it
chooses. Membership and responsibilities of the IACUC are set forth in
PHS 380.205(d).
/2/ As of the issuance date of this policy the only accrediting body
recognized by PHS is the American Association for Accredidation of
Laboratory Animal Care (AAALAC).
/3/ The IACUC may, at its discretion, determine the best means of
conducting an evaluation of the institution's programs and facilities.
The IACUC may invite ad hoc consultants to conduct or assist in
conducting the evaluation. However, the IACUC remains responsible for
the evaluation and report.
/4/ If some of the institution's facilities are accredited by AAALAC
or other accrediting body recognized by PHS, the report should identify
those facilities and need not contain any further information about
evaulation of those facilities.
/5/ Journal of the American Veterinary Association (JAVMA), 1978,
Vol. 143, No. 1, pp. 59-72, or succeeding revised editions.
48 CFR PHS 380.206 Public Health Service implementation.
(a) Responsibility of the Office for Protection from Research Risks
(OPRR). OPRR is responsible for the general administration and
coordination of this policy and will:
(1) Request and negotiate, approve or disapprove, and, as necessary,
withdraw approval of Assurances;
(2) Distribute to executive secretaries of initial review and
technical evaluation groups, and to PHS contracting offices, lists of
institutions that have an approved Assurance;
(3) Advise contracting offices and awardee institutions concerning
the implementation of this policy;
(4) Evaluate allegations of noncompliance with this subpart;
(5) Have the authority to review and approve or disapprove waivers of
this subpart (see paragraph (d) of this section); and
(6) With other PHS officials, conduct site visits to selected
institutions.
(b) Responsibilities of PHS contracting offices. PHS contracting
offices shall not make an award for an activity involving animals unless
the institution submitting the application or proposal is on the list of
institutions that have an approved Assurance of file with OPRR, and the
institutional official has provided verification of approval by the
IACUC of those sections of the application or proposal related to the
care and use of animals. If an institution is not listed, the
contracting office shall ask OPRR to negotiate an Assurance with the
institution before an award is made. No award shall be made until the
Assurance has been submitted by the institution, approved by OPRR, and
the institution has provided verification of approval by the IACUC of
those sections of the application or proposal related to the care and
use of animals in PHS-supported activities.
(c) Conduct of special reviews/site visits. Each awardee institution
is subject to review at any time by PHS staff and advisors, which may
include a site visit, to assess the adequacy of the institution's
compliance with this policy.
(d) Waiver. Institutions may request a waiver of a provision of this
policy by submitting a request to OPRR. No waiver will be granted
unless sufficient justification is provided, and the waiver is approved
in writing by OPRR.
48 CFR PHS 380206 Subpart PHS 380.3 -- Acquisition of Drugs and Medical Supplies
48 CFR PHS 380.301 Scope of subpart.
This subpart provides policies and procedures pertaining to the
acquisition of drug products and medical supplies by PHS or PHS's
contractors.
48 CFR PHS 380.302 Acquisition of drugs.
48 CFR PHS 380.302-1 Policy.
(a) Drugs shall be acquired at the lowest possible price consistent
with acceptable standards of identity, strength, quality, purity, safety
and effectiveness, and with due regard for the welfare of the patient
and the professional judgment of the prescriber.
(b) Contracting activities shall ensure that drugs are acquired by
generic name on a competitive basis whenever it is possible to obtain
therapeutically effective drugs of established quality. However, the
professional judgment of the prescriber to request drugs by brand name
or house designation must be recognized when the best interest of the
patient requires it. Similarly, scientific investigators have the
prerogative to request drugs having end-product characteristics
considered necessary for the conduct of research or investigations.
(c) Prior to taking any acquisition action, the contracting officer
shall ensure that the requested drug products are not available from
mandatory sources such as Federal Supply Schedules. Part 103-26 of the
HHS Material Management Manual describes sources of supply for drugs.
48 CFR PHS 380.302-2 Solicitation and contract requirements.
The contracting officer should consider including statements similar
to the following in solicitations and resultant contracts pertaining to
drug products:
(a) The offeror (contractor) guarantees that all requirements
established by the Food and Drug Administration, HHS, have been met.
These requirements include: plant sanitation, manufacturing, packaging,
labeling, identification, strength, quality, purity, safety, and
effectiveness.
Note: The contracting officer may want to cite the applicable
reference(s) pertaining to the FDA requirements.
(b) The offeror (contractor), by signing this document,
guarantees/warrants that any applicable shelf-life requirements have
been met and the furnished drugs are free from defects.
(c) The Government reserves the right to inspect the manufacturer's
plant and premises during normal operating hours.
Note: FDA will normally conduct the inspection when requested, but
may request to be reimbursed for the services.
(d) The offeror (contractor) agrees to submit either a comprehensive,
certified analysis on each lot of drugs at the time of delivery of the
drugs, or a comprehensive list of specifications met by the drugs along
with a certificate of analysis, or other suitable documentation,
verifying that the drugs meet the appropriate standards.
(e) The offeror (contractor) claims it is not currently listed as a
disqualified bidder or offeror for drugs by any Federal agency or
department.
(f) The offeror must set forth full, accurate, and complete
information as required by this solicitation (including attachments).
The penalty for making false statements in offers is prescribed in 18
U.S.C. 1001.
(g) If the offeror (prime contractor) plans to use (or uses) a
subcontractor or secondary manufacturer for the furnishing of any or all
the drug products under the resultant contract, the name and address of
the subcontractor or secondary manufacturer is to be furnished the
contracting officer, along with the drug lots affected. The prime
contractor shall ensure that the subcontractor or secondary manufacturer
complies with the above stated requirements.
48 CFR PHS 380.303 Acquisition of controlled drugs.
(a) Controlled drugs include narcotics and dangerous drugs identified
by the Drug Enforcement Administration (DEA), Department of Justice, in
the regulations implementing the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (Title 21 CFR Chapter II).
(b) The DEA issues a Controlled Substances Inventory List which
provides general information pertaining to the ordering of controlled
drug products and the use of specific order forms. The local DEA
regional office should be contacted to receive the list and instructions
regarding registering and ordering forms, as well as other matters
concerning the handling and processing of controlled drugs. Sections
103-27.6204(a)(2) and 103-27.6302(b) of the HHS Material Management
Manual provide information on issuing, shipping, and safeguarding
controlled drugs.
(c) Contracting officers shall ensure that requests for contracts or
purchase requests are supported by the required DEA form prior to
initiation of any action.
48 CFR PHS 380.304 Effectiveness of drug products.
48 CFR PHS 380.304-1 General.
(a) The National Academy of Sciences National Research Council
(NAS-NRC) has established effectiveness classifications for the
indication of drug products, based upon the following criteria:
(1) Factual information that is freely available in scientific
literature;
(2) Factual information that is available from the Food and Drug
Administration, the manufacturer, or other sources; and
(3) Experience and informed judgment of the members of NAS-NRC
panels.
(b) The indications mentioned in the following categories refer to
''the effect the drug purports or is represented to have under the
conditions of use prescribed, recommended, or suggested in the proposed
labeling.'' That is, the indications are the claims noted in the
labeling of a given drug product.
(1) Category A -- Effective. For the presented indication, the drug
is effective on the basis of the criteria cited in PHS 380.304-1(a)
above.
(2) Category B -- Probably Effective. For the indication presented,
effectiveness of the drug is probable on the basis of the criteria cited
in PHS 380.304-1(a) but additional evidence is required before it can be
assigned to Category A.
(3) Category C -- Possibly Effective. In relation to the indication
in question, there is little evidence of effectiveness under any of the
criteria cited in PHS 380.304-1(a). The possibility that additional
supporting evidence might be developed should not be ruled out, however.
(4) Category D -- Ineffective. In relation to the indication in
question, there is no acceptable evidence under any of the criteria
cited in PHS 380.304-1(a) to support a claim of effectiveness.
48 CFR PHS 380.304-2 Policy.
(a) It is PHS policy to not acquire drug products classified
''ineffective'' or ''possibly effective'' for use in its direct care
programs. However, there are two exceptions to this policy:
(1) Drug products categorized as ''ineffective'' and ''possibly
effective'' may be acquired for use in the pursuit of approved clinical
research products.
(2) Drug products categorized as ''possibly effective'' may be
acquired when no alternate means of therapy with drug products in the
''probably effective'' or ''effective'' categories are available.
(b) This policy applies to similar drug products marketed by the same
or other firms.
48 CFR PHS 380.304-3 Procedures.
(a) The contracting officer, prior to initiating action on a purchase
request or request for contract for drug products, shall ensure that the
items are screened against current lists of products identified by the
Pharmacy Liaison Officer, Public Health Service, to determine whether
acquisition of the items is prohibited, and that the individual actually
performing the screening has annotated and initialed the request.
(b) When the request is received for a drug product which is
allowable under the exceptions stated in PHS 380.304-2, the contracting
officer shall ensure that the appropriate justification is provided,
that it is signed by the responsible program official, and that it is
included in the contract or purchase request file.
(c) When the request for a restricted drug product cannot be resolved
by the substitution of another item, the contracting officer shall
consider the request as a deviation and process it in accordance with
Subpart 301.4.
48 CFR PHS 380.304-4 Distribution of information.
(a) The Pharmacy Liaison Officer, Public Health Service, has
responsibility for distributing information on the effectiveness of drug
products to the principal official responsible for acquisition. The
principal official responsible for acquisition will be advised by
telephone of drug products classified as ''ineffective'' or ''possibly
effective'' prior to publication in the Federal Register, and will be
provided a monthly list of these drug products following publication in
the Federal Register.
(b) The principal official responsible for acquisition shall
establish procedures for the distribution of information on the
effectiveness of drug products and implement other controls necessary to
assure compliance with the policy set forth in PHS 380.304-2.
48 CFR PHS 380.305 Maximum allowable cost for drugs.
48 CFR PHS 380.305-1 General.
(a) The regulation entitled ''Limitation on Payment or Reimbursement
for Drugs,'' also known as the Maximum Allowable Cost or MAC regulation,
is set forth in Part 19 to Subtitle A of Title 45 of the Code of Federal
Regulations.
(b) The MAC regulation established departmental policies and
procedures for determining allowable drug costs and, where applicable,
dispensing fees to be used to establish:
(1) Reimbursement to providers and health maintenance organizations
under the Medicare program;
(2) Reimbursement to States under State administered health, welfare,
and social service programs; and
(3) Allowable costs under projects for health services.
48 CFR PHS 380.305-2 Applicability.
(a) This regulation implements the MAC regulation by establishing
acquisition procedures consistent with the purpose and intent of the MAC
regulation.
(b) This regulation applies to the direct acquistion of drugs by PHS
and the acquisition or supply of drugs by PHS contractors.
(c) This regulation does not apply to the acquisition of drugs for
research programs made by PHS and its contractors.
48 CFR PHS 380.305-3 Responsibilities.
(a) The program office which initiates the requirement is responsible
for advising the contracting office as to the applicability of the MAC
regulation to the proposed acquisition.
(b) The Pharmacy Liaison Officer, PHS, is responsible for
distributing to the principal official responsible for acquisition of
the MAC determination or data concerning the acquisition cost of drugs.
The MAC determination should be furnished within thirty days after
publication as a final rule in the Federal Register. Acquisition cost
data should be furnished within thirty days after the effective date.
(c) The principal official responsible for acquisition shall
establish procedures for disseminating MAC determinations and
acquisition cost data and may initiate other actions necessary to ensure
compliance with the requirements of this regualation.
48 CFR PHS 380.305-4 Solicitation notification.
(a) The contracting officer shall ensure that all requests for
proposals and invitations for bids which are subject to the provisions
of the MAC regulation contain a notice worded substantially as follows:
This acquisition is subject to the Maximum Allowable Cost (MAC)
regulation set forth in Part 19 to Subtitle A of Title 45 of the Code of
Federal Regulations.
(b) The contracting officer shall include the applicable MAC
determination or acquisition cost data in the RFP or IFB.
(c) The referenced solicitation notice, or a notice worded similarly
to it, is required to be included in all applicable solicitations issued
by the contractor or its subcontractors.
48 CFR PHS 380.305-5 Contract requirements.
(a) The contracting officer shall include a clause entitled ''Maximum
Allowable Cost for Drugs,'' reading substantially as the clause cited in
PHS 352.280-3, in all contracts subject to the provisions of the MAC
regulation.
(b) The contracting officer shall incorporate in all contracts
subject to the provisions of the MAC regulation the applicable MAC
determination or acquisition cost data furnished in the solicitation.
(c) The clause cited in PHS 352.280-3, or a clause worded
substantially as that cluase, is required to be included in all
applicable contracts awarded by the contractor or its subcontractors.
48 CFR PHS 380.306 Acquisition of tax free and specially denatured
alcohol.
(a) All orders for tax free and specially denatured alcohol shall be
placed with the HRSA Supply Service Center, Perry Point, MD. Orders
shall be placed in accordance with the ordering instructions contained
in the HRSA Medical Supply Catalog.
48 CFR PHS 380306 Subpart PHS 380.4 -- Contracts Under the Indian Self-Determination Act
48 CFR PHS 380.400 Scope of subpart.
This subpart prescribes procedures for contracting by the Public
Health Service (PHS) under the Indian Self-Determination Act (25 U.S.C.
450f).
48 CFR PHS 380.401 Applicability of regulations.
Contracts with tribal organizations resulting from the submission of
Indian Self-Determination Contract Proposals as authorized in Public Law
93-638 shall be in accordance with 41 CFR Chapters 1 and 3, except as
otherwise provided herein. If this subpart conflicts with any of the
other provisions of 41 CFR Chapters 1 or 3, the provisions of this
subpart govern.
48 CFR PHS 380.402 Waivers.
(a) The Secretary of Health and Human Services (HHS) waives Federal
contract clauses that are normally contained in the General provisions
of a contract to the extent that they are omitted from the General
provisions prescribed for such contracts in this subpart.
(b) The Secretary may waive for the purpose of a specific contract
other provisions of Federal contracting laws or regulations as
determined not appropriate in view of, or are inconsistent with, the
provisions of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.). Requests for such waivers shall be in
accordance with 42 CFR 36.216.
(c) Although it is PHS's policy to obtain competition whenever
possible, any contract award to a tribal organization resulting from the
submission of an Indian Self-Determination Contract Proposal will be
effected without competition.
(d) Proposed contracts under section 103 of the Indian
Self-Determination Act are exempted from the synopsis requirements of 41
CFR 1-1.1003. Although subcontracts are subject under section 7(b) of
that act to a preference to Indian organizations and to Indian-owned
economic enterprises, opportunities to so subcontract may be publicized
by contracting officers as provided for in 41 CFR 1-1.1003-4.
48 CFR PHS 380.403 Negotiating authority.
Contracts entered into pursuant to section 103 of the Indian
Self-Determination Act (25 U.S.C. 450g) will cite as the negotiating
authority 41 U.S.C. 252(c)(15) and 25 U.S.C. 450g.
48 CFR PHS 380.404 Definitions.
The definitions prescribed in 42 CFR 36.204 are applicable to this
supbart.
48 CFR PHS 380.405 Types of contracts.
(a) Cost-reimbursement contracts will be used for all contracts made
pursuant to this subpart between PHS and an Indian tribe or tribal
organization. In addition to other provisions as the Secretary may from
time to time require, the cost-reimbursement contracts shall contain the
terms set out in PHS 352.280-4(a).
(b) Fixed-price contracts may be used in only these instances where
costs can be precisely established. In addition to other provisions as
the Secretary may from time to time require, the fixed-price contracts
shall contain the terms set out in PHS 352.280-4(b).
(c) Cost sharing contracts may be used where the tribe contributes to
the cost of a program and may specify a percentage of cost or fixed
amount to be funded by the Government.
48 CFR PHS 380.406 Term of contract.
(a) The term of contracts awarded under the Act shall not exceed one
year except that contracts may be made for a longer term up to three
years subject to the availability of appropriations under the following
circumstances:
(1) The services provided under the contract can reasonably be
expected to be continuing in nature and, as a result, a longer contract
term would be advantageous.
(2) The Indian tribe or tribes to be served by the contract request
that the term be more than one year. The tribal organizational will
indicate the desired term of the contract in the Self-Determination
Contract Proposal.
(b) Contract made for a term of more than one year may be
renegotiated annually to reflect factors which include, but need not be
limited to, cost increases beyond the control of the tribal contractor.
Proposed changes in the services provided under the contract which
reflect changes in program emphasis may be considered during the annual
renegotiation if the changes fall within the general scope of the
contract.
48 CFR PHS 380.407 Exemption from bonds.
A tribal organization is not required to furnish performance and
payment bonds before carrying out a contract under this subpart for the
construction of public buildings or works as required by the Miller Act
of August 24, 1935 (49 Stat. 793), as amended. However, the tribal
organization shall require each of its subcontractors other than tribal
organizations, to furnish both performance and payment bonds as follows:
(a) A performance bond with a surety or sureties satisfactory to the
approving official, and in an amount he/she deems adequate, for the
protection of the United States.
(b) A payment bond with a surety or sureties satisfactory to the
approving official for the protection of all persons supplying labor and
material in the prosecution of the work provided for in the contract.
Whenever the total amount payable by the terms of the contract is not
more than $1,000,000, the payment bond shall be one-half the total
amount payable by the terms of the contract. Whenever the total amount
payable by the terms of the contract is more than $1,000,000 but not
more than $5,000,000, the payment bond shall be 40 percent of the total
amount payable by the terms of the contract. Whenever the total amount
payable by the terms of the contract is more than $5,000,000, the
payment bond shall be $2,500,000.
48 CFR PHS 380.408 Acquisition of construction and architect-engineering
service contract.
(a) This section sets forth procedures and requirements peculiar to
construction and architect-engineering service contracts. The terms and
conditions of these contracts when negotiated with an Indian tribe or
tribal organization pursuant to the Act shall, to the extent applicable,
be in accordance with the requirements set forth in 41 CFR Part 1-18 and
Subpart 1-4.10. However, if there is a conflict between 41 CFR Part 1-18
and Subpart 1-4.10, and any provision of the Act or 42 CFR Part 36, the
Act or 42 CFR Part 36 shall govern. In addition these contracts shall
include the special provisions identified in PHS 380.410.
(b) Exceptions.
(1) Subpart 1-18.10 of this title is not applicable.
(2) The contract clauses required by 1-18.703-1 of this title shall
be inserted in construction contracts with an Indian tribe or tribal
organization which serves as a governmental instrumentality of an Indian
tribe, but shall be prefaced by the provision contained in 1-18.702-3
of this title.
(3) In all cases, the contracting officer shall obtain and insert the
Wage Determination Decision issued by the Secretary of Labor in the
contract prior to award of any contract for construction that falls
within the purview of the Davis-Bacon Act. The Wage Determination
Decision should be furnished sufficiently in advance of the contract
award date to permit full consideration by the tribal organization and
any prospective subcontractors.
48 CFR PHS 380.409 Performance of personal services.
Any contract made under this subpart may include provisions for the
performance of personal services which would otherwise be performed by
Federal employees. Such services include, but are not limited to,
performing the following functions in connection with the contract and
applicable rules and regulations:
(a) Determining the eligibility of applicants for assistance,
benefits, or services.
(b) Determining the extent or amount of assistance, benefits, or
services to be provided.
(c) Providing such assistance, benefits, or services.
48 CFR PHS 380.410 Special provisions of Indian Self-Determination
contracts.
Contracts entered into pursuant to Section 103 of the Indian
Self-Determination Act must incorporate special clauses which are
consistent with those prescribed in Subpart I of Part 36 of 42 CFR on
the following subjects:
(a) Fair and equal treatment of Indian people.
(b) Use of Indian business concerns.
(c) Indian preference in training and employment.
(d) Indemnity and insurance.
(e) Reports to the Indian people.
(f) Penalties.
(g) Retrocession.
(h) Assumption and reassumption of contract programs.
48 CFR PHS 380.411 General provisions.
General provisions are published in these regulations (see PHS
352.280-4 for text of clauses) in order to respond to the expressed
desire of the Indian people, to have published in one place, all of the
terms and conditions applicable to contracts awarded under the Act.
These general provisions incorporate the special clauses whose titles
are listed in PHS 380.410, above, as well as applicable standard
contract clauses.
48 CFR PHS 380411 Subpart PHS 380.5 -- Acquisitions Under the Buy Indian Act
48 CFR PHS 380.500 Scope of subpart.
This subpart sets forth the policy on preferential acquisition from
Indians under the negotiation authority of the Bay Indian Act.
Applicability of this subpart is limited to acquisitions made by or on
behalf of the Indian Health Service of the Public Health Service.
48 CFR PHS 380.501 Policy.
(a) The Indian Health Service will utilize the negotiation authority
of the Buy Indian Act to give preference to Indians whenever the use of
that authority is authorized and is practicable. The Buy Indian Act was
enacted as a proviso to Section 23 of the Act of June 25, 1910, Chapter
431, Pub. L. 313, 61st Congress, 36 Stat. 861,and prescribes the
application of the advertising requirements of section 3709 of the
Revised Statutes to the acquisition of Indian supplies. As set out in
25 U.S.C. 47, the Buy Indian Act provides as follows:
So far as may be practicable Indian labor shall be employed, and
purchases of the products of Indian industry may be made in open market
in the discretion of the Secretary of the Interior.
(b) The functions, responsibilities, authorities, and duties of the
Secretary of the Interior for maintenance and operation of hospital and
health facilities for Indians and for the conservation of the health of
Indians were transferred to the Secretary of Health, Education, and
Welfare, on July 1, 1955 by Pub. L. 568, 83rd Congress, 42 U.S.C. 2001
et seq. Accordingly, the Secretary of Health and Human Services is
authorized to use the Buy Indian Act in the acquisition of products of
Indian industry in connection with the maintenance and operation of
hospital and health facilities for Indians and for the conservation of
the health of Indians. This authority has been delegated exclusively to
the Indian Health Service and is not available for use by any other HHS
component (unless that component is making an acquisition on behalf of
the Indian Health Service).
(c) Use of the Buy Indian Act negotiation authority has been
emphasized in subsequent legislation, particularly Pub. L. 94-437 and
Pub. L. 96-537.
48 CFR PHS 380.502 Definitions.
48 CFR PHS 380.502-1 Indian.
Indian means a member of any tribe, pueblo, band, group, village or
community that is recognized by the Secretary of the Interior as being
Indian or any individual or group of individuals that is recognized by
the Secretary of the Interior or the Secretary of Health and Human
Services. The Secretary of Health and Human Services in making such
determinations may take into account the determination of the tribe with
which affiliation is claimed.
48 CFR PHS 380.502-2 Indian firm.
Indian firm means a sole enterprise, partnership, corporation, or
other type of business organization owned, controlled, and operated by
one or more Indians (including, for the purpose of sections 301 and 302
of Pub. L. 94-437, former or currently federally recognized Indian
tribes in the State of New York) or by an Indian firm; or a nonprofit
firm organized for the benefit of Indians and controlled by Indians (see
PHS 380.503(a)).
48 CFR PHS 380.502-3 Product of Indian industry.
Product of Indian industry means anything produced by Indians through
physical labor or by intellectual effort involving the use and
application of skills by them.
48 CFR PHS 380.502-4 Buy Indian contract.
Buy Indian contract means any contract involving activities covered
by the Buy Indian Act that is negotiated under the provisions of 41
U.S.C. 252(c)(15) and 25 U.S.C. 47 between an Indian firm and a
contracting officer representing the Indian Health Service.
48 CFR PHS 380.502-5 Buy Indian restricted advertising.
Buy Indian restricted advertising is a special method of negotiated
acquisition conducted in the same manner as a formally advertised
acquisition, except that competition and award are restricted to Indian
firms (see FAR 19.101). Thus, a Buy Indian acquisition may be considered
an acquisition set-aside for Indian firms in the manner that some
acquisitions are set-aside for small business concerns (see FAR 19.101).
Set-aside acquisitions are, technically, negotiated acquisitions but
should be conducted as if they were formally advertised acquisitions in
instances where the formal advertising method would be used if the
set-aside was not in effect.
48 CFR PHS 380.503 Requirements.
(a) Indian ownership. The degree of ownership that is called for by
PHS 380.502-2 shall be 100 percent during the period covered by a Buy
Indian contract unless a deviation from that 100 percent requirement is
approved on an individual basis by the cognizant Area or Program Office
Director of the Indian Health Service. Such a deviation, which may be
to not less than 51 percent, must be accompanied by an appropriate
justification for the deviation.
(b) Joint ventures. An Indian firm may enter into a joint venture
with other entities for specific projects as long as the Indian firm is
the managing partner. However, the joint venture must be approved by
the contracting officer prior to the award of a contract under the Buy
Indian Act.
(c) Bonds. In the case of contracts for the construction,
alteration, or repair of public buildings or pubic works, performance
and payment bonds are required by the Miller Act (40 U.S.C. 270a) and
Part 28 of the Federal Acquisition Regulation (48 CFR Ch. 1). In the
case of contracts with Indian tribes or public nonprofit organizations
serving as governmental instrumentalities of an Indian tribe, bonds are
not required. However, bonds are required when dealing with private
business entities which are owned by an Indian tribe or members of an
Indian tribe. Bonds may be required of private business entities which
are joint ventures with, or subcontractors of, an Indian tribe or a
public nonprofit organization serving as a governmental instrumentality
of an Indian tribe. A bid guarantee or bid bond is required only when a
performance or payment bond is required.
(d) Indian preference in employment, training and subcontracting.
Contracts awarded under the Buy Indian Act are subject to the
requirements of section 7(b) of the Indian Self-Determination and
Education Assistance Act (Pub. L. 93-638), which requires that
preference be given to Indians in employment, training, and
subcontracting. Subpart 370.2 and the contract clauses in 352.270-2 and
352.270-3 represent the Department's implementation of section 7(b).
The Indian Preference clause set forth in 352.270-2 shall be included in
all Buy Indian solicitations and resultant contracts. The Indian
Preference Program clause set forth in 352.270-3 shall be used as
specified in 370.202(b). All requirements set forth in Subpart 370.2
which are applicable to the instant Buy Indian acquisition shall be
followed by the contracting officer, e.g., sections 370.204 and 370.205.
(e) Subcontracting. Not more than 50 percent of the work to be
performed under a prime contract awarded pursuant to the Buy Indian Act
shall be subcontracted to other than Indian firms. For this purpose,
work to be performed does not include the provision of materials,
supplies, or equipment.
(f) Wage rates. A determination of the minimum wage rates by the
Secretary of Labor as required by the Davis-Bacon Act (40 U.S.C.
276a-5) shall be included in all contracts awarded under the Buy Indian
Act for over $2,000 for construction, alteration, or repair, including
painting and decorating, of public buildings and public works, except
contracts with Indian tribes or public nonprofit organizations serving
as governmental instrumentalities of an Indian tribe. The wage rate
determination is to be included in contracts with private business
entities even if they are owned by an Indian tribe or members of an
Indian tribe and in connection with joint ventures with, or
subcontractors of, an Indian tribe or a public nonprofit organization
serving as a governmental instrumentality of an Indian tribe.
48 CFR PHS 380.504 Competition.
(a) Contracts to be awarded under the Buy Indian Act shall be subject
to competition among Indians or Indian concerns to the maximum extent
that competition is determined by the contracting officer to be
practicable, pursuant to FAR 14.101 and FAR 15.105. When competition is
determined not to be practicable, a Justification for Noncompetitive
Acquisition shall be prepared in accordance with 315.7105 and
subsequently retained in the contract file.
(b) Notwithstanding the provisions of Subpart 315.71, a request for
approval of noncompetitive acquisitions to be negotiated under the Buy
Indian Act may, if $25,000 or less, be approved by the chief of the
contracting office,or, if over $25,000, by the cognizant Area or Program
Office Director. Approval shall be in the form of a Justification for
Noncompetitive Acquisition.
(c) Solicitations must be synopsized and publicized in the Commerce
Business Daily (see FAR 5.2 and Subpart 305.2) and copies of the
synopses sent to the tribal office of the Indian tribal government
directly concerned with the proposed acquisition as well as to Indian
concerns and others having a legitimate interest. The synopsis should
state that the acquisition is restricted to Indian firms under the Buy
Indian Act.
48 CFR PHS 380.505 Responsibility determinations.
(a) A contract may be awarded under the Buy Indian Act only if it is
first determined that the project or function to be contracted for is
likely to be satisfactorily performed under such a contract and that the
project or function is likely to be properly completed or maintained
under that contract.
(b) The determination called for by paragraph (a), to be made prior
to the award of a contract, will be made in writing by the contracting
officer reflecting an analysis of the standards set forth in FAR
9.104-1, 309.104-1 of this Chapter and PHS 380.502-2.
48 CFR PHS 380505 48 CFR Ch. 4 (10-1-92 Edition)
48 CFR PHS 380505 Department of Agriculture
48 CFR PHS 380505 CHAPTER 4 -- DEPARTMENT OF AGRICULTURE
48 CFR PHS 380505 (Parts 400 to 499)
48 CFR PHS 380505 SUBCHAPTER A -- GENERAL
Part
Page
401 Agriculture Acquisition Regulation System
402 Definitions of words and terms
403 Improper business practices and personal conflicts of interest
404 Administrative matters
48 CFR PHS 380505
48 CFR PHS 380505 SUBCHAPTER B -- ACQUISITION PLANNING
405 Publicizing contract actions
406 Competition requirements
407 Acquisition planning
408 Required sources of supplies and services
409 Contractor qualifications
410 Specifications, standards, and other purchase descriptions
411 (Reserved)
412 Contract delivery or performance
48 CFR PHS 380505
48 CFR PHS 380505
48 CFR PHS 380505 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
413 Small purchase and other simplified purchase procedures
414 Sealed bidding
415 Contracting by negotiation
416 Types of contracts
417 Special contracting methods
418 (Reserved)
48 CFR PHS 380505
48 CFR PHS 380505 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
419 Small business and small disadvantaged business concerns
420 Labor surplus area concerns
421 (Reserved)
422 Application of labor laws to government acquisitions
423 Environment, conservation, and occupational safety
424 Protection of privacy and freedom of information
425 Foreign acquisition
426 (Reserved)
48 CFR PHS 380505
48 CFR PHS 380505 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
427 (Reserved)
428 Bonds and insurance
429 (Reserved)
430 Cost accounting standards
431 (Reserved)
432 Contract financing
433 Protests, disputes and appeals
48 CFR PHS 380505
48 CFR PHS 380505 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
434 Major system acquisition
435 Research and development contracting
436 Construction and architect-engineer contracts
437 Service contracting
438 (Reserved)
439 Management, acquisition, and use of information resources
440-441 (Reserved)
48 CFR PHS 380505
48 CFR PHS 380505 SUBCHAPTER G -- CONTRACT MANAGEMENT
442 Contract administration
443-444 (Reserved)
445 Government property
446 Quality assurance
447 Transportation
448 Value engineering
449 Termination of contracts
450 Extraordinary contractual actions
451 (Reserved)
48 CFR PHS 380505
48 CFR PHS 380505 SUBCHAPTER H -- CLAUSES AND FORMS
452 Solicitation provisions and contract clauses
453 Forms
48 CFR PHS 380505
48 CFR PHS 380505 48 CFR Ch. 4 (10-1-92 Edition)
48 CFR PHS 380505 Department of Agriculture
48 CFR PHS 380505 SUBCHAPTER A -- GENERAL
48 CFR PHS 380505 PART 401 -- AGRICULTURE ACQUISITION REGULATION SYSTEM
Sec.
401.000 Scope of Part.
48 CFR PHS 380505 Subpart 401.1 -- Purpose, Authority, Issuance
401.101 Purpose.
401.102 Authority.
401.103 Applicability.
401.103-70 Exclusions.
401.104 Issuance.
401.104-1 Publication and Code arrangement.
401.104-2 Arrangement of regulations.
401.104-3 Copies.
401.105-70 OMB approval under the Paperwork Reduction Act.
48 CFR PHS 380505 Subpart 401.2 -- Administration
401.201 Maintenance of the FAR.
401.201-1 The two councils.
48 CFR PHS 380505 Subpart 401.3 -- Agency Acquisition Regulations
401.301 Policy.
401.303 Codification and public participation.
401.304 Agency control and compliance procedures.
401.370 Departmental directives.
48 CFR PHS 380505 Subpart 401.4 -- Deviations From the FAR and AGAR
401.402 Policy.
401.403 Individual deviations.
401.404 Class deviations.
48 CFR PHS 380505 Subpart 401.6 -- Contracting Authority and
Responsibilities
401.601 General.
401.603 Selection, appointment, and termination of appointment.
401.603-1 General.
401.670 Legal review and assistance.
401.671 Ratification of unauthorized contract awards.
401.671-1 Definitions.
401.671-2 Authority.
401.671-3 Limitations on exercise of authority.
401.671-4 Procedures.
401.671-5 Nonratifiable commitments.
48 CFR PHS 380505 Subpart 401.70 -- Procurement Management Reviews
401.7001 General.
401.7002 Purpose.
401.7003 Scheduling.
401.7004 Frequency.
401.7005 Guidelines.
401.7006 Reports.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12111, Mar. 28, 1984, unless otherwise noted.
48 CFR 401.000 Scope of part.
This part presents introductory information about the Department of
Agriculture's Acquisition Regulation, subsequently referred to as the
AGAR. The AGAR is an integral part of the Federal Acquisition
Regulations System and implements or supplements the Federal Acquisition
Regulation (FAR).
48 CFR 401.000 Subpart 401.1 -- Purpose, Authority, Issuance
48 CFR 401.101 Purpose.
(a) This subpart establishes Chapter 4, the Department of Agriculture
Acquisition Regulation (AGAR), within Title 48 of the Code of Federal
Regulations. The AGAR provides for the codification and publication of
uniform policies and procedures for acquisitions by contracting
activities within the Department.
(b) The purpose of the AGAR is to implement the Federal Acquisition
Regulation (FAR), where further implementation is needed, and to
supplement the FAR when coverage is needed for subject matter not
covered in the FAR. The AGAR is not by itself a complete document, as
it must be used in conjunction with the FAR.
48 CFR 401.102 Authority.
The AGAR and amendments thereto are issued under 5 U.S.C. 301 and 40
U.S.C. 486(c). Pursuant to 7 CFR 2.76 the Director, Office of
Operations, has the delegated authority to promulgate Departmental
acquisition regulations.
48 CFR 401.103 Applicability.
The FAR and AGAR apply to all Department of Agriculture (USDA)
acquisitions of supplies and services (including construction) which
obligate appropriated funds, unless otherwise specified in this
regulation or excepted by law. For acquisitions using nonappropriated
funds, these regulations shall be used as guides to the maximum extent
feasible and consistent with efficient program operations.
48 CFR 401.103-70 Exclusions.
Certain USDA policies and procedures which come within the scope of
this chapter may be excluded from the AGAR under appropriately justified
circumstances, such as:
(a) Subject matter which bears a security classification (See FAR
4.402).
(b) Subject matter which is effective for a period less than 6
months.
(c) Subject matter which is instituted on an experimental basis for a
reasonable period.
48 CFR 401.104 Issuance.
48 CFR 401.104-1 Publication and code arrangement.
(a) The AGAR is issued in the Code of Federal Regulations as Chapter
4 of Title 48, Federal Acquisition Regulations System, to implement and
supplement Chapter 1 which constitutes the FAR. Parts 400 through 499
have been assigned to USDA by the Office of the Federal Register.
(b) The AGAR and its subsequent changes are published in: (1) Daily
issues of the Federal Register, (2) cumulative form in the Code of the
Federal Regulations, and (3) looseleaf form for distribution within the
Department.
48 CFR 401.104-2 Arrangement of regulations.
(a) General. The AGAR is divided into the same subchapters, parts,
subparts, sections, and subsections as the FAR. However, when the FAR
coverage is adequate by itself, there will be no AGAR counterpart. AGAR
coverage parallels the FAR in format, arrangement, and numbering system.
(b) Numbering. The AGAR numbering system conforms to the FAR. The
first digit, ''4'', represents the chapter number assigned to USDA,
followed by a 2-digit part number, and then a decimal point. Numbers
after the decimal point represent respectively the subpart, section (two
digits) and subsection separated from the former by a dash. For
example, the AGAR implementation of FAR 1.104 is shown as 401.104, and
of FAR 15.804-3 as 415.804-3. Subdivisions at the section and subsection
level are indicated by parenthetical alphanumerics in accordance with
the FAR scheme. However, subdivisions below the section and subsection
levels may not always correlate directly to FAR designated paragraphs
and subparagraphs.
(49 FR 12111, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10,
1985)
48 CFR 401.104-3 Copies.
Copies of the AGAR published in the Federal Register or Code of
Federal Regulations may be purchased from the Superintendent of
Documents, Government Printing Office, Washington, DC 20402. Requests
should reference Chapter 4 of Title 48 CFR.
48 CFR 401.105-70 OMB approval under the Paperwork Reduction Act.
The OMB control number 0505-0005 applies to USDA solicitations and
specified information collections within the AGAR.
(50 FR 14197, Apr. 10, 1985)
48 CFR 401.105-70 Subpart 401.2 -- Administration
48 CFR 401.201 Maintenance of the FAR.
48 CFR 401.201-1 The two councils.
(a) The Department is represented on the Civilian Agency Acquisition
Council by a Policy Team member of the Procurement Division, Office of
Operations.
(b) The Procurement Division will coordinate proposed FAR revisions
with interested contracting activities and serve as the point of contact
for interpreting regulations or receiving FAR revisions advocated by
contracting activities.
48 CFR 401.201-1 Subpart 401.3 -- Agency Acquisition Regulations
48 CFR 401.301 Policy.
(a) The Director, Office of Operations, subject to the authorities in
401.102 and FAR 1.301(c)(3), shall issue and publish in the Federal
Register, as may be required, Departmental regulations to implement and
supplement the FAR, that together with the FAR, constitute
Department-wide policies, procedures, solicitation provisions, and
contract clauses governing the contracting process or otherwise
controlling the relationship between the Department (including any of
its contracting activities) and contractors or prospective contractors.
(b) Each designated Head of a Contracting Activity (HCA) is
authorized to issue or authorize the issuance of, at any organizational
level, internal guidance which does not have a significant effect on
contractors or prospective contractors. ''Significant effect'' is
defined generally as something which has an effect beyond the internal
operating procedures of the activity, or has a cost or administrative
impact on offerors or contractors. Internal guidance issued by
contracting activities will not be published in the Federal Register.
HCAs shall ensure that the guidance, procedures, or instructions issued:
(1) Are consistent with the policies and procedures contained in this
regulation;
(2) Follow the format, arrangement, and numbering system of this
regulation to the extent practicable;
(3) Contain no material which duplicates, paraphrases, or is
inconsistent with this regulation; and
(4) Are numbered and identified by use of alphabetical suffixes to
the chapter number as follows:
4A Agricultural Marketing Service.
4B Agricultural Research Service.
4C Agricultural Stabilization and Conservation Service.
4D Farmers Home Administration.
4E Food Safety and Inspection Service.
4F Foreign Agricultural Service.
4G Forest Service.
4H Rural Electrification Administration.
4I Soil Conservation Service.
4J Economics Management Staff.
4K Food and Nutrition Service.
4L Animal and Plant Health Inspection Service.
4M Federal Crop Insurance Corporation.
4N Office of Operations, Procurement Division (Procurement
Operations).
4O (Reserved).
4P Office of International Cooperation and Development.
4R Office of the Inspector General.
4S Extension Service.
(49 FR 12111, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10,
1985)
48 CFR 401.303 Codification and public participation.
(a) The AGAR is codified as Chapter 4 Title 48 of the Code of Federal
Regulations.
(b) Section 553(a)(2) of the Administrative Procedures Act, 5 U.S.C.
553, provides an exception from the standard public rulemaking
procedures to the extent that the rule involves a matter related to
agency management or personnel or to public property, loans, grants,
benefits or contracts. OFPP Policy Letter 83-2 requires rulemaking for
substantive acquisition rules but allows discretion in the matter for
other than significant issues meeting the stated criteria. Accordingly,
AGAR has been promulgated and may be revised from time to time in
accordance with the rulemaking procedures of the Administrative
Procedures Act and OFPP Policy Letter 83-2. This procedure for
significant subject matter generally involves issuing a notice of
proposed rulemaking inviting public comment, review and analysis of
comments received, and publication of a final rule. The final rule
includes a discussion of the public comments received and describes any
changes made as a result of the comments.
48 CFR 401.304 Agency control and compliance procedures.
(a) The AGAR System is under the direct oversight and control of the
Director, Office of Operations, who is responsible for review and
issuance of all Department-wide acquisition regulations published in the
Federal Register to assure compliance with FAR Part 1.
(b) The Director, Office of Operations, is also responsible for
review and issuance of unpublished, Department-wide internal guidance
under the AGAR System.
(c) HCA's are responsible for establishment and implementation of
formal procedures for oversight and control of all unpublished internal
guidance issued to implement FAR or AGAR requirements. These procedures
shall be subject to the review and approval by the Director, Office of
Operations, and shall include:
(1) Provisions for centralized issuance of all guidance and
instructions using a directives system;
(2) Methods for periodic review and updating of all issuances;
(3) Distribution processes which assure timely receipt by all
affected contracting offices; and
(4) Provisions for maintaining compliance with FAR 1.304.
(d) The Director, Office of Operations, is responsible for evaluating
coverage under the AGAR System to determine applicability to other
agencies and for recommending coverage to the FAR Secretariat for
inclusion in the FAR.
(e) Recommendations for revision of existing FAR coverage or new FAR
coverage shall be submitted by the HCA to the Director, Office of
Operations, for further action.
48 CFR 401.370 Departmental directives.
Subject to the policies of FAR 1.3, the Department from time to time
may issue internal directives of the following types to establish
procedures, standards, guidance, or methods of performing duties,
functions, or operations.
(a) Departmental Regulations (DR). Permanent directives signed by
the Director, Office of Operations, to issue policies, authorities, and
operating instructions.
(b) Departmental Notices (DN). Temporary directives signed by the
Director, Office of Operations, to communicate policy or procedure which
require immediate dissemination.
(c) Secretary's Memoranda. Temporary directives signed by the
Secretary which establish major policy concerning missions and programs
of the Department, direct initial or implementing action on these
programs, or redirect or change policy or action in these areas.
48 CFR 401.370 Subpart 401.4 -- Deviations From the FAR and AGAR
48 CFR 401.402 Policy.
(a) Requests for authority to deviate from the provisions of the FAR
or the AGAR shall be submitted in writing as far in advance as the
exigencies of the situation will permit. Each request for deviation
shall contain the following:
(1) A statement of the deviation desired, including identification of
the specific paragraph number(s) of the FAR or AGAR;
(2) The reason why the deviation is considered necessary or would be
in the best interest of the Government;
(3) If applicable, the name of the contractor and identification of
the contract affected;
(4) A statement as to whether the deviation has been requested
previously and, if so, circumstances of the previous request;
(5) A description of the intended effect of the deviation;
(6) A statement of the period of time for which the deviation is
needed; and
(7) Any pertinent background information which will contribute to a
full understanding of the desired deviation.
48 CFR 401.403 Individual deviations.
In individual cases, deviations from either the FAR or the AGAR will
be authorized only when essential to effect a necessary acquisition or
where special circumstances make such deviations clearly in the best
interest of the Government. Except for cost principles, HCA's may
approve individual deviations from the AGAR, after coordinating with the
General Counsel and the Director, Office of Operations. No deviations
from the FAR or AGAR may be authorized at the contracting office level.
A copy of each deviation and its supporting documentation shall be
provided to the Director, Office of Operations. Deviations involving
cost principles contained in FAR Part 31 and Part 431, or any FAR
deviation, shall not be made unless such action is authorized by the
Director, Office of Operations, after consultation with the Office of
General Counsel and any other appropriate office, on the basis of a
written justification stating clearly the special circumstances
involved.
48 CFR 401.404 Class deviations.
Where deviations from the FAR or AGAR are considered necessary for
classes of contracts, requests for authority to deviate shall be
submitted in writing to the Director, Office of Operations, who will,
after obtaining appropriate concurrences from other officials (e.g.,
General Counsel, and such other parties of interest), consider the
submission, and in the case of FAR deviations, consider the submission
jointly with the Chairperson of the Civilian Agency Acquisition Council.
Where circumstances preclude obtaining prior concurrence of the
Chairperson of the Civilian Agency Acquisition Council, the Procurement
Executive may authorize the deviation and subsequently inform the
Chairperson of the Civilian Agency Acquisition Council of the deviation
including the circumstances under which it was required.
48 CFR 401.404 Subpart 401.6 -- Contracting Authority and Responsibilities
48 CFR 401.601 General.
(a) The authority and responsibility vested in the Secretary to
manage the Department's acquisition function is delegated through the
Assistant Secretary for Administration to the Director, Office of
Operations, who is the USDA Procurement Executive, pursuant to 7 CFR
2.76(a) (1) and (10). This broad authority includes, but is not limited
to, the following responsibilities:
(1) Prescribing and publishing Departmental acquisition policies,
regulations, and procedures.
(2) Taking any necessary actions consistent with policies,
regulations, and procedures with respect to purchases, contracts,
leases, and other transactions.
(3) Designating contracting officers.
(4) Establishing clear lines of contracting authority.
(5) Evaluating and monitoring the performance of the Department's
acquisition system.
(6) Managing and enhancing career development of the contracting work
force.
(7) Participating in the development of Government-wide acquisition
policies, regulations, and standards and determining specific areas
where Government-wide performance standards should be established and
applied.
(8) Determining areas of Department-unique standards and developing
unique Department-wide standards.
(9) Certifying to the Secretary that the acquistion system meets
approved standards.
(b) The Director, Office of Operations, may delegate contracting
authority to the Heads of Contracting Activities (HCA's) and the
responsibility to manage their acquisition function. Delegations of
authority for automatic data processing (ADP) equipment, services and
related supplies are limited in accordance with Part 439.
(49 FR 12111, Mar. 28, 1984, as amended at 51 FR 34564, Sept. 29,
1986)
48 CFR 401.603 Selection, appointment, and termination of appointment.
48 CFR 401.603-1 General.
An HCA may delegate contracting authority to the extent authorized by
the Procurement Executive in a general delegation of acquisition
authority, by appointing qualified individuals as contracting officers,
in accordance with the USDA Contracting Officer Warrant System,
Departmental Regulation 5001-1. Contracts may be entered into and
signed only by the Agency Head, HCA's, or other duly appointed
contracting officers acting within the scope of their authority.
(51 FR 34564, Sept. 29, 1986)
48 CFR 401.670 Legal review and assistance.
Proposed acquisitions may be subject to legal review by the Office of
the General Counsel in accordance with the procedures contained in
Departmental Directives (5000 series).
(50 FR 14197, Apr. 10, 1985)
401.671 Ratification of unauthorized contract awards.
(51 FR 34565, Sept. 29, 1986)
48 CFR 401.671-1 Definitions.
Ratification, as used in this section, means the signed, documented
action taken by an authorized official to approve and sanction a
previously unauthorized commitment.
Unauthorized commitment, as used in this section, means an agreement
made by a Government representative who lacked the authority to enter
into a contract on behalf of the Government.
(51 FR 34565, Sept. 29, 1986)
48 CFR 401.671-2 Authority.
Only contracting officers acting within the scope of their authority
may enter into contracts on behalf of the Government (see FAR 1.602).
However, subject to the limitations in 401.671-3 below, an HCA or
contracting officer having redelegable contracting authority may ratify,
to the extent of their individual delegations of authority, unauthorized
commitments.
(51 FR 34565, Sept. 29, 1986)
48 CFR 401.671-3 Limitations on exercise of authority.
(a) The authority in 401.671-2 above may be exercised only if --
(1) The work under the unauthorized commitment was needed by the
Government and was for the Government's benefit;
(2) The ratifying official could have granted authority to enter into
the commitment at the time it was made and still has the power to do so;
(3) The resulting contract would otherwise be proper. As used
herein, the phrase ''otherwise proper'' means that a ratification of an
unauthorized commitment can be made only if there occurred no violation
of any substantive legal requirement, e.g., there can be no ratification
unless the use of other than full and open competition can be justified
and approved; a determination made that the contractor is not debarred
or otherwise ineligible for award; the organizational conflict of
interest reviews and determinations, if required, are completed; and
all other substantive legal requirements have been met;
(4) Supplies or services being provided are acceptable to the
Government;
(5) The ratifying official determines the price to be fair and
reasonable;
(6) The ratifying official recommends payment; and
(7) Funds are available and were available at the time the
unauthorized commitment was made.
(b) Any unauthorized commitment that would involve claims subject to
resolution under the Contract Disputes Act of 1978 shall be processed in
accordance with FAR Subpart 33.2.
(51 FR 34565, Sept. 29, 1986)
48 CFR 401.671-4 Procedures.
Whenever a ratifying official of the cognizant contracting activity
learns that a person or firm has assumed work as a result of an
unauthorized commitment, that official shall take the following actions:
(a) 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;
(b) Inform the person who made the unauthorized commitment of the
seriousness of the act and the possible consequences;
(c) Ensure that the individual who made the unauthorized commitment
furnishes all records and documents concerning the commitment and a
complete, written statement of facts, including, but not limited to: a
statement as to why a contracting officer was not used; why the vendor
was selected and a list of sources considered; a description of work to
be performed or products to be furnished; the estimated or agreed
price; whether an appropriation is available for the work; and whether
performance has begun. Under exceptional circumstances, such as when
the person who made the unauthorized commitment is no longer available
to attest to the circumstances of the unauthorized commitment, the
ratifying official may waive these requirements; and
(d) Decide whether ratification is proper and proceed as follows:
(1) If ratification is not justifiable, provide the cognizant program
office, contracting office, and the unauthorized contractor with an
explanation of the decision not to ratify.
(2) If ratification appears adequately justified, ratify the action
and retain or assign the contract to a successor contracting officer if
necessary.
(3) Maintain related approval, decisional, and background documents
in the contract file for audit purposes.
(4) Notify the cognizant program supervisor or line officer about the
final disposition of the case; the notification may include a
recommendation that the unauthorized commitment should be further
considered as a violation of the employee conduct regulations of the
Department. (See 7 CFR 0.735-11).
(51 FR 34565, Sept. 29, 1986)
48 CFR 401.671-5 Nonratifiable commitments.
Cases that are not ratifiable under this section may be subject to
resolution as recommended by the General Accounting Office under its
claim procedure (4 CFR Part 31), or as authorized by FAR Part 50. Legal
advice should be obtained in those instances.
(51 FR 34565, Sept. 29, 1986)
48 CFR 401.671-5 Subpart 401.70 -- Procurement Management Reviews
Source: 51 FR 34565, Sept. 29, 1986, unless otherwise noted.
48 CFR 401.7001 General.
It is the policy of the Office of Operations to regularly conduct
procurement management reviews (PMRs) of contract activities'
procurement management and operations. This will fulfill a
responsibility of the Senior Procurement Executive under Executive Order
12352 and the duties stated in 7 CFR 2.25 and 7 CFR 2.76, to oversee
development of procurement systems and evaluate systems performance.
48 CFR 401.7002 Purpose.
Procurement management review will be conducted for the principal
purpose of ensuring compliance with the FAR, AGAR, and other Federal
procurement laws and regulations. Reviews will also analyze staffing,
training, agency regulations, forms, organization, and overall
management of the procurement function.
48 CFR 401.7003 Scheduling.
Reviews will normally be scheduled at least 60 days in advance. A
scheduling letter, requesting some specific information from the office
to be reviewed, will be sent to the HCA after preliminary discussions
with the HCA's administrative services director to avoid scheduling
conflicts, periods of personnel absences, etc. Review plans will be
discussed, and, to the extent feasible, coordinated with the Offices of
Finance and Management, Inspector General, and Advocacy and Enterprise.
48 CFR 401.7004 Frequency.
The Office of Operations will review at least one major procurement
office within each contract activity on a 2 or 3-year cycle. Large
contracting activities with decentralized procurement will receive more
frequent reviews, as time and resources permit. Occasionally, more
frequent or more in-depth reviews may be necessary to analyze special
problem situations. HCA's are encouraged to make their internal review
schedules known to the Office of Operations-PMR Team, and may request
assistance in performing their internal reviews.
48 CFR 401.7005 Guidelines.
Guidelines for conducting PMR's are found in the Office of
Operations, Procurement Management Review Handbook.
48 CFR 401.7006 Reports.
Draft reports of findings, recommendations and required corrective
actions will be sent to administrative services directors for review and
comment on factual inaccuracies or statements unfounded in fact. Final
reports will be sent to HCA's. Reports will also contain suggestions
for improvements in procedure and management of the acquisition
function.
48 CFR 401.7006 PART 402 -- DEFINITIONS OF WORDS AND TERMS
Sec.
402.000 Scope of part.
402.001 Definitions.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12113, Mar. 28, 1984, unless otherwise noted.
48 CFR 402.000 Scope of part.
As used throughout this regulation, the following words and terms are
used as defined in this subpart unless the context in which they are
used clearly requires a different meaning, or a different definition is
prescribed for a particular part or portion of a part.
48 CFR 402.001 Definitions.
Agency Head or Head of the Agency means the Secretary of Agriculture,
Deputy Secretary, and the Assistant Secretary for Administration.
Contracting Activity means the Office of Operations and other USDA
organizations having delegated acquisition contracting authority. A
contracting activity's authority and responsibility to manage its
acquisition contracting function and those of other organizations for
which it provides administrative support are established by a written
delegation from the Director, Office of Operations.
Head of the Contracting Activity (HCA) means the official who has
overall responsibility for managing the contracting activity, i.e.,
Chief, Forest Service; Administrator, Agricultural Marketing Services;
etc. Each HCA may designate one individual from the contracting activity
to act as the HCA and perform the delegated contract management
functions for the contracting activity.
Procurement Executive means the agency official appointed as such by
the Head of the Agency pursuant to Exectutive Order 12352. The
Director, Office of Operations, has been designated as the USDA
Procurement Executive.
48 CFR 402.001 PART 403 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
48 CFR 402.001 Subpart 403.2 -- Contractor Gratuities to Government
Personnel
Sec.
403.203 Reporting suspected violation of the gratuities clause.
403.204 Treatment of violations.
48 CFR 402.001 Subpart 403.3 -- Reports of Identical Bids and Suspected
Antitrust Violations
403.302 Reporting Identical Bids.
403.303 Reporting suspected antitrust violations.
48 CFR 402.001 Subpart 403.4 -- Contingent fees
403.408 Evaluation of the SF.-119.
403.408-1 Responsibilities.
403.409 Misrepresentations or violations of the Convenant Against
Contingent Fees.
48 CFR 402.001 Subpart 403.5 -- Other Improper Business Practices
403.502 Subcontractor kickbacks.
48 CFR 402.001 Subpart 403.6 -- Contracts with Government Employeees or
Organizations Owned or Controlled by Them
403.602 Exceptions.
403.603 Responsibilities of the contracting officer.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12113, Mar. 28, 1984, unless otherwise noted.
48 CFR 402.001 Subpart 403.2 -- Contractor Gratuities to Government Personnel
48 CFR 403.203 Reporting suspected violation of the gratuities clause.
A suspected violation of the contract clause, FAR 52.203-3,
Gratuities, shall be reported immediately to the cognizant contracting
officer in writing, stating the circumstances surrounding the
incident(s), and date(s) and names of all parties involved. The
contracting officer shall review the report for completeness, add any
additonal information deemed necessary and a recommendation for action,
and submit the report to the HCA.
48 CFR 403.204 Treatment of violations.
The HCA shall review the report and consult with the Offices of
General Counsel and Inspector General, as appropriate, to determine
whether further action should be pursued. If it is found that the facts
and circumstances warrant further action, the HCA shall give the
contractor formal, written notice which summarizes the reported
violation and affords the contractor the opportunity to make a written
or oral response within a reasonable, specified period after receipt of
the notice. The notice shall be sent by certfied mail with return
receipt requested. Oral presentations shall follow the procedures
outlined in FAR 3.204(b). The HCA shall furnish copies of any adverse
determination to the contracting officer and the Department Debarring
Officer for their subsequent considerations under FAR 3.204(c) (1) and
(2), respectively.
48 CFR 403.204 Subpart 403.3 -- Reports of Identical Bids and Suspected Antitrust Violations
48 CFR 403.302 Reporting identical bids.
Executive Order 12430 dated July 6, 1983, revoked the requirement of
Executive Order 10936 dated April 24, 1961, to submit reports to the
Attorney General regarding identical bids.
48 CFR 403.303 Reporting suspected antitrust violations.
Contracting officers shall report the circumstances of suspected
violations of antitrust laws to the Office of Inspector General in
accordance with procedures in Departmental Regulation 1710-2.
(50 FR 14197, Apr. 10, 1985)
48 CFR 403.303 Subpart 403.4 -- Contingent Fees
48 CFR 403.408 Evaluation of the SF-119.
48 CFR 403.408-1 Responsibilities.
The review required by FAR 3.408-1(b) shall be performed at a level
higher than the contracting officer.
48 CFR 403.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
(a) A suspected misrepresentation or violation of the Covenant
Against Contingent Fees shall be documented in writing by the
contracting officer and reported immediately to the HCA. The HCA shall
determine if a violation has occurred and take action in accordance with
FAR 3.409(b).
(b) If the HCA decides to refer the case to the Department of
Justice, it should be referred directly with a copy of the report and
referral submitted to the Director, Office of Operations.
48 CFR 403.409 Subpart 403.5 -- Other Improper Business Practices
48 CFR 403.502 Subcontractor kickbacks.
Contracting officers shall report the circumstances of suspected
violations of the Anti-Kickback Act (41 U.S.C. 51-54) to the Office of
Inspector General in accordance with procedures in Departmental
Regulation 1710-2.
(50 FR 14197, Apr. 10, 1985)
48 CFR 403.502 Subpart 403.6 -- Contracts With Government Employees or Organizations Owned or Controlled by Them
48 CFR 403.602 Exceptions.
The HCA is authorized to except a contract from the policy in FAR
3.601.
48 CFR 403.603 Responsibilities of the contracting officer.
The contracting officer, when requesting authorization under 403.602,
shall prepare a written determination and findings for the signature of
the HCA. The determination shall document compliance with FAR 3.603
specifying the compelling reason(s) for award, and be placed in the
contract file.
48 CFR 403.603 PART 404 -- ADMINISTRATIVE MATTERS
48 CFR 403.603 Subpart 404.4 -- Safeguarding Classified Information
Within Industry
Sec.
404.402 General.
404.403 Responsibilities of contracting officers.
48 CFR 403.603 Subpart 404.6 -- Contract Reporting
404.601 Federal Procurement Data System.
404.670 Solicitation provision.
48 CFR 403.603 Subpart 404.8 -- Contract Files
404.805 Disposal of contract files.
404.870 Document numbering system.
404.870-1 Purchase order/delivery order numbering system.
404.870-2 Contract numbering system.
48 CFR 403.603 Subpart 404.70 -- Precontract Notices
404.7001 Solicitation provision.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12114, Mar. 28, 1984, unless otherwise noted.
48 CFR 403.603 Subpart 404.4 -- Safeguarding Classified Information Within Industry
48 CFR 404.402 General.
(a) Based on an agreement with the Department of Defense, USDA is
covered by the Defense Industrial Security Program (DISP). Accordingly,
all contracting activities will conduct classified acquisitions as
required by the DISP.
(b) Detailed information on DISP requirements is maintained by the
Chief, Security and Employee Relations Staff, Office of Personnel,
Washington, DC 20250.
48 CFR 404.403 Responsibilities of contracting officers.
When a proposed solicitation is likely to require access to
information classified by USDA, the contracting officer shall consult
with the Chief, Security and Employee Relations Staff, Office of
Personnel, regarding the procedures that must be followed.
48 CFR 404.403 Subpart 404.6 -- Contract Reporting
48 CFR 404.601 Federal Procurement Data System.
(a) The Procurement Division, Office of Operations, manages an
automated procurement reporting system for USDA. This system provides
the Federal Procurement Data System with all required contracting
information.
(b) Contracting activities shall report all contract actions into the
USDA Procurement Reporting System in accordance with the regulations and
notices of the 5010 classification series in the Departmental Directives
System.MI11(c) Questions about the USDA Procurement Reporting System
should be directed to the Procurement Division, Office of Operations,
Washington, DC 20250.
48 CFR 404.670 Solicitation provision.
The contracting officer shall insert the provision at 452.204-70,
Data Universal Numbering System (DUNS), in each solicitation that will
result in an award which will be subject to reporting on Form AD-760.
(53 FR 6062, Feb. 29, 1988)
48 CFR 404.670 Subpart 404.8 -- Contract Files
48 CFR 404.805 Disposal of contract files.
Contracting activities shall comply with their organizational file
plans and disposition guides with respect to procedures for handling,
storing, and disposing of contract files and other acquisition related
documents. Contracting activity file plans and disposition guides shall
not include provisions that permit contract files to be destroyed before
the times indicated in FAR 4.805.
48 CFR 404.870 Document numbering system.
The Department has prescribed a standardized numbering system for
acquisition documents.
48 CFR 404.870-1 Purchase order/delivery order numbering system.
USDA purchasing activities shall number their purchase/delivery
orders in accordance with NFC Procedures Manual, ''Purchase Orders,''
Title II, Section 5.1.
48 CFR 404.870-2 Contract numbering system.
Contracting offices shall assign an 8 to 12-digit number to all
contracts. Contract numbers will be divided into four data elements and
formatted as follows:
(a) Transaction Code. This two-position code identifies the contract
as being one of the following types:
(1) Code 50 -- construction contract;
(2) Code 51 -- (Reserved)
(3) Code 52 -- tree planting/thinning contract;
(4) Code 53 -- service contract;
(5) Code 54 -- supply contract;
(6) Code 55 -- aircraft rental (for firefighting purposes only)
contract;
(7) Code 56 -- personal equipment rental (rental of vehicular
equipment for firefighting purposes only) contract;
(8) Code 57 -- leasehold interest in real property contract
(b) Ordering Office. This four-position alpha-numeric code
corresponds to the last four characters of the contracting office's GSA
assigned FEDSTRIP requisitioner number.
(c) Fiscal Year. This one-position code corresponds to the last
digit of the fiscal year in which the contract becomes effective.
(d) Control Number. This up-to-five position code (from one to five
characters may be used) will be assigned by the contracting office.
While contracts will generally be numbered consecutively (1 through
99999), contracting offices may assign codes in any manner of their
choosing. Codes may not be repeated, however, unless one of the
preceding data elements (transaction code, ordering office, or fiscal
year) changes. Alpha, as well as numeric, characters may be used in any
one or more of the five positions.
(49 FR 12114, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10,
1985)
48 CFR 404.870-2 Subpart 404.70 -- Precontract Notices
48 CFR 404.7001 Solicitation provision.
The contracting officer shall insert a provision substantially the
same as the provision at 452.204-71, Inquiries, in all solicitations.
(53 FR 6062, Feb. 29, 1988)
48 CFR 404.7001 SUBCHAPTER B -- ACQUISITION PLANNING
48 CFR 404.7001 PART 405 -- PUBLICIZING CONTRACT ACTIONS
48 CFR 404.7001 Subpart 405.4 Release of Information
Sec.
405.404-1 Release procedures.
48 CFR 404.7001 Subpart 405.5 -- Paid Advertisements
405.502 Authority.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12115, Mar. 28, 1984, unless otherwise noted.
48 CFR 404.7001 Subpart 405.4 -- Release of Information
48 CFR 405.404-1 Release procedures.
(a) HCA's shall establish procedures to control the release of
long-range acquisition estimates as authorized under FAR 5.404-1.
(b) Classified information shall not be released without the approval
of the Chief, Security and Employee Relations Staff, Office of
Personnel.
(49 FR 12115, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10,
1985)
48 CFR 405.404-1 Subpart 405.5 -- Paid Advertisements
48 CFR 405.502 Authority.
HCA's are authorized to order the publication of an advertisement in
newspapers. HCA's may redelegate this authority by regulation, order,
or memorandum to subordinates within the contracting activity.
48 CFR 405.502 PART 406 -- COMPETITION REQUIREMENTS
48 CFR 405.502 Subpart 406.3 -- Other Than Full Open Competition
406.302 Circumstances permitting other than full and open
competition.
406.302-70 Otherwise authorized by law.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c); and Sec. 1470, Pub.
L. 95-113, 91 Stat. 1019 (7 U.S.C. 3316).
Source: 51 FR 34566, Sept. 29, 1986, unless otherwise noted.
48 CFR 405.502 Subpart 406.3 -- Other Than Full and Open Competition
48 CFR 406.302 Circumstances permitting other than full and open competition.
48 CFR 406.302-70 Otherwise authorized by law.
(a) Authority. Section 1472 of the National Agricultural Research,
Extension,and Teaching Policy Act of 1977 (7 U.S.C. 3318) authorizes the
Secretary to award contracts, without competition, to further research,
extension, or teaching programs in the food and agricultural sciences.
(b) Limitations. The use of this authority is limited to those
instances where it can be determined that contracting without full and
open competition is in the best interest of the Government and necessary
to the accomplishment of a research, extension, or teaching program.
Therefore:
(1) Contracts under the authority of the Act shall be awarded on the
basis of full and open competition; and
(2) When full and open competition is not deemed apropriate, the
contracting officer shall make a written justification on a case-by-case
basis in accordance with the procedures in FAR 6.303.
48 CFR 406.302-70 PART 407 -- ACQUISITION PLANNING
48 CFR 406.302-70 Subpart 407.1 -- Acquisition Plans
Sec.
407.102 Policy.
407.170 Advance acquisition plans.
48 CFR 406.302-70 Subpart 407.3 -- Contractor Versus Government
Performance
407.302 General.
407.305 Solicitation provision and contract clause.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12115, Mar. 28, 1984 (interim rule), and 50 FR 14197,
Apr. 10, 1985 (final rule), unless otherwise noted.
48 CFR 406.302-70 Subpart 407.1 -- Acquisition Plans
48 CFR 407.102 Policy.
Each HCA shall develop an acquisition planning system in compliance
with the requirements of FAR Subpart 7.1 for complex/high dollar
acquisitions. The HCA should establish the criteria for requiring
formal written plans and determine the dollar thresholds for use in each
contracting activity that will ensure application of the principles of
this section in FAR Subpart 7.1.
48 CFR 407.170 Advance acquisition plans.
Each HCA shall implement an advance acquisition planning system in
accordance with procedures in Departmental Directives (5000 series).
(49 FR 12115, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10,
1985)
48 CFR 407.170 Subpart 407.3 -- Contractor Versus Government Performance
48 CFR 407.302 General.
The requirements of FAR Subpart 7.3 and OMB Circular A-76 are
implemented in Departmental Directives (2100 series).
(50 FR 14197, Apr. 10, 1985)
48 CFR 407.305 Solicitation provision and contract clause.
The contracting officer shall insert the clauses at 452.207-70,
Definition of ''Right of First Refusal'', and 452.207-71, Report of
Employment Under Commercial Activities, when the clause at FAR 52.207-3,
Right of First Refusal of Employment, is used.
(53 FR 6063, Feb. 29, 1988)
48 CFR 407.305 PART 408 -- REQUIRED SOURCES OF SUPPLIES AND SERVICES
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 407.305 Subpart 408.8 -- Acquisition of Printing and Related Suppies
48 CFR 408.802 Policy.
(a) The Office of Governmental and Public Affairs (OGPA) has been
designated as the Department's liaison with the Joint Committee on
Printing (JCP) and the Public Printer, Government Printing Office, on
all matters related to printing.
(b) Departmental organizations and offices with publication programs
have designated a publication liaison officer who is authorized to
coordinate appropriate printing and publication matters with OGPA.
(c) Prior to contracting for any of the items defined in FAR 8.801,
the contracting officer shall verify that the requisite approval has
been received by the publication liaison officer or requisitioner.
(49 FR 12115, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10,
1985)
48 CFR 408.802 PART 409 -- CONTRACTOR QUALIFICATIONS
48 CFR 408.802 Subpart 409.4 -- Debarment, Suspension and Ineligibility
Sec.
409.403 Definitions.
409.404 Consolidated list of debarred, suspended, and ineligible
contractors.
409.405 Effect of listing.
409.405-1 Continuation of current contracts.
409.405-2 Restrictions on subcontracting.
409.406 Debarment.
409.406-3 Procedures.
409.407 Suspension.
409.407-3 Procedures.
409.470 Appeals.
48 CFR 408.802 Subpart 409.5 -- Organizational Conflict of Interest
409.503 Waiver.
409.504 Contracting officer responsibilities.
409.507 Procedures.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12115, Mar. 28, 1984, unless otherwise noted.
48 CFR 408.802 Subpart 409.4 -- Debarment, Suspension and Ineligibility
48 CFR 409.403 Definitions.
Debarment official. The Director, Office of Operations, is
designated as the debarment official (Department Debarring Officer)
pursuant to the Secretary's delegations of authority in 7 CFR 2.25 and
2.76. However, for contracts awarded under the School Lunch and Surplus
Removal Program (42 U.S.C. 1755 and 7 U.S.C. 612C), the Department
Debarring Officer has delegated debarring authority to the Agricultural
Marketing Service.
48 CFR 409.404 Consolidated list of debarred, suspended, and ineligible
contractors.
(a) The Department Debarring Officer is the department's single point
of contact with GSA for debarment and suspension actions taken under
this subpart. The debarring officer in the Agricultural Marketing
Service shall notify the Department Debarring Officer of each debarment
and suspension action by promptly submitting a copy of the debarment or
suspension notice and any later changes to the debarment or suspension
status. The Department Debarring Officer will forward a copy of each
notice to GSA for inclusion in the Government-wide consolidated list.
(b) The Chief, Procurement Division, Office of Operations, is
responsible for arranging bulk distribution of the consolidated list to
contracting activities under the USDA Automated Mailing List.
Contracting activities must make their own internal distribution.
48 CFR 409.405 Effect of listing.
Compelling reasons are considered to be present where failure to
contract with the debarred or suspended contractor would seriously harm
the agency's programs and prevent accomplishment of mission
requirements. The Director, Office of Operations, is authorized to make
the determinations under FAR 9.405. Requests for such determinations
shall be submitted through the HCA to the Director, Office of
Operations.
48 CFR 409.405-1 Continuation of current contracts.
The HCA is authorized to make the determinations under FAR 9.405-1.
48 CFR 409.405-2 Restrictions on subcontracting.
The HCA is authorized to approve subcontracts with debarred or
suspended subcontractors under FAR 9.405-2.
48 CFR 409.406 Debarment.
48 CFR 409.406-3 Procedures.
(a) Investigation and referral. When a contracting officer becomes
aware of possible irregularities or any information which may be
sufficient cause for debarment, the case shall be immediately referred
through the HCA to the debarring official. The case must be accompanied
by a complete statement of the facts (including a copy of any criminal
indictments, if applicable) along with a recommendation for action.
Where the statement of facts indicates the irregularities to be possible
criminal offenses, or for any other reason further investigation is
considered necessary, the matter shall be referred to the HCA who should
consult with the Office of Inspector General to determine if further
investigation is required prior to referring to the debarring official.
(b) Decision-making process. If, after reviewing the recommendations
and consulting with the Office of Inspector General and Office of the
General Counsel, as appropriate, the debarring official determines
debarment is justified, the debarring official shall initiate the
proposed debarment in accordance with FAR 9.406-3(c) and notify the HCA
of the action taken.
(c) Fact-finding proceedings. For actions listed under FAR
9.406-3(b)(2), the contractor shall be given the opportunity to appear
at an informal hearing. The hearing should be held at a location and
time that is convenient to the parties concerned, if at all possible.
The contractor and any specifically named affiliates may be represented
by counsel or any duly authorized representative. Witnesses may be
called by either party. The proceedings shall be conducted
expeditiously and in such a manner that each party will have an
opportunity to present all information considered pertinent to the
proposed debarment. The contractor shall be provided a copy of a
transcript of the proceedings under the conditions established in FAR
9.406-3(b)(2)(ii).
48 CFR 409.407 Suspension.
48 CFR 409.407-3 Procedures.
(a) Investigation and referral. When a contracting officer becomes
aware of possible irregularities or any information which may be
sufficient cause for suspension, the case shall be immediately referred
through the HCA to the debarring official. The case must be accompanied
by a complete statement of the facts along with a recommendation for
action. Where the statement of facts indicates the irregularities to be
possible criminal offenses, or for any other reason further
investigation is considered necessary, the matter shall be referred to
the HCA who should consult with the Office of Inspector General to
determine if further investigation is required prior to referring to the
debarring official.
(b) Decision-making process. If, after reviewing the recommendations
and consulting with the Office of Inspector General and Office of the
General Counsel, as appropriate, the debarring official determines
suspension is justified, the debarring official shall initiate the
proposed suspension in accordance with FAR 9.407-3(c) and notify the HCA
of the action taken.
(c) Fact-finding proceedings. For actions listed under FAR
9.407-3(b)(2), the contractor shall be given the opportunity to appear
at an informal hearing, similar in nature to the hearing for debarments
as discussed in 409.406-3(c).
48 CFR 409.470 Appeals.
A debarred or suspended contractor may appeal the debarring officer's
decision by mailing or otherwise furnishing a written notice within 90
days from the date of the decision to the U.S. Department of Agriculture
Board of Contract Appeals, Washington, DC 20250. A copy of the notice
of appeal shall be furnished to the debarring officer from whose
decision the appeal is taken. Appeals under Subpart 409.4 shall be
governed by the rules and procedures of the U.S. Department of
Agriculture Board of Contract Appeals set forth in 7 CFR, Part 24.
48 CFR 409.470 Subpart 409.5 -- Organizational Conflicts of Interest
48 CFR 409.503 Waiver.
(a) The Director, Office of Operations, is authorized to waive any
general rule or procedure in FAR 9.5 when in the Government's interest.
(b) Requests for waiver shall be made by the HCA. Each request shall
include:
(1) The general rule or procedure proposed to be waived;
(2) An analysis or the potential conflict, including the benefits and
detriments to the Government and prospective contractors;
(3) A discussion of why the conflict cannot be avoided, neutralized,
or mitigated; and
(4) Advice of counsel obtained under FAR 9.504(b).
48 CFR 409.504 Contracting officer responsibilities.
The contracting officer shall insert a clause substantially the same
as the clause at 452.209-70, Organizational Conflict of Interest, in
solicitations and contracts, if there is a potential for an
organizational conflict of interest as described in FAR Subpart 9.5.
(53 FR 6063, Feb. 29, 1988)
48 CFR 409.507 Procedures.
(a) The Director, Office of Operations, is authorized to make the
final decision under FAR 9.507(c)(4) when a prospective contractor
disagrees with the decision by the HCA.
(b) Referrals shall be made by the HCA and include:
(1) A copy of the prospective contractor's request; and
(2) The initial decision made under FAR 9.507(a), along with the
supporting documentation.
48 CFR 409.507 PART 410 -- SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE
DESCRIPTIONS
410.004 Selecting specifications or descriptions for use.
410.007 Deviations.
410.011 Contract clauses.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12117, Mar. 28, 1984, unless otherwise noted.
48 CFR 410.004 Selecting specifications or descriptions for use.
(a) In accordance with FAR 10.004(b)(2), purchase descriptions shall
not specify a product, or specific feature of a product, peculiar to a
manufacturer unless the office initiating the purchase request furnishes
written documentation and the contracting officer concurs that the
product, or specific product feature, is essential to the Government's
requirements and other similar products will not meet their
requirements.
(b) A ''brand name or equal'' purchase description shall be used only
under the conditions listed in FAR 10.004(b)(3) and in accordance with
the following policies and procedures.
(1) A ''brand name product'' is a commercial product described by its
brand name, make, model number, catalog designation or other description
by which it is regularly offered for sale in the commercial marketplace.
(2) A ''Brand Name, or Equal'' purchase description shall include the
following type information to clearly indentify the specific item named
by brand(s):
(i) Identification of the item by generic description.
(ii) Make, model number, catalog designation, or other description,
and identification of the commercial catalog where it is listed.
(iii) Name of manufacturer, producer, or distributor of the item and
complete address.
(3) All salient characteristics of the ''brand name product or
products'' which have been determined by the initiating office to be
essential to the Government's minimum requirements shall be clearly
identified and included in the purchase description under the heading,
''Salient Characteristics.''
(4) The following or similar language shall be included in every
solicitation seeking offers on a ''brand name, or equal'' basis to allow
offerors the opportunity to clearly identify the ''equal'' item being
offered, and how that item meets the salient characteristics
requirements of the Government:
(i) Offerors proposing to furnish an ''equal'' product, in accordance
with the ''Brand Name, or Equal'' provision of this solicitation, shall
provide the following information for the offered product:
Item Number:
Manufacturer's Name:
Address:
Product Name (if any):
Product Make, Model or Catalog Description:
Offerors shall also be responsible for submitting all additional
information on the above product necessary for the Government to
determine whether the product offered meets the salient characteristics
of the ''brand name'' as listed in the solicitation.
(5) In addition, the provision at 452.210-70, Brand Name or Equal,
shall be inserted in solicitations where ''brand name or equal''
purchase descriptions are used. This provision may be modified for use
in negotiated contracts.
(c) The policies and procedures in this section and the provision at
452.210-70 are not applicable to contracts for construction services,
since the use of trade name descriptions are covered by the clause at
FAR 52.236-5, Material and Workmanship.
(49 FR 12117, Mar. 28, 1984, as amended at 50 FR 14198, Apr. 10,
1985)
Effective Date Note: The information collection requirements
contained in 410.004 will not be required until approved by the Office
of Management and Budget.
48 CFR 410.007 Deviations.
HCA's are designated to authorize deviations as required by FAR
10.007 and are responsible for accomplishing the actions required by FAR
10.007. Copies of the applicable documents shall be provided to the
Director, Office of Operations.
48 CFR 410.011 Contract clauses.
(a) The contracting officer shall insert the clause at 452.210-71,
Statement of Work/Specifications, when the statement of work or
specifications is included in Section J of the solicitation.
(b) The contracting officer shall insert the clause at 452.210-72,
Attachment to Statement of Work/Specifications, when there are
attachments to the statement of work or specifications.
(53 FR 6063, Feb. 29, 1988)
48 CFR 410.011 PART 411 -- (RESERVED)
48 CFR 410.011 PART 412 -- CONTRACT DELIVERY OR PERFORMANCE
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 410.011 Subpart 412.1 -- Delivery or Performance Schedules
48 CFR 412.104 Contract clauses.
(a)(1) If the type of contract is a cost-plus-fixed fee, the
contracting officer shall insert the clause at 452.212-70, Level of
Effort -- Cost Reimbursement Term Contract.
(2) If the type of contract is a cost or cost-sharing, the
contracting officer shall use the clause with its Alternate I.
(3) If the type of contract is a cost-plus-incentive-fee, the
contracting officer shall use the clause with its Alternate II.
(4) If the type of contract is a cost-plus-award-fee, the contracting
officer shall use the clause with its Alternate III.
(b) The contracting officer shall insert the clause at 452.212-71,
Task Orders, when task orders will be used in a cost-reimbursement term
contract.
(c)(1) The contracting officer shall insert the clause at 452.212-72,
Period of Performance, when it is necessary to specify a period of
performance, beginning on the date of award, date of receipt of notice
of award, or a specified date.
(2) The contracting officer shall insert the clause at 452.212-73,
Effective Period of the Contract, when it is necessary to specify the
effective period of the contract.
(53 FR 6063, Feb. 29, 1988)
48 CFR 412.104 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR 412.104 PART 413 -- SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
48 CFR 412.104 Subpart 413.5 -- Purchase Orders
Sec.
413.505 Purchase order and related forms.
413.505-2 Agency order forms in lieu of Optional Forms 347 and 348.
413.505-70 AD-744, Purchase Order-Invoice-Voucher.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12117, Mar. 28, 1984, unless otherwise noted.
48 CFR 412.104 Subpart 413.5 -- Purchase Orders
413.505 Purchase order and related forms.
48 CFR 413.505-2 Agency order forms in lieu of Optional Forms 347 and
348.
Form AD-838, Purchase Order, is prescribed for use by USDA in lieu of
Optional Forms 347 and 348.
48 CFR 413.505-70 AD-744, Purchase Order-Invoice-Voucher.
(a) Prescribed form. Form AD-744, Purchase Order-Invoice-Voucher, is
prescribed for use by USDA in lieu of Standard Form 44.
(b) Restrictions on use. Form AD-744 shall not be used unless all
four conditions under FAR 13.505-3(b) are satisfied. Additionally, use
is precluded for any of the following purposes:
(1) As a confirming purchase order;
(2) As an order under a Blanket Purchase Agreement;
(3) As a receipt for purchases paid in cash;
(4) As an order for acquiring goods or services from Government
agencies; or
(5) As a substitute for cash purchases using imprest funds, unless
funds are not available.
(c) Accountability controls. Form AD-744 shall be controlled and
accounted for in accordance with the procedures established by the USDA
National Finance Center.
(49 FR 12117, Mar. 28, 1984, as amended at 51 FR 34566, Sept. 29,
1986)
48 CFR 413.505-70 PART 414 -- SEALED BIDDING
48 CFR 413.505-70 Subpart 414.2 -- Solicitation of Bids
Sec.
414.201 Preparation of invitations for bids.
414.201-6 Solicitation provision.
48 CFR 413.505-70 Subpart 414.4 -- Opening of Bids and Award of Contract
414.404-1 Cancellation of invitations after opening.
414.406 Mistakes in bids.
414.406-3 Other mistakes disclosed before award.
414.406-4 Mistakes after award.
414.407 Award.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 413.505-70 Subpart 414.2 -- Solicitation of Bids
48 CFR 414.201 Preparation of invitations for bids.
(53 FR 6063, Feb. 29, 1988)
48 CFR 414.201-6 Solicitation provision.
The contracting officer shall insert the provision 452.214-70, Award
by Lot, when multiple items are segregated into clearly identifiable
lots and the contracting officer wants to reserve the right to award by
item within a lot, if award in that manner would be advantageous to the
Government.
(53 FR 6063, Feb. 29, 1988)
48 CFR 414.201-6 Subpart 414.4 -- Opening of Bids and Award of Contract
Source: 49 FR 12117, Mar. 28, 1984, unless otherwise noted.
48 CFR 414.404-1 Cancellation of invitations after opening.
HCA's are authorized to make the determinations under FAR 14.404-1
(c) and (e)(1).
(51 FR 34566, Sept. 29, 1986)
48 CFR 414.406 Mistakes in bids.
48 CFR 414.406-3 Other mistakes disclosed before award.
(a) Contracting offices shall send all cases of mistakes in bid
described in FAR 14.406-3 (a), (b), and (d) through their HCA to the
Director, Office of Operations, for an administrative determination.
The Director, Office of Operations, shall submit all determinations to
the Assistant General Counsel, Research and Operations Division, for
approval.
(b) The HCA shall make the determination described in FAR
14.406-3(c). An HCA may redelegate this authority to a level no lower
than the contracting officer. Each proposed determination is subject to
the approval of the Assistant General Counsel, Research and Operations
Division, or the appropriate Regional Attorney or Attorney-in-Charge,
whoever routinely provides legal services for the contracting office.
(c) Doubtful cases that are to be submitted to the General Accounting
Office for advance decision shall be submitted through the Director,
Office of Operations.
48 CFR 414.406-4 Mistakes after award.
If a mistake in bid is disclosed after award, the contracting officer
shall make a final determination in accordance with the provisions of
FAR 14.406-4 (b) and (c) and shall coordinate each proposed
determination with the Assistant General Counsel, Research and
Operations Division, or the Regional Attorney-in-Charge, whoever
routinely provides legal services to the contracting office. Such
coordination shall, at a minimum, consist of the contracting officer
providing the proposed determination and the case file to the
appropriate legal officer for comment.
48 CFR 414.407 Award.
48 CFR 414.407 PART 415 -- CONTRACTING BY NEGOTIATION
48 CFR 414.407 Subpart 415.1 -- General Requirements for Negotiation
Sec.
415.103 Converting from sealed bidding to negotiation procedures.
48 CFR 414.407 Subpart 415.4 -- Solicitation and Receipt of Proposals
and Quotations
415.407 Solicitation provisions.
415.408 Issuing solicitations.
415.411 Receipt of proposals and quotations.
48 CFR 414.407 Subpart 415.5 -- Unsolicited Proposals
415.504 Advance guidance.
415.506 Agency procedures.
48 CFR 414.407 Subpart 415.6 -- Source Selection
415.607 Disclosure of mistakes before award.
415.608 Proposal evaluation.
415.612 Formal source selection.
48 CFR 414.407 Subpart 415.8 -- Price Negotiation
415.804 Cost or pricing data.
415.804-3 Exemptions from or waiver of submission of certified cost
or pricing data.
48 CFR 414.407 Subpart 415.9 -- Profit
415.902 Policy.
48 CFR 414.407 Subpart 415.10 -- Preaward, Award and Postaward
Notifications, Protests, and Mistakes
415.1070 Post-award conference.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12118, Mar. 28, 1984, unless otherwise noted.
48 CFR 414.407 Subpart 415.1 -- General Requirements for Negotiation
48 CFR 415.103 Converting from sealed bidding to negotiation procedures.
HCA's are authorized to make the determination to permit the use of
negotiation to complete an acquisition following the cancellation of an
invitation for bids. (See 414.404-1).
(51 FR 34566, Sept. 29, 1986)
48 CFR 415.103 Subpart 415.4 -- Solicitation and Receipt of Proposals and Quotations
48 CFR 415.407 Solicitation provisions.
(a)(1) The contracting officer shall insert a provision substantially
the same as the provision at 452.215-71, Instructions for the
Preparation of Technical and Business Proposals, when the request for
proposals requires offerors to submit technical proposals and business
proposals, including cost or pricing proposals.
(2) The contracting officer shall insert a provision substantially
the same as Alternate I to the provision, when a contract for major
facilities management or other major services is contemplated.
(b) The contracting officer shall insert the provision at 452.215-72,
Amendments to Proposals, in solicitations which require the submittal of
lengthy, complex technical proposals.
(c) The contracting officer shall insert a provision substantially
the same as the provision at 452.215-73, Submission of Proposals, when a
proposal must be submitted in various formats and quantities.
(d) The contracting officer shall insert the provision at 452.215-74,
General Financial and Organizational Information, in solicitations for
negotiated fixed-price or cost-reimbursement contracts.
(e) The contracting officer shall insert a provision substantially
the same as the provision at 452.215-75, Definition of Labor
Classifications, in cost-reimbursement solicitations which identify the
disciplines and levels of expertise required to perform the effort. The
requisitioning program office shall identify for the contracting officer
the labor classifications that may appropriately apply. Paragraphs (c)
and (d) of the clauses are examples only, which may be modified or
deleted to accommodate the particular procurement.
(53 FR 6063, Feb. 29, 1988)
48 CFR 415.408 Issuing solicitations.
Solicitations involving classified information shall be issued as
prescribed in Subpart 404.4.
48 CFR 415.411 Receipt of proposals and quotations.
Classified proposals and quotations shall be handled as prescribed in
Subpart 404.4.
48 CFR 415.413 Disclosure and use of information before award.
(a) Contracting officers shall use the Alternate II procedures in FAR
15.413-2 and this 415.413 for the evaluation of proposals.
(b) The contracting officer may release proposals outside the
Government for evaluation purposes, if the HCA approves the written
justification therefor submitted by the contracting officer. The
justification must show in sufficient detail the special needs or
circumstances requiring the services of experts outside the Government.
(c) During the preaward or preacceptance period, only the contracting
officer, the head of the cognizant contracting office, provided such
person has contractual authority, or others specifically authorized by
either of them may communicate technical or other information to, or
conduct discussions with, offerors. Information shall not be furnished
to an offeror if, alone or together with other information, it may
afford the offeror an advantage over other offerors. (See FAR 15.610)
However, general information that is not prejudicial to other offerors
may be furnished.
(d) Agency personnel and non-Government evaluators having authorized
access to information contained in proposals shall disclose neither the
number of offerors nor their identity to the public or to anyone in
Government not having a legitimate interest.
(e) The contracting officer shall obtain the following written
certification and agreement from the non-Government evaluator prior to
the release of any proposal to that evaluator.
RFP
Offeror
1. I certify that to the best of my knowledge and belief, no conflict
of interest exists that may diminish my capacity to perform an
impartial, and objective review of the offeror's proposal, or may
otherwise result in a biased opinion or an unfair advantage. In making
this certification, I have considered all of my stocks, bonds, other
outstanding financial interests or commitments, employment arrangements
(past, present, or under consideration), and, to the extent known by me,
all financial interests and employment arrangements of my spouse, minor
children, and other members of my immediate household, that might place
me in a position of conflict, real or apparent, with the evaluation
proceedings.
2. I agree to use proposal information only for evaluation purposes.
I understand that any authorized restriction on disclosure placed upon
the proposal by the prospective contractor or subcontractor or by the
Government shall be applied to any reproduction or abstracted
information of the proposal. I agree to use my best effort to safeguard
such information physically, and not to disclose the contents of, nor
release any information relating to, the proposal(s) to anyone outside
of the Source Evaluation Board or other panel assembled for this
acquisition, or other individuals designated by the Contracting Officer.
3. I agree to return to the Government all copies of proposals, as
well as any abstracts, upon completion of the evaluation.
--
(Name and Organization)
--
(Date of Execution)
(g) The release of a proposal outside the Government for evaluation
does not constitute the release of information for purposes of the
Freedom of Information Act (5 U.S.C. 552).
(h) The contracting officer shall attach a cover page bearing the
GOVERNMENT NOTICE FOR HANDLING PROPOSALS, as stated in FAR 15.413-2(e),
to each proposal upon receipt. The last sentence of the notice shall
cite 48 CFR 415.413 as the implementing regulation.
(55 FR 7334, Mar. 1, 1990)
48 CFR 415.413 Subpart 415.5 -- Unsolicited Proposals
48 CFR 415.504 Advance guidelines.
HCA's are responsible for establishing advance guidelines as required
by FAR 15.504 in accordance with contracting activities' missions and
programs.
48 CFR 415.506 Agency procedures.
HCA's are responsible for establishing the procedures for control of
unsolicited proposals required by FAR 15.506(a) and for designating the
contact point required by FAR 15.506(b).
48 CFR 415.506 Subpart 415.6 -- Source Selection
48 CFR 415.607 Disclosure of mistakes before award.
The HCA with the concurrence of the Office of General Counsel is
authorized to make the determination permitting proposal correction as
required by FAR 15.607(c)(3).
48 CFR 415.608 Proposal evaluation.
HCA's or their designees are authorized to make the determinations to
reject all proposals under the circumstances listed in FAR 15.608(b).
(53 FR 6063, Feb. 29, 1988)
48 CFR 415.612 Formal source selection.
(a) The HCA shall determine when a formal source selection process
will be used and establish procedures for implementing the requirements
of FAR 15.612.
(b) The HCA shall be the formal selection official for all negotiated
contracts over $500,000.
(c) A copy of the established procedures shall be forwarded to the
Director, Office of Operations.
48 CFR 415.612 Subpart 415.8 -- Price Negotiation
48 CFR 415.804 Cost or pricing data.
48 CFR 415.804-3 Exemptions from or waiver of submission of certified
cost or pricing data.
The HCA is authorized to waive the requirement for submission of
certified cost or pricing data as allowed by FAR 15.804-3(i).
48 CFR 415.804-3 Subpart 415.9 -- Profit
48 CFR 415.902 Policy.
(a) USDA will use a structured approach to determine the profit or
fee prenegotiation objective in acquisition actions that require cost
analysis based on the profit analysis factors in FAR 15.905.
(b) The following types of acquisitions are exempt from the
requirements of the structured approach, but the contracting officer
shall comply with FAR 15.905-1 when analyzing profit for these contracts
or actions:
(1) All actions which do not require cost analysis;
(2) Architect-engineer contracts;
(3) Construction contracts;
(4) Contracts primarily requiring delivery of material supplied by
subcontractors;
(5) Termination settlements;
(6) Cost-plus-award-fee contracts; and
(7) Other professional services.
(c) In developing a profit or fee objective, the contracting officer
shall comply with the requirements in FAR 15.903.
(d) When profit analysis is required, any amount proposed by the
prospective contractor for the cost of money for facilities capital
allowable under FAR 31.205-10 shall be deducted from the prenegotiation
cost base objective before calculating the profit objective.
(e) The HCA is responsible for establishing procedures to ensure
compliance with this subpart.
48 CFR 415.902 Subpart 415.10 -- Preaward, Award and Postaward Notifications, Protests, and Mistakes
48 CFR 415.1070 Post-award conference.
If a postaward conference is necessary and in the Government's
interest, the contracting officer shall insert a clause substantially
the same as the clause at 452.215-76, Post-Award Conference, in
cost-reimbursement and fixed-price service contracts.
(53 FR 6063, Feb. 29, 1988)
48 CFR 415.1070 PART 416 -- TYPES OF CONTRACTS
48 CFR 415.1070 Subpart 416.2 -- Fixed-Price Contracts
Sec.
416.203 Fixed-price contracts with economic price adjustment.
416.203-4 Contract clauses.
48 CFR 415.1070 Subpart 416.3 -- Cost-Reimbursement Contracts
416.301 General.
416.301-3 Limitations.
416.306 Cost-plus-fixed-fee contracts.
48 CFR 415.1070 Subpart 416.4 -- Incentive Contracts
416.403 Fixed-price incentive contracts.
416.404 Cost-reimbursement-incentive contracts.
416.404-1 Cost-plus-incentive-fee contracts.
416.404-2 Cost-plus-award-fee contracts.
416.405 Contract clauses.
416.470 Solicitation provision.
48 CFR 415.1070 Subpart 416.5 -- Indefinite Delivery Contracts
416.505 Contract clauses.
416.570 Solicitation provision.
48 CFR 415.1070 Subpart 416.6 -- Time-and-Materials, Labor-Hour, and
Letter Contracts
416.603 Letter contracts.
416.603-2 Application.
416.603-4 Contract clauses.
416.670 Contract clauses.
48 CFR 415.1070 Subpart 416.7 -- Agreements
416.702 Basic agreements.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12119, Mar. 28, 1984, unless otherwise noted.
48 CFR 415.1070 Subpart 416.2 -- Fixed-Price Contracts
48 CFR 416.203 Fixed-price contracts with economic price adjustment.
48 CFR 416.203-4 Contract clauses.
An economic price adjustment clause based on cost indexes of labor or
material may be used under the conditions listed in FAR 16.203-4(d)
after approval by the Director, Office of Operations, and consultation
with the Office of the General Counsel.
48 CFR 416.203-4 Subpart 416.3 -- Cost-Reimbursement Contracts
48 CFR 416.301 General.
48 CFR 416.301-3 Limitations.
(a) Determinations and findings authorizing the use of a
cost-reimbursement type contract as described in FAR 16.302 through
16.306 shall be signed by the contracting officer after compliance with
the limitations in FAR 16.301-3 and 16.404, as appropriate.
(b) Prepare determination and findings substantially in accordance
with the following format:
I hereby find that:
(1) The (contracting activity name) proposes to contract with (name
of proposed contractor) for (describe work, service, or product)
(identify program or project). The estimated cost is ($ -- ) (if
contract is CPFF type, insert, ''plus a fixed fee of ($ -- ) which is --
percent of the estimated cost of fee'').
(2) (Set forth facts and circumstances that show why it is
impracticable to secure property or services of the kind or quantity
required without the use of the proposed type of contract or why the
proposed method of contracting is likely to be less costly than other
methods.)
I hereby determine that:
On the basis of the above findings it is impracticable to secure the
property or services of the kind or quality required without the use of
(cost, cost-sharing, or cost-plus-a-fixed-fee) type of contract, or the
(cost, cost-sharing, or cost-plus-a-fixed-fee) method of contracting is
likely to be less costly than other methods.
Date:
--
(Signature)
48 CFR 416.306 Cost-plus-a-fixed-fee contracts.
The determinations and findings establishing the basis for
application of the statutory fee limitation (see FAR 16.306(c)(2) and
15.903(d)) shall be signed by the contracting officer and may be
combined with the determination and findings prescribed in FAR 16.301-3.
48 CFR 416.306 Subpart 416.4 -- Incentive Contracts
48 CFR 416.403 Fixed-price incentive contracts.
Determinations and findings authorizing the use of a fixed-price
incentive contract as described in FAR 16.403-1 through 16.403-2 shall
be signed by the contracting officer after compliance with the
limitations in FAR 16.403(c), 16.403-1(c) and 16.403-2(c), as
appropriate.
48 CFR 416.404 Cost-reimbursement-incentive contracts.
48 CFR 416.404-1 Cost-plus-incentive-fee contracts.
In accordance with 416.301-3, determinations and findings authorizing
the use of a cost-plus-incentive-fee contract under FAR 16.404-1 shall
be signed by the contracting officer after compliance with the
limitations in FAR 16.404-1(c).
48 CFR 416.404-2 Cost-plus-award-fee contracts.
This section establishes USDA policy and procedures for awarding and
administering cost-plus-award-fee (CPAF) type contracts.
(a) Applicability. (1) Contracting officers should consider those
contract actions which conform to the use criteria at FAR 16.404-2(b)
and which have a potential value of $5,000,000 or more as candidates for
award as a CPAF contract. However, contracting officers may use CPAF
contracts for requirements whose estimated value is less than
$5,000,000.
(2) The formal procedures established in paragraphs (e), (f), and (g)
of this section apply to contracts estimated to exceed $1,000,000. The
simplified procedures prescribed in paragraph (h) of this section are
authorized for CPAF contracts with a potential value of $1,000,000 or
less.
(b) Objectives. The award fee contract, when properly applied, will
satisfy three critical contracting objectives:
(1) It provides for the reimbursement of allowable, allocable, and
reasonable costs;
(2) It fixes a dollar amount beyond the initial estimate of costs
that represents the compensation for risk (base fee); and
(3) It motivates performance throughout the life of a contract where
evaluated success can yield additional income (award fee).
The CPAF contract is used when the work to be performed is such that
specific quantitative objective measurement is not feasible and the
required performance extends over a sufficient period of time for the
award fee features to be used effectively.
(c) Fee limitations. Normally, the base fee should be not more than
three percent of the estimated cost of the contract. (See FAR 15.903(d)
for maximum fee limitations.) At the time of award, the contracting
officer shall obligate the total amount of base and award fee. The
contracting officer shall award the total award fee earned for the
period being evaluated. The contracting officer shall not carry forward
into a subsequent evaluation period any award fee not awarded in a
previous evaluation period.
(d) Definitions and responsibilities. ''Award fee plan'' means a
plan, developed by the Performance Evaluation Board (PEB), which
identifies various categories of performance and clearly describes the
criteria used by the PEB to evaluate contractor performance. The plan
also allocates the award fee pool among performance categories.
''Award fee pool'' means that portion of the contract fee set forth
in the contract as the amount of fee available to be awarded for
Contractor performance in accordance with the criteria contained in the
award fee plan.
''Evaluation coordinator'' means a Government official appointed to
receive, code, validate, and assess performance event reports; and to
present such contractor performance information and data to the PEB.
''Fee determination official (FDO)'' means the Chief of the
contracting office who reviews the recommendation of the PEB and makes
the final determination of the award fee.
''PEB executive secretary'' means a Government official who prepares
the official PEB report.
''Performance evaluation board (PEB)'' means a board of Government
officials, which performs the in-depth review of all aspects of
contractor performance and recommends an appropriate fee to the FDO.
''Performance event (PE)'' means a discrete happening or series of
related happenings occurring during the course of performance which
indicate or represent contractor performance. Performance events shall
be reported by the performance monitors to the evaluation coordinator.
The contractor may report performance events directly to the evaluation
coordinator either as they occur or as a summary report for the
evaluation period.
''Performance monitors'' means those Government employees designated
to observe, assess, and report the performance of the contractor on a
close, continuous day-to-day basis. Performance monitors are to two
categories: technical and business. The technical performance monitors
report on the contractors performing the technical requirements of the
contract. The business performance monitors report on the business
aspects of the contractor's performance; these individuals will be the
contracting officer and cost analyst most familiar with the specific
contractual and financial aspects of the contract.
''Period of evaluation'' means a segment of the contract's period of
performance specified in the award fee plan which will be evaluated by
the PEB for purposes of establishing the award fee for that period.
(e) Appointment of personnel. (1) The HCA will determine, in concert
with the responsible program office, the participants in the award fee
process. The contracting officer shall prepare the formal appointment
memorandum and forward it to the HCA prior to issuance of the
solicitation. Individuals shall be designated as follows:
(i) Chairperson, Performance Evaluation Board and Board Members. The
Chairperson of the performance evaluation board shall be the director of
the program initiating the procurement. A representative of the
responsible contracts operation office shall be a voting member of all
PEB's. The chairperson of the PEB and the contracting officer shall
recommend other board members.
(ii) Evaluation Coordinator. As recommended by the chairperson of
the PEB.
(iii) Executive Secretary. As recommended by the chairperson of the
PEB.
(iv) Performance Monitors. The PEB chairperson shall assure that
adequate performance monitoring capability is available. These
individuals need not be designated in the appointment memorandum.
(2) If any changes in the composition of the PEB are necessary, the
following approvals shall be obtained:
(i) Chairperson, PEB -- by the FDO.
(ii) PEB members -- by the Chairperson, PEB.
(f) Preparation of the award fee plan. The purpose of the award fee
plan is to describe in one document the plan for monitoring, assessing,
and evaluation contractor performance to determine any award fee earned.
The PEB shall develop and follow an award fee plan which clearly
describes the criteria to be used to determine fee. The PEB shall
forward the plan through the contracting officer to the HCA for approval
prior to issuance of the solicitation. The contracting officer shall
include the award fee plan in the solicitation. A complete award fee
plan should include the following elements:
(1) The base fee amount.
(2) The total award fee pool.
(3) Performance areas to be evaluated.
(4) Criteria to be used in evaluations.
(5) Relative weights to be assigned to performance areas and to the
evaluation criteria.
(6) Frequency and timing of award fee determination.
(7) Proportion of the total award fee pool to be available for each
evaluation period.
(8) Procedure to be followed (the timing involved) in evaluating
performance and determining the award fee.
(g) Operation of the evaluation system -- (1) Performance event
reporting. Performance monitors shall file their individual performance
event reports directly with the evaluation coordinator for each interval
specified in the award fee plan and in the following or similar format.
(i) Contract number.
(ii) Contractor.
(iii) Task order number (if applicable).
(iv) Date or inclusive period of reported event.
(v) Performance evaluation category.
(vi) Description of performance event and statement whether the
contractor has been notified of the reported event.
(vii) Performance rating:
(A) Superior: ''+'' The performance event exceeds the satisfactory
level.
(B) Satisfactory: ''0'' The performance event is acceptable.
(C) Substandard: ''^'' The performance event is less than
satisfactory.
(viii) Signature and date.
(2) Significant performance event coordination. (i) The evaluation
coordinator shall receive, validate, and assess the performance events
(PE) reports submitted by the monitors and select all those PE's he/she
considers to be significant, i.e., above (+) or below
(^) satisfactory performance.
(ii) The evaluation coordinator shall also prepare separate PE
summaries for each performance evaluation category. The summaries will
incorporate the reported PE's which the coordinator considers
significant, whether reported by the performance monitor or the
contractor. The evaluation coordinator shall be responsible for
preparing and presenting all material the PEB requires for its
performance assessment. This material will serve as the PEB's agenda,
and as the complete documentation package which will support the PEB's
fee recommendation. It will be organized into separate sections for
each performance evaluation category. Each section will consist of the
following material:
(A) Summary of significant performance events, and
(B) The individual PE reports.
(3) Evaluation of performance. The PEB shall perform a review of the
performance events against each performance evaluation category to
arrive at the recommended award fee for each category as well as the
total award fee for the period. The PEB must meet within 30 calendar
days after the end of each evaluation period. At the initial PEB
meeting the board members shall determine what fee the contractor would
normally receive if the work was being undertaken on a
Cost-Plus-Fixed-Fee (CPFF) basis. After determining this amount, the
PEB shall determine what percentage of the available award fee pool
that, when added to the base fee, will equal the amount the contractor
would receive under a CPFF contract. This percentage of award fee will
set the baseline for satisfactory performance.
(4) The period of evaluation. The period of evaluation will be at
least every six months. The desired period of evaluation will be every
four months.
(5) Performance evaluation report. Following the PEB meeting at
which the award fee recommendation is reached, the executive secretary
will prepare a performance evaluation report and forward this to the
contracting officer. The contracting officer will prepare a letter for
signature of the FDO informing the contractor's general management of
the amount of basis of the fee awarded. The contracting officer shall
forward the performance evaluation report and the fee determination
letter (the performance evaluation report shall be an attachment to the
fee determination letter) to the FDO for signature. The FDO will review
the performance evaluation and fee recommendation and make a final
determination of fee.
(h) Simplified procedures. The following CPAF procedures are
authorized for procurements of $1,000,000 or less.
(1) No appointment of a formal PEB is necessary. A program office
representative and the contracting officer shall perform the duties and
functions of the PEB members. In lieu of performance monitors reporting
to an evaluation coordinator, the program official will personally
monitor and assess the technical performance of the contractor for each
evaluation period. The contracting officer will monitor the business
aspects of the contractor's performance.
(2) The chief of the contracting office shall approve the award fee
plan in lieu of the HCA.
(3) The project officer and the contracting officer shall report
performance events in the format described in 416.404-277(a)(1). Use of
the summary of significant performance events is not required.
(4) The project officer, with input from the contracting officer,
will prepare the performance evaluation report.
(53 FR 6063, Feb. 29, 1988)
48 CFR 416.405 Contract clauses.
The contracting officer shall insert a clause substantially the same
as the clause at 452.216-70, Award Fee, in solicitations and contracts
which contemplate the award of cost-plus-award-fee contracts.
(53 FR 6065, Feb. 29, 1988)
48 CFR 416.470 Solicitation provision.
The contracting officer shall insert the provision at 452.216-71,
Base Fee and Award Fee Proposal in solicitations which contemplate the
award of a cost-plus-award-fee contract.
(53 FR 6065, Feb. 29, 1988)
48 CFR 416.470 Subpart 416.5 -- Indefinite Delivery Contracts
48 CFR 416.505 Contract clauses.
The contracting officer shall insert the clause at 452.216-73,
Minimum and Maximum Contract Amounts, in indefinite-delivery,
indefinite-quantity contracts when the clause at FAR 52.216-18 is used.
(53 FR 6065, Feb. 29, 1988)
48 CFR 416.570 Solicitation provision.
The contracting officer shall insert a provision substantially the
same as the provision at 452.216-72, Evaluation Quantities --
Indefinite-Delivery Contract, in solicitations which contemplate the
award of indefinite-quantity or requirements contracts to establish the
basis on which offers will be evaluated.
(53 FR 6065, Feb. 29, 1988)
48 CFR 416.570 Subpart 416.6 -- Time-and-Materials, Labor-Hour, and Letter Contracts
48 CFR 416.603 Letter contracts.
48 CFR 416.603-2 Application.
The HCA or a designee is authorized to extend the period for
definitization of a letter contract required by FAR 16.603-2(c) in
extreme cases where it is determined in writing that such action is in
the best interest of the Government.
(49 FR 12119, Mar. 28, 1984, as amended at 50 FR 14198, Apr. 10,
1985)
48 CFR 416.603-4 Contract clauses.
The contracting officer shall insert the clause at 452.216-75, Letter
Contract, in a definitive contract superseding a letter contract.
(53 FR 6065, Feb. 29, 1988)
48 CFR 416.670 Contract clauses.
The contracting officer shall limit the Government's obligation under
a time-and-materials or labor-hour contract by inserting the clause at
452.216-74, Ceiling Price.
(53 FR 6065, Feb. 29, 1988)
48 CFR 416.670 Subpart 416.7 -- Agreements
48 CFR 416.702 Basic agreements.
Promptly after execution by the Government, the HCA shall furnish to
the Director, Office of Operations, a copy of each basic agreement
negotiated with a contractor in accordance with FAR 16.702.
(50 FR 14198, Apr. 10, 1985)
48 CFR 416.702 PART 417 -- SPECIAL CONTRACTING METHODS
48 CFR 416.702 Subpart 417.2 -- Options
Sec.
417.208 Solicitation provisions and contract clauses.
48 CFR 416.702 Subpart 417.4 -- Leader Company Contracting
417.402 Limitations.
48 CFR 416.702 Subpart 417.5 -- Interagency Acquisitions Under the
Economy Act
417.502 General.
48 CFR 416.702 Subpart 417.6 -- Management and Operating Contracts
417.602 Policy.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12120, Mar. 28, 1984, unless otherwise noted.
48 CFR 416.702 Subpart 417.2 -- Options
48 CFR 417.208 Solicitation provisions and contract clauses.
(a) If the Government needs additional periods of contractor
performance, the contracting officer shall insert a clause substantially
the same as the clause at 452.217-70, Option to Extend the Term of the
Contract -- Cost-Plus-Fixed-Fee Contract, in term (level-of-effort)
contracts. Alternate I of the clause is for use in completion
contracts.
(b) If the Government needs additional periods of contractor
performance, the contracting officer shall insert a clause substantially
the same as the clause at 452.217-71, Option to Extend the Term of the
Contract -- Cost-No-Fee Contract, in term (level-of-effort) contracts.
Alternate I of the clause is for use in completion contracts.
(c) If the Government needs additional periods of contractor
performance, the contracting officer shall insert a clause substantially
the same as the clause at 452.217-72, Option to Extend the Term of the
Contract -- Cost-Plus-Award-Fee Contract, in level-of-effort contracts.
Alternate I is to be used for completion contracts.
(d) If the Government needs additional quantities, the contracting
officer shall insert a clause substantially the same as the clause at
452.217-73, Option for Increased Quantity -- Cost-Plus-Fixed-Fee
Contracts, in level-of-effort contracts.
(e) If the Government needs additional quantities, the contracting
officer shall insert a clause substantially the same as the clause at
452.217-74, Option for Increased Quantity -- Cost-Plus-Fixed-Fee
Contract, in level-of-effort contracts.
(f) If the Government needs additional quantities, the contracting
officer shall insert a clause substantially the same as the clause at
452.217-75, Option for Increased Quantity -- Cost-Plus-Award-Fee
Contract, in level-of-effort contracts.
(g) If the Government needs additional periods of contractor
performance, the contracting officer shall insert a clause substantially
the same as the clause at 452.217-76, Option to Extend the Effective
Period of the Contract -- Time-and-Materials or Labor-Hour Contract, in
time-and-materials or labor-hour contracts.
(h) If the Government needs additional periods of contractor
performance, the contracting officer shall insert a clause substantially
the same as the clause at 452.217-77, Option to Extend the Effective
Period of the Contract -- Indefinite-Delivery/Indefinite-Quantity
Contract, in indefinite-delivery and indefinite-quantity contracts.
(i) If the Government needs additional periods of contractor
performance, the contracting officer shall insert a clause substantially
the same as the clause at 452.217-78, Option to Extend the Term of the
Contract -- Fixed-Price Contract, in fixed-price contracts.
(j) If the Government needs additional quantities, the contracting
officer shall insert a clause substantially the same as the clause at
452.217-79, Option for Increased Quantity -- Fixed-Price Contract, in
fixed-price contracts.
(53 FR 6065, Feb. 29, 1988)
48 CFR 417.208 Subpart 417.4 -- Leader Company Contracting
48 CFR 417.402 Limitations.
The HCA shall authorize the use of leader company contracting
procedures in FAR Subpart 17.4.
48 CFR 417.402 Subpart 417.5 -- Interagency Acquisitions Under the Economy Act
48 CFR 417.502 General.
The HCA shall establish procedures for making interagency
acquisitions under the Economy Act. The determination required by FAR
17.502 shall be made at a level above the contracting officer.
(50 FR 14198, Apr. 10, 1985)
48 CFR 417.502 Subpart 417.6 -- Management and Operating Contracts
48 CFR 417.602 Policy.
(a) The Assistant Secretary for Administration shall make the
determination to enter into or renew any management and operating
contracts as prescribed in FAR 17.602(a).
(b) Written determinations shall be prepared for the Assistant
Secretary's signature and submitted by the HCA to the Director, Office
of Operations, for action. The determination shall be submitted prior
to solicitation for the requirement and shall:
(1) Reference the statutory authority for awarding a management and
operating contract;
(2) Discuss the relationship between the requirement and the
limitations in FAR 17.603;
(3) Include a copy of the solicitation document including evaluation
criteria;
(4) If non-competitive acquisition is proposed, include a copy of the
justification.
(c) The HCA shall be responsible for conducting the reviews required
by FAR 17.602(c).
48 CFR 417.602 PART 418 -- (RESERVED)
48 CFR 417.602 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR 417.602 PART 419 -- SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
48 CFR 417.602 Subpart 419.2 -- Policies
Sec.
419.201 General Policy.
419.201-70 Office of Small and Disadvantaged Business Utilization
(OSDBU).
419.201-71 OSDBU coordinators.
419.201-72 Goals.
419.201-73 Reports.
419.202 Specific policies.
419.202-70 Specific policies relating to small businesses.
419.202-71 Specific policies relating to minority, disadvantaged, and
women-owned businesses.
48 CFR 417.602 Subpart 419.4 -- Cooperation With the Small Business
Administration
419.402 Small Business Administration procurement center
representatives.
48 CFR 417.602 Subpart 419.5 -- Set-Asides for Small Business
419.506 Withdrawing or modifying set-asides.
419.508 Solicitation provisions.
48 CFR 417.602 Subpart 419.6 -- Certificates of Competency and
Determinations of Eligibility
419.602 Procedures.
419.602-1 Referral.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12120, Mar. 28, 1984, unless otherwise noted.
48 CFR 417.602 Subpart 419.2 -- Policies
48 CFR 419.201 General policy.
48 CFR 419.201-70 Office of Small and Disadvantaged Business Utilization
(OSDBU).
The Office of Small and Disadvantaged Business Utilization shall
develop policy, procedures and guidelines for the effective
administration of the Department's small and disadvantaged business
procurement preference program to include minority and women-owned
businesses. OSDBU shall also evaluate contracting activity
accomplishments, objectives and procedures with respect to these
programs, and recommend corrective actions for program improvement. The
HCA's and Departmental staff office directors whose programs generate
requirements for contract actions shall administer the Department's
procurement preference program within their organizations. This
responsibility may be delegated to ensure program effectiveness.
48 CFR 419.201-71 OSDBU coordinators.
HCA's shall designate an OSDBU Coordinator in each contracting
office. In addition, Departmental staff office directors whose programs
generate contracts shall designate an OSDBU Coordinator. OSDBU
Coordinators shall take positive actions which will maximize contracting
opportunities for small businesses, including minority and women-owned
businesses. The amount of time required for the performance of
functions concerning this program shall be directly related to the
number and dollar value of contract awards made in each office. In
addition to their regular assigned duties, it is anticipated that about
20 percent of their time should be spent as OSDBU Coordinators.
Supervisors of OSDBU Coordinators are encouraged to provide time for the
coordinators to perform this important function. The duties and
responsibilities of the OSDBU Coordinators shall include, but not be
limited to, the following:
(a) Review each proposed acquisition expected to exceed $10,000 prior
to its solicitation. The Coordinator shall:
(1) Recommend section 8(a) action and identify potential contractors,
or
(2) Identify available minority and women-owned businesses to be
solicited by competitive procedures. Coordinators shall document the
contract file with recommendations made and actions taken.
(b) Participate in goal-setting procedures and planning activities as
described in 419.201-72.
(c) Ensure that the subcontracting clause entitled ''Utilization of
Small Business Concerns and Small Disadvantaged Business Concerns,'' as
prescribed in FAR 19.708, is included in applicable solicitations. The
coordinator shall participate in the review of those contracts which
require the successful offeror to submit written plans for the
utilization of small and small disadvantaged businesses as
subcontractors.
(d) Ensure that small purchases (under $10,000) are reserved
exclusively for small businesses, including minority and women-owned
businesses as prescribed by FAR 13.105 and 19.508. This policy shall be
implemented unless the contracting officer is unable to obtain offers
from two or more small business concerns that are competitive with
market prices and in terms of quality and delivery of the goods or
services being purchased.
(e) Maintain comprehensive source listings of small, minority and
women-owned businesses and utilize SBA's Procurement Automated Source
System (PASS) and the National Minority Purchasing Council's Vendor
Information Service to build and maintain these listings. Ensure that
all small, minority and women-owned businesses seeking to do business
are informed of the bid and proposal submission requirements, and of
financial, management and technical assistance programs offered by SBA
and the Minority Business Development Agency. Ensure that these firms,
upon request, are directed to appropriate program and project personnel.
(f) Upon written request, provide small, minority and women-owned
businesses the bidders mailing lists of individuals receiving
solicitations which will contain the subcontracting clause entitled
''Utilization of Small Business Concerns and Small Disadvantaged
Business Concerns.'' These lists may be limited to those supplies or
services of major interest to the requesting firms.
(g) Develop a program of contacts with local, small, minority, and
women-owned trade, business, and professional associations and
organizations and Indian tribal councils to apprise them of the
Department's program needs and recurring contract requirements.
(h) Actively participate in the programs and activities of the local
Minority Business Opportunity Committees (MBOC) and assist the Minority
Business Development Centers (MBDC), where applicable. Become aware of
and participate in locally sponsored workshops, conferences, trade
fairs, etc., which are held to apprise small, minority and women-owned
firms about current and projected contracting opportunities.
(i) Periodically meet with program managers to discuss the section
8(a), small, minority and women-owned business programs and the impact
which their requirements can have to achieve progress. Explore the
feasibility of breaking large complex requirements into smaller lots
suitable for participation by small, minority and women-owned firms.
Encourage program managers to meet with these firms so that their
capabilities can be demonstrated.
(j) Establish internal operating procedures which implement the
requirements of the regulations as set forth in this Part 419. Compile
data and prepare all reports pertaining to the small, minority and
women-owned business activities. Ensure that these reports are
accurate, complete and up-to-date.
(49 FR 12120, Mar. 28, 1984, as amended at 50 FR 14198, Apr. 10,
1985)
48 CFR 419.201-72 Goals.
(a) The Department is required by Pub. L. 95-507, Section 221,
Executive Order 12138 (May 18, 1979) and Executive Order 12073 (August
16, 1978) to establish fiscal year goals for the procurement preference
programs. Goals shall be reviewed and approved by the Director, Office
of Small and Disadvantaged Business Utilization (OSDBU). HCA's and
staff office directors whose programs generate contract requirements
shall submit to the Director, OSDBU, the following data no later than
August 1 of each fiscal year:
(1) An estimate of the total dollar amount of all prime contracts
regardless of dollar value to be awarded during the fiscal year,
including awards to non-profit organizations, educational institutions,
all transportation services and real property leases. Do not include
foreign military sales, contracts to be awarded and performed entirely
outside the United States and Federal Supply Schedule orders;
(2) An estimate of the total dollar value of all prime contracts
having a value of $10,000 or more to be awarded during the fiscal year,
including contracts to non-profit organizations, educational
institutions, all transportation services and real property leases. Do
not include foreign military sales, contracts to be awarded and
performed entirely outside the United States and Federal Supply Schedule
orders;
(3) A goal for prime contract awards valued at $10,000 or more to be
made to small business concerns during the fiscal year, expressed in
dollars and as a percentage of paragraph (a)(2) of this section;
(4) A goal for prime contract awards to be made to the Small Business
Administration under the authority of Section 8(a) of the Small Business
Act, as amended, expressed in dollars and as a percentage of paragraph
(a)(1) of this section;
(5) A goal for prime contract awards valued at $10,000 or more to be
made to small business concerns owned and controlled by socially and
economically disadvantaged individuals, expressed in dollars and as a
percentage of paragraph (a)(2) of this section;
(6) A goal for prime contract awards to be made to small business
concerns owned and controlled by women, expressed in dollars and as a
percentage of paragraph (a)(1) of this section;
(7) A goal for prime contract awards to business concerns in Labor
Surplus Areas (LSA) on the basis of set-asides, expressed in dollars and
as a percentage of paragraph (a)(1) of this section. (This includes all
categories of LSA set-asides authorized by Pub. L. 96-302);
(8) An estimate of the total dollar amount of subcontracts to be
awarded by ''reporting prime contractors'' (as identified in Standard
Form 295) during the fiscal year;
(9) A goal for subcontracts to be awarded by prime contractors to
small business concerns, expressed in dollars and as a percentage of
paragraph (a)(8) of this section; and
(10) A goal for subcontracts to be awarded by prime contractors to
small business concerns owned and controlled by socially and
economically disadvantaged individuals, expressed in dollars and as a
percentage of paragraph (a)(8) of this section.
(b) The information developed in paragraph (a) shall include a
detailed written presentation of the method used to establish the
estimates and goals submitted pursuant to paragraphs (a) (1) through
(10) of this section, along with copies of the historical, empirical
data upon which the estimates and goals are based. Information about
the types, kinds and amounts of goods and services brought and the
numbers and types of contracts involved in the estimates submitted
pursuant to paragraphs (a) (3) through (10) of this section is required.
This information is needed to realistically evaluate the estimates and
the goals related thereto. In establishing subcontracting goals,
identification and justification should be provided for each class of
contracts and the projected total value thereof determined to have
little or no subcontract possibilities. Similarly, in establishing
goals for prime contract awards to small or small disadvantaged firms,
contracts which have no potential for award to such firms, including the
projected value thereof, should be identified.
(c) All goals are expressed in terms of dollars and percentages.
However, if there is any significant variance, up or down, from the
estimates in paragraph (a) (1) or (2) of this section, upon which the
goals are established, the percentage goal is the controlling factor and
will be used to measure actual attainment.
(d) Section 221 of Pub. L. 95-507 reserves all small purchases with
certain exceptions for small business and requires that goals be
established for awards over $10,000 to small and small disadvantaged
business. Thus, the goals under paragraphs (a) (3) and (5) of this
section do not include awards under $10,000.
(e) Fiscal year goals are expected to reflect measurable improvement
over an agency's performance in the previous fiscal year. Justification
for establishing a goal lower than the achievement attained should be
documented in accordance with paragraph (b) of this section.
(49 FR 12120, Mar. 28, 1984, as amended at 50 FR 14198, Apr. 10,
1985)
48 CFR 419.201-73 Reports.
(a) The Director, OSDBU, shall be responsible for submitting reports
concerning the Department's progress and achievements in the procurement
preference program. Data for these reports shall be obtained from the
USDA Procurement Reporting System (UPRS). Subcontracting data, however,
cannot be retrieved from UPRS and shall be reported in accordance with
paragraph (b) of this section.
(b) Contracting activities shall collect, summarize, and submit
subcontracting data elements to the Director, OSDBU. The data are to be
reported quarterly for other than commercial products and annually for
commercial products for contract awards in excess of $500,000 ($1
million for construction). Reports shall be submitted each quarter in
the format of the Standard Form 295. An additional data form will be
required in the fourth quarter for the annual report on commercial
products. To ensure accurate and timely reporting, contracting
activities shall perform the following:
(1) Submit the SF-295 on a contractor-by-contractor basis 30 calendar
days following the end of the first, second, and third quarters and 45
days following the end of the fourth quarter.
(2) Edit all forms (data) prior to their submission. Forms must be
completed in all fields of the ''Cumulative Commitments'' and
''Subcontract Goal Achievement.'' OSDBU will not assume that a blank
field is a zero. Forms not fully completed will be returned.
Contracting officers should communicate with the prime contractor's
representative to ensure that consistent, accurate and timely data are
submitted.
(3) In the ''Cumulative Commitment'' block, many contractors are
reporting each quarter only those awards occurring in that quarter.
OSDBU will return quarterly reports on which the awards reported are
less than those submitted on the previous quarter of the same fiscal
year. Totals must add up to exactly 100 percent. The sum of line 9
must be the sum only of lines 9a and 9b. All dollar figures should be
in whole numbers and not in thousands.
(4) In the ''Subcontract Goal Achievement'' block, the column headed
''No. of Contracts'' must reflect the number of contracts and
subcontracts valued over $500,000 ($1 million for construction) which
have subcontracting plans and goals. Delete the three zeros (000) in
the ''$ Value of Subcontracts'' column. The percentage of actual goal
achievement reported on line 12b must always be 100 percent or higher
and on line 12c must always be lower than 100 percent. The same applies
for lines 13b and 13c.
(5) Items in lines 12 and 13 do not apply to company-wide annual
subcontracting plans for commercial products. Accomplishments for these
type plans are reported in line 14. The information reported must
summarize all Federal contracts for commercial products performed during
the year and the share of the total attributable to USDA from which
contracts for such commercial products were received
(c) Explanatory comments concerning shortfalls in meeting procurement
preference program goals established in accordance with 419.201-72 shall
be summitted to the Director, OSDBU. Reports may be submitted in a
narrative format and shall contain appropriate justifications for the
goal shortfall(s). Achievements shall be based upon official AD-760 and
SF-281 data as recorded in UPRS. Reports shall be submitted no later
than November 20 of each fiscal year.
48 CFR 419.202 Specific policies.
48 CFR 419.202-70 Specific policies relating to small businesses.
OSDBU Coordinators shall take positive actions to ensure maximum
participation of small business concerns in proposed acquisitions.
These actions shall include:
(1) Developing a plan of operation to increase the share of contracts
awarded to small business and LSA concerns;
(2) Reviewing the types and classes of items and services to be
purchased to determine the applicability of small business and LSA
set-aside priorities prescribed in 419.504(a);
(3) Developing adequate small business and/or LSA competition on all
appropriate contract requirements;
(4) Making maximum utilization of SBA's Procurement Automated Source
System (PASS) when considering contract requirements;
(5) Ensuring that specifications are not restrictive, thereby
enabling small business participation;
(6) Assisting and counseling small business firms and especially
those found to be nonresponsive or nonresponsible to help qualify them
for future awards;
(7) Reviewing proposed large contract requirements to determine the
potential for breaking out components suitable for purchase from small
business firms or LSA concerns; and
(8) Ensuring that the SBA Resident Procurement Center Representative
(PCR) is provided an opportunity and reasonable time to review any
solicitation that meets the dollar threshold for small business and
small disadvantaged business subcontracting plans.
48 CFR 419.202-71 Specific policies relating to minority, disadvantaged,
and women-owned businesses.
OSDBU Coordinator shall take positive action to ensure maximum
participation of minority business enterprises, including women-owned,
in proposed acquisitions. These actions shall include:
(a) Establishing aggressive minority and women-owned business goals
based on the annual review of advance acquisition plans. These goals
shall be submitted in accordance with 419.201-72.
(b) Attempting to direct those contracting requirements to the 8(a)
program which match the abilities of the minority contractors located in
the area where the contract will be performed.
(1) Recurring requirements should not be assigned to the 8(a)
program, without consulting SBA, when small businesses are dependent in
whole or in significant part on such Government requirements. However,
this does not mean that a segment of a requirement could not be assigned
to the 8(a) program.
(2) The SBA publication ''Firms in the 8(a) Business Development
Program'' should be used as an aid in locating eligible contractors.
(3) Field personnel should be encouraged to locate and contact
minority contractors for possible 8(a) participation. These contractors
should be directed to the nearest District or Regional Office of SBA to
make application for certification.
(c) Fully utilizing available minority and women-owned vendor
listings, directories and query systems to ensure that eligible and
qualified minority and women-owned business enterprises are included on
bidders mailing lists and source lists.
(d) Nominating OSDBU Coordinators for appointment by the HCA at each
contracting office. Duties of these coordinators shall be in accordance
with 419.201-71.
(e) Providing training opportunities for all personnel involved in
carrying out the Department's minority and women-owned business
enterprise program.
(f) Preparing plans for the utilization of minority and women-owned
business enterprises. These plans may be in the form of standard
operating procedures, and they are to be followed by all personnel
involved in carrying out this program.
48 CFR 419.202-71 Subpart 419.4 -- Cooperation With the Small Business Administration
48 CFR 419.402 Small Business Administration procurement center
representatives.
(a) SBA has assigned a full-time Procurement Center Representative
(PCR) to USDA procuring agencies located in the metropolitan Washington,
DC area. A part-time PCR also has been assigned to the ASCS Kansas City
Field Office (KFO), Kansas City, MO. PCR responsibilities are described
in FAR 19.402.
(b) Acquisition offices in the metropolitan Washington, DC area and
the KFO shall notify and make available for review by the PCR all
proposed acquisitions in excess of $10,000 that have not been
unilaterally set aside for small business (see FAR 19.501(c)). This
action shall be taken prior to announcement of the acquisition in the
Commerce Business Daily or before public solicitation of offers.
(50 FR 14198, Apr. 10, 1985)
48 CFR 419.402 Subpart 419.5 -- Set-Asides for Small Business
48 CFR 419.506 Withdrawing or modifying set-asides.
Disagreements between the contracting officer and OSDBU Coordinator
concerning withdrawals or modifications of individual or class
set-asides shall be forwarded to the HCA for resolution. The OSDBU
Coordinator shall provide timely notification of such disagreements to
the OSDBU in order to afford them an opportunity to provide assistance
in resolving the dispute.
48 CFR 419.508 Solicitation provisions.
The contracting officer shall insert the provision at 452.219-70,
Set-Aside/Size Standard Information, in solicitations that are set-aside
for small businesses or labor surplus area concerns.
(53 FR 6066, Feb. 29, 1988)
48 CFR 419.508 Subpart 419.6 -- Certificates of Competency and Determinations of Eligibility
48 CFR 419.602 Procedures.
48 CFR 419.602-1 Referral.
Contracting officers shall refer determinations of non-responsibility
regarding small businesses directly to the SBA Regional Office servicing
the location where the contractor's office (home) is located. This
referral shall consist of the documents described in FAR 19.602-1(c).
48 CFR 419.602-1 PART 420 -- LABOR SURPLUS AREA CONCERNS
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 419.602-1 Subpart 420.1 -- General
48 CFR 420.170 Labor surplus area performance and goals.
(a) Construction and other ''site-specific'' contract requirements
are applicable to labor surplus area set-asides. Contracts which are
restricted to labor surplus area concerns shall be recorded in
fulfillment of labor surplus area goals.
(b) Contracts awarded under priorities (1), (3) and (5) of FAR
19.504(a) shall be recorded in fulfillment of labor surplus area goals.
Contracting activities shall not record noncompetitive 8(a) contracts,
purchases from blind and handicapped workshops, and purchases from
Federal Prison Industries toward their LSA goals. However, contracts
may be counted toward LSA goals whenever there is competition among
firms in labor surplus areas which are also in the 8(a) Program.
(c) Small business-small purchase set-asides accomplished under the
procedures in FAR 13.105 shall be counted toward fulfillment of LSA
goals. The clause requiring firms to perform as LSA concerns shall be
included in the purchase order or other purchase document. In addition,
the following statement should be included in the SF-18, when
applicable: ''This request is restricted to small business (and labor
surplus area firms).'' The contracting officer shall document a firm's
acceptance of the LSA provisions whenever solicitations are conducted
orally.
(d) LSA goals shall be established in accordance with the provisions
of 419.201-72.
(49 FR 12123, Mar. 28, 1984)
48 CFR 420.170 PART 421 -- (RESERVED)
48 CFR 420.170 PART 422 -- APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
48 CFR 420.170 Subpart 422.1 -- Basic Labor Policies
Sec.
422.103 Overtime.
422.103-4 Approvals.
48 CFR 420.170 Subpart 422.6 -- Walsh-Healy Public Contracts Act
422.604 Exemptions.
422.604-2 Regulatory exemptions.
422.608 Procedures.
422.608-4 Award pending final determination.
48 CFR 420.170 Subpart 422.8 -- Equal Employment Opportunity
422.803 Responsibilities.
422.804 Affirmative action programs.
422.804-2 Construction.
422.805 Procedures.
422.807 Exemptions.
48 CFR 420.170 Subpart 422.13 -- Special Disabled and Vietnam Era
Veterans
422.1303 Waivers.
422.1306 Complaint procedures.
48 CFR 420.170 Subpart 422.14 -- Employment of the Handicapped
422.1403 Waivers.
422.1406 Complaint procedures.
48 CFR 420.170 Subpart 422.70 -- Service Contract Act of 1965
422.7001 Applicability.
422.7002 Clause for contracts of $2,500 or less.
422.7003 Clauses for contracts over $2,500.
422.7004 Notice of intention to make a service contract.
422.7005 Hearings.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12123, Mar. 28, 1984, unless otherwise noted.
48 CFR 420.170 Subpart 422.1 -- Basic Labor Policies
48 CFR 422.103 Overtime.
48 CFR 422.103-4 Approvals.
Requests for the use of overtime shall be approved at a level above
the contracting officer in accordance with the procedures in FAR
22.103-4.
48 CFR 422.103-4 Subpart 422.6 -- Walsh-Healy Public Contracts Act
48 CFR 422.604 Exemptions.
48 CFR 422.604-2 Regulatory exemptions.
The Assistant Secretary for Administration can request the Secretary
of Labor to exempt contracts from the Walsh-Healy Public Contracts Act
pursuant to FAR 22.604-2(c). A written finding justifying the request
for exemption shall be prepared for the Assistant Secretary's signature
and submitted by the HCA to the Director, Office of Operations, for
referral to the Assistant Secretary.
48 CFR 422.608 Procedures.
48 CFR 422.608-4 Award pending final determination.
The HCA is delegated authority to approve the contracting officer's
certification for award required by FAR 22.608-4.
48 CFR 422.608-4 Subpart 422.8 -- Equal Employment Opportunity
48 CFR 422.803 Responsibilities.
The contracting officer shall submit questions involving the
applicability of EO 11246 and FAR Subpart 22.8 through the HCA to the
Director, Office of Operations, for resolution.
48 CFR 422.804 Affirmative action programs.
48 CFR 422.804-2 Construction.
The HCA shall ensure that each contracting office awarding nonexempt
construction contracts maintains a current listing of covered
geographical areas subject to affirmative action requirements specifying
goals for minorities and women in covered construction trades.
48 CFR 422.805 Procedures.
(a) The contracting officer shall submit requests for preaward
reviews directly to the appropriate OFCCP regional office in accordance
with FAR 22.805(a) (4) and (5).
(b) The contracting officer shall obtain copies of the poster ''Equal
Opportunity is the Law'' (OFCCP 1420), from the nearest regional GSA
supply depot using stock NO. 769000-926-8988.
48 CFR 422.807 Exemptions.
(a) The Assistant Secretary for Administration is authorized to make
the determination in FAR 22.807(a)(1) that a contract is essential to
the national security.
(b) The contracting officer shall submit request for exemptions under
FAR 22.807(a)(1), (a)(2), and (b)(5) through the HCA to the Director,
Office of Operations, for determination by the Assistant Secretary for
Administration or referral to the Director, OFCCP, as appropriate.
48 CFR 422.807 Subpart 422.13 -- Special Disabled and Vietnam Era Veterans
48 CFR 422.1303 Waivers.
(a) The Assistant Secretary for Administration is authorized to make
the waiver determination under FAR 22.1303(a), and under FAR 22.1303(b)
with concurrence of the Director, OFCCP.
(b) The contracting office shall submit requests for waivers through
the HCA to the Director, Office of Operations.
48 CFR 422.1306 Complaint procedures.
The contracting officer shall forward complaints received about the
administration of the Vietnam Era Veterans Readjustment Assistance Act
of 1972 directly to the DOL as prescribed in FAR 22.1306.
48 CFR 422.1306 Subpart 422.14 -- Employment of the Handicapped
48 CFR 422.1403 Waivers.
(a) The Assistant Secretary for Administration is authorized to make
the waiver determinations under FAR 22.1403(a), and under FAR 22.1403(b)
with concurrence of the Director, OFCCP.
(b) The contracting officer shall submit requests for waivers through
the HCA to the Director, Office of Operations.
48 CFR 422.1406 Complaint procedures.
The contracting officer shall forward complaints received about the
administration of Section 503 of the Rehabilitation Act of 1973, as
amended, directly to the OFCCP as prescribed in FAR 22.1406.
48 CFR 422.1406 Subpart 422.70 -- Service Contract Act of 1965
Source: 53 FR 6066, Feb. 29, 1988, unless otherwise noted.
48 CFR 422.7001 Applicability.
(a) General. Pending coverage in the FAR, the policies and
procedures in the Federal Procurement Regulations (FPR) Subpart 1-12.9,
Service Contract Act of 1965, as amended by the FPR Temporary Regulation
76, Revision of Labor Standards for Federal Service Contracts, February
23, 1984, must be followed in acquisitions of services. This Subpart
422.70 implements the essential elements of the FPR Temporary Regulation
76 and includes the major changes to the Department of Labor (DOL)
regulations, dated October 19, 1983.
(b) Request for determinations and exemptions. The HCA shall direct
requests for determinations regarding the applicability of the Service
Contract Act and requests for exemptions from the Act to the Wage and
Hour Administrator.
48 CFR 422.7002 Clause for contracts of $2,500 or less.
The contracting officer shall insert the clause at 452.222-70,
Service Contract Act of 1965-Contracts of $2,500 or less, in
solicitations and contracts if the contract amount is expected to be
$2,500 or less and the Service Contract Act of 1965 applies.
48 CFR 422.7003 Clauses for contracts over $2,500.
(a) The contracting officer shall insert the clause at 452.222-71,
Service Contract Act of 1965, as amended, in solicitations and contracts
if the contract is subject to the Service Contract Act of 1965 and is --
(1) Expected to exceed $2,500 or
(2) For an indefinite dollar amount and the contracting officer
expects the contract amount to exceed $2,500 during any 12-month period.
(b) The contracting officer shall insert the clauses at 452.222-72,
Statement of Equivalent Rates for Federal Hires and 452.222-73, Fair
Labor Standards Act and Service Contract Act -- Price Adjustment, in
solicitations and contracts if the contract is expected to be a fixed
price service contract containing the clause at 452.222-71, Service
Contract Act of 1965 (as amended), that exceeds the small purchase
limitation. The clause at 452.222-73 is optional for small purchases.
48 CFR 422.7004 Notice of intention to make a service contract.
(a) The Department of Labor (DOL) has issued a Service Contract Act
Directory of Occupations to use in determining job classifications when
procuring services. The directory contains occupational titles and
descriptions that contracting offices must use when listing on SF 98a
the classes of service employees to be used. When contracting officers
are unable to find an appropriate title or description in the directory,
they must develop and submit an appropriate occupational title and
description for the work to DOL with the SF 98 request.
(b) Requests to expedite wage determinations or to check the status
of a request may be made by the contracting officer directly to the DOL
Wage and Hour Administrator.
48 CFR 422.7005 Hearings.
Requests for hearings under 29 CFR 4.11 will be made by the
contracting officer through the head of the contracting activity to the
Administrator, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC, 20210. All
such requests shall be coordinated with the appropriate legal counsel.
48 CFR 422.7005 PART 423 -- ENVIRONMENT, CONSERVATION, AND OCCUPATIONAL
SAFETY
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 422.7005 Subpart 423.1 -- Pollution Control and Clean Air and Water
48 CFR 423.104 Exemptions.
(a) Requests for exemption shall be submitted to the Director, Office
of Operations. The Office of Operations will coordinate review of the
request with the appropriate staff and program officer and submit the
request to the Assistant Secretary for Administration for decision.
(b) The Office of Operations shall notify the Environmental
Protection Agency upon the granting of an individual exemption, and
shall consult with the Environmental Protection Agency in advance of the
granting of any class exemption.
(49 FR 12124, Mar. 28, 1984)
48 CFR 423.104 PART 424 -- PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
48 CFR 423.104 Subpart 424.1 -- Protection of Individual Privacy
Sec.
424.104 Contract clauses.
48 CFR 423.104 Subpart 424.2 -- Freedom of Information Act
424.202 Policy.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 423.104 Subpart 424.1 -- Protection of Individual Privacy
48 CFR 424.104 Contract clauses.
When applicable, the contracting officer shall insert the clause at
452.224-71, Confidentiality of Information, in contracts involving
confidential information.
(53 FR 6066, Feb. 29, 1988)
48 CFR 424.104 Subpart 424.2 -- Freedom of Information Act
48 CFR 424.202 Policy.
USDA implementation of the Freedom of Information and Privacy Acts is
found in 7 CFR, Subtitle A, Part 1, Subparts A and G, respectively.
Contracting officers shall follow these regulations when responding to
requests for information or awarding contracts that will involve the
design, development, or operation of a system of records on individuals
to accomplish agency function.
(49 FR 12124, Mar. 28, 1984)
48 CFR 424.202 PART 425 -- FOREIGN ACQUISITION
48 CFR 424.202 Subpart 425.1 -- Buy American Act -- Supplies
Sec.
425.102 Policy.
425.105 Evaluating offers.
425.108 Excepted articles, materials and supplies.
48 CFR 424.202 Subpart 425.2 -- Buy American Act -- Construction
Materials
425.202 Policy.
425.203 Evaluating offers.
425.204 Violations.
48 CFR 424.202 Subpart 425.3 -- Balance of Payments Program
425.302 Policy.
48 CFR 424.202 Subpart 425.4 -- Purchases Under the Trade Agreements Act
of 1979
425.402 Policy.
425.407 Solicitation provision and contract clause.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12124, Mar. 28, 1984, unless otherwise noted.
48 CFR 424.202 Subpart 425.1 -- Buy American Act -- Supplies
48 CFR 425.102 Policy.
(a) The Assistant Secretary for Administration shall make the
determination prescribed in FAR 25.102(a)(3).
(b) The HCA shall make the determination prescribed in FAR
25.102(a)(4) in accordance with 425.108.
48 CFR 425.105 Evaluating offers.
(a) FAR 25.105 provides that the price of a domestic end product is
unreasonable if it exceeds specified percentages. The FAR, however,
permits the agency head to determine that offers above these percentages
are acceptable.
(1) Contracting officers who determine it is in the best interest of
the Government to award a contract to a domestic firm whose offer
exceeds the percentages specified in FAR 25.105(a) (1) and (2) may do so
only with approval of the Assistant Secretary for Administration.
(2) Requests for approval must:
(i) Be directed to the Director, Office of Operations, by the HCA;
(ii) Be in writing; and
(iii) Provide a detailed justification for the reasonableness of the
domestic offer.
(b) If an award of more than $250,000 would be made to a domestic
concern if the 12 percent factor were applied, but not if the 6 percent
factor were applied, the Assistant Secretary for Administration shall
decide whether award to the domestic concern would involve unreasonable
cost. The HCA shall refer such proposed awards to the Director, Office
of Operations, for coordination of the necessary approval.
48 CFR 425.108 Excepted articles, materials, and supplies.
(a) The HCA shall determine if articles, materials, and supplies
should be added to or deleted from the list in FAR 25.108(d)(1). The HCA
shall provide a copy of all such determinations to the Director, Office
of Operations.
(b) The Director of the Office of Operations shall submit a copy of
each determination to the FAR Council in accordance with FAR 25.108 (b)
and (c).
48 CFR 425.108 Subpart 425.2 -- Buy American Act -- Construction Materials
48 CFR 425.202 Policy.
(a) The Assistant Secretary for Administration shall make the
determination prescribed in FAR 25.202(a)(2).
(b) The HCA shall make the determination prescribed in FAR
25.202(a)(3) in accordance with the procedures in 425.108.
(c) The HCA shall make the determination prescribed in FAR 25.202(b).
48 CFR 425.203 Evaluating offers.
The Assistant Secretary for Administration may determine that the use
of a particular domestic construction material would be impracticable or
unreasonably increase the cost of the contract. If the Assistant
Secretary makes such a determination, the restrictions of the Buy
American Act shall be waived for that material for the contract in
question.
(a) If a contracting officer determines that the use of a particular
domestic construction material should be waived for a contract, the
contracting officer shall submit the proposed award and the information
prescribed in FAR 25.203(b) through the HCA to the Director, Office of
Operations.
(b) The Director, Office of Operations, shall evaluate all waiver
requests and make a recommendation for approval or disapproval to the
Assistant Secretary for Administration.
48 CFR 425.204 Violations.
Contracting officers shall, in accordance with the debarment
procedures prescribed in 409.4, refer all violations of the clause found
in FAR 52.225-5 to the Department Debarring Officer for possible
debarment action.
48 CFR 425.204 Subpart 425.3 -- Balance-of-Payments Program
48 CFR 425.302 Policy.
The HCA shall make the determinations prescribed in FAR 25.302(b) (2)
and (3) and may authorize differentials greater than 50 percent as
prescribed in FAR 25.302(c).
48 CFR 425.302 Subpart 425.4 -- Purchases Under the Trade Agreements Act of 1979
48 CFR 425.402 Policy.
Whenever the U.S. Trade Representative publishes a redetermination of
the dollar threshold at which the Agreement on Government Procurement
applies, the Department will set out the dollar threshold in a
Departmental Notice, 5025 series. Contracting officers shall use the
specified amount to complete paragraph (b) of the clause at FAR
52.225-9.
(53 FR 6067, Feb. 29, 1988)
48 CFR 425.407 Solicitation provision and contract clause.
The contracting officer shall insert the provision at 452.225-70,
English Language and U.S. Currency Requirements, whenever the
solicitation contains the provision at FAR 52.225-8.
(53 FR 6067, Feb. 29, 1988)
48 CFR 425.407 PART 426 -- (RESERVED)
48 CFR 425.407 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR 425.407 PART 427 -- (RESERVED)
48 CFR 425.407 PART 428 -- BONDS AND INSURANCE
48 CFR 425.407 Subpart 428.1 -- Bonds
Sec.
428.102-3 Solicitation requirements.
48 CFR 425.407 Subpart 428.2 -- Sureties
428.203 Options in lieu of sureties.
48 CFR 425.407 Subpart 428.3 -- Insurance
428.310 Contract clause for work on a Government installation.
428.370 Government-owned vehicles operated in foreign countries.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12125, Mar. 28, 1984, unless otherwise noted.
48 CFR 425.407 Subpart 428.1 -- Bonds
48 CFR 428.102-3 Solicitation requirements.
(a) The contracting officer shall insert the provision at 452.228-70,
Notice of Required Bid Guarantee, in a solicitation if a performance
bond or a performance and payment bond is required.
(b) The contracting officer shall insert the clause at 452.228-71,
Notice of Required Performance Security, in solicitations and contracts
for construction or other service contracts over $25,000, which require
the contractor to furnish a performance bond.
(c) The contracting officer shall insert the clause at 452.228-72,
Notice of Required Payment Security, in solicitations and contracts for
construction exceeding $25,000.
(53 FR 6067, Feb. 29, 1988)
48 CFR 428.102-3 Subpart 428.2 -- Sureties
48 CFR 428.203 Options in lieu of sureties.
HCA's shall establish procedures to ensure protection and conveyance
of deposited securities of the types listed in FAR 28.203-1 and
28.203-2.
48 CFR 428.203 Subpart 428.3 -- Insurance
48 CFR 428.310 Contract clause for work on a Government installation.
The contracting officer shall insert the clause at 452.228-73,
Insurance Coverage, in solicitations and contracts when a fixed-price
contract is contemplated, the contract amount exceeds the appropriate
small purchase limitation in FAR Part 13, the contract requires work on
a Government installation and contains the clause at FAR 52.228-5,
unless --
(a) Only a small amount of work is required on the Government
installation (e.g., a few brief visits per month); or
(b) All work on the Government installation is to be performed
outside the United States, its possessions, and Puerto Rico.
The contracting officer may insert the following clause in
solicitations and contracts described in paragraphs (a) and (b) above if
it is in the Government's interest to do so. If property liability
insurance is required, the contracting officer shall use the clause with
its Alternate I.
(53 FR 6067, Feb. 29, 1988)
48 CFR 428.370 Government-owned vehicles operated in foreign countries.
The Department is authorized to obtain insurance to cover liability
incurred by any of its employees while acting within the scope of their
employment and operating a Government-owned vehicle in a foreign country
(7 U.S.C. 2262).
48 CFR 428.370 PART 429 -- (RESERVED)
48 CFR 428.370 PART 430 -- COST ACCOUNTING STANDARDS
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 428.370 Subpart 430.3 -- CAS Contract Requirements
48 CFR 430.304 Waiver.
(a) The Director, Office of Operations, is authorized to waive CASB
requirements as prescribed in FAR 30.304(c).
(b) Requests for waivers under (a) above shall be prepared by the
contracting officer as prescribed in FAR 30.304(a) and submitted by the
HCA.
(49 FR 12125, Mar. 28, 1984)
48 CFR 430.304 PART 431 -- (RESERVED)
48 CFR 430.304 PART 432 -- CONTRACT FINANCING
48 CFR 430.304 Subpart 432.1 -- General
Sec.
432.102 Description of contract financing methods.
432.103 Progress payments construction contracts.
432.111 Contract clauses.
48 CFR 430.304 Subpart 432.4 -- Advance Payments
432.402 General.
48 CFR 430.304 Subpart 432.5 -- Progress Payments Based on Costs
432.502 Preaward matters.
432.502-2 Contract finance office clearance.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12125, Mar. 28, 1984, unless otherwise noted.
48 CFR 430.304 Subpart 432.1 -- General
48 CFR 432.102 Description of contract financing methods.
Progress payments based on a percentage or stage of completion are
authorized for use as a payment method under USDA contracts or
subcontracts for construction, alteration or repair, and shipbuilding
and conversion. Such payments are authorized also for service
contracts, if the contracting officer determines that progress payments
based on costs are not practicable and adequate safeguards can be
provided to administer progress payments based on a percentage or stage
of completion. For all other contracts, progress payment provisions
shall be based on costs, as provided in FAR 32.5, as supplemented by
Subpart 432.5, except that progress payments based on a percentage or
stage of completion may be authorized on a case-by-case basis by the HCA
or designee when a determination is made that progress payments based on
costs cannot be employed practically and that there are adequate
safeguards provided for the administration of progress payments based on
a percentage or stage of completion.
(50 FR 14198, Apr. 10, 1985)
48 CFR 432.103 Progress payments construction contracts.
The Government does not, in the course of making progress payments
under a fixed-price construction contract, reimburse the contractor for
any amount of paid bond premiums in addition to the stated contract
price. When the contractor furnishes evidence to the contracting
officer that the surety company has been paid in full for bond premiums
and requests reimbursement therefore, the first subsequent progress
payment shall include the total amount attributable to such bond
premiums and the Government shall pay that amount in full without
proration or affixing any retainage then or later.
(53 FR 6067, Feb. 29, 1988)
48 CFR 432.111 Contract clause.
The contracting officer shall insert the clause at 452.232-74,
Reimbursement for Bond Premiums -- Fixed-Price Construction, whenever
the clause at FAR 52.232-5 is used in a contract.
(53 FR 6067, Feb. 29, 1988)
48 CFR 432.111 Subpart 432.4 -- Advance Payments
48 CFR 432.402 General.
The HCA is designated as the individual responsible for making the
findings and determination and for approval of contract terms concerning
advance payments as required by FAR 32.402(e).
48 CFR 432.402 Subpart 432.5 -- Progress Payments Based on Costs
432.502 Preaward matters.
48 CFR 432.502-2 Contract finance office clearance.
The contracting officer shall obtain the approval of the HCA and the
cognizant finance office for the contract before taking action under FAR
32.502-2.
48 CFR 432.502-2 PART 433 -- PROTESTS, DISPUTES, AND APPEALS
48 CFR 432.502-2 Subpart 433.1 -- Protests
Sec.
433.102 General.
433.103 Protests to the agency.
433.104 Protests to GAO.
433.105 Protests to GSBCA.
48 CFR 432.502-2 Subpart 433.2 -- Disputes and Appeals
433.203 Applicability.
433.203-70 Agriculture Board of Contract Appeals.
433.209 Suspected fraudulent claims.
433.211 Contracting officer's decision.
433.212 Contracting officer's duties upon appeal.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 432.502-2 Subpart 433.1 -- Protests
Source: 51 FR 34566, Sept. 29, 1986, unless otherwise noted.
48 CFR 433.102 General.
The Director, Office of Operations, is responsible for coordinating
the handling of bid protests lodged with the General Accounting Office
(GAO) and the Genral Services Board of Contract Appeals (GSBCA) against
contracts awarded by contracting activities. However, in order that the
Department be responsive to the mandatory time frames established in the
FAR, the Director, Office of Operations, has authorized each contracting
activity to coordinate protests directly with the GAO and the GSBCA.
48 CFR 433.103 Protests to the agency.
When a protest is filed with the contracting activity, the
contracting officer shall take prompt action toward resolution and
notify the protester in writing of the action taken. The written final
decision shall include a paragraph substantially as follows:
This decision shall be final and conclusive unless a further written
notice of protest is filed with the General Accounting Office in
accordance with 4 CFR Part 21 or, when applicable, with the General
Services Board of Contract Appeals in accordance with 48 CFR Part 61.
The contracting officer need not notify the contractor if the protest
can be promptly resolved. If the protest appears to have merit, or if
the contracting officer denies the protest but has reason to believe
that the protester will file a protest with the GAO or the GSBCA, the
contracting officer should promptly notify the contractor in writing and
consider suspending contract performance.
48 CFR 433.104 Protests to GAO.
(a) The Director, Office of Operations, has furnished to the GAO a
list of the name, title, address and telephone number of an official in
each of the contracting activities whom the GAO can contact regarding
protests. Contracting activities shall promptly notify the Chief, 00,
Procurement Division, of any changes to the list.
(b) Protests received after award shall be handled in accordance with
the contracting activities' internal procedures.
(c) If the protest involves significant legal issues, the Office of
Operations and the Office of the General Counsel will, upon request,
assist contracting activities to reach a proper resolution of the
protest.
(d) The HCA shall report to the GAO pursuant to FAR 33.104(f) when
the contracting activity has decided not to comply with the GAO's
recommendation.
48 CFR 433.105 Protests to GSBCA.
(a) Upon receiving notification of a protest filed with the GSBCA,
the contracting officer shall promptly notify the Assistant General
Counsel, Research and Operations Division, and coordinate with OGC the
contracting activity's response to the protest. The OGC will provide
necessary legal counsel.
(b) The HCA shall make the determination under FAR 33.105(d)(2)
whether to proceed with award of a contract that has been protested to
the GSBCA and is pending a final decision.
48 CFR 433.105 Subpart 433.2 -- Disputes and Appeals
Source: 49 FR 12125, Mar. 28, 1984, unless otherwise noted.
Correctly redesignated at 51 FR 41790, Nov. 19, 1986.
48 CFR 433.203 Applicability.
(a) The Assistant Secretary for Administration is authorized to
determine the applicability of the Contract Disputes Act to contracts
with foreign governments pursuant to FAR 33.203.
(b) A written determination shall be prepared for the Assistant
Secretary's signature and submitted by the HCA to the Director, Office
of Operations, for review and referral to the Assistant Secretary.
48 CFR 433.203-70 Agriculture Board of Contract Appeals.
The Agriculture Board of Contract Appeals (AGBCA) is authorized by
the Secretary of Agriculture to hear, consider and determine appeals by
contractors from decisions of USDA contracting officers under a contract
or relating to a contract made by the Department or by any other
executive agency when such agency or the Administrator for Federal
Procurement Policy has designated the Board to decide the appeal. All
appeals brought before the Board are subject to the AGBCA Rules of
Procedure in 7 CFR, Part 24.
All correspondence and documents to be filed with the Board should be
addressed to the Board of Contract Appeals, U.S. Department of
Agriculture, Washington, DC 20250.
48 CFR 433.209 Suspected fraudulent claims.
The contracting officer shall refer all matters related to suspected
fraudulent claims by a contractor under the conditions in FAR 33.209 to
the Office of the Inspector General for further action or investigation.
48 CFR 433.211 Contracting officer's decision.
The contracting officer's decision under FAR 33.211(a)(4) shall
include the Board or Contract Appeals' mailing address and rules of
procedure citation as referenced in 433.203-70.
48 CFR 433.212 Contracting officer's duties upon appeal.
Once notified by the AGBCA of an appeal, the contracting officer
shall provide data, documentation, information, and support in
accordance with the AGBCA Rules of Procedure, 7 CFR 24.9.
48 CFR 433.212 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
48 CFR 433.212 PART 434 -- MAJOR SYSTEM ACQUISITION
Sec.
434.001 Implementation.
434.002 Policy.
434.003 Responsibilities.
434.004 Acquisition strategy.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12126, Mar. 28, 1984, unless otherwise noted.
48 CFR 434.001 Implementation.
(a) Definition. For the purpose of applying the policy and
procedures of OMB Circular No. A-109 within the USDA, the definition of
a major system contained in the Circular is to be followed subject to
the following:
(1) All system acquisitions which are expected to result in at least
50 million dollars of acquisition costs with private industry are
considered to be major system acquisitions and are subject to the
requirements of OMB Circular No. A-109.
(2) Other system acquisitions not expected to result in acquisition
costs in excess of this 50 million dollar limit may be specifically
designated as major system acquisitions subject to A-109 by the USDA
Acquisition Executive.
(3) Classification as a major system acquisition is independent of
the number of component USDA contracting activities involved in the
process. A major system acquisition may occur entirely within the
jurisdiction of a single contracting activity or may involve more than
one component USDA contracting activity.
(4) The Major Missions of USDA are documented in the USDA Program
Structure Dictionary. All major system acquisitions will be in response
to a ''need'' of one of these Major Missions.
(b) Exemption. Acquisition of major ADP systems which would
otherwise be subject to the requirements of this section and OMB
Circular A-109 are exempted from these requirements. USDA has other
existing controls which provide the necessary reviews, approval and
monitoring procedures to manage major ADP systems acquisitions.
48 CFR 434.002 Policy.
USDA concurs with the objecives of OMB Circular A-109 to assure
effectiveness and efficiency in acquiring major systems and also views
the guidelines stated in A-109 as necessary steps in the acquisition of
any system, be it major or otherwise. The steps outlined in the
Circular should serve as a guide to all contracting activities in the
planning and developing of all systems. These steps should include:
(a) Expressing needs in ''mission terms'' to encourage innovation;
(b) Emphasizing initial activities of the system acquisition process;
(c) Communicating with Congress at an early stage;
(d) Establishing clear lines of authority, responsibility, and
accountability;
(e) Designating focal points for integration and unification of
activities; and
(f) Relying on private industry in accordance with the policies
established by OMB Circular No. A-76.
48 CFR 434.003 Responsibilities.
(a) The Secretary of Agriculture is charged by OMB Circular No.
A-109 with the responsibility for making four key decisions in each
major system acquisition process. These are summarized in paragraph
nine of the Circular and elaborated in paragraphs ten through thirteen.
(b) The key executives of USDA, i.e., the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries, individually or
as a group, will participate in the identification and definition of
specific mission needs to be fulfilled in USDA and in the assignment of
priorities to these needs. They will also be involved in assisting the
Secretary in making the ''key decisions'' identified in A-109.
(c) The Assistant Secretary for Administration has been designated by
the Secretary to be the Departmental Acquisition Executive. The
Assistant Secretary will assure that OMB Circular No. A-109 is
implemented in USDA and ensure that the management objectives of the
Circular are realized. The Acquisition Executive is responsible for
designating the program manager for each Major System Acquisition
designating any acquisition in the Department as a Major System
Acquisition and approving the written charter and project control system
for each Major System Acquisition.
(d) The Office of Operations will serve as the cognizant staff office
in assisting the Assistant Secretary for Administration in carrying out
the above responsibilities. The Office of Operations will access the
budget development and review process to identify potential major system
acquisitions and bring them to the attention of the Assistant Secretary.
(e) HCA's must:
(1) Become familiar with the requirements of OMB Circular No. A-109
and ensure that contracting activity personnel are knowledgeable
regarding the Circular.
(2) Take such steps as are necessary to ensure that all potential
Major System Acquisitions are brought to the attention of the
Acquisitions Executive.
(3) Recommend qualified candidates for designations as program
managers for each major system acquisition within their jurisdictions.
(4) Ensure that program managers fulfill their responsibilities and
discharge their duties.
(5) Cooperate with the Assistant Secretary for Administration and the
Office of Finance and Management in implementing the requirements of the
Circular.
(6) Adhere to the principles outlined in the Circular with regard to
all major system acquisitions.
(7) Use the principles outlined in the Circular as a guideline for
other acquisitions.
(f) Program Managers will:
(1) Plan and carry out the proposed objective of the Major System
Acquisition.
(2) Schedule and monitor all aspects of the projects using an
appropriate project control system.
(3) Provide analysis papers to recommend decisions to the key
executives of USDA and the Secretary.
(4) Document USDA compliance with A-109.
48 CFR 434.004 Acquisition strategy.
(a) The Program Manager will assume operational responsibility for
the planning and execution of the Major System Acquisition upon
designation by the Acquisition Executive.
(b) The Program Manager will work closely with the Acquisition
Executive to develop a written charter outlining the authority,
responsibility, accountability, and budget for accomplishing the
proposed objective.
(c) The Program Manager will develop a project control system to
schedule, monitor, and regularly report on all aspects of the project.
The control system will be presented to the Acquisition Executive for
approval. In developing the control system, the Program Manager shall
provide for appropriate reporting periods and for checkpoints consistent
with the ''key decisions'' Section No. 9 of OMB Circular No. A-109.
(d) Upon initiation of the project, the Program Manager will report
regularly (at least monthly) to the Acquisition Executive on the
progress achieved to that point. The reports shall include information
with regard to the requirements of OMB Circular No. A-109 and how the
objectives of the Circular have been realized to present time. Also,
the reports shall contain a statement as to what is planned for the next
reporting period both in terms of the project itself and the
requirements of A-109.
(e) As each ''key decision'' point is reached, the Program Manager
will prepare detailed analysis, findings and recommendations to be
submitted, through the Acquisition Executive, to the key executives in
the Department. The program manager shall also prepare additional
reports and documentation as requested by the key executives.
(f) The Program Manager will work closely with the Director, Office
of Finance and Management, with regard to budgeting and financing for
the system and will provide the necessary information to OMB and
Congress as required by Circular A-109.
48 CFR 434.004 PART 435 -- RESEARCH AND DEVELOPMENT CONTRACTING
Sec.
435.010 Scientific and technical reports.
435.015 Contracts for research with educational institutions and
nonprofit organizations.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12127, Mar. 28, 1984, unless otherwise noted.
48 CFR 435.010 Scientific and technical reports.
(a) Pursuant to FAR 35.010(b), research and development contracts
shall contain a provision requiring that the contractor send copies of
all scientific and technical reports to the National Technical
Information Service (303Y), Department of Commerce, 5285 Port Royal
Road, Springfield, VA 22161.
(b) The release of research and development contract results to other
Government activities and to the private sector is subject to the
provisions of FAR Subpart 4.4.
48 CFR 435.015 Contracts for research with educational institutions and
nonprofit organizations.
(a) Promptly after execution of a basic agreement for research and
development with an educational institution or nonprofit organization,
the HCA shall furnish a copy of the agreement to the Director, Office of
Operations.
(b) The Director, Office of Operations, shall furnish the list
required under FAR 35.015(b)(3) to the FAR Secretariat.
48 CFR 435.015 PART 436 -- CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
48 CFR 435.015 Subpart 436.2 -- Special Aspects of Contracting for
Construction
Sec.
436.201 Evaluation of contractor performance.
436.209 Construction contracts with architect-engineer firms.
48 CFR 435.015 Subpart 436.3 -- Sealed Bidding
436.370 Additive or deductive items.
48 CFR 435.015 Subpart 436.5 -- Contract Clauses
436.570 Scope.
436.571 Prohibition Against the Use of Lead-Based Paint.
436.572 Use of Premises.
436.573 Archeological or historic sites.
436.574 Control of erosion, sedimentation, and pollution.
436.575 Maximum workweek -- construction schedule.
436.576 Samples and certificates.
436.577 Emergency control.
436.578 Forest Service Standard Specifications for Construction of
Roads and Bridges.
436.579 Opted Timber Sale Road Requirements.
48 CFR 435.015 Subpart 436.6 -- Architect-Engineer Services
436.602 Selection of firms for achitect-engineer contracts.
436.602-1 Selection criteria.
436.602-2 Evaluation boards.
436.602-3 Evaluation board functions.
436.602-4 Selection authority.
436.602-5 Short selection processes for contracts not to exceed
$10,000.
436.603 Collecting data on and appraising firms' qualifications.
436.604 Performance evaluation.
436.606 Negotiations.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12127, Mar. 28, 1984, unless otherwise noted.
48 CFR 435.015 Subpart 436.2 -- Special Aspects of Contracting for Construction
48 CFR 436.201 Evaluation of contractor performance.
(a) HCA's shall establish procedures to evaluate construction
contractor peformance including instructions for review of the
evaluation report (SF-1420) as prescribed in FAR 36.201 and 36.701(e).
48 CFR 436.209 Construction contracts with architect-engineer firms.
(a) As required by FAR 36.209, no contract for construction of a
project shall be awarded to the firm that designed the project or its
subsidiaries or afffiliates without the written approval of the
Director, Office of Operations.
(b) Requests for approval under (a) above shall be made by the HCA to
the Director, Office of Operations. The request shall include the
reason(s) why award to the design firm is required; an analysis of the
facts involving potential or actual organizational conflicts of interest
including benefits and detriments to the Government and the prospective
contractor; and the measures which are to be taken to avoid,
neutralize, or mitigate conflicts of interest.
48 CFR 436.209 Subpart 436.3 -- Sealed Bidding
48 CFR 436.370 Additive or deductive items.
(a) When it appears that funds available for a project may be
insufficient for all the desired features of construction, the
contracting officer may provide in the solicitation for a base bid item
covering the work generally as specified and for one or more additive or
deductive bid items which progressively add or omit specified features
of the work in a stated order or priority. In such case, the
contracting officer shall insert the provision at 452.236-70, Additive
or Deductive Items, in solicitations for construction.
(49 FR 12127, Mar. 28, 1984, and 50 FR 14197, Apr. 10, 1985, as
amended at 53 FR 6067, Feb. 29, 1988)
48 CFR 436.370 Subpart 436.5 -- Contract Clauses
Source: 53 FR 6067, Feb. 29, 1988, unless otherwise noted.
48 CFR 436.570 Scope.
This subpart prescribes clauses for insertion in USDA solicitations
and contracts for construction and for dismantling, demolition, or
removal of improvements or structures. The contracting officer shall
use the clauses as prescribed, in contracts that exceed the small
purchase limitation. The contracting officer may use the clauses if the
contract amount is expected to be within the small purchase limitation.
48 CFR 436.571 Prohibition Against the Use of Lead-Based Paint.
The contracting officer shall insert the clause at 452.236-71,
Prohibition Against the Use of Lead-Based Paint, in solicitations and
contracts, if the work involves construction or rehabilitation
(including dismantling, demolition, or removal) of residential
structures. This clause may be used in contracts for other than
residential structures.
48 CFR 436.572 Use of premises.
The contracting officer shall insert the clause at 452.236-72, Use of
premises, if the contractor will be permitted to use land or premises
administered by USDA.
48 CFR 436.573 Archeological or historic sites.
The contracting officer shall insert the clause at 452.236-73,
Archeological or Historic Sites, if the contractor will be working in an
area where such sites may be found. Use of the clause is optional in
service contracts for on-the-ground work, e.g. reforestation,
silvicultural, land stabilization, or other agricultural-related
projects.
48 CFR 436.574 Control of erosion, sedimentation, and pollution.
The contracting officer shall insert the clause at 452.236-74,
Control of Erosion, Sedimentation and Pollution, if there is a need for
applying environmental controls on the performance of work. Use of the
clause is optional in service contracts for on-the-ground work; e.g.,
reforestation, silvicultural, land stabilization, or other
agricultural-related projects.
48 CFR 436.575 Maximum workweek -- construction schedule.
The contracting officer shall insert the clause at 452.236-75,
Maximum Workweek -- Construction Schedule, if a specific workweek
schedule that is limited to a maximum number of hours is needed.
48 CFR 436.576 Samples and certificates.
The contracting officer shall insert the clause at 452.236-76,
Samples and Certificates, in all contracts.
48 CFR 436.577 Emergency control.
A Forest Service contracting officer shall insert the clause at
452.236-77, Emergency Control, in Forest Service construction contracts.
48 CFR 436.578 Forest Service Standard Specifications for Construction
of Roads and Bridges.
Forest Service contracting officers shall insert the clause at
452.236-78, Forest Service Standard Specifications for Construction of
Roads and Bridges, in Forest Service construction contracts that
incorporate the standard specifications.
48 CFR 436.579 Opted Timber Sale Road Requirements.
Forest service contracting officers shall insert the clause at
452.236-79, Opted Timber Sale Road Requirements, in Forest Service road
construction contracts resulting from a timber sale turnback.
48 CFR 436.579 Subpart 436.6 -- Architect-Engineer Services
48 CFR 436.602 Selection of firms for architect-engineer contracts.
48 CFR 436.602-1 Selection criteria.
(a) In addition to the selection criteria under FAR 36.602-1(a), the
following criteria shall be used in the evaluation of each potential
contractor when applicable to a particular acquisition:
(1) Computer-assisted design capability and capacity (where such
design is required).
(2) Adequacy of facilities for performance of the work including
those necessary to provide specialized services that may be required.
(3) Volume and nature of present workload as it relates to the
ability to perform the work required.
(4) Experience and qualifications of proposed key personnel including
specialized technical skills, project coordination and management
skills, and experience in working together as a team.
(5) Availability of additional contractor personnel or consultants to
support expansion or acceleration of the project.
(6) Other specific criteria as may be required.
(b) HCA's are authorized to approve the use of design competition
under the conditions in FAR 36.602-1(b).
48 CFR 436.602-2 Evaluation boards.
HCA's shall establish procedures for providing permanent or ad hoc
architect-engineer evaluation boards as prescribed in FAR 36.602-2.
Procedures may provide for the appointment of private practitioners of
architecture, engineering, or related professions when such action is
determined by the HCA to be essential to meet the Government's minimum
needs.
48 CFR 436.602-3 Evaluation board functions.
(a) Firms shall be evaluated in accordance with the criteria in
436.602-1, as applicable, as well as the criteria in FAR 36.602-1.
(b) The selection report required in FAR 36.602-3(d) shall be
prepared for the approval of the HCA. The HCA may authorize an
acquisition official above the level of the contracting officer to
execute the required approval.
(49 FR 12127, Mar. 28, 1984, as amended at 50 FR 14200, Apr. 10,
1985)
48 CFR 436.602-4 Selection authority.
The HCA shall serve as the selection authority in accordance with FAR
36.602-4. The HCA may authorize an acquisition official above the level
of the contracting officer to serve as the selection authority.
48 CFR 436.602-5 Short selection processes for contracts not to exceed
$10,000.
The selection process prescribed in FAR 36.602-5(a) shall be used for
architect-engineer contracts not expected to exceed $10,000.
48 CFR 436.603 Collecting data on and appraising firms' qualifications.
(a) HCA's which require architect-engineer services shall establish
procedures to comply with the requirements of FAR 36.603.
(b) Copies of procedures established under (a) above shall be
submitted to the Director, Office of Operations, for review and comment.
The procedures shall include a list of names, addresses, and phone
numbers of offices or boards assigned to maintain architect-engineer
qualification data files. The list shall be updated annually.
(49 FR 12127, Mar. 28, 1984, as amended at 50 FR 14200, Apr. 10,
1985)
48 CFR 436.604 Performance evaluation.
(a) HCA's shall establish procedures to evaluate architect-engineer
contractor performance including instructions for review of the
evaluation report (SF-1421) as prescribed in FAR 36.604 and 36.702(c).
(b) Performance reports shall be distributed to the HCA for filing,
distribution points in FAR 36.604(c), and other points required by
internal procedures.
48 CFR 436.606 Negotiations.
Whenever a proposal is solicited from an architect-engineer firm
selected for negotiation, the contracting officer shall include in the
request for proposal a reference to 436.209 as required by FAR
36.606(c).
48 CFR 436.606 PART 437 -- SERVICE CONTRACTING
48 CFR 436.606 Subpart 437.1 -- Service Contracts -- General
Sec.
437.104 Personal services contracts.
437.110 Solicitation provisions and contract clauses.
48 CFR 436.606 Subpart 437.2 -- Consulting Services
437.205 Management controls.
437.270 Solicitation and Contract clauses.
Authority: 5 U.S.C. 301 and 5 U.S.C. 486(c).
Source: 50 FR 14200, Apr. 19, 1985, unless otherwise noted.
48 CFR 436.606 Subpart 437.1 -- Services Contracts -- General
48 CFR 437.104 Personal services contracts.
USDA has the following specific statutory authorities to contract for
personal services:
(a) Section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225)
authorizes contracting with persons or organizations on a temporary
basis (without regard to civil service compensation and classification
standards in 5 U.S.C., Chapter 51 and Subchapter III of Chapter 53,
Provided:
(1) That no expenditures shall be made unless specifically provided
for in the applicable appropriation, and
(2) The expenditure does not exceed any limitations prescribed in the
appropriation.
(b) 7 U.S.C. 1627 authorizes the Secretary of Agriculture to contract
with technically qualified persons, firms or organizations to perform
research, inspection, classification, technical, or other special
services, without regard to the civil-service laws, Provided, it is for
a temporary basis and for a term not to exceed six months in any fiscal
year.
48 CFR 437.110 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert a clause substantially the
same as the clause at 452.237-70, Loss, Damage, Destruction of Repair,
in contracts for equipment rental, whether the equipment is furnished
with or without operator.
(b) The contracting officer shall insert a provision substantially
the same as the clause at 452.237-71, Pre-Bid/Pre-Proposal Conference,
in all solicitations if a conference with prospective offerors will be
held prior to the submittal of bids or proposals.
(c) The contracting officer shall insert a provision substantially
the same as the clause at 452.237-72, Pre-Bid/Pre-Proposal Conference
and Site Visit, in solicitations when a pre-proposal conference and site
visit will be used. Use of the provision, or one substantially the
same, is optional for construction solicitations.
(d) The contracting officer shall insert the provision at 452.237-73,
Equipment Inspection Visit, in solicitations if work is to be done on
Government equipment and an offeror's inspection is encouraged for an
understanding of the work to be performed prior to submittal of bids or
proposals.
(e) The contracting officer shall insert a clause substantially the
same as the clause at 452.237-74, Key Personnel, in contracts if
contract performance requires identification of the contractor's key
personnel.
(f) The contracting officer shall insert a clause substantially the
same as the clause at 452.237-75, Restrictions Against Disclosure, in
service contracts (including architect-engineer contracts) requiring
restrictions on release of information developed or obtained in
connection with performance of the contract.
(53 FR 6068, Feb. 29, 1988)
48 CFR 437.110 Subpart 437.2 -- Consulting Services
48 CFR 437.205 Management controls.
Contracts for consulting services are subject to the management
controls and procedures in Departmental Regulations (5000 series).
48 CFR 437.270 Solicitation and Contract clauses.
(a) The contracting officer shall insert a clause substantially the
same as the clause at 452.237-76, Progress Reporting, in all contracts
for consulting service. It may also be used in other service contracts.
(b) The contracting officer shall insert the clause at 452.237-77,
Identification of Contract Deliverables, in contracts for consulting
services that require reports.
(c) The contracting officer shall insert a clause substantially the
same as the clause at 452.237-78, Contracts with Consulting Firms for
Services, in solicitations and for consulting services which prohibit
follow-on contracts with the contracting firm.
(53 FR 6068, Feb. 29, 1988)
48 CFR 437.270 PART 438 -- (RESERVED)
48 CFR 437.270 PART 439 -- MANAGEMENT, ACQUISITION, AND USE OF INFORMATION RESOURCES
48 CFR 437.270 Subpart 439.70 -- Delegation of Acquisition Authority
Sec.
439.7001 Blanket delegations of authority.
439.7002 Special delegations of authority.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 437.270 Subpart 439.70 -- Delegation of Acquisition Authority
48 CFR 439.7001 Blanket delegations of authority.
(a) Each HCA, to whom the Director, OO, has granted a general
delegation of contracting authority, may acquire automatic data
processing (ADP) resources (as that term is defined in the Federal
Information Resources Management Regulation, FIRMR, 41 CFR Part 201-2)
up to the following blanket limitations, unless the limits have been
amended in either an HCA's general delegation or under a special
delegation. These limits are applicable to contracts which are awarded
in accordance with the policies and procedures contained in FAR Subpart
6.1, 6.2, and 6.3.
(1) ADP equipment. HCA's may acquire ADP equipment (ADPE) if the
purchase price does not exceed $250,000 or the basic monthly rental
charges (including maintenance) do not exceed $100,000 annually. An
upgrade or augmentation to existing ADPE may be acquired under blanket
authority if the cumulative purchase value of the initial ADPE plus any
features or devices to be added does not exceed $250,000.
(2) ADP services. HCA's may acquire ADP services if the contract
amount does not exceed $200,000 annually.
(3) ADP maintenance services. HCA's may acquire ADP maintenance
services if the contract amount does not exceed $100,000 annually.
(4) ADP software. HCA's may acquire commercial software if the
contract amount does not exceed $100,000 for purchase or annual rental.
(5) ADP support services. HCA's may acquire ADP support services if
the contract amount does not exceed $300,000 annually.
(6) ADP supplies. HCA's may acquire related ADP supplies in any
amount under specific purchase programs established by GSA or, absent a
GSA program, in the open market.
(7) ADP systems. HCA's may acquire ADP equipment, services,
maintenance, software, and support services in any combination via one
contract for a system configuration, if the individual limits specified
in paragraphs (a)(1), (2), (3), (4), and (5) of this section are not
exceeded.
(b) HCA's may acquire ADP resources from GSA requirements-type or
schedule contracts up to the limits set forth in FIRMR 201-23.104 and in
accordance with the procedures in FIRMR 201-32.206.
(53 FR 6068, Feb. 29, 1988; 53 FR 12748, Apr. 18, 1988)
48 CFR 439.7002 Special delegation of authority.
HCA's shall submit each prospective acquisition, which is greater
than the limits of the blanket delegations of authority set forth in
439.7001 or any other limits stipulated in the HCA's general delegation,
to the Director, OO, for a delegation of ADP contracting authority. The
Office of Operations will either conduct the acquisition or delegate
special authority to the HCA to conduct the acquisition.
(53 FR 6068, Feb. 29, 1988)
48 CFR 439.7002 PARTS 440-441 -- (RESERVED)
48 CFR 439.7002 SUBCHAPTER G -- CONTRACT MANAGEMENT
48 CFR 439.7002 PART 442 -- CONTRACT ADMINISTRATION
48 CFR 439.7002 Subpart 442.1 -- Interagency Contract Administration and
Audit Services
Sec.
442.102 Procedures.
48 CFR 439.7002 Subpart 442.7 -- Indirect Cost Rates
442.704 Billing rates.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 439.7002 Subpart 442.1 -- Interagency Contract Administration and Audit Services
48 CFR 442.102 Procedures.
(a) The Office of the Inspector General (OIG), Audit Division, has
established a cross-servicing arrangement with the Defense Contract
Audit Agency (DCAA) to provide contract audit services required by the
FAR.
(b) All contract audit services required by contracting officers
shall be coordinated through the cognizant OIG Regional Inspector
General -- Auditing (RIG-A). Cognizance is determined on the basis of
the contractor's location. The OIG will, at its discretion, perform the
audit with OIG personnel or refer the request to the DCAA if such would
be more practical due to workload considerations or the location of the
contractor. There is no charge for audit services coordinated through
OIG.
(c) In order to ensure compliance with this requirement and to
evaluate the results of audits, contracting officers shall forward to
the RIG-A copies of all price negotiation memoranda prepared for
contracts and contract modifications in excess of $500,000.
(49 FR 12129, Mar. 28, 1984, and 50 FR 14197, Apr. 10, 1985)
48 CFR 442.102 Subpart 442.7 -- Indirect Cost Rates
48 CFR 442.704 Billing rates.
The contracting officer shall insert a clause substantially the same
as the clause at 452.242-70, Estimated and Allowable Costs, in
cost-plus-fixed-fee contracts. The clause with its Alternate I is for
use in cost (no-fee) contracts. The clause with its Alternate II is for
use in cost-plus-incentive-fee contracts. The clause with its Alternate
III is for use in cost-plus-award-fee contracts.
(53 FR 6069, Feb. 29, 1988)
48 CFR 442.704 PARTS 443-444 -- (RESERVED)
48 CFR 442.704 PART 445 -- GOVERNMENT PROPERTY
48 CFR 442.704 Subpart 445.1 -- General
Sec.
445.106 Government property clauses.
48 CFR 442.704 Subpart 445.3 -- Providing Government Property to
Contractors
445.302 Providing facilities.
445.302-1 Policy.
445.302-7 Optional property-related clauses for facilities contracts.
48 CFR 442.704 Subpart 445.4 -- Contractor Use and Rental of Government
Property
445.403 Rental -- Use and Charges Clause.
445.407 Non-Government use of plant equipment.
48 CFR 442.704 Subpart 445.6 -- Reporting, Redistribution and Disposal
of Contractor Inventory
445.608 Screening of contractor inventory.
445.608-6 Waiver of screening requirements.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12129, Mar. 28, 1984, unless otherwise noted.
48 CFR 442.704 Subpart 445.1 -- General
48 CFR 445.106 Government property clauses.
The contracting officer shall insert the clause at 452.245-70,
Government-Furnished Property, in contracts in which Government property
is furnished to the contractor.
(53 FR 6069, Feb. 29, 1988)
48 CFR 445.106 Subpart 445.3 -- Providing Government Property to Contractors
48 CFR 445.302 Providing facilities.
48 CFR 445.302-1 Policy.
HCA's are authorized to make determinations for providing facilities
to a contractor as prescribed in FAR 45.302-1(a)(4).
48 CFR 445.302-7 Optional property-related clauses for facilities
contracts.
The contracting officer shall insert a clause substantially the same
as the clause at 452.245-71, Government Property-Facilities Use, in
contracts to authorize the contractor to use specified Government-owned
facilities.
(53 FR 6069, Feb. 29, 1988)
48 CFR 445.302-7 Subpart 445.4 -- Contractor Use and Rental of Government Property
48 CFR 445.403 Rental -- Use and Charges clause.
HCA's are authorized to make determinations for charging rent on the
basis of use under the Use and Charges clause in FAR 52.245-9 as
prescribed in FAR 45.403(a).
48 CFR 445.407 Non-Government use of plant equipment.
Requests for non-Government use of plant equipment as prescribed in
FAR 45.407 shall be submitted by the HCA to the Director, Office of
Operations, for approval.
48 CFR 445.407 Subpart 445.6 -- Reporting, Redistribution and Disposal of Contractor Inventory
48 CFR 445.608 Screening of contractor inventory.
48 CFR 445.608-6 Waiver of screening requirements.
Requests to waive screening requirements as prescribed in FAR
45.608-6 shall be submitted by the HCA to the Director, Office of
Operations, for approval.
48 CFR 445.608-6 PART 446 -- QUALITY ASSURANCE
48 CFR 445.608-6 Subpart 446.3 -- Contract Clauses
Sec.
446.370 Inspection and acceptance.
48 CFR 445.608-6 Subpart 446.6 -- Material Inspection and Receiving
Reports
446.601 Inspection and receiving.
446.602 Acceptance.
446.603 Inspection, acceptance, and receiving certification.
446.604 Distribution of material inspection and receiving reports.
48 CFR 445.608-6 Subpart 446.7 -- Warranties
446.704 Authority for use of warranties.
446.708 Warranties of data.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12129, Mar. 28, 1984, unless otherwise noted.
48 CFR 445.608-6 Subpart 446.3 -- Contract Clauses
48 CFR 446.370 Inspection and acceptance.
The contracting officer shall insert a clause substantially the same
as the clause at 452.246-70, Inspection and Acceptance, in contracts
where inspection and acceptance will be performed at the same location.
The clause with its Alternate I is for use when inspection and
acceptance will be performed at different locations.
(53 FR 6069, Feb. 29, 1988)
48 CFR 446.370 Subpart 446.6 -- Material Inspection and Receiving Reports
48 CFR 446.601 Inspection and receiving.
(a) The certification stated in 446.603 shall be inserted on each
commercial shipping document or packing list for supplies or services
and shall be signed by the authorized Government representative as
required by FAR 46.401(f), except for small purchases (see FAR 46.404).
(b) Form AD-838, Purchase Order, shall be used to comply with the
requirements of FAR 46.406(f) and FAR 46.404.
(c) The certification required by 446.601(a) shall be made at the
place or places specified in the contract for performance of Government
quality assurance as required by FAR 46.401(b) and as prescribed in FAR
46.402 or FAR 46.403, as appropriate.
48 CFR 446.602 Acceptance.
(a) The certification stated in 446.603 shall be inserted on each
commercial shipping document or packing list for supplies or services
and signed by the authorized Government representative as required by
FAR 46.501.
(b) The certification required by 446.602(a) shall be made at the
place or places specified in the contract for Government acceptance as
required by FAR 46.503.
(c) If the contracting officer elects to use a contractor's
certificate of conformance as allowed by FAR 46.315 under the conditions
prescribed by FAR 46.504, the certificate may be used as the basis for
Government acceptance.
(d) Form AD-838, Purchase Order, shall be used to comply with the
requirements of FAR 46.501.
48 CFR 446.603 Inspection, acceptance and receiving certification.
As prescribed in this subpart, the following certification shall be
inserted on commercial shipping documents or packing lists for supplies
or services:
The listed items or services have been: ------ inspected, ------
accepted, ------ received by me or under my supervision and they conform
to contract except as noted below or on attached documents.
Date
(Signature)
(Typed name of authorized Government representative)
48 CFR 446.604 Distribution of material inspection and receiving
reports.
Distribution of material inspection and receiving reports shall be
made in accordance with established procedures established by
contracting activities.
48 CFR 446.604 Subpart 446.7 -- Warranties
48 CFR 446.704 Authority for use of warranties.
(a) The requisitioning unit is responsible for preparing a written
recommendation to identify those acquisitions deemed appropriate for
application of warranty provisions. The recommendation shall address
the criteria set forth at FAR 46.703 to document the basis on which a
warranty is considered appropriate. The recommendation shall also
identify the specific parts, subassemblies, assemblies, systems, or
contract line items to which a warranty should apply.
(b) Before soliciting the requirement, the contracting officer shall
make a written determination, subject to approval at a level above the
contracting officer, whether to include a warranty contract clause.
(50 FR 14200, Apr. 10, 1985)
48 CFR 446.708 Warranties of data.
Warranties of data shall be developed and used only after review and
approval by OGC.
48 CFR 446.708 PART 447 -- TRANSPORTATION
48 CFR 446.708 Subpart 447.3 -- Transportation in Supply Contracts
Sec.
447.302 Place of delivery -- F.O.B. point.
447.305-10 Packing, marking, and consignment instructions.
Authority: 5 U.S.C. 30 and 40 U.S.C. 486(c).
48 CFR 446.708 Subpart 447.3 -- Transportation in Supply Contracts
48 CFR 447.302 Place of delivery -- F.O.B. point.
The contracting officer shall insert a clause substantially the same
as the clause at 452.247-70, Delivery Location, in supply contracts when
it is necessary to specify delivery locations. If appropriate, the
clause may reference an attachment which lists various delivery
locations and any other delivery details (e.g., quantities to be
delivered to each location, etc).
(53 FR 6069, Feb. 29, 1988)
48 CFR 447.305-10 Packing, marking, and consignment instructions.
(a) The contracting officer shall insert a clause substantially the
same as the clause at 452.247-71, Marking Deliverables, in solicitations
and contracts if special markings on deliverables (other than reports)
are required.
(b) The contracting officer shall insert the clause at 452.247-72,
Packing for Domestic Shipment, in contracts when item(s) will be
delivered to a continental destination for immediate use, when the
material specification or purchase description does not provide
preservation, packaging, packing and/or marking requirements and/or when
the requiring activity has not cited a specific specification for
packaging.
(c) The contracting officer shall insert the clause at 452.247-73,
Packing for Overseas Shipment, in contracts when item(s) will be
delivered to an overseas destination for immediate use, the material
specification does not specify packing levels and the required activity
has not specified such requirements.
(53 FR 6069, Feb. 29, 1988)
48 CFR 447.305-10 PART 448 -- VALUE ENGINEERING
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
48 CFR 447.305-10 Subpart 448.1 -- Policies and Procedures
48 CFR 448.102 Policies.
(a) USDA is exempt from the requirements of FAR Part 48, Value
Engineering.
(b) HCA's are encouraged to implement value engineering programs in
their contracting activities in accordance with FAR Part 48 when it has
been determined by the HCA that such implementation is in the best
interest of the Government.
(49 FR 12130, Mar. 28, 1984, and 50 FR 14197, Apr. 10, 1985)
48 CFR 448.102 PART 449 -- TERMINATION OF CONTRACTS
48 CFR 448.102 Subpart 449.1 -- General Principles
Sec.
449.106 Fraud or other criminal conduct.
449.107 Audit of prime contract settlement proposals and subcontract
settlements.
449.111 Review of proposed settlements.
48 CFR 448.102 Subpart 449.4 -- Termination for Default
449.402 Termination of fixed-price contracts for default.
449.402-3 Procedure for default.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12130, Mar. 28, 1984, unless otherwise noted.
48 CFR 448.102 Subpart 449.1 -- General Principles
48 CFR 449.106 Fraud or other criminal conduct.
(a) Whenever fraud, such as falsified documents, false statements, or
other criminal conduct related to the settlement of a terminated
contract is suspected, the contracting officer shall discontinue
negotiations and prepare a report of the facts. The report shall be
submitted by the HCA to the Inspector General along with copies of
documents or other information connected with the suspected
violation(s). Concurrently, a copy of the report shall also be
submitted to the Director, Office of Operations.
(b) Depending of the findings of the Inspector General, the HCA may
initiate suspension of debarment action as prescribed in FAR Part 9.4
and Part 490.4 of this chapter.
48 CFR 449.107 Audit of prime contract settlement proposals and
subcontract settlements.
Prime contractor settlement proposals and subcontract settlements
requiring audit review in accordance with FAR 49.107 shall be referred
to the Inspector General.
48 CFR 449.111 Review of proposed settlements.
All proposed settlement agreements shall be reviewed and approved at
a level above the contracting officer in accordance with contracting
activity procedures. Settlement agreements of $50,000 or more shall be
approved by the HCA.
48 CFR 449.111 Subpart 449.4 -- Termination for Default
449.402 Termination of fixed-price contracts for default.
48 CFR 449.402-3 Procedure for default.
(a) In addition to the requirements of FAR 49.402-3(g), the notice of
termination shall contain instructions regarding the disposition of any
Government property in the possession of the contractor (see FAR
45.508-1) and, in the case of construction contracts, such materials,
appliances, and structures as may be on the site of the construction
work. The notice shall also contain a statement concerning the
liability of the contractor or its surety for any liquidated damages
(see FAR 49.402-7).
(b) The notice of termination suggested under FAR 49.601-2 shall be
modified in accordance with (a) above.
48 CFR 449.402-3 PART 450 -- EXTRAORDINARY CONTRACTUAL ACTIONS
Sec.
450.001 Definitions.
48 CFR 449.402-3 Subpart 450.1 -- General
450.103 Deviations.
450.104 Reports.
48 CFR 449.402-3 Subpart 450.2 -- Delegation of and Limitations on
Exercise of Authority
450.201 Delegation of authority.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12130, Mar. 28, 1984, unless otherwise noted.
48 CFR 450.001 Definitions.
Approving authority, as used in this part, means the Assistant
Secretary for Administration.
48 CFR 450.001 Subpart 450.1 -- General
48 CFR 450.103 Deviations.
Requests for deviations to FAR Part 50 shall be submitted by the HCA
to the Director, Office of Operations, for approval.
48 CFR 450.104 Reports.
The Director, Office of Operations, shall prepare the report required
by FAR 50.104.
48 CFR 450.104 Subpart 450.2 -- Delegation of and Limitations on Exercise of Authority
48 CFR 450.201 Delegation of authority.
The Assistant Secretary for Administration is authorized to approve
all actions under FAR Part 50 except indemnification actions listed in
FAR 50.201(d).
48 CFR 450.201 PART 451 -- (RESERVED)
48 CFR 450.201 SUBCHAPTER H -- CLAUSES AND FORMS
48 CFR 450.201 PART 452 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
48 CFR 450.201 Pt. 452
48 CFR 450.201 Subpart 452.2 -- Texts of Provisions and Clauses
Sec.
452.204-70 Data Universal Numbering System (DUNS).
452.204-71 Inquiries.
452.207-70 Definition of ''Right of First Refusal''.
452.207-71 Report of Employment Under Commercial Activities.
452.209-70 Organizational Conflict of Interest.
452.210-70 Brand Name or Equal.
452.210-71 Statement of Work/Specifications.
452.210-72 Attachments to Statement of Work/Specifications.
452.212-70 Level of Effort -- Cost-Reimbursement Term Contract.
452.212-71 Task Orders.
452.212-72 Period of Performance.
452.212-73 Effective Period of the Contract.
452.214-70 Award by Lot.
452.215-71 Instructions for the Preparation of Technical and Business
Proposals.
452.215-72 Amendments to Proposals.
452.215-73 Submission of Proposals.
452.215-74 General Financial and Organizational Information.
452.215-75 Definition of Labor Classifications.
452.215-77 Post-Award Conference.
452.216-70 Award Fee.
452.216-71 Base Fee and Award Fee Proposal.
452.216-72 Evaluation Quantities -- Indefinite-Delivery Contract.
452.216-73 Minimum and Maximum Contract Amounts.
452.216-74 Ceiling Price.
452.216-75 Letter Contract.
452.217-70 Option to Extend the Term of the Contract --
Cost-Plus-Fixed-Fee Contract.
452.217-71 Option to Extend the Term of the Contract -- Cost-No-Fee
Contract.
452.217-72 Option to Extend the Term of the Contract --
Cost-Plus-Award-Fee Contract.
452.217-73 Option for Increased Quantity -- Cost-Plus-Fixed-Fee
Contract.
452.217-74 Option for Increased Quantity -- No-Fee Contract.
452.217-75 Option for Increased Quantity -- Cost-Plus-Award-Fee
Contract.
452.217-76 Option to Extend the Effective Period of the Contract --
Time-and-Material or Labor-Hour Contract.
452.217-77 Option to Extend the Effective Period of the Contract --
Indefinite-Delivery/Indefinite-Quantity Contract.
452.217-78 Option to Extend the Term of the Contract -- Fixed-Price
Contract.
452.217-79 Option for Increased Quantity -- Fixed-Price Contract.
452.219-70 Set-Aside/Size Standard Information.
452.222-70 Service Contract Act of 1965 -- Contracts of $2,500 or
less.
452.222-71 Service Contract Act of 1965.
452.222-72 Statement of Equivalent Rates for Federal Hires.
452.222-73 Fair Labor Standards Act and Service Contract Act -- Price
Adjustment.
452.224-70 Confidentiality of Information.
452.225-70 English Language and U.S. Currency Requirements.
452.228-70 Notice of Required Bid Guarantee.
452.228-71 Notice of Required Performance Security.
452.228-72 Notice of Required Payment Security.
452.228-73 Insurance Coverage.
452.232-70 -- 452.232-73 (Reserved)
452.232-74 Reimbursement for Bond Premiums -- Fixed-Price
Construction.
452.236-70 Additive or Deductive Items.
452.236-71 Prohibition Against the use of Lead-Based Paint.
452.236-72 Use of Premises.
452.236-73 Archeological or Historic Sites.
452.236-74 Control or Erosion, Sedimentation, and Pollution.
452.236-75 Maximum Workweek -- Construction Schedule.
452.236-76 Samples and Certificates.
452.236-77 Emergency Control.
452.236-78 Forest Service Standard Specifications for construction of
Roads and Bridges.
452.236-79 Opted Timber Sale Road Requirements.
452.237-70 Loss, Damage, Destruction or Repair.
452.237-71 Pre-Bid/Pre-Proposal Conference.
452.237-72 Pre-Bid/Pre-Proposal Conference and Site Visit.
452.237-73 Equipment Inspection Visit.
452.237-74 Key Personnel.
452.237-75 Restrictions Against Disclosure.
452.237-76 Progress Reporting.
452.227-77 Identification of Contract Deliverables.
452.227-78 Contracts with Consulting Firms for Services.
452.242-70 Estimated and Allowable Costs.
452.245-70 Government-Furnished Property.
452.245-71 Government Property -- Facilities Use.
452.246-70 Inspection and Acceptance.
452.247-70 Delivery Location.
452.247-71 Marking Deliverables.
452.247-72 Packing for Domestic Shipment.
452.247-73 Packing for Overseas Shipment.
452.252-70 List of Attachments.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486)c).
48 CFR 450.201 Subpart 452.2 -- Texts of Provisions and Clauses
Source: 53 FR 6069, Feb. 29, 1988, unless otherwise noted.
48 CFR 452.204-70 Data Universal Numbering System.
As prescribed in 404.670, insert the following provision:
(a) The offeror is requested to insert the DUNS number applicable to
the contractor's address shown on the solicitation form.
DUNS NO.
(b) If the production point (point of final assembly) is other than
the location entered on the solicitation form, or if additional
production points are involved, enter the DUNS number applicable to each
production point in the space provided below.
ITEM NO.
--
MANUFACTURER
--
PRODUCTION POINT
--
DUNS NO.
--
(c) If DUNS numbers have not been established for the contractor, or
the production point(s) shown above, a number will be assigned upon
request by Dun & Bradstreet, Allentown, Pennsylvania, phone (215)
776-4388, 89, 90 or 91.
48 CFR 452.204-71 Inquiries.
As prescribed in 404.7001, insert a provision substantially as
follows:
Inquiries and all correspondence concerning this solicitation should
be submitted in writing to the Contracting Officer. Offerors should
contact only the contracting officer issuing the solicitation about any
aspect of this requirement prior to contract award.
48 CFR 452.207-70 Definition of ''Right of First Refusal.''
As prescribed in 407.305, insert the following clause:
(a) OMB Circular A-76 provides that Contractors will give Federal
employees displaced as a result of a conversion to contract the right of
first refusal for employment on the contract in positions for which they
are qualified and for which the Contractor is hiring. The purpose of
this clause is to define the phrase ''displaced as a result of the
conversion'' so that eligibility for the right of first refusal can be
determined.
(b) It is the policy of the U.S. Department of Agriculture to extend
the right first refusal to any permanent full-time or permanent
part-time employee who, as a result of a reduction-in-force notice, is
reduced in grade or separated as a direct result of a ''conversion''
action under OMB Circular A-76. A conversion is defined as ''the
transfer of work from Government commercial or industrial activity to
performance by a private commercial source under contract.''
(c) Offers by Contractors made as a result of an employee's right of
first refusal will be subject to the terms and conditions of employment
set by the Contractor. For example, a permanent part-time employee does
not have the right to a part-time tour of duty with the Contractor.
Similarly, this policy does not afford an affected Government employee
any right to a specific job or salary. Such employment considerations
are deemed to be matters solely between the Contractor and the affected
Government employee. Employees with the right of first refusal have
only the right to an offer of a position for which they are qualified
and for which the Contractor is hiring.
(d) Employees who hold any Federal civil service appointment other
than permanent (e.g., a temporary appointment) do not have a right of
first refusal if displaced as a result of a conversion.
(e) The determination by USDA of an employee's eligibility for the
right of first refusal is appealable under the procedures provided in
Departmental Regulation (DR) 2170-1. Determinations related to the
implementation of OMB Circular A-76 are not subject to any negotiated or
agency grievance procedure. Decisions rendered under the agency
procedure are final.
(f) The Contracting Officer will provide a successful Contractor with
a listing of those employees that USDA has determined are eligible for
right of first refusal.
48 CFR 452.207-71 Report of Employment Under Commercial Activities.
As prescribed in 407.305, insert the following clause:
(a) The Contracting Officer, as soon as practicable, will provide the
Contractor with a list of the Federal employees, including social
security numbers, that will be involuntarily separated from Government
employment as a result of this contract.
(b) The Contractor agrees --
(1) To provide the Contracting Officer within five working days after
the date of transfer of the operation and maintenance responsibilities
of a Federal project to the Contractor (contract start date) with the
names and social security numbers of individuals on the list referenced
in paragraph (a) that, as of the contract start date, had accepted or
rejected offers of employment comparable to their previous employment
with the Federal Government. For those who reject the Contractor's
offer, the Contractor shall include total monetary value of the pay and
benefits offered;
(2) To provide the Contracting Officer with the names and social
security numbers of the individuals hired, within five working days of
such hiring, during the first 90 days after the contract start date, if
the Contractor hires any additional Federal employees on the list
referenced in paragraph (a) for any job within the Contractor's
organization; and
(3) To furnish the information required by this clause in a concise
and clearly detailed format.
(c) The operation of the system of records identified by this clause
is subject to the Privacy Act of 1974 (5 U.S.C. 552a) and clause
52.224-1 ''Privacy Act Notification'' and clause 52.224-2 ''Privacy
Act'' included in this contract. This clause constitutes the notice
required to invoke compliance by the Contractor with the provisions of
the notice and clause.
48 CFR 452.209-70 Organizational Conflicts of Interest.
As prescribed in 409.504, insert a clause substantially as follows:
(a) The Contractor warrants that, to the best of the Contractor's
knowledge and belief, there are no relevant facts or circumstances which
could give rise to an organizational conflict of interest, as defined in
FAR Subpart 9.5, or that the Contractor has disclosed all such relevant
information.
(b) The Contractor agrees that if an actual or potential
organizational conflict of interest is discovered after award, the
Contractor will make a full disclosure in writing to the Contracting
Officer. This disclosure shall include a description of actions which
the Contractor has taken or proposes to take, after consultation with
the Contracting Officer, to avoid, mitigate, or neutralize the actual or
potential conflict.
(c) The Government may terminate this contract for convenience, in
whole or in part, if it deems such termination necessary to avoid an
organizational conflict of interest. If the Contractor was aware of a
potential organizational conflict of interest prior to award or
discovered an actual or potential conflict after award and did not
disclose or misrepresented relevant information to the Contracting
Officer, the Government may terminate the contract for default, debar
the Contractor from Government contracting, or pursue; such other
remedies as may be permitted by law or this contract.
(d) The Contractor further agrees to insert provisions which shall
conform substantially to the language of this clause, including this
paragraph (d), in any subcontract or consultant agreement hereunder.
48 CFR 452.210-70 Brand Name or Equal.
As prescribed in 410.004, insert the following provision:
(As used in this clause, the term ''brand name'' includes
identification of products by make and model.)
(a) If items called for by this solicitation have been identified in
the schedule by a ''brand name or equal'' description, such
identification is intended to be descriptive, but not restrictive, and
is to indicate the quality and characteristics of products that will be
satisfactory. Bids offering ''equal'' products (including products of
the brand name manufacturer other than the one described by brand name)
will be considered for award if such products are clearly identified in
the bids or proposals and are determined by the Government to meet fully
the salient characteristics requirements listed in the solicitation.
(b) Unless the bidder clearly indicates in its bid that it is
offering an ''equal'' product, its bid shall be considered as offering a
brand name product referenced in the solicitation.
(c)(1) If the bidder proposes to furnish an ''equal'' product, the
brand name, if any, of the product to be furnished shall be inserted in
the space provided in the solicitation, or such product shall be
otherwise clearly identified in the bid. The evaluation of bids and the
determination as to the equality of the product offered shall be the
responsibility of the Government and will be based on information
furnished by the bidder or identified in its bid as well as other
information reasonably available to the contracting activity. Caution
to bidders: The contracting activity is not responsible for locating or
securing any information which is not identified in the bid and
reasonably available to the contracting activity. Accordingly, to
assure that sufficient information is available, the bidder must furnish
as a part of its bid all descriptive material (such as cuts,
illustrations, drawings, or other information) necessary for the
contracting activity to -- (i) Determine whether the product offered
meets the salient characteristics requirement of the solicitation, and
(ii) establish exactly what the bidder proposes to furnish and what the
Government would be binding itself to purchase by making an award. The
information furnished may include specific reference to information
previously furnished or to information otherwise available to the
contracting activity.
(2) If the bidder proposes to modify a product so as to make it
conform to the requirements of the solicitation, the bid shall include:
(i) A clear description of such proposed modifications and (ii) clearly
marked descriptive material to show the proposed modifications.
(3) Modifications proposed after bid opening to make a product
conform to a brand name product referenced in the solicitation will not
be considered.
48 CFR 452.210-71 Statement of Work/Specifications.
As prescribed in 410.011, insert a clause substantially as follows:
The Contractor shall furnish the necessary personnel, material,
equipment, services and facilities (except as otherwise specified), to
perform the Statement of Work/Specifications referenced in Section J.
48 CFR 452.210-72 Attachments to Statement of Work/Specifications.
As prescribed in 410.011, insert the following clause:
The attachments to the Statement of Work/Specifications listed in
Section J are hereby made part of this solicitation and any resultant
contract.
48 CFR 452.212-70 Level of Effort -- Cost-Reimbursement Term Contract.
As prescribed in 412.104(a)(1), insert a clause substantially as
follows:
(a) The Contractor shall perform all work and provide all required
reports within the level of effort specified below. The Government will
order * direct labor hours for the base period which represents the
Government's best estimate of the level of effort required to fulfill
these requirements.
(b) For determining level of effort hours, direct labor includes
personnel such as engineers, scientists, draftsmen, technicians,
statisticians, and programmers. Support personnel such as company
management, typists, and key punch operators will not be considered as
part of the level of effort. However, support personnel should be
charged directly to the contract if it is the Contractor's practice to
do so.
(c) If the Contractor provides less than 90 percent of the level of
effort specified for the base period or any optional period ordered, an
equitable downward adjustment of the fixed fee for that period will be
made. The Government may require the Contractor to provide additional
effort up to 110 percent of the level of effort for any period until the
estimated cost for that period has been reached. However, this
additional effort shall not result in any increase in the fixed fee.
(d) If the level of effort specified to be ordered during a given
base or option period is not ordered during that period, that level of
effort may not be accumulated and ordered during a subsequent period.
(e) These terms and conditions do not supersede the requirements of
either of the FAR clauses 52.232-20 ''Limitation of Cost'' or 52.232-22
''Limitation of Funds''.
*Contracting Officer shall insert number of estimated direct labor
hours.
Alternate I (Feb 1988). As prescribed in 412.104(a)(2), substitute a
paragraph (c) substantially as follows, when a cost or cost-sharing term
contract without fee is contemplated:
(c) The Government may require the Contractor to provide additional
effort up to 110 percent of the level of effort for any period until the
estimated cost for that period has been reached.
Alternate II (Feb 1988). As prescribed in 412.104(a)(3), substitute
a paragraph (c) substantially as follows, when a cost-plus-incentive-fee
(CPIF) term contract is contemplated:
(c) If the Contractor provides less than 90 percent of the level of
effort specified for the base period or any optional period ordered, an
equitable downward adjustment of the base fee and incentive fee for that
period will be made. The Government may require the Contractor to
provide additional effort up to 110 percent of the level of effort for
any period until the estimated cost for that period has been reached.
However, this additional effort shall not result in any increase in the
base fee and incentive fee.
Alternate III (Feb 1988). As prescribed in 412.104(a)(4), substitute
a paragraph (c) substantially as follows, when a cost-plus-award-fee
(CPAF) term contract is contemplated:
(c) If the Contractor provides less than 90 percent of the level of
effort specified for the base period or any optional period ordered, an
equitable downward adjustment of the base fee and award fee for that
period will be made. The Government may require the Contractor to
provide additional effort up to 110 percent of the level of effort for
any period until the estimated cost for that period has been reached.
However, this additional effort shall not result in any increase in the
base fee and award fee.
48 CFR 452.212-71 Task Orders.
As prescribed in 412.104(b), insert a clause substantially as follows
in cost-reimbursement term contracts when task orders are to be used.
(a) The Contractor shall perform work under this contract as
specified in written task orders issued by the Contracting Officer.
(b) Each task order will include: (1) A numerical designation, (2)
the estimate of required labor hours, (3) the period of performance and
schedule of deliverables, (4) the description of the work, and (5)
identification of the period (base, option period No. 1, etc.) to which
the task order is to be charged if the contract includes overlapping
option periods.
(c)(1) The Contractor shall acknowledge receipt of each task order by
returning to the Contracting Officer a signed copy of the task order
within ---- * ---- calendar days after its receipt. The Contractor
shall begin work immediately upon receipt of a task order.
(2) Within ---- * ---- calendar days after receipt of a task order,
the Contractor shall submit ---- ** ---- copies of a work plan to the
Contracting Officers Representative and ---- ** ---- copies to the
Contracting Officer. The work plan shall include a detailed technical
and staffing plan and detailed cost estimate.
(3) Within ---- * ---- calendar days after receipt of the work plan,
the Contracting Officer will provide written approval or disapproval of
it to the Contractor.
(4) If the Contractor has not received approval on a work plan within
---- * ---- calendar days after its submission, the Contractor shall
stop work on that task order. Also, if the Contracting Officer
disapproves a work plan, the Contractor shall stop work until the
problem causing the disapproval is resolved. In either case, the
Contractor shall resume work only when the Contracting Officer finally
approves the work plan.
(d) This clause does not change the requirements of clause 452.212-70
''Level of Effort -- Cost Reimbursement Term Contract,'' nor the
notification requirements of either of the FAR clauses 52.232-20
''Limitation of Cost'' or 52.232-22 ''Limitation of Funds''.
(e) Task orders shall not change any terms or conditions of the
contract. If any language in the work assignment may suggest a change
to the terms or conditions, the Contractor shall immediately request
clarification from the Contracting Officer.
*Contracting Officer shall insert appropriate numbers of calendar
days.
**Contracting Officer shall insert appropriate number of copies.
48 CFR 452.212-72 Period of Performance.
As prescribed in 412.104(c)(1), insert the following clause:
The period of performance of this contract is from ---- * ----
through ---- * ---- .
*Contracting Officer shall insert the appropriate dates.
48 CFR 452.212-73 Effective Period of the Contract.
As prescribed in 412.104(c)(2), insert the following clause:
The effective period of this contract is from ---- * ---- through
---- * ---- .
*Contracting Officer shall insert appropriate dates.
48 CFR 452.214-70 Award by Lot.
As prescribed in 414.201-6, insert a provision substantially as
follows:
Subject to the Section L provision entitled ''Contract Award --
Sealed Bidding,'' award will generally be made to a single bidder on
each entire lot. However, the Government reserves the right to award by
items within any lot when the Contracting Officer determines that it is
advantageous to the Government.
48 CFR 452.215-71 Instructions for the Preparation of Technical and Cost
or Pricing Proposals.
As prescribed in 415.407(a), insert a provision substantially as
follows:
(a) General Instructions. The following instructions establish the
acceptable minimum requirements for the format and content of proposals:
(1) The proposal must be prepared in two parts: a technical proposal
and a business proposal. Each of the parts shall be separate and
complete in itself so that evaluation of one may be accomplished
independently from evaluation of the other. The technical proposal must
not contain reference to cost; however, resource information (such as
data concerning labor hours and categories, materials, subcontracts,
etc.) must be contained in the technical proposal so that the
contractor's understanding of the statement of work may be evaluated.
It must disclose the contractor's technical approach in sufficient
detail to provide a clear and concise presentation that includes, but is
not limited to, the requirement of the technical proposal instructions.
(2) Offerors may, at their discretion, submit alternate proposals or
proposals which deviate from the requirement; provided, that an offeror
also submit a proposal for performance of the work as specified in the
statement of work. Any ''alternate'' proposal may be considered if
overall performance would be improved or not compromised, and if it is
in the best interest of the Government. Alternate proposals, or
deviations from any requirement of this RFP, must be clearly identified.
(3) The Government will evaluate proposals in accordance with the
evaluation criteria set forth in Section M of this RFP.
(b) Technical Proposal Instructions. (1) Proposals which merely
offer to conduct a program in accordance with the requirements of the
Government's statement of work will not be eligible for award. The
contractor must submit an explanation of its proposed technical approach
in conjunction with the tasks to be performed in achieving the project
objectives.
(2) A detailed work plan must be submitted indicating how each aspect
of the statement of work is to be accomplished. The technical approach
should be in as much detail as the offeror considers necessary to fully
explain the proposed technical approach or method. The technical
proposal should reflect a clear understanding of the nature of the work
being undertaken.
(3) The technical proposal must include information on how the
project is to be organized, staffed, and managed. Information should be
provided which will demonstrate the offeror's understanding and
management of important events or tasks. The offeror must explain how
the management and coordination of consultant and/or subcontractor
efforts will be accomplished.
(4) The technical proposal must include a list of names and proposed
duties of the professional personnel, consultants, and key subcontractor
employees assigned to the project. Their re1sume1s should be included
and should contain information on education, background, recent work
experience, and specific scientific or technical accomplishments. The
approximate percentage of time each individual will be available for
this project must be included. The proposed staff hours for each of the
above individuals should be allocated against each task or subtask for
the project.
(5) The technical proposal must provide the general background,
experience and qualifications of the organization. Similar or related
contracts, subcontracts, and/or grants should be included and/or each
contain the name of the customer, contract number, dollar amount, time
of performance, and the names and telephone numbers of the project
officer and contracting/grants officer.
(6) The technical proposal must contain a discussion of present or
proposed facilities and equipment which will be use in the performance
of the contract.
(c) Business Proposal Instructions.
(1) General Requirements. To reduce subsequent requests to offerors
for additional data in support of proposed costs, the following
information is required:
(i) Cost proposals must be submitted in accordance with FAR 15.804-6
by using Standard Form 1411, Contract Pricing Proposal Cover Sheet, and
Table 15-2, Instructions for Submission of a Contract Pricing Proposal.
(ii) The offeror shall submit separate cost or pricing data for the
following:
(A) Options to extend the term of the contract.
(B) Options specified in the proposed statement of work.
(C) Major tasks, if required by special instruction.
(2) Specific Requirements. The offeror must also submit the
following detailed information to support the proposed budget:
(i) Breakdown of direct labor cost by named person or labor category
including number of labor hours and current actual or average hourly
rates. Indicate whether current rates or escalated rates are used. If
escalation is included, state the degree (percent) and methodology.
Direct labor or levels of effort are to be identified as labor hours and
not as a percentage of an individual's time. Indicate fringe benefit
rate, if separate from the indirect cost rate.
(ii) The amount proposed for travel, subsistence and local
transportation supported with a breakdown which includes: number of
trips anticipated, cost per trip per person, destination(s) proposed,
number of person(s) scheduled for travel, mode of transportation, and
mileage allowances if privately owned vehicles will be used.
(iii) Cost breakdown of materials, equipment and other direct costs
including duplication/reproduction, meetings and conferences, postage,
communication and any other applicable items. Costs must be supported
by specific methodology utilized.
(iv) If an offeror proposes to employ the use of an Automatic Data
Processing System (ADPS), detailed data concerning proposed costs should
include the following:
(A) Make and model year of all equipment which will be used:
keypunch, verifier, sorter, collator, tabulator, central processor unit
(CPU), input-output components (I/O), etc.
(B) Estimated number of hours and usage rates for each distinct piece
of equipment proposed.
(C) Listing of rates or quotes from prospective suppliers of the
offeror.
(D) Copies of invoices submitted by past suppliers of the offeror.
(E) Listing of rates developed and/or approved by a Government agency
where offeror has in-house capability.
(v) If consultants are proposed, detailed data concerning proposed
consultant costs should include the following:
(A) Names of consultant(s) to be engaged.
(B) Daily fees to be paid to each consultant.
(C) Estimated number of days of consulting services.
(D) Consulting agreements entered into between consultant(s) and the
offeror, or invoices submitted by consultant(s) for similar services
previously provided to the offeror.
(E) Rationale for acceptance of cost.
(vi) If proposed, cost information for each subcontractor shall be
furnished in the same format and level of detail as prescribed for the
prime offeror. Additionally, the offeror shall submit the following
information:
(A) A description of the items to be furnished by the subcontractor.
(B) Identification of the proposed subcontractor and an explanation
of why and who the proposed subcontractor was selected including the
extent of competition obtained.
(C) The proposed subcontract price, the offeror's cost or price
analysis thereof, and performance/delivery schedule.
(D) Identification of the type of subcontract to be used.
(vii) Offeror shall briefly describe organization policies in the
following areas (published policies may be furnished):
(A) Salary increases to include:
(aa) Merit.
(bb) Cost of living.
(cc) General.
(B) Travel/subsistence
(C) Consultant use and terms of agreements
(viii) Offerors lacking Government approved indirect cost rates must
provide detailed background date indicating the cost elements included
in the applicable pool and a statement that such treatment is in
accordance with the established accounting practice. Offerors with
established rate agreements with Federal cognizant agencies shall submit
one copy of such agreement.
(ix) Offeror shall --
(A) Provide CPA certified balance sheet, profit/loss statement and
statement of retained earnings covering each of the offeror's last three
annual accounting periods.
(B) Specify the financial capacity, working capital and other
resources available to perform the contract without assistance from any
outside source.
(C) Provide the name, location, and intercompany pricing policy for
other divisions, subsidiaries, parent company, or affiliated companies
that will perform work or furnish materials under this contract.
(D) Provide an estimated cash flow. Each offeror is required to
submit a schedule of proposed monthly costs for the planned duration of
the project.
Alternate I (FEB 1988). As prescribed in 415.407(a)(2), insert a
provision substantially as follows:
The proposals submitted in response to this solicitation shall be
formatted as follows and furnished in the number of copies stated below.
A cover letter may accompany the proposal to set forth any information
the offeror wishes to bring to the attention of the Government. Any
exceptions or deviations to the Statement of Work or other provisions of
this solicitation must be clearly set forth in this cover letter. The
proposal shall consist of the following volumes and must include all
requested information. The resulting contract shall consist of the
following volumes and any amendments to the solicitation.
(a) Standard Form of Contract (Volume 1). This volume of the
proposal shall consist of the offer (Sections A through K).
(b)(1) Technical Proposal (Volume 2). This volume of the proposal
shall consist of the following parts which are limited to directly
responding to the information sought by the Government's Statement of
Work. Offerors are specifically cautioned that this volume must not
contain any discussion or references to price and/or cost. The
technical proposal shall include UNPRICED details of labor hours,
materials, and other direct cost elements.
(2) The technical proposal will be used in the evaluation of a firm's
capability to perform the required services. Therefore, the proposal
must present sufficient information to reflect a thorough understanding
of the work requirements and detailed practical program for achieving
the objectives of the scope of work. Proposals which merely paraphrase
the requirements of the Government's scope of work or parts thereof, or
use such phrases as ''will comply'' or ''standard techniques will be
employed'' will be consiidered non-responsive to this request for
proposal and will not be considered further. The technical proposal
must include a detailed description of the techniques and procedures to
be employed in achieving the proposed end results in compliance with the
requirements of the Government's statement of work.
Note: Offerors are hereby advised that the Government will have the
right to use, duplicate, or disclose in any manner and for any purpose
whatsoever, and have the right to permit others to do so, all subject
data required to be delivered under any contract resulting from this
solicitation. Any reservations regarding these Government rights to
data should be stated in the proposal and will be resolved during any
subsequent negotiations.
(3) The technical proposal shall be formatted and submitted as
follows:
(a)
(1)
(i)
(A)
(i) Similar Experience. List up to five (5) contracts of a nature
and complexity similar to this proposed contract that were awarded or
performed within the past five years or are currently in force. For
each contract listed, give the following information:
(A) Name, address, and telephone number of the contracting
organization, the Government's Project Officer, and Contracting Officer.
(B) Contract number, type, and dollar value.
(C) Date of contract and period of performance.
(D) Average number of technical personnel (by labor skill) involved.
(E) Percentage turnover of contract technical personnel/year.
(F) Brief description of contract work, scope, and responsibilities.
(G) Discussion of the similarities and differences between this
proposed effort and that contract.
(H) If the contract(s) cited were ''Award Fee'' contract(s), list the
ratings given during the life of the contract.
(I) If the contract(s) cited were of a cost-reimbursement nature,
describe the experiences in performing the contract at, or below, the
contract's monetary ceiling.
(ii) Key Personnel. This section shall describe the key personnel
who will be assigned to manage performance and supervise the work under
this contract. Information is required which will show each key
person's general qualifications and recent experience with similar
projects or contracts. For those key personnel who will not be assigned
fulltime to this contact, show the approximate percentage of time each
will be available for this contract.
(A) Re1sume1s are required which will indicate education, background,
recent experience, and specific pertinent accomplishments.
(B) Describe additional personnel, if any, who will be required for
full-time employment on a subcontract basis. The technical areas,
character, and extent of subcontract activity shall be stated and the
anticipated sources will be specified and qualified.
(c) Cost/Business Proposal (Volume 3). This volume shall be divided
into two major sections: Section (1), ''Business/Management Proposal''
and Section (2), Cost Proposal. These sections shall be formatted as
follows:
(1) Business/Management Proposal. This section shall consist of the
offeror's outline, addressing the business/management aspects of this
procurement, the resources the offeror will use and how the offeror will
use them. Since the Business/Management Proposal will be evaluated to
determine such matters as a contractor's potential for completing the
required work, it should be specific and complete. It must contain the
information specified below in the following general format:
(i) Cover Page -- At a minimum, the cover page must contain the
Solicitation number, summary of service to be performed, name and
address or organizational unit which would be responsible for this
operation, and date.
(ii) Table of Contents.
(iii) List of Exhibits.
(iv) Business/Management Discussion. This section shall include the
following:
(A) Financial Condition, Capability, and Corporate Utility.
(aa) Furnish financial statements for the last three years, including
an interim statement for the current year, unless previously provided to
the office issuing the RFP, in which case a statement as to when and
where this information was provided may be furnished instead.
(bb) State what percentage this proposed contract will represent of
the offeror's estimated total business during the period of performance
(e.g. offeror may state ''less than 25 percent'' if such is the case).
(cc) State the distribution of the last complete fiscal year's sales
and volumes between commerical business, Government prime contracts, and
subcontracts under Government prime contracts.
(B) Suitability of Business Management Organization and Controls.
Furnish a brief narrative of the proposing entity (corporate or
management unit with primary responsibility for the overall effort)
including the following:
(aa) The offeror must demonstrate the ability to implement Government
procurement and subcontracting administrative procedures dealing with
programs having a similar scope and magnitude and the ability to
excercise Government accounting, property, inventory, and cash
management procedures dealing with programs having a similar scope and
magnitude.
(bb) Describe the means by which the financial reporting required in
the resultant contract will be accomplished. Discuss the adequacy and
adaptability of the proposed reporting system and detail the flow of
cost and manpower information through the accounting system into the
final report format. The approving authority for each report should be
designated and should be responsible for both accuracy and timeliness of
reports. Cost and manpower reporting shall be furnished from the same
data base and time span.
(cc) Describe any management procedures or systems developed
expressly for this proposed contract and provide the rationale thereof.
(dd) Have all contractor systems, such as accounting, purchasing,
estimating, etc., which require Government approval been approved
without condition? If not, explain any existing conditional approvals
and the status of any for which approval is currently withheld.
(C) Priority placed by the Corporate Level of the Offeror on the work
being proposed. Demonstrate the amount of corporate commitment.
Describe what level of home/corporate support can be expected during the
performance of any resultant contract. Indicate at what level of
offeror's structure this support will be provided.
(D) Contract History. For those contracts listed in the technical
proposal (volume 2), provide the following:
(aa) Contracting organization name, address and phone number of the
Technical Officer and of the Contracting Officer.
(bb) Contract number, contract type, and total value.
(cc) Date of contract and period of performance.
(dd) Average number of technical personnel (by labor skill) involved.
(ee) Percentage turnover of contract technical personnel/year.
(ff) Brief description of contract work scope and responsibilities.
(gg) Method of acquiring the contract -- noncompetitively or
competitively. If competitively, comment as the basis of competitive
award (price, delivery schedule, technical merit, etc.).
(hh) Nature of the award -- initial award or a follow-on to an
existing contract. If an initial award, indicate whether the award was
preceded by a Government or customer financed study or by the offeror's
financed study.
(ii) Average percentage of available award fee earned on each
cost-plus-award-fee contract.
(jj) Description of firm's experience in performing the contract at,
or below, the contracts, monetary ceilings. In addition, the offeror
must list any contract(s) terminated (partial or complete) within the
past five (5) years and include the contract number, name, address, and
telephone of the terminating officer. The offeror must describe its
ability to estimate programs and monitor costs and expenditures in an
orderly manner in sufficient depth to accomplish management goals and
ensure cost and budgetary controls.
(E) Compliance with Equal Employment Opportunity Requirements. The
offeror's proposal should discuss company policy and practices in regard
to compliance with the solicitation's provisions entitled ''Equal
Opportunity.'' Indicate what positive efforts your company will take to
implement the concepts of equal employment under the proposed contract.
(F) Extent of Proposed Small Business and Minority Enterprise
Participation in Subcontract Requirement. Any goals the contractor has
set in the past five (5) years and his actual performance against these
goals.
(G) Summary of Deviations/Exceptions in the Business Management
Proposal. The offeror will explain any deviations, exceptions, or
conditional assumptions taken with respect to the information requested
in this Business/Management Proposal. Any exceptions taken must carry
sufficient amplification and justification to permit evaluation. Such
exceptions will not, of themselves, automatically cause a proposal to be
termed unacceptable. A large number of exceptions, or one or more
significant exceptions not providing any obvious benefit to the
Government, may however, result in rejection of the proposal.
(2) Cost Proposal.
(i) General. This section shall consist of the offeror's costs to
perform the work outlined in the Statement of Work. Cost proposals must
be fully supported by cost and pricing data adequate to establish
reasonableness of the proposed amount using the Standard Form 1411,
Contract Pricing Proposal. The offeror shall furnish a cost breakdown
with supporting data, including a breakdown of direct labor cost
estimates by major functional areas including numbers of person-hours
and applicable actual average hourly rates.
(ii) Realism in Request for Proposals. An offeror's proposal is
presumed to represent his best efforts to respond to the solicitation.
Any inconsistency, whether real or apparent, between promised
performance, and cost or price, should be explained in the proposal.
For example, if the intended use of new and innovative production
techniques is the basis for an abnormally low estimate, the nature of
these techniques and their impact on cost or price should be explained;
or, if a corporate policy decision has been made to absorb a portion of
the estimated cost, that should be stated in the proposal. Any
significant inconsistency, if unexplained, raises a fundamental issue of
the offeror's understanding of the nature and scope of the work required
and of his financial ability to perform the contract, and may be grounds
for redjection of the proposal, subject to the requirements for
discussions to be held with those offerors in the competitive range
pursuant to the Federal Acquisition Regulation. The burden of proof as
to cost credibility rests with the offeror.
(iii) Contents. In addition to providing information to support
costs as explained below, full supporting schedules must be provided as
exhibits to the SF1411 to explain all elements of proposed costs.
(A) Phase-in Period. A fully executed Standard Form 1411 covering
the initial phase-in period shall be furnished. All costs associated
with this period of performance shall be fully documented and justified.
A narrative explanation of all anticipated costs, and the distribution
and placement of personnel and other resources shall be included.
(B) Initial Period. A fully executed Standard Form 1411 covering the
initial period of performance (as defined in the Schedule) shall be
furnished. All projected costs associated with the period shall be
fully documented and justified. Costs associated with the direct labor
shall be justified with accompanying documentation showing the
functional and organizational distribution of the contractor's
resources.
(C) First Optional Period of Performance. A fully executed Standard
Form 1411 covering the First Optional Period of Performance (as defined
in the Schedule) shall be furnished in the same detail as required for
the Initial Period of Performance.
(D) Second Optional Period of Performance. A fully executed Standard
Form 1411 covering the Second Optional Period of Performance (as defined
in the Schedule) shall be furnished in the same detail as required for
the Initial Period of Performance. The offeror shall explain the basis
and rationale for any escalation factors applied to this period.
(E) Third Optional Period of Performance. A fully executed Standard
Form 1411 covering the Third Optional Period of Performance (as defined
in the Schedule) shall be furnished in the same detail as required for
the Initial Period of Performance. The offeror shall explain the basis
and rationale for any escalation factors applied to this period.
(F) Fourth Optional Period of Performance. A fully executed Standard
Form 1411 covering the Fourth Optional Period of Performance (as defined
in the Schedule) shall be furnished in the same detail as required for
the Initial Period of Performance. The offeror shall explain the basis
and rationale for any escalation factors applied to this period.
(iv) Overhead and G&A. This section will explain the basis for any
corporate labor overhead and general and administrative (G&A) charges
anticipated. The data shall be prepared for each of the offeror's two
previously completed fiscal years and the current fiscal year. Offerors
must provide detailed background data indicating the cost elements
included in the overhead, G&A, or indirect pool, and a statement that
such treatment is in accordance with its established accounting practice
and represents an equitable distribution.
(v) Proposed Ceilings on Overhead and G&A. The offeror shall list in
this section of the cost proposal its proposed ceiling for overhead and
G&A. A statement will be required for any deficiencies between the
proposed ceiling rate(s) and those used for forward pricing purposes.
48 CFR 452.215-72 Amendments to Proposals.
As prescribed in 415.407(b), insert the following provision:
Any changes to a proposal made by the offeror after its initial
submittal shall be accomplished by replacement pages. Changes from the
original page shall be indicated on the outside margin by vertical lines
adjacent to the change. The offeror shall include the date of the
amendment on the lower right corner of the changed pages.
48 CFR 452.215-73 Submission of Proposals.
As prescribed in 415.407(c), insert a provision substantially as
follows:
All proposals shall be submitted in the formats and quantities
specified below:
(a) Standard Form 33 -- one (1) original and ---- * ---- copies
(b) Technical Proposal -- ---- * ---- copies
(c) Cost/Price Proposal -- ---- * ---- copies
*Contracting Officer shall insert number for required copies.
48 CFR 452.215-74 General Financial and Organizational Information.
As prescribed in 415.407(d), insert a provision substantially as
follows:
Offerors are requested to provide information regarding the following
items in sufficient detail to allow a full and complete business
evaluation. If the question indicated is not applicable or the answer
is none, it should be annotated. If the offeror has previously
submitted the information, it should certify the validity of that data
currently on file at USDA or update all outdated information on file.
(a) Offeror's Name:
(b) Address (If financial records are maintained at some other
location, show the address of the place where the records are kept):
-- (c) Telephone Number:
(d) Individual(s) to contact
regarding this proposal:
(e) Cognizant Government Audit Agency:
--
Address:
Auditor:
(f) Work Distribution for Last Completed Fiscal Accounting Period.
(1) Sales:
Government cost-reimbursement type prime contracts and subcontracts:
$ ------------
Government fixed-price prime
contracts and subcontracts: $
Commercial Sales: $
Total Sales: $
(2) Total Sales for offeror's first and second fiscal years
immediately preceding last completed fiscal year.
Total Sales for First Preceding
Fiscal Year: $
Total Sales for Second Preceding
Fiscal Year: $
(g) Is company a separate entity, divisions, or subsidiary
corporation?
Yes ------------ No ------------
If yes, name the parent company:
-- (h) Date Company Organized:
(i) Staffing:
(1) Total Employees: (2) Direct: (3) Indirect: (4) Standard
Work Week (Hours): (j) Commercial Projects:
(k) Attach a current organizational chart of the company.
(l) Estimating System.
(1) Description of offeror's system of estimating and accumulating
costs under Government contracts. (Check appropriate blocks.)
(2) Has the offeror's cost estimating system been approved by a
Government Agency?
Yes ------------ No ------------
If yes, give name and address of the agency:
--
(3) Has the offeror's cost accumulation system been approved by any
Government agency?
Yes ------------ No ------------
If yes, give name and address of the agency:
--
(m) What is the offeror's fiscal year period? (Give starting month
and ending month):
--
What were the indirect cost rates for the last completed fiscal year?
(n) Have the proposed indirect cost rate(s) been evaluated and
accepted by any Government agency?
Yes ------------ No ------------
If yes, give name and address of the agency:
--
Date of last pre-award audit review
by a Government agency:
(If the answer is no, data supporting the proposed rates must
accompany the cost or price proposal. A breakdown of the items
comprising overhead and G&A must be furnished.)
(o) Cost estimating is performed by:
Accounting Department
Contracting Department
Other (describe)
(p) Has system of control of Government property been approved by a
Government agency?
Yes ------------ No ------------
If yes, give name and address of the agency:
--
(q) Purchasing Procedures:
Are purchasing procedures written?
Yes ------------ No ------------
Has the purchasing system been approved by a Government agency?
Yes ------------ No ------------
If yes, give name and address of the agency:
--
(r) Does the offeror have an established written incentive
compensation or bonus plan?
Yes ------------ No ------------
48 CFR 452.215-75 Definition of Labor Classifications.
As prescribed in 415.407(e), insert a provision substantially as
follows:
Offerors shall use the following labor classifications in preparing
their technical and cost proposals.
(a) Definition of labor classifications. The direct labor hours
appearing below are for professionals and technicians only. These hours
do not include management at a level higher than the project management
and clerical support staff at a level lower than technician. If it is
the contractor's normal practice to charge these types of personnel as a
direct cost, the proposal must include them along with an estimate of
the directly chargeable staff-hours for these personnel. If this type
of effort is normally included in indirect cost allocations, no estimate
is required. However, direct charging of indirect costs on any
resulting contract will not be allowed. Additionally, the hours below
are the workable hours required by the Government and do not include
release time (i.e., holiday, vacation, etc.).
(b) Distribution of level of effort. Proposals must utilize the
labor categories and distribution of the level of effort specified
below:
(c) When identifying individuals assigned to the project, the
proposal must specify in which of the above categories the identified
individual belongs. If the contractor proposes an average rate for a
company classification, the proposal must identify the professional or
technical level within which each company category falls.
(d) The proposal shall also include Standard Forms 1411 for each of
the following:
(1) A summary proposal for the total contract period
(2) For each contract period:
(i) A summary proposal
(ii) A proposal for the basic quantity
(iii) A proposal of ------ hours for the option quantity
48 CFR 452.215-76 Postaward Conference.
As prescribed in 415.1070, insert a clause substantially as follows:
A post award conference with the successful offeror is required. It
will be scheduled and held within 15 days after the date of contract
award. The conference will be held at: ---- * ---- .
*Contracting Officer shall insert appropriate address.
48 CFR 452.216-70 Award Fee.
As prescribed in 416.405, insert a clause substantially as follows:
The amount of award fee the Contractor earns, if any, is based on a
subjective evaluation by the Government of the quality of the
Contractor's performance in accordance with the award fee plan. The
Government will determine the amount of award fee every ---- * ----
months beginning with ---- ** ---- . The Fee Determination Official
(FDO) will unilaterally determine the amount of award fee. The FDO's
determination will be in writing to the Contractor and is not subject to
the ''Disputes'' clause. The Government may unilaterally change the
award fee plan at any time and will provide such changes in writing to
the Contractor prior to the beginning of the applicable evaluation
period. The Contractor may submit a voucher for the earned award fee.
Available award fee not earned during one period does not carry over to
subsequent periods.
*Contracting Officer shall insert appropriate number of months.
**Contracting Officer shall insert appropriate date.
48 CFR 452.216-71 Base Fee and Award Fee Proposal.
As prescribed in 416.405, insert the following provision:
For the purpose of this solicitation, offerors shall propose a base
fee of ---- * ---- percent of the total estimated cost proposed. The
award fee shall not exceed ---- * ---- percent of the total estimated
cost.
*Contracting Officer shall insert appropriate percentages.
48 CFR 452.216-72 Evaluation Quantities -- Indefinite Delivery Contract.
As prescribed in 416.505, (a), insert a provision substantially as
follows:
To evaluate offers for award purposes, the Government will apply the
offeror's proposed fixed-prices/rates to the estimated quantities
included in the solicitation, and will add other direct costs if
applicable.
48 CFR 452.216-73 Minimum and Maximum Contract Amounts.
As prescribed in 416.505(b), insert the following clause:
During the period specified in FAR clause 52.216-18, ORDERING, the
Government shall place orders totalling a minimum of ---- * ---- , but
not in excess of ---- * ---- .
*Contracting Officer shall insert appropriate quantity or dollar
amounts.
48 CFR 452.216-74 Ceiling Price.
As prescribed in 416.670, insert the following clause:
The ceiling price of this contract is $ ---- * ---- . The Contractor
shall not make expenditures or incur obligations in the performance of
this contract which exceed the ceiling price specified herein, except at
the Contractor's own risk.
*Contracting Officer shall insert appropriate dollar amount.
48 CFR 452.216-75 Letter Contract.
As prescribed in 416.603-4, insert the following clause:
This contract replaces letter contract No. ---- * ---- dated ---- *
---- and all amendments thereto.
*Contracting Officer shall insert number and date.
48 CFR 452.217-70 Option To Extend the Term of the Contract --
Cost-Plus-Fixed-Fee Contract.
As prescribed in 417.208(a), insert a clause substantially as
follows:
(a) The Government has the option to extend the term of this contract
for the additional period(s) indicated in paragraph (b)(1) of this
clause. If more than 60 days remain in the contract period of
performance, the Government, without prior written notification, may
exercise this option by issuing a contract modification. To exercise
this option within the last 60 days of the period of performance, the
Government must provide to the Contractor written notification prior to
that last 60-day period. This preliminary notification does not commit
the Government to exercising the option.
(b) Exercise of an option will result in the following contract
modifications:
(1) The ''Period of Performance'' clause (452.212-73) is modified for
each respective option period as follows:
(2) Paragraph (a) of the ''Level of Effort'' clause (452.212-70) is
modified to reflect new and separate level(s) of effort for each
respective option period as follows:
(3) The ''Estimated and Allowable Cost'' clause (452.242-70) is
modified to reflect increased estimated costs and fixed-fees for each
respective option period as follows:
(4) If this contract contains ''not to exceed amounts'' for elements
of other direct costs (ODC), those amounts are increased as follows:
Alternate I (Feb 1988). As prescribed in 417.208(a), substitute a
paragraph (b)(2) substantially as follows:
(2) During the option period(s) the Contractor shall provide the
services described below:
48 CFR 452.217-71 Option to Extend the Term of the Contract --
Cost-No-Fee Contract.
As prescribed in 417.208(b), insert a clause substantially as
follows:
(a) The Government has the option to extend the term of this contract
for ---- * ---- additional period(s). If more than 60 days remain in
the contract period of performance, the Government, without prior
written notification, may exercise this option by issuing a contract
modification. To exercise this option within the last 60 days of the
period of performance, the Government must provide to the Contractor
written notification prior to that last 60-day period. This prelimiary
notification does not commit the Government to exercising the option.
(b) Exercise of an option will result in the following contract
modifications:
(1) The ''Period of Performance'' clause (452.212-73) is modified for
each respective option period as follows:
(2) Paragraph (a) of the ''Level of Effort'' clause (452.212-70) is
modified to reflect new and separate level(s) of effort for the
respective option periods as follows:
(3) The ''Estimated and Allowable Cost'' clause (452.242-70) is
modified to reflect increased estimated costs for the respective option
periods as follows:
(4) If this contract contains ''not to exceed amounts'' for elements
of other direct costs (ODC), those amounts are increased as follows:
Alternate I (Feb 1988). As prescribed in 417.208(b) insert a
paragraph (b)(2) substantially as follows:
(2) During the option period(s) the Contractor shall provide the
services described below:
48 CFR 452.217-72 Option To Extend the Term of the Contract --
Cost-Plus-Award-Free Contract.
As prescribed in 417.208(c), insert a clause substantially as
follows:
(a) The Government has the option to extend the term of this contract
for ---- * ---- additional periods. If more than 60 days remain in the
contract period of performance, the Government, without prior written
notification, may exercise this option by issuing a contract
modification. To exercise this option within the last 60 days of the
period of performance, the Government must provide to the Contractor
written notification prior to that last 60-day period. This preliminary
notification does not commit the Government to exercising the option.
(b) Exercise of an option will result in the following contact
modifications:
(1) The ''Period of Performance'' clause (452.212-73) is modified for
each respective option period as follows:
(2) Paragraph (a) of the ''Level of Effort'' clause (452.212-70) is
modified to reflect new and separate level(s) of effort for each
respective option period as follows:
(3) The ''Estimated and Allowable Cost'' clause (452.242-70) is
modified to reflect increased estimated costs and base fee and award fee
pool for each respective option period as follows:
(4) If this contract contains ''not to exceed amounts'' for elements
of other direct costs (ODC), those amounts are increased as follows:
Alternate I (Feb 1988). As prescribed in 417.208(c), substitute a
paragraph (b)(2) substantially as follows:
(2) During the option period(s) the Contractor shall provide the
services described below:
48 CFR 452.217-73 Option for Increased Quantity -- Cost-Plus-Fixed-Fee
Contract.
As prescribed in 417.208(d), insert a clause substantially as
follows:
(a) By issuing a contract modification exercising the option, the
Government may increase the estimated level of effort by:
(b) The Government may issue a maximum of ---- * ---- orders to
increase the level of effort in blocks of ---- * ---- hours during any
given period.
(c) The estimated cost of each block of hours is as follows:
(d) When these options are exercised, paragraph (a) of the ''Level of
Effort'' clause (452.212-70) and the ''Estimated and Allowable Cost''
clause (452.242-70) will be modified accordingly.
*Contracting Officer shall insert appropriate quantities as well as
amounts of hours and dollars.
48 CFR 452.217-74 Option for Increased Quantity -- Cost-No-Fee Contract.
As prescribed in 417.208(e), insert a clause substantially as
follows:
(a) By issuing a contract modification exercising the option, the
Government may increase the estimated level of effort by:
(b) The Government may issue a maximum of ---- * ---- orders to
increase the level of effort in blocks of ---- * ---- hours during any
given period.
(c) The estimated cost of each block of hours is as follows:
(d) When these options are exercised, paragraph (a) of the ''Level of
Effort'' clause (452.212-70) and the ''Estimated and Allowable Cost''
clause (452.242-70) will be modified accordingly.
*Contracting Officer shall insert appropriate quantities as well as
amounts for hours and dollars.
48 CFR 452.217-75 Option for Increased Quantity -- Cost-Plus-Award-Fee
Contract.
As prescribed in 417.208(f), insert a clause substantially as
follows:
(a) By issuing a contract modification exercising the option, the
Government may increase the estimated level of effort by:
(b) The Government may issue a maximum of ---- * ---- orders to
increase the level of effort in blocks of ---- * ---- hours during any
given period. The estimated cost, base fee, and award fee pool of each
block of hours is as follows:
(c) The estimated cost, base fee, and award fee pool of each block of
hours is as follows:
(d) When these options are exercised, paragraph (a) of the ''Level of
Effort'' clause (452.212-70) and the ''Estimated and Allowable Cost''
(452.242-70) clause will be modified accordingly.
*Contracting Officer shall insert appropriate quantities as well as
amounts for hours and dollars.
48 CFR 452.217-76 Option to Extend the Effective Period of the Contract
-- Time-and-Materials or Labor-Hour Contract.
As prescribed in 417.208(g), insert a clause substantially as
follows:
(a) The Government has the option to extend the effective period of
this contract for ---- * ---- additional period(s). If more than 60
days remain in the contract effective period, the Government, without
prior written notification, may exercise this option by issuing a
contract modification. To unilaterally exercise this option within the
last 60 days of the effective period, the Government must issue written
notification of its intent to exercise the option prior to that last
60-day period. This preliminary notification does not commit the
Government to exercise the option.
(b) Exercise of an option will result in the following modifications:
(1) The ''Ceiling Price'' clause (452.216-75) is modified to reflect
new and separate ceiling prices for each respective option period as
follows:
(2) The ''Effective Period of the Contract'' clause (452.212-73) is
modified for each respective option period as follows:
48 CFR 452.217-77 Option to Extend the Effective Period of the Contract
-- Indefinite-Delivery/Indefinite-Quantity Contract.
As prescribed in 417.208(h), insert a clause substantially as
follows:
(a) The Government has the option to extend the effective period of
this contract for ---- * ---- additional period(s). If more than 60
days remain in the contract effective period, the Government, without
prior written notification, may exercise this option by issuing a
contract modification. To unilaterally exercise this option within the
last 60 days of the effective period, the Government must issue written
notification of its intent to exercise the option prior to that last
60-day period. This preliminary notification does not commit the
Government to exercising the option.
(b) Exercise of an option will result in the following modifications:
(1) The ''Minimum and Maximum Contract Amount'' Clause (452.216-75)
is modified to reflect new and separate maximum amounts as follows:
(2) The ''Effective Period of the Contract'' Clause (452.212-73) will
be modified as follows:
48 CFR 452.217-78 Option to Extend the Term of the Contract --
Fixed-Price Contract.
As prescribed in 417.208(i), insert a clause substantially as
follows:
(a) The Government has the option to extend the term of this contract
for ---- * ---- additional period(s). If more than 60 days remain in
the contract period of performance, the Government, without prior
written notification, may exercise this option by issuing a contract
modification. To exercise this option within the last 60 days of the
period of performance, the Government must provide to the Contractor
written notification prior to that last 60-day period. This preliminary
notification does not commit the Government to exercising the option.
(b) Exercise of an option will result in the following contract
modifications:
The ''Period of Performance'' clause will be modified as follows:
48 CFR 452.217-79 Option for Increased Quantity -- Fixed-Price Contract.
As prescribed in 417.208(j), insert a clause substantially as
follows:
(a) The Government may increase the quantity of work called for under
this contract as follows:
Optional Items ---- * ----
Quantity ---- * ----
Unit Price ---- * ----
Delivery Date ---- * ----
(b) The Contracting Officer may exercise an option by written notice
to the Contractor within the following time periods:
Optional Items ---- * ----
Time Period for Exercising Option * ----
*Contracting Officer shall insert appropriate data in paragraphs (a)
and (b).
48 CFR 452.219-70 Set-Aside/Size Standard Information.
As prescribed in 419.304, insert the following provision:
This solicitation includes the following set-aside and/or size
standard criteria:
(a) Percent of the set-aside ---- * ----
(b) Type of set-aside ---- * ----
(c) Small business size standard or other criteria ---- * ----
(d) Standard Industrial Classification (SIC) Code ---- * ----
*Contracting Officer shall insert appropriate data.
48 CFR 452.222-70 Service Contract Act of 1965 -- contracts of $2,500 or
less.
As prescribed in 422.7002, insert the following clause:
Except to the extent that an exemption, variation, or tolerance would
apply if this contract were in excess of $2,500, the contractor and any
subcontractor shall pay all employees working on the contract not less
than the minimum wage specified under section 6(a)(1) of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 201-206). Regulations and
interpretations of the Service Contract Act of 1965 are contained in 29
CFR Part 4.
48 CFR 452.222-71 Service Contract Act of 1965.
As prescribed in 422.200, insert the following clause:
(a) Definitions. ''Act,'' as used in this clause, means the Service
Contract Act of 1965, as amended (41 U.S.C. 351 et seq).
''Contractor,'' as used in this clause in any subcontract, shall be
deemed to refer to the subcontractor, except in the term ''Government
Prime Contractor.''
''Service employee,'' as used in this clause, means any person
engaged in the performance of this contract other than any person
employed in a bona fide executive, administrative, or professional
capacity, as these terms are defined in Part 541 of Title 29, Code of
Federal Regulations, as revised. It includes all such persons
regardless of any contractual relationship that may be alleged to exist
between a Contractor or subcontractor and such persons.
(b) Applicability. This contract is subject to the following
provisions and to all other applicable provisions of the Act and
regulations of the Secretary of Labor (29 CFR Part 4). This clause does
not apply to contracts or subcontracts administratively exempted by the
Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in
Subpart C of 29 CFR Part 4.
(c) Compensation. (1) Each service employee employed in the
performance of this contract by the Contractor or any subcontractor
shall be paid not less than the minimum monetary wages and shall be
furnished fringe benefits in accordance with the wages and fringe
benefits determined by the Secretary of Labor, or authorized
representative, as specified in any wage determination attached to this
contract.
(2)(i) If a wage determination is attached to this contract, the
Contractor shall classify any class of service employee which is not
listed therein and which is to be employed under the contract (i.e., the
work to be performed is not performed by any classification listed in
the wage determination) so as to provide a reasonable relationship
(i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage
determination. Such conformed class of employees shall be paid the
monetary wages and furnished the fringe benefits as are determined
pursuant to the procedures in this paragraph (c).
(ii) This conforming procedure shall be initiated by the Contractor
prior to the performance of contract work by the unlisted class of
employee. The contractor shall submit a report of the proposed
conforming action including information whether the authorized
representative of the employees or nonrepresented employees on their own
behalf agree with the action proposed, to the Contracting Officer no
later than 30 days after the unlisted class of employee performs any
contract work. The Contracting Officer shall review the proposed
classification and rate and promptly submit the Contractor's conforming
action report and all other pertinent information to the Wage and Hour
Division, Employment Standards Administration, U.S. Department of
Labor. The Wage and Hour Division will approve, modify, or disapprove
the action or render a final determination in the event of disagreement
within 30 days of receipt or will notify the Contracting Officer within
30 days of receipt that additional time is necessary.
(iii) The final determination of the conformance action by the Wage
and Hour Division shall be transmitted to the Contracting Officer who
shall promptly notify the Contractor of the action taken. Each affected
employee shall be furnished by the Contractor with a written copy of
such determination or it shall be posted as a part of the wage
determination.
(iv)(A) The process of establishing wage and fringe benefit rates
that bear a reasonable relationship to those listed in a wage
determination cannot be reduced to any single formula. The approach
used may vary from wage determination to wage determination depending on
the circumstances. Standard wage and salary administration practices
which rank various job classifications by pay grade pursuant to point
schemes or other job factors may, for example, be relied upon. Guidance
may also be obtained from the way different jobs are rated under Federal
pay systems (Federal Wage Board Pay System and the General Schedule) or
from other wage determinations issued in the same locality. Basic to
the establishment of any conformable wage rate(s) is the concept that a
pay relationship should be maintained between job classifications based
on the skill required and the duties performed.
(B) In the case of a contract modification, an exercise of an option,
or extension of an existing contract, or in any other case where a
Contractor succeeds a contract under which the classification in
question was previously conformed pursuant to paragraph (c) of this
clause, a new conformed wage rate and fringe benefits may be assigned to
the conformed classification by indexing (i.e., adjusting) the previous
conformed rate and fringe benefits by an amount equal to the average
(mean) percentage increase (or decrease, where appropriate) between the
wages and fringe benefits specified for all classifications to be used
on the contract which are listed in the current wage determination, and
those specified for the corresponding classifications in the previously
applicable wage determination. Where conforming actions are
accomplished in accordance with this paragraph prior to the performance
of contract work by the unlisted class of employees, the Contractor
shall advise the Contracting Officer of the action taken but the other
procedures in subparagraph (c)(2)(ii) of this clause need not be
followed.
(C) No employee engaged in performing work on this contract shall in
any event be paid less than the currently applicable minimum wage
specified under section 6(a)(1) of the Fair Labor Standards Act of 1938,
as amended.
(v) The wage rate and fringe benefits finally determined under this
subparagraph (c)(2) of this clause shall be paid to all employees
performing in the classification from the first day on which contract
work is performed by them in the classification. Failure to pay the
unlisted employees the compensation agreed upon by the interested
parties and/or finally determined by the Wage and Hour Division
retroactive to the date such class of employees commenced contract work
shall be a violation of the Act and this contract.
(vi) Upon discovery of failure to comply with subparagraph (c)(2),
the Wage and Hour Division shall make a final determination of conformed
classification, wage rate, and/or fringe benefits which shall be
retroactive to the date such class or classes of employees commenced
contract work.
(3) Adjustment of Compensation. If the term of this contract is more
than 1 year, the minimum monetary wages and fringe benefits required to
be paid or furnished thereunder to service employees under this contract
shall be subject to adjustment after 1 year and not less often than once
every 2 years, under wage determinations issued by the Wage and Hour
Division.
(d) Obligation to Furnish Fringe Benefits. The Contractor or
subcontractor may discharge the obligation to furnish fringe benefits
specified in the attachment or determined under subparagraph (c)(2)
above by furnishing equivalent combinations of bona fide fringe
benefits, or by making equivalent or differential cash payments, only in
accordance with Subpart D of 29 CFR Part 4.
(e) Minimum Wage. In the absence of a minimum wage attachment for
this contract, neither the Contractor nor any subcontractor under this
contract shall pay any person performing work under this contract
(regardless of whether the person is a service employee) less than the
minimum wage specified by section 6(a)(1) of the Fair Labor Standards
Act of 1938. Nothing in this clause shall relieve the Contractor or any
subcontractor of any other obligation under law or contract for payment
of a higher wage to any employee.
(f) Successor Contracts. If this contract succeeds a contract
subject to the Act under which substantially the same services were
furnished in the same locality and service employees were paid wages and
fringe benefits provided for in a collective-bargaining agreement, in
the absence of the minimum wage attachment for this contract setting
forth such collectively bargained wage rates and fringe benefits,
neither the Contractor nor any subcontractor under this contract shall
pay any service employee performing any of the contract work (regardless
of whether or not such employee was employed under the predecessor
contract), less than the wages and fringe benefits provided for in such
collective bargaining agreement, to which such employee would have been
entitled if employed under the predecessor contract, including accrued
wages and fringe benefits and any prospective increases in wages and
fringe benefits provided for under such agreement. No Contractor or
subcontractor under this contract may be relieved of the foregoing
obligation unless the limitations of 29 CFR 4.10 apply or unless the
Secretary of Labor or his authorized representative finds, after a
hearing as provided in 29 CFR 4.10, that the wages and/or fringe
benefits provided for in such agreement are substantially at variance
with those which prevail for services of a character similar in the
locality, or determines, as provided in 29 CFR 4.11, that the collective
bargaining agreement applicable to service employees employed under the
predecessor contract was not entered into as a result of arm's length
negotiations. Where it is found in accordance with the review
procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that
some or all of the wages and/or fringe benefits contained in a
predecessor Contractor's collective bargaining agreement are
substantially at variance with those which prevail for services of a
character similar in the locality, and/or that the collective bargaining
agreement applicable to service employees employed under the predecessor
contract was not entered into as a result of arm's length negotiations,
the Department will issue a new or revised wage determination setting
forth the applicable wage rates and fringe benefits. Such determination
shall be made part of the contract or subcontract, in accordance with
the decision of the Administrator, the Administrative Law Judge, or the
Board of Service Contract Appeals, as the case may be, irrespective of
whether such issuance occurs prior to or after the award of a contract
or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage
determination issued solely as a result of a finding or substantial
variance, such determination shall be effective as of the date of the
final administrative decision.
(g) Notification to Employees. The Contractor and any subcontractor
under this contract shall notify each service employee commencing work
on this contract of the minimum monetary wage and any fringe benefits
required to be paid pursuant to this contract, or shall post the wage
determination attached to this contract. The poster provided by the
Department of Labor (Publication WH 1313) shall be posted in a prominent
and accessible place at the worksite. Failure to comply with this
requirement is a violation of section 2(a)(4) of the Act and of this
contract.
(h) Safe and Sanitary Working Conditions. The Contractor or
subcontractor shall not permit any part of the services called for by
this contract to be performed in buildings or surroundings or under
working conditions provided by or under the control or supervision of
the Contractor or subcontractor which are unsanitary, hazardous, or
dangerous to the health or safety of the service employees. The
Contractor or subcontractor shall comply with the safety and health
standards applied under 29 CFR Part 1925.
(i) Records. (1) The Contractor and each subcontractor performing
work subject to the Act shall make and maintain for 3 years from the
completion of the work, and make available for inspection and
transcription by authorized representatives of the Wage and Hour
Division, Employment Standards Administration, a record of the
following:
(i) For each employee subject to the Act --
(A) Name and address and social security number;
(B) Correct work classification or classifications, rate or rates of
monetary wages paid and fringe benefits provided, rate or rates of
payments in lieu of fringe benefits, and total daily and weekly
compensation;
(C) Daily and weekly hours worked by each employee; and
(D) Any deductions, rebates, or refunds from the total daily or
weekly compensation of each employee.
(ii) For those classes of service employees not included in any wage
determination attached to this contract, wage rates or fringe benefits
determined by the interested parties or by the Administrator or
authorized representative under the terms of paragraph (c) of this
clause. A copy of the report required by subparagraph (c)(2)(ii) of
this clause will fulfill this requirement.
(iii) Any list of the predecessor Contractor's employees which had
been furnished to the Contractor prescribed by paragraph (n) of this
clause.
(2) The Contractor shall also make available a copy of this contract
for inspection or transcription by authorized representatives of the
Wage and Hour Division.
(3) Failure to make and maintain or to make available these records
for inspection and transcription shall be a violation of the regulations
and this contract, and in the case of failure to produce these records,
the Contracting Officer, upon direction of the Department of Labor and
notification to the Contractor, shall take action to cause suspension of
any further payment or advance of funds until the violation ceases.
(4) The Contractor shall permit authorized representatives of the
Wage and Hour Division to conduct interviews with employees at the
worksite during normal working hours.
(j) Pay Periods. The Contractor shall unconditionally pay to each
employee subject to the Act all wages due free and clear and without
subsequent deduction (except as otherwise provided by law or
Regulations, 29 CFR Part 4), rebate, or kickback on any account. These
payments shall be made no later than one pay period following the end of
the regular pay period in which the wages were earned or accrued. A pay
period under this Act may not be of any duration longer than
semi-monthly.
(k) Withholding of Payments and Termination of Contract. The
Contracting Officer shall withhold or cause to be withheld from the
Government Prime Contractor under this or any other Government contract
with the Prime Contractor such sums as an appropriate official of the
Department of Labor requests or such sums as the Contracting Officer
decides may be necessary to pay underpaid employees employed by the
contractor or subcontractor. In the event of failure to pay any
employees subject to the Act all or part of the wages or fringe benefits
due under the Act, the Contracting Officer may, after authorization or
by direction of the Department of Labor and written notification to the
contractor, take action to cause suspension of any further payment or
advance of funds until such violations have ceased. Additionally, any
failure to comply with the requirements of this clause may be grounds
for termination of the right to proceed with the contract work. In such
event, the Government may enter into other contracts or arrangements for
completion of the work, charging the Contractor in default with any
additional costs.
(l) Subcontracts. The Contractor agrees to insert this clause in all
subcontracts subject to the Act.
(m) Collective Bargaining Agreements Applicable to Service Employees.
If wages to be paid or fringe benefits to be furnished any service
employees employed by the Government Prime contractor or any
subcontractor under the contract are provided for in a collective
bargaining agreement which is or will be effective during any period in
which the contract is being performed, the Government Prime Contractor
shall report such fact to the Contracting Officer, together with full
information as to the application and accrual of such wages and fringe
benefits, including any prospective increases, to service employees
engaged in work on the contract, and a copy of the collective bargaining
agreement. Such report shall be made upon commencing performance of the
contract. In the case of such agreements or provisions or amendments
thereof effective at a later time during the period of contract
performance such agreements shall be reported promptly after negotiation
thereof.
(n) Seniority List. Not less than 10 days prior to completion of any
contract being performed at a Federal facility where service employees
may be retained in the performance of the succeeding contract and
subject to a wage determination which contains vacation or other benefit
provisions based upon length of service with a Contractor (predecessor)
or successor (29 CFR 4.173), the incumbent Prime Contractor shall
furnish the Contracting Officer a certified list of the names of all
service employees on the contractor's or subcontractor's payroll during
the last month of contract performance. Such list shall also contain
anniversary dates of employment on the contract either with the current
or predecessor Contractors of each such service employee. The
Contracting Officer shall turn over such list to the successor
Contractor at the commencement of the succeeding contract.
(o) Rulings an Interpretations. Rulings and interpretations of the
Act are contained in Regulations, 29 CFR Part 4.
(p) Contractor's Certification. (1) By entering into this contract,
the Contractor (and officials thereof) certifies that neither it (nor he
or she) nor any person or firm who has a substantial interest in the
Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of the sanctions imposed under section 5
of the Act.
(2) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract under section 5 of
the Act.
(3) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
(q) Variations. Tolerances, and Exemptions Involving Employment.
Notwithstanding any of the provisions in paragraphs (b) through (o) of
this clause, the following employees may be employed in accordance with
the following variations, tolerances, and exemptions, which the
Secretary of Labor, pursuant to section 4(b) of the Act prior to its
amendment by Public Law 92-473, found to be necessary and proper in the
public interest or to avoid serious impairment of the conduct of
Government business:
(1) Apprentices, student-learners, and workers whose earning capacity
is impaired by age, physical, or mental deficiency or injury may be
employed at wages lower than the minimum wages otherwise required by
section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe
benefits or cash payments in lieu thereof required under section 2(a)(2)
of the Act, in accordance with the conditions and procedures prescribed
for the employment of apprentices, student-learners, handicapped
persons, and handicapped clients of sheltered workshops under section 14
of the Fair Labor Standards Act of 1938, in the regulations issued by
the Administrator (29 CFR Parts 520, 521, 524, and 525).
(2) The Administrator will issue certificates under the Act for the
employment of apprentices, student-learners, handicapped persons, or
handicapped clients of sheltered workshops not subject to the Fair Labor
Standards Act of 1938, or subject to different minimum rates of pay
under the two acts, authorizing appropriate rates of minimum wages (but
without changing requirements concerning fringe benefits or
supplementary cash payments in lieu thereof), applying procedures
prescribed by the applicable regulations issued under the fair labor
Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).
(3) The Administrator will also withdraw, annual, or cancel such
certificates in accordance with the regulations in Parts 525 and 528 of
Title 29 of the Code of Federal Regulations.
(r) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they perform when they are employed
and individually registered in a bona fide apprenticeship program
registered with a State Apprenticeship Agency which is recognized by the
U.S. Department of Labor, or if no such recognized agency exists in a
State, under a program registerd with the Bureau of Apprenticeship and
Training, Employment and Training Administration, U.S. Department of
Labor. Any Employee who is not registered as an apprentice in an
approval program shall be paid the wage rate and fringe benefits
contained in the applicable wage determination for the journeyman
classification of work actually performed. The wage rates paid
apprentices shall not be less than the wage rate for their level of
progress set forth in the registered program, expressed as the
appropriate percentage of the journeyman's rate contained in the
applicable wage determination. The allowable ratio of apprentices to
journeymen employed on the contract work in any craft classification
shall not be greater than the ratio permitted to the contractor as to
his entire work force under the registered program.
(s) Tips. An employee engaged in an occupation in which the employee
customarily and regularly receives more than $30 a month in tips may
have the amount of these tips credited by the employer against the
minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act,
in accordance with section 3(m) of the Fair Labor Standards Act and
Regulations 29 CFR Part 531. However, the amount of credit shall not
exceed $1.34 per hour beginning January 1, 1981. To use this provision
--
(1) The employer must inform tipped employees about this tip credit
allowance before the credit is utilized;
(2) The employees must be allowed to retain all tips (individually or
through a pooling arrangement and regardless of whether the employer
elects to take a credit for tips received);
(3) The employer must be able to show by records that the employee
receives at least the applicable Service Contract Act minimum wage
through the combination of direct wages and tip credit; and
(4) The use of such tip credit must have been permitted under any
predecessor collective bargaining agreement applicable by virtue of
section 4(c) of the Act.
(t) Disputes Concerning Labor Standards The United States Department
of Labor has set forth in 29 CFR Parts, 4, 6, and 8 procedures for
resolving disputes concerning labor standards requirements. Such
disputes shall be resolved in accordance with those procedures and not
the Disputes clause of this contract. Disputes within the meaning of
this clause include disputes between the Contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
48 CFR 452.222-72 Statement of Equivalent Rates for Federal Hires.
As prescribed in 422.7003(b), insert the following clause in
solicitations and contracts.
In compliance with the Service Contract Act of 1965, as amended, and
the regulations of the Secretary of Labor (29 CFR Part 4), this clause
identifies the classes of service employees exected to be employed under
the contract and states the wages and fringe benefits payable to each if
they were employed by the contracting agency subject to the provisions
of 5 U.S.C. 5341 or 5332.
DETERMINATION
Employee Class:
-- --
Monetary Wage -- Fringe Benefits:
-- --
48 CFR 452.222-73 Fair Labor Standards Act and Service Contract Act --
Price Adjustment.
As prescribed in 422.7003(b), insert the following clause:
(a) The Contractor warrants that the prices in this contract do not
include any allowance for any contingency to cover increased costs for
which adjustment is provided under this clause.
(b) The contract price or contract unit price labor rates will be
adjusted to reflect increases or decreases by the Contractor in wages or
fringe benefits of employees working on this contract to comply with:
(1) An increased or decreased wage determination applied to this
contract by operation of law; or
(2) An amendment to the Fair Labor Standards Act of 1938 that is
enacted subsequent to award of this contract, affects the minimum wage,
and becomes applicable to this contract under law.
(c) Any such adjustment will be limited to increases or decreases in
wages or fringe benefits as described in paragraph (b) above, and to the
concomitant increases or decreases in social security and unemployment
taxes and workers' compensation insurance; It shall not otherwise
include any amount for general and administrative costs, overhead, or
profits.
(d) The Contractor shall notify the Contracting Officer of any
increase claimed under this clause within 30 days after the effective
date of the wage change, unless this period is extended by the
Contracting Officer in writing. The Contractor shall promptly notify
the Contracting Officer of any decrease under this clause, but nothing
in the clause shall preclude the Government from asserting a claim
within the period permitted by law. The notice shall contain a
statement of the amount claimed and any relevant supporting data that
the Contracting Officer may reasonably require. Upon agreement of the
parties, the contract price or contract unit price labor rates shall be
modified in writing. The Contractor shall continue performance pending
agreement on or determination of any such adjustment and its effective
date.
(e) The Contracting Officer or an authorized representative shall,
until the expiration of 3 years after final payment under the contract,
have access to and the right to examine any directly pertinent books,
documents, papers, and records of the Contractor.
48 CFR 452.224-70 Confidentiality of Information.
As prescribed in 424.104(b), insert a clause substantially as
follows:
(a) Confidential information, as used in this clause, means: (1)
Information or data of a personal nature, proprietary about an
individual, or (2) information or data submitted by or pertaining to an
institution or organization.
(b) In addition to the types of confidential information described in
(a)(1) and (2) above, information which might require special
consideration with regard to the timing of its disclosure may derive
from studies or research during which public disclosure of primarily
invalidated findings could create an erroneous conclusion which might
threaten public health or safety if acted upon.
(c) The Contracting Officer and the Contractor may, by mutual
consent, identify elsewhere in this contract specific information and/or
categories of information which the Government will furnish to the
Contractor or that the Contractor is expected to generate which is
confidential. Similarly, the Contracting Officer and the Contractor
may, by mutual consent, identify such confidential information from time
to time during the performance of the contract. Failure to agree will
be settled pursuant to the ''Disputes'' clause.
(d) If it is established that information to be utilized under this
contract is subject to the Privacy Act, the Contractor will follow the
rules and procedures of disclosure set forth in the Privacy Act of 1974,
5 U.S.C. 552a, and implementing regulations and policies, with respect
to systems of records determined to be subject to the Privacy Act.
(e) Confidential information, as defined in (a)(1) and (2) above,
shall not be disclosed without the prior written consent of the
individual, institution or organization.
(f) Written advance notice of at least 45 days will be provided to
the Contracting Officer of the Contractor's intent to release findings
of studies or research, which have the possibility of adverse effects on
the public or the Federal agency, as described in (b) above. If the
Contracting Officer does not pose any objections in writing within the
45 day period, the contractor may proceed with disclosure.
Disagreements not resolved by the Contractor and Contracting Officer
will be settled pursuant to the ''Disputes'' clause.
(g) Whenever the Contractor is uncertain with regard to the proper
handling of material under the contract, or if the material in question
is subject to the Privacy Act or is confidential information subject to
the provisions of this clause, the Contractor shall obtain a written
determination from the Contracting Officer prior to any release,
disclosure, dissemination, or publication.
(h) The provisions of paragraph (e) of this clause shall not apply
when the information is subject to conflicting or overlapping provisions
in other Federal, State or local laws.
48 CFR 452.225-70 English Language and U.S. Currency Requirements.
As prescribed in 425.407, insert the following provision:
An offer of a designated country end product or a Caribbean Basin
country end product permitted under the provisions of the Trade
Agreements Act of 1979, shall be submitted in the English language in
U.S. dollars.
48 CFR 452.228-70 Notice of Required Bid Guarantee.
As prescribed in 428.102-3(a), insert the following provision:
If a bid exceeds $25,000 the bidder must submit a bid guarantee in
the amount of
---- * ---- percent of the total bid price, but in no event
shall the penal sum exceed $3 million. If a bid bond is sumbitted, it
should be on Standard Form 24. Money orders, cashiers checks, or
certified checks, if used, shall be drawn payable to: ---- ** ---- .
*Contracting Officer shall insert appropriate percentage, but not
less than 20 percent.
**Contracting Officer shall insert the name of the USDA contracting
activity.
48 CFR 452.228-71 Notice of Required Performance Security.
As prescribed in 428.102-3(b), insert the following provision:
If the contract exceeds $25,000, the successful offeror shall furnish
security to guarantee faithful performance of the contract in the amount
of ---- * ---- percent of the total contract price. Security may be in
the form of a performance bond on Standard Form 25 (furnished on
request), or in the form of a certified or cashier's check, bank draft,
U.S. Postal service money order, or currency, or United States
Government bonds or notes (at par value) deposited in accordance with
Treasury Regulations. Money orders and checks shall be drawn payable
to: ---- * ---- .
*Contracting Officer shall insert appropriate percentage.
**Contracting Officer shall insert the name of the USDA contracting
activity.
48 CFR 452.228-72 Notice of Required Payment Security.
As prescribed in 428.102-3(c), insert the following clause:
If the contract exceeds $25,000, the successful offeror shall furnish
security to guarantee payment to all persons supplying labor or
materials in the performance of the contract. Such security may be in
the form of a payment bond on Standard Form 25A (furnished on request)
or in the form of a certified or cashier's check, bank draft, U.S.
Postal Service money order, or currency, or United States Government
bonds or notes (at par value) deposited in accordance with Treasury
Regulations. Money orders and checks shall be drawn payable to: ---- *
---- . The penal sum of the payment bond shall equal:
(a) 50 percent of the contract price, if the contract price is not
more than $1 million;
(b) 40 percent of the contract price, if the contract price is more
than $1 million but not more than $5 million; or
(c) $2 1/2 million, if the contract price is more than $5 million.
*Contracting Officer shall insert the name of the USDA contracting
activity.
48 CFR 452.228-73 Insurance Coverage.
As prescribed in 428.310, insert the following provision:
Pursuant to FAR clause 52.228-5, Insurance -- Work on a Government
Installation, the Contractor will be required to present evidence to
show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is
required to comply with applicable Federal and State workers'
compensation and occupational disease statutes. If occupational
diseases are not compensable under those statutes, they shall be covered
under the employer's liability section of the insurance policy, except
when contract operations are so commingled with a Contractor's
commercial operations that it would not be practical to require this
coverage. Employer's liability coverage of at least $100,000 shall be
required, except in States with exclusive or monopolistic funds that do
not permit worker's compensation to be written by private carriers.
(b) General Liability. The Contractor shall have bodily injury
liability insurance coverage written on the comprehensive form of policy
of at least $500,000 per occurrence.
(c) Automobile Liability. The Contractor shall have automobile
liability insurance written on the comprehensive form of policy. The
policy shall provide for bodily injury and property damage liability
covering the operation of all automobiles used in connection with
performing the contract. Policies covering automobiles operated in the
United States shall provide coverage of at least $200,000 per person and
$500,000 per occurrence for bodily injury and $20,000 per occurrence for
property damage.
(d) Aircraft Public and Passenger Liability. When aircraft are used
in connection with performing the contract, the Contractor shall have
aircraft public and passenger liability insurance. Coverage shall be at
least $200,000 per person and $500,000 per occurrence for bodily injury,
other than passenger liability, and $200,000 per occurrence for property
damage. Coverage for passenger liability bodily injury shall be at
least $200,000 multiplied by the number of seats or passengers,
whichever is greater.
Alternate I (Feb 1988). As prescribed in 428.310, substitute the
following paragraph (b), when additionally the contractor must have
property damage liability coverage:
(b) General Liability. (1) The Contractor shall have bodily injury
liability coverage written on the comprehensive form of policy of at
least $500,000 per occurrence.
(2) Property Damage liability insurance shall be required in the
amount of ---- * ---- .
*Contracting Officer shall insert amount required.
452.232-70 -- 452.232-73 (Reserved)
48 CFR 452.232-74 Reimbursement for Bond Premiums -- Fixed-Price
Construction Contracts.
As prescribed in 432.111(b), insert the following clause:
The Contract Price includes the total amount for premiums that the
Contractor attributes to the furnishing of performance and payment bonds
required by the contract. Reimbursement for bond premiums under
paragraph (e) of the clause at FAR 52.232-11, Payments Under Fixed-Price
Construction Contract, shall not cover any amount therefor not included
in the contract price.
48 CFR 452.236-70 Additive or Deductive Items.
As prescribed in 436.370, insert the following provision:
The low bidder for purposes of award shall be the conforming
responsible bidder offering the low aggregate amount for the first or
base bid item, plus or minus (in the order of priority listed in the
schedule) those additive or deductive bid items providing the most
features of the work within the funds determined by the Government to be
available before bids are opened. If addition of another bid item in
the listed order of priority would make the award exceed such funds for
all bidders, it shall be skipped and the next subsequent additive bid
item in a lower amount shall be added if award therein can be made
within such funds. For example, when the amount available is $100,000
and a bidder's base bid and four successive additives are $85,000,
$10,000, $8,000, $6,000, and $4,000, the aggregate amount of the bid for
purposes of award would be $99,000 for the base bid plus the first and
fourth additives, the second and third additives being skipped because
each of them would cause the aggregate bid to exceed $100,000. In any
case all bids shall be evaluated on the basis of the same additive or
deductive bid items, determined as above provided. The listed order of
priority need be followed only for determining the low bidder. After
determination of the low bidder as stated, award in the best interests
of the Government may be made on the selected first or base bid item and
any combination of additive or deductive items for which funds are
determined to be available at the time of the award, provided that award
on such combination of bid items does not exceed the amount offered by
any other conforming responsible bidder for the same combination of bid
items.
48 CFR 452.236-71 Prohibition Against the Use of Lead-Based Paint.
As prescribed in 436.571, insert the following clause:
(a) For paints manufactured prior to or on June 23, 1977, the
following restriction applies:
Neither the Contractor nor any subcontractor performing under this
contract shall use paints containing more than 0.5 of 1 percent lead by
weight (calculated as lead metal) in the total nonvolatile content of
the paint, or the equivalent measure of lead in the dried film of paint
already applied, or both.
(b) For paints manufactured after June 23, 1977, the following
restriction applies:
Neither the Contractor nor any subcontractor performing under this
contract shall use paints containing more than 0.06 of 1 percent lead by
weight (calculated as lead metal) in the total nonvolatile content of
the paint, or the equivalent measure of lead in the dried film of paint
already applied, or both.
48 CFR 452.236-72 Use of Premises.
As prescribed in 436.572, insert the following clause:
(a) Before any camp, quarry, borrow pit, storage, detour, or bypass
site, other than shown on the drawings, is opened or operated on USDA
lands or lands administered by the USDA, the Contractor shall obtain
written permission through the Contracting Officer. A camp is
interpreted to include a campsite or trailer parking area of any
employee working on the project for the Contractor.
(b) Unless excepted elsewhere in the contract, the Contractor shall:
(i) provide and maintain sanitation facilities for the workforce at the
site and (ii) dispose of solid waste in accordance with applicable
Federal, State and local regulations.
48 CFR 452.236-73 Archaeological or Historic Sites.
As prescribed in 436.573, insert the following clause:
If a previously unidentified archaeological or historic site(s) is
encountered, the Contractor shall discontinue work in the general area
of the site(s) and notify the Contracting Officer immediately.
48 CFR 452.236-74 Control of Erosion, Sedimentation and Pollution.
As prescribed in 436.574, insert the following clause:
(a) Operations shall be scheduled and conducted to minimize erosion
of soils and to prevent silting and muddying of streams, rivers,
irrigation systems, and impoundments (lakes, reservoirs, etc.).
(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and
other harmful materials shall not be discharged on the ground; into or
near rivers, streams, and impoundments; or into natural or man-made
channels. Wash water or waste from concrete or aggregate operations
shall not be allowed to enter live streams prior to treatment by
filtration, settling, or other means sufficient to reduce the sediment
content to not more than that of the stream into which it is discharged.
(c) Mechanized equipment shall not be operated in live streams
without written approval by the Contracting Officer.
48 CFR 452.236-75 Maximum Workweek -- Construction Schedule.
As prescribed in 436.575, insert a clause substantially as follows:
Within 10 days after receipt of a written request from the
Contracting Officer, the Contractor must submit the following
information in writing for approval:
(a) A construction schedule as required by FAR clause 52.236-15,
Schedules for Construction Contracts, and
(b) The hours and days of the week the Contractor proposes to carry
out the work.
The maximum workweek that will be approved is ---- * ---- . The
Contractor's proposed hours of work are to include daily starting and
stopping times.
*Contracting Officer shall insert appropriate number of hours and/or
days.
48 CFR 452.236-76 Samples and Certificates.
As prescribed in 436.576, insert the following contract clause:
When required by the specifications or the Contracting Officer,
samples, certificates, and test data shall be submitted after award of
the contract, prepaid, in time for proper action by the Contracting
Officer or his/her designated representative. Certificates and test
data shall be submitted in triplicate to show compliance with materials
and construction specified in the contract performance requirements.
Samples shall be submitted in duplicate by the Contractor, except as
otherwise specified, to show compliance with the contract requirements.
Materials or equipment for which samples, certifications or test data
are required shall not be used in the work until approved in writing by
the Contracting Officer.
48 CFR 452.236-77 Emergency Control.
As prescribed in 436.577, insert the following clause:
(a) Contractor's Responsibility for Fighting Fire. The Contractor,
under the direction of the Forest Supervisor or, in the absence of said
officer, acting independently, shall immediately extinguish all fires on
or in the vicinity of the project. If it is determined subsequently by
the Contracting Officer that a fire was caused by the Contractor or the
Contractor's agents or employees, whether caused directly or indirectly
as a result of contractor operations, the Contractor's costs relating to
extinguishing the fire shall not be reimbursed by the Government and
shall be the sole responsibility of the Contractor. In addition the
Contractor may be held liable for all damages and for all costs incurred
by the Government for labor, subsistence, equipment, supplies, and
transportation deemed necessary to control or suppress a fire set or
caused by the Contractor or the Contractor's agents or employees.
(b) Contractor's Responsibility for Controlling Other Emergencies.
When requested by the Contracting Officer, the Contractor shall allow
the Forest Service to temporarily use employees and equipment for
emergency work. Payment will be made at not less than the current area
rates established by the Forest Service. Employees and equipment will
be released from emergency operations when other labor and equipment
adequate for the protection of the area are obtained.
Note: See Fire Plan Requirements referenced in Section J.
(53 FR 6069, Feb. 29, 1988; 53 FR 12748, Apr. 18, 1988)
48 CFR 452.236-78 Forest Service Standard Specifications for
Construction of Roads and Bridges.
As prescribed in 436.578, insert the following clause:
These specifications are included by reference only. The
requirements contained in these Standard Specifications are hereby made
a part of this solicitation and any resultant contract.
48 CFR 452.236-79 Opted Timber Sale Road Requirements.
As prescribed in 436.579, insert the following clause:
This contract is for the construction of timber sale road(s) which a
timber purchaser has opted to have the Forest Service construct. The
Forest Service is obligated to make these roads available to the timber
sale purchaser by ---- * ---- . Failure to make these roads available
by this date could result in Government liability for delay to the
timber purchaser for which the Contractor might become liable should he
fail to complete this contract within the specified and allowed contract
time.
*Contracting Officer shall insert appropriate date.
48 CFR 452.237-70 Loss, Damage, Destruction or Repair.
(a) As prescribed in 437.110(a), insert a clause substantially as
follows:
(a) For equipment furnished under this contract without operator, the
Government will assume liability for any loss, damage or destruction of
such equipment, not to exceed a total of $ ---- * ---- , except that no
reimbursement will be made for loss, damage or destruction due to (1)
Ordinary wear or tear, (2) mechanical failure, or (3) the fault or
negligence of the Contractor or the Contractor's agents or employees.
(b) For equipment furnished under this contract with operator, the
Government shall not be liable for any loss, damage or destruction of
such equipment, except for loss, damage or destruction resulting from
the negligent or wrongful act(s) of Government employee(s) while acting
within the scope of their employment.
(c) All repairs to equipment furnished under this contract shall be
made by the Contractor and reimbursement, if any, shall be determined in
accordance with (a) or (b) above. Repairs shall be made promptly and
equipment returned to use within ---- ** ---- hours. In lieu of
repairing equipment, the Contractor may furnish similar replacement
equipment within the time specified. The Contractor may authorize the
Government to make repairs upon the request of the Contracting Officer.
In such case, the Contractor will be billed for labor and parts costs.
*Contracting Officer shall insert amount available in current funds
to cover potential liability.
**Contracting Officer shall insert appropriate number of hours.
48 CFR 452.237-71 Pre-Bid/Pre-Proposal Conference.
As prescribed in 437.110(b), insert a provision substantially as
follows:
(a) The Government is planning a pre-bid/pre-proposal conference,
during which potential offerors may obtain a better understanding of the
work required.
(b) Offerors are encouraged to submit all questions in writing at
least five (5) days prior to the conference. Questions will be
considered at any time prior to or during the conference; however,
offerors will be asked to confirm verbal questions in writing.
Subsequent to the conference, an amendment to the solicitation
containing an abstract of the questions and answers, and a list of
attendees, will be disseminated.
(c) In order to facilitate conference preparations, it is requested
that the person named on the Standard Form 33 of this solicitation be
contacted and advised of the number of persons who will attend.
(d) The Government assumes no responsibility for any expense incurred
by an offeror prior to contract award.
(e) Offerors are cautioned that, notwithstanding any remarks or
clarifications given at the conference, all terms and conditions of the
solicitation remain unchanged unless they are changed by amendment to
the solicitation. If the answers to conference questions, or any
solicitation amendment, create ambiguities, it is the responsibility of
the offeror to seek clarification prior to submitting an offer.
(f) The conference will be held:
Date: ---- * ----
Time: ---- * ----
Location: ---- * ----
*Contracting Officer shall insert appropriate information.
48 CFR 452.237-72 Pre-Bid/Pre-Proposal Conference and Site Visit.
As prescribed in 437.110(c), insert a provision substantially as
follows:
(a) The Government is planning a pre-bid/pre-proposal conference and
site visit during which potential offerors may obtain a better
understanding of the work required.
(b) Offerors are strongly urged to visit this site during the
conference to fully inform themselves about the location and conditions
under which the work is to be performed.
(c) Offerors are encouraged to submit all questions in writing at
least five (5) days prior to the conference. Questions will be
considered at any time prior to, or during, the conference; however,
offerors will be asked to confirm verbal questions in writing.
Subsequent to the conference an amendment to the solicitation containing
an abstract of the questions and answers, and a list of attendees, will
be disseminated.
(d) In order to facilitate conference preparations, it is requested
that the person named on the Standard Form 33 of this solicitation be
contacted and advised of the number of persons who will attend.
(e) The Government assumes no responsibility for any expense incurred
by an offeror prior to contract award.
(f) Offerors are cautioned that, notwithstanding any remarks or
clarifications given at the conference, all terms and conditions of the
solicitation remain unchanged unless they are changed by amendment to
the solicitation. If the answers to conference questions, or any
solicitation amendment, create ambiguities it is the responsibility of
the offeror to seek clarification prior to submitting an offer.
(g) The conference will be held:
Date: ---- * ----
Time: ---- * ----
Location: ---- * ----
*Contracting Officer shall insert appropriate information.
48 CFR 452.237-73 Equipment Inspection Visit.
As prescribed in 437.110(d), insert the following provision in
solicitations:
Offerors are urged and expected to inspect the equipment on which
maintenance or repairs are to be performed and to satisfy themselves
regarding all conditions that may affect the cost of contract
performance, to the extent that the information is reasonably
obtainable. In no event shall failure to inspect the equipment
constitute grounds for a claim after contract award.
Offerors are invited to inspect the ---- * ---- at ---- * ---- by
telephoning ---- * ---- on ---- * ---- for an appointment.
*Contracting Officer shall insert appropriate information.
48 CFR 452.237-74 Key Personnel.
As prescribed in 437.110(e), insert a clause substantially as
follows:
(a) The Contractor shall assign to this contract the following key
personnel:
(b) During the first ninety (90) days of performance, the Contractor
shall make no substitutions of key personnel unless the substitution is
necessitated by illness, death, or termination of employment. The
Contractor shall notify the Contracting Officer within 15 calendar days
after the occurrence of any of these events and provide the information
required by paragraph (c) below. After the initial 90-day period, the
Contractor shall submit the information required by paragraph (c) to the
Contracting Officer at least 15 days prior to making any permanent
substitutions.
(c) The Contractor shall provide a detailed explanation of the
circumstances necessitating the proposed substitutions, complete resumes
for the proposed substitutes, and any additional information requested
by the Contracting Officer. Proposed substitutes should have comparable
qualifications to those of the persons being replaced. The Contracting
Officer will notify the Contractor within 15 calendar days after receipt
of all required information of the decision on substitutions. The
contract will be modified to reflect any approved changes of key
personnel.
*Contracting Officer shall insert appropriate information.
48 CFR 452.237-75 Restrictions Against Disclosure.
As prescribed in 437.110(f), insert a clause substantially as
follows:
(a) The Contractor agrees, in the performance of this contract, to
keep all information contained in source documents or other media
furnished by the Government in the strictest confidence. The Contractor
also agrees not to publish or otherwise divulge such information in
whole or in part, in any manner or form, nor to authorize or permit
others to do so, taking such reasonable measures as are necessary to
restrict access to such information while in the Contractor's
possession, to those employees needing such information to perform the
work provided herein, i.e., on a ''need to know'' basis. The Contractor
agrees to immediately notify in writing, the Contracting Officer, named
herein, in the event that the Contractor determines or has reason to
suspect a breach of this requirement.
(b) The Contractor agrees not to disclose any information concerning
the work under this contract to any persons or individual unless prior
written approval is obtained from the Contracting Officer. The
Contractor agrees to insert the substance of this clause in any
consultant agreement or subcontract hereunder.
48 CFR 452.237-76 Progress Reporting.
As prescribed in 437.270(a), insert a clause substantially as
follows:
The Contractor shall submit a progress report ---- * ---- , covering
work accomplished during that period of the contract performance. The
progress report shall be brief and factual and shall be prepared in
accordance with the following format:
(a) A cover page containing:
(1) Contract number and title;
(2) Type of report, sequence number of report, and period of
performance being reported;
(3) Contractor's name and address;
(4) Author(s); and
(5) Date of report.
(b) Section I -- An introduction covering the purpose and scope of
the contract effort. This shall be limited to one paragraph in all but
the first and final month's narrative.
(c) Section II -- A description of overall progress plus a separate
description of each task or other logical segment of work on which
effort was expended during the report period. The description shall
include pertinent data and/or graphs in sufficient detail to explain any
significant results achieved.
(d) Section III -- A description of current technical or substantive
performance, and any problem(s) which may impede performance along with
proposed corrective action.
(e) Section IV -- A planning schedule shall be included with the
first progress report for all assigned tasks required under the
contract, along with the estimated starting and completion dates for
each task. The planning schedule shall be updated and submitted with
each subsequent technical progress report, including an explanation of
any difference between actual progress and planned progress, why the
differences have occurred, and -- if behind planned progress -- what
corrective steps are planned.
(f) Section V -- If applicable, financial information shall be
submitted for each major task or line item cost. Data shall include:
(1) The total estimated cost budgeted (fee excluded)
(2) The estimated cost expended during the current reporting period
(3) Identification of direct labor hours of prime contractor and
subcontractor(s) and/or consultant(s), if applicable
(4) Total project to-date expenditures
(5) Total remaining funds.
*Contracting Officer shall insert frequency of reporting requirement.
48 CFR 425.237-77 Identification of Contract Deliverables.
As prescribed in 437.270(b), insert the following clause:
Unless otherwise specified by the Contracting Officer in writing, all
documents prepared and submitted by the Contractor to the Government
under this contract shall include the following information on the cover
page of each document:
(a) Name and business address of the contractor
(b) Contract number
(c) Total dollar amount of contract including any modifications
thereto
(d) Whether the contract was subject to full and open competition
(e) Name, position, and office location of the USDA Contracting
Officer's Representative
(f) Date of report.
48 CFR 425.237-78 Contracts with Consulting Firms for Services.
As prescribed in 437.270(c), insert a clause substantially as
follows:
Offerors are specifically cautioned that any firm(s) receiving a
contract award to provide the services described herein will be
prohibited from competing for or receiving a contract to perform ---- *
---- .
*Contracting Officer shall insert the appropriate information.
48 CFR 425.242-70 Estimated and Allowable Costs.
As prescribed in 442.704, insert a clause substantially as follows:
(a) Estimated Costs. The estimated cost of this contract is $ ---- *
---- , which consists of $ ---- * ---- for reimbursable costs and $ ----
* ---- for fixed fee. These costs shall be subject to the provisions of
FAR clauses: 52.232-20, Limitation of Cost; 52.216-7, Allowable Cost
and Payments; and clause 52.216-8, Fixed Fee.
(b) Allowable Costs. (1) Final annual indirect cost rate(s) and the
appropriate base(s) shall be established in accordance with FAR Subpart
42.7 in effect for the period covered by the indirect cost rate
proposal.
(2) Until final annual indirect cost rates are established for any
period, the Government shall reimburse the Contractor at billing rates
established by the appropriate Government Representative in accordance
with FAR 42.704, subject to adjustment when the final rates are
established. The established billing rates are currently as follows:
---- ** ----
*Contracting Officer shall insert appropriate dollar amounts.
**Contracting Officer shall insert billing rate data.
Alternate I (Feb 1988). As prescribed in 442.704, substitute a
paragraph (a) substantially as follows in cost-no-fee contracts:
(a) Estimated Costs. The estimated cost of this contract is $ ---- *
---- . This cost shall be subject to the provisions of FAR clauses
52.232-20, Limitation of Cost and 52.216-7, Allowable Cost and Payments.
*Contracting Officer shall insert appropriate dollar amount.
Alternate II (Feb 1988). As prescribed in 442.704, substitute a
paragraph (a) substantially as follows in cost-plus-incentive-fee
contracts:
(a) Estimated Costs. The estimated cost of this contract is $ ---- *
---- , which consists of $ ---- * ---- for reimbursable costs, $ ---- *
---- for base fee, and $ ---- * ---- for incentive fee. These costs
shall be subject to the provisions of FAR clauses 52.232-20, Limitation
of Cost; 52.216-7, Allowable Cost and Payments; and 52.216-10,
Incentive Fee.
*Contracting Officer shall insert appropriate contract amounts.
Alternate III (Feb 1988). As prescribed in 442.704, substitute a
paragraph (a) substantially as follows in cost-plus-award-fee contracts:
(a) Estimated Costs. The estimated cost of this contract is $ ---- *
---- , which consists of $ ---- * ---- for reimbursable costs,
$ ---- * ---- for base fee, and $ ---- * ---- for award fee. These
costs shall be subject to the provisions of FAR clauses 52.232-20,
Limitation of Cost; 52.216-7, Allowable Cost and Payments; and
52.216-10, Incentive Fee.
*Contracting Officer shall insert appropriate contract amounts.
48 CFR 452.245-70 Government-Furnished Property.
As prescribed in 445.106, insert the following clause:
The Government will provide the following item(s) of Government
property to the contractor for use in the performance of this contract.
This property shall be used and maintained by the Contractor in
accordance with the provisions of the ''Government Property'' FAR clause
contained elsewhere in the contract.
Item No. ---- * ----
Description ---- * ----
Quantity ---- * ----
Delivery Date ---- * ----
*Contracting Officer shall insert appropriate data.
48 CFR 452.245-71 Government Property -- Facilities Use.
As prescribed in 445.302-7, insert a clause substantially as follows:
In the performance of this contract, the Contractor is authorized to
use on a no-charge, noninterference basis, the following
Government-owned facilities. The facilities shall be used and
maintained in accordance with the provisions of the ''Government
Property (Facilities Use)'' FAR clause contained elsewhere in the
contract.
48 CFR 452.246-70 Inspection and Acceptance.
As prescribed in 446.370, insert a clause substantially as follows:
(a) The Contracting Officer or the Contracting Officer's duly
authorized representative will inspect and accept the supplies and/or
services to be provided under this contract.
(b) Inspection and acceptance will be performed at: ---- * ----
*Contracting Officer shall insert appropriate identifying data.
Alternate I (Feb 1988). As prescribed in 446.370, substitute a
paragraph (b) and add a paragraph (c):
(b) Inspection will be performed at:
---- * ----
(c) Acceptance will be performed at:
---- * ----
*Contracting Officer shall insert appropriate identifying data.
48 CFR 452.247-70 Delivery Location.
As prescribed in 447.302, insert a clause substantially as follows:
Shipment of deliverable items, other than reports, shall be to: ----
* ----
*Contracting Officer shall insert appropriate identifying data.
48 CFR 452.247-71 Marking Deliverables.
As prescribed in 447.305-10, insert a clause substantially as
follows:
(a) The contract number shall be placed on or adjacent to all
exterior mailing or shipping labels of deliverable items called for by
the contract.
(b) Mark deliverables, except reports, for: ---- * ----
*Contracting Officer shall insert the appropriate information.
48 CFR 452.247-72 Packing for Domestic Shipment.
As prescribed in 447.305-10(b), insert the following clause:
Material shall be packed for shipment in such a manner that will
insure acceptance by common carriers and safe delivery at destination.
Containers and closures shall comply with the Interstate Commerce
Commission regulations, Uniform Freight Classification Rules, or
regulations of other carriers as applicable to the mode of
transportation.
48 CFR 452.247-73 Packing for Overseas Shipment.
As prescribed in 447.305-10(c), insert the following clause:
Supplies shall be packed for overseas shipment in accordance with the
best commercial export practice suitable for water movement to arrive
undamaged at ultimate destination.
48 CFR 452.252-70 List of Attachments.
To meet the requirement of FAR 14.201-4, insert a listing in all
solicitations and contracts where there will be attachments listed in
Section J.
The Contracting Officer shall insert appropriately identified list of
documents, exhibits and other attachments by title, date, and number of
pages.
48 CFR 452.252-70 PART 453 -- FORMS
Sec.
453.000 Scope of part.
48 CFR 452.252-70 Subpart 453.1 -- General
453.103 Exceptions.
453.108 Recommendations concerning forms.
48 CFR 452.252-70 Subpart 453.2 -- Prescription of Forms
453.200 Scope of subpart.
453.204 Administrative matters.
453.204-2 Contract reporting (AD-760).
453.213 Small purchase and other simplified purchase procedures
(AD-744 and AD-838).
453.270 Request for contract action (AD-700).
48 CFR 452.252-70 Subpart 453.3 -- Illustrations of Forms
453.300 Scope of subpart.
453.303 Agency forms.
453.303-700 Procurement Request (AD-700).
453.303-744 Purchase Order-Invoice-Voucher (AD-744).
453.303-760 Report of Individual Procurement (AD-760).
453.303-838 Purchase Order (AD-838).
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 49 FR 12132, Mar. 28, 1984, unless otherwise noted.
48 CFR 453.000 Scope of part.
This part: (a) Prescribes Department of Agriculture (AD) forms for
use in acquisition, (b) contains requirements and information generally
applicable to AD forms and forms prescribed by FAR Part 53, and (c)
illustrates AD forms.
48 CFR 453.000 Subpart 453.1 -- General
48 CFR 453.103 Exceptions.
(a) The contracting officer shall submit requests for exceptions to
forms prescribed in FAR Part 53 through the HCA to the Director, Office
of Operations, for referral to the GSA.
(b) Requests for exceptions to AD forms prescribed in Part 453 shall
be handled as individual or class deviations, as appropriate (see
Subpart 401.4).
48 CFR 453.108 Recommendations concerning forms.
Contract officers shall submit recommendations for new forms or to
revise, eliminate, or consolidate forms prescribed by FAR 53 and Part
453 through the HCA to the Director, Office of Operations, for
consideration or referral to the Civilian Agency Acquisition Council
(CAAC), as appropriate.
48 CFR 453.108 Subpart 453.2 -- Prescription of Forms
48 CFR 453.200 Scope of subpart.
This subpart prescribes Department of Agriculture (AD) forms for use
in acquisition. Consistent with the approach used in FAR Subpart 53.2,
this subpart is arranged by subject matter, in the same order as, and
keyed to, the parts of the AGAR in which the form usage requirements are
addressed.
48 CFR 453.204 Administrative matters.
48 CFR 453.204-2 Contract reporting (AD-760).
Form AD-760, Report of Individual Procurement, is prescribed by the
USDA Procurement Reporting System, for reporting contract actions over
$10,000 (see 404.601(b)).
48 CFR 453.213 Small purchase and other simplified purchase procedures
(AD-744 and AD-838).
(a) Form AD-744, Purchase Order-Invoice-Voucher, is prescribed for
use as an over-the-counter purchase document (see 413.505-3(a)).
(b) Form AD-838, Purchase Order, is prescribed for use as a small
purchase/delivery order document (see 413.505-2).
48 CFR 453.270 Request for contract action (AD-700).
Form AD-700, Procurement Request, is prescribed as the contract
requisition document for contracting activities in USDA.
48 CFR 453.270 Subpart 453.3 -- Illustrations of Forms
48 CFR 453.300 Scope of subpart.
This subpart contains illustrations of Department of Agriculture (AD)
forms for use in acquisitions. Forms are not illustrated in the Federal
Register, or Code of Federal Regulations. Individual copies may be
obtained from any USDA contracting activity, or the Director, Office of
Operations, Washington, D.C. 20250.
48 CFR 453.303 Agency forms.
48 CFR 453.303-700 Procurement Request (AD-700).
48 CFR 453.303-744 Purchase Order-Invoice-Voucher (AD-744).
48 CFR 453.303-760 Report of Individual Procurement (AD-760).
48 CFR 453.303-838 Purchase Order (AD-838).
48 CFR 453.303-838 48 CFR Ch. 5 (10-1-92 Edition)
48 CFR 453.303-838 General Services Administration
48 CFR 453.303-838 CHAPTER 5 -- GENERAL SERVICES ADMINISTRATION
48 CFR 453.303-838 (Parts 500 to 599)
48 CFR 453.303-838 SUBCHAPTER A -- GENERAL
Part
Page
501 General Services Administration Acquisition Regulation System
502 Definitions of words and terms
503 Improper business practices and personal conflicts of interest
504 Administrative matters
48 CFR 453.303-838
48 CFR 453.303-838 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
505 Publicizing contract actions
506 Competition requirements
507 Acquisition planning
508 Required sources of supplies and services
509 Contractor qualifications
510 Specifications, standards, and other purchase descriptions
511 Acquisition and distribution of commercial products
512 Contract delivery or performance
48 CFR 453.303-838
48 CFR 453.303-838 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT
TYPES
513 Small purchase and other simplified purchase procedures
514 Sealed bidding
515 Contracting by negotiation
516 Types of contracts
517 Special contracting methods
518 (Reserved)
48 CFR 453.303-838 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
519 Small business and small disadvantaged business concerns
520 Labor surplus area concerns -- (Reserved)
521 (Reserved)
522 Application of labor laws to Government acquisitions
523 Environment, conservation, and occupational safety
524 Protection of privacy and freedom of information
525 Foreign acquisition
526 (Reserved)
48 CFR 453.303-838 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
527 Patents, data, and copyrights
528 Bonds and insurance
529 Taxes
530 Cost accounting standards
531 Contract cost principles and procedures
532 Contract financing
533 Protests, disputes, and appeals
48 CFR 453.303-838
48 CFR 453.303-838 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
534 Major system acquisition
535 Research and development contracting -- (Reserved)
536 Construction and architect-engineer contracts
537 Service contracting
538 GSA schedule contracting
539 Management, acquisition, and use of information resources
540-541 (Reserved)
48 CFR 453.303-838 SUBCHAPTER G -- CONTRACT MANAGEMENT
542 Contract administration
543 Contract modifications
544 Subcontracting policies and procedures -- (Reserved)
545 Government property
546 Quality assurance
547 Transportation
548 Value engineering -- (Reserved)
549 Termination of contracts
550 Extraordinary contractual actions
551 Use of Government sources by contractors -- (Reserved)
48 CFR 453.303-838
48 CFR 453.303-838 SUBCHAPTER H -- CLAUSES AND FORMS
552 Solicitation provisions and contract clauses
553 Forms
48 CFR 453.303-838
48 CFR 453.303-838 SUBCHAPTERS I-M -- (RESERVED)
48 CFR 453.303-838 SUBCHAPTER N -- SPECIAL CONTRACTING PROGRAMS
570 Acquisition of leasehold interests in real property
Appendix A -- Contracting Office Assignment Codes
48 CFR 453.303-838 48 CFR Ch. 5 (10-1-92 Edition)
48 CFR 453.303-838 General Services Administration
48 CFR 453.303-838 SUBCHAPTER A -- GENERAL
48 CFR 453.303-838 PART 501 -- GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION SYSTEM
48 CFR 453.303-838 Subpart 501.1 -- Purpose, Authority, Issuance
Sec.
501.102 Authority.
501.103 Applicability.
501.104 Issuance.
501.104-1 Publication and code arrangement.
501.104-2 Arrangement of regulations.
501.104-3 Copies.
501.105 OMB Approval under the Paperwork Reduction Act.
501.170 Other GSA publications.
501.170-1 GSA orders and handbooks.
501.170-2 Acquisition letters.
48 CFR 453.303-838 Subpart 501.4 -- Deviations from the FAR and GSAR
501.402 Policy.
501.403 Individual deviations.
501.404 Class deviations.
48 CFR 453.303-838 Subpart 501.6 -- Contracting Authority and
Responsibilities
501.601 General.
501.602 Contracting officers.
501.602-1 Authority.
501.602-2 Responsibilities.
501.602-3 Ratification of unauthorized commitments.
501.603 Selection, appointment, and termination of appointment.
501.603-1 General.
501.603-3 Appointment.
501.603-4 Termination.
501.603-70 Contracting officer warrant program (COWP).
501.670 Legal review and assistance.
501.670-1 Policy.
501.670-2 Definitions.
501.670-3 Responsibilities.
501.670-4 Legal review.
501.670-5 Legal assistance.
501.670-6 Waivers.
48 CFR 453.303-838 Subpart 501-7 -- Determinations and Findings
501.700 Scope of subpart.
501.704 Content.
501.704-70 Sample formats.
501.707 Signatory authority.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26486, June 23, 1989, unless otherwise noted.
48 CFR 453.303-838 Subpart 501.1 -- Purpose, Authority, Issuance
48 CFR 501.102 Authority.
The General Services Administration Acquisition Regulation (GSAR) is
issued and maintained by the Associate Administrator for Acquisition
Policy under the authority of the Federal Property and Administrative
Services Act of 1949, as amended.
48 CFR 501.103 Applicability.
(a) This regulation applies to contracts for supplies or services
(including construction).
(b) Parts 501, 502, 503, 505, 506, 517, 530, 533, 552, 553, 570 and
Subparts 504.2, 504.9, 507.1, 509.4, 515.1, 519.3, 519.6, 519.7, 522.8,
522.13, 522.14, 532.1, 532.4, 532.6, 532.8, and 532.9 apply to leases of
real property. Other provisions of the GSAR do not apply to leases of
real property unless a specific cross-reference is made in Part 570.
(c) This regulation applies to the disposal of real and personal
property only to the extent explicitly stated. The portions of Subpart
501.6 regarding the Contracting Officer Warrant Program and legal review
and assistance, and Subpart 504.70 on the uniform procurement instrument
identification system apply to the disposal of real or personal
property. Subpart 509.4 regarding suspension and debarment of
contractors is applicable to contracts for the disposal of personal
property (see FPMR Subpart 101-45.6).
(d) This regulation may deviate from the Federal Acquisition
Regulation (FAR) when authorized. (See FAR Subpart 1.4 and Subpart
501.4.) When the GSAR does not implement the FAR, the FAR alone governs.
(54 FR 26486, June 23, 1989, as amended at 57 FR 37889, Aug. 21,
1992)
48 CFR 501.104 Issuance.
48 CFR 501.104-1 Publication and code arrangement.
The GSAR is published in the daily issue of the Federal Register, a
cumulated form in the Code of Federal Regulations (CFR), and a separate
loose-leaf edition.
48 CFR 501.104-2 Arrangement of regulations.
(a) The numbering system used in GSAR conforms to the FAR System. A
particular policy or procedure is identified by the same number in both
the FAR and GSAR.
(b) When the GSAR implements the FAR, the GSAR is numbered (and
captioned) to correspond to the FAR part, subpart, section, or
subsection being implemented.
(c) When the GSAR supplements the FAR by dealing with subject matter
not in the FAR, numbers beginning with 70 are assigned to the
supplementing part, subpart, section, or subsection.
(d) When the FAR requires no implementation, the GSAR will not
contain corresponding citations. This will result in some gaps in the
GSAR. In such cases, see the FAR for policies and procedures.
48 CFR 501.104-3 Copies.
Copies of the GSAR in CFR form may be purchased from the
Superintendent of Documents, Government Printing Office (GPO),
Washington, DC 20402.
48 CFR 501.105 OMB Approval under the Paperwork Reduction Act.
The following OMB control numbers apply:
(57 FR 14648, Apr. 22, 1992)
48 CFR 501.170 Other GSA publications.
48 CFR 501.170-1 GSA orders and handbooks.
Internal agency guidance, as described in FAR 1.301(a)(2), must be
issued by heads of contracting activities in the form of a GSA order or
handbook. GSA orders and handbooks must not unnecessarily repeat,
paraphrase, or otherwise restate the FAR and GSAR. Policies and
procedures for issuing GSA orders and handbooks are in the HB, Writing
GSA Internal Directives (OAD P 1832.3A).
(57 FR 14649, Apr. 22, 1992)
48 CFR 501.170-2 Acquisition letters.
(a) Acquisition letters may be issued to provide coverage on an
interim basis, pending incorporation of material in GSA orders or
handbooks. Acquisition letters will be considered canceled after one
year and therefore must be incorporated into the applicable order or
handbook within that time period.
(b) The heads of contracting activities (HCA's) or their designees
may issue acquisition letters. Normally no more than two officials
within a contracting activity, as appropriate, may be designated to
issue acquisition letters.
(c) Acquisition letters must be coordinated with appropriate offices
including Acquisition Policy, Counsel, and the Inspector General.
Proposed procedures affecting the operation of the small business
program must be coordinated with the Office of Small and Disadvantaged
Business Utilization (AU).
(d) Acquisition letters must be identified by a number assigned by
the issuing activity. The number should begin with the correspondence
symbol of the issuing office, followed by the last two digits of the
calendar year in which it is issued and be numbered consecutively
beginning with 1. For example, the number of the first letter issued by
the Commissioner, Public Buildings Service, in calendar year 1989 will
be P-89-1.
(e) The body of the acquisition letter should contain the following
paragraphs, as appropriate:
(1) Purpose.
(2) Background.
(3) Effective date.
(4) Termination date.
(5) Cancellation.
(6) Applicability (offices to which acquisition letter is
applicable).
(7) Reference to regulations (FAR or GSAR), handbooks, or orders.
(8) Instructions/procedures.
(f) The issuing office is responsible for distributing its
acquisition letters to affected contracting activities, regional
Acquisition Management Staffs (RAMS), the Office of Acquisition Policy,
appropriate Central Office contracting activities, Associate General
Counsels, Regional Counsels, Directives and Correspondence Management
Branch in Central Office, and Information Management Branches in the
regions. In Region 3, it is the Administrative Operations Branch.
(g) Each issuing office must report on acquisition letters issued and
canceled on a quarterly basis so that the Office of Acquisition Policy
can issue a consolidated index of all acquisition letters issued or
canceled. The index will be distributed to GSA contracting activities.
48 CFR 501.170-2 Subpart 501.4 -- Deviations From the FAR and GSAR
48 CFR 501.402 Policy.
(a) In order to maintain maximum uniformity, deviations from the FAR
and the GSAR must be kept to a minimum.
(b) A contracting activity may deviate from a regulatory provision
which implements a statutory requirement provided the nature of the
deviation does not violate the underlying statute.
(c) Deviations must not be used to defeat the FAR and GSAR approval
requirements.
48 CFR 501.403 Individual deviations.
Individual deviations from the GSAR or the FAR must be approved by
the head of the contracting activity. A copy of the deviation
justification and approval must be furnished to the Office of
Acquisition Policy (VP).
48 CFR 501.404 Class deviations.
(a) Class deviations from the FAR and GSAR must be approved by the
Associate Administrator for Acquisition Policy (V).
(b) Class deviations from the GSAR will expire in 12 months if not
extended. They may be rescinded earlier without prejudice to any action
previously taken.
(c) A request for a class deviation must be supported by statements
that fully disclose the need for and the nature of the deviation.
(54 FR 26486, June 23, 1989, as amended at 56 FR 15288, Apr. 16,
1991)
48 CFR 501.404 Subpart 501.6 -- Contracting Authority and Responsibilities
48 CFR 501.601 General.
Heads of contracting activities (see 502.1) are contracting officers
by virtue of their position. Other contracting officers are appointed
under FAR 1.603 and 501.603.
48 CFR 501.602 Contracting officers.
48 CFR 501.602-1 Authority.
Contracting authority is not required for:
(a) Using the imprest fund;
(b) Signing training authorizations for public course offerings;
(c) Signing travel documents;
(d) Ordering printing and duplicating services;
(e) Ordering supplies on Standard Form 344 or other FEDSTRIP forms;
(f) Signing Government Bills of Lading;
(g) Signing machine-loaded orders against established contracts for
supplies to replenish warehouse stock;
(h) Signing machine-generated delivery orders against definite
quantity contracts for motor vehicles;
(i) Signing memoranda of agreement with other Federal agencies (see
ADM 5400.12A and PBS 5400.5B);
(j) Authorizing interagency transfers of funds.
(k) Using the Government telephone systems for commercial long
distance and local service and/or approving payments for such services;
(l) Using the Federal Supply Service (FSS) nationwide contract for
express small package transportation services and/or approving payments
for such services; and
(m) Submitting a Standard Form 145, Telephone Service Request, to the
Information Resources Management Service.
(54 FR 26486, June 23, 1989, as amended at 56 FR 15288, Apr. 16,
1991)
48 CFR 501.602-2 Responsibilities.
(a) GSA revolving funds. Unless otherwise notified, contracting
officers may assume that sufficient funds are available for purchases
payable from GSA revolving funds upon the receipt of a requisition
signed by an authorized individual citing such funds. Requisitions for
indefinite delivery contracts which provide for a guaranteed minimum
must cite funds adequate to cover the guaranteed minimum quantities.
(b) GSA funds, other than revolving funds. (1) A requisition signed
by an authorized individual may be considered as evidence that funds
cited are available for purchases payable from GSA funds other than
revolving funds. A certification that additional funds are available
must be obtained from the requisitioning activity before awarding a
contract or purchase order when the purchase exceeds (by 10 percent or
$50, whichever is greater) the dollar amount of funds cited on the
purchase requisition.
(2) When a requisition is not used, e.g., lease of real property, the
contracting officer must ensure funds are available before awarding the
contract.
(c) Other Federal agencies' funds. For purchases for direct delivery
to Federal agencies other than GSA, the receipt of a properly
signed/approved purchase request is sufficient evidence that funds are
available. Where, however, the agency's purchase request indicates that
a specific dollar amount has been set aside for the acquisition, as in
the case of a Project Implementation Order/Commodities (PIO/C) from the
Agency for International Development, the buying activity must not
exceed the fund limitation except to the extent authorized in supply
support agreements. When the funds stated on the purchase request
appear to be or are insufficient to cover costs for the acquisition,
transportation, export surcharge, and any other expense involved in the
delivery of material to designated consignees, additional funds must be
obtained from the requiring agency before the acquisition is completed
as indicated below:
(1) When requirements are submitted by agencies directly to a
contracting division in the Central Office (regardless of where the
procurement is actually made), the request for additional funds should
be made by the Central Office contracting division.
(2) When requirements are submitted to a regional contracting
division (regardless of where the acquisition is made), the request for
additional funds will be made by the order processing and control
activity in the region initially receiving the requirement.
(54 FR 26486, June 23, 1989, as amended at 56 FR 15288, Apr. 16,
1991)
48 CFR 501.602-3 Ratification of unauthorized commitments.
(a) Authority. Under FAR 1.602-3, contracting officers may ratify
unauthorized contractual commitments if the HCA approves the
ratification action. The HCA may not redelegate this authority.
(b) Procedures. (1) Generally, the Government is not bound by
commitments made by persons who do not have contracting authority. Such
unauthorized acts may violate laws or regulations. Therefore,
unauthorized commitments should be considered as serious employee
misconduct and consideration given to initiating disciplinary action.
If suspected irregularities may involve fraud against the Government, or
any type of misconduct that might be punishable as a criminal offense,
either the employee's supervisor or the contracting officer must
immediately report the matter to the Office of the Inspector General
with a request for a complete investigation.
(2) The individual who made the unauthorized commitment shall furnish
the appropriate contracting director all records and documents
concerning the commitment and a complete written statement of facts,
including, but not limited to, a statement as to why normal acquisition
procedures were not followed, why the contractor was selected and a list
of other sources considered, description of work or products, estimated
or agreed-upon contract price, citation of appropriation available, and
a statement regarding the status of the performance. Under exceptional
circumstances, such as when the person who made the unauthorized
commitment is no longer available to attest to the circumstances of the
unauthorized commitment, the contracting director may waive the
requirement that the responsible employee initiate and document the
request for ratification, provided that a written determination is made
stating that a commitment was in fact made by an employee, who must be
identified in the determination.
(3) The contracting director will assign the request to a contracting
officer for processing. The contracting officer shall prepare a summary
statement of facts addressing the limitations in FAR 1.602-3(c)
recommending whether or not the transaction should be ratified. Advice
against express ratification should include a recommendation for other
appropriate disposition. When ratification is not permissible due to
legal improprieties in the procurement, the contracting officer may
recommend that payment be made for services rendered on a quantum meruit
basis (the reasonable value of work or labor) or for goods furnished on
a quantum valebant basis (the reasonable value of goods sold and
delivered) provided there is a showing that the Government has received
a benefit. (See FAR 1.602-3(d).)
(4) The request for ratification, the information required by
paragraph (b)(3) of this section and a recommendation for corrective
action to preclude recurrence, must be forwarded, through appropriate
channels to the HCA for consideration.
(5) The HCA shall approve the ratification in writing, or direct
other disposition as appropriate. Acquisitions approved for
ratification are returned to the contracting officer for issuance of the
necessary contractual documents. If the request for ratification is not
justified, the HCA will return the request without approval and provide
a written explanation for the decision not to approve ratification.
(6) HCAs shall maintain a separate file containing a copy of each
request for approval to ratify an unauthorized contractual commitment
and a copy of the response. This file must be made available for review
by the Office of Acquisition Policy and the Inspector General.
48 CFR 501.603 Selection, appointment, and termination of appointment.
48 CFR 501.603-1 General.
The contracting officer warrant program (COWP) is the system
established for the selection, appointment, and termination of
appointment of contracting officers.
48 CFR 501.603-3 Appointment.
(a) The Associate Administrator for Acquisition Policy appoints all
contracting officers except as provided in paragraph (b) of this
section. Nominations for appointment by the Associate Administrator are
submitted by the HCA or Chairperson of the COWP Board, if authorized by
the HCA, on a GSA Form 3410, Request for Appointment. The Request for
Appointment must be accompanied by a GSA Form 3409, Personal
Qualifications Statement for Appointment as a Contracting Officer,
prepared and signed by the candidate.
(b) Heads of contracting activities (HCAs) or designee(s) (division
director or higher level official) may delegate authority by memorandum
to the employee to make purchases not to exceed $500, and issue Standard
Form 145, Telephone Service Request (TSR), for tariff services on, or in
conjunction with, existing telephone systems, to regulated local
exchange telephone companies. Designees may not redelegate the
authority to appoint contracting officers and may not serve as
contracting officers by virtue of the designation by the HCA. Memoranda
delegating authority to issue TSRs must state that the authority does
not apply to Rate Stabilization Plans or orders for new Centrex service
on a site level basis, except for new locations that require interim,
temporary, small or emergency service. Requests for delegation of
contracting authority may be made by branch chiefs or equivalent or by
the Zonal IRMS Program Support Branch Chiefs with respect to TSRs.
Requests may be made by memorandum and must include the candidate's
name, title, and organizational location; a brief explanation of the
need for authority; a brief description of the individual's
qualifications; and a certification that the candidate has received the
training required by 501.603-70(h)(1) (i) or (x) as applicable.
(c) In order to be appointed candidates must either have achieved
certification under GSA Order, GSA Occupational Certification Program
(OAD 9410.1) or meet experience and training requirements as provided in
501.603-70. Candidates who do not meet this requirement may nonetheless
be eligible for an interim appointment. Candidates for interim
appointment at the intermediate warrant level must complete all the
basic level courses and three intermediate level courses before the
appointing official will consider a request for appointment. Candidates
for interim appointment at the unlimited warrant level must complete all
the basic level courses and complete five intermediate level courses
before the appointing official will consider a request for appointment.
These restrictions do not apply to realty leasing or sales warrants. In
order to maintain an interim warrant, the warrant holder must complete
at least two required but untaken, courses each year following
appointment until all the requirements are met. Exceptions may be
granted for good cause.
(d) The Associate Administrator for Acquisition Policy appoints
contracting officers at the basic, intermediate or unlimited level using
the Standard Form 1402, Certificate of Appointment. The original
Certificate of Appointment (SF-1402) will be provided to the appointed
contracting officer and should be displayed at the contracting officer's
duty station. A copy of the Certificate of Appointment will be
forwarded to the appropriate HCA or Chairperson of the COWP Board and to
the Office of Finance.
(56 FR 15288, Apr. 16, 1991)
48 CFR 501.603-4 Termination.
(a) The appointing official may terminate the appointment of a
contracting officer at any time.
(b) If the Associate Administrator for Acquisition Policy appointed
the contracting officer, the HCA shall notify the Associate
Administrator by letter when a contracting officer --
(1) Resigns;
(2) Transfers to another agency or is reassigned to another office
within GSA;
(3) Is terminated, or otherwise disciplined for malfeasance or
incompetence; or
(4) No longer has a need for the appointment.
(c) HCA may suspend the appointment of a contracting officer
including those appointed by the Acquisition Administrator, where there
is reason to believe that the contracting officer has failed to exercise
sound business judgment or for other improprieties in carrying out the
responsibilities incident to serving as a contracting officer. The
suspension shall be for a temporary period, pending the Associate
Administrator's determination whether the appointment should be
terminated. The HCA shall promptly notify the Associate Administrator
of the action and provide a recommendation for termination or
continuation of the appointment.
(56 FR 15288, Apr. 16, 1991)
48 CFR 501.603-70 Contracting officer warrant program (COWP).
(a) General. The purpose of the COWP is to provide for the
appointment of qualified individuals as contracting officers in
accordance with organizational requirements for contracting authority.
Factors to be considered in determining the number of contracting
officers appropriate for a given organization include volume of actions,
complexity of work, and organizational structures.
(b) Applicability. The program applies to all contracting officers
except those appointed under the Inspector General Act (Pub. L.
95-452).
(c) Definitions.
Appointing official means the Associate Administrator for Acquisition
Policy, or for purchases of $500 or less and of telephone service from
regulated local exchange telephone companies for tariff service on or in
conjunction with existing telephone systems, the head of the contracting
activity (HCAs) or designee(s) (division level or higher).
Contracting Officer Representative (COR) means a Government employee
designated in writing by the contracting officer (CO), by name and
position title, who is authorized to take action for the contracting
officer with specified limitations. A contracting officer may not
authorize a COR to issue change orders or otherwise modify a contract
unless the COR is a warranted contracting officer.
Delivery order means an order for supplies and/or services placed
against an already established contract under the terms and conditions
of the contract.
Established source contract means a contract established by GSA or
another Federal agency that authorizes or requires GSA to place orders
against the contract. (See Part 8 of the FAR.)
Warrant Limitations means limitations which, in addition to the FAR,
GSAR, laws, Executive Orders, GSA Orders, and other applicable
regulations, are imposed on the authority of contracting officers, and
set forth in the Certificate of Appointment (Standard Form 1402).
Warrant limitations may include but are not limited to requirements for
prior reviews, approvals, and other controls.
(d) Responsibilities -- (1) Associate Administrator for Acquisition
Policy. As the Procurement Executive for GSA, the Associate
Administrator for Acquisition Policy is responsible for providing
management direction of the procurement system, maintaining a
procurement career management program to ensure a professional
workforce, and appointing contracting officers in accordance with FAR
1.603 and 501.603.
(2) Heads of contracting activities. The heads of contracting
activities (HCA) (see 502.1) or designee(s) (division director or higher
level official) are responsible for delegating authority to make
purchases that do not exceed $500 and to issue Standard Form 145,
Telephone Service Request (TSR), for tariff services on or in
conjunction with existing telephone systems to regulated local exchange
telephone companies. HCAs are also responsible for conducting effective
and efficient acquisition programs. HCAs must establish training plans
for contracting personnel and budget for funds to implement such plans;
monitor the performance of contracting officers; and establish controls
to ensure compliance with applicable laws, regulations, procedures and
the dictates of management practice.
(3) Contracting Officer Warrants Boards. The HCA appoints the
Chairperson of the COWP Board. The Chairperson appoints the board
members and receives, evaluates, and processes requests for appointment
of contracting officers at the basic, intermediate and senior levels
under the COWP. The warrant board consists of supervisory personnel at
the SES or GM/GS-14/15 levels representing contracting offices within
the contracting activity and, in an advisory capacity, representatives
of the Office of Personnel and the Office of General Counsel.
(4) Regional Acquisition Management Staff (RAMS). The RAMS shall
assist the HCA in the administration of the COWP, issue procedures for
the operation of the program at the regional level, recommend program
changes when necessary, analyze proposed regional courses and training
material and recommend them for fulfilling the requirements of the COWP,
maintain detailed training records for each contracting officer (except
contracting officers with $500 or telephone service level warrants), and
ensure that appropriate forms required by the Office of Finance are
provided to the Office of Finance.
(e) Types of appointments -- (1) Interim. An interim appointment is
made to a candidate who does not meet the minimum requirements for a
permanent appointment. Such appointments are for a specified time and
provide for the scheduling and completion of required training within a
reasonable period of time. At least two of the required courses or
equivalency tests must be successfully completed each year after the
date of appointment to avoid termination of the appointment. The Office
of Acquisition Policy and the RAMS periodically review training records
of individuals with interim appointments to determine whether they are
making adequate progress towards completion of required training.
(2) Permanent. A permanent appointment is made to a candidate who
meets all requirements for experience and training at the time the
appointment is made. For those contract specialists mandated to be in
the GSA Occupational Certification Program (OAD 9410.1), the candidate
must be certified as a full-performance level contract specialist.
Permanent appointments may be made for a specified period if the need
for contracting authority is limited to a specific period of time.
(f) Warrant levels. The following warrant levels are equated with
dollar value of individual transactions (e.g., contract, modification,
supplemental agreement, etc.) and not the aggregate contract value:
$500 -- Up to and including $500 per open market purchase or per
order placed against established source contract.
Basic -- Up to and including $25,000 per open market purchase or the
maximum order limitation for orders placed against established source
contracts.
Intermediate -- Up to and including $100,000 per contract or the
maximum order limitation for orders placed against established source
contracts.
Senior -- Unlimited.
Telephone Services -- (IRMS employees only) -- Unlimited authority to
issue Standard Form 145, Telephone Service Request (TSR), for tariff
services on, or in conjunction with, existing telephone systems to
regulated local exchange telephone companies.
(g) Experience requirements. The following experience requirements
apply to contracting officer candidates for the various warrant levels.
(1) Basic. Candidates must have at least 1 year of current (within
last 5 years) contracting experience with progressive assignments
leading to broader technical ability.
(2) Intermediate. Candidates must have at least 2 years of current
(within last 5 years) contracting experience with progressive
assignments leading to broader technical ability.
(3) Senior. Candidates must have at least 3 years of current (within
last 5 years) contracting experience with progressive assignments and
broader technical ability.
(h) Training requirements -- (1) Mandatory training to qualify for
appointment. A contracting officer candidate must complete the minimum
core training requirements described below. The training may be
provided in-house by GSA employees under formal training programs
established for such purpose, by any generally recognized training
organization of the Federal Government or by the private sector. The
Office of GSA Acquisition Policy (VP) may be contacted for information
on sources of appropriate training. To qualify for an intermediate
level warrant, a candidate must complete the basic and intermediate
level training. A candidate must complete the basic, intermediate, and
senior level training in order to qualify for a senior level warrant.
Supervisors are responsible for providing their employees with advice
and assistance necessary to complete this required training. Mandatory
training for a permanent warrant designation includes the following
general topics as a minimum:
(i) $500 Level. Candidates for appointment must receive a minimum of
4 hours on-the-job orientation or formal training on small purchase
procedures. Individuals that have taken formal training courses on
small purchases or basic procurement meet the requirement for 4 hours of
training. The training may be provided by contracting officers, senior
procurement personnel, or a member of the RAMS staff on the basic
principles of small purchasing, the requirements for use of established
sources, and the responsibilities and obligations of contracting
officers.
(ii) Basic level (Does not apply to realty leasing and sales
personnel)
(A) Small Purchases/Schedule Contracts -- 40 hours;
(B) Basic Procurement or Introduction to Contracting -- 40 hours;
(C) Contract Administration for Program Personnel -- 40 hours;
(Applicable to Buildings Managers Only);
(D) Basic Fleet Management Procurement -- 40 hours (Only course
required for Fleet Managers).
(iii) Non-1102 COs. COs not classified as 1102 employees and who do
not make open market purchases greater than small purchases will not be
required to take the Basic Procurement course.
(iv) Intermediate level (Does not apply to realty leasing & sales
personnel).
(A) Government Contract Law -- 80 hours.
(B) Contracting by Sealed Bidding -- 40 hours.
(C) Contracting by Negotiation -- 40 hours.
(D) Government Contract Negotiation Techniques -- 40 hours.
(E) Cost and Price Analysis -- 40 hours.
(F) GSA Price Analysis -- 40 hours.
(G) Government Contract Administration -- 40 hours.
(H) Government Contract Termination -- 40 hours.
(I) ADP Contracting -- 40 hours (applicable to ADP acquisition
personnel only).
(J) Contracting for Services -- 40 hours.
(K) Public Utility Contracts -- 40 hours (applicable to personnel
handling public utility procurements).
(L) Contracting for Architect/Engineer services -- 40 hours
(applicable to personnel handling Architect/Engineer service
procurements).
(M) Construction Contracting -- 40 hours (applicable to personnel
handling procurement of construction).
(v) Senior level (over $100,000). (Does not apply to realty leasing
and sales personnel)
(A) Executive Seminar in Acquisition -- 24-40 hours;
(B) Advanced Contract Administration -- 40 hours.
(vi) Realty leasing personnel. (A) Federal Real Property Leasing or
Basic Lease Contracting -- 40 hours.
(B) Real Estate Law or Federal Real Property Lease Law -- 40 hours.
(C) Government Contract Negotiation Techniques -- 40 hours.
(D) Cost and Price Analysis or Pricing of Lease Proposals -- 40
hours.
(E) Real Estate Appraisal Principles -- 40 hours.
(vii) Real property sales contracting personnel.
(A) Basic Procurement -- 40 hours.
(B) Government Contract Law -- 80 hours.
(C) Contracting by Negotiation -- 40 hours.
(D) Utilization and Disposal of Real Property -- 40 hours.
(viii) Personal property sales contracting personnel.
(A) Personal Property Utilization and Disposal -- 40 hours.
(B) Personal Property Sales -- 80 hours.
(C) Disposal Contract Law -- 40 hours or Government Contract Law --
40 hours (Senior level only).
(D) Disposal by Negotiation or Government Contract Negotiation
Techniques -- 40 hours (Senior level only).
(ix) Construction contracting officer representatives (CORs).
Individuals nominated for warrants limited to the issuance of change
orders up to $25,000 are required to complete the Basic Procurement
course and the Construction Contracting course. Special COR warrants
above the basic level will require the completion of all courses
required for construction contracting at the higher level.
(x) IRMS telecommunications personnel. Individuals nominated to
issue TSRs for tariff services on, or in conjunction with, existing
telephone systems to regulated local exchange telephone companies must
receive on-the-job orientation or formal training on the proper
procedures for issuing TSRs and on the responsibilities and obligations
of contracting officers.
(2) Substitution of experience for training. Individuals currently
serving and classified in 1102 positions for an uninterrupted period of
3 years will not be required to take the basic level courses if they are
proposed for intermediate or senior level warrants. Individuals
proposed for personal property sales warrants who are classified in 1104
positions, excluding marketing positions, for an uninterrupted period of
3 years will not be required to take the Personal Property Utilization
and Disposal course.
(3) Equivalency Tests. Tests administered either by the GSA Office
of Personnel, DOD training facilities or other professional
organizations may be taken as an alternative to training with the
written approval of the Office of Acquisition Policy. The GSA training
office may be contacted for referral to DOD testing facilities such as
Fort Lee, VA.
(4) Continuing education requirement for contracting officers. As a
condition of continuing designation, all contracting officers, except
those with a $500 or telephone service level warrant or those on interim
appointments, must complete 16 hours (for basic level warrants) or 40
hours (for intermediate or unlimited level warrants) of formal
acquisition-related training within each 3-year period after the date of
issuance of a permanent warrant in order to maintain competency. To
fulfill the continuing education requirement, contracting officers may
attend refresher training courses, advanced acquisition courses (i.e.,
Advanced Contract Administration, Advanced Cost and Price Analysis,
etc.), courses designed to broaden knowledge (i.e., Source Selection
Procedures, Contract Quality Assurance, Evaluating Contractor
Performance, etc.), courses related to procurement Ethics/Standards of
Conduct, or courses that will expand the contracting officers knowledge
of the property or service that the contracting officer is responsible
for acquiring.
(i) Contracting officer designation to provide support during
domestic and national security emergencies. (1) The HCA, or the
Chairperson of the COWP Board if authorized by the HCA, may designate
individuals in GSA organizational units who have already been appointed
as contracting officers to provide contracting support in response to a
domestic or national security emergency (see GSA Order, National
Security Support Program (ADM P 2400.17) for definition of national
security emergency and Domestic Emergency Assistance Program (ADM P
2400.16) for definition of domestic emergency). If so designated the
contracting officer may, notwithstanding an organizational limitation on
the Certificate of Appointment (SF-1402), enter into contracts on behalf
of any GSA organizational element in order to respond to a domestic or
national security emergency.
(2) The HCA, or the Chairperson of the COWP Board if authorized by
the HCA, may nominate and the Associate Administrator for Acquisition
Policy may appoint contracting officers with limited authority to enter
into contracts required to respond to domestic or national security
emergencies. Candidates for such appointments must meet the experience
and training requirements in 501.603-70(g) and (h).
(3) The HCA, or the Chairperson of the COWP Board if authorized by
the HCA, may nominate individuals for appointment as contracting
officers at the basic or intermediate level in order to meet GSA's
normal day-to-day needs and for appointment at the intermediate or
unlimited level respectively for contracts required to respond to a
domestic or national security emergency. Candidates for such
appointments must take the Contracting by Negotiation course to be
warranted at the intermediate or senior level.
(54 FR 26486, June 23, 1989, as amended at 56 FR 15289, Apr. 16,
1991; 57 FR 14649, Apr. 22, 1992)
501.670 Legal review and assistance.
48 CFR 501.670-1 Policy.
The Office of General Counsel is responsible for ensuring compliance
with the laws and regulations applicable to, and policies of, the
agency. This section sets forth the responsibilities of legal counsel
and agency personnel involved in any aspect of the contracting process
(from policy and planning through contract completion or termination and
closeout) in obtaining and providing legal review and assistance. It is
agency policy that Office of General Counsel attorneys will be major
participants in the contracting process. Subject to the provisions of
this section 501.670, authority to make contracting decisions is vested
in the contracting officer. Legal counsel is responsible for legal
advice furnished by them and for the legal sufficiency of such
contracting decisions. Contracting officers and other contracting
personnel are entitled to rely upon legal counsel and technical and
audit advice received from other appropriate agency experts but are
solely responsible for all other aspects of their contracting decisions.
Contracting officers and other contracting personnel shall not, absent
prior legal review or assistance, as required, proceed with proposed
actions requiring legal review or assistance pursuant to this section
501.670. Contracting officers and other contracting personnel may
request, through the appropriate level official within their service or
staff office, and are entitled to, review of legal advice at higher
levels within the Office of General Counsel. Supervisory personnel are
responsible for assuring that their subordinates comply with the
provisions of this section.
48 CFR 501.670-2 Definitions.
Contract has the meaning ascribed to it in FAR 2.101, and includes
real property leases.
Contracting, as used in this section, means the acquisition or
disposal by contract (includes small purchases and leases) of any
services or interest in real or personal property. To the extent that
specific language reflects terminology used in procurement, the
counterpart terminology is intended for matters involving disposals.
Legal assistance means a process whereby legal counsel provides legal
advice and guidance on questions or problems that arise during any phase
of the acquisition process.
Legal counsel means the attorney employed by the Office of General
Counsel (including offices of Regional Counsel) assigned to provide
legal review or assistance.
Legal review means a formal process whereby legal counsel analyzes a
matter to ensure legal sufficiency, i.e., that the proposed action is in
compliance with applicable laws, regulations and policy and is prudent
in light of related legal considerations, e.g., other contracts with the
same or other contractor, or claims, disputes or litigation concerning
the same or other contracts.
Modification means any deletion from, or alteration or change of, or
addition or supplement to, a contract or solicitation.
Offer has the meaning ascribed to it in FAR 2.101.
Solicitation, as used in this section, means solicitations for
offers, invitations for bids, requests for proposals, and any other kind
of document inviting, soliciting, or requesting the submission of a bid,
offer, or proposal in connection with a procurement or disposal.
48 CFR 501.670-3 Responsibilities.
(a) Subject to the provisions of this section, contracting officers
have the authority and responsibility for making contracting decisions.
Agency personnel involved in any aspect of the contracting process (from
policy and planning through contract completion or termination and
closeout) shall:
(1) Obtain approval for legal sufficiency before taking actions that
require legal review under this section.
(2) Obtain legal assistance before taking actions that require legal
assistance under this section, provided this section shall not be
construed as either (i) prohibiting contracting officers or other
contracting personnel from proceeding, in contravention of advice of
legal counsel, with an action requiring legal assistance or, (ii) as
absolving contracting officers or other agency personnel from
responsibility for so proceeding.
(3) Provide assigned legal counsel with all pertinent information
including facts, points at issue and rationale for proposed action.
(4) Request legal review or assistance in a timely fashion so that
legal counsel has time to respond.
(5) Document files to reflect legal counsel's concurrence and
comment, if any.
(b) The Office of General Counsel is responsible for ensuring
compliance with the laws and regulations applicable to, and policies of,
the agency. Assigned legal counsel is responsible for --
(1) The legal review and assistance furnished and for the legal
sufficiency of contracting decisions which result from same.
(2) Providing timely legal review and assistance on a broad range of
legal and policy problems arising during the contracting process.
(3) Ensuring that proposed contractual actions and issuances comply
with applicable laws, regulations and policy.
(c) Supervisory personnel are responsible for ensuring that their
subordinates comply with this section.
48 CFR 501.670-4 Legal review.
(a) Action must not be taken on the following matters without
obtaining legal counsel's prior written approval for legal sufficiency,
unless this requirement is waived in accordance with paragraph (c) of
this section.
(1) With respect to the outleasing of real property that is not
surplus, and the acquisition of areawide or single delivery point
utility services in excess of $150,000, the (i) issuance of
solicitations (including modifications thereof), and (ii) the award of
contracts (and modifications thereof).
(2) With respect to the disposal (by sale, outlease or otherwise) of
surplus real property, the (i) issuance of solicitations (and
modifications thereof), (ii) the award of contracts (and modifications
thereof), and (iii) the transmittal of explanatory statements.
(3) Award of any contract which requires pre-award or post-award
clearance by the Office of Acquisition Policy or by a service or
regional clearance office under GSA Order, Contract Clearance (APD
2800.1B), and modifications thereof.
(4) Determinations and findings required by the FAR, GSAR, or other
appropriate authority (see FAR subpart 1.7 and GSAR subpart 501.7) and
justifications to use other than full and open competition (see FAR
subpart 6.3).
(5) Solicitations which deviate from provisions or clauses prescribed
in the FAR or GSAR, unless a class deviation has been approved under
501.404, or which include new provisions or clauses that have not been
reviewed for legal sufficiency.
(6) Solicitations involving repurchase action against a defaulted
contract.
(7) Decisions involving the nonapplication of, or any exemption to be
taken from, the subcontracting plan requirements of Pub. L. 95-507.
(8) Late offers and modifications.
(9) Offers indicating that a contingent fee has been, or may be,
paid.
(10) Alleged mistakes in offers.
(11) Protests, including small business size protests, filed with the
agency, the General Accounting Office (GAO), General Services
Administration Board of Contract Appeals (GSBCA), or the Small Business
Administration.
(12) Matters involving the disclosure of offers before opening in
sealed bidding or before award in negotiation.
(13) Proposed letter contracts.
(14) Ratification of unauthorized contractual commitments.
(15) Proposed determinations to reject all offers and cancel a
solicitation for reasons other than unreasonable prices.
(16) Assignments of amounts due or to become due under contracts and
change of name or novation agreements.
(17) Contract disputes, claims and final decisions of any nature,
regardless of the contracting officer's proposed position.
(18) Memoranda of position and appeal files in cases appealed to the
GSBCA or Claims Court.
(19) Matters relating to litigation before the courts or the GSBCA.
(20) Termination actions of any nature, including pretermination
(i.e., ''cure'') letters.
(21) Assessments of costs, including administrative and excess
reprocurement cost.
(22) Recommendations and other actions relative to suspending or
debarring a concern or individual.
(23) Freedom of Information Act, Privacy Act, and standards of
conduct matters.
(24) Proposed responses to Congressional inquiries, and to General
Accounting Office (GAO) and Inspector General audit reports which
pertain to the legality of proposed or past actions.
(25) Deviations from FAR, GSAR, or other directives.
(26) Regulations, orders, directives or other issuances (e.g. clause
manuals, guide solicitation, etc.) affecting the acquisition process.
(27) Contracts for advisory and assistance services subject to GSA
Order, Procurement of Advisory and Assistance Services (ADM 2800.12D).
(b) Agency officials, in conjunction with legal counsel, are
encouraged to establish more stringent supplemental criteria for legal
review when resources are available. Copies of supplemental criteria
should be forwarded to the Associate Administrator for Acquisition
Policy and to the General Counsel.
(c) Absent the consent of the submitting official or good cause shown
by legal counsel, legal review of matters submitted therefor to legal
counsel shall be deemed waived unless written approval or disapproval
thereof is furnished to the submitting official by close of official
business on the second full business day following legal counsel's
receipt thereof.
(d) Legal review of the following types of contract modifications is
not required:
(1) Administrative modifications (i.e., modifications that do not
affect the contract term, price, quality or quantity of work, contract
requirements, or the completion date/time of delivery).
(2) Modifications (i) to exercise options that were priced and
evaluated, or (ii) to increase the estimated contract cost under the
Limitation of Cost clause in cost-reimbursable contracts.
(3) Modifications to real property leases (i) establishing occupancy
dates, (ii) settling debits and credits under unit price allowances and
ratios, (iii) for lease alterations not subject to clearance pursuant to
APD 2800.1B if to be paid on a lump sum basis and not impacting
operating cost or maintenance requirements, (iv) effecting tax or CPI
operating cost escalations/deescalations, or (v) changing the percentage
of Government occupancy.
(4) Routine modifications to schedule contracts and FSS stock or
special order program contracts.
(5) As to IRMS contracts, routine modifications to multiple award
schedule contracts.
(e) As to FPRS real property disposal by competitive sale, no
pre-award contract review is required where the solicitation and any
modification thereof have been approved pursuant to 501.670-4(a)(2) and
the proposed awardee's offer conforms in all respects to the terms of
such solicitation.
(54 FR 26486, June 23, 1989, as amended at 56 FR 47004, Sept. 17,
1991)
48 CFR 501.670-5 Legal assistance.
(a) Agency personnel shall pay special attention to the following
areas, present problems or questions to legal counsel and, when such
problems or questions are presented, defer relevant action until legal
assistance has been received and fully considered or waived:
(1) Preliminary questions or problems relating to matters requiring
legal review.
(2) Questions concerning the proper use of appropriations or other
funds and sensitive or confidential issues.
(3) Matters involving: (i) Application of the Buy American Act or
related provisions of law, (ii) application of the labor statutes (e.g.
Walsh-Healey Act, Service Contract Act, etc.), (iii) small business or
labor surplus area concerns, (iv) consideration of subcontracting plans
as required by Pub. L. 96-507, (v) withholding of payments to
contractors for Department of Labor labor standards violations, (vi) the
adequacy of bid guarantees and payment or performance bonds, (vii)
competitive range determinations, or (viii) evaluation of offers.
(4) Matters relating to: (i) Nonresponsiveness of bids and
nonresponsibility of contractors; (ii) contractor indebtedness,
bankruptcy, or financing; (iii) use of special and directed sources of
supply, e.g. procurement of supplies from Federal Prison Industries or
of supplies or services from workshops for the blind and other severely
handicapped; and (iv) eligibility to use GSA supply sources.
(5) When unusual or novel procurements are contemplated.
(6) Contract administration matters that involve legal issues or
concerns.
(7) Questions raised during debriefing of offerors.
(8) When there is doubt or controversy as to the legal sufficiency of
an action, or the interpretation or application of existing statutes,
regulations and policies.
(9) Real property disposal plans.
(b) Agency personnel are urged to notify legal counsel in advance of
meetings scheduled with legal representatives of outside parties,
meetings where legal issues are likely to be discussed, and negotiations
of complex contracts, and modifications thereto. Legal counsel shall,
whenever feasible, attend such meetings and negotiations and furnish
legal advice to the attending agency personnel.
(c) Legal assistance shall be furnished not later than the time
specified in 501.670-4(c) or the requirements therefor shall be deemed
waived.
48 CFR 501.670-6 Waivers.
The General Counsel or Deputy General Counsel may waive, in writing,
legal review requirements on a case-by-case basis or class basis. An
Associate General Counsel or Regional Counsel may waive, in writing,
legal review requirements on a case-by-case basis. These authorities
are not delegable.
48 CFR 501.670-6 Subpart 501.7 -- Determinations and Findings
48 CFR 501.700 Scope of subpart.
This subpart provides general information on the content and format
of determinations and findings (D&Fs). Specific information on the
various D&Fs can be found in the FAR or GSAR part that requires the D&F.
This subpart is not an all-inclusive listing of D&F requirements.
48 CFR 501.704 Content.
48 CFR 501.704-70 Sample formats.
(a) Type of contract -- (1) Cost reimbursement contracts. The
following is prescibed for determinations required by FAR 16.301-3,
16.302, 16.303, 16.304, 16-305, 16.306, 16.403, and 16.404.
I hereby find that:
(1) The (Service/Office title) proposes to contract for (describe
work, service, or product) (identify program or project). The estimated
cost is ($XXXX) (if contract is CPFF type, insert ''plus a fixed fee of
($XXXX) which is ($XXXX) percent of the estimated cost exclusive of
fee'').
(2) (Explain why it is impracticable to secure property or services
of the kind or quantity required without using the proposed type of
contract or why the proposed method of contracting is likely to be less
costly than other methods.)
(3) These findings are made pursuant to (cite appropriate statute
and/or regulation).
I hereby determine that:
On the basis of the above findings, it is impracticable to secure the
property or services of the kind or quality required without using a
(cost, cost-sharing, or cost-plus-a-fixed-fee*) type of contract, or the
(cost, cost sharing, or cost-plus-a-fixed-fee**) method of contracting
is likely to be less costly than other methods.*
Date:
--
(Signature)
* Use applicable word or statement.
** Use applicable words.
(2) Time and material or labor-hour contracts. The format prescribed
by subparagraph (a)(1) of this section must be followed except that the
final paragraph must read substantially as follows:
I hereby determine that:
On the basis of the above findings, no other type of contract is
suitable for this procurement.
(3) Letter contracts. The following format is prescribed for
determinations required by FAR 16.603-3:
I hereby find that:
(1) The (Service/Office title) proposes to contract for (describe the
work, service, or product) (identify program or project). The estimated
cost is $XXXX (complete if possible).
(2) (Explain why no other contract is suitable. Explain why the
Government's interests demand that the contractor be given a binding
commitment so that work can start immediately, and why it is not
possible to negotiate a definitive contract in time to meet the
requirements.)
(3) These findings are made pursuant to (cite appropriate statute
and/or regulations).
I hereby determine that:
On the basis of the above findings, it is impracticable to secure the
property or services of the kind or quality required within the
timeframe required without the use of a letter contract.
Date:
--
(Signature)
(b) Use of procedures that are less than full and open competition.
(1) Exclusion of source(s). The following format is prescribed for
determinations and findings made under section 303(b)(1) of the Federal
Property and Administrative Services Act (41 U.S.C. 253(b)(1)) and FAR
6.202.
I hereby find that:
(1) The (Service/Office title) proposes to procure (describe work to
be performed or product to be delivered) (identify program or project
and state estimated contract price).
(2) (Explain why it is necessary to exclude a particular source(s) in
order to establish or maintain an alternative source or sources for the
supplies or services being acquired. Explain how this action will (a)
increase or maintain competition and likely result in reduced overall
costs, (b) be in the interest of national defense by having a facility
available for furnishing the supplies or services in case of a national
emergency or industrial mobilization, or (c) be in the interest of
national defense by establishing or maintaining an essential
engineering, research, or development capability to be provided by an
educational or other nonprofit institution or a federally funded
research and development center.)
I hereby determine that:
On the basis of the above findings, it is necessary to exclude
(identify source(s)) from (identify the contract action) in order to
establish or maintain an alternative source or sources for the supplies
or services being acquired because to do so will (describe benefits as
required by FAR 6.202).
Date:
--
(Signature)
(2) Not in public interest. The following format is prescribed for
determinations and findings made under section 303(c)(7) of the Federal
Property and Administrative Services Act (41 U.S.C. 253(c)(7)) and FAR
6.302-7:
I hereby find that:
(1) The (Services/Office title) proposes to procure (describe work to
be performed or product to be delivered) (identify program or project
and state estimated contract price).
(2) (The contents of the justification prepared by the contracting
officer, in accordance with FAR 6.302-7 and 6.303-2, shall be included
as a part of the findings to support the determination.)
I hereby determine that:
On the basis of the above findings, it is not in the public interest
to provide for full and open competition in the procurement of (describe
work to be performed or product to be delivered) (identify program or
project).
Date:
--
(Signature)
(c) Advance payments. The format for advance payment determinations
and findings is set forth in FAR 32.410.
(d) Buy American. The prescribed format for nonavailability
determinations and findings required by FAR 25.102(a)(4) and
25.202(a)(3) is set forth in 525.108-70.
(e) Determinations pending decision on protest to GAO -- (1) Protest
filed before award. The following format is prescribed for
determinations and findings required by FAR 33.104(b):
I hereby find that:
(1) The (Services/Office title) proposes to procure (describe work to
be performed or product to be delivered). The estimated cost is XXXX.
(2) Solicitation (identify solicitation) was issued on XXXX and bids/
proposals were received on XXXX.
(3) On XXXX (insert date GAO received protest) (identify protestor by
name) submitted a protest to GAO concerning the solicitation (identify
solicitation).
(4) (Set forth urgent and compelling circumstances that significantly
affect the interests of the United States and will not permit waiting
for the decision of GAO on the protest).
(5) Award is anticipated within 30 calendar days from the date this
determination and findings is signed.
(6) These findings are made pursuant to 31 U.S.C. 3553(c)(2) and FAR
33.104(b)(1).
I hereby determine that:
On the basis of the above findings, urgent and compelling
circumstances will not permit waiting for the decision of the GAO on the
protest filed by (identify protestor and solicitation).
Date:
--
(Signature)
(2) Protest filed after award. The following format is prescribed
for determinations and findings required by FAR 33.104(c):
I hereby find that:
(1) The (Services/Office title) awarded a contract to (name
contractor) on XXXX for furnishing of (identify product, service or work
to be performed). The contract is valued at XXXX and resulted from
solicitation XXXX.
(2) On XXXX (insert date GAO received protest) (identify protestor by
name) submitted a protest to GAO concerning contract number XXXX.
(3) (Explain that: (a) continued contract performance will be in the
best interest of the United States; or (b) urgent and compelling
circumstances exist that significantly affect the interests of the
United States and will not permit waiting for the GAO's decision).
(4) These findings are made pursuant to 31 U.S.C. 3553(d)(2) and FAR
33.104(c)(2).
I hereby determine that:
On the basis of the above findings, (either (a) continued contract
performance will be in the best interest of the United States, or (b)
urgent and compelling circumstances exist that will not permit waiting
for the GAO's decision) and that, accordingly, contract performance
under contract XXXX may continue pending GAO's decision on the protest.
Date:
--
(Signature)
48 CFR 501.707 Signatory authority.
A D&F must be signed by the appropriate official in accordance with
Table 501-1. The FAR frequently refers to determinations being made by
the agency head. Section 309 of the Federal Property and Administrative
Services Act defines agency head and provides that at the option of the
Administrator, the term may include the chief official of any principal
organizational unit of the GSA. The Administrator has authorized the
heads of contracting activities to act as agency head to facilitate the
procurement of property and services under Title III of the Federal
Property and Administrative Services Act. (See GSA Delegation of
Authority Manual, ADM P 5450.39C.) When the applicable statute precludes
redelegation of the authority, the table provides for the Administrator
to sign such D&Fs.
(54 FR 26486, June 23, 1989, as amended at 54 FR 51885, Dec. 19,
1989; 55 FR 37879, Sept. 14, 1990)
48 CFR 501.707 -- PART 502 -- DEFINITIONS OF WORDS AND TERMS
48 CFR 501.707 -- Subpart 502.1 -- Definitions
48 CFR 502.101 Definitions.
Agency competition advocate means the Director of the Office of
Contract Review.
Chief of the contracting office means branch chiefs of Central Office
or regional office branches within divisions that are responsible for
performing contracting and/or contract administration functions except
for FSS. In FSS Commodity Centers, ''chief of contracting office''
means division directors within the Commodity Centers. In Federal
Supply Service Bureaus, ''Chief of Contracting Office'' means branch
chiefs or supervisory equivalents. In PBS, the Director of a Facility
Support Center is considered to be the ''chief of the contracting
office.''
Contracting activity competition advocate means the (1) Director of
the Office of Contract Review, (2) FSS Competition Advocate, Office of
Commodity Management, (3) IRMS Competition Advocate, Office of
Information Resources Management Policy, (4) Special Assistant to the
Director, Program Support Office, FPRS, (5) Deputy Regional
Administrator for Regions 2, 3, 4, 5, 6, 7, 9, and the National Capital
Region and (6) the Senior Advisor to the Regional Administrator for
Regions 8 and 10. The Director of the Office of Contract Review serves
as the contracting activity competition advocate for Central Office
contracting activities outside the FSS, IRMS, and FPRS.
Contracting director means directors of Central Office or regional
office divisions that are responsible for performing contracting and/or
contract administration functions except for FSS. ''Contracting
director'' means directors of Commodity Centers and Federal Supply
Service Bureaus in the FSS.
Head of the contracting activity (HCA) means the Associate
Administrator for Acquisition Policy, Commissioners of the Federal
Supply Service (FSS), Information Resources Management Service (IRMS),
Public Buildings Service (PBS), Federal Property Resources Service
(FPRS), or Regional Administrators (Regions 2, 3, 4, 5, 6, 7, 8, 9, 10
and the National Capital Region). The Associate Administrator for
Acquisition Policy serves as the HCA for Central Office contracting
activities outside of FSS, IRMS, PBS, and FPRS.
Senior procurement executive means the Associate Administrator for
Acquisition Policy.
(57 FR 9213, Mar. 17, 1992)
48 CFR 502.101 PART 503 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
48 CFR 502.101 Subpart 503.1 -- Safeguards
Sec.
503.101 Standards of conduct.
503.101-3 Agency regulations.
503.104 Procurement integrity.
503.104-4 Definitions.
503.104-5 Disclosure, protection, and marking of proprietary and
source selection information.
503.104-7 Postemployment restriction applicable to Government
officers and employees serving as procurement officers and
certifications required from procurement officials leaving Government
service.
503.104-8 Knowing violations, duty to inquire, and ethics advisory
opinions.
503.104-9 Certification requirement.
503.104-10 Solicitation provisions and contract clauses.
503.104-11 Processing violations or possible violations.
503.104-12 Ethics program training requirements.
48 CFR 502.101 Subpart 503.2 -- Contractor Gratuities to Government
Personnel
503.203 Reporting suspected violations of the Gratuities clause.
503.204 Treatment of violations.
48 CFR 502.101 Subpart 503.3 -- Reports of Suspected Antitrust
Violations
503.303 Reporting suspected antitrust violations.
48 CFR 502.101 Subpart 503.4 -- Contingent Fees
503.404 Solicitation provision and contract clause.
503.408 Evaluation of the SF 119.
503.408-1 Responsibilities.
503.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
48 CFR 502.101 Subpart 503.5 -- Other Improper Business Practices
503.570 Advertising.
503.570-1 Policy.
503.570-2 Contract clause.
48 CFR 502.101 Subpart 503.6 -- Contracts with Government Employees or
Organizations Owned or Controlled by Them
503.602 Exceptions.
503.603 Responsibilities of the contracting officer.
48 CFR 502.101 Subpart 503.7 -- Voiding and Rescinding Contracts
503.702 Definitions.
503.705 Procedures.
48 CFR 502.101 Subpart 503.8 -- Limitation on Payment of Funds To
Influence Federal Transactions
503.804 Policy.
503.806 Processing suspected violations.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26496, June 23, 1989, unless otherwise noted.
48 CFR 502.101 Subpart 503.1 -- Safeguards
503.101 Standards of conduct.
48 CFR 503.101-3 Agency regulations.
(a) GSA Standards of Conduct are in Part 105-735 of the General
Services Administration Property Management Regulations (GSPMR) (ADM
7900.9). Authorized exceptions to FAR 3.101-2 are in GSPMR
105-735.202(e). Enforcement procedures are in GSPMR 105-735.101.
(b) The requirement for employee financial disclosure and
restrictions on private employment for former Government employees are
in GSPMR 105-735.4 and 105-735.6.
48 CFR 503.104 Procurement integrity.
48 CFR 503.104-4 Definitions.
Property, as used in FAR 3.104 and in this section, also means
acquisitions of leasehold interests in real property.
(55 FR 39972, Oct. 1, 1990)
48 CFR 503.104-5 Disclosure, protection, and marking of proprietary and
source selection information.
(a) The contracting officer or any other individual who prepares,
makes or controls proprietary and source selection information shall --
(1) Ensure documents are marked as prescribed in FAR 3.104-5(c).
(2) Provide physical security for documents in the office environment
during and after duty hours.
(3) Ensure security of interoffice mailing of documents by using
opaque envelopes, ''double wrapping'' with more than one envelope and
sealing of envelopes.
(4) Maintain strict control over oral communications regarding the
acquisition.
(b) The GSA Form 3611, Cover Page Source Selection Information, may
be used as the cover page for documents that contain source selection
information. The use of the GSA Form 3611 does not eliminate the
requirement to mark each page of the document that contains source
selection information.
(c)(1) The following classes of persons are authorized access to
proprietary and source selection information to the extent necessary to
accomplish their requisite duties and responsibilities with respect to a
particular procurement:
(i) Requirements generators, including client agency representatives,
program and technical experts involved in the development of statements
of work, specifications or similar documents.
(ii) Contracting personnel acting in support of the contracting
officer.
(iii) Secretarial, clerical and administrative personnel of the
contracting activity directly involved in the procurement.
(iv) Supervisors in the contracting officer's chain of command.
(v) Attorneys in the Office of General Counsel and Regional Counsel's
Offices.
(vi) Contract auditors in the Office of Inspector General and
Regional Inspector General's offices.
(vii) Engineers and other technical support personnel who provide
support to the contracting officer.
(viii) Small Business Technical Advisors.
(ix) Small Business Administration (SBA) personnel responsible for
reviewing determining not to set-aside acquisitions, determining the
small business status of offerors under FAR 19.302, processing
applications for Certificates of Competency under FAR subpart 19.6,
reviewing subcontracting plans, or awarding contracts under the 8(a)
program.
(x) Department of Labor (DOL) personnel responsible for making
eligibility determinations under the Walsh-Healey Public Contracts Act
or for processing preaward EEO clearances under FAR 22.805.
(xi) Personnel in the Credit and Finance Branch, Region 6, and other
personnel who provide support to the contracting officer in making
contractor responsibility determinations.
(xii) Personnel serving on technical evaluation boards or source
selection evaluation boards.
(xiii) Contract clearance personnel.
(2) The Associate Administrator for Acquisition Policy may authorize
additional classes of persons access to proprietary or source selection
information.
(3) The contracting officer may authorize persons access to
proprietary or source selection information when such access is
necessary to the conduct of the procurement and to the extent that the
person has a ''bona fide need to know.'' Access must be limited to only
that information needed by the person to perform his/her
responsibilities.
(4) The GSA Form 3617, Record of Authorization of Access to
Proprietary or Source Selection Information, may be used to comply with
the requirement at FAR 3.104-5(d)(2) to maintain the list of individuals
authorized access to proprietary or source selection information at the
contracting activity.
(5) Release of proprietary or source selection information under FAR
3.104-5(d)(3) must be made by letter citing obligation to maintain a
list of persons authorized access to proprietary or source selection
information and to provide the list to the contracting officer for
inclusion in the contract file.
(6) In accordance with FAR 3.104-5(i), the following caution notice
must be prominently displayed on any document that releases proprietary
or source selection information:
This document, or portions thereof, contains proprietary or source
selection information related to the conduct of a Federal agency
procurement, the disclosure of which is restricted by section 27 of the
Office of Federal Procurement Policy Act (41 U.S.C. 423). The
unauthorized disclosure of such information may subject both the
discloser and recipient of the information to contractual, civil, and/or
criminal penalties as provided by law.
(7) For requests from an individual Member of Congress see 505.403.
(55 FR 39972, Oct. 1, 1990, as amended at 55 FR 50700, Dec. 12, 1990)
48 CFR 503.104-7 Postemployment restriction applicable to Government
officers and employees serving as procurement officials and
certifications required from procurement officials leaving Government
service.
(a) The supervisor of each departing GSA employee shall remind the
departing employee that:
(1) He/she is presumed to know if he/she is a procurement official
(see FAR 3.104-8(b)(2));
(2) If he/she is a procurement official at the time of departure,
he/she is subject to certain postemployment restrictions (see FAR
3.104-7), and
(3) If he/she leaves the Government during the conduct of a
procurement expected to result in a contract or modification in excess
of $100,000, he/she must certify to the contracting officer that he/she
understands the continuing obligation, during the conduct of the
procurement, not to disclose proprietary or source selection information
related to the procurement.
A procurement is not considered complete until all actions associated
with the award or modification of the procurement have been taken. A
departing employee must submit the certification to the contracting
officer if he/she participated, in a contract or modification expected
to exceed $100,000 that has not been completed, even though his/her
duties may be complete at the time of departure. The GSA Form 3608,
Procurement Integrity Certification of Departing GSA Procurement
Officials, must be used by departing employees to make the required
certification to contracting officers. The departing employee may list
all contracts or modifications for which he/she is a procurement
official on the GSA Form 3608. The original or a copy of the form must
be submitted to the contracting officer for each contract or
modification listed. Each copy must be annotated to identify the
contracting officer who received the original certification and the
contract number of the contract that the contracting officer is
responsible for so that the contract file with the original
certification can be retrieved, if necessary.
(b) The contracting officer shall obtain the GSA Form 3608 from any
contractor employee serving as a procurement official who ceases
performance of those duties during the conduct of a procurement expected
to result in a contract or modification in excess of $100,000. (See FAR
3.104-10(d) and 52.203-13).
(55 FR 39972, Oct. 1, 1990, as amended at 55 FR 50700, Dec. 12, 1990)
48 CFR 503.104-8 Knowing violations, duty to inquire, and ethics
advisory opinions.
(a) If a contracting officer has not been appointed, the contracting
director shall serve as the Administrator's designee and respond to
inquires under FAR 3.104-8(d) and (e) regarding proprietary and source
selection information.
(b) Requests for ethics advisory opinions under FAR 3.104-8(e) must
be submitted to the appropriate ethics official.
(55 FR 39973, Oct. 1, 1990)
48 CFR 503.104-9 Certification requirement.
Contracting Officer shall submit requests for waiver of certification
requirements under FAR 3.104-9(f)(2) to the HCA for transmittal to the
Senior Procurement Executive (see 502.101). The Senior Procurement
Executive will recommend that the Administrator approve or disapprove
the request.
(55 FR 39972, Oct. 1, 1990)
48 CFR 503.104-10 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert the provision at 552.203-71,
Prohibited Conduct, in solicitations for the acquisition of leasehold
interests in real property which involve both more than 10,000 square
feet of space and terms which exceed 6 months.
(b) The contracting officer shall insert the provision at 552.203-72,
Requirement for Certificate of Procurement Integrity, in solicitations
for the acquisition of leasehold interests in real property expected to
exceed $100,000, unless:
(1) Pursuant to FAR 3.104-9(f) a certification is not required.
(2) A waiver has been granted, or
(3) Expedited leasing procedures are being used (see 570.304-5).
(c) The contracting officer shall insert a clause substantially the
same as the clause at 552.203-73, Price Adjustments for Illegal or
Improper Activity, in solicitations and contracts for the acquisition of
leasehold interests in real property expected to exceed $25,000 and all
contracts and modifications to contracts exceeding $25,000 which do not
already contain the clause when the modification is expected to exceed
$25,000.
(55 FR 39973, Oct. 1, 1990, as amended at 57 FR 37889, Aug. 21, 1992)
48 CFR 503.104-11 Processing violations or possible violations.
(a)(1) The contracting officer's determination that a reported
violation or possible violation of the statutory prohibitions has no
impact on the pending award or selection of a source shall be submitted,
along with supporting documentation, to the HCA or SES designee for
review and concurrence before award of a contract. In addition, the
nature and circumstances of the violation or possible violation,
together with any supporting documentation, must be referred to the
Inspector General in accordance with agency regulations.
(2) The contracting officer's determination that a reported violation
or possible violation of the statutory prohibitions has an impact on the
pending award or selection of a source must be referred along with all
related information available to the HCA, who will:
(i) Refer the matter immediately to the Inspector General.
(ii) Determine the action to be taken on the procurement in
accordance with FAR 3.104-11 (b) and (d).
(b) If the HCA or SES designee determines under FAR 3.104-11(f) that
there are urgent and compelling circumstances, or that it is otherwise
in the Governments interest to award or modify a contract, the HCA or
SES designee shall notify the Administrator.
(55 FR 39974, Oct. 1, 1990)
48 CFR 503.104-12 Ethics program training requirements.
(a) Except as provided in paragraph (b) of this section, the
contracting officer is not responsible for ensuring that another
agency's employee(s), who may function as a procurement official on
behalf of that agency in interacting with GSA personnel, has executed
the Procurement Official's Procurement Integrity Certification pursuant
to FAR 3.104-12. Such interaction may occur in the requirements
determination process and the development of specifications or
statements of work.
(b) Where a non-Government person or another agency's employee(s) act
on behalf of GSA (e.g., serves on a Source Selection Board) the
contracting officer is responsible for obtaining the Procurement
Officials's Procurement Integrity Certification from non-GSA or
non-Government persons involved in the selection of a source in a GSA
procurement.
(55 FR 39974, Oct. 1, 1990)
48 CFR 503.104-12 Subpart 503.2 -- Contractor Gratuities to Government Personnel
48 CFR 503.203 Reporting suspected violations of the Gratuities clause.
Employees shall immediately report any suspected violation of the
Gratuities clause to the contracting officer, the Assistant Inspector
General for Investigations or the Regional Inspector General for
Investigations and to the Deputy Standards of Conduct Counselor in
accordance with GSPMR 105-735.202(e)(4). The report must outline
circumstances which indicate the Gratuities clause has been violated and
include all pertinent documents. The Office of Inspector General will
investigate and, if appropriate, forward a report and recommendation to
the Department of Justice and/or the Office of Acquisition Policy,
and/or the Office of Ethics and Civil Rights.
48 CFR 503.204 Treatment of violations.
(a) The Associate Administrator for Acquisition Policy or a designee
shall make determinations under FAR 3.204.
(b) The Associate Administrator or designee, after coordinating the
matter with legal counsel, may initiate proceedings under FAR 3.204(a)
by notifying the contractor that action against the contractor for a
violation of the Gratuities clause is being considered. Notice must be
provided by means of a letter sent by certified mail to the last known
address of a party, its counsel, or agent for service of process. In
the case of a business, notice may be sent to any partner, principal
officer, director, owner or co-owner, or joint venture. If no return
receipt is received within 10 calendar days of mailing, receipt will be
presumed.
(c) The contractor shall have 30 calendar days to exercise its rights
under FAR 3.204(b), unless an extension is granted.
(d) The Associate Administrator or designee may refer a matter to an
agency fact-finding official designated by the Chairman of the GSA Board
of Contract Appeals, if a determination is made that there are disputes
of fact material to making a determination under FAR 3.204(a). Referrals
for fact-finding will not be made in cases arising from a conviction or
indictment as defined in FAR 9.403. If a referral is made, the
fact-finding official shall:
(1) Afford the contractor the opportunity to dispute material facts
relating to the determinations under FAR 3.204(a) (1) and (2).
(2) Conduct the proceedings under rules that are consistent with FAR
3.204(b).
(3) Schedule a hearing within 20 calendar days of receipt of the
referral. Extensions may be granted for good cause upon the request of
the contractor or the agency.
(4) Deliver written findings of fact to the Associate Administrator
or designee (together with a transcription of the proceedings, if made),
within 20 calendar days after the hearing record closes. The findings
must resolve any material disputes of fact by a preponderance of the
evidence.
(e) The Associate Administrator or designee may reject the findings
of the fact-finding official only if they are determined to be clearly
erroneous or arbitrary and capricious.
(f) In cases arising from conviction or indictment, or in which there
are no disputes of material fact, the Associate Administrator or
designee shall conduct the hearing required by FAR 3.204(b).
(g) If it is determined that the Gratuities clause has been violated,
the contractor may present evidence of mitigating factors to the
Associate Administrator or designee, either orally or in writing, in
accordance with a schedule established by the Associate Administrator or
designee. The Associate Administrator or designee shall exercise the
Government's rights under FAR 3.204(c) only after considering mitigating
factors.
48 CFR 503.204 Subpart 503.3 -- Reports of Suspected Antitrust Violations
48 CFR 503.303 Reporting suspected antitrust violations.
Contracting officers shall report evidence of suspected antitrust
violations in acquisitions to the Assistant Inspector General for
Investigations or the Regional Inspector General for Investigations.
The Office of Inspector General will investigate and prepare a report
and recommendation to the Attorney General and to the Office of
Acquisition Policy for suspension or debarment consideration.
48 CFR 503.303 Subpart 503.4 -- Contingent Fees
48 CFR 503.404 Solicitation provision and contract clause.
(a) The contracting officer shall insert the provision at 552.203-4,
Contingent Fee Representation and Agreement, in solicitations for the
acquisition of leasehold interests in real property which involve both
more than 10,000 square feet of space and terms which exceed 6 months.
(b) The contracting officer shall insert the provision at 552.203-5,
Covenant Against Contingent Fees, in solicitations and contracts for the
acquisition of leasehold interests in real property.
(54 FR 26496, June 23, 1989, as amended at 57 FR 37889, Aug. 21,
1992)
48 CFR 503.408 Evaluation of the SF 119.
48 CFR 503.408-1 Responsibilities.
The contracting officer's documentation of the evaluation, conclusion
and any proposed action must be reviewed by assigned legal counsel and
the contracting director.
48 CFR 503.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
Employees who suspect or have evidence of violations of the Covenant
Against Contingent Fees clause shall report the matter to the
contracting officer as well as the Office of Inspector General. If
appropriate, the Office of Inspector General will forward a report and
recommendation to the Department of Justice.
48 CFR 503.409 Subpart 503.5 -- Other Improper Business Practices
48 CFR 503.570 Advertising.
48 CFR 503.570-1 Policy.
Contractors shall not refer to contracts awarded by GSA in commercial
advertising in a manner which states or implies that the product or
service provided is approved or endorsed by the Government or is
considered by the Government to be superior to other products or
services. This policy is intended to avoid the appearance of preference
by the Government toward any product or service.
48 CFR 503.570-2 Contract clause.
The contracting officer shall insert the clause at 552.203-70,
Restriction on Advertising, in solicitations and contracts for supplies
or services when the contract amount is expected to exceed the small
purchase limitation.
48 CFR 503.570-2 Subpart 503.6 -- Contracts With Government Employees or Organizations Owned or Controlled by Them
48 CFR 503.602 Exceptions.
(a) The heads of contracting activities may authorize exceptions to
the policy in FAR 3.601.
(b) Offers submitted by Government employees on solicitations issued
under the Office of Management and Budget (OMB) Circular A-76 may be
considered if the contracting officer complies with 503.603. When
Government employees submit offers, they do so with the knowledge that
if the contract is awarded, their Government employment will be
terminated. The implementation of OMB Circular A-76 presents a unique
situation which may be considered to be an exception to the policy in
FAR 3.601. Contracts between the Government and its employees are not
expressly prohibited except, where the employee acts for both the
Government and the contractor in a particular transaction or where the
service to be rendered is such as could be required of the contractor in
his/her capacity as a Government employee.
48 CFR 503.603 Responsibilities of the contracting officer.
Before awarding a contract to a GSA employee who responded to an A-76
solicitation, the contracting officer shall:
(a) Obtain a written certification from the employee's supervisor
that: the individual was not involved in the development of the
solicitation or specifications, or in the preparation of the independent
Government cost estimate or in-house cost comparison; had no advance
knowledge of the details of the contents of the solicitation package;
and was not otherwise involved in the contracting process.
(b) Refer the proposed award to assigned legal counsel for review and
approval.
(c) Ascertain whether a reduction-in-force notice has been issued to
the employee.
48 CFR 503.603 Subpart 503.7 -- Voiding and Rescinding Contracts
48 CFR 503.702 Definitions.
Notice means a letter sent by certified mail with a return receipt
requested to the last known address of a party, its counsel, or agent
for service of process. In the case of a business, such notice may be
sent to any partner, principal officer, director, owner or co-owner, or
joint venturer. If no return receipt is received within 10 calendar
days of mailing, receipt will be presumed.
Voiding and rescinding official means the Associate Administrator for
Acquisition Policy or a designee.
48 CFR 503.705 Procedures.
(a) Where a contract has been tainted by fraud, bribery, conflict of
interest, or similar misconduct, the contracting officer should consult
with counsel to determine if the Government has a common law remedy such
as avoidance, rescision, or cancellation. Alternatively, the matter may
be referred to the voiding and rescinding official under FAR 3.705, if
there has been a final conviction for any violation of 18 U.S.C.
201-224.
(b) The contracting officer may postpone a decision to exercise the
Government's common law right to void, rescind, or cancel a contract
pending completion of legal proceedings against a contractor.
(c) A referral to the voiding and rescinding official should identify
the final conviction and include the information required by FAR
3.705(d) (2) through (5). The contracting officer should coordinate the
referral with the Office of Inspector General to ascertain if a
debarment referral is contemplated.
(d) The voiding and rescinding official shall review the referral and
coordinate the matter with assigned legal counsel and the contracting
activity. If a determination is made to declare void and rescind a
contract and to recover the amounts expended and the property
transferred, the voiding and rescinding official shall issue the notice
required by FAR 3.705, and conduct the hearing contemplated by FAR
3.705(c)(3). If the voiding and rescinding official determines that
there is a genuine dispute of material fact regarding the agency
decision, the voiding and rescinding official shall refer the matter to
the fact-finding official designated by the Chairman of the GSA Board of
Contract Appeals. Such a referral will be made if there is a dispute of
fact that relates to:
(1) The contracts affected by the final conviction giving rise to the
proposed action.
(2) The amounts expended and property transferred by the Government
under the contracts covered by the proposed action.
(3) The identity and value of any tangible benefits received by the
Government under the affected contracts.
(e) If a referral for fact-finding is made, the fact-finding official
shall:
(1) Afford the contractor the opportunity to dispute material facts
relating to 503.704(d) (1) through (3).
(2) Conduct the proceedings under rules that are consistent with FAR
3.705(c)(3).
(3) Schedule a hearing within 20 calendar days of receipt of the
referral. Extensions may be granted for good cause upon the request of
the contractor or the agency.
(4) Deliver written findings of fact to the voiding and rescinding
official (together with a transcription of the proceeding, if made)
within 20 calendar days after the hearing record closes. The findings
must resolve any material disputes of fact by a preponderance of the
evidence.
(f) The voiding and rescinding official shall not issue the agency's
final decision under FAR 3.705(e) until receipt of the fact-finding
official's report, if any. The voiding and rescinding official may
reject the findings of the fact-finding official only if they are
determined to be clearly erroneous or arbitrary and capricious.
(g) In actions in which it is determined there are no material
disputes of fact relating to the determinations required by FAR 3.705(d)
(2), (4) and (5), the voiding and rescinding official will conduct the
hearing contemplated by FAR 3.705(c)(3).
(h) The final decision must be coordinated with the contracting
activity and a copy of the decision provided to the activity.
48 CFR 503.705 Subpart 503.8 -- Limitation on Payment of Funds To
Influence Federal Transactions
Source: 55 FR 29580, July 20, 1990, unless otherwise noted.
48 CFR 503.804 Policy.
Contracting officers shall submit a copy of each disclosure form
received in accordance with FAR 3.803 or 3.804 to the Office of GSA
Acquisition Policy (VP) immediately upon receipt. The Office of GSA for
Acquisition Policy will prepare the agency report to Congress in
accordance with FAR 3.804(b).
48 CFR 503.806 Processing suspected violations.
Contracting officers shall submit evidence of suspected violations of
31 U.S.C. 1352, Limitation on the Use of Appropriated Funds to Influence
Certain Federal Contracting and Financial Transactions, to the Assistant
Inspector General for Investigation or the Regional Inspector General
for Investigation. The Office of Inspector General will investigate
and, if appropriate, prepare a report and recommendation to the
Department of Justice.
48 CFR 503.806 PART 504 -- ADMINISTRATIVE MATTERS
48 CFR 503.806 Subpart 504.1 -- Contract Execution
Sec.
504.101 Contracting officer's signature.
504.103 Contract clause.
48 CFR 503.806 Subpart 504.2 -- Contract Distribution
504.201 Procedures.
504.203 Taxpayer identification number information.
48 CFR 503.806 Subpart 504.4 -- Safeguarding Classified Information
Within Industry
504.402 General.
504.470 Requests for release of classified information.
504.470-1 Authorization for release.
504.470-2 Termination of authorization for release.
504.471 Processing security requirements checklist (DD Form 254).
504.472 Periodic review.
504.473 Recurring procurement.
504.474 Control of classified information.
504.475 Return of classified information.
504.476 Breaches of security.
48 CFR 503.806 Subpart 504.8 -- Contract Files
504.800 Scope of subpart.
504.802 Contract files.
504.803 Contents of contract files.
504.804-5 Detailed procedures for closing out contract files.
504.805 Disposal of contract files.
48 CFR 503.806 Subpart 504.9 -- Information Reporting to the Internal
Revenue Service
504.903 Procedures.
48 CFR 503.806 Subpart 504.70 -- Uniform Procurement Instrument
Identification
504.7001 Uniform procurement instrument identification.
504.7001-1 Policy.
504.7001-2 Basic procurement instrument identification number.
504.7001-3 Order and call instrument identification number.
504.7001-4 Supplemental procurement instrument identification number.
504.7002 Procurement contract register.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26498, June 23, 1989, unless otherwise noted.
48 CFR 503.806 Subpart 504.1 -- Contract Execution
48 CFR 504.101 Contracting officer's signature.
Contracts and contract modifications must be signed personally and
manually by the contracting officer. The contracting officer's name and
title must be typed or stamped below the signature. In the absence of
the designated contracting officer, another contracting officer may sign
documents. However, in all cases the name and title of the individual
actually signing the document must be typed or stamped on the document
below the signature.
48 CFR 504.103 Contract clause.
Agency procedures do not require the use of the clause at FAR
52.204-1, Approval of Contract, in solicitations and contracts.
48 CFR 504.103 Subpart 504.2 -- Contract Distribution
48 CFR 504.201 Procedures.
A ''Duplicate Original'' of the contract or modification forwarded to
the paying office must be certified as a true copy by the contracting
officer's original handwritten signature, in ink, on the award or
modification form (i.e., SF 26, 33, 1442 etc.). This requirement does
not apply to:
(a) Leases of real property;
(b) Schedule contracts; or
(c) Standard or GSA multipage purchase/delivery order carbon forms.
48 CFR 504.203 Taxpayer identification number information.
The procedure outlined in FAR 4.203 for attaching the completed FAR
provision at 52.204-3 as the last page of the contract sent to the
paying office does not apply to leases of real property (see 504.903) or
schedule contracts.
(55 FR 8954, Mar. 9, 1990)
48 CFR 504.203 Subpart 504.4 -- Safeguarding Classified Information Within Industry
48 CFR 504.402 General.
(a) This subpart prescribes procedures for safeguarding classified
information required to be disclosed to contractors in connection with
the solicitation of offers, and the award, performance, and termination
of contracts. As used in this subpart, the term ''contractor(s)''
includes prospective contractors, subcontractors, vendors, and suppliers
of any tier.
(b) This subpart implements the requirements of the Department of
Defense's Industrial Security Regulation (ISR) and Industrial Security
Manual for Safeguarding Classified Information (ISM). By agreement, the
Department of Defense will act for and on behalf of GSA in rendering
security services required for safeguarding classified information
released by GSA to United States (U.S.) industry.
(c) As used in this subpart, the term ''U.S. industry'' pertains to
those industries (including educational and research institutions)
located within the United States, its possessions, and the Commonwealth
of Puerto Rico.
48 CFR 504.470 Requests for release of classified information.
Prior to soliciting offers or entering into discussions or
negotiations with any contractor involving the disclosure of classified
information, the contracting officer shall prepare, in triplicate,
section I of GSA Form 1720, Request for Release of Classified
Information to U.S. Industry (illustrated in subpart 553.3). After
signing as requesting officer and obtaining approval from the immediate
supervisor, the contracting officer shall forward all copies of the
completed form to the Personnel and Information Security Division (CES),
Office of Management Controls and Evaluation.
(56 FR 47004, Sept. 17, 1991)
48 CFR 504.470-1 Authorization for release.
CES, after determining that the contractor has been issued a
Department of Defense facility security clearance, will complete the
appropriate parts of section II, of GSA Form 1720, and return the
original and one copy to the contracting officer. Under no
circumstances will classified information be disclosed or made
accessible to any contractor until the completed form has been received
from CES. Where only Item 14b, section II, of the form has been
checked, the contracting officer's actions will be governed by the
instructions on the reverse side of the form. When a contractor is
found to be ineligible for a security clearance, CES will advise the
contracting officer.
(56 FR 47004, Sept. 17, 1991)
48 CFR 504.470-2 Termination of authorization for release.
When circumstances support withdrawal or revocation of security
clearance, CES will advise the contracting officer of the termination of
authorization to release classified information and include instructions
concerning actions required to safeguard, withhold, or obtain the return
of classified information. Reasons for such termination may include:
(a) Failure of the contractor to maintain the physical standards
required by the ISM.
(b) Information indicating the contractor no longer: (1) Is eligible
for clearance or (2) requires access to classified information.
(56 FR 47004, Sept. 17, 1991)
48 CFR 504.471 Processing security requirements checklist (DD Form 254).
(a) Contracts involving access to classified information by the
contractor require preparation of DD Form 254, Contract Security
Classification Specification (illustrated in FAR 53.303-DD-254), to
identify and indicate to Department of Defense (DOD) and contractors the
areas of classified information involved. In the case of contracts for
research, advisory and assistance services, graphic arts services, or
other procurements of services, written notice of classification may be
used in lieu thereof.
(b) Instructions or guidance on completing DD Form 254 may be
obtained from CES.
(54 FR 26498, June 23, 1989, as amended at 56 FR 47005, Sept. 17,
1991)
48 CFR 504.472 Periodic review.
Contracting officers shall review DD Form 254 whenever a change in
the phase of performance occurs or at their own discretion, but in any
event at least once a year, to determine whether the classified
information can be downgraded or declassified. The contractor must be
informed of the results of the review by issuance of a revised
specification, or by written instructions instead of DD Form 254 (where
authorized), or if the review results in no change in the classification
specifications, by written notification to that effect. Upon
termination or completion of the contract, a final checklist must be
prepared.
48 CFR 504.473 Recurring procurement.
When procurement is of a recurring nature, a new DD Form 254 is not
required if the end item is not changed and there is no change from the
previous security classification.
48 CFR 504.474 Control of classified information.
(a) Classified information must be recorded, marked, handled, and
transmitted in accordance with instructions contained in the handbook,
Information Security (ADM P 1025.2C).
(b) When classified information is originated by another agency, the
consent of the originating agency must be obtained prior to releasing
the classified information to the contractor.
48 CFR 504.475 Return of classified information.
(a) Unless the classified information has been destroyed as provided
in paragraph 19 of the ISM, the contracting officer must recover the
information. When classified information is furnished to a GSA
contractor by another Government agency, the return of such information
is the responsibility of that agency.
(b) The contracting officer is responsible for insuring that
classified information furnished to prospective offerors, offerors, or
contractors is returned immediately:
(1) After bid opening or closing date for receipt of proposals from
non-responding offerors;
(2) After contract award from unsuccessful offerors;
(3) Upon termination or completion of the contract;
(4) Upon notification that authorization to release classified
information has been withdrawn;
(5) After notification that a facility (i) does not have adequate
means for safeguarding classified information, or (ii) has had its
security clearance revoked or inactivated; or
(6) Whenever otherwise instructed by the authority responsible for
the security classification.
48 CFR 504.476 Breaches of security.
When an unauthorized disclosure of classified information is
discovered, the contracting officer or other GSA employee responsible
for the information shall promptly refer the facts of such breach or
compromise to CES.
(56 FR 47005, Sept. 17, 1991)
48 CFR 504.476 Subpart 504.8 -- Contract Files
48 CFR 504.800 Scope of subpart.
This subpart prescribes requirements for using standard contract file
format for all contracts, except leases of real property, that exceed
the small purchase limitation. The application of this subpart to small
purchases is optional.
48 CFR 504.802 Contract files.
(a) Standardization of files. Contract files must contain all
necessary information and documentation required by FAR 4.802 and 4.803
and be organized in the standardized contract file format in 504.803.
(b) Responsibility for contract files. The contracting officer is
responsible for the official file. All documents pertaining to the
contract must be forwarded by those initiating them to the contracting
officer for inclusion in this file. The contracting officer is also
responsible for the accountability of contract files transferred to the
records center and for knowing the location of the files as provided by
the National Archives and Records Administration.
(c) Transfer of responsibility for contract files. (1) When
responsibility for a contract is transferred from one contracting
officer to another, e.g., transfer of assignments or redelegation of
contract administration (intraoffice or interoffice), the contracting
officer transferring the files shall prepare a detailed listing by file
number and/or name to identify the file(s) to be transferred (see also
FAR 42.206).
(2) If available, duplicates of the files to be transferred must be
retained by the contracting officer until acknowledgement of receipt of
the transferred files by the contracting officer is received.
(3) The original contracting officer transferring the files shall
retain one copy of the listing and send a copy of the listing to the
successor contracting officer under a separate mailing as advance notice
of the files to be transferred.
(4) The files to be transferred to the successor contracting officer
must be sent by certified mail, return receipt requested, when
appropriate, or by another method so as to obtain a signature of the
successor contracting officer for receipt of the contract files that are
transferred. The transferred files must be accompanied by two copies of
the listing to the successor contracting officer.
(5) The successor contracting officer, who becomes responsible for
the files, shall sign one copy of the listing, certifying receipt of the
files listed, and return the signed copy to the contracting officer
transmitting the files.
48 CFR 504.803 Contents of contract files.
(a) The contract file must be numerically tabbed, filed in reverse
order starting with item (1) on the bottom of the file and item (28) on
the top. Documents within the tab should be filed chronologically with
the most recent document on top. If any of the documents are too
voluminous to be placed under the applicable tab, they should be
included in a separate file and the tab annotated with the location of
the file. All of the items described will not always be needed for each
contract action. If a tab is not required for a particular action, it
should be omitted from that contract file. The file must be tabbed as
specified below:
(1) Requisition or request for contractual action. Where technical
or requirements personnel recommend the use of other than full and open
competition, the certification of the accuracy and completeness of the
data to support the recommendation should be filed under this tab. (See
FAR 6.303-1(b).)
(2) Specifications, drawings, and other technical documents.
(3) Acquisition plan including, where applicable, the determination
required by OMB Circular A-76 and/or concurrence of the cognizant
competition advocate.
(4) Determination and findings required by FAR Subpart 1.7 and
Subpart 501.7, or justification required by FAR 6.303, including the
certification of accuracy and completeness of the justification.
(5) Department of Labor Wage Determination.
(6) Small business and labor surplus area determinations.
(7) Source list.
(8) Statement as to synopsis of proposed procurement under FAR
Subpart 5.2 or other required advertisements.
(9) Presolicitation notice.
(10) IFB/RFP and amendments.
(11) Abstract of bids/proposals including identification of the low
bidder/offeror, discounted price, etc.
(12) Cost or pricing data. Where the requirement for submission of
cost or pricing data is waived, as provided in FAR 15.804-3, the waiver
and documentation supporting the waiver should be filed under this tab.
(13) Field pricing report (see FAR 15.805-5 and 515.805-5). Where the
requirement for a field pricing report of a price proposal is waived, as
provided in FAR 15.805-5, the waiver and documentation supporting the
waiver should be filed under this tab.
(14) Price or cost analysis report prepared under FAR 15.608.
Supporting technical analyses, other than those supporting an audit
report, should be filed under this tab. The profit or fee analysis
required by FAR Subpart 15.9 should be made a part of the price or cost
analysis report. In those cases where an independent Government
estimate is prepared, it should also be made a part of the price or cost
analysis report.
(15) A price negotiation memorandum, as required by FAR 15.808, must
be written so as to permit reconstruction of all the major events of the
acquisition and placed under this tab.
(16) Certificate of current cost or pricing data.
(17) Pre-award survey.
(18) EEO compliance review.
(19) ''No bid'' or ''no proposal'' correspondence.
(20) Unsuccessful bids or proposals. A copy of each rejected bid or
unacceptable proposal also must be included in the file under this tab.
(21) Mistakes in bids and protests. This includes all correspondence
and determinations relating to mistakes in bids disclosed before award
and/or protests.
(22) Actions taken on late bids or proposals.
(23) Contractual action. Successful bid or proposal and all
pertinent correspondence applicable to the contractual action.
Subcontracting plans that are incorporated in and made a material part
of a contract, as required by FAR 19.705-5(a)(5), and the successful
competing contractor's certificate of procurement integrity required by
FAR 3.104-9(b), should be filed under this tab.
(24) Evidence of concurrence for legal sufficiency of the appropriate
counsel (if applicable).
(25) Any required approvals -- GSA Form 1535, Recommendation for
Award, or GSA Form 3584, Checklist for Review of Subcontracting Plan (as
applicable). The contracting officer's and any departing procurement
official's certificate of procurement integrity, required by FAR
3.104-7(a) and 503.104-7 and the record of individuals authorized access
to proprietary or source selection information, required by FAR
3.104-5(d)(2) and 3.104-9(e)(iii) should be filed under this tab.
(26) Any notices of award including Standard Form 99, Notice of Award
of Contract (if applicable).
(27) SF 279, FPDS Individual Contract Action Report.
(b) An index of the file tabs should be placed in the file. Items
which do not apply should be so marked, and if necessary, a brief
explanation included. The GSA Form 3420, Contract/Modification File
Checklist, illustrated in 553.370-3420, must be used by the contracting
officers in the Public Buildings Service. The form may be used by other
offices or a standard contract file checklist, based on the requirements
of 504.803(a), appropriate to that particular office may be prepared.
The requirements of a particular office may provide for the inclusion of
subheadings under a tab or additional items as appropriate.
(54 FR 26498, June 23, 1989, as amended at 54 FR 40060, Sept. 29,
1989; 55 FR 39974, Oct. 1, 1990)
48 CFR 504.804-5 Detailed procedures for closing out contract files.
When the statement required by FAR 4.804-5(b) is completed, the
administrative contracting officer (ACO) shall forward the statement and
the contract files to the cognizant procuring contracting officer (PCO).
The ACO shall follow the procedures outlined in 504.802(c) when
transferring the files to the PCO.
48 CFR 504.805 Disposal of contract files.
The contracting officer's accountability for contract files
terminates at the end of their retention period when the notice of
disposal is received from the National Archives and Records
Administration, and disposal is approved by the appropriate records
liaison officer whose organization has functional responsibility for the
files.
48 CFR 504.805 Subpart 504.9 -- Information Reporting to the Internal Revenue Service
48 CFR 504.903 Procedures.
(a) The Office of Finance makes reports required by 26 U.S.C. 6041
and 6041A as implemented in 26 CFR to the IRS on payments made to
certain contractors for services performed and to lessors for providing
space in buildings. In order for Finance to make the required reports,
contracting officers must indicate on obligating documents (e.g.
purchase/delivery orders, contracts, or the GSA Form R-620 for leases)
forwarded to Finance, the contractor's organization structure (e.g.
corporation, partnerships, etc.) and for contractors that are not
incorporated (except as provided in FAR 4.902(a)(1)(i)), the
contractor's taxpayer identification number (TIN). When certified
invoice procedures (see 513.70) are used, contracting officers must
identify the organization structure for Finance.
(b) Reports required by 26 U.S.C. 6050M are made through the Federal
Procurement Data System.
48 CFR 504.903 Subpart 504.70 -- Uniform Procurement Instrument Identification
48 CFR 504.7001 Uniform procurement instrument identification.
Except for real property leasing activities and procurement
activities of the Federal Supply Service, the procedures in this subpart
prescribed for the identification of contracts, orders, and other
procurement instruments regardless of dollar threshold are applicable
for all other contracting activities, including the Federal Supply
Service, Property Management Division.
48 CFR 504.7001-1 Policy.
(a) The uniform procurement instrument identification system must be
used for procurement instruments listed in paragraph (f) of 504.7001-2.
The system does not apply to purchases made through certified invoice
procedures (see 513.70) or to imprest fund purchases.
(b) Identification should be placed in the contract number block
provided on the applicable forms. If a space is not reserved for the
prescribed number, it should be placed in the upper right-hand corner of
the form.
(c) Each contracting office shall maintain records to ensure
continuity and control of procurement instrument identification numbers.
(See 504.7002.)
48 CFR 504.7001-2 Basic procurement instrument identification number.
The basic procurement instrument identification number will normally
be assigned at the time of award. However, the number may be assigned
at the time a procurement request is received if assignment at that time
will facilitate tracking of the procurement. The basic procurement
instrument identification number does not change during the life of the
particular instrument and consists of 14 alphanumeric characters as
follows:
(a) Characters 1 and 2 of the basic procurement instrument
identification number is the symbol ''GS.''
(b) The third and fourth characters reflect the region preparing the
instrument as follows:
00 Central Office
01 Region 1
02 Region 2
03 Region 3
04 Region 4
05 Region 5
06 Region 6
07 Region 7
08 Region 8
09 Region 9
10 Region 10
11 National Capital Region
(c) The fifth character is a capital letter assigned to the
service/office preparing the instrument as follows:
B Office of the Comptroller
D Federal Property Resources Service
F Federal Supply Service
G GSA Board of Contract Appeals
C Office of Administration
J Office of Inspector General
K Information Resources Management Service
L Office of General Counsel
P Public Buildings Service
(d) The sixth and seventh characters identify the fiscal year in
which the number is assigned.
(e) The eighth and ninth characters identify the contracting office
preparing the instrument. (These codes will be assigned to each GSA
organization where a contracting officer is assigned.) See Appendix A
for code assignment.
(f) The tenth character is a capital letter assigned to indicate the
type of procurement instrument code as follows:
A Agreements, including basic agreements, basic ordering agreements,
and blanket purchase agreements.
B Reserved
C Contracts, including letter contracts, contracts referencing basic
agreements, or basic ordering agreements, excluding indefinite delivery
type contracts.
D Indefinite delivery contracts, including definite quantity,
requirements contracts and indefinite quantity contracts.
E Sales contracts.
F-L Reserved
M Purchase orders (open market small purchases) -- manual
N Reserved
P Purchase orders -- (open market small purchases) -- automated.
Q Reserved
R Reserved
S Schedule contract
T-Z Reserved
(g) The eleventh through fourteenth characters reflect the serial
number of the instrument. A separate series of numbers, maintained at
the contracting office level, may be used for each type of instrument
listed in paragraph (f) of 504.7001-2, depending upon procurement
document volume. At the beginning of each fiscal year, these serial
numbers will begin with the number 0001. Alphanumeric characters will
be serially assigned, after all the numeric series are exhausted, i.e.,
0001 through 9999, with an alpha as the first character, followed by
three character numeric serial number. Each issuing office is
responsible for controlling the serial number assignments. The
following numeric and alphanumeric sequences, excluding alpha I and O,
will be used:
0001 through 9999;
A001 through A999, B001 through B999; and so on to Z001 through
Z999.
(h) An example of this procurement instrument identification number
is:
Insert Illus. 067
48 CFR 504.7001-3 Order and call instrument identification number.
Delivery orders under indefinite delivery contracts (orders), and
orders under schedule contracts must be identified by an ''11''
character alphanumeric identification number placed in the order number
block of the order form. The basic indefinite delivery or schedule
contract number must be placed in the contract number block of the order
form.
(a) The first character is a capital letter assigned to the office
issuing the order. This code will be identical to those assigned in
paragraph (c) of 504.7001-2.
(b) The second and third characters reflect the Region issuing the
order. These identification codes will be identical to the codes
assigned in paragraph (b) of 504.7001-2.
(c) The fourth and fifth characters identify the fiscal year in which
the number is assigned.
(d) The sixth and seventh characters identify the contracting office
preparing the order. These identification codes will be the same as the
codes assigned in paragraph (e) of 504.7001-2.
(e) The eighth through the eleventh characters reflect the serial
number of the order. Each contracting office maintains its own serial
number. Alphanumeric numbers are used when more than 9999 numbers are
required. Alphanumeric numbers are serially assigned with an alpha in
the first position followed by the numeric serial number. The following
sequences, excluding alpha I and O will be used:
0001 through 9999;
A001 through A999; and so on to Z001 through Z999.
(f) An example of a delivery order number is:
Insert Illus. 069
48 CFR 504.7001-4 Supplemental procurement instrument identification
number.
Modifications to the basic contract instrument and to call/order
against contracts are numbered by use of a four character alphanumeric
number. The supplemental identification numbering system applies to all
modifications to contracts and to call/orders against contracts.
(a) The first character is a capital letter identifying the office
issuing the modification, as indicated below:
A Contract administration office modification (Administrative
Components); or
P Purchasing office modification.
(b) The second character is a capital letter identifying the type of
action, as follows:
A Administrative change.
C Change order.
O Other (includes exercise of options, price adjustments under
escalation clauses and other changes made under specific contract
clauses.)
S Supplemental agreement (bilateral signatures).
(c) The third and fourth characters reflect the serial number.
Alphanumeric numbers are used when more than 99 numbers are required.
Alphanumeric numbers are serially assigned with an alpha in the first
position followed by a numeric number. If additional numbers are
needed, alphas may be used in both positions. The following sequences,
excluding alpha I and O, will be used:
01 through 99.
A1 through A9, and so on to Z1 through Z9.
AA through AZ, and so on to ZA through ZZ.
(d) An example of the supplemental procurement instrument
identification number is:
Insert Illus. 070
48 CFR 504.7002 Procurement contract register.
GSA Form 2728, Procurement Contract Register, or an automated
register must be used to ensure continuity and control of procurement
instrument identification numbers.
48 CFR 504.7002 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
48 CFR 504.7002 PART 505 -- PUBLICIZING CONTRACT ACTIONS
48 CFR 504.7002 Subpart 505.1 -- Dissemination of Information
Sec.
505.101 Methods of disseminating information.
48 CFR 504.7002 Subpart 505.2 -- Synopses of Proposed Contract Actions
505.202 Exceptions.
505.203 Publicizing and response time.
505.204 Presolicitation notices.
505.204-70 Presolicitation notices used in connection with market
searches for competitive sources.
505.207 Preparation and transmittal of synopses.
505.270 Synopsis of amendments to solicitations.
48 CFR 504.7002 Subpart 505.3 -- Synopses of Contract Awards
505.303 Announcement of contract awards.
505.303-70 Notification of proposed substantial awards and awards
involving Congressional interest.
48 CFR 504.7002 Subpart 505.4 -- Release of Information
505.403 Requests from Members of Congress.
48 CFR 504.7002 Subpart 505.5 -- Paid Advertisements
505.502 Authority.
505.503 Procedures.
505.504 Use of advertising agencies.
Authority: 40 U.S.C. 486(c)
Source: 54 FR 26502, June 23, 1989, unless otherwise noted.
48 CFR 504.7002 Subpart 505.1 -- Dissemination of Information
48 CFR 505.101 Methods of disseminating information.
(a) Contracting offices located in the same geographic area as the
Business Service Center (BSC) may post the notice required by FAR
5.101(a)(2) at the BSC.
(b) The appropriate BSC must be furnished a copy of solicitations
(except solicitations for space in buildings) when the estimated
contract amount is expected to exceed the small purchase limitation.
The BSC will display the solicitation for public examination.
(c) Unless exempt under FAR 5.202 or 505.202, proposed acquisitions
must be publicized in local newspapers when the acquisition is for:
(1) Real property appraisal services, estimated to cost $10,000 or
more; or
(2) Leasehold interests in real property involving blocks of space of
both more than 10,000 square feet and terms which exceed 6 months.
Proposed leases of 10,000 square feet or less or for terms of 6 months
or less may be publicized when the contracting officer determines such
advertising will serve to promote competition.
(54 FR 26502, June 23, 1989, as amended at 57 FR 37889, Aug. 21,
1992)
48 CFR 505.101 Subpart 505.2 -- Synopses of Proposed Contract Actions
48 CFR 505.202 Exceptions.
The Administrator has determined under section 18(c)(3) of the Office
of Federal Procurement Policy Act, as amended (41 U.S.C. 416(c)(3) and
section 8(g)(3)) of the Small Business Act, as amended (15 U.S.C.
644(g)(3)) that:
(a) Advertising in local newspapers is more appropriate than
synopsizing in the Commerce Business Daily (CBD) for proposed
acquisitions of:
(1) Leasehold interests in real property (except lease construction
on a designated site);
(2) Real property appraisal services (see 505.101); and
(b) It is not appropriate or reasonable to publish an advance notice
of:
(1) Orders not exceeding $50,000 under GSA non-mandatory ADP and
telecommunications schedule contracts;
(2) Acquisitions of works of art, including the design, execution and
installation of the artwork, under the Art-in-Architecture Program; and
(3) Supplemental agreements to leases of real property involving:
(i) Building alterations (see 570.6);
(ii) Lease extensions (see 570.505); or
(iii) Expansion requests (see 570.503).
48 CFR 505.203 Publicizing and response time.
(a) When publicizing acquisitions of real property appraisal services
and leasehold interests in real property is required (see 505.101 and
505.202), the notice must appear in local newspapers at least 3 calendar
days before issuance of the solicitation. The solicitation must be
issued at least:
(1) 10 calendar days before the date established for receipt of
initial offers for real property appraisal services; or
(2) 20 calendar days before the date established for receipt of
initial offers for leasehold interests in real property, unless the
contracting officer makes a written determination that the urgency of
the need necessitates a shorter time period.
(b) The publicizing and response times in paragraph (a) above do not
apply to proposed acquisitions of leasehold interests in real property
involving 10,000 square feet of space or less. In such cases, the
contracting officer shall establish response times appropriate for the
individual acquisition involved.
(54 FR 26502, June 23, 1989, as amended at 57 FR 37890, Aug. 21,
1992)
48 CFR 505.204 Presolicitation notices.
48 CFR 505.204-70 Presolicitation notices used in connection with market
searches for competitive sources.
(a) The term ''sources-sought synopsis'' means the type of Commerce
Business Daily (CBD) notice designed to identify potential sources for
procurements. The sources-sought synopsis provides an opportunity for
the marketplace to indicate its interest in submitting offers for future
acquisitions. It is normally used to discover if more than one firm is
interested and qualified to provide a particular product or service,
although a solicitation is not yet available. This type of synopsis has
particular application when one contractor is thought to be uniquely
capable of meeting the Government's minimum requirements and
verification of this opinion is needed.
(b) Sources-sought notices publicizing the Government's interest in
anticipated supply or service procurements may be published in the CBD,
using the general format outlined in 505.207, except where security
considerations prohibit such publication. A sources-sought synopsis may
be published in connection with market searches for sources of supply or
services, other than those discussed in FAR 5.205, when a sources-sought
synopsis is required to test the marketplace for competitive sources.
All potential contractors identified through the market search,
including any concern which, as a result of a sources-sought synopsis,
requests a copy of the solicitation must be solicited. In conjunction
with that solicitation, the specific procurement of the supply or
service must be publicized in the CBD as required by FAR 5.201.
48 CFR 505.207 Preparation and transmittal of synopses.
Notices described in 505.204-70 must include a statement similar to
the following (modifications may be made to suit needs):
Concerns having the ability to furnish the following supplies
(services) are requested to give written notification (including the
telephone number for a point of contact) to the acquiring office listed
in this notice within XXXX calendar days (no less than 30 days should be
entered) from the date of this synopsis:
(The contracting officer should describe the requirement so as to
furnish a complete supply (service) description, and a condensation of
other essential information, to provide concerns with an intelligible
basis for judging whether they have an interest in the procurement.
Such information may include a statement regarding the Government's
belief that the supply or service may be available only from a sole
source and the reasons for such belief.)
This is not a formal solicitation. However, concerns that respond
should furnish detailed data concerning their capabilities and may
request a copy of the solicitation when it becomes available.
48 CFR 505.270 Synopsis of amendments to solicitations.
All amendments to solicitations for offers increasing the anticipated
value of the proposed acquisition above the dollar threshold requiring
synopsis or altering the scope of the proposed acquisition so that
increased interest of contractors can be reasonably anticipated must be
published in the Commerce Business Daily.
48 CFR 505.270 Subpart 505.3 -- Synopses of Contract Awards
48 CFR 505.303 Announcement of contract awards.
By complying with 505.303-70 contracting officers automatically
fulfill the reporting requirements of FAR 5.303(a).
48 CFR 505.303-70 Notification of proposed substantial awards and awards
involving Congressional interest.
(a) Applicability. The notification procedures in (b), below, apply
only to proposed award involving:
(1) A contract with the Small Business Administration (the 8(a)
program).
(2) A supply contract exceeding or estimated to exceed $500,000
(except for (i) motor vehicles, (ii) products whose points of origin are
not readily identifiable, or (iii) products involving foreign production
points).
(3) A design (Architect/Engineer) contract or construction contract
exceeding or estimated to exceed $500,000.
(4) Any other contract, or class of contract, in excess of $25,000
for which a Member of Congress has specifically requested notification
of award.
(b) Notification procedures. (1) The Office of Congressional Affairs
(S) will notify the heads of contracting activities in writing with the
names of Members of Congress who wish to be notified of any or all
contract awards in excess of $25,000 to contractors located within their
district or State, as applicable. Upon such notification, the
contracting activities will facsimile or hand deliver applicable notices
of award to S. A copy of the submittal should be provided to the
regional Congressional liaison office.
(2) Except for submittals hand delivered to S, the submittal must be
made by facsmile transmission and, in the case of proposed 8(a) awards,
on GSA Form 2677, Minority Contract Fact Sheet. Except for contracts
awarded under urgent and compelling circumstances, notification to S of
an award must be made on the same day that the award is made and 24
hours before telephonic notice (if applicable) is provided to the
contractor. If the timeframe for notification to S cannot be met, the
Contracting Director must notify S by telephone.
(3) The notification to S must:
(i) Describe the supplies or services acquired and the duration of
the contract period.
(ii) Identify the type of contract and contractor using the following
codes:
(A) DQ for definite quantity contract.
(B) SC for schedule contract.
(C) TC for indefinite delivery contract other than schedule.
(D) S for small business concern.
(E) SD for small disadvantaged business concern.
(F) O for other than a small business concern.
(G) NLS for not labor surplus area.
(H) LS for labor surplus area.
(iii) Include the contractor's name and address (including county and
Congressional district, if known) and indicate the dollar value of the
contract for each production point. When there are multiple production
points and specific items, and their points of production are not shown,
or when the number of production points exceed 10, write ''multiple''
and indicate immediately after, in parentheses, the total number of
production points.
(iv) Indicate the quantity and unit, in parentheses, for definite
quantity awards by production point. Indicate the name of the receiving
agency next to the applicable quantity and identify the requirement or
portion thereof for overseas use.
(v) Provide the name (where available) and telephone number for a
point-of-contact for each award recipient and each production point.
(vi) Include the following statement when Congressional interest is
involved.
''Congressional Interest: (Name of Congressman/Senator)
(Indicate State/District) (Describe interest)''
(vii) Provide the contracting officer's name and telephone number for
each award.
(4) The notification to S will contain sensitive preaward information
and should be labeled accordingly. S and regional Congressional liaison
offices will be responsible for the security of such information and
will establish procedures governing the release of such information
before official notification of award. Unless otherwise authorized by
the contracting officer, the release of such information prior to award
shall be limited to Members of Congress and their staff.
(c) Release of awards. (1) Release of notifications which require
priority processing as determined by the Associate Administrator for
Congressional Affairs will be accomplished at the time and date
specified.
(2) Unless notified to the contrary, contracting activities may
release awards of the type described in (a) and (b) of this section, or
information pertinent thereto, upon the expiration of two full workdays
(48 hours) after the time and date of notification to S established
either by the facsimile transmission or hand delivery.
(54 FR 26503, June 23, 1989, as amended at 54 FR 29722, July 14,
1989; 54 FR 40060, Sept. 29, 1989; 55 FR 39974, Oct. 1, 1990)
48 CFR 505.303-70 Subpart 505.4 -- Release of Information
48 CFR 505.403 Requests from Members of Congress.
When responding to a Congressional inquiry would result in disclosure
of classified material, confidential business information, proprietary
or source selection information as defined in FAR 3.104-4 or information
prejudicial to a competitive acquisition, the contracting officials
shall consult with assigned legal counsel, refer the proposed reply to
the head of the contracting activity (HCA), include the caution notice
prescribed in 503.104-5(d)(6) in the response, and inform the Office of
Congressional Affairs of the action taken.
(55 FR 39974, Oct. 1, 1990)
48 CFR 505.403 Subpart 505.5 -- Paid Advertisements
48 CFR 505.502 Authority.
(a) Newspapers. Written approval from the HCA or a designee is
required for paid newspaper advertisements, except when such publication
is required by the FAR or the GSAR (see 505.101(c)). The contracting
officer shall document the contract file with the regulatory citation or
written approval to support the use of paid newspaper advertisements.
(b) Other media. Advance approval is not required to place paid
advertisements in media other than newspapers.
48 CFR 505.503 Procedures.
The GSA Form 300, Order for Supplies or Services, must be used
instead of the Optional Form 347, Order for Supplies and Services, when
the dollar amount of the acquisition does not exceed the small purchase
limitation or when issuing a delivery order under a basic ordering
agreement with an advertising agency for an advertisement.
48 CFR 505.504 Use of advertising agencies.
The services of commercial advertising agencies may be used whenever
it is determined that the services rendered by those agencies can
increase competition for contracts and improve the effectiveness of GSA
advertising and marketing programs.
48 CFR 505.504 PART 506 -- COMPETITION REQUIREMENTS
48 CFR 505.504 Subpart 506.2 -- Full and Open Competition after
Exclusion of Sources
Sec.
506.202 Establishing or maintaining alternative sources.
48 CFR 505.504 Subpart 506.3 -- Other Than Full and Open Competition
506.302 Circumstances permitting other than full and open
competition.
506.302-1 Only one responsible source and no other supplies or
services will satisfy agency requirements.
506.303 Justifications.
506.303-1 Requirements.
506.303-2 Content.
506.304 Approval of the justification.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26504, June 23, 1989, unless otherwise noted.
48 CFR 505.504 Subpart 506.2 -- Full and Open Competition After Exclusion of Sources
48 CFR 506.202 Establishing or maintaining alternative sources.
The heads of contracting activities (HCA's) sign determinations and
findings under FAR 6.202.
48 CFR 506.202 Subpart 506.3 -- Other than Full and Open Competition
506.302 Circumstances permitting other than full and open
competition.
48 CFR 506.302-1 Only one responsible source and no other supplies or
services will satisfy agency requirements.
A class justification has been established for the acquisition of
utility services (except electric utility services) that are available
from only one source. A copy of the class justification may be obtained
from the Office of GSA Acquisition Policy (VP). The contract file for
each action taken under the justification must contain a signed
statement by the contracting officer that the action taken is within the
scope of the class justification and approval.
(55 FR 48847, Nov. 23, 1990)
48 CFR 506.303 Justifications.
48 CFR 506.303-1 Requirements.
(a) The contracting officer shall review the facts provided by
technical and requirements personnel to support their recommendation to
use other than full and open competition and must be satisfied that the
facts are correct before proceeding with the acquisition.
(b) The contracting officer should determine whether the facts
supporting other than full and open competition would be present in
other GSA contracting activities. If the facts would be present, the
contracting officer should recommend through appropriate channels that
the Associate Administrator for Acquisition Policy approve a class
justification for use by all GSA contracting activities.
48 CFR 506.303-2 Content.
Each justification for other than full and open competition must
include the information required by FAR 6.302-2 (a)(1) through (12) and
(b) in the same order as listed in the FAR using the following format:
48 CFR 506.303-2 General Services Administration
48 CFR 506.303-2 (Identify the contracting activity)
48 CFR 506.303-2 Justification for Other Than Full and Open Competition
Identification and description of action being approved.
Description of supplies or services required.
Identification of statutory authority.
Demonstration that the acquisition requires use of the authority
cited.
Description of efforts to solicit as many offers as practicable.
Demonstration that the anticipated cost will be fair and reasonable.
Description of the market survey conducted.
Other facts supporting the use of other than full and open
competition.
List of sources that expressed an interest in the acquisition.
Statement of actions to overcome barriers to competition.
Contracting Officer Certification.
Technical/Requirements Personnel Certification.
(Where technical or requirements data form the basis for the
justification, a certification provided by technical or requirements
personnel may either be referred to and a copy attached to the
justification, or included as a part of the justification with a
signature line for the technical or requirements official).
(Include appropriate signature blocks)
48 CFR 506.304 Approval of the justification.
The justification (except for contracts awarded under FAR 6.302-7)
must be concurred in by assigned legal counsel and approved by:
(a) The contracting activity competition advocate for contracts
exceeding $100,000 but equal to or less than $1,000,000. The
contracting director must concur in all justifications for contracts
expected to exceed $100,000.
(b) The HCA for contracts exceeding $1,000,000 but equal to or less
than $10,000,000. The contracting activity competition advocate must
concur in all justifications for contracts expected to exceed
$1,000,000.
(c) The senior procurement executive for contracts exceeding
$10,000,000. The HCA and agency competition advocate must concur in all
justifications before submitting them to the senior procurement
executive for approval.
(55 FR 48847, Nov. 23, 1990)
48 CFR 506.304 PART 507 -- ACQUISITION PLANNING
48 CFR 506.304 Subpart 507.1 -- Acquisition Plans
Sec.
507.100 Scope of subpart.
507.101 Definitions.
507.102 Policy.
507.103 Agency head responsibilities.
507.104 General procedures.
507.105 Contents of written acquisition plans.
48 CFR 506.304 Subpart 507.3 -- Contractor Versus Government Performance
507.305 Solicitation provisions and contract clauses.
507.307 Appeals.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26504, June 23, 1989, unless otherwise noted.
48 CFR 506.304 Subpart 507.1 -- Acquisition Plans
48 CFR 507.100 Scope of subpart.
The subpart applies to all acquisitions including leasehold interests
in real property.
48 CFR 507.101 Definitions.
Comprehensive acquisition plan means a plan which covers the
acquisition process from identification of agency need through contract
performance and administration.
Limited acquisition plan means a detailed plan which covers the
acquisition process from receipt of a purchase request or advanced
notice of the need by the contracting office through contract award.
48 CFR 507.102 Policy.
(a) All acquisitions exceeding the small purchase limitation must
have a limited acquisition plan unless a comprehensive acquisition plan
is required under GSA Order, Comprehensive Acquisition Planning (APD
2800.13A). Priced options must be included when determining the dollar
threshold. An acquisition plan must be prepared before exercise of
unpriced and/or unevaluated options exceeding the small purchase
limitation.
(b) No solicitation may be issued until either a comprehensive
acquisition plan or a limited acquisition plan has been prepared or the
requirement waived under GSA Order APD 2800.13A or 507.104(d). A
contract may not be entered into without full and open competition on
the basis of a lack of acquisition planning or concerns related to the
amount of funds available to the acquisition.
(55 FR 28631, July 12, 1990)
48 CFR 507.103 Agency head responsibilities.
The head of the contracting activity (HCA) shall ensure that, during
the acquisition planning phase, requirements personnel consider the use
of the metric system of measurement consistent with 15 U.S.C. 205 et
seq. (See 510.002), GSA Order, GSA Metric Program (ADM 8000.1A) and GSA
Metric Transition Plan. Use of the metric system must be coordinated
with the contracting officer and be consistent with security,
operational, economic, technical, logistical, training, and safety
requirements.
(56 FR 2864, Jan. 25, 1991)
48 CFR 507.104 General procedures.
(a) Policies and procedures for comprehensive acquisition plans are
in GSA Order, Comprehensive Acquisition Planning (APD 2800.13A).
(b) The contracting officer shall be responsible for preparing a
limited acquisition plan. Limited plans must be reviewed and approved
at least one level above the individual writing the plan unless the
requirement is received in the last month of the fiscal year and award
is anticipated during the same month. In those cases, the plan must be
reviewed and approved at a level no lower than the contracting director.
The head of the contracting activity (HCA) may require review and
approval at a higher level.
(c) Limited plans for acquisitions over $100,000 must be in writing,
unless waived under paragraph (d) of this section. HCA's may authorize
oral plans for acquisitions not exceeding $100,000. For oral plans, the
file must be documented with the name of the individual who approved the
plan.
(d) The contracting director may waive the requirement for a written
limited acquisition plan in cases of unusual or compelling urgency. The
individual responsible for preparing the plan will present (as a
minimum) an oral plan to at least the next higher level for approval.
The file must be documented to show: the nature of the urgency, the
content of the oral plan, and the name of the individual that approved
it. This document may be prepared after award when preparation before
award would unreasonably delay the acquisition. The documentation may
be included in the justification required by FAR 6.302-2(c).
(e) Acquisition plans for contracts expected to exceed $100,000 which
propose using other than full and open competition must be coordinated
with and concurred in by the cognizant competition advocate unless the
proposed contract will be awarded under the authority at FAR 6.302-5 or
will be awarded under a class justification approved by the Associate
Administrator for Acquisition Policy. HCA's may require coordination
and concurrence of the cognizant competition advocate for contracts
equal to or less than $100,000. The cognizant competition advocate is:
(1) The contracting activity competition advocate, as defined in
Subpart 502.1, for contracts exceeding $100,000, but equal to or less
than $10,000,000.
(2) The agency competition advocate, as defined in Subpart 502.1, for
contracts exceeding $10,000,000. The contracting activity competition
advocate shall concur in all plans before submission to the agency
competition advocate.
(54 FR 26504, June 23, 1989, as amended at 55 FR 28631, July 12,
1990)
48 CFR 507.105 Contents of written acquisition plans.
(a) The specific content of a plan will vary depending on the nature
of the acquisition and the dollar value involved. HCA's may authorize:
(1) Development of standard plan outlines meeting the needs of
individual programs;
(2) Substitution of automated plans which adequately address
individual elements;
(3) Modification of the suggested information for limited acquisition
plans by deleting inapplicable elements or adding new ones as needed.
(b) The outline in FAR 7.105 must be used as the basis for
comprehensive acquisition plans required under GSA Order APD 2800.13A.
If an element does not apply, it must be so annotated. Elements may be
added to the outline as appropriate. It is suggested that a limited
acquisition plan include the information cited below.
(54 FR 26504, June 23, 1989, as amended at 55 FR 28631, July 12,
1990)
Editorial Note: At 55 FR 28630, July 12, 1990, GSA published a
document attempting to amend paragraph (b) of 507.105. However, because
of inaccurate amendatory language paragraphs (b) (1) and (2) were
removed. GSA will publish a document correcting the amendatory language
for 507.105(b).
48 CFR 507.105 Subpart 507.3 -- Contractor Versus Government Performance
48 CFR 507.305 Solicitation provisions and contract clauses.
The contracting officer shall insert the clause at 552.207-70, Report
of Employment Under Commercial Activities, in solicitations which may
result in a conversion from in-house performance to contract performance
of work currently being performed by the Government and in contracts
that result from the solicitations, whether or not a cost comparison is
conducted.
48 CFR 507.307 Appeals.
Appeal procedures are in GSA Order, Implementation of the OMB
Circular A-76 Productivity Improvement Program (ADM P. 5400.40).
48 CFR 507.307 PART 508 -- REQUIRED SOURCES OF SUPPLIES AND SERVICES
48 CFR 507.307 Subpart 508.3 -- Acquisition of Utility Services
Sec.
508.301 Definitions.
508.304 Acquiring utility services.
508.304-5 Agency acquisition.
508.307 Precontract acquisition reviews.
508.307-1 General.
508.370 Annual rate reviews.
508.371 GSA forms.
48 CFR 507.307 Subpart 508.6 -- Acquisition From Federal Prison
Industries, Inc.
508.604 Ordering procedures.
508.604-70 Delinquent delivery orders.
508.605 Clearances.
48 CFR 507.307 Subpart 508.7 -- Acquisition From the Blind and Other
Severely Handicapped
508.705-70 Adding items to the Procurement List.
508.705-71 Workshop performance capability.
508.705-72 Allocations and orders.
508.705-74 Compliance with orders.
508.706 Purchase exceptions.
48 CFR 507.307 Subpart 508.8 -- Acquisition of Printing and Related
Supplies
508.802 Policy.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26505, June 23, 1989, unless otherwise noted.
48 CFR 507.307 Subpart 508.3 -- Acquisition of Utility Services
48 CFR 508.301 Definitions.
Utility service, as used in FAR 8.3 and this subpart, does not
include snow or trash removal services. Such services are nonpersonal
in nature and must be procured as such. (See 29 CFR 4.130(a)(43) and
(51).)
48 CFR 508.304 Acquiring utility services.
48 CFR 508.304-5 Agency acquisition.
(a) Except as authorized by FAR 8.304-5 (g) and (h), contracting
officers shall use the GSA Form 1533, Utility Contract, when awarding
utility service contracts for specific facilities.
(b) Contracting officers shall notify the Public Utilities Services
Division (PPU) in accordance with FAR 8.304-5(g), when a utility service
supplier refuses to execute a contract.
48 CFR 508.307 Precontract acquisition reviews.
48 CFR 508.307-1 General.
GSA contracting officers shall submit proposed utility contracts that
meet the criteria at FAR 8.307-1 to the Public Utilities Services
Division (PPU) for review. Requests for precontract review must be
prepared in accordance with FAR 8.307-4. In those instances where it is
necessary to award a letter contract for utility services pursuant to
FAR 16.603-2, and the annual cost exceeds the threshold for review in
FAR 8.307-1, the requirement for a preaward review is waived. However,
a copy of the letter contract and the related findings and determination
must be submitted to PPU within 15 days of the award. The letter
contract must be definitized in accordance with FAR 16.603-2(c) and
submitted to PPU for precontract review and approval under FAR 8.307.
48 CFR 508.370 Annual rate reviews.
Contracting officers shall review or cause to have reviewed annually
each utility service contract that exceeds $25,000 per annum to
determine whether the services are being billed at the rates on the
contractor's lowest applicable rate schedule available to any customer
under like conditions of service. The annual review will be conducted
by:
(a) Accumulating the 12 most recent monthly bills for the account
under review and the contractor's current rate schedules.
(b) Comparing the rate schedule used for billing with other
applicable rate schedules.
(c) Requesting the contractor to place the account reviewed under
another rate schedule for billing purposes, if the review indicates the
services are not being billed under the rate schedule that would result
in the lowest cost.
48 CFR 508.371 GSA forms.
(a) The GSA Form 1533, Utility Contract, is for use in awarding
utility service contracts for specific facilities.
(b) The GSA Form 1684, Technical Provisions (Electric Utility
Contract) is for use in contracts for electric utility services.
(c) The GSA Form 3504, Service Contract Clauses, may be used in
contracts for utility services.
48 CFR 508.371 Subpart 508.6 -- Acquisition From Federal Prison Industries, Inc.
48 CFR 508.604 Ordering procedures.
48 CFR 508.604-70 Delinquent delivery orders.
(a) Contracting officers shall establish delivery schedules based on
the lead time required by Federal Prison Industries (FPI).
Modifications of orders to extend the delivery schedules for excusable
or inexcusable delays will not provide for a price adjustment.
(b) Delinquent orders may indicate the need to request clearance to
procure from other sources until FPI can make deliveries on time.
48 CFR 508.605 Clearances.
FPI clearance numbers must be cited in solicitations and subsequent
award documents.
48 CFR 508.605 Subpart 508.7 -- Acquisition From the Blind and Other Severely Handicapped
48 CFR 508.705-70 Adding items to the procurement list.
(a) When a central non-profit agency (CNA) expresses an interest in a
particular commodity or service being added to the Procurement List, the
contracting officer shall provide the CNA with the most recent
solicitations issued for the supply or service involved and the price(s)
at which the item was awarded.
(b) The Committee for Purchase From the Blind and Other Severely
Handicapped (the Committee), if requested by the CNA, may assign the
supply or service to the CNA for development by a workshop and will list
the item in the Preliminary Evaluation Record. A copy of the record,
updated monthly, is maintained by the Office of Small and Disadvantaged
Business Utilization (AU).
(c) Before issuing a solicitation, contracting officers shall request
from the CNA, the status of any item previously identified as one in
which the Committee has expressed interest.
(d) The Committee may request that a procurement be delayed pending
Committee action. The contracting activity shall consult with AU before
rejecting such a request.
48 CFR 508.705-71 Workshop performance capability.
In addition to the annual requirement, the purchase document must
include an estimated monthly requirement. The contracting officer may
verify the workshop's ability to satisfy the Government's anticipated
requirement by requesting a preaward survey. If it is determined that
the Government's estimated monthly requirement exceeds the workshop's
ability to perform, a purchase exception may be requested only for those
quantities which cannot be provided in a timely manner by the workshop.
48 CFR 508.705-72 Allocations and orders.
In addition to the requirements prescribed in FAR 8.705, requests for
allocations and orders must indicate the packaging, packing, or marking
required if it differs from the specification cited, or otherwise
provided in the Procurement List. Pricing of nonstandard requirements
is covered in FAR 8.707.
48 CFR 508.705-74 Compliance with orders.
(a) Contracting officers shall take appropriate action on delinquent
delivery orders until all deliveries are made. In cases of excusable
delays, contract delivery schedules should be extended without obtaining
consideration. However, when the delay is inexcusable, normal
procedures should be followed in reviewing and adjusting contract prices
if appropriate.
(b) If the CNA delays acting on a request for or refuses to grant a
purchase exception, the matter should be referred to the contracting
director for expeditious resolution of the problem with the Committee.
48 CFR 508.706 Purchase exceptions.
CNA purchase exception numbers must be cited in solicitations and
subsequent award documents.
48 CFR 508.706 Subpart 508.8 -- Acquisition of Printing and Related Supplies
48 CFR 508.802 Policy.
The Director of the Reproduction Services Division (CAR) is the
central printing authority for GSA and serves as the liaison with the
Joint Committee on Printing and the Public Printer on all matters
related to printing.
48 CFR 508.802 PART 509 -- CONTRACTOR QUALIFICATIONS
48 CFR 508.802 Subpart 509.1 -- Responsible Prospective Contractors
Sec.
509.105 Procedures.
509.105-1 Obtaining information.
509.105-3 Disclosure of preaward information.
509.106 Preaward surveys.
509.106-1 Conditions for preaward surveys.
509.106-2 Requests for preaward surveys.
509.106-70 Disagreement with preaward survey recommendations.
48 CFR 508.802 Subpart 509.2 -- Qualification Requirements
509.202 Policy.
509.204 Responsibility for establishment of a qualification
requirement.
509.206 Acquisitions subject to qualification requirements.
509.206-1 General.
509.206-2 Solicitation provisions and contract clauses.
48 CFR 508.802 Subpart 509.3 -- First Article Testing and Approval
509.302 General.
509.303 Use.
509.306 Solicitation requirements.
509.308 Contract clauses.
509.308-1 Testing performed by the contractor.
509.308-2 Testing performed by the Government.
48 CFR 508.802 Subpart 509.4 -- Debarment, Suspension, and Ineligibility
509.401 Applicability.
509.403 Definitions.
509.405 Effect of listing.
509.405-1 Continuation of current contracts.
509.405-2 Restrictions on subcontracting.
509.406 Debarment.
509.406-1 General.
509.406-3 Procedures.
509.407 Suspension.
509.407-1 General.
509.407-3 Procedures.
48 CFR 508.802 Subpart 509.5 -- Organizational Conflicts of Interest
509.503 Waiver.
509.507 Procedures.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26507, June 23, 1989, unless otherwise noted.
48 CFR 508.802 Subpart 509.1 -- Responsible Prospective Contractors
509.105 Procedures.
48 CFR 509.105-1 Obtaining information.
(a) In making a determination of responsibility, the contracting
officer may use the GSA Form 527, Contractor's Qualifications and
Financial Information, to obtain information regarding financial
capability from a prospective contractor.
(b) Advice should be obtained from all appropriate activities,
including legal counsel, quality control, credit and finance, in
arriving at a determination that an offeror qualifies as responsible
under the standards set forth in FAR 9.104.
(c) The ''auditor'' in FAR 9.105-1(b)(2)(ii) is the Assistant
Inspector General for Audits in the Central Office or the Regional
Inspector General for Audits in the regions except for the evaluation of
a prospective contractor's financial competence and credit needs, then
it is the Chief, Credit and Finance Section, Region 6.
48 CFR 509.105-3 Disclosure of preaward information.
When an offer is rejected because of a determination by the
contracting officer that the prospective contractor is not responsible,
the contracting officer shall notify the prospective contractor by
letter of the basis for the rejection. This will provide the offeror
with the opportunity to cure the factors that lead to the
nonresponsibility determination prior to the submission of offers in
response to future solicitations.
509.106 Preaward surveys.
48 CFR 509.106-1 Conditions for preaward surveys.
(a) The contracting officer shall obtain a preaward survey, in
accordance with FAR 9.106-1(a), when the contracting officer does not
have sufficient information to make a determination regarding the
offeror's responsibility. Factors to be considered in determining
whether to initiate a preaward survey are:
(1) The experience and past performance record of the offeror and the
dollar value of the procurement;
(2) The extent and currency of previous preaward surveys;
(3) Whether a bid guarantee is submitted and the type of guarantee
submitted (i.e., corporate surety, individual surety, irrevocable letter
of credit);
(4) Information as to the offeror's prior performance; and
(5) The adequacy of financial information submitted by the offeror
(i.e., certified balance sheets and income statements, audited annual
reports). Should a financial analysis be determined necessary, it
should include a credit report to identify delinquent debts, especially
those owed to the Federal Government.
(b) The preaward survey may be limited in scope under FAR 9.106-2(e)
to those aspects of the responsibility determination for which the
contracting officer is lacking information.
48 CFR 509.106-2 Requests for preaward surveys.
The contracting officer or a designee requests a preaward survey by
forwarding the Standard Form 1403, Preaward Survey of Prospective
Contractor (General), accompanied by the appropriate subparts of the
preaward survey (Standard Forms 1404 through 1408) to the surveying
activities. The Federal Supply Service is authorized to use GSA Form
353, Plant Facilities Report, for preaward surveys instead of Standard
Forms 1403 through 1406. The contracting officer shall complete Section
I of the GSA Form 353 in accordance with instructions in 553.370-353-I.
48 CFR 509.106-70 Disagreement with preaward survey recommendations.
When the contracting officer does not concur with the preaward survey
recommendation, the contract file must be documented as to the basis of
the determination of contractor responsibility. The concurrence of an
official one level above the contracting director (see GSAR 502.101)
must be obtained before awarding a contract to a firm which received an
unfavorable preaward survey. The activity that prepared the preaward
survey must be given a copy of the contracting officer's justification
for overriding the preaward survey recommendation.
48 CFR 509.106-70 Subpart 509.2 -- Qualification Requirements
48 CFR 509.202 Policy.
(a) The Federal Supply Service Commodity Center Engineering Division
Director shall prepare the written justification required by FAR
9.202(a)(1).
(b) The heads of contracting activities shall approve determinations
under FAR 9.202(e) that a proposed procurement need not be delayed to
comply with FAR 9.202(a).
48 CFR 509.204 Responsibility for establishment of a qualification
requirement.
The Commodity Center Director shall make determinations under FAR
9.204(a)(2) that the Government should bear the cost of conducting
specified testing and evaluation for a small business concern or a
product manufactured by a small business concern.
48 CFR 509.206 Acquisitions subject to qualification requirements.
48 CFR 509.206-1 General.
The contracting director shall submit requests that a qualification
requirement not be enforced in a particular acquisition to the Commodity
Center Engineering Division Director under FAR 9.206-1(e)(3).
48 CFR 509.206-2 Solicitation provisions and contract clauses.
The contracting officer shall insert the clause at 552.209-73,
Product Removal from Qualified Products List, in solicitations and
contracts, when qualified products are to be acquired. The clause
supplements the clauses at FAR 52.209-1 and 52.209-2.
48 CFR 509.206-2 Subpart 509.3 -- First Article Testing and Approval
48 CFR 509.302 General.
When first article testing and approval is appropriate for a
procurement pursuant to FAR Subpart 9.3, the general policy of the
Federal Supply Service (FSS) is to require:
(a) The contractor to perform required testing, unless after
coordinating with the technical specialist and Quality Assurance
Division (FQA) in the Office of Quality and Contract Administration the
contracting officer determines that Government testing is in the best
interest of the Government;
(b) That the first article be produced at the same facility where
production quantities will be produced; and
(c) That the first article serve as the manufacturing standard.
48 CFR 509.303 Use.
The contracting officer shall coordinate all determinations to
require first article testing and approval with the technical specialist
and FQA. At the time of coordination, the contracting officer should
obtain the following information from the technical specialist and FQA:
(a) The test requirements for inclusion in the solicitation as
outlined in FAR 9.306 (a) and (b).
(b) Advice on whether the contractor or the Government should perform
required testing.
(c) The information necessary to complete the fill-in requirements of
FAR clauses 52.209-3 First Article Approval -- Contractor Testing (and
alternates), and 52.209-4 First Article Approval -- Government Testing
(and alternates).
48 CFR 509.306 Solicitation requirements.
The contracting officer shall insert the provision at 552.209-74,
Waiver of First Article Testing and Approval Requirement, in
solicitations that require first article testing and approval. Any
determinations to waive first article testing under FAR 9.306(c) must be
approved before award by the technical specialist and the Quality
Assurance Division (FQA). The first article tests to be performed by
the contractor or the Government must be set forth in the solicitation.
48 CFR 509.308 Contract clauses.
48 CFR 509.308-1 Testing performed by the contractor.
In accordance with FAR 9.308-1, the FSS contracting officers shall
use the clause at FAR 52.209-3 with its Alternate I and the supplemental
clause at 552.209-75, Supplemental Requirements for First Article
Approval -- Contractor Testing.
48 CFR 509.308-2 Testing performed by the Government.
In accordance with FAR 9.308-2, FSS contracting officers shall use
the clause at FAR 52.209-4 with its Alternate I and the supplemental
clause at 552.209-76, Supplemental Requirements for First Article
Approval -- Government Testing.
48 CFR 509.308-2 Subpart 509.4 -- Debarment, Suspension, and Ineligibility
48 CFR 509.401 Applicability.
This subpart applies to acquisitions of personal property,
nonpersonal services (including construction), space in buildings,
transportation services (FPMR Subpart 101-40.4), contracts for disposal
of personal property (FPMR Subpart 101-45.6), and to covered
transactions as defined at GSPMR 105-68.110(a).
48 CFR 509.403 Definitions.
Debarring official and suspending official mean the Associate
Administrator for Acquisition Policy or a designee.
Fact-finding official means the Chairman of the Debarment and
Suspension Board within the GSA Board of Contract Appeals or a designee.
Notice means a letter sent by certified mail, return receipt
requested, to the last known address of a party, its counsel, or agent
for service of process. In the case of a business, such notice may be
sent to any partner, principal officer, director, owner or co-owner, or
joint venturer. If no return receipt is received within 10 calendar
days of mailing, receipt will then be presumed.
48 CFR 509.405 Effect of listing.
Before initiating a pre-award survey or any procurement or disposal
action, the contracting officer shall review the List of Parties
Excluded from Federal Procurement or Nonprocurement Programs. Any
contractor listed in the section entitled ''Parties Excluded from
Procurement Programs'' must receive the treatment specified therein.
The contracting officer shall also review the ''Parties Excluded from
Nonprocurement Programs'' section of the list and, if appropriate,
contact the listing agency for further information in order to determine
whether the listed party is responsible.
(56 FR 51660, Oct. 15, 1991)
48 CFR 509.405-1 Continuation of current contracts.
(a) Termination of current contracts should be considered under the
circumstances set forth in (a) (1) and (2) of this section.
(1) When the circumstances giving rise to the debarment or suspension
also constitute a default in the contractor's performance of the
contract, termination for default under the contract's ''Default''
clause is appropriate.
(2) If the contractor presents a significant risk to the Government
in completing a current contract, the contracting officer shall
determine whether termination for convenience or cancellation under
appropriate contract provisions is in the Government's best interest.
In making this determination, the contracting officer shall consult with
counsel and should consider the following factors:
(i) Seriousness of the cause for debarment or suspension;
(ii) Extent of contract performance;
(iii) Potential costs of termination and reprocurement;
(iv) Urgency of the requirement and the impact of the delay of
reprocurement;
(v) Availability of other safeguards to protect the Government's
interest until completion of the contract.
(b) The debarring or suspending official shall make determinations
under FAR 9.405-1(b).
(c) The contracting officer should consult with legal counsel
regarding the availability of remedies under FAR Subparts 3.2 and 3.7.
48 CFR 509.405-2 Restrictions on subcontracting.
The debarring or suspending official shall make determinations under
FAR 9.405-2.
48 CFR 509.406 Debarment.
48 CFR 509.406-1 General.
The debarring official shall make determinations under FAR
9.406-1(c).
48 CFR 509.406-3 Procedures.
(a) Investigation and referral. (1) Any element of GSA, acting as a
contracting activity, that becomes aware of circumstances which may
serve as the basis for a debarment shall refer the matter to the
debarring official for consideration. Circumstances that involve
possible criminal or fraudulent activities must first be reported to the
Office of the Inspector General (OIG) in accordance with GSPMR
105.735-216, Reporting Suspected Irregularities. If appropriate, the
Inspector General will refer the matter to the debarring official.
(2) At a minimum, referrals for consideration of debarment action
should include:
(i) The recommendation and rationale for the referral;
(ii) A statement of facts;
(iii) Copies of documentary evidence and a list of all witnesses,
including addresses and telephone numbers, together with a statement
concerning their availability to appear at a fact-finding proceeding and
the subject matter of their testimony;
(iv) A list of parties including the contractor, principals, and
affiliates (including last known home and business addresses, zip codes,
and DUNS Number);
(v) GSA's acquisition history with the contractor, including recent
experience under contracts and copies of the pertinent contracts;
(vi) A list of any known active or potential criminal investigations,
criminal or civil proceedings, or administrative claims before the Board
of Contract Appeals; and
(vii) A statement regarding the impact of the debarment action on GSA
programs. This statement is not required for referrals by the Inspector
General.
(3) Referrals may be returned to the originator for further
information or development.
(b) Decisionmaking process. (1) Upon receipt of a referral, the
debarring official will decide whether to initiate debarment action,
after coordinating the matter with assigned legal counsel.
(2) Contracting activities will be notified of proposed debarments.
(3) Where a determination is made not to initiate action, notice will
be given to the agency official who made the referral.
(4) If a response to the notice of proposed debarment is not received
by the debarring official within 30 calendar days of a party's receipt
of the notice, the debarment becomes final.
(5) If the party desires to present information and arguments in
person to the debarring official, an oral presentation will be held
within 20 calendar days of receipt of the request, unless a longer
period of time is requested by the party. The oral presentation will be
informally conducted and a transcript need not be made. The party may
supplement the oral presentation with written information and arguments.
(6) In actions not based on a conviction or judgment, the party may
request a fact-finding hearing to resolve a genuine dispute of material
fact. The party shall identify the material facts in dispute and the
basis for disputing the facts. If the debarring official determines
that there is a genuine dispute of material fact, the debarring official
shall refer the matter to the fact-finding official. The fact-finding
official will schedule a hearing within 20 calendar days of receipt of
the debarring official's request. Extensions may be granted for good
cause upon the request of the party or the agency.
(7) The purpose of a fact-finding hearing is to:
(i) Afford the affected party the opportunity to dispute material
facts relating to the proposed debarment through the submission of oral
and written evidence;
(ii) Resolve facts in dispute and provide the debarring official with
written findings of fact based on a preponderance of evidence; and
(iii) Provide the debarring official with a determination as to
whether a cause for debarment exists, based on facts as found.
(8) Hearings will be conducted by the fact-finding official in
accordance with rules consistent with FAR 9.406-3(b)(2) promulgated by
that official.
(9) The fact-finding official will notify the affected parties of the
schedule for the hearing. The fact-finding official shall deliver
written findings of fact to the debarring official (together with a
transcription of the proceeding, if made) within 20 calendar days after
the hearing record closes.
(54 FR 26507, June 23, 1989, as amended at 56 FR 47005, Sept. 17,
1991)
509.407 Suspension.
48 CFR 509.407-1 General.
The suspending official shall make determinations under FAR
9.407-1(d).
48 CFR 509.407-3 Procedures.
(a) Investigation and referral. The procedures in 509.406-3(a) apply
to referrals for suspension.
(b) Decisionmaking process. (1) Upon receipt of a referral, the
suspending official will decide whether to suspend, after coordinating
the matter with assigned legal counsel.
(2) In cases not based on an indictment, the suspending official
must, through OIG, coordinate with the Department of Justice, or state
prosecutorial authority. On the basis of advice received, the
suspending official shall determine whether substantial interests of the
Federal or a state government would be impaired in fact-finding.
(3) A response to a suspension notice must be received by the
suspending official within 30 calendar days of receipt by the parties to
be considered.
(4) When requested, an oral presentation before the suspending
official will be conduted as outlined in 509.406-3(b)(5).
(5) Fact-finding hearings will not be conducted in actions based on
indictments, or in cases in which the suspending official determines
pursuant to FAR 9.407-3(b)(2) not to refer a matter to the fact-finding
official. A party may request a fact-finding hearing to resolve genuine
disputes of material fact in other cases. The party shall identify the
material facts in dispute and the basis for disputing the facts. If the
suspending official determines that there is a genuine dispute of
material fact, the suspending official shall refer the matter to the
fact-finding official. The fact-finding official will schedule a
hearing within 20 calendar days of receipt of the suspending official's
request. Extensions may be requested by the party or the agency.
(6) The purpose of a fact-finding hearing is to:
(i) Afford the affected party the opportunity to dispute facts
relating to the suspension action through the submission of oral and
written evidence;
(ii) Determine whether, in light of the evidence presented, there is
adequate evidence to suspect that the material allegations in the notice
are true; and
(iii) Provide the suspending official with a determination as to
whether the evidence is adequate to support a cause for suspension.
Hearings will be conducted as outlined in 509.406-3(b)(8).
(54 FR 26507, June 23, 1989, as amended at 54 FR 40060, Sept. 29,
1989)
48 CFR 509.407-3 Subpart 509.5 -- Organizational Conflicts of Interest
48 CFR 509.503 Waiver.
The Associate Administrator for Acquisition Policy approves requests
to waive the general rules or procedures of FAR Subpart 9.5.
48 CFR 509.507 Procedures.
If a potential contractor disagrees with the contracting officer's
resolution of a potential organizational conflict of interest (see FAR
9.507(b)(4)), the matter must be referred to the Associate Administrator
for Acquisition Policy for a determination.
48 CFR 509.507 PART 510 -- SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE
DESCRIPTIONS
Sec.
510.001 Definitions.
510.002 Policy.
510.004 Selecting specifications or descriptions for use.
510.004-70 Solicitations, brand name or equal descriptions.
510.004-71 Offer evaluation and award, brand name or equal
descriptions.
510.007 Deviations.
510.007-70 Responsibilities of the contracting officer.
510.011 Solicitation provisions and contract clauses.
510.070 Specifications.
510.070-1 Exceptions to mandatory use of Federal specifications.
510.070-2 Optional use of interim Federal specifications.
510.070-3 Use of Federal or interim Federal specifications and
standards.
510.070-40 Other than Federal and interim Federal specifications.
510.071 Standards.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26510, June 23, 1989, unless otherwise noted.
48 CFR 510.001 Definitions.
Dual systems mean the use of both inch-pound and metric systems. For
example, an item is designed, produced, and described in inch-pound
values with soft metric values also shown for information or comparison
purposes.
Hybrid systems mean the use of both inch-pound and hard metric values
in specifications, standards, supplies, and services; e.g., an engine
with internal parts in metric dimensions and external fittings or
attachments in inch-pound dimensions.
Metric system means the International System of Units established by
the General Conference of Weights and Measures in 1960. The units are
listed in Federal Standard 376A, ''Preferred Metric Units for General
Use by the Federal Government.''
Soft metric means the result of mathematical conversion of inch-pound
measurements to metric equivalents in specifications, standards,
supplies, and services. The physical dimensions are not changed.
Specification Manager means an official of the Federal Supply Service
office responsible for Federal or Interim Federal Specifications (or the
program office for other than Federal specifications) and for reviewing
requests for a deviation from a specification.
(56 FR 2864, Jan. 25, 1991)
48 CFR 510.002 Policy.
Consistent with the policy expressed in FAR 10.002 (c) and GSA Order
ADM 8000.1A, solicitations must include specifications and purchase
descriptions stated in metric units of measurement whenever metric is
the accepted industry system. If metric is not the accepted industry
system, the head of Central Office Services responsible for nationwide
programs shall ensure that policies promoting and encouraging the use of
soft metric, hybrid, or dual systems are developed, except when to do so
would be detrimental to the program mission. Whenever possible,
commercially developed metric specifications and internationally or
domestically developed voluntary standards using metric measurements
must be adopted. While an industry is in transition to metric,
solicitations must include specifications and purchase descriptions
stated in soft metric, hybrid, or dual systems, except when impractical
or inefficient.
(56 FR 33721, July 23, 1991)
48 CFR 510.004 Selecting specifications or descriptions for use.
(a) Brand name products or equal -- (1) Citing brand name products.
Brand name or equal purchase descriptions must cite all brand name
products known to be acceptable and of current manufacture. The
purchase description must be amended for future acquisitions to add
additional acceptable brand name products or to delete brand names no
longer applicable. Information on additions and deletions shall be
immediately communicated to the specification manager.
(2) Specifying essential characteristics. Brand name or equal
purchase descriptions must specify each physical or functional
characteristic essential to the intended use of the product or a
defective solicitation necessitating the resolicitation of the
requirement may result. (See 510.004-71.) Characteristics that cannot
be shown to materially affect the intended end use, and which
unnecessarily restrict competition, must be avoided. When describing
essential characteristics, permissible tolerances should be indicated.
(b) Limitations on use of brand name or equal purchase descriptions.
(1) The use of brand name or equal purchase descriptions in
solicitations is intended to encourage the offering of products that are
equal in all material respects to brand name products cited in such
descriptions. Identification by brand name does not indicate a
preference for the products mentioned, but indicates the quality and
salient characteristics of products that will meet the Government's
minimum needs. Where a component of an item is described in the
solicitation by a brand name or equal purchase description and the
contracting officer determines that application of the clause at
552.210-74 would be impracticable, the requirement to include the entry
described in 510.004-70(a) does not apply. If the clause is included in
the solicitation for other reasons, a statement to identify either the
component parts (described by brand name or equal descriptions) to which
the clause applies, or those to which it does not apply, must be
included in the solicitation. This also applies to accessories related
to an end item where a brand name or equal purchase description of the
accessories is a part of the description of an end item. Brand name or
equal descriptions may not be used to procure a particular product under
the guise of a competitive procurement to the exclusion of other
products meeting minimum needs.
(2) In small purchases, brand name policies and procedures apply to
the extent practical.
(3) A brand name or equal purchase description may not be used unless
it is approved by the contracting director.
48 CFR 510.004-70 Solicitations, brand name or equal descriptions.
(a) An entry substantially as follows should be inserted in the item
listing after each item or component part of an end item to which a
brand name or equal purchase description applies.
Offering on:
Manufacturer's Name
Brand
No.
(b) Except when bid samples are requested for brand name or equal
procurements, the following notice, substantially as shown, should be
inserted in the item listing after each brand name or equal item (or
component part) or at the bottom of each page listing several such
items:
OFFERORS OFFERING OTHER THAN BRAND NAME ITEMS IDENTIFIED HEREIN
SHOULD FURNISH WITH THEIR OFFERS ADEQUATE INFORMATION TO ENSURE THAT A
DETERMINATION CAN BE MADE AS TO EQUALITY OF THE PRODUCT(S) OFFERED (SEE
THE CLAUSE AT 552.210-74 BRAND NAME OR EQUAL OF THIS SOLICITATION).
48 CFR 510.004-71 Offer evaluation and award, brand name or equal
descriptions.
An offer may not be rejected for failure of the offered product to
equal a characteristic of a brand name product not specified in the
brand name or equal description. Whenever it is determined after bid
opening that the unspecified characteristic is essential to the intended
end use, see 510.004(a)(2).
48 CFR 510.007 Deviations.
The head of the contracting activity shall ensure that deviations
conform to the requirements of FAR 10.007 and this subpart.
48 CFR 510.007-70 Responsibilities of the contracting officer.
(a) The contracting officer shall obtain the concurrence of the
specification manager in the Federal Supply Service (FSS) to deviate
from a Federal specification before issuance of a solicitation or
amendment of a solicitation. The contracting officer shall consider the
following factors before forwarding a deviation request for evaluation:
(1) The impact that it might have on the ability of other offerors to
furnish the item, and on future solicitations for the same item.
(2) Whether the item is the subject of a protest, is under
litigation, or is sensitive or controversial.
(3) The timeliness of the deviation request.
(4) The urgency of the requirement.
(b) In addition to the information required at FAR 10.007(a)(4), a
contracting officer's request to deviate from a Federal specification
should include the effect of the deviation on the form, fit, or function
of the item, if known.
48 CFR 510.011 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert the clause at 552.210-70,
Standard References, in solicitations and contracts for construction
services when the contract amount is expected to exceed the small
purchase limitation and when:
(1) Citing documents or publications not furnished with the
solicitation, or
(2) Incorporating documents or publications by reference.
(b) The contracting officer shall insert the clause at 552.210-71,
Reference to Specifications in Drawings, in solicitations and contracts
citing Federal specifications which contain drawings.
(c) The contracting officer shall insert a clause substantially the
same as the clause at 552.210-72, Acceptable Age of Supplies, or the
clause at 552.210-73, Age on Delivery, in solicitations and contracts if
the contractor will be required to furnish shelf-life items within a
specified number of months from the date of manufacture or production of
the supplies. (See 101-27.206-2 of the Federal Property Management
Regulation.) The Acceptable Age of Supplies clause at 552.210-72 should
be used when the required shelf-life period is 12 months or less, and
lengthy acceptance testing may be involved. For items having a limited
shelf-life, Alternate I to 552.210-72 must be substituted in the basic
clause when requested by the director of the commodity center concerned
and authorized by the Director, Operations Management Division. The Age
on Delivery clause at 552.210-73 should be used when the required
shelf-life period is more than 12 months, or when source inspection can
be performed within a short time period.
(d) The contracting officer shall include the clause at 552.210-74,
Brand Name or Equal, in solicitations and contracts using a brand name
or equal purchase description.
(e) The contracting officer shall include the clause at 552.210-75,
Marking, in requirements solicitations and contracts for supplies when
deliveries may be made to civilian and military activities and the
contract amount is expected to exceed the small purchase limitation.
The clause may be used in definite quantity contracts when it is
appropriate.
(f) The contracting officers shall insert the clause at 552.210-76,
Charges for Marking, in solicitations and contracts that include the
clause at 552.210-75 or a similar clause.
(g) The contracting officer shall include the clause at 552.210-77,
Preservation, Packaging and Packing, in solicitations and contracts for
supplies when the contract amount is expected to exceed the small
purchase limitation. The contracting officer may include the clause in
contracts awarded through small purchase procedures when appropriate.
(h) The contracting officer shall insert a clause substantially the
same as the clause at 552.210-78, Charges for Packaging and Packing, in
solicitations and contracts for supplies that are to be delivered to GSA
distribution centers.
(i) The contracting officer shall include the clause at 552.210-79,
Packing List, in solicitations and contracts for supplies including
small purchases.
510.070 Specifications.
48 CFR 510.070-1 Exceptions to mandatory use of Federal specifications.
Contracting activities shall use an interim Federal specification
when it is more suitable or there is no existing Federal specification.
48 CFR 510.070-2 Optional use of interim Federal specifications.
When a contracting activity finds an interim Federal specification is
not practical, or that changes are desirable, the specification manager
should be notified in writing of the recommended changes.
48 CFR 510.070-3 Use of Federal or interim Federal specifications and
standards.
(a) Federal or interim Federal specifications and standards must be
incorporated by reference into solicitations. The reference must
identify the specifications or standard by series, i.e., Federal,
military, or departmental (e.g., Forest Service), followed by the number
and date. (The specification number includes the revision indicator.)
Amendments must be identified, e.g., Federal Specification PPP-B-636G,
dated February 17, 1972, and Interim Amendment 1, dated August 30, 1972.
(b) Specifications or standards which are canceled or superseded must
not be used.
48 CFR 510.070-4 Other than Federal and interim Federal specifications.
(a) When the services or staff offices issue guide specifications
that apply to the contracting offices within an organization, the head
of the service or staff office may establish the review procedures for
deviation requests.
(b) The contracting officer shall analyze requests for deviations in
accordance with the requirements outlined in 510.007-70.
48 CFR 510.071 Standards.
The provisions of 510.070-1 and 510.070-2 regarding interim Federal
specifications and the procedures and requirements concerning deviations
in 510.070-4 also apply to Federal standards.
48 CFR 510.071 PART 511 -- ACQUISITION AND DISTRIBUTION OF COMMERCIAL
PRODUCTS
Sec.
511.001 Definitions.
511.003 General.
511.070 Solicitation provision.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26511, June 23, 1989, unless otherwise noted.
48 CFR 511.001 Definitions.
Commercial item description (CID) is a simplified product description
that describes by design, function, and/or performance the
characteristics of available, acceptable, commercial supplies.
48 CFR 511.003 General.
(a) The specification manager with advice from the contracting
officer, if necessary, shall determine if inclusion of a CID in a
solicitation is the most appropriate way of describing the Government's
needs.
(b) When the CID consists of only the minimum salient characteristics
of the commercially available supplies (e.g., general requirements, test
procedures), a commercial item certification must be included in the
solicitation. (See 511.070.) Because the certification provision
supplements and replaces the quality assurance provisions, the
certification must be obtained to represent that the supplies being
offered are of standard commercial quality.
(c) For CID's that incorporate specific salient characteristics
including performance standards, packaging and packing requirements,
quality assurance provisions (e.g., visual examination, sampling plans,
test methods) the commercial item certification is not required. In
this instance, the CID is the sole basis of determining whether the item
meets the Government's needs.
48 CFR 511.070 Solicitation provision.
Except for supplies acquired using the Federal Prison Industries or
Workshops as mandatory sources (see FAR Subparts 8.6 and 8.7), the
contracting officer shall include the provision at 552.211-70,
Commercial Item Certification, in solicitations for supplies when a
basic or broad description of a standard commercially available product
is used to describe the requirement.
48 CFR 511.070 PART 512 -- CONTRACT DELIVERY OR PERFORMANCE
48 CFR 511.070 Subpart 512.1 -- Delivery or Performance Schedules
Sec.
512.101 General.
512.104 Contract clauses.
Authority: 40 U.S.C. 486(c)
Source: 54 FR 26512, June 23, 1989, unless otherwise noted.
48 CFR 511.070 Subpart 512.1 -- Delivery or Performance Schedules
48 CFR 512.101 General.
(a) Normally, time of delivery in solicitations and contracts, except
multiple award schedules, will be stated as ''required'' time of
delivery (or shipment), expressed in specific periods from receipt by
the contractor of a notice of award (or receipt of a delivery order).
In multiple award schedule solicitations delivery times will usually be
stated as ''desired'' and offerors will indicate a definite number of
days for delivery.
(b) The contracting officer must be satisfied that the requisitioning
office has justified, in writing, an unusually short time of delivery.
This is particularly important where the time specified is so short that
it may limit competition and possibly result in higher prices. Examples
of justifications are:
(1) Furniture is required to outfit quarters scheduled for occupancy
on a specific date;
(2) Construction material is required to meet job progress schedules;
and
(3) Supplies are required at a port to meet scheduled ship
departures.
(c) When a portion of the total delivery is needed early, the
contracting officer should:
(1) Consider requiring that portion by the early date and the balance
later; and
(2) Determine whether the portion required early and the balance
should be included as separate items in the same solicitation or whether
the two portions should be procured separately.
(d) When a solicitation contains a mixture of items that require
different times for delivery, the delivery periods should be set forth
separately and items with similar delivery time requirements should be
grouped according to delivery times in the solicitation.
(e) In negotiations for multiple award schedules, the contracting
officer should secure the best possible delivery time regardless of the
''desired'' delivery time(s) in the solicitation. For example, some
offers comply with the Government's desired delivery time but others
cite delivery times which are substantially shorter. The former should
be negotiated to bring them in line with the latter. Variable delivery
time offers (e.g., 30-90 days) should be negotiated to keep the timespan
to a minimum. If the span applies to several items or several quantity
breaks for one item, the items or item quantity breaks should be
segregated into smaller groups which can be assigned more specific
delivery times.
48 CFR 512.104 Contract clauses.
(a) Supply contracts. The contracting officer shall insert the
clause at:
(1) 552.212-1(a), Time of Delivery, in solicitations and single award
schedule contracts for supplies. If it is necessary to show different
delivery times for different items or groups of items, use Alternate I.
(2) 552.212-1(b), Time of Delivery, in solicitations and multiple
award schedule contracts for supplies. If the Government's desired
delivery time is shown in the Schedule of Items, use Alternate I. If
the same delivery time applies to all items, use Alternate II.
(3) 552.212-70, Time of Shipment, in solicitations and stock
replenishment contracts that do not include the Availability for
Inspection, Testing and Shipment/Delivery clause at 552.212-72 and
require shipment within 45 calendar days after receipt of the order. If
shipment is required in more than 45 days, use Alternate I.
(4) 552.212-71, Notice of Shipment, in solicitation and contracts for
supplies when it is in the Government's interest to have the contractor
furnish a notice of shipment.
(5) 552.212-72, Availability for Inspection, Testing and
Shipment/Delivery, in solicitations and contracts that provide for
source inspection by Government personnel and that require lengthy
testing for which timeframes cannot be determined in advance. If the
contract is for stock items, use Alternate I.
(b) Construction contracts. The contracting officer shall insert the
clause at 552.212-74, Non-compliance with Contract Requirements, in
solicitations and contracts for construction when the contract amount is
expected to exceed the small purchase limitation.
48 CFR 512.104 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR 512.104 PART 513 -- SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
48 CFR 512.104 Subpart 513.1 -- General
Sec.
513.106 Competition and price reasonableness.
513.106-70 Unusual and compelling urgency procurements.
48 CFR 512.104 Subpart 513.2 -- Blanket Purchase Agreements
513.203 Establishment of Blanket Purchase Agreements.
513.203-1 General.
513.204 Purchases under Blanket Purchase Agreements.
48 CFR 512.104 Subpart 513.3 -- Fast Payment Procedure
513.301 General.
48 CFR 512.104 Subpart 513.4 -- Imprest Fund
513.403 Agency responsibilities.
513.404 Conditions for use.
513.405 Procedures.
48 CFR 512.104 Subpart 513.5 -- Purchase Orders
513.501 General.
513.505 Purchase order and related forms.
513.505-2 Agency order forms in lieu of Optional Forms 347 and 348.
513.505-3 Standard Form 44, Purchase Order-Invoice-Voucher.
513.505-70 Two-party contract forms.
48 CFR 512.104 Subpart 513.70 -- Certified Invoice Procedure
513.7001 Certified invoice procedure for procurements not requiring a
written purchase order.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26512, June 23, 1989, unless otherwise noted.
48 CFR 512.104 Subpart 513.1 -- General
48 CFR 513.106 Competition and price reasonableness.
(a) Purchase over 10% of the small purchase threshold. Solicitation
of at least three sources in accordance with FAR 13.106(b)(5) may be
considered to promote maximum competition if there is a reasonable
expectation of obtaining two or more quotations that will be competitive
in terms of market price. If there is no expectation of obtaining two
or more competitive quotations, more than three sources should be
solicited. If only one response is received, the purchase may be made
if the price is reasonable and the contractor is responsible.
(b) Oral solicitation. Quotations may be solicited orally under the
circumstances described in FAR 13.106(b)(2) unless:
(1) The acquisition includes a wage determination issued by the
Department of Labor under the Service Contract Act; or
(2) The acquisition meets the requirements in FAR 5.101(a)(1) and
must be synopsized in the Commerce Business Daily.
(c) Data to support small purchases. (1) When other than the lowest
quotation is accepted, the basis for rejecting any lower quotation must
be included in the purchase file.
(2) The GSA Form 2010, Small Purchases Tabulation Source
List/Abstract, or an automated equivalent which provides substantially
the same documentation, must be used to document written and oral
quotations.
(54 FR 26512, June 23, 1989, as amended at 55 FR 48847, Nov. 23,
1990)
48 CFR 513.106-70 Unusual and compelling urgency procurements.
When a procurement is of unusual and compelling urgency, competition
may be solicited by having prospective sources visit the site together,
orally informing them of the exact requirements, and requesting them to
prepare quotations while written specifications are being prepared for
inclusion in the contract. Unusual and compelling urgency, as used in
this subsection, includes situations which, if not corrected
immediately, will result in unnecessary expenditure of funds, property
damage, personal injury, or interruption of agency functions.
48 CFR 513.106-70 Subpart 513.2 -- Blanket Purchase Agreements
48 CFR 513.203 Establishment of Blanket Purchase Agreements.
48 CFR 513.203-1 General.
(a) Document preparation. Blanket purchase agreements (BPA's) must
be prepared on a purchase order form or on a GSA Form 3521, Blanket
Purchase Agreement.
(b) Terms and conditions. Each blanket purchase agreement should,
when appropriate, specify the geographic area to be served under the
BPA.
(c) Placing orders under the BPA. Only the contracting officer (CO)
or officials authorized by a CO and designated in the BPA are authorized
to place orders under the BPA. The GSA Form 2877, Non-Depot Item
Requisition / Order / Receiving / Payment Record, is authorized for use
by the Federal Supply Service in placing orders against BPA's for
customer supply center items that are not available from Government
supply depots. Before placing orders against the BPA, each requirement
must be screened for availability from mandatory sources of supply.
Necessary controls must be maintained by the person placing orders under
the BPA to ensure that any limitation stated therein is not exceeded.
The BPA number and purchase number should be specified each time an
order is placed.
(d) Delivery or service tickets. Each delivery ticket, in addition
to the requirements of FAR 13.203-1(j)(6), must contain the name of the
person placing the order. The delivery ticket must be signed and dated
by the individual receiving the items or services. The supplier and the
receiving office must retain a copy of the delivery ticket.
(e) Invoicing. If a supplier will not accept one of the invoicing
statements outlined in FAR 13.203-1(j)(7), the contracting officer is
authorized to deviate from FAR 13.203(j)(7) in order to permit the
submission and payment of invoices for each delivery under the BPA.
Before authorizing submission and payment of invoices for individual
deliveries, the contracting officer must make every effort to get the
supplier to accept one of the FAR invoicing statements. The BPA file
must document the contracting officer's efforts and the supplier's
refusal to accept the FAR invoicing statements.
(f) Processing invoices. Invoices must be time-stamped by the
designated billing office to indicate the date of receipt. Invoices
received by ordering offices must be forwarded to the appropriate
Finance Division for payment within 5 workdays of receipt of the invoice
or acceptance of the supplies or services, whichever is later, unless
the BPA provides for the accumulation of invoices as outlined in FAR
13.203-1(j)(7)(iii). If the BPA provides for accumulation of invoices by
the ordering office for a specified period, the ordering office must
forward the accumulated invoices to the appropriate Finance Division for
payment within 5 workdays after the specified period for accumulation.
All invoices should be marked to indicate that purchases were made under
a BPA.
48 CFR 513.204 Purchases under Blanket Purchase Agreements.
(a) Individual purchases under BPA's may not exceed $10,000.
(b) Individual purchases under BPA's may exceed the $10,000 threshold
in paragraph (a) of this section and the small purchase threshold (FAR
13.101) if the BPA has been established in accordance with FAR
13.203-1(f).
48 CFR 513.204 Subpart 513.3 -- Fast Payment Procedure
48 CFR 513.301 General.
The fast payment procedure is not authorized for use by GSA
contracting activities.
48 CFR 513.301 Subpart 513.4 -- Imprest Fund
48 CFR 513.403 Agency responsibilities.
Imprest fund cashiers must be designated and will function in
accordance with HB, Accounting Users Guide -- Imprest Fund and Travelers
Checks (COM P 4268.1) and FAR Subpart 13.4.
48 CFR 513.404 Conditions for use.
The per transaction limitation for cash payments made through imprest
funds is $500 ($600 for emergency disbursements by imprest fund cashiers
in Alaska).
48 CFR 513.405 Procedures.
The SF 1164, Claim for Reimbursement for Expenditures on Official
Business, or SF 1165, Receipt for Cash -- Subvoucher, will serve as the
authorized purchase requisition for purchases made by offices
maintaining their own imprest funds, e.g., Public Buildings Service
Field Offices. Purchase requisitions such as the GSA Form 49,
Requisition/Procurement Request for Equipment, Supplies or Services, may
be used if required by contracting activity directives. If the GSA Form
49 is used, it must be endorsed ''Payment to be made from imprest
fund.''
48 CFR 513.405 Subpart 513.5 -- Purchase Orders
48 CFR 513.501 General.
The Finance Divisions will not accept facsimile signatures on
machine-produced purchase orders. An original or carbon copy (but not
photocopied) handwritten signature is required to obligate funds for
individual purchase orders except for machine-produced purchase orders
generated by the FSS-19 system.
48 CFR 513.505 Purchase order and related forms.
48 CFR 513.505-2 Agency order forms in lieu of Optional Forms 347 and
348.
(a) Unless another form is prescribed, the GSA Form 300 or 300-1
(pin-feed format), Order for Supplies and Services, must be used instead
of the OF 347, Order for Supplies or Services, when making purchases
payable through the National Electronic Accounting and Reporting (NEAR)
System. The forms may also be used to make other purchases when a
specific form is not prescribed or as a delivery order to place orders
under established contracts. The GSA Form 300 must be prepared and
processed in accordance with the instructions at 553.370-300-I. GSA Form
300A or 300-A(1) (pin-feed format), order for Supplies or Services
(continuation), is available for use with GSA Form 300 or 300-1.
(b) The GSA Form 1458, Motor Vehicle Shop Work Order, Repair and
Purchase Order, must be used instead of the OF 347 when making purchases
in connection with the maintenance, servicing or repair of GSA fleet
management vehicles.
(c) The GSA Form 3186, Order for Supplies or Services, GSA Form
3186A, Order for Supplies or Services (Small Purchase), or GSA Form
3186B, Order for Supplies or Services (EDI), must be used instead of the
OF 347, Order for Supplies or Services, when making small purchases or
placing delivery orders against established contracts through the FSS-19
system. The GSA Form 3186 must be used when generating orders against
established contracts that will be mailed to contractors. The GSA Form
3186A must be used when orders, utilizing small purchase procedures,
will be mailed to the contractors. The GSA Form 3186B must be generated
and placed in the file to document delivery orders and purchase orders
transmitted to contractors electronically using Electronic Data
Interchange (EDI) procedures. The GSA Form 3186C, Purchase Order
Notice, or electronic equivalent, simultaneously will be generated by
FSS-19 to provide summary data from the order to the consignee and the
freight forwarder (if designated).
(d) GSA Form 8002, Motor Vehicle Delivery Order, is used to order
fleet management vehicles. This form is not intended for use as a
purchase order for small purchases and does not include provisions and
clauses on the reverse.
(54 FR 26512, June 23, 1989, as amended at 57 FR 7555, Mar. 3, 1992)
48 CFR 513.505-3 Standard Form 44, Purchase Order-Invoice-Voucher.
(a) General. Use of the Standard Form 44 will not serve the best
interest of either the Government or business when the accounting system
of the seller requires production of an invoice as a matter of routine.
In these cases, other authorized methods of making small purchases
should be used. Whenever possible, preference should be given to the
use of imprest funds and blanket purchase agreements.
(b) Issuance of books from stock. SF 44 books will be issued to
contracting directors or their designees. Contracting directors are
responsible for the custody and issuance of books to the users.
48 CFR 513.505-70 Two-party contract forms.
(a) When a determination is made that it is in the Government's
interest to negotiate a two-party contract (see FAR 13.104(f)) for
services, Standard Form 1447, Solicitation/Contract, may be used,
together with GSA Form 3519, Representations and Certifications.
(b) The GSA Form 3519, Representations and Certifications, may also
be used with other two-party contract forms (e.g., SF-33, SF-1442 or
SF-1447) when a determination is made that is in the Government's
interest to use a two-party contract form.
(c) The GSA Form 3504, Service Contract Clauses, may be used on an
optional basis when a two-party contract form is used to make a small
purchase.
(54 FR 26512, June 23, 1989, as amended at 55 FR 20458, May 17, 1990;
55 FR 48847, Nov. 23, 1990)
48 CFR 513.505-70 Subpart 513.70 -- Certified Invoice Procedure
48 CFR 513.7001 Certified invoice procedure for procurements not
requiring a written purchase order.
(a) When advantageous to the Government, supplies or services may be
acquired on the open market from local suppliers using vendors' invoices
instead of purchase orders. Certified invoice procedures may not be
used to place orders under established contracts unless authorized in
the contract.
(b) Such purchases must comply with FAR Part 13 and Part 513, subject
to the following:
(1) The amount of any one purchase is $2,000 or less for construction
services and $2,500 or less for supplies or service other than
construction.
(2) A purchase order is not required by either the supplier or the
Government.
(3) Appropriate invoices can be obtained from the supplier.
(c) The items to be purchased must be domestic source end products,
except as provided in FAR Subpart 25.1. For special rules governing
purchases of hand and measuring tools and stainless steel flatware see
525.105-70 and 525.105-71.
(d) Use of the certified invoice procedure does not eliminate the
requirements to:
(1) Reserve small purchases for small business in accordance with FAR
13.105, or document the file;
(2) Solicit competitive quotations in accordance with FAR 13.106;
(3) Certify that the quality and quantity of items/services furnished
are in accordance with the verbal agreement made with the vendor;
(4) Document the record in accordance with FAR 13.106(c) and
513.106(c).
(e) Quotations may be solicited by authorized personnel without
contracting officer warrants. Placement of any orders must be approved
in advance by a contracting officer. The approval shall be in writing
unless geographic distances make it impracticable to obtain a written
approval on the GSA Form 2010 or other documentation. In those cases
telephonic approval may be obtained and a notation of the approval
recorded.
(f) Contracting officers using this purchasing technique shall
require the suppliers to immediately submit properly prepared invoices
which itemize property or services furnished.
(g) Upon receiving the invoice, the receiving office shall time-stamp
the invoice to indicate the date the invoice is received, verify the
accuracy of the invoiced amount, and verify that the supplies and/or
services have been received and accepted. The contracting officer or a
designated representative shall obtain a certification of receipt and
acceptance from the individual that actually inspected and accepted the
supplies and/or services before certifying the invoice and forwarding to
the appropriate Finance Division for payment. Supplies and/or services
should be inspected and accepted or rejected within 7 calendar days of
delivery/completion. The invoice must be forwarded to the appropriate
Finance Division for payment within 5 workdays after receipt of the
invoice or acceptance of the supplies and/or services, whichever is
later. Before forwarding the invoice to Finance, the contracting
officer shall stamp it with the Certified Invoice Stamp, complete the
accounting information, type of business (corporation, sole
proprietorship/partnership, or other), and certification, and affix the
ACT number label. If a Certified Invoice Stamp is not available, place
the following statement on the invoice along with the ACT number label,
accounting information and the type of business. (Note: In some
organizations, the ACT number label is affixed by a budget or executive
office within the service or staff office.)
''I certify that these goods and/or services were received on (Date)
and accepted on (Date). An oral purchase was authorized and no
confirming order has been issued.''
Signature of Contracting/Ordering Officer
Print name and telephone No.
Date Invoice received
(54 FR 26512, June 23, 1989, as amended at 56 FR 47005, Sept. 17,
1991; 57 FR 26609, June 15, 1992)
48 CFR 513.7001 PART 514 -- SEALED BIDDING
48 CFR 513.7001 Subpart 514.2 -- Solicitation of Bids
Sec.
514.201 Preparation of invitations for bids.
514.201-1 Uniform contract format.
514.201-2 Part I -- The Schedule.
514.201-6 Solicitation provisions.
514.201-7 Contract clauses.
514.201-70 GSA forms.
514.201-71 Request for brand name information limitation.
514.201-72 Fire or casualty hazards, or safety or health
requirements.
514.202 General rules for solicitation of bids.
514.202-4 Bid samples.
514.202-7 Facsimile bids.
514.203 Methods of soliciting bids.
514.203-1 Mailing or delivery to prospective bidders.
514.204 Records of invitations for bids and records of bids.
514.205 Solicitation mailing lists.
514.205-1 Establishment of lists.
514.208 Amendment of invitation for bids.
514.211 Release of acquisition information.
514.213 Annual submission of representations and certifications.
514.270 Bid acceptance period.
514.271 Aggregate awards.
514.271-1 General.
514.271-2 Weighting of items for aggregate award.
514.271-3 Grouping of line items for aggregate award.
514.272 Price list method.
514.272-1 Supply contracts.
514.272-2 Repair and alteration contracts.
48 CFR 513.7001 Subpart 514.3 -- Submission of Bids
514.301 Responsiveness of bids.
514.303 Modification or withdrawal of bids.
514.304 Late bids, late modifications of bids, or late withdrawal of
bids.
514.304-1 General.
514.370 Copies of bids required in submission.
48 CFR 513.7001 Subpart 514.4 -- Opening of bids and Award of Contract
514.401 Receipt and safeguarding of bids.
514.402 Opening of bids.
514.402-1 Unclassified bids.
514.403 Recording of bids.
514.404 Rejection of bids.
514.404-1 Cancellation of invitations after opening.
514.404-2 Rejection of individual bids.
514.405 Minor informalities or irregularities in bids.
514.406 Mistakes in bids.
514.406-3 Other mistakes disclosed before award.
514.406-4 Mistakes after award.
514.407 Award.
514.407-1 General.
514.407-2 Responsible bidder -- reasonableness of price.
514.407-6 Equal low bids.
514.407-7 Documentation of award.
514.407-70 Preaward inquiries.
514.407-71 Awards involving related cases referred to higher
authority.
514.407-72 Forms for recommending award(s) (Supplies and services).
514.408 Information to bidders.
514.408-1 Award of unclassified contracts.
514.408-70 Restriction on disclosure of inspection or test data.
514.471 Multiple bidding.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26514, June 23, 1989, unless otherwise noted.
48 CFR 513.7001 Subpart 514.2 -- Solicitation of Bids
48 CFR 514.201 Preparation of invitations for bids.
See 514.270 for information on specifying a minimum bid acceptance
period.
48 CFR 514.201-1 Uniform contract format.
All solicitations must include the following notice:
The information collection requirements contained in this
solicitation/contract, that are not required by regulation, have been
approved by the Office of Management and Budget pursuant to the
Paperwork Reduction Act and assigned OMB Control No. 3090-0163.
48 CFR 514.201-2 Part I -- The Schedule.
Solicitations that include the Standard Form 33, Solicitation, Offer
and Award, should include the following cautionary notice:
Offerors are reminded that block 13 of the Standard Form 33,
Solicitation, Offer and Award, is to be used to offer prompt payment
discounts. Payment terms are set forth in the Prompt Payment clause of
this solicitation. Offerors are cautioned against inserting any
statement in block 13 which indicates that payment is due sooner than
the time stipulated in the Prompt Payment clause.
Example: Inserting ''NET 20'' in block 13 will cause the offer to be
rejected as nonresponsive because the entry would be contrary to the 30
day payment terms specified in the Prompt Payment clause.
48 CFR 514.201-6 Solicitation provisions.
(a) The contracting officer shall insert the provision at 552.214-73,
''All or None'' Offers, in solicitations when all or none offers are
considered. Alternate I should be used in requirements or indefinite
quantity contracts.This provision must not be included in solicitations
when the Government requires the bidder to submit bids on all items and
will make only one award.
(b) The contracting officer may include the notice at 552.214-74,
Solicitation Copies, in solicitations when it is necessary to reduce
costs of printing solicitations.
48 CFR 514.201-7 Contract clauses.
(a) The contracting officer shall insert a clause substantially the
same as the clause at 552.214-75, Progressive Awards and Monthly
Quantity Allocations, in solicitations for stock replenishment contracts
when it is determined that individual contractors may be unable to
furnish the Government's monthly requirements and that it will be
expedient to make progressive awards.
(b) The contracting officer shall insert the clause at 552.215-70,
Examination of Records by GSA, in solicitations and contracts that (1)
involve the use or disposition of Government-furnished property, (2)
provide for advance payments, progress payments based on cost, or
guaranteed loans, (3) contain a price warranty or price reduction
clause, (4) contain an economic price adjustment clause, (5) are
requirements, indefinite quantity or letter type contracts as defined in
FAR Part 16, or (6) contain the provision at FAR 52.223-4, Recovered
Materials Certification. The contracting officer may modify the clause
to define the specific area of audit (e.g., the use or disposition of
Government furnished property). Legal Counsel and the Assistant
Inspector General-Auditing or Regional Inspector General-Auditing, as
appropriate, must concur in any modifications to the clause.
48 CFR 514.201-70 GSA forms.
(a) The GSA Form 1602, Notice Concerning Your Solicitation for
Offers, may be used to (1) describe the type of contract, the duration
of the contract, and the type of supplies or services being procured;
(2) direct the attention of prospective offerors to special requirements
which, if overlooked, may result in rejection of the offer; (3)
highlight significant changes from previous solicitations covering the
same supplies or services; and (4) include other special notices, as
appropriate.
(b) The GSA Form 3503, Representations and Certifications, may be
used in solicitations and contracts, except contracts for utilities and
leases of real property.
(c) The GSA Form 3501, Solicitation Provisions (Sealed bid), may be
used when bids are solicited using Standard Forms 33, 1442 or 1447.
(d) The GSA Form 3504, Service Contract clauses, the GSA Form 3506,
Construction Contract Clauses, or the GSA Form 3507, Supply Contract
Clauses, may be used in solicitations and contracts, as applicable.
(54 FR 26514, June 23, 1989, as amended at 55 FR 20458, May 17, 1990)
48 CFR 514.201-71 Request for brand name information limitation.
When an item is described in a solicitation by a formal specification
or a detailed purchase description (other than a brand name or equal
purchase description), the solicitation may not require or request that
bidders specify the brand names of the products offered. However, brand
name information may be requested when --
(a) Descriptive literature for items is requested in accordance with
FAR 14.202-5.
(b) First article testing is required.
(c) The procurement is for qualified products.
48 CFR 514.201-72 Fire or casualty hazards, or safety or health
requirements.
(a) Specifications covering electrical equipment, building materials,
etc., which involve fire or casualty hazards, or safety or health
requirements, normally contain a clause requiring conformance to the
standards of nationally recognized technical societies, associations, or
laboratories, or other GSA-approved testing laboratories, regarding fire
and casualty hazards, explosion protection, or safety or health
requirements.
(b) When a specification is not available or the specification does
not include a clause described in (a) of this section, technical advice
shall be obtained from the appropriate program or technical office
concerning the appropriateness for a clause. If the contracting officer
then determines that the matter should be covered, an appropriate clause
shall be included in the solicitation. The clause shall cite all
standards that are acceptable.
48 CFR 514.202 General rules for solicitation of bids.
48 CFR 514.202-4 Bid samples.
(a) Solicitation requirements. (1) When a determination is made to
require bidders to submit bid samples, the solicitation must include a
provision incorporating the provision at FAR 52.214-20 and containing
the information in FAR 14.202-4(e) and must require:
(i) Samples be from the production of the manufacturer whose products
will be furnished under the resultant contract; and
(ii) Bidders use GSA Form 434, Sample Record Sheet, copies of which
will be furnished with each solicitation.
(2) If a determination is made that bidders will be permitted to
reapply samples furnished under a previous solicitation, FAR 52.214-20,
Alternate II, shall be used.
(3) In addition to subjective characteristics of bid samples,
objective characteristics may be used when it has been determined, on
the basis of past experience or other valid considerations, that
examination of such characteristics is necessary to determine the
responsiveness of the bid. When both types of characteristics are
listed in the solicitation, they must be listed separately under the
headings ''Subjective Characteristics'' and ''Objective
Characteristics.''
(4) Because of variations in circumstances and differences in
commodities, no standard provision can be prescribed for use in all
solicitations. The provision at 552.214-76, Bid Sample Requirements, is
provided as an example and may be used in solicitations as shown or
modified to fit the circumstances of the procurement.
(b) Handling and disposition of samples. (1)(i) Samples held during
the period of contract performance may be disposed of after deliveries
are completed and Government acceptance has occurred, in accordance with
the instructions indicated on GSA Form 434.
(ii) If the contracting officer anticipates that there may be a
future claim regarding a contract, the bid samples must be retained
until the claim is resolved.
(2) All other bid samples should be held until awards are made and
then disposed of in accordance with instructions indicated on GSA Form
434.
48 CFR 514.202-7 Facsimile bids.
Contracting officers may authorize facsimile bids (see FAR
14.201-6(w)) after considering factors outlined in FAR 14.202-7,
provided that facsimile equipment is available in the office designated
to receive bids, and procedures and controls have been established for
receiving and safeguarding incoming bids.
(55 FR 20458, May 17, 1990)
48 CFR 514.203 Methods of soliciting bids.
48 CFR 514.203-1 Mailing or delivery to prospective bidders.
(a) Prospective bidders, as used in FAR 14.203-1, include the
incumbent contractor (except when its written response to the
contracting activity's notice of contract action under FAR subpart 5.2
states a negative interest) and should include bidders that responded to
recent solicitations for the same or similar items. Names should be
checked against the bidders' mailing list and added if not already
listed.
(b) Contracting officers shall ensure that all amendments to
solicitations and related notices are furnished promptly to every
addressee previously furnished a solicitation.
(54 FR 26514, June 23, 1989, as amended at 56 FR 47005, Sept. 17,
1991)
48 CFR 514.204 Records of invitations for bids and records of bids.
The contracting officer shall obtain from the Business Service Center
(BSC) and include in the file the names and addresses of firms to whom
the BSC furnished solicitations. Contracting officers shall furnish
these firms with applicable amendments or supply the BSC with amendments
for distribution.
48 CFR 514.205 Solicitation mailing lists.
48 CFR 514.205-1 Establishment of lists.
(a) Contracting officers within the Federal Supply Service (FSS)
should use the computerized central solicitation mailing list maintained
by Region 7 for supplies and services for all procurements expected to
exceed the small purchase limitations. Other GSA contracting activities
may maintain local lists. Contracting activities that maintain local
mailing lists must inform the BSC of the list and provide related
information regarding the list.
(b) Inquiries from or for business firms requesting inclusion on
solicitation mailing lists should be referred to the BSC serving the
geographic areas in which the firms are located. The BSC will assist
firms to be included on the proper GSA mailing lists and will provide
application forms and related information.
48 CFR 514.208 Amendment of invitation for bids.
The date set for bid opening must be extended when amendments
relating to wage determinations issued under the Service Contract Act or
the Davis-Bacon Act are issued less than 10 days before the scheduled
bid opening date.
48 CFR 514.211 Release of acquisition information.
Before award, access to information concerning the Government cost
estimate is limited to Government personnel whose official duties
require knowledge of the estimate. After award, the total amount of the
Government estimate may be revealed, upon request. The basis for
calculating the estimate may not be released at any time.
48 CFR 514.213 Annual submission of representations and certifications.
The Commissioners of the Federal Supply Service, Information
Resources Management Service, and the Public Buildings Service may
establish procedures for contracting activities in their respective
organizations and assign responsibility within contracting activities
for centrally requesting, receiving, storing, verifying and updating
offerors' annual submissions.
(55 FR 20458, May 17, 1990)
48 CFR 514.270 Bid acceptance period.
(a) The 60-day period stipulated in the parenthetical statement in
Item 12 of the Standard Form 33, Solicitation, Offer and Award, is
neither a ''standard'' nor a request to bidders to allow such period.
(b) The contracting officer may specify a different minimum bid
acceptance period and/or permit a bidder to insert a number of calendar
days after bid opening, during which its bid is valid.
(c) When specifying a minimum bid acceptance period, the contracting
officer shall:
(1) Insert in solicitations the provision at 552.214-16, Minimum Bid
Acceptance Period, instead of the provision at FAR 52.214-16, and
(2) Mark Item 12 of SF 33 as follows to preclude a bidder from
inadvertently rendering its bid nonresponsive by inserting a figure less
than that stipulated by the Government in 552.214-16(c).
Note: Item 12 does not apply if the solicitation includes the
provisions at 52.214.16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this
offer is accepted within N/A* calendar days (60 calendar days unless a
different period is inserted by the offeror) from the date for receipt
of offers specified above, to furnish any or all items upon which prices
are offered at the price set opposite each item, delivered at the
designated points(s), within the time specified in the schedule. *See
Provision 552.214-16.
514.271 Aggregate awards.
48 CFR 514.271-1 General.
(a) Definition. ''Aggregate award'' means an arrangement, stipulated
by the Government in the solicitation, whereby two or more
separately-priced line items are combined for award to that bidder whose
offer will result in the lowest overall cost to the Government for all
of the line items within the group, without regard to whether the prices
offered by the bidder are low on each item within the group. (See also
the definition of a ''line item'' in FAR 3.302.)
(b) Justification for use. (1) While ordinarily prices are solicited
on an individual line item basis, it sometimes may be in the
Government's best interest to combine two or more line items for an
aggregate award such as when --
(i) Uniformity of design, style, and finish is desired, as in the
acquisition of suites of household furniture;
(ii) The articles being acquired will be assembled and used as a
unit, and may not be interchangeable if acquired from different
manufacturers;
(iii) The demand for certain articles is large, but the demand for
other similar articles is not sufficient to attract competitive bids
unless awarded in conjunction with the high-demand articles (e.g.,
various sizes of socket wrenches);
(iv) One location (delivery point) has a large requirement, and
another location has a requirement that is too small to individually
attract competitive bids; or
(v) It is impractical to award and administer numerous small
contracts for similar articles or services.
(2) Before deciding to combine items for aggregate award, the
contracting officer shall include in the contract file the rationale for
establishing an aggregate award formula, which must:
(i) Address the capability of bidders to furnish the types and
quantities of supplies or services in the aggregate as well as the
impact on bidders if different delivery points are grouped; and
(ii) Be capable of accurately projecting the lowest overall cost to
the Government.
(3) Line items may not be grouped for award on an aggregate basis
when it would:
(i) Preclude a significant number of firms from bidding due to an
inability to provide all the types or quantities of supplies or services
or to make deliveries to the various delivery points included in the
prospective aggregate group; or
(ii) Increase overall prices to the Government by restricting
significantly the number of eligible bidders for any other reason (see
also 514.271-3).
(4) To determine the lowest cost on an aggregate group of items, it
is necessary to extend unit prices by accurate weight factors calculated
to reflect the true or proportionate quantities that will be purchased
under a resultant contract (see 514.271-2). If weight factors must be
based upon unreliable or conjectural information, or where reliable
estimates on anticipated quantities are not available, the price list
method described in 514.272 should be considered.
(5) If accurate weight factors and pre-established list prices are
not available, an aggregate award formula should not be used because it
could result in unbalanced bids and/or award could not be assured to
result in the lowest overall cost to the Government.
(c) Evaluation factors for award. When items will be awarded on an
aggregate basis, the solicitation must clearly state the basis on which
bids will be evaluated.
(1) If weight factors are used, bidders shall be required to submit a
price on each item within the group with award to be made to the
responsive and responsible bidder whose computed overall price for the
aggregate group of items is actually the lowest or can accurately be
projected to result in the lowest overall cost to the Government.
Failure to submit a price on each item within a group will make the bid
ineligible for award with regard to that group of items.
(2) If the price method is used, bidders shall be required to express
prices as a percentage to be added to or subtracted from the list price
for each group of items with award to be made to the responsive and
responsible bidder whose percentage factor produces the most favorable
price to the Government.
48 CFR 514.271-2 Weighting of items for aggregate award.
(a) Unless the same weight factor is applicable to all line items in
the aggregate group, accurate weight factors are essential for
determining which bid would result in the lowest overall cost to the
Government for the aggregate group.
(b) While the phrase ''lowest overall cost to the Government'' is
used in this regulation, it is not always necessary that an aggregate
award formula be capable of projecting actual cost. It is sufficient if
the relative proportionate cost between line items within the aggregate
group can be projected accurately, i.e., actual quantities may not be
available, but ratios of the requirements within the line items in the
aggregate group are available.
(c) Estimated quantities that apply to indefinite quantity or
requirements contracts may be reduced to smaller numbers by a common
denominator to facilitate the computations involved in evaluating bids,
if doing so does not sacrifice precision.
(d) Actual purchase quantities will be used as weight factors for
definite quantity acquisitions because a bidder might include two or
more aggregate groups, or an aggregate group and various individual line
items, under an ''all or none'' qualification. Proportionate weight
factors must not be used in the evaluation process where ''all or none''
qualifications are permitted.
(e) Weight factors may not be based on the estimated dollar value of
purchases. If the dollar value of previous purchases is the only
information available, and there is no recourse but to make award on an
aggregate basis, the value of previous purchases must be converted to
quantities for the purpose of establishing weight factors (i.e., divide
total purchases of each item by the unit price to determine number of
units purchased).
48 CFR 514.271-3 Grouping of line items for aggregate award.
(a) General. While paragraphs (b) and (c) pertain to supply
contracts (articles and delivery points), the same principles apply to
service contracts (types of services and service areas).
(b) Grouping of different articles. Only related articles, normally
manufactured or produced by a majority of prospective bidders, should be
included in an aggregate group. The grouping of unrelated articles
usually is contrary to 514.271-1(b)(3).
(c) Grouping of geographic locations or delivery point. The
contracting officer should consider the following guidelines before
deciding to group different geographic locations or delivery points for
aggregate award:
(1) If different delivery points have sufficient requirements so that
individual shipments to each point will involve not only economic
production runs, but carload or truckload quantities, these points
should be listed as separate line items.
(2) The types of bidders (i.e., small or large firms, manufacturers
or distributors, etc.) responding to previous solicitations are an
important consideration. For example, if previous bidders are
distributors having franchises within certain territories, the grouping
of different territories would tend to restrict competition.
(3) The impact of transportation costs on competition and pricing,
since transportation costs may constitute a significant portion of the
total delivered cost. Depending upon the supplies being acquired:
(i) Grouping widespread geographic locations or delivery points may
reduce competition and/or result in higher prices due to the loss of
''area pricing'' advantages when a potential supplier has a single
production point.
(ii) Conversely, for many smaller commercial items (hand tools,
locks, etc.) manufacturers may quote the same price for delivery
anywhere in the U.S.
(iii) Contracting officers should obtain the advice and assistance of
transportation specialists before grouping geographic locations or
delivery points, to include information regarding the location of tariff
boundaries.
48 CFR 514.272 Price list method.
(a) General. The price list method may be used to avoid unbalanced
bidding in requirements and indefinite quantity/indefinite delivery
contracts when aggregate awards will be made and accurate estimates of
anticipated quantities are unavailable. This method utilizes
pre-established list prices for acquiring groups of similar items,
services, or repairs and alterations. The following elements of the
price list method must be included in the solicitation:
(1) A pre-established price list.
(2) An estimate of requirements, if available.
(3) A requirement that a bidder express its price as ''net'' or as a
percentage added to or subtracted from the list prices for each group.
(4) The percentage factor in (a)(3) of this section is a price
related factor, which must be identified in Section M of the Uniform
Contract Format.
(b) Development of pre-established list prices. (1) Pre-established
list prices may be developed by one or more of the following methods:
(i) Industry published prices.
(ii) Industry surveys.
(iii) Government cost estimates based upon knowledge of the supplies
or services to be grouped and previous contract prices.
(2) When proposed list prices will be used for the first time,
prospective bidders should be given an opportunity to review the
proposed list and furnished information on how the list prices will be
used. Copies of the draft solicitation may be provided.
(3) The contracting officer must ensure that items are properly
grouped and that the list prices for the grouped items bear a reasonable
and balanced relationship to one another. Before using prices resulting
from awards made under the weighted item method to develop price lists,
those prices must be reviewed to ensure that they did not result from
unbalanced bidding.
48 CFR 514.272-1 Supply contracts.
(a) Estimated requirements for each item in a group or for the entire
group must be shown in the solicitation. For contracts for store stock
items, estimated quantities should be shown only if estimates of demand
for each item within a group can be derived from Government records (or
verified contractor sales reports). All the estimates must be current.
If the Government's needs cannot be estimated, the solicitation may
include past orders. (See CG Decision, B-209037, 82-2 CPD para 323
(1982).)
(b) The bidding schedule must clearly state that bidders must quote
only one percentage factor for each group, which must be expressed as
either ''net'' or as a deduction from or an addition to the listed
prices.
(c) The following illustrates a bidding schedule arrangement for a
group of items for aggregate award under the price list method:
Drills, Twist, High Speed, under Federal Specification (dated XXXX)
and Amendment XXXX (dated XXXX), Wire gauge sizes, straight shank,
shortlength, Type C:
The bid on each item above is the list price shown minus/plus XXXX
percent. (Bidder, insert ''net'' or a single percentage amount in the
blank space and cross out minus or plus, as appropriate.)
48 CFR 514.272-2 Repair and alteration contracts.
(a) The solicitation shall:
(1) Contain a statement indicating the percentage of work anticipated
to be performed during normal working hours;
(2) Define ''normal'' in terms of hours and days of the week; and
(3) List the quantities, if available, and unit prices for work
performed during both normal working hours and outside of normal working
hours.
(b) Instructions, conditions, and notices to bidders. (1)(i) Bidders
should be advised of the previous year's total expenditures or portions
of that total attributable to the listed items.
(ii) When estimates are provided, the solicitation must state that
the quantity estimates are furnished for information only and are not to
be construed as guarantees or commitments to order items under the
contract.
(2) Bidders shall be instructed to quote two or more percentage
factors to be applied as specified in (b)(2) (i) and (ii), of this
section. The percentage factor(s) must be expressed as ''net,'' or as
an addition to or subtraction from the applicable unit prices.
(i) For the line item unit prices listed in the solicitation, two
percentage factors must be solicited: one to be applied to the unit
prices for the percentage of work performed during normal working hours
and the second to be applied to the unit prices for the percentage of
work performed outside of normal working hours.
(ii) When unit prices are further grouped by trade or business
category, multiple percentages may be required.
(c) Evaluation factors for award. (1) When two percentage factors
are solicited under (b)(2)(ii) of this section, the evaluated bid price
is the sum of the percentage of work performed --
(i) During normal work hours multiplied by the Government's total
estimate adjusted by the bidder's percentage factor for that portion of
the work, and
(ii) During other than normal working hours multiplied by the
Government's total estimate adjusted by the bidder's percentage factor
for that portion of the work.
(2) Award must be made to the responsible and responsive bidder
submitting the lowest evaluated bid price.
(3) When additional evaluation factors such as options are used, they
must be identified in the solicitation.
48 CFR 514.272-2 Subpart 514.3 -- Submission of Bids
48 CFR 514.301 Responsiveness of bids.
48 CFR 514.303 Modification or withdrawal of bids.
(a) When a telegraphic modification or withdrawal of a bid is
received by telephone under the circumstances in FAR 14.303, the
identity of the telegraph office employee telephoning the message should
be obtained and recorded in the solicitation file.
(b) The receipt required by FAR 14.303(b) for withdrawal of a bid in
person should be worded as follows:
I certify as a bona fide, agent for or representative of (Bidder's
name and address), I am authorized to withdraw the bid on IFB No.
XXXXXX scheduled for opening on XXXXXX and hereby acknowledge receipt of
the unopened bid.
--
(Name and telephone no.)
--
(Date)
514.304 Late bids, late modifications of bids, or late withdrawal of
bids.
48 CFR 514.304-1 General.
Upon receipt of a late bid, the bid custodian should record it on the
duplicate copy of the list of bidders and immediately notify the
responsible contracting officer that the bid has been received. The
contracting officer will arrange for the bid to be picked up or
delivered.
48 CFR 514.370 Copies of bids required in submission.
Bids must be submitted in an original and at least one copy. The
original will be used by the contracting activity for the tabulation of
bids. The copy will be retained by the BSC for public information until
the bid abstract is available to replace it. Supplemental financial
forms or other information submitted with a bid, must be retained by the
contracting activity and must not be retained by the BSC for public
information.
48 CFR 514.370 Subpart 514.4 -- Opening of Bids and Award of Contract
48 CFR 514.401 Receipt and safeguarding of bids.
(a) Except as otherwise provided in paragraph (c), bids and
modifications must be received and safeguarded by the appropriate BSC
until the time specified for opening. Bids received should be handled
as follows:
(1) At the initial point of receipt, each envelope (or other
covering) received by mail and identified as containing a bid should be
immediately time-stamped or indicated thereon the place, date, and time
of receipt by authorized personnel. Then the bid(s) should be delivered
by special handling to the bid custodian in the Business Service Center.
(2) Mailed bids and modifications delivered to the bid custodian
before bid opening time should be recorded on the bidder's list on the
same day they are delivered and then placed in a suitable locked
cabinet.
(3) Hand-carried bids delivered before bid opening time should be
deposited in the locked bid box. In the event a hand-carried bid is not
placed in the bid box by the bidder, but is handed to the bid custodian
or other GSA employee, it should be time stamped immediately and then
handled in the same manner as provided for mailed bids. At least once
daily (and immediately preceding the time for each scheduled bid
opening), the bid custodian should remove and time stamp the bids,
record them and place them with any other bids previously received.
(4) Telegraphic or facsimile bid, if authorized, and modifications
must be sealed in envelopes immediately upon receipt, appropriately
identified, and handled in the same manner as bids submitted by mail.
(5) For each invitation, the bid custodian will prepare a list
indicating the invitation number and listing on the GSA Form 1378,
Record of, and Receipt for, Bids and Responses, or the appropriate bid
abstract form, the name and address of all responses, including any bid
modification, received before bid opening time. When a bid previously
recorded on this list is withdrawn, the list will so indicate.
(b) At the scheduled bid opening time, the bid custodian will deliver
all bids received in response to the invitation, together with the
original and one copy of the GSA Form 1378, Record of, and Receipt for,
Bids and Responses, or other appropriate bid list to the authorized bid
opening official or designee, who will acknowledge receipt of the bids
by signing the duplicate copy of the form and returning it to the bid
custodian. The original list becomes part of the contract file.
(c) Business Service Center Directors may designate an individual(s)
working at a PBS Facility Support Center or Enhanced Field Office as a
bid custodian, provided: (1) Adequate space and facilities are
available within the Facility Support Center or Enhanced Field Office,
(2) the individual(s) has been trained and (3) the Facility Support
Center or Enhanced Field Office has a Small Business Technical Advisor.
If such designations are made, the designated bid custodian must submit
monthly reports to the BSC Director for forwarding to the Office of
Small and Disadvantaged Business Utilization (AU).
514.402 Opening of bids.
48 CFR 514.402-1 Unclassified bids.
(a) Public bid openings will be held in the BSC when the BSC is the
bid custodian. When the bid opening will be held elsewhere, the
contracting officer shall inform the BSC serving the geographic area in
which the contracting office is located of the invitation number and the
location where the public bid opening will be held.
(b) The assistant bid opening officer shall be a qualified employee
of the contracting office. Upon authorization by the HCA and the
Director of Small and Disadvantaged Business Utilization in Central
Office or the Director of the Business Service Center in the region,
bids may be opened by selected BSC personnel. Normally, this
authorization will be requested only when the geographic distance
separating the BSC where bids are to be delivered and the contracting
office makes it impracticable for the bid opening officer or designee to
be present to open bids. (See FAR 14.402-1(b).)
(c) Bid openings are open to business representatives, members of the
press, and the general public.
(d) To ensure that bids will be opened at the exact time specified,
the bid opening official will verify the accuracy of the timepiece to be
used.
(e) For the information of those bidders present, approximately
one-minute prior notice of bid opening will be announced audibly by the
bid opening official.
(f)(1) The bid opening official shall take precaution to ensure that
the exact time of opening has arrived and shall announce this fact
audibly, citing the invitation or invitations scheduled for opening.
The opening of bids will then proceed in full view of the parties
present.
(2) For construction contracts that provide for bid alternates, the
amount of funds available for the award will be announced before opening
bids.
(g) In reading bids, the following information from each bid should
be announced when considered practicable and feasible: The bidder's
name, item and unit price bid, and other pertinent information, such as
delivery and discount terms. A copy of each bid submitted in multiple
copies should remain in the bid opening room until the bid abstract is
substituted. For bids submitted in an original only see FAR
14.402-1(c).
(h) No alterations or notations to any bid after it has been formally
opened will be permitted.
(i) Negotiable instruments submitted as bid guarantees to meet
solicitation requirements must be forwarded by the bid opening official
to the Finance Division in accordance with procedures established by the
Comptroller. When award is made, the solicitation is cancelled, or all
bids are rejected, the contracting officer shall direct the Finance
Division to refund the amount of the bid guarantee to the unsuccessful
bidder(s). Bid guarantees may be returned before award when a bidder
requests the guarantee be returned and the bidder is not in contention
for the award. Other forms of bid guarantees (e.g., bid bonds, letters
of credit, corporate and individual sureties, etc.), must be retained by
the contracting officer and included in the contract file.
(j) A record, including at least the names of persons attending the
bid opening and the firms or organizations they represent, should be
made a part of the solicitation file.
(k) When multiple copies of bids are received, the bid opening
official shall verify the entries on all copies. If there is a
discrepancy between the copies of a bid, the contracting officer shall
direct the bidder's attention to the suspected mistake and shall follow
the procedures set forth in FAR 14.406 concerning mistakes in bids.
(l) Envelopes in which bids and bid modifications are received should
be retained in a temporary file until after all awards have been made.
At that time, those which bear notations concerning abnormal receipt or
opening for identification should be made a part of the solicitation
file and the remainder may be destroyed.
48 CFR 514.403 Recording of bids.
(a) A copy of the abstract of bids and any amendments must be
furnished to the appropriate BSC as soon as practicable and be available
for public examination for at least 30 calendar days. Late bids
determined eligible for consideration must be included on the bid
abstract form. If eligibility is established after delivery of the
original tabulation, the bids are recorded separately and identified as
an amendment to the original tabulation.
(b) Abstracts involving aggregate awards must record unit prices,
weight factors and aggregate totals for each aggregate group in addition
to any other information required for bid evaluation.
(c) For building services, the GSA Form 3471, Abstract of Offers, is
authorized for use by contracting activities in the Public Buildings
Service (PBS) instead of the Standard Form 1409, Abstract of Offers.
48 CFR 514.404 Rejection of bids.
48 CFR 514.404-1 Cancellation of invitations after opening.
(a) Cancellation of invitations. The HCA or a designee makes any
determinations required by FAR 14.404-1.
(b) Extension of time for bid acceptance. (1) While the number of
bidders requested to extend their bids as provided in FAR 14.404-1(d) is
a matter of judgment on the part of the contracting officer,
consideration should be given to requesting the extension from all
bidders having a reasonable chance to receive an award.
(2) Requests for time extensions may be made using GSA Form 2981 and
must specify a period reasonable under the circumstances.
(3) If time is critical, the contracting officer may request an
extension by telephone, facsimile, or telegraph, but the bidder's
response or confirmation must be in writing.
(4) If a Standard Form 24, Bid Bond, has been executed, the consent
of the surety is necessary for any extension exceeding by more than 60
calendar days the period originally allowed for acceptance.
(5) If a bidder does not grant the additional bid acceptance time
requested, special action should be taken to accomplish acceptance of
the bid within the time allowed by the bidder. Should it be advisable
to permit the bid to expire, the contracting officer shall promptly,
before expiration of the bid, refer the case to the appropriate
contracting director for a decision.
48 CFR 514.404-2 Rejection of individual bids.
(a) Individual bids rejected on the basis of responsiveness,
responsibility, or eligibility and bids rejected because the bid after
evaluation is no longer low shall be documented as provided in FAR
14.404-2(k) and noted in the ''Remarks'' block on GSA Form 1535,
Recommendation for Award(s). Examples of bids which may no longer be
low after evaluation include aggregate bids (see 514.271), ''all or
none'' bids (see 552.214-73), and bids evaluated using Buy American
differentials (see FAR 25.105 and 525.105-70).
(b) Explanations which involve cases of a sensitive or controversial
nature must be accompanied by all supporting documentation to justify
awards, such as copies of the offer to be rejected and the proposed
awardee, statements from (or record of conversation with) the
requisitioning activity, plant facilities and/or financial
responsibility reports, and other relevant correspondence or reports
(Certificates of Competency, copies of Congressional correspondence or
other high level interest, etc.).
(54 FR 26514, June 23, 1989, as amended at 56 FR 47005, Sept. 17,
1991)
48 CFR 514.405 Minor informalities or irregularities in bids.
Failure to submit all of the pages of the solicitation is a minor
informality or irregularity under FAR 14.405 when the bid as submitted
indicates that the bidder takes no exception to the requirements of the
solicitation and intends to be bound by all its terms in any resultant
contract.
48 CFR 514.406 Mistakes in bids.
48 CFR 514.406-3 Other mistakes disclosed before award.
(a) Delegations of authority by head of the agency. In accordance
with FAR 14.406-3(e), the contracting directors (see 502.101) are
authorized, without power of redelegation, to make the determinations
regarding corrections and/or withdrawals treated in FAR 14.406-3 (a),
(b), and (c), and to make the corollary determinations not to permit
withdrawal or correction for reasons indicated in FAR 14.406-3(d).
(b) Format for determinations. Determinations under FAR 14.406-3
must be prepared in the following format.
Pursuant to Federal Acquisition Regulation 14.406 and General
Services Administration Acquisition Regulation 514.406, I hereby make
the following findings:
(List in chronological order the information required by FAR 14.406,
including a numerical list of exhibits)
Based on the above findings, I hereby determine in accordance with
FAR (14.406-3 (a) or (b), (c), (d), (g) or 14.406-4) that (include an
appropriate statement indicating the determination to permit withdrawal,
correction, etc.).
--
Contracting Officer (For determinations under FAR 14.406-3(g)(5) or
14.406-4)
-- Date
--
Contracting Director (For determinations under FAR 14.406-3 (a), (b),
(c) or (d))
-- Date
I reviewed the above case as to form, technical accuracy of the
proposed determination, and the general accuracy of the supporting
evidence and approve it as to legal sufficiency.
--
Assigned Counsel
-- Date
(c) Legal review and approval. Assigned counsel must approve
determinations by the contracting director and contracting officer
regarding mistakes in bid.
(57 FR 14649, Apr. 22, 1992)
48 CFR 514.406-4 Mistakes after award.
Determinations by the contracting officer must be prepared in the
format at 514.406-3(b) and reviewed and approved by the Contracting
Director and assigned counsel.
48 CFR 514.407 Award.
48 CFR 514.407-1 General.
(a) Notice of award may be made by facsimile transmission when
approved by the HCA. Oral notices shall not be used.
(b) In addition to the requirements in FAR 14.407-1(c)(5), notice of
award must identify the solicitation, the item(s) awarded, the contract
number, and the effective date of the award.
(c) If partial award is made to a bidder and additional items are
being withheld for possible subsequent award to the same bidder, any
subsequent award during the bid acceptance period must be made using
SF-30, Amendment of Solicitation/Modification of Contract (except see
519.502-3(b) regarding partial set-asides). The authority cited in
paragraph 13D of SF-30 for the subsequent award will be FAR
14.407-1(c)(4).
48 CFR 514.407-2 Responsible bidder -- reasonableness of price.
(a) A single bid, received in response to a solicitation, may be
considered and accepted if (1) the specifications used in the invitation
were not restrictive, (2) adequate competition was solicited, (3) the
price is reasonable, and (4) the bid is otherwise consistent with the
solicitation.
(b) The basis for price reasonableness must be established, if
possible, from data or information which is available to the contracting
officer without contacting the bidder.
48 CFR 514.407-6 Equal low bids.
In resolving a tie-bid situation, the status of the bidders
(small/large/labor surplus area) on the date the bid was signed is
controlling.
48 CFR 514.407-7 Documentation of award.
Documentation included in the contract file must include the number
of firms solicited and the GSA Form 1535, Recommendation for Award(s),
or similar document (see also 514.404-2).
48 CFR 514.407-70 Preaward inquiries.
(a) Responses to preaward inquiries should be limited to a statement
that the award decision is pending and agency policy prohibits release
of additional information.
(b) Actions or discussions that may create false impressions in the
eyes of prospective contractors about pending awards must be avoided.
48 CFR 514.407-71 Awards involving related cases referred to higher
authority.
When a case is to be or has been referred to higher authority for
review, any action which might prejudice the freedom of the higher
authority to act on that case must be avoided. This includes partial
awards to the same bidder under the same solicitation.
48 CFR 514.407-72 Forms for recommending award(s) (Supplies and
services).
GSA Form 1535, Recommendation for Award(s), and GSA Form 1535-A,
Recommendation for Award(s), Continuation Sheet, must be used to
document all proposed awards (except construction contracts) exceeding
$25,000. The use of the form for awards of $25,000 or less is at the
discretion of the contracting activity. One or more awards may be set
forth on each form. All information pertinent to the recommendation
must be furnished on the form. The checklist on the back of the form
must be completed.
48 CFR 514.408 Information to bidders.
48 CFR 514.408-1 Award of unclassified contracts.
The GSA Form 3577, Notification of Contract Award, may be used to
notify all unsuccessful bidders other than (a) any apparent low
bidder(s) or (b) unsuccessful bidders from designated countries for
acquisitions subject to the Trade Agreements Act.
48 CFR 514.408-70 Restriction on disclosure of inspection or test data.
Before award, no inspection or test data, whether prepared by the
Government or an outside inspection or testing agency, shall be
disclosed to anyone other than Government officials requiring access to
such information in connection with bid evaluation. For requests
received after award, see FAR 14.408-1(e).
48 CFR 514.471 Multiple bidding.
(a) All bids received from a person, firm, or its affiliates must be
considered for award if responsive and otherwise acceptable.
(b) Any bid offering two or more products for the same item received
from the same bidder may be accepted if it is the lowest received and
meets all requirements of the solicitation.
48 CFR 514.471 PART 515 -- CONTRACTING BY NEGOTIATION
48 CFR 514.471 Subpart 515.1 -- General Requirements for Negotiation
Sec.
515.106 Contract clauses.
515.106-70 Examination of records by GSA clause.
515.170 Authorization and approval.
48 CFR 514.471 Subpart 515.4 -- Solicitation and Receipt of Proposals
and Quotations
515.402 General.
515.403 Solicitation mailing lists.
515.405 Solicitations for information or planning purposes.
515.405-1 General.
515.406 Preparing requests for proposals (RFP's) and requests for
quotations (RFQ's).
515.406-1 Uniform contract format.
515.408 Issuing solicitations.
515.411 Receipt of proposals and quotations.
515.411-70 Recording of offers.
515.412 Late proposals and modifications.
515.414 Forms.
515.414-70 GSA Forms.
48 CFR 514.471 Subpart 515.5 -- Unsolicited Proposals
515.501 Definitions.
515.504 Advance guidance.
515.506 Agency procedures.
515.506-1 Receipt and initial review.
515.506-2 Evaluation.
48 CFR 514.471 Subpart 515.6 -- Source Selection
515.608 Proposal evaluation.
515.608-70 Rejection of all proposals.
515.608-71 Discounts for prompt payment.
515.612 Formal source selection.
48 CFR 514.471 Subpart 515.8 -- Price Negotiation
515.803 General.
515.804 Cost or pricing data.
515.804-2 Requiring certified cost or pricing data.
515.804-3 Exemptions from or waiver of submission of certified cost
or pricing data.
515.804-6 Procedural requirements.
515.804-70 Format for discount schedule and marketing data (DSMD).
515.805 Proposal analysis.
515.805-5 Field pricing support.
48 CFR 514.471 Subpart 515.9 -- Profit
515.902 Policy.
515.905 Profit-analysis factors.
515.905-1 Common factors.
515.905-70 Nonprofit organizations.
48 CFR 514.471 Subpart 515.10 -- Preaward, Award, and Postaward
Notifications, Protest, and Mistakes
515.1001 Notification to unsuccessful offerors.
515.1070 Release of information concerning unsuccessful offerors.
48 CFR 514.471 Subpart 515.70 -- Use of Bid Samples
515.7000 Scope of subpart.
515.7001 General.
515.7002 Policy.
515.7003 Procedural requirements.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26521, June 23, 1989, unless otherwise noted.
48 CFR 514.471 Subpart 515.1 -- General Requirements for Negotiation
515.106 Contract clauses.
48 CFR 515.106-70 Examination of records by GSA clause.
The contracting officer shall insert the clause at 552.215-70,
Examination of Records by GSA, in solicitations and contracts that (a)
involve the use or disposition of Government-furnished property, (b)
provide for advance payments, progress payments based on cost, or
guaranteed loan, (c) contain a price warranty or price reduction clause,
(d) involve income to the Government where income is based on operations
that are under the control of the contractor, (e) include an economic
price adjustment clause, (f) are requirements, indefinite-quantity, or
letter type contracts as defined in FAR Part 16, (g) are subject to
adjustment based on a negotiated cost escalation base or (h) contain the
provision at FAR 52.223-4, Recovered Materials Certification. The
contracting officer may modify the clause to define the specific area of
audit (e.g., the use or disposition of Government-furnished property,
compliance with the price reduction clause). Counsel and the Assistant
Inspector General -- Auditing or Regional Inspector General -- Auditing,
as appropriate, must concur in any modifications to the clause.
48 CFR 515.170 Authorization and approval.
Requirements for review and approval of contracts are in GSA Order,
Contract Clearance (APD 2800.1B).
48 CFR 515.170 Subpart 515.4 -- Solicitation and Receipt of Proposals and Quotations
48 CFR 515.402 General.
(a) An oral solicitation is not justified solely because the
acquisition is being made under the authority of FAR 6.302-2, Unusual
and Compelling Urgency.
(b) Oral solicitations, other than those authorized for small
purchases (See 513.106(b) and 513.106-70), may only be used under the
conditions prescribed in FAR 15.402(f), with prior approval of the
contracting officer.
(c) Contracting officers may authorize facsimile proposals (see FAR
15.407(j)) after considering the factors outlined in FAR 15.402(i),
provided that facsimile equipment is available in the office designated
to receive proposals, and procedures and controls have been established
for receiving and safeguarding incoming proposals.
(54 FR 26521, June 23, 1989, as amended at 55 FR 20458, May 17, 1990)
48 CFR 515.403 Solicitation mailing lists.
Source lists for negotiated acquisitions must be established,
maintained, and used in accordance with FAR 14.205 and 514.205.
515.405 Solicitations for information or planning purposes.
48 CFR 515.405-1 General.
Solicitations for information or planning purposes must be approved
by the contracting director.
515.406 Preparing requests for proposals (RFP's) and requests for
quotations (RFQ's).
48 CFR 515.406-1 Uniform contract format.
(a) Contracts for utility services and leases of real property are
exempted from the requirement for use of the uniform contract format.
(b) All contracts, including leases of real property, must include
the following notice:
The information collection requirements contained in this
solicitation/contract that are not required by regulation have been
approved by the Office of Management and Budget pursuant to the
Paperwork Reduction Act and assigned OMB Control No. 3090-0163.
48 CFR 515.408 Issuing solicitations.
Potential sources, as used in FAR 15.403 and 15.408, include the
incumbent contractor (except when its written response to the
contracting activity's notice of contract action under FAR subpart 5.2
states a negative interest) and should include offerors that responded
to recent solicitations for the same or similar items.
(56 FR 47005, Sept. 17, 1991)
48 CFR 515.411 Receipt of proposals and quotations.
(a) Solicitations should provide for proposals and modifications to
proposals to be submitted to the appropriate contracting office unless
arrangements have been made with the local Business Service Center (BSC)
for receipt and safeguarding of proposals by the BSC.
(b) Classified proposals and quotations must be handled under FAR
15.411, GSAR subpart 504.4, and the requirements of GSA Order, Freedom
of Information Act procedures (ADM 1035.11B).
(54 FR 26521, June 23, 1989, as amended at 56 FR 47005, Sept. 17,
1991)
48 CFR 515.411-70 Recording of offers.
The GSA and/or Standard Forms prescribed for abstracting bids in
sealed bidding may be used to abstract proposals or quotations submitted
in connection with competitively negotiated procurements where more than
one offer is received in response to the solicitation. (See FAR
4.803(a)(10).) The forms may be appropriately modified to include all of
the information necessary for evaluation. Abstracts must not be
provided to the Business Service Center or disclosed except as provided
in 515.1070. See FAR 15.411, 15.413 and 15.1001 regarding disclosure of
information.
48 CFR 515.412 Late proposals and modifications.
(a) Contracting officers in the Federal Supply Service have been
authorized to deviate from the FAR provision at 52.215-10, Late
Submissions, Modifications, and Withdrawals of Proposals in
solicitations for multiple award schedules by deleting paragraph (a)(3).
The effect of this deviation is to establish the closing date for
receipt of proposals in block 9 of the Standard Form 33, Solicitation,
Offer and Award, as a firm cut-off date for receipt of proposals. Any
proposal received at the office designated in the solicitation after the
exact time specified for receipt will not be considered unless it
qualifies under paragraph (a)(1), (a)(2), or (b) of FAR 52.215-10.
(b) When contracting officers deviate from the FAR provision as
outlined in paragraph (a) of this section, no additional special item
numbers may be added to the proposal after the firm cut-off date
established for receipt of proposals. However, additional products
and/or models may be added when the item offered falls under a Special
Item Number originally submitted in a timely manner.
48 CFR 515.414 Forms.
If partial award is made to an offeror and additional items are being
withheld for possible subsequent award to the same offeror, any
subsequent award must be made using SF-30, Amendment of
Solicitation/Modification of Contract (except see FAR 15.1002 regarding
notification to the successful offeror and GSAR 519.502-3(b) regarding
partial set-asides). The authority cited in paragraph 13D of SF-30 for
subsequent awards will be GSAR 515.414.
(55 FR 48847, Nov. 23, 1990)
48 CFR 515.414-70 GSA Forms.
(a) The GSA Form 1602, Notice Concerning Your Solicitation for
Offers, may be used to (1) describe the type of contract, the duration
of the contract, and the type of supplies or services being procured;
(2) direct the attention of prospective offerors to special requirements
that, if overlooked, may result in rejection of the offer; (3)
highlight significant changes from previous solicitations covering the
same supplies or service; and (4) include other special notices as
appropriate. The GSA Form 1602 is not part of the solicitation or
resulting contract.
(b) The GSA Form 3503, Representations and Certifications, may be
used in solicitations and contracts, except contracts for utilities and
leases of real property.
(c) The GSA Form 3502, Solicitation Provisions (Negotiated), may be
used when offers are solicited using Standard Forms 33, 1442 or 1447.
(d) The GSA Form 3504, Service Contract Clauses, the GSA Form 3506,
Construction Contract Clauses, or the GSA Form 3507, Supply Contract
Clauses, may be used in solicitations and contracts that exceed the
small purchase threshold. The GSA Form 3504 may also be used for small
purchases when a two-party contract form is used to make a small
purchase.
(54 FR 26521, June 23, 1989, as amended at 55 FR 20458, May 17, 1990;
55 FR 48847, Nov. 23, 1990)
48 CFR 515.414-70 Subpart 515.5 -- Unsolicited Proposals
48 CFR 515.501 Definitions.
Coordinating office, as used in this subpart, means the:
(1) Director of the Office of GSA Acquisition Policy,
(2) Assistant Commissioner, Office of Commodity Management, FSS,
(3) Assistant Commissioner, Office of Information Resources
Procurement, IRMS,
(4) Assistant Commissioner, Office of Procurement, PBS, or
(5) Director, Regional Acquisition Management Staff.
The Director of the Office of GSA Acquisition Policy serves as the
coordinating office for Central Office activities outside of FSS, IRMS,
and PBS.
(55 FR 48848, Nov. 23, 1990)
48 CFR 515.504 Advance guidance.
Potential offerors should be encouraged to make preliminary contacts
with coordinating offices before submitting a detailed unsolicited
proposal or proprietary data.
48 CFR 515.506 Agency procedures.
Coordinating offices shall serve as contact points and establish
procedures for controlling the receipt, evaluation, and timely
disposition of proposals consistent with FAR 15.5.
48 CFR 515.506-1 Receipt and initial review.
The contact point shall promptly (a) acknowledge receipt of the
proposal and provide the name, business address, and telephone number of
the individual who will evaluate the proposal, or (b) notify the offeror
that the proposal does not meet the requirements of FAR 15.506-1(a) and
provide an opportunity to submit the data.
48 CFR 515.506-2 Evaluation.
The evaluation must be completed as soon as practicable (normally
within 45 calendar days). The results of the evaluation should be
communicated to the submitter with a copy to the coordinating office.
48 CFR 515.506-2 Subpart 515.6 -- Source Selection
48 CFR 515.608 Proposal evaluation.
48 CFR 515.608-70 Rejection of all proposals.
HCA may reject all proposals received in response to a solicitation
under FAR 15.608(b). This authority may be redelegated. Written
documentation citing the reasons for rejecting proposals must be
included in the contract file.
48 CFR 515.608-71 Discounts for prompt payment.
The policy of not considering discounts in the evaluation of offers
applies where there is direct competition between two or more offerors
for a single award. It does not apply to procurements where the
evaluation process involves a comparison of the offeror's price to the
Government with the offeror's price to its other customers.
Accordingly, the policy in FAR 14.407-3 does not apply to multiple award
schedule solicitations except in those instances where offers are
received on identical products. The clause at 552.232-8, Discounts for
Prompt Payment, specifies the extent to which discounts for prompt
payment will be considered in the evaluation for multiple award
schedules. The formula for computing the annualized rate of return
addressed in the clause at 552.232-8 is as follows:
*To determine the total number of days to the due date for payment,
start with the date of the invoice and allow 3 days from the date of the
invoice to receipt by the Government and assume that the invoice will be
received after the supplies have been delivered and accepted by the
Government. Normally, the contract will provide for payment in 30 days
and the total number of days to the due date for payment will be 33
days.
48 CFR 515.612 Formal source selection.
After the source selection, the releasing authority under FAR
15.612(e)(1) shall be the Contracting Officer. The contracting officer
shall obtain the advice and concurrence of assigned legal counsel before
releasing proprietary or source selection information outside the
agency.
(55 FR 39974, Oct. 1, 1990)
48 CFR 515.612 Subpart 515.8 -- Price Negotiation
48 CFR 515.803 General.
(a) Access to Government cost estimates is limited to Government
personnel whose official duties require knowledge of the estimate. An
exception to this rule may be made during contract negotiations to allow
the contracting officer to identify a specialized task and disclose the
associated cost breakdown figures in the Government estimate, but only
to the extent necessary to arrive at a fair and reasonable price. After
award, the total amount of the independent Government estimate may be
revealed, upon written request, to those firms or individuals who
submitted proposals.
(b) Whenever a contractor insists on a price or demands a profit or
fee that the contracting officer considers unreasonable as outlined in
FAR 15.803(d) the contracting officer shall refer the matter to the
contracting director for resolution.
(55 FR 48848, Nov. 23, 1990)
48 CFR 515.804 Cost or pricing data.
48 CFR 515.804-2 Requiring certified cost or pricing data.
When determining the contract amount for purposes of applying the
threshold at FAR 15.804-2 for requesting certified cost and pricing
data, the value of the contract plus any priced options must be
considered. Exercise of a priced option is not considered a price
adjustment and does not require submission of cost and pricing data.
48 CFR 515.804-3 Exemptions from or waiver of submission of certified
cost or pricing data.
(a) Under FAR 15.804-3(i), the HCA is authorized to waive the
requirement for the submission of certified cost or pricing data.
(b) The request for waiver must include a draft determination and
finding that addresses (1) pertinent circumstances of the procurement
necessitating the waiver, (2) the price analysis techniques to be used
if the award must be made (3) the steps taken by higher authority to
obtain the certified cost or pricing data; and (4) the practicability
of obtaining the Government's requirements from other sources.
Effective Date Note: Section 515.804-3 was temporarily amended by
Acquisition Circular AC-92-1 by adding paragraph (c) at 57 FR 5864, Feb.
18, 1992. The temporary regulation expires February 17, 1993. For the
convenience of the user, the temporary regulation is set forth below:
515.804-3 Exemption from or waiver of submission of certified cost or
pricing data.
(c) The Discount Schedule and Marketing Data (DSMD) format at GSAR
515.804-70 shall be used in lieu of the Standard Form 1412, Claim for
Exemption from Submission of Certified Cost or Pricing Data, in Multiple
Award Schedule solicitations identified by the GSA MAS Program
Coordinator for inclusion in the pilot test of the revised DSMD. Each
solicitation will require that DSMD's be completed for each special item
number in the solicitation and be submitted as a part of the offeror's
proposal.
48 CFR 515.804-6 Procedural requirements.
Whenever an offeror refuses to provide the required cost or pricing
data, the contracting officer shall refer the matter to the contracting
director for resolution. (See FAR 15.804-6(e).) The contracting
director shall negotiate for the submission of the required cost or
pricing data, unless the HCA determines, in writing, not to undertake
such higher level negotiations and the determination is documented in
the contract file.
48 CFR 515.804-70 Format for Discount Schedule and Marketing Data
(DSMD).
(a) As prescribed in GSAR 515.804-3(c), the contracting officer shall
insert the following format for collecting the Discount Schedule and
Marketing Data and the Guide for Submission of Discount Schedule and
Marketing Data at Table 515-70 below, in MAS solicitations identified by
the GSA MAS Program Coordinator for inclusion in the pilot test of the
revised DSMD format:
Instructions necessary to complete the Discount Schedule and
Marketing Data format are contained in Table 515-70 Guide For Submission
of Discount Schedule and Marketing Data (DSMD) of the General Services
Administration Acquisition Regulation (GSAR). The Guide is included in
this solicitation for your convenience.
The Government will treat all information which the offeror submits
on the DSMD as proprietary.
The Government may reject your offer if you fail to disclose
accurate, complete and current data in the DSMD. If the Government
discovers subsequent to contract award that information in the DSMD was
not accurate, complete or current, the Government may seek refunds and
other relief pursuant to the defective pricing provisions of the
contract.
Part A. Sections I and II, ask for specific information about the
terms of your offer to the Government.
Part B. Sections I and II, ask for information about the offeror's
discount and marketing practices to all customers (other than Federal
agencies) acquiring the same products or services offered under this
solicitation.
Part C, Sections I through III, ask for information about the
offeror's sales volume to Government and non-Government customers,
respectively.
Part D requires the offeror to certify to the accuracy, currency and
completeness of information submitted in Parts A-C.
Name of Offeror
SIN
1. Is the Government offered concessions in this offer which are not
granted to other customers? YesXXX NoXXX (If ''Yes'', provide details
below.)
a. Extended warranty? YesXXX NoXXX
(See GSAR clause 552.246-17). Attach a copy of your standard
commercial warranty or specify where it is found in your catalog or
price list included with this offer.
b. Return/Exchange goods policy? YesXXX NoXXX
c. Enhanced or additional services? YesXXX NoXXX
d. Any other concession? YesXXX NoXXX
Provide details about concessions offered above.
-- --
2. Respond if the offeror is a dealer or distributor. Will the
offeror, if awarded a contract pursuant to this solicitation:
a. Operate a Warehouse in which items covered by this solicitation
are stocked? YesXXX NoXXX
b. Process purchase orders? YesXXX NoXXX
c. Provide training? YesXXX NoXXX
d. Provide Installation? YesXXX NoXXX
3. Respond if the offeror will use participating dealers to perform
any aspect of a contract awarded pursuant to this solicitation. Will
the participating dealers perform any function listed below?
a. Operate a warehouse in which terms covered by the contract are
stocked? YesXXX NoXXX
b. Process Purchase Orders? Yes XXX No XXX
c. Provide Training? YesXXX NoXXX
d. Provide Installation?YesXXX NoXXX
e. Other? (Please specify) Yes XXX No XXX.
-- -- --
4. Do you offer any items identical to those contained in this offer
to GSA under any other schedule contract? Yes XXX No XXX. (If ''Yes''
identify the item, contract, and schedule if applicable.)
-- -- --
5. What are the total estimated sales under a GSA contract under this
schedule (if one is awarded) for all models/types or catalog numbers
offered under this SIN? $XXXXXX
(All discounts which you offer the Government must be based on
delivery FOB (contracting officer fill in blank.).
1. Identify the price list from which discounts are offered. Specify
the type or title and date of the price list; attach a copy of the
price list.
-- -- --
2. What is (are) the discount(s) offered to the government under this
solicitation?
-- -- --
3. Are any of the following other discounts offered? Yes XXX No XXX.
If ''yes'', enter the amount in the appropriate blanks. These
discounts will be taken by the Government, in addition to the discounts
offered in response to Question 2.
a. Prompt Payment Discount? (See GSAR Provision 552.232-8 and FAR
clause 52.232-25)
-- -- --
b. Quantity/dollar volume discounts?
-- -- --
(i) Can models/products be combined within this SIN in order to earn
these discounts? Yes XXX No XXX. If ''yes'', provide details:
-- -- --
(ii) Can SIN's be combined in order to earn the quantity discounts?
Yes XXX No XXX. If ''Yes'', provide details.
-- -- --
c. Blanket purchase agreements discounts?
-- -- --
d. Purchase option credits?
-- -- --
e. Other discounts?
-- -- --
Part B seeks information about the offeror's discount and marketing
practices to customers (other than Federal agencies) acquiring the same
items offered under this solicitation. All offerors must complete
Sections I and II.
1. Are the discounts which you offer the Government equal to or
better than your best discount to any customer, regardless of quantity?
Yes XXX No XXX.
a. If ''Yes,'' provide information on your best discount and the
customer receiving that discount in the chart below. (Disregard
question 2, below.)
b. If ''No.'' continue on to question 2, below.
2. Complete the chart below for all customers or categories of
customers (1) to which you sell at a discount which equals or exceeds
the discounts offered to the Government or (2) with which you have an
agreement to sell at a discount which equals or exceeds the discounts
offered to the Government.
a. Column 1 -- Identify the applicable customer or category of
customer. (Use a separate line for each customer or category of
customer.)
b. Column 2 -- Indicate the best discount at which you sell,
regardless of quantity, to the customer or category of customer
identified in Column 1.
c. Column 3 -- Insert the quantity or sales volume which the
identified customer must purchase/order to earn the discount.
d. Column 4 -- Indicate the FOB delivery term for each identified
customer. (See FAR Subpart 47.3 for an explanation of FOB delivery
terms.)
3. Discount chart (See Guide for Submission of DSMD, section IV)
4. Identify the price lists which are the basis for the discounts
given to the customers identified in the chart above. Specify the type
or title and date of each price list.
-- -- -- --
5. If the discounts extended to the Government in this offer are less
than the discounts shown above, explain the reasons for any differences.
-- -- -- --
Note: The contracting officer may require submission of copies of
some or all of the contracts/agreements with the customers identified
above.
1. Do you offer any customer identified in part B, section I, a
discount which would further reduce their price, and which has not
previously been disclosed? Yes XXX No XXX. If ''Yes,'' in the space
below, disclose the circumstances under which these discounts are given
and the range of discounts given. (See Guide for Submission of DSMD,
IV, 5.)
-- -- -- --
2. Do you grant any customer identified in part B, section I, any
concessions which are not herein offered to the government? Yes XXX No
XXX. (If ''Yes,'' indicate the type of concessions below and provide
details.)
a. Extended warranty? Yes XXX No XXX.
b. Return/Exchange goods policy? Yes XXX No XXX.
c. Bonus Goods? Yes XXX No XXX.
d. Free or additional training, installation, or other services? Yes
XXX No XXX.
e. Any other concessions? Yes XXX No XXX.
The contracting officer will use the information in this part C to
determine whether the items offered qualify for an exemption from the
requirement to submit cost or pricing data. Items which have an
''established catalog price,'' as defined by FAR 15.804-3 (c) and (f),
will be exempted from the requirement to submit cost or pricing data.
Items which meet the FAR definition are regarded as commercial items.
Sales information below is given for the period XXXX through XXXX,
inclusive (insert dates).
1. Total sales to the U.S. Government for all models/types or catalog
numbers offered under this SIN were $XXX.
2. Total sales to all entities (including the Government) with whom
you did business for all models/types or catalog numbers offered under
this SIN were: $XXX.
3. Line is 1 XXX percent (%) of line 2.
4. List below all models/types or catalog numbers offered under this
SIN which do not have an ''established catalog price'' as defined by FAR
15.804-3 (c) and (f), and which do have total sales to the U.S.
Government of $100,000 or more:
-- -- -- --
5. List below the (contracting officer fill in the blank)
models/types or catalog numbers offered under this SIN with the largest
dollar volume sales to the U.S. Government. Do not include any models
listed in response to question 4, above.
-- -- -- --
6. Complete the chart below for each model listed in question 5:
Column O -- Model Type or Catalog Number.
Column A -- Total Sales to the U.S. Government.
Column B -- Total Sales to non-Government customers at catalog price
(minus any published or established discounts).
Column C -- Total sales to non-Government customers at other than
catalog price.
Column D -- Total sales (D=A+B+C).
Column E -- Percentage of sales to non-Government customers at other
than catalog price (minus any published discounts).
Column F -- Percentage of total sales to the U.S. Government.
7. Current MAS contractors -- Total Sales under your current GSA
contract for this schedule for all models/types or catalog numbers
offered under this SIN were $XXX.
The offeror certifies that, to the best of its knowledge and belief:
(1) All of the data (including sales data submitted with this offer)
are accurate, complete, and current representations of actual
transactions, either (mark one):
XXX As of the date of submission of the offer;
XXX As of the date when negotiations are concluded.
(2) Substantial quantities of all items offered have been sold to the
general public.
(3) Except for models identified in Part C, Paragraph 4, the price(s)
quoted in this offer is (are) based on ''established catalog prices'',
as defined in FAR 15-804-3(c), of commercial items sold in substantial
quantities to the general public.
Name and Title of Person Authorized to Sign on Behalf of the Offeror.
(Type or Print).
Name:
Title:
Signature:
Offeror:
Date of Execution:
(End of DSMD format)
(b) Contract pricing proposals for MAS solicitations submitted on the
DSMD format in paragraph (a) above must be prepared in accordance with
the instructions in Table 515-70.
This Guide contains instructions and information needed to complete
and submit the Discount Schedule and Marketing Data (DSMD) portion of
Multiple Award Schedule (MAS) solicitations.
Terms included in this section have the meanings set forth below when
used in the DSMD. The explanations are in addition to any definitions
and/or guidance contained in the Federal Acquisition Regulation (FAR) or
elsewhere in the General Services Administration Acquisition Regulation
(GSAR).
1. Customer. A ''customer'' is any entity, except the Federal
Government, which acquires goods or services from the offeror. The term
customer includes but is not limited to, original equipment
manufacturers, value added resellers, state and local governments,
distributors, educational institutions, dealers, and national accounts.
In any instance where the offeror is asked to disclose information for a
''customer'', you may disclose information by category of customer, if
the offeror's discount policies are the same for all customers in the
category. Disclosure of a range of discounts for customer categories is
acceptable.
2. Concession. A ''concession'' is a benefit, enhancement or
privilege (other than a discount) which either reduces the overall cost
of a customer's acquisition or encourages a customer to consummate a
purchase. Concessions include, but are not limited to, free training,
free installation, and bonus goods.
3. Discount.
(a) A ''discount'' is a reduction to catalog prices (published or
unpublished) applicable to any customer. Discounts include, but are not
limited to, rebates, quantity discounts, purchase option credits,
trade-in allowances, and any other terms or conditions which reduce the
amount of money a customer ultimately pays for goods or services ordered
or received.
(b) Best Discounts -- If your best price is a combination of
discounts, identify each type of discount used. (For example, 1 to 99
-- 20% regular discount; 100+ -- 25% quantity discount; 2% aggregate
discount on sales exceeding $50,000.)
4. Educational institution. An ''educational institution'' is an
elementary, junior high, or degree granting school which maintains a
regular faculty, an established curriculum and an organized body of
students. Offerors shall disclose discounts given to educational
institutions when required by Part C. Discounts to educational
institutions will not serve as a negotiation objective unless the
offeror has no other significant category of customer. The Government
will, however, negotiate for such discounts for use by comparable
Federal educational institutions. Examples of Federal educational
institutions include: the Service Academies, Department of Defense
dependent schools, and Bureau of Indian Affairs Schools.
5. Item. An ''item'' is a product or service which is separately
priced and offered to a customer for sale, lease or rental.
6. U.S. Government sales. U.S. Government sales include all
Government sales, regardless of whether the orders were placed against a
GSA Schedule contract.
1. The DSMD is composed of four Parts, A through D, which solicit
information about the offeror's discount and marketing practices and its
offer to the Government.
2. Complete Parts A through C for each Special Item Number (SIN)
included in your offer. Respond to each question. You may make a
single submission of each Part, covering more than one SIN, if the
information disclosed is the same for all products under each SIN.
Complete Part D once for the entire offer.
3. The Government will use information which the offeror discloses to
establish negotiation goals, to determine if the prices offered are fair
and reasonable, and to determine whether the items offered qualify for
an exemption from the Federal Acquisition Regulation requirement to
submit cost or pricing data.
4. If an offeror does not disclose accurate, complete and current
data, the Government may reject the offer or, if a contract has been
awarded, seek refunds and other relief pursuant to the defective pricing
clause in the MAS solicitation and resulting contract.
5. The Government will treat all information which the offeror
submits on the DSMD as proprietary. The information will be withheld
from disclosure in accordance with section 27 of the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 423) and the Freedom of
Information Act. The identity of items actually awarded and contract
prices, however, are public information which will be disclosed by the
Government.
6. Offerors may reproduce the DSMD as necessary. If any section of
the DSMD does not provide adequate space for a complete answer, the
offeror may continue its response by attaching pages. Attached pages
should clearly reference the section of the DSMD to which they are
applicable.
7. Contracting officers may request documentation in addition to that
specified on the DSMD if such documentation is necessary to determine
that discounts, terms, and conditions offered the Government result in
fair and reasonable prices.
Section I asks for general information about the offer. Section II
asks for information concerning discounts which you offer the
Government.
1. If you do not offer a discount specified in Part A, enter zero.
2. You may offer discounts and concessions which vary by model or
product line. If you offer varying discounts, you must either: (a)
annotate the price list to show discounts applicable to each model or
product line, or (b) complete a supplemental sheet in the format shown
at the end of this Guide.
1. If the offeror's discount practices vary by model or product line,
give discount information by model or product line.
2. Disclose discounts (a) at which you sell, (b) discounts contained
in agreements which are in effect on the date your offer is submitted
and (c) discounts which are published or contained in agreements, with
an effective date during the MAS contract period. You must also
disclose any changes to discounts and discounts policies which occur
after the offer is submitted, but prior to the close of negotiations.
3. Disclose discounts to current customers without regard to the
terms and conditions of the agreements under which the discounts are
given, and without regard to whether such agreements are written or
verbal.
4. If the prices given to any customer are not (a) a discount from
the price list which is the basis for your offer to GSA, or (b) a
discount from a price list, you should convert the prices into discounts
from the price list which is the proposed basis for your agreement with
GSA.
5. Section I, question 5. The explanation should include a
description of any special circumstances which the offeror believes
justifies offering GSA a discount less than that offered to any customer
identified in the Discount Chart.
1. Complete a separate Part C for each Special Item Number (SIN) for
which you submit an offer. Fill in all blank spaces.
2. Complete the chart entitled ''Sales Information (Commercial
Items)'' for each model listed in response to question 5.
3. Applicable to questions 1 through 6. Submit all requested sales
information for a consecutive 12 month period. The offeror may choose
any 12 month period for which it has reliable sales information,
provided that the period may not begin prior to the beginning of your
most recently completed fiscal or tax year.
4. Established or published discounts are discounts which are
regularly given in the normal course of business.
Offerors must certify, at the time their initial proposals are
submitted that sales, discount and marketing data included with those
proposals is current as of the date the proposal is submitted. At the
conclusion of negotiations, offerors must again certify that all
information, including any additional information provided to the
Government during the negotiation process, is accurate, complete and
current.
Supplemental Sheet
(Ref. Guide, III, 2, ii)
(End of Guide)
Effective Date Note: Section 515.804-70 was temporarily added by
Acquisition Circular AC-92-1 at 57 FR 5864, Feb. 18, 1992. The
temporary regulation expires Feb. 17, 1993.
48 CFR 515.805 Proposal analysis.
48 CFR 515.805-5 Field pricing support.
(a) ''Field pricing support'' is provided by the Assistant Inspector
General-Auditing, or the Regional Inspector General-Auditing, as
appropriate.
(b) When applying the threshold at FAR 15.805-5 for requesting field
pricing support, the value of the proposal (including any priced
options) must be used.
48 CFR 515.805-5 Subpart 515.9 -- Profit
48 CFR 515.902 Policy.
(a) Structured approach for determining profit fee objectives. The
contracting officer's analysis of these profit factors is based on
information available to the Government before negotiations. Such
information is furnished in proposals, audit data, performance reports,
preaward surveys and the like. The structured approach also provides a
basis for documentation of a profit objective, including an explanation
of any significant departure from this objective in reaching a final
agreement. The extent of documentation should be directly related to
the dollar value and complexity of the proposed procurement.
(b) Exemptions from requirement to use the structured approach. (1)
Under exempted procurements, other methods for establishing profit
objectives may be used. Generally, such methods will be supported in a
manner similar to that used in the structured approach (profit factor
breakdown and documentation of profit objective). However, factors
within the structured approach considered inapplicable to the
procurement may be excluded from the profit objectives. The following
types of procurements are exempt from the structured approach:
(i) Management contracts for operation and/or maintenance of
Government facilities;
(ii) Contracts primarily requiring delivery of material supplied by
subcontractors;
(iii) Termination settlements;
(iv) Cost-plus-award-fee contracts;
(v) Contracts and contract modifications of $100,000 or less in
value; and
(vi) Architect-engineer and construction contracts.
(2) Other exemptions may be made in the negotiation of contracts
having unusual pricing situations where the structured approach is
determined to be unsuitable. Such exemptions must be justified in
writing and approved by the HCA.
48 CFR 515.905 Profit-analysis factors.
(a) The following factors must be considered whenever profit is to be
negotiated. The weight ranges listed after each factor should be used
when the structured approach is used.
(b) GSA Form 1766, Structured Approach Profit/Fee Objective, may be
use to facilitate the profit objective computation. The contracting
officer shall measure the Contractor Effort by the assignment of a
profit percentage within the designated weight ranges to each element of
cost recognized.
(c) If the facilities capital cost of money is allowed as an item of
cost, either as a part of the contracting officer's price/cost objective
in a firm fixed price type contract or as an allowable cost in a
flexibly priced type contract, e.g., cost reimbursement or fixed price
incentive type contract, the contracting officer shall reduce the
profit/fee objective as follows. After the contracting officer has
developed a dollar profit/fee amount for the requirement (e.g., the sum
of the ''contract effort'' and ''other factors'' dollar profit/fee
amounts on the GSA Form 1766, Structured Approach Profit/Fee Objective),
the contracting officer shall subtract from that aggregate dollar
profit/fee amount any dollar amount allowed for facilities capital cost
of money. The remainder, after subtraction of the facilities capital
cost of money amount, is the profit/fee objective.
(54 FR 26521, June 23, 1989, as amended at 55 FR 48848, Nov. 23,
1990)
48 CFR 515.905-1 Common factors.
(a) Contractor Effort encompasses broad and basic categories but
shall not include facilities capital cost of money. Individual
proposals may be in a different format.
(b) After computing a total dollar profit for Contractor Effort, the
contracting officer shall calculate the specific profit dollars for the
categories under other factors. This is done by multiplying the total
Government cost objective, exclusive of any cost of money for facilities
capital, by the specific weights assigned to the elements within the
Other Factors category.
(c) In determining the value of each factor, the contracting officer
should be governed by the definition, description, and purpose of the
factors together with considerations for evaluating them as prescribed
in FAR 15.905-1 and the following:
(1) General management. Management problems surface in various
degrees and the management expertise exercised to solve them should be
considered as an element of profit. For example, a new program for an
item that involves advanced state of the art techniques may cause more
problems and require more managerial time and abilities of a higher
order than one that is a follow-on contract. If new contracts create
more problems and require a higher profit weight, follow-ons should be
adjusted downward, as many of the problems should have been solved. An
evaluation should be made of the underlying managerial effort involved
on a case-by-case basis.
(2) Other-costs. Include all other direct costs of contractor
performance under this item (e.g., travel and relocation, direct
support, and consultants). Analysis of these costs in assigning profit
weights must include (i) their significance, (ii) their nature, and
(iii) how much they contribute to contract performance.
(3) Contract-cost-risk. Where the proper contract type has been
selected, the reward for risk by contract type would usually fall into
the following ranges:
Cost-reimbursement type contracts 0-3%
Fixed-price type contracts 3-7%
(i) A cost-plus-a-fixed-fee contract normally would not justify a
reward for risk in excess of 0 percent, unless the contract contains
cost risk features such as ceilings on overheads. In such cases, up to
1 percent may be justified. Cost-plus-incentive-fee contracts fill the
remaining portion of the 0 to 3 percent range with weightings directly
related to such factors as confidence in target cost, share ratio of
fee(s), etc. The weight range for fixed-price contracts is wide enough
to accommodate the many types of fixed-price arrangements. Weighting
should indicate the cost risk assumed, with only firm fixed-price
contracts reaching the top end of the range.
(ii) The contractor's subcontracting program may significantly impact
the contractor's risk under a contract. It could affect risk in terms
of both cost and performance. This should be a part of the contracting
officer's overall evaluation in selecting a weight for cost risk. The
prime contractor may effectively transfer cost risk to a subcontractor
and the risk evaluation may, as a result, be below the range that would
otherwise apply for the contract type being proposed. The risk
evaluation should not be lowered, however, merely because a substantial
portion of the contract cost represents subcontracts without any
substantial transfer of contractor's risk.
(iii) In evaluating risk in the definitization of letter contracts,
unpriced change orders, and unpriced orders under basic ordering
agreements, the effect on risk as a result of partial performance before
definitization should be considered. Under some circumstances the total
risk may have been effectively reduced. Under other circumstances, the
contractor's risk may have remained substantially unchanged. To be
equitable, the determination of a profit weight for all recognized
costs, both those incurred and those yet to be expended, must be made
with consideration to all attendant circumstances, not just to the
portion of costs incurred or percentage of work completed before
definitization.
(iv) Service contracts should have a weight range for cost risk of 0
to 4 percent. A firm fixed-price contract, which is not priced on a
labor-hour method, may warrant additional consideration for contractor
cost risk. In those circumstances, a weight of up to 4 percent is
authorized. Conversely, a cost-plus-a-fixed-fee service contract
normally warrants a zero cost risk factor.
(4) Capital investment. The evaluation of this factor for profit
weights should include the following:
(i) Facilities. To evaluate how this factor contributes to the
profit objective requires knowledge of the level of facilities use
needed for contract performance, the source of financing of the
facilities, and the overall cost effectiveness of the facilities
offered. Contractors who furnish their own facilities that
significantly contribute to lower total contract costs, should receive
additional profit. Contractors who rely on the Government to provide or
finance facilities should receive less profit. Situations between the
above examples should be evaluated on their merits with either a
positive or negative profit weight adjustment, as appropriate, being
made. However, when a contractor who owns a large quantity of
facilities is to perform a contract that does not benefit from these
facilities, or where a contractor's use of its facilities has a minimum
cost impact on the contract, profit need not be adjusted.
(ii) Payments. The frequency of payments by the Government to the
contractor should be considered. The key to this weighting is the
impact the contract will have on the contractor's cash flow. Generally,
for payments more frequent than monthly, negative consideration should
be given, with maximum reduction as the contractor's working capital
approaches zero. Positive consideration should be given for payments
less frequent than monthly with additional consideration given for
payments less frequent than the contractor's or the industry's normal
practice.
(5) Cost control and other past accomplishments. See FAR
15.905-1(e).
(6) Federal socio economic programs. See FAR 15.905-1(c).
(7) Special situations and independent development. See FAR
15.905-1(f).
(54 FR 26521, June 23, 1989, as amended at 55 FR 48848, Nov. 23,
1990)
48 CFR 515.905-70 Nonprofit organizations.
(a) The structured approach was designed for arriving at profit or
fee objectives for other than nonprofit organizations. However, the
structured approach as modified below, should also be used to establish
fee objectives for nonprofit organizations. (See FAR 31.701.) The
modifications should not be applied as deductions to historical fee
levels, but rather, as a reduction in the fee objective calculated under
the structured approach.
(b) For contracts with nonprofit organizations, an adjustment of up
to 3 percent will be subtracted from the total profit-fee objective. In
developing this adjustment, it will be necessary to consider the
following factors:
(1) tax position benefits;
(2) granting of financing through letters of credit;
(3) facility requirements of the nonprofit organization; and
(4) other factors that may work to the advantage or disadvantage of
the contractor as a nonprofit organization.
48 CFR 515.905-70 Subpart 515.10 -- Preaward, Award, and Postaward Notifications, Protests, and Mistakes
48 CFR 515.1001 Notification to unsuccessful offerors.
Preaward notices are not required for small business-small purchase
set-asides. Notification to unsuccessful offerors can be made as
provided in FAR 13.106(b)(9).
(56 FR 47005, Sept. 17, 1991)
48 CFR 515.1070 Release of information concerning unsuccessful offerors.
(a) GSA Order, GSA Freedom of Information Act (FOIA) procedures (ADM
1035.11B), should be consulted to determine what information may be
disclosed.
(b) When small purchase procedures are used, the names and dollar
amounts of unsuccessful offerors may be released upon request without
processing through the formal FOI procedures.
(c) When the contracting officer determines, in connection with
negotiated procurements (other than small purchases), that the
administrative time and workload of processing regular FOIA requests
(see FAR 14.408-1(c)) is greater than the workload involved in preparing
an abstract of offers to be displayed at an appropriate Business Service
Center, the following rules apply:
(1) An abstract of offers may be prepared for display after award in
the appropriate Business Service Center in addition to the notification
required by FAR 15.1001(c).
(2) The abstract must include only the names, addresses, and ''best
and final'' prices offered for unclassified acquisitions where the award
is based on price and price-related factors. The successful offeror(s)
must be identified.
(3) Abstracts must not contain information regarding failure to meet
minimum standards of responsibility or other notations properly exempt
from disclosure under FOI regulations.
(d) The information outlined in paragraph (c) of this section must
not be disclosed when the contracting officer determines, on a
case-by-case basis, that it is not in the best interest of the
Government or when it may be competitively harmful to offerors such as
when negotiations are in process for an item that was recently awarded
under another solicitation.
(54 FR 26514, June 23, 1989, as amended at 56 FR 47005, Sept. 17,
1991)
48 CFR 515.1070 Subpart 515.70 -- Use of Bid Samples
48 CFR 515.7000 Scope of subpart.
This subpart supplements the policies and procedures in FAR 14.202-4
and 514.202-4 regarding bid samples required in negotiated acquisitions.
48 CFR 515.7001 General.
Except as provided in 515.7002 and 515.7003, the basic policy and
procedures in FAR 14.202-4 and 514.202-4 apply to negotiated
acquisitions. When referring to FAR 14.202-4 and 514.202-4, the term
''bid'' means ''offer'' or ''proposal'' and the terms ''bidder'' and
''invitation'' or ''invitation for bids'' are used synonymously with
''offeror'' and ''solicitation'' or ''RFP'' when contracting by
negotiation.
48 CFR 515.7002 Policy.
(a) Since the terms ''responsiveness'' and ''nonresponsive'' do not
apply to negotiated acquisitions, FAR 14.202-4(b) (2) and (4) do not
apply when the use of bid samples is determined necessary under this
subpart.
(b) Instead of FAR 14.202-4(b) (2) and (4), apply the following:
(1) Bid samples will be used in the technical evaluation of proposals
to determine the acceptability of the samples to meet the Government's
specification and to ensure compliance with the subjective and any
objective characteristics listed in the solicitation.
(2) A proposal may be excluded from further consideration for award
if after discussion with the offeror of any deficiencies found in the
samples and after the offeror has been given an opportunity to correct
those deficiencies, the sample still fails to conform to each of the
characteristics listed in the solicitation. (See FAR 15.609.)
48 CFR 515.7003 Procedural requirements.
(a) Unsolicited samples. The reference to FAR 14.404-2(d) in FAR
14.202-4(g) is not applicable and the following is to be applied when
contracting by negotiation:
Qualifications in the proposal that are at variance with the
Government's requirements are deficiencies and must be resolved as
provided for in FAR 15.610.
(b) Solicitation requirements. (1) When the clause at FAR 52.214-20
is used in a negotiated acquisition, the second sentence in paragraph
(c) of the clause does not apply. A sentence substantially as follows
must be substituted in the clause when contracting by negotiation.
Failure of the bid samples to conform to all of the required
characteristics listed in the solicitation shall constitute a deficiency
in the proposal and shall be resolved as provided for in FAR 15.610.
(2) In addition to listing subjective characteristics that cannot be
adequately described in the specification, objective characteristics may
be listed in the solicitation and evaluated when it has been determined,
on the basis of past experience or other valid considerations, that
examination of such characteristics is essential to the acquisition of
an acceptable product.
(c) Samples received after the time set for receipt of offers may be
considered only if they meet the requirements of FAR 52.215-10.
48 CFR 515.7003 PART 516 -- TYPES OF CONTRACTS
48 CFR 515.7003 Subpart 516.2 -- Fixed-Price Contracts
Sec.
516.203 Fixed-price contracts with economic price adjustment.
516.203-4 Contract clauses.
516.203-70 EPA in FSS multiple award schedules.
48 CFR 515.7003 Subpart 516.3 -- Cost-Reimbursement Contracts
516.301 General.
516.301-3 Limitations.
516.306 Cost-plus-fixed-fee contracts.
48 CFR 515.7003 Subpart 516.4 -- Incentive Contracts
516.403 Fixed-price incentive contracts.
516.405 Contract clauses.
48 CFR 515.7003 Subpart 516.5 -- Indefinite-Delivery Contracts
516.505 Contract clauses.
48 CFR 515.7003 Subpart 516.6 -- Time-and-Materials, Labor-Hour, and
Letter Contracts
516.603 Letter contracts.
516.603-3 Limitations.
516.603-70 Architect-Engineer services.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26526, June 23, 1989, unless otherwise noted.
48 CFR 515.7003 Subpart 516.2 -- Fixed-Price Contracts
516.203 Fixed-price contracts with economic price adjustment.
48 CFR 516.203-4 Contract clauses.
(a) General. When the contracting officer decides to use a clause
providing for adjustments based on cost indexes of labor or material
under FAR 16.203-4, a clause must be prepared with the assistance of
counsel and approved by the contracting director.
(b) FSS Multiple Award Schedules. In Federal Supply Service (FSS)
multiple award schedule (MAS) procurements, the contracting director
will determine whether to use an Economic Price Adjustment (EPA) clause
under FAR 16.203-2.
(c) Stock or Special Order Program Contracts. (1) The contracting
officer shall insert the clause at 552.216-72, Economic Price Adjustment
-- Stock and Special Order Program Contracts, or a clause prepared as
authorized in subparagraph (c)(2) of this section, in solicitations and
contracts when the contracting officer has made the determination
required by FAR 16.203-2 and the contract is a multiyear contract. If
the contract includes one or more options to extend the term of the
contract, the contracting officer shall use the clause with its
Alternate I. If a multiyear contract with additional option periods is
contemplated, the contracting officer may use a clause substantially the
same as the clause at 552.216-72 with its Alternate I suitably modified.
If the contract requires a minimum adjustment before the price
adjustment mechanism is effectuated, the contracting officer shall use
the basic clause or the Alternate I clause along with Alternate II.
(2) If the contracting officer decides that an economic price
adjustment clause is needed but finds the Producer Price Index is not an
appropriate indicator for price adjustment, the contracting officer may
modify the clause to use an alternate indicator for adjusting prices.
Similarly, if the contracting officer finds other aspects of the clause
at 552.216-72 are not appropriate, the contracting officer may develop a
clause in accordance with 516.203-4(a) for use instead of the clause at
552.216-72.
(55 FR 39278, Sept. 26, 1990)
48 CFR 516.203-70 EPA in FSS multiple award schedules.
(a) If the FSS multiple award schedule solicitation contains an EPA
clause, the contracting officer should establish negotiation objectives
reflecting the terms of the clause and seek appropriate discounts. If
the clause is not included in the initial solicitation but is negotiated
in, it must be added to the contracts at the time of award. Its
inclusion is contingent on the approval of the contracting director, the
need for an EPA clause, and the concessions granted by the offeror for
its inclusion in the contract.
(b) The contract price ceiling may be raised during the contract
period only under the following conditions:
(1) Analysis of the current market conditions, conducted in
conjunction with the Office of Commodity Management (FC), reveals that
the original contract price ceiling is inadequate.
(2) The causes which require an increase in the price ceiling are not
unique to an individual contractor, but affect all suppliers for similar
products.
(3) The HCA approves the determination to raise the ceiling.
48 CFR 516.203-70 Subpart 516.3 -- Cost-Reimbursement Contracts
48 CFR 516.301 General.
48 CFR 516.301-3 Limitations.
The required determination and findings (D&F) must be prepared in the
format prescribed by 501.704-70(a)(1) and be signed by the appropriate
official (see 501.707).
(55 FR 39279, Sept. 26, 1990)
48 CFR 516.306 Cost-plus-fixed-fee contracts.
The required D&F must be signed by the appropriate official (see
501.707).
48 CFR 516.306 Subpart 516.4 -- Incentive Contracts
48 CFR 516.403 Fixed-price incentive contracts.
The required D&F must be prepared in the format prescribed by
501.704-70(a)(1) and be signed by the appropriate official (see
501.707).
48 CFR 516.405 Contract clauses.
Award fee clauses developed by contracting officers, under FAR
16.405(e), shall be prepared with the advice and assistance of counsel
and be approved by the contracting director.
48 CFR 516.405 Subpart 516.5 -- Indefinite-Delivery Contracts
48 CFR 516.505 Contract clauses.
The contracting officer shall insert the clause at 552.216-73,
Placement of Orders, in solicitations and contracts for stock or special
order program items when the contract authorizes agencies other than GSA
to issue delivery orders. If GSA alone will issue delivery orders use,
Alternate I. If a Federal Supply Schedule contract (single or multiple
award) is contemplated, use Alternate II.
(56 FR 376, Jan. 4, 1991)
48 CFR 516.505 Subpart 516.6 -- Time-and-Material, Labor-Hour, and Letter Contracts
48 CFR 516.603 Letter contracts.
48 CFR 516.603-3 Limitations.
(a) When acquiring architect-engineer (A-E) services the proposed A-E
must provide a price proposal for the non-design effort to be performed
under the contract before the letter contract is awarded. The letter
contract must:
(1) Not authorize the A-E to begin the design effort. The scope of
the letter contract may include the design effort but the letter
contract may only authorize the A-E to perform those services that are
independent of the design effort (e.g., feasibility studies, existing
facility surveys or site investigation, etc.) before the letter contract
is definitized.
(2) Include a definitization schedule that outlines dates for
submission of the design fee proposal, start of negotiations, and
definitization. The schedule must provide for definitization of the
contract within 90 days after the date of the letter contract instead of
180 days as outlined in FAR 16.603-2(c).
(3) Limit the Government's liability to the amount necessary for the
non-design effort to be performed under the contract by inserting that
amount in the clause at FAR 52.216-24, Limitation of Government
Liability.
(b) If the contracting officer must issue a unilateral price decision
for an A-E contract under FAR 16.603-2(c), the maximum contract amount
must not exceed a reasonable price for the excludable items plus the 6
percent statutory fee limitation for the project.
48 CFR 516.603-3 PART 517 -- SPECIAL CONTRACTING METHODS
48 CFR 516.603-3 Subpart 517.1 -- Multiyear Contracting
Sec.
517.105 Solicitation provisions and clauses.
48 CFR 516.603-3 Subpart 517.2 -- Options
517.201 Definitions.
517.204 Contracts.
517.207 Exercise of options.
517.208 Solicitation provisions and contract clauses.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26527, June 23, 1989, unless otherwise noted.
48 CFR 516.603-3 Subpart 517.1 -- Multiyear Contracting
48 CFR 517.105 Solicitation provisions and contract clauses.
Inclusion of FAR clauses 52.217-1, Limitations of Price and
Contractor Obligations, and 52.217-2, Cancellation of Items, is not
required for multiyear contracts authorized by the Federal Property and
Administrative Services Act for maintenance and repair of fixed
equipment in Federally-owned buildings and utility services.
48 CFR 517.105 Subpart 517.2 -- Options
48 CFR 517.201 Definitions.
Nonevaluated option means an option that is not considered in the
award evaluation.
Unpriced option means an option where the prices for the option
quantities or performance periods are not specified in the contract at
the time of award and are negotiated at the time the option is
exercised.
48 CFR 517.204 Contracts.
The head of the contracting activity must approve exceeding the
5-year limitations specified in FAR 17.204(e) for individual contracts.
The Associate Administrator for Acquisition Policy must approve requests
to exceed the limitations for classes of contracts. The contract file
for individual approvals and the requests for approval of classes of
contracts must completely support the need to exceed the 5-year
limitation.
48 CFR 517.207 Exercise of options.
(a) If the synopsis for the original contract described the option
provisions in sufficient detail to comply with the requirements of FAR
Part 5 and the option was evaluated as part of the original competition,
a synopsis of the option before it is exercised is not required. If the
synopsis of the original contract did not describe the option provisions
or the option was unevaluated, the option must be synopsized in
accordance with FAR 5.207 before the option can be exercised.
(b) Unpriced options and unevaluated options are considered new
procurement and the justification requirements of FAR Subpart 6.3 must
be complied with before the option is exercised.
48 CFR 517.208 Solicitation provisions and contract clauses.
The Contracting Officer shall insert a provision substantially the
same as the provision at 552.217-70, Evaluation of Options, in
solicitations for procurements under the Federal Supply Service (FSS)
stock or special order program when (a) The solicitation contains an
option to extend the term of the contract and (b) A firm-fixed price
contract with economic price adjustment based on the Producer Price
Index or alternative indicator of market price changes is contemplated.
(55 FR 39279, Sept. 26, 1990)
48 CFR 517.208 PART 518 -- (RESERVED)
48 CFR 517.208 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR 517.208 PART 519 -- SMALL BUSINESS AND SMALL DISADVANTAGED
BUSINESS CONCERNS
Sec.
519.001 Definitions.
48 CFR 517.208 Subpart 519.2 -- Policies
519.201 General policy.
519.202 Specific policies.
519.202-2 Locating small business sources.
519.202-5 Data collection and reporting requirements.
48 CFR 517.208 Subpart 519.3 -- Determination of Status as a Small
Business Concern
519.302 Protesting a small business representation.
519.304 Solicitation provisions.
48 CFR 517.208 Subpart 519.5 -- Set-Asides for Small Business
519.500 Scope of subpart.
519.502 Setting aside acquisitions.
519.502-1 Requirements for setting aside acquisitions.
519.502-3 Partial set-asides.
519.502-70 Review of non-set-aside determinations.
519.503 Setting aside a class of acquisitions.
519.508 Solicitation provisions and contract clauses.
48 CFR 517.208 Subpart 519.6 -- Certificates of Competency and
Determinations of Eligibility
519.602 Procedures.
519.602-3 Resolving differences between the agency and Small Business
Administration.
48 CFR 517.208 Subpart 519.7 -- Subcontracting With Small Business and
Small Disadvantaged Business Concerns
519.701 Definitions.
519.702 Statutory requirements.
519.704 Subcontracting plan requirements.
519.705 Responsibilities of the contracting officer under the
subcontracting assistance program.
519.705-2 Determining the need for a subcontracting plan.
519.705-4 Reviewing the subcontracting plan.
519.705-5 Awards involving subcontracting plans.
519.705-6 Postaward responsibilities of the contracting officer.
519.706 Responsibilities of the cognizant administrative contracting
office.
519.706-70 Monitoring contractor compliance with subcontracting
plans.
519.708 Solicitation provisions and contract clauses.
519.770 Reporting requirements under subcontracting assistance
program.
519.770-1 Report forms.
519.770-3 Reporting on contractual actions under section 211 of Publ.
L. 95-507.
48 CFR 517.208 Subpart 519.8 -- Contracting With the Small Business
Administration (The 8(a) Program)
519.803 Selecting acquisitions for the 8(a) program.
519.803-70 Contracting Officer evaluation of recommendations for 8(a)
set-aside(s).
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26527, June 23, 1989, unless otherwise noted.
48 CFR 519.001 Definitions.
Agency small business technical advisors (SBTAs) as used in this
part, means the directors of the Business Service Centers (or designees)
in the regions and the individuals in FPRS, FSS, IRMS and PBS who have
been designated to serve as SBTAs in the Central Office. In addition to
the duties outlined at FAR 19.201(c), the agency small business
technical advisors perform the functions of the small and disadvantaged
business utilization specialist/representative described in FAR
19.506(a) and (b) and 19.705-4(d)(5).
48 CFR 519.001 Subpart 519.2 -- Policies
48 CFR 519.201 General policy.
The Director of Small and Disadvantaged Business Utilization (AU) may
make recommendations to the contracting officer as to whether a
particular acquisition should be awarded under FAR 19.5 as a set-aside
(including those involving Labor Surplus Areas) or under FAR 19.8 as a
section 8(a) award directly or through the SBTA.
(56 FR 26769, June 11, 1991; 56 FR 30618, July 3, 1991)
519.202 Specific policies.
48 CFR 519.202-2 Locating small business sources.
(a) Contracting officers should request assistance from SBTAs in
locating small business sources.
(b) Business Service Centers (BSCs) will:
(1) Announce advance and current information about GSA business
opportunities.
(2) Provide information, assistance, and counseling to enable small
business concerns to take full advantage of business opportunities.
(3) Develop publications and public relations techniques designed to
obtain maximum interest and participation of small business concerns.
This activity will include, but not be limited to, the following:
(i) Arranging for and participating in meetings with business groups
such as Chambers of Commerce, trade associations and similar
organizations, State development corporations, Governors' and Mayors'
advisory groups, local business and civic organizations, and small
business councils.
(ii) Developing, preparing, and distributing informational material
designed to stimulate the interest of small business concerns.
(iii) Developing interest and cooperation on the part of trade
publications, the local press, and other media.
(4) Whenever practical, access the Small Business Administration's
(SBA) Procurement Automated Source System (PASS) to locate small
business sources.
(c) BSC's will keep each other and the Office of Small and
Disadvantaged Business Utilization (AU) informed on items of mutual
interest regarding the small business programs.
(54 FR 26527, June 23, 1989, as amended at 56 FR 3044, Jan. 28, 1991)
48 CFR 519.202-5 Data collection and reporting requirements.
Contracting officers shall submit a GSA Form 2677, Minority Contract
Fact Sheet, to the SBTA when an 8(a) contract is awarded or modified.
(57 FR 37890, Aug. 21, 1992)
48 CFR 519.202-5 Subpart 519.3 -- Determination of Status as a Small Business Concern
48 CFR 519.302 Protesting a small business representation.
If SBA determines that an offeror is not a small business and there
is evidence that the offeror knowingly misrepresented itself as a small
business, the contracting officer shall refer the matter to the
Inspector General (J) for investigation.
(56 FR 3044, Jan. 28, 1991)
48 CFR 519.304 Solicitation provisions.
The contracting officer shall insert a provision substantially the
same as that at 552.219-1, Small Business Concern Representation, in all
solicitations instead of the provision at FAR 52.219-1. When using small
purchase procedures the information required by the provision at
552.219-1 may be obtained through other means.
(57 FR 37890, Aug. 21, 1992)
48 CFR 519.304 Subpart 519.5 -- Set-Asides for Small Business
48 CFR 519.500 Scope of subpart.
The requirements in this subpart for setting aside acquisitions and
for reviewing non-set-aside determinations do not apply to construction,
architectural and engineering, or trash/garbage collection services
estimated to exceed $25,000 that are acquired under the Small Business
Competitiveness Demonstration Program during periods when goals are
being met and contracting officers are required to contract for such
services using unrestricted procedures. (See FAR 19.10.) However,
contracts for these services may be awarded under the 8(a) program.
(56 FR 3044, Jan. 28, 1991)
48 CFR 519.502 Setting aside acquisitions.
48 CFR 519.502-1 Requirements for setting aside acquisitions.
Where a contracting officer determines that a small business
set-aside of a procurement under FAR 19.5 is not feasible, the
procedures in 519.502-70 must be followed. Contracting officers shall
periodically review individual set-asides to identify commodities and
services suitable for class set-asides.
48 CFR 519.502-3 Partial set-asides.
(a) Initiating partial set-asides for stock items. Partial
set-asides for procurement of stock items may be made when the following
Economic Order Quantity (EOQ) factors are present:
(1) For annual contracts, an EOQ factor not exceeding 3 months; and
(2) For 6-month contracts, an EOQ factor not exceeding 1 month.
(b) Contract award. When the set-aside portion of an item is awarded
to the same concern as the corresponding non-set-aside portion, the
award must be documented by issuing a separate contract or contract
number for each group of items.
(c) Partial coverage. When only the non-set-aside portion of the
procurement is awarded before the expiration of the current contract,
contractual documents covering the transaction must be distributed to
the ordering activities to provide at least partial coverage of the
requirements.
(d) Contract coding. Information regarding partial or total
set-asides must be included on GSA Form 1535, Recommendation for
Award(s), as appropriate. Further, if a class set-aside is involved,
the face of the GSA Form 1535 must be annotated as follows: ''Class
set-asides apply to items XXXXXXXX.''
(e) Ordering procedures. The Inventory Manager shall ensure that the
specified division of orders is made in accordance with the clause at
552.219-71 in those cases where two contractors are to supply the same
item(s).
48 CFR 519.502-70 Review of non-set-aside determinations.
(a) If the contracting officer decides that a procurement that is
expected to exceed $25,000 cannot be set aside for small business, the
reasons for the decision must be recorded on the GSA Form 2689,
Procurement Not Set Aside. The GSA Form 2689 must be submitted to the
SBTA for review and coordination with the SBA.
(b) The SBTA will provide a copy of the GSA Form 2689 to the SBA
representative as soon as possible so that the review can be made by GSA
and SBA within the timeframe provided in (c) of this section.
(c) Review of the contracting officer's determination should normally
be completed within 5 workdays. GSA and SBA reviewing officials should
notify the contracting officer if additional time is needed and request
an extension of time to complete the review.
(d) Before the GSA or SBA reviewing officials provide additional
small business sources to the contracting officer when requesting
reconsideration of the non-set-aside determination, the reviewing
officials shall contact the sources to ensure the source is interested
in submitting an offer and to obtain information regarding the
capability of the source to fulfill the Government's requirements. The
information obtained should be provided to the contracting officer for
consideration.
(e) If the SBTA recommends that the contracting officer set the
procurement aside and the contracting officer still believes the
procurement should be unrestricted, the matter must be referred to the
contracting director's first level supervisor for a decision.
(f) If the SBA representative recommends that the contracting officer
set the procurement aside and the contracting officer rejects the
recommendation, the contracting officer shall comply with FAR 19.505.
48 CFR 519.503 Setting aside a class of acquisitions.
(a) A class set-aside may consist of an item (or service), a group of
related items under a Federal Supply Class (FSC), or a whole FSC when
restricted to small business on more than a one-time basis, as distinct
from a one-time basis. A single item or a group of items restricted to
small business on more than a one time basis, even though constituting
only a small portion of an FSC, is defined as a class set-aside.
(b) Class set-aside determinations must be documented in the
following format:
In accordance with FAR 19.502-2, it is hereby determined that
procurements by the (name of contracting activity) of the following
items or services will be set aside for small business concerns on a
class basis. This determination does not apply to any individual
procurement for which small purchase procedures are to be used and
applies only to the contracting activity named above.
48 CFR 519.503 (List items or services)
The above format must be appropriately modified with respect to any
class of procurements proposed to be partially set-aside. It must be
signed by the contracting officer having procurement responsibility for
the class of items or services involved, approved by the appropriate
contracting director or a designee, and placed in the contract file.
48 CFR 519.508 Solicitation provisions and contract clauses.
The contracting officer shall insert the clause at 552.219-71,
Allocation of Orders -- Partially Set-Aside Items, in solicitations and
requirements type supply contracts that are partially set aside for
small business.
48 CFR 519.508 Subpart 519.6 -- Certificates of Competency and Determinations of Eligibility
48 CFR 519.602 Procedures.
48 CFR 519.602-3 Resolving differences between the agency and the Small
Business Administration.
(a) Within 5 working days or such longer period as may be agreed to
after the contracting officer makes a request to the SBA Regional Office
to appeal a notice of intention to issue a Certificate of Competency,
the contracting office shall prepare and forward the following
information to AU:
(1) Copies of all correspondence between GSA and SBA concerning the
case, including initial notice to SBA that a small business had been
found nonresponsible;
(2) Copies of all technical documents sent to SBA along with the
notice (i.e., solicitation, preaward surveys, abstract of offers, if
any, etc.);
(3) A fact sheet detailing all pertinent information to support an
appeal action to SBA, including any new information and a justification
of the contracting officer's decision to continue the appeal.
(b) If the SBA Central Office informs the contracting officer that it
concurs with its Regional Office's intention to issue a COC, the
documentation available clearly supports an appeal, and the contracting
officer believes an appeal to be in the Government's interest, the
contracting officer shall contact AU and request that office formally
appeal the SBA decision on the agency's behalf. After considering all
the facts and conferring with the applicable contracting activity, AU
will decide whether or not to file a formal appeal. Before a decision
is made not to appeal, AU shall notify the applicable Central Office
Service. Once a decision is made regarding the appeal the contracting
officer will be notified.
48 CFR 519.602-3 Subpart 519.7 -- Subcontracting with Small Business and Small Disadvantaged Business Concerns
48 CFR 519.701 Definitions.
Commercial products plan means an annual subcontracting plan
effective during the offeror's fiscal year for all of the offeror's
commercial products, and which has goals based on the offeror's
production of both commercial and noncommercial products. This type of
plan may apply to the production of the offeror's entire company, or it
may be limited to a division or plant.
Individual contract plan means a subcontracting plan that applies to
a specific contract and that has goals which are based upon the
company's planned subcontracting and purchasing of supplies and services
in support of the performance of a specific contract, except that
indirect costs incurred for common or joint purposes may be allocated on
a prorated basis to the contract. Individual contract plans may
incorporate a master subcontracting plan.
Master subcontracting plan means a subcontracting plan which contains
all of the required elements except goals, and which may be incorporated
into an individual plan provided (a) the master plan has been approved
by a Government contracting officer, (b) the offeror provides a copy of
the approved master plan and evidence of its approval to the contracting
officer and (c) goals and any deviations from the master plan are
approved by the contracting officer. Master subcontracting plans are
useful for offerors who anticipate receiving many Government contracts
requiring individual subcontracting plans.
48 CFR 519.702 Statutory requirements.
(a) The Small Business Act treats contracts and modifications
separately, not cumulatively. Accordingly, if a subcontracting plan is
not required at the time of award because the value of the contract is
below the threshold, a subcontracting plan will not be required if a
subsequent modification increases the value of the contract to an amount
which exceeds the threshold, unless the value of the modification itself
exceeds $500,000 or $1 million for construction contracts.
(b) It is not necessary to obtain another subcontracting plan for a
modification exceeding $500,000 ($1 million for construction contracts)
if the contract already includes a subcontracting plan. Modifications
may be incorporated into an existing plan and, upon approval, the
original plan goals revised to include the new effort.
48 CFR 519.704 Subcontracting plan requirements.
(a) Subcontracting goals. (1) Positive subcontracting goals for
small and small disadvantaged business concerns are required to
establish a gauge for measuring results, and to provide an incentive for
continuing efforts to increase the dollar value of contracts placed with
small and small disadvantaged business concerns.
(2) Although there may be no known small or small disadvantaged
business concerns that furnish the products or services required by a
prospective contractor at the time a subcontracting plan is developed, a
zero goal is not acceptable. A contractor is expected to make
continuing efforts during the contract period to locate and identify
newly emerging small and small disadvantaged business concerns as
potential suppliers. Additionally, there may be subcontracting
opportunities in the area of indirect costs.
(3) Goals in individual plans for multiyear contracts or contracts
with options to extend the period of performance may be established for
a period less than the full term of the contract (including options)
when it is impractical to establish goals for the full term. However,
the plan must include a schedule for establishing goals for the balance
of the term of the contract and must establish separate goals for each
option (see FAR 19.704(c)).
(b) Types of plans. For commercial products and public utility
service contracts either a commercial products plan or an individual
contract plan must be submitted. Individual contract plans must be
submitted for all other contracts.
(c) Duration of plans -- (1) Individual plans. The plan must cover
the entire period of contract performance, including option periods (but
see (a)(3), of this section, for goals).
(2) Commercial products plans. A commercial products plan is
approved by the first Federal agency awarding a contract for commercial
products during the contractor's fiscal year, and is applicable to every
additional Federal contract for commercial products awarded to that
contractor during the contractor's same federal year. If the approved
plan is limited to a division or plant, it only applies to additional
contracts for commercial products of that particular division or plant.
The cutoff date for applying a previously approved commercial products
plan to additional Federal contracts is the end of the company's fiscal
year in which the plan was approved. If the contract extends beyond the
contractor's fiscal year, the GSA contracting officer responsible for
monitoring the existing plan, under 519.706-70 (c) and (d), must
request a new plan 30 days prior to the end of the contractor's fiscal
year.
(54 FR 26527, June 23, 1989, as amended at 54 FR 40060, Sept. 29,
1989; 56 FR 3044, Jan. 28, 1991; 56 FR 59220, Nov. 25, 1991)
519.705 Responsibilities of the contracting officer under the
subcontracting assistance program.
48 CFR 519.705-2 Determining the need for a subcontracting plan.
(a) Before making a determination under FAR 19.705-2 that no
subcontracting opportunities exist on a prospective contract, which
meets the dollar threshold, the contracting officer must submit the
determination to the SBTA for review and comments. The SBTA shall
contact the Director, Office of Small and Disadvantaged Business
Utilization (AU), and consider any comments or recommendations offered.
(b) The requirement for submission of a subcontracting plan by only
the apparent successful offeror (FAR 19.702(a)(1)) does not apply to
negotiated solicitations for prospectus level projects for construction,
repair and alteration or leases of real property. Except for lease
alterations (see 519.702), negotiated solicitations for prospectus level
projects for construction, repair and alteration or leases of real
property shall require submission of a subcontracting plan in the format
described in FAR 52.219-9 by all offerors that are not small business
concerns. The plan will be negotiated concurrently with the cost and
any required technical and management proposal. If an offeror fails to
submit the required subcontracting plan and/or fails to correct
deficiencies in the plan within the time period specified by the
contracting officer, the offeror will be ineligible for award.
(56 FR 64213, Dec. 9, 1991)
48 CFR 519.705-4 Reviewing the subcontracting plan.
(a) Early review of the subcontracting plan by the SBTA is usually
beneficial in expediting contract awards by eliminating last minute
disagreements between the contracting officer and SBTA over the content
or goals expressed in the subcontracting plan.
(1) In a negotiated acquisition, a copy of the subcontracting plan
must be provided to the SBTA as soon as practicable after review by the
contracting officer and before negotiating the plan. If the
solicitation required subcontracting plans from all offerors, the
contracting officer shall provide to the SBTA only the plans of firms in
the competitive range.
(2) When providing the plan to the SBTA, the contracting officer
shall establish a definite date (a minimum of 5 working days, unless a
shorter period is agreeable to the SBTA, from receipt by the SBTA) by
which the SBTA must submit comments. Oral comments may be accepted by
the contracting officer when time restraints do not permit the SBTA to
complete review on GSA Form 3584, Checklist for Review of Subcontracting
Plan.
(3) The plan may be submitted to the SBA/PCR for concurrent review.
(4) Comments by the SBTA and/or SBA/PCR must be considered by the
contracting officer in negotiating the plan and reasons for rejecting
recommendations documented on GSA Form 3584 before submission of the
plan to the SBTA and the SBA/PCR for final review. The contracting
officer may award the contract if the SBTA and SBA/PCR have not
completed their final review within 3 working days of the submission.
In the case of an unresolved disagreement received during that period,
the contracting officer must contact the Director, AU (see
519.705-5(a)).
(5) Except as provided in (a)(2), above, GSA Form 3584 must be used
by the procuring contracting officer (PCO) and SBTA when reviewing
subcontracting plans. Its use by the SBA/PCR when reviewing plans is
optional.
(b) In the goals section of the plan, small disadvantaged business
goals are to be included in small business goals and, also, stated
separately. If it is not clear from the plan that the offeror has done
this, the contracting officer shall request clarification and have the
offeror correct the goals, if necessary.
(c) The contracting officer shall question an offeror's proposed
subcontracting goals when it appears that the goals, viewed against the
criteria expressed at FAR 19.705-4(d), appear to offer less than the
maximum practical opportunities for small and small disadvantaged
subcontractors.
(d) The contracting officer's determination that an option offers no
subcontracting opportunities must be explained either on GSA Form 3584
or as an attachment thereto, before it is forwarded to the SBTA and the
SBA/PCR for review.
(e)(1) Before determining the responsibility of an offeror on a
contract requiring a subcontracting plan, the contracting officer shall
review the offeror's compliance with previous subcontracting plans, if
any, approved by the GSA contracting activity, including the
contractor's performance in submitting subcontracting reports in a
timely manner. The findings must be documented on the GSA Form 3584,
Checklist for Review of Subcontracting Plan, in the ''Remarks'' block or
on an attachment to the GSA Form 3584 before forwarding it to the SBTA
and the SBA/PCR for review.
(2) In addition to (e)(1) of this section, PBS contracting officers
must check the quarterly list of PBS contracts with plans provided by AU
and contact all other GSA contracting activities holding contracts with
the same contractor concerning compliance with the previous year's plan.
(3) When an offeror has consistently failed to submit SF 294 and SF
295 reports in a timely manner or has failed to make a good faith effort
to meet its subcontracting goals on previous contracts with plans, the
contracting officer shall include on the GSA Form 3584 in the
''Remarks'' block or in an attachment to the GSA Form 3584 the basis for
finding the offeror responsible including the steps the offeror proposes
to take that were not included in previous subcontracting plans to
ensure compliance with the subcontracting program requirements on the
proposed contract.
(54 FR 26527, June 23, 1989, as amended at 56 FR 3044, Jan. 28, 1991;
56 FR 26922, June 12, 1991; 56 FR 59220, Nov. 25, 1991; 56 FR 64214,
Dec. 9, 1991)
48 CFR 519.705-5 Awards involving subcontracting plans.
(a) In the event there is an unresolved disagreement with the SBTA
and/or SBA/PCR on a proposed subcontracting plan, the contracting
officer, prior to making an award, must contact the Director (AU) and
consider any comments or recommendations offered.
(b) When a contractor has a commercial products plan previously
approved by another GSA contracting activity or another Federal agency
for the company's fiscal year, the GSA contracting officer shall request
a copy of the plan and the agency approval document and include them in
the contract file. The plan must also be included in and made a part of
the resultant contract.
(c) When the contractor submits an individual contract plan, the
contracting officer shall transmit copies of Standard Form 294,
Subcontracting Report for Individual Contracts, and Standard Form 295,
Summary Subcontract Report, to the contractor at the time of contract
award. A letter substantially as follows must be used for this purpose.
Name
Address
City, State, Zip Code
Re: Subcontracting Plan Reports
Contract No. XXXXXXXXXX
Dear XXXXXXXXXX:
Your individual contract plan, submitted under the Small Business and
Small Disadvantaged Business Subcontracting Plan clause of your
contract, has been approved. The clause also requires you to submit
subcontracting reports on Standard Form (SF) 294, Subcontracting Report
for Individual Contracts, and Standard Form (SF) 295, Summary
Subcontract Report.
The SF 294 report is used to report subcontracting activity under
this contract. The report is due semiannually and must be submitted by
April 30 for the reporting period October 1-March 31 and October 30 for
the reporting period April 1-September 30. A separate report is
required at contract completion.
The SF 295 report is used to report total subcontracting activity
under all of your GSA contracts. The report shall be submitted annually
and cover the period October 1-September 30 (the Government fiscal
year). The report is due on or before October 30th of each year. A new
reporting cycle begins October 1st of each year.
Please note the requirement on the SF 295 to report your
subcontracting with women-owned small business concerns.
The SF 294 report must be submitted to: (address of contracting
office administering the contract), with a copy to: (address of SBTA).
Forward the SF 295 to the GSA Office of Small and Disadvantaged Business
Utilization, (AU), 18th and F Streets, NW., Washington, DC 20405.
Please send the SF 295 to the GSA Office of Small and Disadvantaged
Business Utilization (AU), 18th and F Streets, NW., Washington, DC
20405.
The SF 294 and SF 295 report forms are enclosed.
Sincerely,
Contracting Officer
Enclosures (SF 294 and SF 295)
(d) When the contractor submits a commercial products plan, the
contracting officer shall transmit copies of the Standard Form 295,
Summary Subcontract Report, to the contractor at the time of contract
award. (See 519.770-1(b)(2) for exception.) A letter substantially as
follows must be used for this purpose:
Name
Address
City, State, Zip Code
Re: Subcontracting Plan Reports
Contract No. XXXXXXXXXX
DearXXXXXXXXXX:
Your commercial products plan, submitted under the Small Business and
Small Disadvantaged Business Subcontracting Plan clause of your
contract, has been approved by (name, address, and telephone number of
approving official). The clause also requires you to submit
subcontracting reports on Standard Form (SF) 295, Summary Subcontract
Report.
The SF 295 is an annual report and is due on or before October 30th
of each year. The reporting period is October 1-September 30, i.e., the
Government fiscal year. The report should summarize subcontracting
activity under plans for commercial products in effect during the
reporting period.
Please note the requirement on the SF 295 to report your
subcontracting with women-owned small business concerns.
Forward this report to: (address of contracting office administering
the contract); and send a copy to the GSA Office of Small and
Disadvantaged Business Utilization (AU), 18th and F Streets, NW.,
Washington, DC 20405.
SF 295 report forms are enclosed.
Sincerely,
Contracting Officer
Enclosure (SF 295)
(54 FR 26527, June 23, 1989, as amended at 56 FR 3044, Jan. 28, 1991)
48 CFR 519.705-6 Postaward responsibilities of the contracting officer.
(a) In addition to the requirements of FAR 19.705-6, contracting
officers shall notify the SBTA of each contract award or contract
modification exceeding $500,000 ($1 million for construction) that
contains a subcontracting plan within 5 work days of award. The notice
of award must contain the following information:
(1) Contractor's name, address, phone number.
(2) Subcontracting plan administrator's name, address, phone number.
(3) Contract number.
(4) Place of performance.
(5) Dollar amount of contract award.
(6) Period of contract performance.
(7) Description of contract items.
(8) Contracting officer's name, address, phone number.
(9) Administrative contracting office address, phone number.
(10) Type of plan (individual or commercial products).
(b) The subcontracting plan checklist (GSA Form 3584) must be
submitted as the notice of award, except in the case of a contract
incorporating a previously approved commercial products plan. In this
case, notice of award as described in paragraph (a) of this section,
will be necessary as there will be no subcontracting plan checklist.
The SBTAs shall forward a copy of notices and checklists to AU on a
weekly basis and retain a file copy.
(c) AU will provide a report to Congress on subcontracting goals
established for each contract.
519.706 Responsibilities of the cognizant administrative contracting
officer.
48 CFR 519.706-70 Monitoring contractor compliance with subcontracting
plans.
(a) The contracting officer administering contracts with
subcontracting plans shall monitor receipt of SF 294 reports for
individual contract plans or SF 295 reports for company-wide plans and
review the reports for progress in meeting subcontracting plan goals by
comparing the reports with the plan. If percentage goals are not met,
the contractor must be required to explain the shortfall in the
''Remarks'' block on the subcontracting reports and may be required to
submit evidence of its outreach efforts to locate and provide
subcontracting opportunities to small business and small disadvantaged
business concerns. The requirement for compliance with plans may be
fulfilled by evidence of satisfactory outreach efforts, as described in
the plan, as well as by meeting plan goals. The contracting officer
responsible for monitoring receipt of the reports shall also obtain
delinquent SF 295 reports from contractors for both individual and
company-wide plans upon request from AU.
(b) After completion of contracts with individual contract plans,
SBTA's shall forward a copy of the final SF 294 reports to AU within 20
days after the end of each quarter. If the contractors are delinquent
in submitting the reports, the SBTA's shall request the contracting
officers administering the contracts with the plans to obtain the
reports and send them a copy.
(c) In the case of commercial products plans approved by GSA, the
first contracting officer who enters into a contract with a company
during the company's fiscal year approves the plan and monitors receipt
of reports and compliance with the plan. This responsibility is
generally assigned to the ACO if contract administration is delegated.
Subsequent GSA contracts awarded during the company's same fiscal year
and incorporating the previously approved plan will not require
submission of subcontracting reports.
(d) In the case of commercial products plans approved by another
agency, the first GSA contracting officer entering into a contract with
the company during the company's same fiscal year in which the plan was
approved requires the contractor to submit the SF 295 report and
monitors receipt of the report. No other monitoring of this plan is
required by GSA.
(e) Before determining that a contractor's failure to achieve the
subcontracting goals was occasioned by bad faith, the contracting
officer shall analyze the explanations required by paragraph (b) above
or provided pursuant to FAR 19.706.
(f)(1) Contractors who fail to submit SF 294 and SF 295 reports
within 10 days of the due date must be reminded in writing that the
report is past due.
(2) Contractors who do not respond to the first notice must be issued
a second written notice by certified mail which must contain the
following information:
(i) A statement that the named report has not been received.
(ii) A statement that failure to submit the report is a material
breach of the contract (see FAR 52.219-9, Small Business and Small
Disadvantaged Business Subcontracting Plan).
(iii) A statement that if the report is not received within 10 days
from the date of the notice, the contracting officer will consider
withholding payments as deemed appropriate under the circumstances until
the report is relieved and may terminate the contact for default. This
statement does not apply to leases of real property, unless the terms of
the lease expressly provide for the withholding of payment or
termination under this circumstance.
(iv) The contractor is also to be reminded that failure to submit the
report may affect its ability to receive future awards from GSA (see FAR
9.104-3(c)) and that willful failure to perform or a history of failure
to perform may result in debarment from future contracting with the
Government for a period of time (see FAR 9.406-2(b)).
(v) The notice must also contain the address of the contracting
officer or administrative contracting officer to whom the report must be
sent and instructions that a copy of the report must be sent to AU, if
it is a SF 295 report, and to the appropriate SBTA, if it is a SF 294
report.
(3) Copies of delinquency notices concerning SF 295 or SF 294 reports
must be sent to AU or the appropriate SBTA, respectively.
(g) In all cases of non-compliance, (including instances where
liquidated damages are assessed) the contracting officer shall notify AU
through the SBTA.
(56 FR 3045, Jan. 28, 1991, as amended at 56 FR 26922, June 12, 1991;
56 FR 64214, Dec. 9, 1991)
48 CFR 519.708 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert the provision at 552.219-72,
Notice to Offerors of Subcontracting Plan Requirements, on the cover
page of the solicitation if the contract amount is expected to exceed
$500,000 ($1 million for construction) except for:
(1) Leases of real property,
(2) Negotiated prospectus level solicitations for construction or
repair and alteration,
(3) Acquisitions set aside for small business,
(4) Solicitations for personal services, and
(5) Solicitations for work to be performed outside any state,
territory, or possession of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico. This provision must not be used
when the provision at 552.219-73, Preparation and Submission of
Subcontracting Plans, prescribed in (b), below, is included in the
solicitation.
(b) The contracting officer shall insert the provision at 552.219-73,
Preparation and Submission of Subcontracting Plans, in negotiated
solicitations for prospectus level projects for construction, repair and
alteration or leases of real property.
(56 FR 64214, Dec. 9, 1991, as amended at 57 FR 37890, Aug. 21, 1992)
48 CFR 519.770 Reporting requirements under subcontracting assistance program.
48 CFR 519.770-1 Report forms.
(a) Standard Form 294, Subcontracting Report for Individual
Contracts. This report is required for reporting subcontracting
activity under contracts with individual contract plans. A separate
report must be made on this form for each contract with an individual
contract plan. This report is not required for commercial products
plans.
(1) Contractors shall submit the SF 294 report to the contracting
office administering the contract and a copy to the SBTA.
(2) Reports are due semiannually (within 30 days after March 31st and
September 30th) and at contract completion.
(b) Standard Form 295, Summary Subcontract Report. This form is
required for reporting subcontracting activity under both individual
contract plans and commercial products plans.
(1) Individual contract plans. (i) Contractors shall submit the SF
295 reports to AU.
(ii) The reports are annual and should cover the period October 1 --
September 30 (Government fiscal year). They are due on or before
October 30th of each year.
(iii) The reports should include the total subcontracting activity
under all GSA contracts held by the contractor, excluding contracts
covered by commercial products plan.
(2) Commercial products plans. (i) Contractors shall submit the SF
295 reports to the contracting office administering the contract and a
copy to AU.
Note: This instruction applies only for the first GSA contract
covered by a commercial products plan awarded during the contractor's
fiscal year. Contractors are not required to submit SF 295 reports for
subsequent contracts awarded during their current fiscal year and
covered by the same commercial products plan.
(ii) Reports are due annually, on or before October 30th of each
year. The reports should cover the contractor's subcontracting activity
under company-wide plan for commercial products in effect during the
reporting period, which is October 1st to September 30th (Government
fiscal year).
(54 FR 26527, June 23, 1989, as amended at 56 FR 3045, Jan. 28, 1991)
48 CFR 519.770-3 Reporting on contractual actions under section 211 of
Pub. L. 95-507.
(a) Contracting office reporting requirements. A quarterly report of
the number and dollar value of contracts awarded and modification
requiring a plan (see 519.702) in excess of $500,000 ($1 million for
construction) requiring subcontracting plans or a written determination
that no subcontracting opportunities exist, must be prepared by
contracting offices and submitted to the SBTA by the 10th calendar day
after the end of the quarter. Report Control Symbol ADM 64 is assigned
to this report. Negative reports are required. The SBTA will forward
the reports to AU by the 20th calendar day following the end of the
quarter.
(b) Report format. The following format is prescribed for the
quarterly report.
REPORTING OFFICEXXXXXXXXXXXX
Quarter beginningXXXXXXXXXXXX
endingXXXXXXXXXXXX
Note: Do not include Contracts with Small Business Concerns.
(End of format)
48 CFR 519.770-3 Subpart 519.8 -- Contracting With the Small Business Administration (The 8(a) Program)
48 CFR 519.803 Selecting acquisitions for the 8(a) program.
48 CFR 519.803-70 Contracting Officer evaluation of recommendations for
8(a) set-aside(s).
If the Director of Small and Disadvantaged Business Utilization (AU)
or the SBTA recommends that a procurement be set-aside for award under
the 8(a) program and the contracting officer disagrees, the contracting
officer shall discuss the matter with the official that made the
recommendation before making a final decision. If the contracting
officer decides not to award the contract under the 8(a) program as
recommended, the reasons for the decision must be documented for the
record as required by FAR 19.202 and a copy of the documentation must be
forwarded to AU within 10 working days of the contracting officer's
decision.
(56 FR 26769, June 11, 1991)
48 CFR 519.803-70 PART 520 -- LABOR SURPLUS AREA CONCERNS -- (RESERVED)
48 CFR 519.803-70 PART 521 -- (RESERVED)
48 CFR 519.803-70 Pt. 522
48 CFR 519.803-70 PART 522 -- APPLICATION OF LABOR LAWS TO GOVERNMENT
ACQUISITIONS
Sec.
522.000 Scope of part.
522.001 Definition.
48 CFR 519.803-70 Subpart 522.1 -- Basic Labor Policies
522.101 Labor relations.
522.101-1 General.
522.101-3 Reporting labor disputes.
522.103 Overtime.
522.103-4 Approvals.
522.103-5Contract clause.
48 CFR 519.803-70 Subpart 522.3 -- Contract Work Hours and Safety
Standards Act
522.302 Liquidated damages and overtime pay.
48 CFR 519.803-70 Subpart 522.4 -- Labor Standards for Contracts
Involving Construction
522.404 Davis-Bacon Act wage determination.
522.404-6 Modification of wage determinations.
522.406 Administration and enforcement.
522.406-1 Policy.
522.406-6 Payrolls and statements.
522.406-7 Compliance checking.
522.406-8 Investigations.
522.406-9 Withholding from or suspension of contract payments.
522.406-11 Contract terminations.
522.406-13 Semiannual enforcement reports.
522.407 Contract clauses.
522.470 Forms.
48 CFR 519.803-70 Subpart 522.6 -- Walsh-Healy Public Contracts Act
522.608 Procedures.
522.608-2 Determination of eligibility.
522.608-3 Protests against eligibility.
522.608-4 Award pending final determination.
522.608-6 Postaward.
48 CFR 519.803-70 Subpart 522.8 -- Equal Employment Opportunity
522.803 Responsibilities.
522.804 Affirmative action programs.
522.804-1 Nonconstruction.
522.804-70 Reports and other required information.
522.804-71 Furnishing information to contractors.
522.805 Procedures.
522.807 Exemptions.
48 CFR 519.803-70 Subpart 522.10 -- Service Contract Act of 1965
522.1003 Applicability.
522.1003-3 Statutory exemptions.
522.1003-4 Administrative limitations, variations, tolerances, and
exemptions.
522.1003-7 Questions concerning applicability of the Act.
522.1005 Clause for contracts of $2,500 or less.
522.1006 Clauses for contracts over $2,500.
522.1011 Response to notice by Department of Labor.
522.1011-2 Requests for status or expediting of response.
522.1013 Review of wage determination.
522.1014 Delay of acquisition dates over 60 days.
522.1021 Substantial variance hearings.
48 CFR 519.803-70 Subpart 522.13 -- Special Disabled and Vietnam Era
Veterans
522.1303 Waivers.
522.1306 Complaint procedures.
48 CFR 519.803-70 Subpart 522.14 -- Employment of the Handicapped
522.1403 Waivers.
522.1406 Complaint procedures.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 26532, June 23, 1989, unless otherwise noted.
48 CFR 522.000 Scope of part.
This part provides agency policies regarding contractor labor
relations as they relate to the acquisition process; procedures for
implementing requirements for FAR part 22; and it also precribes
contract clauses for use in certain contracts.
(57 FR 7555, Mar. 3, 1992)
48 CFR 522.001 Definition.
Agency labor advisor as used in this part means the Director of the
Office of GSA Acquisition Policy.
(57 FR 7555, Mar. 3, 1992)
48 CFR 522.001 Subpart 522.1 -- Basic Labor Policies
48 CFR 522.101 Labor relations.
48 CFR 522.101-1 General.
(a) In conjunction with the Office of General Counsel (OIG), the
agency labor advisor:
(1) Serves as the focal point on matters that relate to contractor
labor relations;
(2) Is responsible for initiating contact on labor relations matters
with national offices of labor organizations, Government departments,
agencies or other governmental organizations;
(3) Serves as a clearinghouse for information on labor laws
applicable to Government acquisitions; and
(4) Responds to questions involving FAR part 22, GSAR part 522 or
other contractor labor relations matters that arise in connection with
GSA acquisition programs. OGC is responsible for determining the
agency's legal position with respect to these matters.
(b) GSA personnel in discharge of their duties and consistent with
FAR 22.101-1(b), shall refrain from involvement in or expressing a
position on, labor negotiations between contractors and unions or on the
merits of any dispute between labor and a contractor's management.
(57 FR 7556, Mar. 3, 1992)
48 CFR 522.101-3 Reporting labor disputes.
Reports required by FAR 22.101-3 must be submitted to the agency
labor advisor.
(57 FR 7556, Mar. 3, 1992)
48 CFR 522.103 Overtime.
48 CFR 522.103-4 Approvals.
The head of the program office is the agency official responsible for
approving overtime under FAR 22.103-4(a).
48 CFR 522.103-5 Contract clause.
The contracting officer shall include the clause at FAR 52.222-1,
Notice to the Government of Labor Disputes, in solicitations and
contracts for items on the DoD Master Urgency List.
(57 FR 7556, Mar. 3, 1992)
48 CFR 522.103-5 Subpart 522.3 -- Contract Work Hours and Safety Standards Act
48 CFR 522.302 Liquidated damages and overtime pay.
(a) The Administrator has designated the Heads of Central Office
Services to make determinations under FAR 22.302(c).
(b) Upon a final administrative determination regarding the
assessment of liquidated damages, the contracting officer notifies the
appropriate Finance Office of the decision and provides necessary
instructions regarding the disposition of funds withheld or the
collection of funds. If funds were withheld from contract payments to
satisfy the claim for liquidated damages pending a final administrative
determination, the appropriate Finance Office shall be instructed to
immediately release any funds in excess of the amount specified in the
final administrative determination to the contractor. If funds were not
withheld or if the amount of liquidated damages assessed exceeds that
amount withheld for liquidated damages, the contracting officer
initiates collection action by withholding funds from payments due on
the instant contract or by issuing a demand for payment. When the
contractor has other Government contracts the demand letter should
indicate the Government's intent to offset if payment is not made. The
contracting officer will provide the appropriate Finance Office with a
copy of the demand for payment and request that the Finance Office
initiate collection action under 41 CFR Part 105-55, Collection of
Claims Owed the United States, if payment is not made in accordance with
the demand letter.
48 CFR 522.302 Subpart 522.4 -- Labor Standards for Contracts Involving
Construction
522.404 Davis-Bacon Act wage determinations.
48 CFR 522.404-6 Modifications of wage determinations.
Contracting directors may request extensions of the 90-day period for
application of a general wage determination. See FAR 22.404-6(b)(6).
48 CFR 522.406 Administration and enforcement.
48 CFR 522.406-1 Policy.
The GSA Form 618-A, Transmittal of Contract Award, may be used to
inform contractors of their obligations under the labor standards
clauses of the contract.
48 CFR 522.406-6 Payrolls and statements.
Prime contractors and subcontractors who personally perform work are
required to submit, instead of weekly payrolls and statements of
compliance with respect to payment of wages, a statement clearly showing
their contractual relationship, the scope and dates of work performed,
that they received no wages, and that no mechanics or laborers were
employed in the prosecution of the work. GSA Form 618-D, Statement to
be Submitted When Work is Performed Personally, should be used to
furnish this information.
48 CFR 522.406-7 Compliance checking.
Compliance checks must be made as frequently as necessary and before
final payment is made. Compliance checking is essential to the success
of the labor standards enforcement program.
48 CFR 522.406-8 Investigations.
(a) When compliance checks indicate such action is warranted, the
contracting officer shall request the Regional Inspector General for
Investigations to conduct an investigation of a contractor's compliance
with the labor standards requirements.
(b) The contracting director shall review and process the contracting
officer's report under FAR 22.406-8(d).
48 CFR 522.406-9 Withholding from or suspension of contract payments.
Upon final administrative determination regarding the assessment of
liquidated damages, the contracting officer shall follow the procedures
in 522.302(b).
48 CFR 522.406-11 Contract terminations.
Contracting officers shall submit reports required under FAR
22.406-11.
48 CFR 522.406-13 Semiannual enforcement reports.
Contracting activities shall submit semiannual enforcement reports to
the agency labor advisor (See 522.001) for consolidation and submission
to the Department of Labor. The reports should be submitted within 15
calendar days after the end of the reporting period.
(57 FR 7556, Mar. 3, 1992)
48 CFR 522.407 Contract clauses.
In construction contracts with state or political subdivisions, the
contracting officer shall insert the clause at 552.222-82, Preface for
Labor Standards -- State or Political Subdivision Contracts, as a
preface to the clauses prescribed in FAR 22.407(a).
48 CFR 522.470 Forms.
GSA Form 3505, Labor Standards (Construction Contract), is for use in
contracts subject to the Davis-Bacon and related Acts. The clauses on
this form must be included in solicitations/contracts in full text, and
may not be incorporated by reference.
48 CFR 522.470 Subpart 522.6 -- Walsh-Healey Public Contracts Act
48 CFR 522.608 Procedures.
48 CFR 522.608-2 Determination of eligibility.
The contracting officer shall forward ineligibility determinations
under FAR 22.608-2(f)(1)(ii) through the contracting director.
48 CFR 522.608-3 Protests against eligibility.
The contracting officer shall forward determinations under FAR
22.608-3(b) through the contracting director.
48 CFR 522.608-4 Award pending final determination.
The certification required by FAR 22.608-4(b)(1) must be approved by
the HCA.