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CHAPTER 3–Department of Health, Education, and Welfare 3-1 CHAPTER 4-Department of Agriculture ...

4-1 CHAPTER 5A-Federal Supply Service, General Services Administration .......

5A-1 CHAPTER 5B-Public Buildings Service, General Services Administration.......

5B-1 CHAPTER 6-Department of State


CROSS REFERENCES: Armed Services Procurement Regulations, 32 CFR, Chapter I, Subchapter A.

Army Procurement Procedure, 32 CFR, Chapter V, Subchapter G.

Department of the Navy procurement, property, patents, and contracts, 32 CFR, Chapter VI, Subchapter D.

Air Force Procurement Regulations, 32 CFR, Chapter VII, Subchapter W.



3-1 General..............
3-2 Procurement by formal advertising
3-3 Procurement by negotiation...
3-4 Special types and methods of procurement
3-5 Special and directed sources of supply .....
3-6 Foreign purchases .......
3-7 Contract clauses...............
3-8 Termination of contracts .....
3-11 Federal, State, and local taxes.

3-16 Procurement forms ...........
3-26 Contract modifications.
3-30 Contract financing ..........
3-50 Administrative matters
3-55 Services contracts ......
3-56 Government property....
3-75 Delegations of authority.

Appendix A-[Reserved)
Appendix B-[Reserved]
Appendix C-Single letter of credit recipients and cen-
tral point addresses.


4 39 43 86 142 143 147 154 154 158 159 226 227 228 241 243 263



Sec. 3-1.000 Scope of Part.

Sec. 3-1.451 (Reserved) 3-1.452 Responsibility of other Govern

ment personnel. 3-1.452-1 General. 3-1.452-2 Planning for procurement. 3-1.452-3 Precontract support. 3-1.452-4 Postaward contract administra


Subpart 3-1.1-Regulation System 3-1.101 Scope of subpart. 3-1.102 Purpose. 3-1.103 Authority. 3-1.104 Applicability. 3-1.105 Exclusions. 3-1.106 Issuance. 3-1.107 Arrangement. 3-1.107-1 General plan. 3-1.107-2 Numbering. 3-1.107-3 Citation. 3-1.108 Implementation. 3-1.109 Deviation. 3-1.109-1 Description. 3-1.109-2 Procedure. 3-1.150 Revision.

Subpart 3-1.6—Debarrod, Suspended, and

Inoligible Bidders 3-1.600 Scope of subpart. 3-1.602 Establishment, maintenance and

distribution of a list of concerns or indi. viduals debarred, suspended, or declared

ineligible (Debarred Bidders List). 3-1.602-1 Bases for entry on the HEW de

barred, suspended, and ineligible list. 3-1.603 Treatment to be accorded firms or

individuals in debarred, suspended, or

ineligible status. 3-1.604 Causes and conditions applicable to

determination of debarment. 3-1.604-1 Procedural requirements relating

to the imposition of debarment. 3-1.605 Suspension of bidders. 3-1.605-1 Causes and conditions under

which HEW may suspend contractors. 3-1.605-4 Notice of suspension. 3-1.606 Departmental procedure.

Subpart 3-1.3—General Policies 3-1.302 Procurement sources. 3-1.302-1 General. 3-1.313 Records of contract actions. 3-1.313-50 General. 3-1.318 Contracting officer's decision

under a disputes clause. 3-1.318-50 Decision preparation, processing

and modification or withdrawal. 3-1.318-51 Disputes appeals. 3-1.318-52 Preparation and processing of

appeal files. 3-1.350 Procurement involving bulk mail.

ing. 3-1.352 Drug products-effectiveness. 3-1.352-1 General. 3-1.352-2 Definitions. 3-1.352-3 Policy. 3-1.352-4 Distribution of information. 3-1.352-5 Procedure. 3-1.353 Treatment of technical data in con

tract proposals. 3-1.354 Contracts conditioned upon avail

ability of funds. 3-1.355 Federal Reports Act of 1942.

Subpart 3-1.7—Small Business Concerns 3-1.704 Agency program direction and op

eration. 3-1.704-1 HEW headquarters. 3-1.704-2 Other procuring activities. 3-1.704-3 Small business specialists. 3-1.704-4 Principal procurement officer. 3-1.705 Cooperation with the Small Busi

ness Administration. 3-1.705-1 General. 3-1.706 Procurement set-asides for small

business. 3-1.706-2 Review of SBA set-aside propos

als. 3-1.706-3 Withdrawal or modification of

set-asides. 3-1.706-50 Small business class set-aside

for construction, repair, and alteration

work. 3-1.708 Certificate of competency program. 3-1.708-1 General. 3-1.708-2 Applicability and procedure. 3-1.708-3 Conclusiveness of certificate of

competency. 3-1.713 Contracts with the Small Business

Administration. 3-1.713-1 Authority. 3-1.713-2 Policy. 3-1.713-3 Procurement of supplies, serv

ices, and research and development. 3-1.713-50 Reporting requirements. 3-1.750 Business opportunity conferences.

Subpart 3-1.4—Procurement Responsibility and

Authority 3-1.401 Responsibility of the head of the

procuring activity. 3-1.403 Requirements to be met before en

tering into contracts. 3-1.404 Selection, designation, and termi.

nation of designation of contracting offi

cers. 3-1.404-1 Selection. 3-1.404-2 Designation. 3-1.404-3 Termination of designation. 3-1.405 Ratification of unauthorized con

tract awards. 3-1.405-50 Ratification procedure.


ments and supplements the Federal 3-1.752 Contracts with minority business Procurement Regulations (FPR), and firms.

contains policies and procedures which 3-1.752-1 General.

implement and supplement Part 1-1 of 3-1.752-2 Authority.

the FPR. 3-1.752-3 Policy. 3-1.752-4 Procedures.

(36 FR 22980, Dec. 2, 1971) 3-1.752-5 Reporting requirements. Subpart 3-1.12–Responsible Prospective

Subpart 3-1.1-Regulation System Contractors

SOURCE: 36 FR 22980, Dec. 2, 1971, unless 3-1.1200 Scope of subpart.

otherwise noted. 3-1.1203 Minimum standards for responsible prospective contractors.

§ 3-1.101 Scope of subpart. 3-1.1203-2 Additional standards. 3-1.1204 Determination of responsibility or

This subpart sets forth introductory nonresponsibility.

information pertaining to the HEW 3-1.1204-1 Requirement.

Procurement Regulations (herein re

ferred to as HEV/PR), explains their Subpart 3-1.16-Reports of Identical Bids

purpose, authority under which they 3-1.1603 Reporting requirements.

are issued, their relationship to the 3-1.1603-3 Submission of reports.

FPR System, applicability, method of

issuance, exclusions, and arrangement. Subpart 3-1.52—Safety and Health It also provides procedures for imple3-1.5200 Scope of subpart.

menting and supplementing the FPR 3-1.5201 General.

and the HEWPR, and sets forth devi. 3-1.5202 Definition.

ation procedures. 3-1.5203 Policy. 3-1.5204 Actions required.

§ 3-1.102 Purpose. 3-1.5205 Contract clause.

The HEWPR are issued to establish Subpart 3-1.53—Considerations in Selecting

uniform policies and procedures which Award Instrument-Contract or Grant

conform with the Federal Procure

ment Regulations System. The objec3-1.5301 General.

tives of the Federal Procurement Reg3-1.5302 Applicability.

ulations System are: To provide great3-1.5303 Selection criteria. 3-1.5303-1 Basic selection criteria.

er uniformity in Government procure3-1.5303-2 Secondary selection criteria.

ment policies and procedures applica3-1.5304 Mandatory use of contracts.

ble to the procurement of personal

property and nonpersonal services (inSubpart 3-1.54—Options

cluding construction); to providc for

codification and publication of policies 3-1.5400 Scope of subpart. 3-1.5401 Definition of options.

and procedures; and to make the poli3-1.5402 Applicability.

cies and procedures readily available 3-1.5403 Procedures.

to procurement officials, and to the 3-1.5404 Exercise of options.

public, as applicable. 3-1.5405 Examples of option articles for fixed-price type contracts.

§ 3-1.103 Authority. 3-1.5406 Examples of option articles for cost-reimbursement contracts.

The HEWPR are prescribed by the

Assistant Secretary for Administration AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

and Management under authority 5 SOURCE: 34 FR 5159, Mar. 13, 1969, unless U.S.C. 301 and section 205(c), Federal otherwise noted.

Property and Administrative Services

Act of 1949 as amended (40 U.S.C. § 3-1.000 Scope of Part.

486(c)), delegated by the Secretary. All This Part sets forth introductory in- material for issuance at the Departformation concerning the HEW Pro- ment level is the responsibility of, and curement Regulations, describes the published by, the Director of Procuremethods by which the Department of ment and Materiel Management, OSHealth, Education, and Welfare imple. OASAM. Original approved and signed

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