Subpart 4-1.50—Claims Against Contractors Sec.

4-1.5001 Time for filing complaints. 4-1.5002 Prompt reply to inquiries.

AUTHORITY: The provisions of this Part 4-1 Issued under 5 U.S.C. 301, 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 4-1 appear at 29 FR 14264, Oct. 16, 1964, unless otherwise noted.

§ 4-1.000 Scope of part.

This part describes the methods by which the Department of Agriculture implements and supplements the Federal Procurement Regulations, and contains procedures which implement and supplement Part 1-1 of the Federal Procurement Regulations (FPR).

Subpart 4-1.0-Regulation System SOURCE: The provisions of this Subpart 4-1.0 appear at 35 F.R. 14929, Sept. 25, 1970, unless otherwise noted.

§ 4-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Department of Agriculture Procurement Regulations (AGPR).

[41 FR 26009, June 24, 1976]

This subpart establishes chapter 4 of the Federal Procurement Regulations System, and describes the relationship of chapter 4 to the FPR.

§ 4-1.003 Authority.

AGPR are issued under 5 U.S.C. 301 and 40 U.S.C. 486(c), or under other authority specifically cited.

§ 4-1.004 Applicability.

§ 4-1.004-2 Of Federal Procurement Regulations.

Procurement by the Department of Agriculture is subject to the FPR (chapter 1 of this title) except as may be otherwise authorized by law.

§ 4-1.004-3 Of Agriculture Procurement Regulations.

AGPR are prescribed for application to procurement of administrative and operating supplies, equipment, and services, for consumption or use by the Department in carrying out its programs. Certain program functions of the Department are, by reason of special law, exempt from pertinent parts of these regulations; however, they shall be ap

§ 4-1.006-1 Code arrangement.

AGPR are issued in the Code of Federal Regulations as Chapter 4 of Title 41, Public Contracts and Property Management, implementing and supplementing Chapter 1, which constitutes the FPR. § 4-1.006-2 Publication.

(a) AGPR are published in looseleaf form for distribution within the Department. Requests to be placed on the distribution list, or for extra copies, should be addressed to the Director, Office of Operations.

(b) Those parts of AGPR which are deemed necessary for business concerns, and others properly interested, to understand basic and significant Department procurement regulations which implement, supplement, or deviate from the FPR are published (in Title 41) in the FEDERAL REGISTER. Detailed instructions of interest primarily for internal agency guidance are not so published.

[35 FR 14929, Sept. 25, 1970, as amended at 40 FR 6973, Feb. 18, 1975]

§ 4-1.006-3 Copies.

Copies of AGPR in FEDERAL REGISTER and Code of Federal Regulations form may be purchased by the public, at nominal cost, from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

tracts in excess of $25,000 and by §§ 13.212, 1-3.213, 1–6.103-3, and 1-6.1004 of this title, shall be made by the Assistant Secretary for Health and Scientific Affairs (when health programs are involved), the Assistant Secretary for Education (when education programs are involved), and the Assistant Secretary for Administration and Management (where other programs are involved). Such determinations and findings shall be prepared and submitted as prescribed in Subpart 3-3.3 of Part 3-3 of this chapter.

(b) Determinations with respect to the application of the provisions of 10 U.S.C. 2353 (b) (3) and 10 U.S.C. 2354 shall be made by the Assistant Secretary for Health and Scientific Affairs. Such determinations and findings shall be prepared and submitted as prescribed in Subpart 3-3.3 of Part 3-3 of this chapter.

(c) Determinations and findings required by § 1-3.302 (d) of this title for advance payments shall be made by the Director of Procurement and Materiel Management. Such determinations and findings shall be prepared in accordance with Subpart 1-30.4 of Part 1-30 of this title and Subpart 3-30.4 or Part 3-3 of this chapter. (Also see § 3-3.306 of this chapter.)

(d) All other required determinations and findings shall be made by the head of the procuring activity or his designee(s) subject to and in accordance with Subpart 3-3.3 of Part 3-3 of this chapter.

§ 3-75.104-2 Fixed fee.

Proposed fees under cost-plus-a-fixedfee contracts which exceed the following shall be approved only by the head of the procuring activity or his designee. A designee for making these determinations must be at least one organizational level above the contracting officer:

(a) Ten percent of the estimated cost, exclusive of fee, of any cost-plus-afixed-fee contract for experimental, developmental, or research work.

(b) Seven percent of the estimated cost, exclusive of fee, of any other costplus-a-fixed-fee contract.

[38 FR 2214, Jan. 28, 1978]

§ 3-75.104-3 Review and approval of

contracts.

Preaward contract reviews shall be conducted by those officials designated in § 3-50.101 of this chapter.

[38 FR 2214, Jan. 23, 1973]

§ 3-75.104-4 Mistakes in bids.

(a) Authority is delegated to the Director of Procurement and Materiel Management, OASAM, to make the determinations specified in §§ 1-2.406-3 and 1-2.406-4 of this title in connection with mistakes in bids.

(b) This delegation of authority cannot be redelegated.

(c) Each proposed determination shall be approved by the Assistant General Counsel, Division of Business and Administrative Law, Office of General Counsel.

§ 3-75.104-5

Establishment of departmental procurement policy.

The Director of Procurement and Materiel Management, OASAM, shall establish procurement policy and publish procurement regulations in conformance with: (a) title III, Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251, et seq.); (b) implementing regulations of the Administrator, General Services Administration; (c) other applicable laws and Executive orders. This authority shall not be redelegated.

§ 3-75.105 Special and limited delegations.

[37 FR 1041, Jan. 22, 1972]

§ 3-75.105-1 Issuance of U.S. Government bills of lading for transportation of household goods.

When a member of the Public Health Service Commissioned Corps is authorized travel at Government expense, including the shipment of household goods, and it is determined by Commissioned Personnel Operations Division, Office of Personnel and Training, that the shipment cannot be arranged by a designated household goods shipping officer, such member is delegated authority to issue and sign as "Issuing Officer," Government bill(s) of lading to accomplish such shipment. The Government bill(s) of lading will be prepared in accordance with instructions provided with personnel orders.

[37 FR 1041, Jan. 22, 1972]

Subpart 3-75.2-[Reserved]

Subpart 3-75.3-Publication of Advertisements, Notices, or Proposals SOURCE: 35 FR 16924, Nov. 3, 1970, unless otherwise noted.

§3-75.300 Scope of subpart.

This subpart authorizes heads of the procuring activity designated in § 375.101 to publish advertising, notices, and contract proposals in newspapers and periodicals.

§ 3-75.301 Authority delegated.

Heads of the procuring activity designated in § 3-75.101 are authorized hereby to publish advertisements, notices, and contract proposals in newspapers and periodicals in accordance with the requirements and conditions stipulated in 44 U.S.C., 321, 322, and 324; title 7, chapter 5, section 25.2, General Accounting Office Policy and Procedure Manual for Guidance of Federal agencies and Subpart 3-4.51.

[37 FR 15862, Aug. 5, 1972]

§ 3-75.302 Redelegation.

Heads of the procuring activity may redelegate the authority conferred by § 3-75.301.

Subpart 3-75.4-Alcohol and

Controlled Substances

SOURCE: 39 FR 2214, Jan. 23, 1973, unless otherwise noted.

§ 3-75.400 Scope of subpart.

This subpart authorizes heads of certain procuring activities to sign applications to procure alcohol and to appoint individuals to order controlled substances as defined by the Bureau of Narcotics and Dangerous Drugs (see Title 21 CFR). § 3-75.401 Authority delegated.

The following officials are authorized to sign applications to procure tax-free specially denatured alcohol and to appoint accredited officials to order controlled substances, in accordance with laws and regulations of the Treasury Department, the Department of Justice, and the requirements and conditions of Subpart 3-5.56 of this chapter:

(a) Administrator, Health Services and Mental Health Administration;

(b) Director, National Institutes of Health;

(c) Commissioner of Food and Drugs; and

(d) Director of Procurement and Materiel Management, OASAM.

cials whose functions require the procurement of alcohol or narcotics. [35 FR 16924, Nov. 3, 1970]

Subpart 3-75.5-Establishment of Blood Donation Compensation Rates SOURCE: 37 FR 15862, Aug. 5, 1972, unless otherwise noted.

§ 3-75.500 Scope of subpart.

This subpart authorizes the Administrator, Health Services and Mental Health Administration, to establish compensation rates for blood donations for the Department.

§ 3-75.501 Authority delegated.

The authority to establish compensation rates for blood donations under the Act of February 9, 1927, 44 Stat. 1066, as amended (24 U.S.C. 30) is delegated to the Administrator, Health Services and Mental Health Administration.

§ 3-75.502 Redelegation.

The authority delegated by § 3-75.501 may be redelegated as deemed appropriate.

Appendix A [Reserved]

Appendix B-Contracting Office

Identification Codes