§ 3-1.000 Scope of part.

This part sets forth introductory information concerning the HEW Procurement Regulations, describes the methods by which the Department of Health, Education, and Welfare implements and supplements the Federal Procurement Regulations (FPR), and contains policles and procedures which implement and supplement Part 1-1 of the FPR. [36 F.R. 22980, Dec. 2, 1971]

Subpart 3-1.1-Regulation System

SOURCE: The provisions of this Subpart 3– 1.1 appear at 36 F.R. 22980, Dec. 2, 1971, unless otherwise noted.

§ 3-1.101 Scope of subpart.

This subpart sets forth introductory information pertaining to the HEW Procurement Regulations (herein referred to as HEWPR), explains their purpose, authority under which they are issued, their relationship to the FPR System, applicability, method of issuance, exclusions, and arrangement. It also provides procedures for implementing and supplementing the FPR and the HEWPR, and sets forth deviation procedures.

The HEWPR are issued to establish uniform policies and procedures which conform with the Federal Procurement Regulations System. The objectives of the Federal Procurement Regulations System are: To provide greater uniformity in Government procurement policies and procedures applicable to the procurement of personal property and nonpersonal services (including construction); to provide for codification and publication of policies and procedures; and to make the policies and procedures readily available to procurement officials, and to the public, as applicable.

§ 3-1.103 Authority.

The HEWPR are prescribed by the Assistant Secretary for Administration and Management under authority 5 U.S.C. 301 and section 205(c), Federal Property and Administrative Services Act of 1949 as amended (40 U.S.C. 486(c)), delegated by the Secretary. All material for issuance at the Department level is the responsibility of, and published by, the Director of Procurement and Materiel Management, OS-OASAM. Original approved and signed manuscripts are retained and filed in the Director's office.

§ 3-1.104 Applicability.

The FPR and HEWPR apply to all HEW procurements of personal property, real property by lease, and nonpersonal services (including construction). The HEWPR applies to contracts and to agreements and other instruments (regardless of name) which are subject to 41 U.S.C. 252. Unless specified otherwise, these regulations apply to procurements within and outside the United States. Requests for authority to deviate from the FPR and HEWPR shall comply with procedures set forth in §§ 1-1.009 and 3-1.109.

[36 FR 22980, Dec. 2, 1971, as amended at 39 FR 14340, Apr. 23, 1974]

Certain HEW policies and procedures which come within the scope of this chapter nevertheless may be excluded from HEW Procurement Regulations. The exclusions are categorized follows:

(a) Policy or procedure which is expected to be effective for a period of less than 6 months which shall be issued in procurement circular format.

(b) When the time will not permit preparation in final codified form, the policy or procedure shall be issued in procurement circular format. Conversion to permanent type HEWPR shall be made as soon as possible, in most instances, within 180 days.

(c) Issuances of a semipermanent nature which have limited applicability, such as those pertaining to a specific program or geographical area (e.g., metropolitan Washington, D.C.), shall be published as manual guides.

(a) HEWPR implement, supplement, and in some instances may deviate from, the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Supplementing material is that for which there is no counterpart in the FPR. Deviating material is defined in § 1-1.009 of the FPR.

(b) Material published in the FPR which has Government-wide applicability becomes effective throughout HEW upon the effective date cited in the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise stated in HEWPR except to the extent necessary to implement or deviate from the FPR. HEWPR material