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1-Sedans.

2 Station Wagons.
3-Busses and Ambulances.

4-Trucks, 4 x 2, 1 Ton or Less (Including Sedan Deliveries and Carryalls).

5-Reserved.

6 Trucks, 4 x 4, Vehicles (Jeeps, Power Wagons, etc).

7-Trucks, 4 x 2, Above 1 Ton Up to Two and a Half Tons.

8-Trucks, 3 Tons and Over.

9 Special Purpose Vehicles (Firetrucks, etc., not included in SF-82 Reports).

(d) Billing address codes. In the interest of uniformity, agencies will assign billing address codes within the fol lowing structure, which is not intended to conform with existing station accounting codes:

001-010 Office of the Secretary. 011-020 Packers and Stockyards Administration.

021-030 Farmers Home Administration.

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Management and operating contracts are cost-reimbursement type contracts under which the Government contracts with non-profit institutions, private businesses, or universities. Under this type of contract the contractor is required to administer, on behalf of the Government, research or development establishments wholly devoted to Government work or Government research or development programs or to administer and operate Government-owned or leased industrial facilities; or to provide such personal or professional services as are authorized by law. Bureau of the Budget Circular No. A-49, February 25, 1959, contains general criteria for this type of contract. Approval of the Director of Plant and Operations shall be obtained for use thereof.

§ 4-4.5055 Meat inspection tags, labels,

etc.

Appropriations for meat inspection may be expended for the purchase (7 U.S.C. 431) of printed tags, labels, stamps, and certificates without regard to laws applicable to public printing. § 4-4.5056 Membership fees.

(a) Payment of membership fees or dues from appropriated funds, for any officer or employee of the Government, in any society or association is not authorized except as follows:

(1) Where payment is authorized by specific appropriation or is provided for in express terms in some general appropriation. (5 U.S.C. 83)

(2) Where attendance at meetings are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision or management of those functions or activities. (5 U.S.C. 2318(b))

(3) Where such expenses are incidental to the delivery of lectures, the giving of instruction, or the acquiring of information at meetings by employees or subjects relating to the work of the

Department authorized by law. (5 U.S.C. 83)

(b) Fees and other charges may be paid at Government expense where such action is necessary for the direct benefit of the agency. Such payments should be made in the name of the agency. (See 19 CG 937; 24 CG 814; and 33 CG 126.)

§ 4-4.5057 Men with equipment.

In accordance with law (5 U.S.C. 542a) funds available for field work in the Department may be used for the employment by contract, or otherwise, of men with equipment, boats, work animals, and animal-drawn and motor-propelled vehicles. Such services are to be purchased as nonpersonal services.

§ 4-4.5058 Motion pictures.

See visual services (34-4.5099). § 4-4.5059 Motor vehicles.

See § 101-26.501.

[32 F.R. 1179, Feb. 2, 1967]

§ 4-4.5061 Motor vehicle tags, shields, and other identification.

See Subparts 101-38.3 and 101-38.4. See also Subparts 104-38.3 and 104-38.4. [32 F.R. 1179, Feb. 2, 1967]

§ 4-4.5062 National defense contracting.

(See Parts 1-17 and 4-17 of this title.)

§ 4-4.5063 Nursery stock,

See Tree Seed, § 4-4.5094.

§ 4-4.5064 Oil, lubricating. See § 101-26.602-2.

[32 F.R. 1179, Feb. 2, 1967]

§ 4-4.5065 Paper and paperboard.

Requirements for paper and paperboard stocked by the General Services Administration stores depots should be obtained from that source. Otherwise, needs should be obtained from the Government Printing Office or purchased from commercial sources in accordance with Subpart 4-5.54.

§ 4-4.5066 Personal articles.

(a) Expenditures from appropriations available for the procurement of supplies and materials or equipment may be made for the purchase and maintenance, in accordance with agency policies and procedures, of special clothing and equipment for the protection of personnel in the performance of their assigned tasks. "Protection," as used in this Section,

means protection from physical injury or occupational disease.

(b) Articles of personal equipment other than for the protection of personnel shall not be purchased from an appropriation of the Department (1) without specific statutory authority, or (2) unless the object for which the appropriation was made cannot be accomplished as expeditiously and satisfactorily from the Government standpoint without such equipment, and the equipment is such that the employee could not reasonably be required to furnish it as a part of the personal equipment necessary to enable him to perform the regular duties of the position to which he was appointed or for which his service was engaged. Care should be exercised to avoid the purchase of special clothing or equipment to be fitted to an employee when it is known that the employee may soon be separated from the service or permanently assigned to other duties. (5 U.S.C. 7903).

[38 FR 21632, Aug. 10, 1973]

§ 4-4.5067 Personal interest in purchases.

Except as may be specifically authorized pursuant to the Department Personnel Manual, no officer or employee of the Department may participate personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise, in a purchase or contract in which, to his knowledge, he, his spouse, minor child, partner, organization in which he is serving as officer, director, trustee, employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest. This is a statutory provision, violation of which is punishable by a fine of not more than $10,000, or imprisonment for not more than two years, or both. (See 18 U.S.C. 208 and Department Personnel Manual Chapter 735, paragraphs 3-3 and 3-17, for statutory restrictions and implementing regulations and rules of ethics for conduct of public business.)

§ 4-4.5068 Procurement of personal services.

(a) General rule. In the absence of specific statutory authority personal services may not be contracted for, but are required to be performed by, Govern

ment employees who are responsible to and subject to supervision of Federal officials. The Department has specific statutory authority for contracting personal services as stated in paragraph (b) of this section.

(b) Statutory authority. Statutes specifically authorizing the employment of personal services by contract by this Department are as follows:

(5 U.S.C. 3109 and 7 U.S.C. 2225 (where use of the authority is provided for in the appropriation act) 7 U.S.C. 1627)

Employment of personal services of an individual under these authorities is covered in Chapter 302, Subchapter 7, of the Department Personnel Manual. Personal services of an organization may be obtained by contract where authorized by these statutes. In such cases the requirement may be advertised or negotiated, as appropriate, in accordance with the contracting procedures in this chapter.

(c) Services classed as nonpersonal. (1) Nonpersonal services may be obtained through regular procurement procedures. Nonpersonal services are those services which will not be performed under the supervision of a Federal official as described in paragraph (d) of this section.

(2) Nonpersonal services usually result in an end product and are normally performed on a fee or fixed-price basis.

(3) The Comptroller General has held that contracts for the collection of engineering field data, the delivery of lectures, the services of artists, physicians, dentists, and stenographic reporters, among others, may be nonpersonal service contracts. Temporary services performed by those in the mechanical trades such as plumbers, electricians, etc., for the performance of a particular job on a time or job basis are also customarily considered nonpersonal services. (6 Comp. Gen. 180; 26 Comp. Gen. 188, 442, 468; 28 Comp. Gen. 50, 296; 30 Comp. Gen. 490; 31 Comp. Gen. 510; 33 Comp. Gen. 170).

(d) Services classed as personal. (1) Determination of whether required services can be contracted for depends upon whether personnel performing the services will be responsible to and subject to supervision by Federal officials. If such supervision will exist, the services cannot be contracted for in the absence of specific statutory authority.

(2) The Office of Personnel, based upon decisions of the General Counsel of the Civil Service Commission, has set forth in the Department Personnel Manual the following elements as indicating the likelihood of the existence of supervision. The absence of any one or a number of these elements does not mean that supervision will not exist, but only that there will be less likelihood of its existence.

(i) Performance is on-site (means performance is at the same location as that of the responsible Federal official). (ii) Principal tools and equipment are furnished by the Government.

(iii) Services are applied directly to integral effort of the Department, an agency, or an organizational subpart in furtherance of assigned functions or missions.

services (iv) Comparable meeting comparable needs are performed in the Department by civil service personnel. (v) The need for the type of service provided can reasonably be expected to last beyond 1 year. (This should not be interpreted as establishing 1 year as a breaking point below which supervision cannot exist. Any type of service that can reasonably be expected to last for more than a short period of time or that can be expected to recur at regular intervals may indicate the possibility of Government supervision.)

(vi) The inherent nature of the service or the manner in which it is provided reasonably requires, directly or indirectly, Government direction or supervision of contractor employees in order to adequately protect the Government's interest, or to retain full personal responsibility for the function supported in a duly authorized Federal officer or employee.

(3) Supervision, as used in this paragraph, occurs when by contract terms or in the performance of a contract the Government retains or exercises the right to control individuals performing services not only as to the result to be accomplished by work, but also as to the details and means by which the result will be accomplished. Supervision is characterized by the type of supervisory direction and control which removes from the contractor the discretion to decide how he can best do a job and puts the determination of methods in the hands of the Government. Supervision is the management of the methods by which people perform work; it is the

exercise of the power to determine how a thing will be done, not just what will be done.

(4) Evaluation of a proposed contract in relation to these criteria must be based on a realistic view of the provisions of the entire contract and the manner in which it is to be administered and performed.

(5) In the performance of any contract, care should be taken to assure that Federal officials do not inadvertently supervise contractor employees.

(e) Questionable cases. Determination may be difficult in some cases as to whether procurement procedures, special contracting authorities, or employment authorities should be used. In such cases advice should be sought from the Office of Plant and Operations, or the Office of Personnel as appropriate. For requirements for advertising contracts for professional and personal services, see §§ 1-3.204 and 4-3,204 of this title. [33 F.R. 19777, Dec. 27, 1968; 34 F.R. 9, Jan. 1, 1969]

84-4.5069 Photography.

See § 4-4.5099.

84-4.5070 Post office box rental.

Post office boxes may be rented on an annual basis, or for shorter periods by quarters where necessary. Payments for annual rentals are to be made in advance at the beginning of the fiscal year, and for periods of less than a year either in advance for the whole period, or at the beginning of each quarter in which the box is to be used. (See 7 AR 91 and 25 Comp. Gen. 834.)

§ 4-4.5072 Printing equipment.

(a) Authority. Pursuant to the authority conferred upon it by the act of March 1, 1949 (44 U.S.C. 4 and 111), the Joint Committee on Printing promulgated regulations which restrict the purchase, rental, exchange, or transfer from another agency or to or from plants within an agency of printing, binding, and related or auxiliary equipment, without its prior clearance. However, repairs to and replacement of equipment in authorized printing plants with like items may be effected without prior clearance from the Committee.

(b) Definition. For the purpose of this section, "printing equipment” is all equipment so classified by the Joint Committee on Printing and listed in the Government Printing and Binding Regula

Committee.

tions published by the Printing and binding equipment also includes office type duplicating and related equipment when such equipment is to be operated in connection with an authorized printing plant. A printing plant is defined in the Government Printing and Binding Regulations. Any question as to whether or not a particular item is classified as printing and binding equipment should be presented to the Printing Branch, Office of Information, for clarification.

(c) Acquisition approval. Proposed purchases, rentals, exchanges, or transfers (other than for the purpose of replacing a like item in an authorized printing plant) of printing, binding, and related or auxiliary equipment must be submitted to the Joint Committee on Printing for approval. Requests for approval should be prepared for the signature of the Director of Information as outlined in Title 3 of the Administrative Regulations, and sent to the Office of Plant and Operations for review and forwarding to the Director of Information. (See 5 AR 696 on the transfer and other disposal of printing equipment.) Occasionally, there appear on the market certain types of printing, binding, and related auxiliary equipment utilizing newly developed or improved processes or new principles of operation. Proposed purchases of such equipment must also be submitted to the Joint Committee in order that determination may be made as to whether or not such items come under the classification of printing equipment. Although replacements of printing, binding, and related auxiliary equipment in an authorized printing plant do not require approval of the Joint Committee, such replacements do require prior approval of the Office of Information, as provided in Title 3 of the Administrative Regulations and Information Memorandum No. 19.

§ 4-4.5073 Property forfeited and/or abandoned.

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available by assignment from the Department Library, may be purchased by the agencies under authority which has been granted by the Director of the Library. Such purchases are to be made in accordance with standard purchasing procedures. However, the material acquired is subject to the regulations of the Library governing the handling of library material. (See 2 AR 51-56.)

(b) Newspapers. Agencies may purchase single issues of or subscriptions to newspapers. Such purchases should be limited to newspapers containing useful data such as price quotations, statistical information, and current indices of trends in commodity operations. Whenever practicable, newspapers carrying approximately the same news in a local area should be subscribed to on a rotating basis rather than simultaneously. No newspapers shall be purchased for the personal use of an employee.

(c) Advance payment of subscription charges. In accordance with statutory provisions (31 U.S.C. 530), subscription or other charges for newspapers, magazines, periodicals, and other publications for official use of the Department, may be paid for in advance from appropriations available therefor. (See 7 AR 94 for details on this subject.)

§ 4-4.5076 Purchasing officer interest in employee purchasing association activities.

Regulations on the conduct of employees in Department Personnel Manual, Chapter 735, subchapter 2-6, provide, among other things, that employees of the Department shall not perform or be engaged in any work for private organizations if such work may be construed by the public to be the official acts of the Department, or may result in a conflict between such private interests of the employee and his official duties. In view of this regulation, employees of the Department regularly engaged in procurement for the Department may not hold offices in employee purchasing associations.

§ 4-4.5077 Radiation equipment and radioactive material.

(a) Definitions-(1) Radioactive material. Radioisotopes, fast neutron sources (e.g., moisture meters), any other source, whether sealed or unsealed, which naturally or as a result of artificial inducement spontaneously emits radioactive particles and/or rays, and any device incorporating such a source.

(2) Radiation equipment. Electron miscroscopes, X-ray and such other equipment and instruments which are capable of creating radiation hazards.

(b) Restrictions. Prior approval of the Radiological Safety Committee, Agricultural Research Service must be obtained for the acquisition, use, or disposition of this material. (See 1 AR 115 n. and 1 AR 376-386.2.)

§ 4-4.5077-1 Radiofrequency electromagnetic waves transmitting devices. (a) Any device transmitting electromagnetic waves through free space, such as radio, radar, telemetry, microwave, lasers, or radio type instruments for research, requires an operating license before procurement or operation of such equipment. Agencies of the Department will ensure that no funds are obligated for communication-electronics equipment until availability of spectrum support is assured. Any planned systems using electronic transmitters must be submitted to the Agriculture representative on the Interdepartment Radio Advisory Committee (IRAC) for review prior to expenditure of funds for such systems.

(b) Frequencies for Federal use are assigned by the Director of Telecommunications Policy (OTP) through the IRAC. Department of Agriculture responsibilities for frequency licensing and representation on the IRAC are delegated to the Forest Service. (7 CFR 2.60 (a) (14))

(c) Requests for new system review and for assignment of frequencies should be submitted to the Forest Service, Chief, Communications and Electronics, Division of Administrative Management, Electronics Center, ARC, Beltsville, Maryland 20705.

[38 FR 21632, Aug. 10, 1973] § 4-4.5078

services.

Recreational equipment and

(a) The furnishing of recreational and entertainment facilities for Government personnel is prohibited except by specific statutory authority or authority by necessary implication. The following authorizations have been given this Department:

(1) The Forest Service is authorized to expend from available funds not to exceed $35,000 annually for providing recreation facilities, equipment, and services for use by employees of the Service located at isolated situations, and where deemed to be in the public interest, by members of the immedi

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