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Responsibilities of contracting

officers. Procurement contracting au

thority. Purchasing authority. Personal interest in contracts.

4-1.350-5 4-1.350-6

4-1.101 Scope of subpart. 4-1.102 Purpose. 4-1.103 Authority. 4-1.104 Applicability. 4-1.104-1 Of Federal Procurement Regu

lations. 4-1.104-2 Of Agriculture

Procurement Regulations. 41.105 Exclusions. 41.106 Issuance. 4-1.106-1 Internal. 4-1.106-2 Public. 4-1.106-3 Code arrangement. 4-1.106-4 Copies. 4-1.107 Arrangement. 41.107-1 General plan. 4_1.107–2 Numbering. 41.107–3 Citation. 41.108 Agency implementation. 41.109 Deviation. 41.109-1 Description. 4 1.109-2 Procedure. 4-1.110 Relationship of AGPR to the

FPR. 41.111 Administrative Regulations.

Subpart 4-1.3—General Policies 41.302 Procurement sources. 41.302-1 General. 4-1.305 Specifications. 4-1.305-3 Deviations from Federal speci

fications. 4-1.305–50 Agency specifications. 41.305-51 Index to Federal specifications

and standards. 4-1.305-52 Availability of copies of speci

fications and standards. 4-1.306 Standards. 41.306-1 Mandatory use and application

of Federal standards. 4-1.307 Purchase descriptions. 4-1.307-2 General requirements. 4-1.307–3 Commercial, and state and local

government specifications and

standards. 41.310

Responsible prospective con

tractor. 41.310-5 Standards. 41.315 Use of liquidated damages pro

vision in procurement con

tracts. 41.315–2 Policy. 4-1.3153 Contract provisions. 41.316 Time of delivery or performance. +1.316–2 General. 41.350

Procurement authorities and

responsibilities. 41.350–1 Purpose. 4-1.350-2

Responsibility of the Director of

Plant and Operations.

Subpart 4-1.6-Debarred, Suspended, and

Ineligible Bidders 4-1.600 Scope of subpart. 4-1.601 General. 4-1.601-1 Definitions. 4-1.602 Establishment and maintenance

of a list of firms or individuals debarred, suspended, or in

eligible. 4-1.602-1 Bases for entry on the debarred,

suspended, and ineligible list. 4-1.603 Treatment to be accorded firms

or individuals in debarred,

suspended, or ineligible status. 4-1.604 Causes and conditions appli

cable to determination of debarment by an executive

agency. 4-1.604-1 Procedural requirements relat

ing to the imposition of de

barment. 4-1.605 Suspension of bidders. 4-1.605–1 Causes and conditions under

which executive agencies may

suspend contractors. 4-1.605–2 Period and scope of suspension. 4-1.605-4 Notice of suspension. 4-1.606 Agency procedure. 4-1.650 Foreign firms or individuals.


Subpart 4-1.7—Small Business Concerns 4-1.706 Procurement set-asides for small

business. 4-1.706–1 General. 4-1.706-2 Review of SBA set-aside pro

posals. 4-1.706-5 Total set-asides. 4–1.706-6 Partial set-asides. 4-1.708 Certificate of competency pro

gram. 4-1.708-2 - Applicability and procedure.

Subpart 4-1.8—Labor Surplus Area Concerns 4 1.801 Definitions. 4-1.801-2 Labor surplus area. 4-1.804 Partial set-asides for labor sur

plus area concerns. 4–1.804-1 General. 41.807 Report on preference procure

ment in labor surplus areas.

Subpart 4-1.9-Reporting Possible Antitrust




Subpart 4-1.11-Qualified Products Sec. 4-1.1101 Procurement of qualified prod

ucts. Subpart 4–1.16—Reports of identical Bids 41.1601 General. 4-1.1603—2 Preparation of reports.

AUTHORITY: The provisions of this part 4-1 issued under 5 U.S.C. 22, 40 U.S.C. 486(c).

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

§ 4-1.000 Scope of part.

This part describes the method 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 4–1.1-Introduction

(c) Subject matter which is being in§ 4-1.101 Scope of subpart.

stituted on an experimental basis for a

reasonable period. This subpart sets forth introductory

§ 4-1.106 Issuance. information pertaining to the Department of Agriculture Procurement Regu- § 4-1.106_1 Internal. lations (AGPR), as follows: Purpose,

AGPR are published in loose-leaf form authority, applicability, exclusions, issu

for distribution within the Department. ance, arrangement, implementation, and

Requests to be placed on the distribution deviation procedure.

list, or for extra copies, should be ad$4_1.102 Purpose.

dressed to the Director of Plant and This subpart establishes Chapter 4 of

Operations. the Federal Procurement Regulations System, and describes the relationship to the FPR of said Chapter 4.

§ 4-1.106—2 Public. $ 4-1.103 Authority.

Those parts of AGPR which are

deemed necessary for business concerns, AGPR are issued under section 161 of the Revised Statutes of the United

and others properly interested, to under

stand basic and significant Department States (5 U.S.C. 22) and section 205(c) of the Federal Property and Administra

procurement regulations which impletive Services Act of 1949 (40 U.S.C. 486

ment, supplement, or deviate from the (c)), or under other authority specifi

FPR are published (in Title 41) in the

FEDERAL REGISTER. Detailed instructions cally cited.

of interest primarily for internal agency $4_1.104 Applicability.

guidance are not so published. § 4-1.104-1 Of Federal Procurement

(30 F.R. 14374, Nov. 17, 1965) Regulations. Procurement by the Department of

§ 4-1.106–3 Code arrangement. Agriculture is subject to the FPR (Chapter 1 of this title) except as may be AGPR are issued in the Code of Fedotherwise authorized by law.

eral Regulations as Chapter 4 of Title 41,

Public Contracts, implementing and sup§ 4-1.104–2 Of Agriculture Procurement Regulations.

plementing Chapter 1, which constitutes

the FPR. AGPR are prescribed for application to procurement of administrative and op

§ 4-1.106-4 Copies. erating supplies, equipment, and services, Copies of AGPR in FEDERAL REGISTER for consumption or use by the Depart- and Code of Federal Regulations form ment in carrying out its programs. may be purchased by the public, at nomiCertain program functions of the Depart- nal cost, from the Superintendent of ment are, by reason of special law, ex- Documents, U.S. Government Printing empt from pertinent parts of these regu- Office, Washington, D.C., 20402. lations; however, they shall be applicable to such functions, insofar as it is feasible,

§ 4-1.107 Arrangement. consistent with efficient program opera- § 4-1.107-1 General plan. tions.

The general plan, numbering system, § 4-1.105 Exclusions.

and nomenclature used in the AGPR Certain Departmentwide procure

conform with FEDERAL REGISTER standment regulations which come within the

ards approved for the FPR. scope of this chapter nevertheless may § 4-1.107–2 Numbering. be excluded from AGPR. These exclusions include the following categories:

The numbering system permits identi(a) Subject matter which bears a se

fication of every unit. The first digit, curity classification.

4”, represents the chapter allocated to (b) Subject matter which is expected

the Department, followed by a dash. to be effective for a period of less than

This is followed by the part number six months.

(which may be one or more digits) followed by a decimal point. The num- (a) Deviations in both individual bers after the decimal point represent, cases and classes of cases must be aprespectively, the subpart, section (in two proved in advance by the Director of digits), and, after the dash, subsection, Plant and Operations. Requests for apparagraph, subparagraph, and further proval of such deviations may be iniinferior divisions. For example, this di- tiated by the heads of Department agenvision is called "section 4–1.107-2”, in cies and the heads of their procuring which the first digit denotes the chapter, activities, as defined in § 1-1.206. They the second the part, the third the sub- shall be submitted to the Office of Plant part, the fourth and fifth the section, and Operations. The requests shall cite and the sixth the subsection.

51-079 0-66–6

the specific part of the FPR or AGPR § 4-1.107–3 Citation.

from which it is desired to deviate, shall

set forth the nature of the deviations, AGPR will be cited in accordance with and shall give the reasons for the action approved FEDERAL REGISTER standards. requested. Thus, this section, when referred to for- (b) If a requested deviation is conmally in official documents such as legal sidered appropriate, approval will be acbriefs should be cited as “41 CFR 4–1.107, complished as follows: 3." Any section of AGPR may be in- (1) Where the deviation applies to an formally identified for purposes of individual case, approval will be granted brevity, as “AGPR” followed by the sec- by memorandum addressed to the retion number, such as “AGPR 4–1.107–3.” questing officer with copies to interested § 4-1.108

offices. The contract file of the requestAgency implementation.

ing office shall include a copy of the reAs portions of AGPR material are pre- quest and approval. scribed, agencies within the Department (2) Where the deviation applies to a may publish in the FEDERAL REGISTER im

class of cases, necessary coordination plementing regulations deemed neces- with the General Services Administrasary, as outlined in § 4-1.106–2 of this

tion will be accomplished by the Office of chapter. Detailed instructions of in- Plant and Operations. The deviation terest primarily for internal agency may be issued as a part of AGPR, or the guidance will not be published in the

agency concerned may be authorized to FEDERAL REGISTER. All implementing issue internal instructions which incorregulations shall be prepared to conform porate the deviation. with FPR style and arrangement, except (c) The requesting office will be nothat the loose-leaf format may be in tified by memorandum, with copies to a single column per page. Regulations other interested offices, whenever a reor instructions issued by agenices of the quested deviation is disapproved. Department will be identified by the use

(d) In emergency situations involving of alphabetical suffixes with the chapter

individual cases, deviation approvals number, as follows:

may be processed by telephone and later 4A Agricultural Marketing Service.

confirmed in writing. 4B Agricultural Research Service.

(e) Requests for deviations may be 40

Agricultural Stabilization and Conservation Service.

made at any time. New FPR issuances 4D Farmers Home Administration.

should be reviewed upon receipt, so that 4E Federal Extension Service.

requests for deviations can be acted upon 4F Foreign Agricultural Service.

prior to the effective date, whenever 4G Forest Service.

practicable. 4H Rural Electrification Administration. 41 Soil Conservation Service.

§ 4-1.110 Relationship of AGPR to the 4J Office of Management Services.

FPR. § 4-1.109 Deviation.

(a) AGPR Chapter 4 implements and § 4-1.109–1 Description.

supplements the FPR and is part of the A description of the term “deviation”

Federal Procurement Regulations sysappears at § 1-1.009-1.

tem. Material published in the FPR

having Government-wide applicability § 4-1.109–2 Procedure.

becomes effective throughout the DepartDeviations from the FPR and AGPR ment of Agriculture upon the effective shall be kept to a minimum and con- date of the particular FPR material. trolled as follows:

Such material generally will not be re

peated, paraphrased, or otherwise re- Title 1-General Authorities and Functions. stated in Chapter 4.

Title 2–National Agricultural Library. (b) Implementing material is that

Title 3-Information. which expands upon related FPR mate

Title 4Plant and Operations. rial. Supplementing material is that for

Title 5-Procurement. which there is no counterpart in the FPR.

Title 6—Budget. (c) Material in Chapter 4 may deviate

Title 7-Accounting. from the FPR when a deviation (see (c) References. Each Title is further $ 4-1.109) is authorized and is explicitly subdivided, basically, into chapters, secreferenced to the FPR. Where Chapter tions, and paragraphs. Editorial refer4 contains no material implementing the

ences to the Administrative Regulations FPR, the FPR alone will govern.

in this Chapter 4 are made to the title: § 4-1.111 Administrative Regulations.

e.g., "Title 1 of the Administrative Regu(a) General. The Administrative Reg- lations”, or “1 AR”. Reference to specific ulations of the Department contain text is to paragraphs: e.g., “1 AR 252" or the continuing policies, authorities and

"5 AR 622”. operating regulations issued by the Sec

(d) Availability. Complete sets of AR retary of Agriculture and administrative staff officers having general application

are usually available at regional and to the agencies or employees of the De- state offices of Department agencies, and partment.

are available to the public for inspection, (b) Arrangement. The complete Ad subject to the provisions of Title 7, Code ministrative Regulations consist of the of Federal Regulations, Part 1, Subpart following Titles:

A, 88 1.1 to 1.6 (1 AR 534-538).

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