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Property Administration" executed by (d) As the Representative of the the Directors of the Contracts Man- Contracting Officer the Property Adagement Division, PM-214, Facilities ministrator performs all transactions and Support Services Division, PM- and handles all matters concerning 215, and Financial Management Divi Government property in the contracsion, PM-223.

tor's possession. However, the Con(b) The contractor's responsibility tracting Officer must execute sales regarding the management and use of contracts and determinations of liabiliGovernment property is delineated in ty for lost, damaged, or destroyed an EPA publication entitled “Guide Government property and will resolve for Control of Government Property disputes with contractors that cannot by Contractors," instructions from be settled by the Property AdministraEPA Property Administrators, and as tor. specified in the contract.

(e) The Property Administrator will (c) The Contracting Officer shall review and determine the adequacy of furnish the Property Administrator a contractor's property policy and procecopy of each contract, contract modifi- dures concerning: cation, or other written authorization (1) Receiving and inspection; to a contractor which involves Govern (2) Accounting, control, and reports; ment property in any manner. Also, (3) Utilization, including reporting the Contracting Officer shall furnish excess property; the Property Administrator a copy of

(4) Maintenance, i.e., protection, all determinations and findings which

preservation, service, repair, warransupport a decision to authorize perma

ties and guaranties, etc.; nent improvements to private proper

(5) Scrap and salvage of material, ty as contemplated in EPA Order

parts, etc.; and 1960.1A.

(6) Disposal, including preparation § 15-60.602 Property Administrator.

for shipment and shipping procedures. (a) The Property Administrator is 815-60.603 Insurance. the EPA "Accountable Officer" for

Consideration will be given to requirGovernment property in a contractor's

ing a contractor to procure and mainpossession and maintains the official

tain insurance against loss of or records of such property.

damage to Government property in (b) EPA Property Administrators are

his possession whenever less than 75 appointed and assigned by the Direc

percent of the total use of such proptor, Facilities and Support Services Di

erty is for Government work. vision, PM-215.

(c) A Property Administrator shall $ 15-60.604 Risk of loss or damage liabilibe designated as Representative of the

ty. Contracting Officer for property administration for every cost-reimburse

When justified by the circumstances ment type contract and for each fixed

of a particular procurement, the conprice type contract under which Gov

tract may require the contractor to ernment property is involved. Con

assume greater risks than those enutracting Officers shall designate the

merated in the applicable “GovernProperty Administrator in the con

ment Property” clause set forth in tract Schedule or by a letter of desig

FPR Part 1-7. (See § 15-60.102.) nation and furnish a copy to the Prop [39 FR 4761, Feb. 7, 1974, as amended at 42 erty Administrator.

FR 33750, July 1, 1977)

CHAPTER 16-OFFICE OF PERSONNEL

MANAGEMENT

Part

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16-1 16-3 16-4 16-7 16-8 16-11 16-12 16-15

General.......
Procurement by negotiation............
Special types and methods of procurement .......
Contract clauses...........
Termination of contracts ..............
Federal, State, and local taxes ......................
Labor...................................
Contract cost principles and procedures .........
Retention requirements for contractor and sub-

contractor records .......
Contract modifications ...........

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16-26

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PART 16-1-GENERAL

Subpart 16-1.6—Debarred, Suspended, and

Ineligible Carriers Sec. 16-1.600 Scope of subpart. 16-1.601 Applicability.

Sec.
16-1.000 Scope of part.

Subpart 16-1.1-Regulation System 16-1.101 Scope of subpart. 16-1.102 Purpose. 16-1.103 Authority. 16-1.104 Relationship of Chapter 16 to the

FPR. 16-1.106 Issuance. 16-1.107 Arrangement. 16-1.107-1 General plan. 16-1.107-2 Numbering. 16-1.107-3 Citation. 16-1.107-4 Cross references. 16-1.108 Implementation. 16-1.109 Deviation. 16-1.109-1 Description. 16-1.109-2 Procedure. 16-1.150 Use of designees.

Subpart 16-1.9-Reporting Possible Antitrust

Violations 16-1.901 General policy. Subpart 16-1.10—Publicizing Procurement

Actions 16-1.1001 General policy. 16-1.1003 Synopses of proposed procure

ments. 16-1.1004 Synopses of contract awards. Subpart 16-1.12–Responsible Prospective

Contractors 16-1.1200 Scope of subpart. 16-1.1201 Applicability.

Subpart 16-1.2-Definition of Terms

Subpart 16-1.23—Environmental Protection 16-1.2300 Scope of subpart. AUTHORITY: 40 U.S.C. 486(c); 5 U.S.C. 8913.

SOURCE: 46 FR 51569, Oct. 20, 1981, unless otherwise noted.

16-1.250 Definitions.

Subpart 16-1.3—General Policies 16-1.301 Method of procurement. 16-1.301-3 Negotiation. 16-1.302 Procurement sources. 16-1.302-1 Who may contract. 16-1.302–3 Contracts between the Govern

ment and Government employees or business concerns substantially owned

or controlled by Government employees. 16-1.303 Approval signatures. 16-1.313 Records of contract actions. 16-1.318 Disputes. 16-1.320 Subcontractor gifts and kick

backs. 16-1.323 Preference for U.S. Flag Air Car

riers. 16-1.328 Fraudulent claims. 16-1.341 Reporting Contract Actions (Fed

eral Procurement Data System).

8 16-1.000 Scope of part.

This part describes the method by which the Office of Personnel Management (OPM) implements, supplements and deviates from the Federal Procurement Regulations (FPR) (41 CFR Chapter 1) through the establishment of the OPM Procurement Regulations (Chapter 16), which prescribe the Office procurement policies and procedures for the Federal Employees Health Benefits Program (FEHBP) contracts. Policies and procedures governing the award and administration of FEHBP contracts are contained in Part 4 of this chapter, “Special Types and Methods of Procurement.'

Subpart 16-1.4-Procurement Responsibility

and Authority 16-1.400 Scope of subpart. 16-1.401 Responsibility of the Director,

Office of Personnel Management. 16-1.402 Authority of the FEHBP con

tracting officer. -1.403 Requirements to be met before

entering into contracts. 16-1.405 Ratification of unauthorized con

tract awards. 16-1.406 Cost accounting standards.

Subpart 16-1.1- Regulation System

816–1.101 Scope of subpart.

This subpart sets forth introductory information pertaining to Chapter 16, explains its purpose, authority under which it is issued, its relationship to the FPR System, applicability, method of issuance, and arrangement.

Subpart 16-1.5—Contingent Fees 16-1.500 Scope of subpart.

It also provides procedures for imple to apply at a future date will be pubmenting and supplementing the FPR lished in the FEDERAL REGISTER prior and Chapter 16 and sets forth devi to implementation by OPM. ation procedures.

$ 16-1.106 Issuance. $ 16-1.102 Purpose.

(a) Policies and procedures which Chapter 16 is prescribed by the Di are issued in this chapter will be pubrector, Office of Personnel Manage

lished in the FEDERAL REGISTER &S ment to provide direction and uni Chapter 16 of Title 41 CFR. formity in the agency's procurement

(b) The FEDERAL REGISTER and Title of health coverage under the FEHB

41 CFR may be purchased by the Program.

public from the Superintendent of

Documents, Government $ 16–1.103 Authority.

Printing

Office, Washington, D.C. 20402.
Chapter 16 is issued under the au-
thority of 5 U.S.C. Chapter 89 and 40 $16-1.107 Arrangement.
U.S.C. 486(C).

$ 16-1.107–1 General plan.
$ 16-1.104 Relationship of Chapter 16 to
the FPR.

Chapter 16 conforms with the FPR

system with respect to divisional ar(a) The Federal Procurement Regu

rangements into parts, subparts, seclations set forth in Chapter 1, 41 CFR

tions, subsections, and further subdiviare applicable to contracts between

sions es necessary. the Office of Personnel Management (OPM) and health benefits plans for $ 16-1.107-2 Numbering. Federal employees and annuitants. Chapter 16 provides guidance to the

(a) Generally, the numbering system contracting officer, health benefit car

used in Chapter 16 conforms to that of riers and other interested parties for

Chapter 1 (see FPR 1-1.007-2). Thus, a implementing, supplementing and in

oplementing and in particular procurement policy or procertain instances, deviating from the

cedure is identified by the same FPR. Except as necessary to assure

number in both Chapter 1 and Chapcontinuity or understanding, material ter 16, except that the first number in published in the FPR will not be re. Chapter 1 will be 1 rather than 16. peated, paraphrased, or otherwise re- (b) Where Chapter 16 implements a stated in Chapter 16.

part, subpart, section or subsection of (b) Implementing material is that the FPR, the implementing part, subwhich expands upon related FPR ma part, section or subsection of Chapter terial. Supplementing material is that 16 is numbered to correspond to the for which there is no counterpart in

FPR part, subpart, section or subsecthe FPR.

tion, e.g., $ 16-3.807-3 implements $ 1(c) Material in Chapter 16 may su 3.807-3 of the FPR. Paragraph and persede the FPR as when a deviation

subparagraph designations of Chapter (see OPMPR 16-1.109-1) is authorized, 16, however, are indepen

16, however, are independently develbut only when the deviation contains oped and do not necessarily correan explicit cross reference to the FPR. spond to a paragraph or subparagraph

(d) In order to make FEHBP carriers of the FPR. fully aware of which portions of the (c) Where Chapter 16 supplements FPR are applicable to contracts with the FPR and thus deals with subject FEHBP, and to establish official OPM matter not contained in the FPR, the policy for internal contract evalua. numbers in the group 50 through 99 tions, all parts of 41 CFR Chapter 1 are assigned to the respective supplewhich are deemed to have practical menting parts, subparts or sections. application to the administration of (d) Where the subject matter conFEHBP contracts are specifically dealt tained in the part, subpart, section or with in this Chapter 16. Any portions subsection of the FPR has no practical of the FPR which, because of a application at this time to FEHBP change in the contracting procedure contracts, this Chapter 16 contains no under the Program, become practical corresponding part, subpart, section or

subsection. Thus, there are gaps in the 816-1.109-2 Procedure. Chapter 16 series of part, subpart, sec

(a) In individual cases, when the tion and subsection numbers.

contracting officer considers it neces

sary to deviate from the policies set 8 16-1.107–3 Citation.

forth in the FPR, a request for au(a) In formal documents, such as

thority to do so will be submitted to legal briefs, citation of Chapter 16 ma

the Director, Office of Personnel Manterial which has been published in the

agement. The request will clearly set FEDERAL REGISTER will be to Title 41 forth the circumstances warranting CFR.

the deviation and the nature of the de(b) Any section of Chapter 16, for

viation. purpose of brevity, may be informally

(b) Deviations in classes of cases identified as “OPMPR” followed by

shall be in accordance with FPR 1section number. For example, this

1.009-2(c). Class deviations will be set paragraph would be identified in a

forth in this Chapter 16 as provided in memorandum as “OPMPR 16-1.107

§ 16-1.104(c). 3(b)”.

8 16–1.150 Use of designees. & 16-1.107-4 Cross references. (a) Within Chapter 16, cross refer

Throughout the regulations in ences to the FPR will be made in the

Chapter 16, responsibilities and duties

are assigned to certain individuals by same manner as used within the FPR. Illustration of cross references to the

position title, and, in many instances, FPR are:

the submission of reports to and by

these individuals is also prescribed. (1) Part 1-3.

Whenever these titles are used, the in(2) Subpart 1-3.8.

(3) Section 1-3.807-50(a). The word dividual occupying these positions “section” or its symbol (8) is used in

may, unless otherwise restricted by making a cross reference even though

law or the regulations in 5 CFR Part the reference may be to a subsection,

890 or this Chapter 16, designate a paragraph or subparagraph. For ex

subordinate to act for him or her. ample, this reference is actually to a paragraph.

Subpart 16-1.2-Definition of Terms (b) Within Chapter 16, cross reference to parts, subparts and sections of $ 16-1.250 Definitions. Chapter 16 will be in a manner gener

Definitions pertaining to this Chapally similar to that used in making ref

ter 16 are contained in Part 16-4, erences to the FPR. For example, this

"Special Types and Methods of Proparagraph would be referred to as

curement." § 16-1.107-4(b). 8 16-1.108 Implementation.

Subpart 16-1.3—General Policies As portions of the FPR are prescribed, procurement policies and pro

8 16-1.301 Method of procurement. cedures which have practical application to the FPR will be issued in Chap

8 16-1.301-3 Negotiation. ter 16 by the Director, Office of Per

Use of formal advertising in connecsonnel Management.

tion with the award of FEHBP con

tracts is determined not to be feasible § 16-1.109 Deviation.

or practicable. Pub. L. 86-382, as & 16-1.109-1 Description.

amended and codified at 5 U.S.C.

chapter 89, authorizes the negotiation (a) The term "deviation” as used in of FEHBP contracts. FEHBP conChapter 16 is defined in the same tracts, accordingly, will be negotiated manner as described in FPR 1-1.009-1. pursuant to the provisions of FPR 1

(b) In order to maintain uniformity 3.215 and the authority in 41 U.S.C. to the greatest extent feasible, devi. 252(c)(15) which permits the negotiaation from the FPR will be kept to a tion of contracts “otherwise authorminimum.

ized by law.”

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