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Property Administration" executed by the Directors of the Contracts Management Division, PM-214, Facilities and Support Services Division, PM215, and Financial Management Division, PM-223.

(b) The contractor's responsibility regarding the management and use of Government property is delineated in an EPA publication entitled "Guide for Control of Government Property by Contractors," instructions from EPA Property Administrators, and as specified in the contract.

(c) The Contracting Officer shall furnish the Property Administrator a copy of each contract, contract modification, or other written authorization to a contractor which involves Government property in any manner. Also, the Contracting Officer shall furnish the Property Administrator a copy of all determinations and findings which support a decision to authorize permanent improvements to private property as contemplated in EPA Order 1960.1A.

§ 15-60.602 Property Administrator.

(a) The Property Administrator is the EPA "Accountable Officer" for Government property in a contractor's possession and maintains the official records of such property.

(b) EPA Property Administrators are appointed and assigned by the Director, Facilities and Support Services Division, PM-215.

(c) A Property Administrator shall be designated as Representative of the Contracting Officer for property administration for every cost-reimbursement type contract and for each fixedprice type contract under which Government property is involved. Contracting Officers shall designate the Property Administrator in the contract Schedule or by a letter of designation and furnish a copy to the Property Administrator.

(d) As the Representative of the Contracting Officer the Property Administrator performs all transactions and handles all matters concerning Government property in the contractor's possession. However, the Contracting Officer must execute sales contracts and determinations of liability for lost, damaged, or destroyed Government property and will resolve disputes with contractors that cannot be settled by the Property Administrator.

(e) The Property Administrator will review and determine the adequacy of contractor's property policy and procedures concerning:

(1) Receiving and inspection;

(2) Accounting, control, and reports; (3) Utilization, including reporting excess property;

(4) Maintenance, i.e., protection, preservation, service, repair, warranties and guaranties, etc.;

(5) Scrap and salvage of material, parts, etc.; and

(6) Disposal, including preparation for shipment and shipping procedures. § 15-60.603 Insurance.

Consideration will be given to requiring a contractor to procure and maintain insurance against loss of or damage to Government property in his possession whenever less than 75 percent of the total use of such property is for Government work.

§ 15-60.604 Risk of loss or damage liability.

When justified by the circumstances of a particular procurement, the contract may require the contractor to assume greater risks than those enumerated in the applicable "Government Property" clause set forth in FPR Part 1-7. (See § 15-60.102.)

[39 FR 4761, Feb. 7, 1974, as amended at 42 FR 33750, July 1, 1977]

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Subpart 16-1.6—Debarred, Suspended, and Ineligible Carriers

Sec.

16-1.600 Scope of subpart.

16-1.601 Applicability.

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 16-1.23-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.

§ 16-1.000 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 EmHealth ployees 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 16-1.1-Regulation System

§ 16-1.101 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.

It also provides procedures for implementing and supplementing the FPR and Chapter 16 and sets forth deviation procedures.

§ 16-1.102 Purpose.

Chapter 16 is prescribed by the Director, Office of Personnel Management to provide direction and uniformity in the agency's procurement of health coverage under the FEHB Program.

§ 16-1.103 Authority.

Chapter 16 is issued under the authority of 5 U.S.C. Chapter 89 and 40 U.S.C. 486(c).

§ 16-1.104 Relationship of Chapter 16 to the FPR.

(a) The Federal Procurement Regulations set forth in Chapter 1, 41 CFR are applicable to contracts between the Office of Personnel Management (OPM) and health benefits plans for Federal employees and annuitants. Chapter 16 provides guidance to the contracting officer, health benefit carriers and other interested parties for implementing, supplementing and in certain instances, deviating from the FPR. Except as necessary to assure continuity or understanding, material published in the FPR will not be repeated, paraphrased, or otherwise restated in Chapter 16.

(b) Implementing material is that which expands upon related FPR material. Supplementing material is that for which there is no counterpart in the FPR.

(c) Material in Chapter 16 may supersede the FPR as when a deviation (see OPMPR 16-1.109-1) is authorized, but only when the deviation contains an explicit cross reference to the FPR. (d) In order to make FEHBP carriers fully aware of which portions of the FPR are applicable to contracts with FEHBP, and to establish official OPM policy for internal contract evaluations, all parts of 41 CFR Chapter 1 which are deemed to have practical application to the administration of FEHBP contracts are specifically dealt with in this Chapter 16. Any portions of the FPR which, because of a change in the contracting procedure under the Program, become practical

to apply at a future date will be published in the FEDERAL REGISTER prior to implementation by OPM.

§ 16-1.106 Issuance.

(a) Policies and procedures which are issued in this chapter will be published in the FEDERAL REGISTER as Chapter 16 of Title 41 CFR.

(b) The FEDERAL REGISTER and Title 41 CFR may be purchased by the public from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

§ 16-1.107 Arrangement.

§ 16-1.107-1 General plan.

Chapter 16 conforms with the FPR system with respect to divisional arrangements into parts, subparts, sections, subsections, and further subdivisions as necessary.

§ 16-1.107-2 Numbering.

(a) Generally, the numbering system used in Chapter 16 conforms to that of Chapter 1 (see FPR 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both Chapter 1 and Chapter 16, except that the first number in Chapter 1 will be 1 rather than 16.

(b) Where Chapter 16 implements a part, subpart, section or subsection of the FPR, the implementing part, subpart, section or subsection of Chapter 16 is numbered to correspond to the FPR part, subpart, section or subsection, e.g., § 16-3.807-3 implements § 13.807-3 of the FPR. Paragraph and subparagraph designations of Chapter 16, however, are independently developed and do not necessarily correspond to a paragraph or subparagraph of the FPR.

(c) Where Chapter 16 supplements the FPR and thus deals with subject matter not contained in the FPR, the numbers in the group 50 through 99 are assigned to the respective supplementing parts, subparts or sections.

(d) Where the subject matter contained in the part, subpart, section or subsection of the FPR has no practical application at this time to FEHBP contracts, this Chapter 16 contains no corresponding part, subpart, section or

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(3) Section 1-3.807-50(a). The word "section" or its symbol (§) is used in making a cross reference even though the reference may be to a subsection, paragraph or subparagraph. For example, this reference is actually to a paragraph.

(b) Within Chapter 16, cross reference to parts, subparts and sections of Chapter 16 will be in a manner generally similar to that used in making references to the FPR. For example, this paragraph would be referred to as § 16-1.107-4(b).

§ 16-1.108 Implementation.

As portions of the FPR are prescribed, procurement policies and procedures which have practical application to the FPR will be issued in Chapter 16 by the Director, Office of Personnel Management.

§ 16-1.109 Deviation.

§ 16-1.109-1 Description.

(a) The term "deviation" as used in Chapter 16 is defined in the same manner as described in FPR 1-1.009-1.

(b) In order to maintain uniformity to the greatest extent feasible, deviation from the FPR will be kept to a minimum.

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(a) In individual cases, when the contracting officer considers it necessary to deviate from the policies set forth in the FPR, a request for authority to do so will be submitted to the Director, Office of Personnel Management. The request will clearly set forth the circumstances warranting the deviation and the nature of the deviation.

(b) Deviations in classes of cases shall be in accordance with FPR 11.009-2(c). Class deviations will be set forth in this Chapter 16 as provided in § 16-1.104(c).

§ 16-1.150 Use of designees.

Throughout the regulations in Chapter 16, responsibilities and duties are assigned to certain individuals by position title, and, in many instances, the submission of reports to and by these individuals is also prescribed. Whenever these titles are used, the individual occupying these positions may, unless otherwise restricted by law or the regulations in 5 CFR Part 890 or this Chapter 16, designate a subordinate to act for him or her.

Subpart 16-1.2-Definition of Terms § 16-1.250 Definitions.

Definitions pertaining to this Chapter 16 are contained in Part 16-4, "Special Types and Methods of Procurement.'

Subpart 16-1.3-General Policies

§ 16-1.301 Method of procurement.

§ 16-1.301-3 Negotiation.

Use of formal advertising in connection with the award of FEHBP contracts is determined not to be feasible or practicable. Pub. L. 86-382, as amended and codified at 5 U.S.C. chapter 89, authorizes the negotiation of FEHBP contracts. FEHBP contracts, accordingly, will be negotiated pursuant to the provisions of FPR 13.215 and the authority in 41 U.S.C. 252(c)(15) which permits the negotiation of contracts "otherwise authorized by law."

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