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§ 24-1.000 Scope of part.

tary, except as may be otherwise au

thorized by law, must.be accomplished This part describes the method by

in accordance with the HUDPR and which the Department of Housing and

the FPR: Urban Development (HUD) imple

(a) HUDPR implement, supplement, ments, supplements and deviates from

and in some instances may deviate the Federal Procurement Regulations

from the FPR. Except as necessary to (FPR) through the establishment of

assure continuity or understanding, the HUD Procurement Regulations (HUDPR), which prescribes the De

FPR material will not be repeated,

paraphrased, or otherwise restated in partment's procurement policies and

HUDPR. procedures under the FPR System, in

(b) Where HUDPR contain no mateterms of authority, applicability, issu

rial implementing the FPR, the FPR ance and arrangement.

will govern.

(c) Except as specifically provided Subpart 24-1.1-Regulation System

for herein, the HUDPR does not apply

to the placement and administration 824–1.101 Scope of subpart.

of grants. This subpart establishes the Department of Housing and Urban Develop $ 24-1.105 Exclusions. ment Procurement Regulations Certain HUD policies and proce(HUDPR) and states their relation- dures which come within the scope of ship to the FPR System. It also pro this chapter nevertheless, may be exvides the explanation of their purpose cluded from HUD Procurement Reguand the authorities under which they lations. The exclusions are categorized are issued.

as follows:

(a) Policy or procedure which is ex$ 24-1.102 Purpose.

pected to be effective for a period of The Department of Housing and less than (6) months. Urban Development Procurement (b) Policy or procedure of an interRegulations (HUDPR) are hereby es nal nature which shall be issued as tablished as Chapter 24 of the Federal either a HUD Notice or a HUD HandProcurement Regulations System (41

book. CFR Chapter 24) and are issued to provide uniform Departmental policies § 24-1.106 Arrangement. and procedures for the procurement of supplies, personal property and non

8 24-1.106-1 General plan. personal services as defined in Chapter 24 is divided in Parts, SubHUDPR 24-1.202 by the Department's parts, Sections, Paragraphs and fur. procuring activities and to make these ther subdivisions as necessary. policies and procedures readily available to Departmental personnel and to § 24-1.106-2 Numbering. the public.

Generally, the numbering system

and part, subpart, and section titles $ 24-1.103 Authority.

used in HUDPR conform with those The HUDPR are prescribed by the used in FPR or as follows: Assistant Secretary for Administration (a) When HUDPR implement or deunder section 7(d) of the Department viate from a part, subpart, section, or of HUD Act (42 U.S.C. 3535(d)), sec paragraph of the FPR, that implemention 205(c) of the Federal Property tation or deviation will be numbered and Administrative Services Act of and captioned where possible to corre1949, as amended (40 U.S.C. 486(c)), spond to the FPR part, subpart, secand under the Secretary's delegation tion or paragraph. effective January 19, 1976, 41 FR 2665. (b) Supplementary material pub

lished in the HUDPR will be assigned § 24–1.104 Applicability.

numbers from the number 50 onward All procurement of personal proper which shall be used to denote the new ty and nonpersonal services (including appropriate part, subpart, section or construction) on behalf of the Secre- paragraph of the HUDPR.

(c) Where material in the FPR re- extent feasible, deviations from the quired no implementation or devi- FPR or HUDPR shall be kept to a ation, there is no corresponding num- minimum and controlled as follows: bering in the HUDPR. Therefore, (a) In individual cases, deviations there may be gaps in the HUDPR se- from the FPR or HUDPR may be subquence of numbers where the FPR, as mitted to the Assistant Sec

mitted to the Assistant Secretary for written, are applicable to HUDPR and

Administration or the Director, Office require no further implementation.

of Procurement and Contracts for ap$ 24-1.106-3 Citation.

proval or other necessary or appropri

ate action. A supporting statement HUDPR will be cited in accordance

shall be submitted with the proposed with FEDERAL REGISTER standards ap

deviation indicating briefly the nature proved for the FPR. Thus, this sec

of the deviation and the reason the detion, when referred to in HUDPR

viation is necessary and in the best inshould be cited as “g 24-1.106-3 of this chapter.” When this section is re

terest of the Government. The conferred to formally in official docu

tract file shall include a copy of the ments, such as legal briefs, it should

request submitted and the approval. be cited as “41 CFR 24-1.106-3." Any

In emergency situations involving indisection of the HUDPR may be infor

vidual cases, deviation approvals may mally identified by the section be processed by telephone and later number, e.g., “HUDPR 24-1.106-3." confirmed in writing.

(b) In classes of cases, deviations § 24-1.108 Deviation.

from the FPR or HUDPR shall be sub

mitted to the Assistant Secretary for $ 24-1.108-1 Description.

Administration for his approval or The term deviation, which includes

other necessary or appropriate action. deviations from FPR as well as

Requests for deviations shall be supHUDPR, means:

porting by statements adequate to dis(a) When a prescribed contract

close fully the nature of the deviation lause is set forth verbatim, use of a

and the need therefor. The Assistant contract clause covering the same sub

Secretary for Administration will conject matter which varies from that set forth;

sider on an expedited basis jointly (b) When a standard or other form

with GSA requests involving the FPR is prescribed, use of any other form

unless he determines, after due considfor the same purpose;

eration of the objective of uniformity (c) Alteration of a prescribed stand

and the proper responsibilities of ard or other form, except as may be

HUD, circumstances preclude such authorized in the Regulations;

joint effort. In such cases, the Assist(d) The imposition of lesser or, ant Secretary for Administration will where the regulation expressly prohib approve such class deviations as he deits, greater limitations than are im termines necessary and GSA will be posed upon the use of a contract notified. Authorized class deviations clause, form, procedure, type of con- will be reflected in HUDPR. tract, or upon any other procurement action, including but not limited to,

Subpart 24-1.2-Definition of Terms the making or amendment of a contract, or actions taken in connection

8 24–1.201 Scope of subpart. with the solicitation of bids or proposals, award, administration, or settle This subpart contains definitions of ment of contracts; and

terms used generally throughout (e) When a policy or procedure is HUDPR, in addition to those set forth prescribed, use of any inconsistent in 41 CFR Subpart 1-1.2. Additional policy or procedure.

definitions will be found in individual

subparts of the FPR and HUDPR Cov§ 24-1.108-2 Procedure.

ering terms used in those subparts In the interests of establishing and only. maintaining uniformity to the greatest

$ 24–1.202 Definitions.
$ 24-1.202–1 Department.

“Department" means the Department of Housing and Urban Develop ment, which may also be designated as “HUD.” $ 24-1.202–2 Secretary.

“Secretary” means the Secretary of Housing and Urban Development.

8 24-1.202–6 Contractor.

“Contractor" means any person, firm, association, or corporation entering into a contract with the Government. 8 24-1.202–7 Subcontractor.

“Subcontractor” means any person, firm, association, or corporation entering into a subcontract with a contractor or higher-tier subcontractor.

$ 24-1.202–3 Chief officer responsible for

procurement. 1 The Director, Office of Procurement and Contracts is the Chief Officer responsible for procurement within the Department.

§ 24-1.202-8 Supplies and property.

“Supplies and Property” means materials and goods to be delivered to the Department under contracts or purchase orders.

$ 24-1.202-9 Personal services.

Personal services” means the services of an officially appointed or employed individual engaged in the performance of authorized Federal functions under the supervision and direction of a Federal officer and paid for on a time or contract price basis. Personal services are acquired by HUD through consulting agreements which may only be executed by the HUD Headquarters Office of Personnel.

§ 24-1.202–4 Procuring activity.

"Procuring Activity” means those offices identified under $ 24-1.451 which have authority delegated by the Secretary and redelegated by the cognizant official to purchase or contract for supplies, services and/or construction. $ 24–1.202–5 Head of procuring activity.

"Head of Procuring Activity” as used in the HUDPR has the following meaning:

(a) Director, Office of Procurement and Contracts for HUD headquarters procurement;

(b) The Assistant Regional Administrators for Administration for regional office procurement;

(c) The Director, Office of Property Disposition for national contracts on acquired properties;

(d) The Directors, Area and Insuring Offices for decentralized procurement on acquired properties;

(e) The Directors, Strategic Storage Centers for procurement in support of the requirements for disaster temporary housing, storage, maintenance, repair and transport;

(f) The Directors, Disaster Field Offices for procurement of supplies and services in support of temporary housing for Presidentially-declared disaster areas; and

(g) The Director, Office of Housing Programs for contracts for the Consol. idated Supply Program.

§ 24–1.202-10 Nonpersonal services.

“Nonpersonal services” means those services rendered by non-Government firms, institutions or persons through contract or agreement with the Department of Housing and Urban Development wherein no employee-employer relationship exists. $ 24-1.202-11 Ratification.

"Ratification” means a subsequent confirmation in writing by an authorized HUD official of the placement of the type of order referred to in HUDPR 24-1.405 by a HUD official not authorized to do so. $24–1.202-12 Primary organization heads.

"Primary Organization Heads” are those officials of the Department who are responsible for the major organizational components of HUD and who report directly to the Secretary or Under Secretary. The Primary OrganiZation Heads of HUD are: Assistant Secretary(ies), the General Counsel, the Deputy Under Secretary(ies), Fed

eral Insurance Administrator, New (c) Other Federal Agencies as Communities Administrator, Federal sources. The Department may enter Disaster Assistance Administrator, In into agreements (called Interagency spector General and Regional Agreements) with other Departments Administrator(s).

or Agencies of the Federal Govern

ment to acquire supplies or services Subpart 24-1.3—General Policies

that are available from such other

Agencies. § 24-1.301 Scope of subpart.

8 24-1.302-3 Contracts between the DeThis subpart sets forth Department partment and Government employees. al policies which are applicable to all

Both prime contracts between the procurements and provides general

Government and its employees or guidance on matters which include but

business organizations substantially are not limited to public information

owned or controlled by Government and disputes procedures.

employees, as well as any and all sub

contracts thereunder, will not know8 24-1.302 Procurement sources.

ingly be entered into, except in those 8 24-1.302–1 General.

cases in which the needs of the Gov

ernment cannot reasonably be otherThe procurement of supplies and

wise supplied. The specific approval of services may be obtained from the fol

the Assistant Secretary for Adminislowing:

tration must be obtained for any such (a) Government sources. Procure

contract or subcontract. ment of certain supplies and services may be effected by orders on Govern $ 24-1.313 Records of contract actions. ment sources referred to in 41 CFR 1

Each procuring activity within HUD 1.302-1. It is the policy of the Depart

shall maintain an official record for ment that following methods of pro

each contract and purchase order curement be utilized to the maximum

issued. Each official procurement nxtent practicable, in accordance with

record shall constitute an independent applicable laws and regulations:

history, documented to provide a com(1) Excess and surplus stocks in the

plete chronology of all actions taken hands of any Government agency;

and shall contain all preaward and (2) Federal Supply Schedules;

postaward actions in sufficient detail (3) General Services Administration

to explain and support the judgments Stores Stock;

of the Contracting Officer. In addi(4) Federal Supply Service Consoli

tion, official procurement records dated Purchase Programs;

shall contain written documentation (5) Federal Prison Industries, Inc.; of all understandings, oral agreements

and any other information pertinent (6) National Industries for the Blind. to the transaction in the manner pre(b) Sources outside the Government. scribed by each procuring activity. Irrespective of whether the procurement of supplies or services from $24-1.318 Disputes. sources outside the Government is to be effected by formal advertising or by

§ 24-1.318-1 Disputes clause. negotiation, competitive proposals Every contract awarded by the De(“bids” in the case of procurement bypartment shall contain a Disputes formal advertising, “proposals” in the Clause, as set forth in 41 CFR 1-7.102case of procurement by negotiation) shall be solicited from all such qualified sources as are deemed necessary

8 24-1.318-2 Contracting officer's decision by the Contracting Officer to assure

under a disputes clause. such full and free competition as is When a disagreement of fact arising consistent with the procurement of under the contract cannot be settled the types of supplies and services nec- by agreement between the contractor essary to meet the Department's re- and the Contracting Officer, the Conquirements.

tracting Officer shall then review all

and

pertinent facts and issue a written tion of Contracting Officer's authority final decision under the Disputes includes clear statements of such auClause. Such final decision must repre- thority, responsibilities and limitasent the independent judgment of the tions. Contracting Officer and shall contain language substantially in accord with 8 24-1.404-2 Designation. that set forth in 41 CFR 1-1.318-1. A

Except for disaster-related activities copy of each Contracting Officer's de

and unusual circumstances as detercision under the Disputes Clause shall

mined by the appropriate delegating be furnished to the contractor by cer

and redelegating authority, it is the tified mail, return receipt requested,

Department's policy to delegate Conor in person, obtaining a receipt there

tracting Officer authority by position for.

rather than on an individual basis. For 8 24-1.318-3 HUD Board of Contract Ap

those delegations of Contracting Offipeals.

cer authority issued by name under

the unusual circumstances mentioned The HUD Board of Contract Ap

in the exception above, a time limitapeals has been established to hear,

tion of one year shall be made a part consider, and determine appeals from

of the delegation of authority. All desdecisions of Contracting Officers pur

ignations of Contracting Officers shall suant to the clause entitled, “Dis

be made in writing and published in putes” of the contract. The HUD con the FEDERAL REGISTER. Except in those tract appeal procedure is set forth in

instances where the redelegation of 24 CFR Part 20.

authority specifically includes the au

thority for further redelegation to Subpart 24-1.4-Procurement subordinate positions, no other delega

Responsibility and Authority tions or redelegations may be made. § 24–1.400 Scope of subpart.

§ 24-1.404-3 Termination of designation. This subpart deals with the place. The established Contracting Officer ment of procurement authorities and authority exists as follows: responsibilities within the Depart (a) Automatic termination. Unless ment, the selection and designation of the delegation of authority of a ConContracting Officers and the authori. tracting Officer contains provision for zation of procuring activities.

automatic termination, the delegation

shall remain effective, unless revoked $ 24-1.402 Responsibility of the Chief Offi. by the appropriate delegating authoricer responsible for procurement.

ty. The authority of individuals desigThe chief officer responsible for pro- nated as Contracting Officers by curement shall establish procurement

virtue of their position will be termipolicy throughout the Department nated upon their reassignment to anand monitor the overall effectiveness other position in the Department or and efficiency of the Department's upon termination of their employprocuring activities. The person exer

ment. cising this authority shall establish (b) Revocation. The delegation of adequate controls to assure compli authority for a Contracting Officer ance with applicable laws, regulations

may be revoked in writing at any time and procedures.

by the delegating authority but no

such revocation shall operate retroac$ 24-1.404 Selection, designation and ter. tively. Revocation of the delegation

mination of designation of contracting shall be published in the FEDERAL REGofficers.

ISTER.

(c) Succession of authority. Persons $ 24-1.404–1 Selection.

who succeed to a position designated In addition to the requirements set as a Contracting Officer shall assume forth in 41 CFR 1-1.404-1, the appro- responsibility for the administration priate delegating or redelegating au- of all contracts entered into by their thority shall assure that the delega- predecessors.

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