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250,000 Other than research and development
250,000 National Institute of Dental Research
250.000 National Institute of Arthritis, Metabolism and Digestive Diseases
750,000 Centralized procuring activity for all other National Institutes of Health Re-

search Organizations
250,000 Procurement Branch, Division of Procurement, ORS

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Director, Division of Procurement.
Director, Division of Contracts and
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Director, Division of Procurement.

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assuring that the reviewer is knowledgeable in the acquisition field and has sufficient expertise to perform a comprehensive review and to make cogent recommendations to the review

ing official for actions exceeding the dollar amounts stated in this subpart. The reviewing official shall approve each proposed contract award that is reviewed.

SUBCHAPTER B-ACQUISITION PLANNING

PART PHS 305-PUBLICIZING

CONTRACT ACTIONS

PART PHS 306-COMPETITION

REQUIREMENTS

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

Subpart PHS 306.3-Other Than Full and

Open Competition

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Sec.
PHS 306.304 Approval of the justification.

Subpart PHS 306.5-Competition

Advocates

PHS 306.502 Duties and responsibilities.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

SOURCE: 51 FR 20487, June 5, 1986, unless otherwise noted.

Subpart PHS 305.2-Synopses of

Proposed Contract Actions PHS 305.202 Exceptions.

(b) A determination and finding has been executed by the Acting Assistant Secretary for Health after concurrence by the Administrator of the Office of Federal Procurement Policy and the Administrator of the Small Business Administration, which exempts for the period September 30, 1985 through Sep tember 29, 1988, certain acquisitions with the National Academy of Sciences (NAS) from the synopsis requirements set forth in FAR 5.201. This exemption is applicable only to acquisitions where NAS is the only source which can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the program requirements. To ensure that this exemption will be used only when ap propriate, the agency competition advocate shall certify, prior to award, each acquisition with NAS which is not synopsized regardless of the dollar value. The certification must state that only NAS can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the program needs. (51 FR 20487, June 5, 1986)

Subpart PHS 306.3-Other Than

Full and Open Competition PHS 306.304 Approval of the justifica

tion. (a)(3) The Deputy Assistant Secretary for Health, Operations, PHS, is designated as the approving official referenced in FAR 6.304(a)(3) and 306.304(a)(3).

Subpart PHS 306.5-Competition

Advocates

PHS 306.502 Duties and responsibil

ities (b) The competition advocates for the PHS activities shall coordinate their efforts with the PHS competition advocate, the Deputy Assistant Secretary for Health Operations.

SUBCHAPTER C-CONTRACTING METHODS AND CONTRACT

TYPES

PART PHS 314-FORMAL

ADVERTISING

PART PHS 315-CONTRACTING BY

NEGOTIATION

Subpart PHS 314.4-Opening of Bids and

Award of Contract

Subpart PHS 315.4-Solicitation

and Receipt of Proposals and Quotations

Sec.
PHS 314.406 3 Other mistakes disclosed be-

fore award.
PHS 314.4064 Mistakes after award.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

Subpart PHS 314.4-Opening of

Bids and Award of Contract

PHS 314.4063 Other mistakes dis

closed before award. (g)(3) In addition to the requirement in 314.406-3(g)(3), a copy of the data required by FAR 14.406-3(g)(3) shall be sent to the Office of General Counsel, Business and Administrative Law Division, Parklawn Building, Room 17A-32, 5600 shers Lane, Rockville, MD 20857. An information copy of the contracting officer's written statement of facts and circumstances shall be provided to the Contracts Management Branch, DGC/ ORM/OM/PHS.

PHS 315.412 Late proposals and modi.

fications. (c)(1) When the principal official responsible for acquisition determines that certain classes of biomedical or behavioral research and development acquisitions should be subject to conditions other than those specified in FAR 52.215-10, Late Submissions, Modifications and Withdrawals of Proposals, hel she may authorize the use of the provision in PHS 352.215-10 in addition to the provision at FAR 52.215–10.

(2) When the provision in PHS 352.215-10 is included in the solicitation and a proposal is received after the exact time specified for receipt, the contracting officer, with the assistance of cost and technical personnel, shall make a written determination as to whether the proposal meets the requirements of the provision at PHS 352.215–10 and, therefore, can be considered.

(51 FR 20488, June 5, 1986)

PHS 314.406 4 Mistakes after avard.

(e)(2) The data shall be submitted as prescribed in PHS 314.406-3(g)(3). (51 FR 20488, June 5, 1986)

(51 FR 43357, Dec. 2, 1986; 51 FR 45229, Dec. 17, 1987, as amended at 52 FR 44397, Nov. 19, 1987)

SUBCHAPTER D-SOCIOECONOMIC PROGRAMS

PART PHS 323-ENVIRONMENT,

CONSERVATION, AND OCCUPATIONAL SAFETY

Subpart PHS 323.70—Safety and Health

Sec.
PHS 323.7000 Scope of subpart.
PHS 323.7001 General.
PHS 323.7002 Policy.
PHS 323.7003 Actions required.
PHS 323.7004 Contract clause.
PHS 323.7005 Solicitation notice-construc-

tion.
AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

SOURCE: 51 FR 20488, June 5, 1986, unless otherwise noted.

Subpart PHS 323.70-Sately and

Health

PHS 323.7000 Scope of subpart.

This subpart prescribes the use of a safety and health clause in contracts involving hazardous material or operations, and procedures for developing and administering safety and health provisions. PHS 323.7001 General.

Various statutes and regulations (e.g., Walsh-Healey Act; Service Contract Act) require adherence to minimum safety and health standards by contractors engaged in potentially hazardous work. Positive action to reduce accidents and conditions hazardous to health under all contracts is in the Government's interest since the cost of such accident and health hazards is borne by the Government through higher prices and sometimes by direct indemnification of contractors against liability claims.

ing activity shall require the prime contractor and subcontractors to:

(1) Provide protection for the life and health of PHS employees, contractor employees, other persons involved with work on PHS programs and projects, and the public;

(2) Avoid accidental work interruptions which could delay progress of PHS programs and project;

(3) Maintain controls for the prevention of damage and loss to property; and

(4) Accumulate and provide data necessary for analysis of risk and loss factors relating to PHS programs and projects. PHS 323.7003 Actions required.

(a) Contracting activities. Contracting activities shall use the clause set forth in PHS 352.223–70 as a guide in develop ing appropriate safety and health clauses for use in prospective contracts involving the following:

(1) Services or products;

(2) Research, development, or test projects;

(3) Transportation of hazardous materials; and

(4) Construction, including construction of facilities on the contractor's premises.

(b) Safety officers. OPDIV safety officers shall advise and assist initiators of acquisition requests and contracting officers in:

(1) Determining whether safety and health provisions should be included in a prospective contract;

(2) Selecting or developing safety and health clause provisions for incorporation in a prospective contract;

(3) Evaluating a prospective contractor's safety and health programs; and

(4) Conducting post-award review and surveillance to the extent deemed necessary.

(c) Initiators. Initiators of acquisition requests for items described in paragraph (a) of this section shall:

(1) During the preparation of a request for contract, and in the RFP or IFB:

(i) Ensure that hazardous materials and operations to be utilized in the per

PHS 323.7002 Policy.

(a) The guidance contained in FAR Subpart 23.3 shall be used for hazardous material as the primary reference. When that guidance is judged insufficient or does not meet the safety and health situation in the instant acquisition, this subpart shall be followed.

(b) Whenever the performance of a contract will require use of hazardous materials or operations, the contract

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