(6) Code 55-aircraft rental (for firefighting purposes only) contract;

(7) Code 56-personal equipment rental (rental of vehicular equipment for firefighting purposes only) contract;

(8) Code 57-leasehold interest in real property contract

(b) Ordering Office. This four-position alpha-numeric code corresponds to the last four characters of the contracting office's GSA assigned FEDSTRIP requisitioner number.

(c) Fiscal Year. This one-position code corresponds to the last digit of the fiscal year in which the contract becomes effective.

(d) Control Number. This up-to-five position code (from one to five characters may be used) will be assigned by the contracting office. While contracts will generally be numbered consecutively (1 through 99999), contracting of

fices may assign codes in any manner of their choosing. Codes may not be repeated, however, unless one of the preceding data elements (transaction code, ordering office, or fiscal year) changes. Alpha, as well as numeric, characters may be used in any one or more of the five positions.

[49 FR 12114, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10, 1985]

Subpart 404.70-Precontract Notices

404.7001 Solicitation provision.

The contracting officer shall insert a provision substantially the same as the provision at 452.204-71, Inquiries, in all solicitations.

[53 FR 6062, Feb. 29, 1988]

PART 405-PUBLICIZING CONTRACT ACTIONS

Subpart 405.4 Release of Information

Sec.

405.404-1 Release procedures.

Subpart 405.5-Paid Advertisements

405.502 Authority.

AUTHORITY: 5 U.S.C. 301 and 40 U.S.C.

486(c).

SOURCE: 49 FR 12115, Mar. 28, 1984, unless otherwise noted.

Subpart 405.4-Release of
Information

405.404-1 Release procedures.

(a) HCA's shall establish procedures to control the release of long-range acquisition estimates as authorized under FAR 5.404-1.

(b) Classified information shall not be released without the approval of the Chief, Security and Employee Relations Staff, Office of Personnel.

[49 FR 12115, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10, 1985]

Subpart 405.5-Paid Advertisements

405.502 Authority.

HCA's are authorized to order the publication of an advertisement in newspapers. HCA's may redelegate this authority by regulation, order, or memorandum to subordinates within the contracting activity.

PART 406-COMPETITION REQUIREMENTS

Subpart 406.3-Other Than Full Open
Competition

406.302 Circumstances permitting other
than full and open competition.
406.302-70 Otherwise authorized by law.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c); and Sec. 1470, Pub. L. 95-113, 91 Stat. 1019 (7 U.S.C. 3316).

SOURCE: 51 FR 34566, Sept. 29, 1986, unless otherwise noted.

Subpart 406.3-Other Than Full and Open Competition

406.302 Circumstances permitting other than full and open competi tion.

406.302-70 Otherwise authorized by law.

(a) Authority. Section 1472 of the National Agricultural Research, Extension,and Teaching Policy Act of 1977 (7 U.S.C. 3318) authorizes the Secretary to award contracts, without competition, to further research, extension, or teaching programs in the food and agricultural sciences.

(b) Limitations. The use of this authority is limited to those instances where it can be determined that contracting without full and open competition is in the best interest of the Government and necessary to the accomplishment of a research, extension, or teaching program. Therefore:

(1) Contracts under the authority of the Act shall be awarded on the basis of full and open competition; and

(2) When full and open competition is not deemed apropriate, the contracting officer shall make a written justification on a case-by-case basis in accordance with the procedures in FAR 6.303.

Subpart 407.1-Acquisition Plans 407.102 Policy.

Each HCA shall develop an acquisition planning system in compliance with the requirements of FAR Subpart 7.1 for complex/high dollar acquisitions. The HCA should establish the criteria for requiring formal written plans and determine the dollar thresholds for use in each contracting activity that will ensure application of the principles of this section in FAR Subpart 7.1.

407.170 Advance acquisition plans.

Each HCA shall implement an advance acquisition planning system in accordance with procedures in Departmental Directives (5000 series).

[49 FR 12115, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10, 1985]

Subpart 407.3-Contractor Versus

Government Performance

407.302 General.

The requirements of FAR Subpart 7.3 and OMB Circular A-76 are implemented in Departmental Directives (2100 series).

[50 FR 14197, Apr. 10, 1985]

407.305 Solicitation provision and contract clause.

The contracting officer shall insert the clauses at 452.207-70, Definition of "Right of First Refusal", and 452.20771, Report of Employment Under Commercial Activities, when the clause at FAR 52.207-3, Right of First Refusal of Employment, is used.

[53 FR 6063, Feb. 29, 1988]

PART 408-REQUIRED SOURCES OF SUPPLIES AND SERVICES

AUTHORITY: 5 U.S.C. 301 and 40 U.S.C.

486(c).

Subpart 408.8—Acquisition of Printing and Related Suppies

408.802 Policy.

(a) The Office of Governmental and Public Affairs (OGPA) has been des

ignated as the Department's liaison with the Joint Committee on Printing (JCP) and the Public Printer, Government Printing Office, on all matters related to printing.

(b) Departmental organizations and offices with publication programs have designated a publication liaison officer who is authorized to coordinate appropriate printing and publication matters with OGPA.

(c) Prior to contracting for any of the items defined in FAR 8.801, the contracting officer shall verify that the requisite approval has been received by the publication liaison officer or requisitioner.

[49 FR 12115, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10, 1985]

and Surplus Removal Program (42 U.S.C. 1755 and 7 U.S.C. 612C), the Department Debarring Officer has delegated debarring authority to the Agricultural Marketing Service.

409.404 Consolidated list of debarred, suspended, and ineligible contractors.

(a) The Department Debarring Officer is the department's single point of contact with GSA for debarment and suspension actions taken under this subpart. The debarring officer in the Agricultural Marketing Service shall notify the Department Debarring Officer of each debarment and suspension action by promptly submitting a copy of the debarment or suspension notice and any later changes to the debarment or suspension status. The Department Debarring Officer will forward a copy of each notice to GSA for inclusion in the Government-wide consolidated list.

(b) The Chief, Procurement Division, Office of Operations, is responsible for arranging bulk distribution of the consolidated list to contracting activities under the USDA Automated Mailing List. Contracting activities must make their own internal distribution.

409.405 Effect of listing.

Compelling reasons are considered to be present where failure to contract with the debarred or suspended contractor would seriously harm the agency's programs and prevent accomplishment of mission requirements. The Director, Office of Operations, is authorized to make the determinations under FAR 9.405. Requests for such determinations shall be submitted through the HCA to the Director, Office of Operations.

409.405-1 Continuation of current contracts.

The HCA is authorized to make the determinations under FAR 9.405-1.

409.405-2 Restrictions on subcontracting.

The HCA is authorized to approve subcontracts with debarred or suspended subcontractors under FAR 9.405-2.

(a) Investigation and referral. When a contracting officer becomes aware of possible irregularities or any information which may be sufficient cause for debarment, the case shall be immediately referred through the HCA to the debarring official. The case must be accompanied by a complete statement of the facts (including a copy of any criminal indictments, if applicable) along with a recommendation for action. Where the statement of facts indicates the irregularities to be possible criminal offenses, or for any other reason further investigation is considered necessary, the matter shall be referred to the HCA who should consult with the Office of Inspector General to determine if further investigation is required prior to referring to the debarring official.

(b) Decision-making process. If, after reviewing the recommendations and consulting with the Office of Inspector General and Office of the General Counsel, as appropriate, the debarring official determines debarment is justified, the debarring official shall initiate the proposed debarment in accordance with FAR 9.406-3(c) and notify the HCA of the action taken.

(c) Fact-finding proceedings. For actions listed under FAR 9.406-3(b)(2), the contractor shall be given the opportunity to appear at an informal hearing. The hearing should be held at a location and time that is convenient to the parties concerned, if at all possible. The contractor and any specifically named affiliates may be represented by counsel or any duly authorized representative. Witnesses may be called by either party. The proceedings shall be conducted expeditiously and in such a manner that each party will have an opportunity to present all information considered pertinent to the proposed debarment. The contractor shall be provided a copy of a transcript of the proceedings under the conditions established in FAR 9.406-3(b)(2)(ii).

409.407 Suspension.

409.407-3 Procedures.

(a) Investigation and referral. When a contracting officer becomes aware of possible irregularities or any information which may be sufficient cause for suspension, the case shall be immediately referred through the HCA to the debarring official. The case must be accompanied by a complete statement of the facts along with a recommendation for action. Where the statement of facts indicates the irregularities to be possible criminal offenses, or for any other reason further investigation is considered necessary, the matter shall be referred to the HCA who should consult with the Office of Inspector General to determine if further investigation is required prior to referring to the debarring official.

(b) Decision-making process. If, after reviewing the recommendations and consulting with the Office of Inspector General and Office of the General Counsel, as appropriate, the debarring official determines suspension is justified, the debarring official shall initiate the proposed suspension in accordance with FAR 9.407–3(c) and notify the HCA of the action taken.

(c) Fact-finding proceedings. For actions listed under FAR 9.407-3(b)(2), the contractor shall be given the opportunity to appear at an informal hearing, similar in nature to the hearing for debarments as discussed in 409.4063(c).

409.470 Appeals.

A debarred or suspended contractor may appeal the debarring officer's decision by mailing or otherwise furnishing a written notice within 90 days from the date of the decision to the U.S. Department of Agriculture Board of Contract Appeals, Washington, DC 20250. A copy of the notice of appeal shall be furnished to the debarring officer from whose decision the appeal is taken. Appeals under Subpart 409.4 shall be governed by the rules and procedures of the U.S. Department of Agriculture Board of Contract Appeals set forth in 7 CFR, Part 24.

(a) The Director, Office of Operations, is authorized to waive any general rule or procedure in FAR 9.5 when in the Government's interest.

(b) Requests for waiver shall be made by the HCA. Each request shall include:

(1) The general rule or procedure proposed to be waived;

(2) An analysis or the potential conflict, including the benefits and detriments to the Government and prospective contractors;

(3) A discussion of why the conflict cannot be avoided, neutralized, or mitigated; and

(4) Advice of counsel obtained under FAR 9.504(b).

The contracting officer shall insert a clause substantially the same as the clause at 452.209-70, Organizational Conflict of Interest, in solicitations and contracts, if there is a potential for an organizational conflict of interest as described in FAR Subpart 9.5. [53 FR 6063, Feb. 29, 1988] 409.507 Procedures.

(a) The Director, Office of Operations, is authorized to make the final decision under FAR 9.507(c)(4) when a prospective contractor disagrees with the decision by the HCA.

(b) Referrals shall be made by the HCA and include:

(1) A copy of the prospective contractor's request; and

(2) The initial decision made under FAR 9.507(a), along with the supporting documentation.