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tion, or removal) of residential structures. This clause may be used in contracts for other than residential structures.

award to the design firm is required; an analysis of the facts involving potential or actual organizational conflicts of interest including benefits and detriments to the Government and the prospective contractor; and the measures which are to be taken to avoid, neutralize, or mitigate conflicts of interest.

436.572 Use of premises.

The contracting officer shall insert the clause at 452.236-72, Use of premises, if the contractor will be permitted to use land or premises administered by USDA.

Subpart 436.3-Sealed Bidding

436.370 Additive or deductive items.

(a) When it appears that funds available for a project may be insufficient for all the desired features of construction, the contracting officer may provide in the solicitation for a base bid item covering the work generally as specified and for one or more additive or deductive bid items which progressively add or omit specified features of the work in a stated order or priority. In such case, the contracting officer shall insert the provision at 452.236–70, Additive or Deductive Items, in solicitations for construction. (49 FR 12127, Mar. 28, 1984, and 50 FR 14197, Apr. 10, 1985, as amended at 53 FR 6067, Feb. 29, 1988)

436.573 Archeological or historic sites.

The contracting officer shall insert the clause at 452.236–73, Archeological or Historic Sites, if the contractor will be working in an area where such sites may be found. Use of the clause is optional in service contracts for on-theground work, e.g. reforestation, silvicultural, land stabilization, or other agricultural-related projects.

436.574 Control of erosion, sedimenta

tion, and pollution. The contracting officer shall insert the clause at 452.236–74, Control of Erosion, Sedimentation and Pollution, if there is a need for applying environmental controls on the performance of work. Use of the clause is optional in service contracts for on-the-ground work; e.g., reforestation, silvicultural, land stabilization, or other agricultural-related projects.

Subpart 436.5-Contract Clauses

SOURCE: 53 FR 6067, Feb. 29, 1988, unless otherwise noted.

436.575 Maximum workweek-con

struction schedule. The contracting officer shall insert the clause at 452.236–75, Maximum Workweek-Construction Schedule, if a specific workweek schedule that is limited to a maximum number of hours is needed.

436.570 Scope.

This subpart prescribes clauses for insertion in USDA solicitations and contracts for construction and for dismantling, demolition, or removal of improvements or structures. The contracting officer shall use the clauses as prescribed, in contracts that exceed the small purchase limitation. The contracting officer may use the clauses if the contract amount is expected to be within the small purchase limitation. 436.571 Prohibition Against the Use of

Lead-Based Paint. The contracting officer shall insert the clause at 452.236-71, Prohibition Against the Use of Lead-Based Paint, in solicitations and contracts, if the work involves construction or rehabilitation (including dismantling, demoli

436.576 Samples and certificates.

The contracting officer shall insert the clause at 452.236–76, Samples and Certificates, in all contracts.

436.577 Emergency control.

A Forest Service contracting officer shall insert the clause at 452.236–77, Emergency Control, in Forest Service construction contracts.

or

436.578 Forest Service Standard Speci. 436.602–2 Evaluation boards.

fications for Construction of Roads and Bridges.

HCA's shall establish procedures for

providing permanent or ad hoc archiForest Service contracting officers tect-engineer evaluation boards as preshall insert the clause at 452.236–78, scribed in FAR 36.602–2. Procedures Forest Service Standard Specifications may provide for the appointment of for Construction of Roads and Bridges, private practitioners of architecture, in Forest Service construction con- engineering, related professions tracts that incorporate the standard when such action is determined by the specifications.

HCA to be essential to meet the Gov

ernment's minimum needs. 436.579 Opted Timber Sale Road Requirements.

436.602–3 Evaluation board functions. Forest service contracting officers

(a) Firms shall be evaluated in acshall insert the clause at 452.236–79, cordance with the criteria in 436.602-1, Opted Timber Sale Road Requirements, as applicable, as well as the criteria in in Forest Service road construction

FAR 36.602–1. contracts resulting from a timber sale

(b) The selection report required in turnback.

FAR 36.602–3(d) shall be prepared for

the approval of the HCA. The HCA may Subpart 436.6-Architect-Engineer

authorize an acquisition official above Services

the level of the contracting officer to

execute the required approval. 436.602 Selection of firms for archi- (49 FR 12127, Mar. 28, 1984, as amended at 50 tect-engineer contracts.

FR 14200, Apr. 10, 1985) 436.602-1 Selection criteria.

436.602–4 Selection authority. (a) In addition to the selection cri

The HCA shall serve as the selection teria under FAR 36.602-1(a), the follow

authority in accordance with FAR ing criteria shall be used in the evalua

36.602–4. The HCA may authorize an action of each potential contractor when

quisition official above the level of the applicable to a particular acquisition:

contracting officer to serve as the se

lection authority. (1) Computer-assisted design capability and capacity (where such design is 436.602-5 Short selection processes for required)

contracts not to exceed $10,000. (2) Adequacy of facilities for perform

The selection process prescribed in ance of the work including those nec

FAR 36.602–5(a) shall be used for archiessary to provide specialized services

tect-engineer contracts not expected to that may be required.

exceed $10,000. (3) Volume and nature of present workload as it relates to the ability to 436.603. Collecting data on and apperform the work required.

praising firms qualifications. (4) Experience and qualifications of

(a) HCA's which require architect-enproposed key personnel including spe- gineer services shall establish procecialized technical skills, project coordi- dures to comply with the requirements nation and management skills, and ex- of FAR 36.603. perience in working together as (b) Copies of procedures established team.

under (a) above shall be submitted to (5) Availability of additional contrac- the Director, Office of Operations, for tor personnel or consultants to support review and comment. The procedures expansion acceleration the shall include a list of names, addresses, project.

and phone numbers of offices or boards (6) Other specific criteria as may be assigned to maintain architect-engirequired.

neer qualification data files. The list (b) HCA's are authorized to approve

shall be updated annually. the use of design competition under the

(49 FR 12127, Mar. 28, 1984, as amended at 50 conditions in FAR 36.602-1(b).

FR 14200, Apr. 10, 1985)

a

or

of

436.604 Performance evaluation.

(a) HCA's shall establish procedures to evaluate architect-engineer contractor performance including instructions for review of the evaluation report (SF-1421) as prescribed in FAR 36.604 and 36.702(C).

(b) Performance reports shall be distributed to the HCA for filing, distribution points in FAR 36.604(c), and other points required by internal procedures. 436.606 Negotiations.

Whenever a proposal is solicited from an architect-engineer firm selected for negotiation, the contracting officer shall include in the request for proposal a reference to 436.209 as required by FAR 36.606(c).

(b) 7 U.S.C. 1627 authorizes the Secretary of Agriculture to contract with technically qualified persons, firms or organizations to perform research, inspection, classification, technical, or other special services, without regard to the civil-service laws, Provided, it is for a temporary basis and for a term not to exceed six months in any fiscal year.

PART 437-SERVICE CONTRACTING

Subpart 437.1-Service Contracts

General

Sec. 437.104 Personal services contracts. 437.110 Solicitation provisions and contract

clauses.

Subpart 437.2–Consulting Services 437.205 Management controls. 437.270 Solicitation and Contract clauses.

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

SOURCE: 50 FR 14200, Apr. 19, 1985, unless otherwise noted.

437.110 Solicitation provisions and

contract clauses. (a) The contracting officer shall insert a clause substantially the same as the clause at 452.237-70, Loss, Damage, Destruction of Repair, in contracts for equipment rental, whether the equipment is furnished with or without operator.

(b) The contracting officer shall insert a provision substantially the same as the clause at 452.237–71, Pre-Bid PreProposal Conference, in all solicitations if a conference with prospective offerors will be held prior to the submittal of bids or proposals.

(c) The contracting officer shall insert a provision substantially the same as the clause at 452.237–72, Pre-Bid PreProposal Conference and Site Visit, in solicitations when a pre-proposal conference and site visit will be used. Use of the provision, or one substantially the same, is optional for construction solicitations.

(d) The contracting officer shall insert the provision at 452.237–73, Equipment Inspection Visit, in solicitations if work is to be done on Government equipment and an offeror's inspection is encouraged for an understanding of the work to be performed prior to submittal of bids or proposals.

(e) The contracting officer shall insert a clause substantially the same as the clause at 452.237–74, Key Personnel, in contracts if contract performance requires identification of the contractor's key personnel.

(f) The contracting officer shall insert a clause substantially the same as the clause at 452.237–75, Restrictions Against Disclosure, in service contracts (including architect-engineer contracts) requiring restrictions on release of information developed or ob

Subpart 437.1-Services

Contracts-General

437.104 Personal services contracts.

USDA has the following specific statutory authorities to contract for personal services:

(a) Section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) authorizes contracting with persons or organizations on a temporary basis (without regard to civil service compensation and classification standards in 5 U.S.C., Chapter 51 and Subchapter III of Chapter 53, Provided:

(1) That no expenditures shall be made unless specifically provided for in the applicable appropriation, and

(2) The expenditure does not exceed any limitations prescribed in the ap propriation.

tained in connection with performance of the contract. (53 FR 6068, Feb. 29, 1988)

Subpart 437.2-Consulting

Services

437.205 Management controls.

Contracts for consulting services are subject to the management controls and procedures in Departmental Regulations (5000 series).

437.270 Solicitation and Contract

clauses. (a) The contracting officer shall insert a clause substantially the same as the clause at 452.237–76, Progress Reporting, in all contracts for consulting service. It may also be used in other service contracts.

(b) The contracting officer shall insert the clause at 452.237–77, Identification of Contract Deliverables, in contracts for consulting services that require reports.

(c) The contracting officer shall insert a clause substantially the same as the clause at 452.237–78, Contracts with Consulting Firms for Services, in solicitations and for consulting services which prohibit follow-on contracts with the contracting firm. (53 FR 6068, Feb. 29, 1988)

contracting authority, may acquire automatic data processing (ADP) resources (as that term is defined in the Federal Information Resources Management Regulation, FIRMR, 41 CFR Part 201-2) up to the following blanket limitations, unless the limits have been amended in either an HCA's general delegation or under a special delegation. These limits are applicable to contracts which are awarded in accordance with the policies and procedures contained in FAR Subpart 6.1, 6.2, and 6.3.

(1) ADP equipment. HCA's may acquire ADP equipment (ADPE) if the

chase price does not exceed $250,000 or the basic monthly rental charges (including maintenance) do not exceed $100,000 annually. An upgrade or augmentation to existing ADPE may be acquired under blanket authority if the cumulative purchase value of the initial ADPE plus any features or devices to be added does not exceed $250,000.

(2) ADP services. HCA's may acquire ADP services if the contract amount does not exceed $200,000 annually.

(3) ADP maintenance services. HCA'S may acquire ADP maintenance services if the contract amount does not exceed $100,000 annually.

(4) ADP software. HCA's may acquire commercial software if the contract amount does not exceed $100,000 for purchase or annual rental.

(5) ADP support services. HCA's may acquire ADP support services if the contract amount does not exceed $300,000 annually.

(6) ADP supplies. HCA's may acquire related ADP supplies in any amount under specific purchase programs established by GSA or, absent a GSA program, in the open market.

(7) ADP systems. HCA's may acquire ADP equipment, services, maintenance, software, and support services in any combination via one contract for a system configuration, if the individual limits specified in paragraphs (a)(1), (2), (3), (4), and (5) of this section are not exceeded.

(b) HCA's may acquire ADP resources from GSA requirements-type or schedule contracts up to the limits set forth in FIRMR 201–23.104 and in accordance

PART 438-(RESERVED)

PART 439-MANAGEMENT, ACQUI

SITION, AND USE OF INFORMATION RESOURCES

Subpart 439.70-Delegation of Acquisition

Authority

Sec. 439.7001 Blanket delegations of authority. 439.7002 Special delegations of authority.

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

Subpart 439.70-Delegation of

Acquisition Authority 439.7001 Blanket delegations of au

thority. (a) Each HCA, to whom the Director, 00, has granted a general delegation of

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