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CHAPTER 4—DEPARTMENT OF

AGRICULTURE

NOTE: Nomenclature changes affecting this Chapter appear at 43 FR 28492, June 30, 1978.

Part

4-1 4-2

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Page 278 305 313 329 355 365 366 378 381 383 394 395 395

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General.......
Procurement by formal advertising ............
Procurement by negotiation....

...............
Special types and methods of procurement.
Special and directed sources of supply.
Foreign purchases ...........
Contract clauses......
Termination of contracts .......
Bonds and insurance.....................
Labor.........
Inspection and acceptance ...........
Contract cost principles and procedures ..........
Procurement forms
Extraordinary contractual actions to facilitate the

national defense ...........
Procurement of construction ..........
Contract financing ............
Disputes and appeals ...................

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4-18 4-30 4-50

402 403 415 416

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30-104 0–79

-19

PART 4-1-GENERAL

Sec. 4-1.315 Use of liquidated damages provi.

sion in procurement contracts. 4-1.315-2 Policy. 4-1.315-3 Contract provisions. 4-1.316 Time of delivery or performance. 4-1.316-2 General. 4-1.350 Procurement identification system. 4-1.350-1 Purchase order/delivery order

numbering system. 4-1.350-2 Contract numbering system. (Re

served)

Sec.
4-1.000 Scope of part.

Subpart 4-1.0-Regulation System 4-1.001 Scope of subpart. 4-1.002 Purpose. 4-1.003 Authority. 4-1.004 Applicability. 4-1.004-2 of Federal Procurement Regula

tions. 4-1.004-3 Of Agriculture Procurement

Regulations. 4-1.005 Exclusions. 4-1.006 Issuance. 4-1.006-1 Code arrangement. 4-1.006-2 Publication. 4-1.006-3 Copies. 4-1.007 Arrangement. 4-1.007-1 General plan. 4-1.007-2 Numbering. 4-1.007-3 Citation. 4-1.008 Agency implementation. 4-1.009 Deviation. 4-1.009-1 Description. 4-1.009-2 Procedure. 4-1.050 Relationship of AGPR to the FPR. 4-1.051 Administrative Regulations. 4-1.052 Federal Property Management

Regulations. 4-1.053 Agriculture Property Management

Regulations. 4-1.054 Agriculture Grant and Agreement

Regulations.

Subpart 4-1.4—Procuroment Responsibility and

Authority 4-1.400 Scope of subpart. 4-1.401 Responsibility of the head of the

procuring activity. 4-1.402 Authority of contracting officers. 4-1.403 Requirements to be met before en

tering into contracts. 4-1.404 Selection, designation, and termi

nation of designation of contracting offi

cers. 4-1.404-1 Selection. 4-1.404-2 Designation. 4-1.450 Requests for special contracting

authority. 4-1.451 Procurement by the Office of Op

erations and Finance. 4-1.452 Personal interest in contracts. 4-1.453 Delegation of authority for auto

matic data processing equipment, services, and related supplies.

Subpart 4-1.3-General Policies 4-1.302 Procurement sources. 4-1.302-1 General. 4-1.302-3 Contracts between the Govern

ment and Government employees or business concerns substantially owned

or controlled by Government employees. 4-1.305 Specifications. 4-1.305-3 Deviations from Federal specifi

cations. 4-1.305-50 Agency specifications. 4-1.305-51 Index to Federal Specifications

and Standards. 4-1.305-52 Availability of copies of specific

cations and standards. 4-1.306 Standards. 4-1.306-1 Mandatory use and application

of Federal Standards. 4-1.307 Purchase descriptions. 4-1.307-2 General requirements. 4-1.307-3 Commercial, and State and local

government specifications and stand

ards. 4-1.310 Responsible Prospective Contrac

tor. 4-1.310-5 Standards.

Subpart 4-1.6–Dobarrod, Suspended, and

Ineligible Bidders 4-1.600 Scope of subpart. 4-1.601 General. 4-1.601-1 Definitions. 4-1.602 Establishment and maintenance of

a list of concerns or individuals de

barred, suspended, or declared ineligible. 4-1.602-1 Bases for entry on the debarred,

suspended, and ineligible list. 4-1.603 Treatment to be accorded firms or

individuals in debarred, suspended, or

ineligible status. 4-1.604 Causes and conditions applicable to

determination of debarment by an ex

ecutive agency. 4-1.604-1 Procedural requirements relating

to the imposition of debarment. 4-1.605 Suspension of bidders. 4-1.605-1 Causes and conditions under

which executive agencies may suspend

contractors. 4-1.605-2 Period and scope of suspension. 4-1.605-4 Notice of suspension. 4-1.606 Agency procedure. 4-1.650 Foreign firms or individuals. 4-1.650-1 Purpose. 4-1.650-2 Policy. 4-1.650-3 Definitions.

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Sec. 4-1.650-4 Reports. 4-1.650-5 Action by Department Debarring

Officer. 4-1.650-6 Clearance of foreign firms or in

dividuals.

§ 4-1.000 Scope of part.

This part describes the methods by which the Department of Agriculture implements and supplements the Federal Procurement Regulations, and contains procedures which implement and supplement Part 1-1 of the Federal Procurement Regulations (FPR).

Subpart 4-1.0—Regulation System

Subpart 4-1.2-Small Business Concorns 4-1.703 Determination of status as a small

business concern. 4-1.703-2 Protest regarding small business

size status. 4-1.706 Procurement set-asides for small

business. 4-1.706-1 General. 4-1.706-2 Review of SBA set-aside propos

als. 4-1.706-5 Total set-asides. 4-1.706-6 Partial set-asides. 4-1.713 Contracts with the Small Business

Administration. 4-1.713-2 Policy.

Subpart 4-1.8—Labor Surplus Area Concerns 4-1.801 Definitions. 4-1.801-2 Labor surplus area. 4-1.804 Partial set-asides for labor surplus

area concerns. 4-1.804-1 General. 4-1.807 Records and reports.

SOURCE: 35 FR 14929, Sept. 25, 1970, unless otherwise noted. 8 4-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Department of Agriculture Procurement Reg. ulations (AGPR). (41 FR 26009, June 24, 1976) § 4-1.002 Purpose.

This subpart establishes chapter 4 of the Federal Procurement Regulations System, and describes the relationship of Chapter 4 to the FPR. § 4-1.003 Authority.

AGPR are issued under 5 U.S.C. 301 and 40 U.S.C. 486(c), or under other authority specifically cited. § 4-1.004 Applicability. 84-1.004-2 Of Federal Procurement Regu

lations. Procurement by the Department of Agriculture is subject to the FPR (Chapter 1 of this title) except as may be otherwise authorized by law.

Subpart 4-1.9–Reporting Possible Antitrust

Violations 4-1.901 General.

Subpart 4-1.11-Qualified Products 4-1.1101 Procurement of qualified prod

ucts. Subpart 4-1.13—Minority Business Enterprise 4-1.1302 Agency programs.

Subpart 4-1.16—Reports of Identical Bids 4-1.1601 General. 4-1.1603-2 Preparation of reports.

Subpart 4-1.23Environmental Protection 4-1.2302-3 Compliance responsibilities. 4-1.2302-4 Exemptions. 4-1.2302-5 Withholding award. 4-1.2302-50 List of violating facilities.

8 4-1.004-3 Of Agriculture Procurement

Regulations. AGPR are prescribed for application to procurement of administrative and operating supplies, equipment, and services, for consumption or use by the Department in carrying out its programs. Certain program functions of the Department are, by reason of special law, exempt from pertinent parts of these regulations; however, they shall be applicable to such functions, insofar as it is feasible, consistent with efficient program operations.

Subpart 4-1.50—Claims Against Contractors 4-1.5001 Time for filing complaints. 4-1.5002 Prompt reply to inquiries. AUTHORITY: 5 U.S.C. 301, 40 U.S.C. 486(c).

SOURCE: 29 FR 14264, Oct. 16, 1964, unless otherwise noted.

§ 4-1.007 Arrangement.

84-1.007-1 General plan.

The general plan, numbering system, and nomenclature used in the AGPR conform with FEDERAL REGISTER Standards approved for the FPR.

§ 4-1.005 Exclusions.

Certain Department procurement regulations which come within the scope of this chapter nevertheless may be excluded from AGPR. These exclusions include the following categories:

(a) Subject matter which bears a security classification.

(b) Subject matter which is expected to be effective for a period of less than 6 months.

(c) Subject matter which is being in. stituted on an experimental basis for a reasonable period.

§ 4-1.007-2 Numbering.

The numbering system permits identification of every unit. The first digit, “4”, represents the chapter allocated to the Department, followed by a dash. This is followed by the part number (which may be one or more digits) followed by a decimal point. The numbers after the decimal point represent respectively, the subpart, section (in two digits), and after the dash, subsection, paragraph, subparagraph, and further inferior divisions. For example, this division is called "g 4-1.007-2", in which the first digit denotes the chapter, the second the part, the third the subpart, the fourth and fifth the section, and the sixth the subsection.

§ 4-1.006 Issuance.
§ 4-1.006-1 Code arrangement.

AGPR are issued in the Code of Federal Regulations as Chapter 4 of Title 41, Public Contracts and Property Management, implementing and supplementing Chapter 1, which constitutes the FPR. § 4-1.006-2 Publication.

(a) AGPR are published in looseleaf form for distribution within the De. partment. Requests to be placed on the distribution list, or for extra copies, should be addressed to the Di. rector, Office of Operations and Fi. nance.

(b) Those parts of AGPR which are deemed necessary for business concerns, and others properly interested, to understand basic and significant Department procurement regulations which implement, supplement, or deviate from the FPR are published (in Title 41) in the FEDERAL REGISTER. Detailed instructions of interest primarily for internal agency guidance are not so published. (35 FR 14929, Sept. 25, 1970, as amended at 40 FR 6973, Feb. 18, 1975)

§ 4-1.007-3 Citation.

AGPR will be cited in accordance with approved FEDERAL REGISTER standards. Thus, this section should be cited as “41 CFR 4-1.0073." Any section of AGPR may be informally identified for purposes of brevity, as “AGPR” followed by the section number, such as “AGPR 4-1.007-3”. § 4-1.008 Agency implementation.

As portions of AGPR material are prescribed, agencies within the Department may publish in the FEDERAL REGISTER implementing regulations deemed necessary, as outlined in $ 41.006–2. Detailed instructions of interest primarily for internal agency guidance will not be published in the FEDERAL REGISTER. All implementing regulations shall be prepared to conform with FPR style and arrangement, except that the looseleaf format may be in a single column per page. Regulations or instructions issued by agencies of the Department will be identified by the use of alphabetical suffixes with the chapter number as follows: 4A Agricultural Marketing Service.

§ 4-1.006–3 Copies.

Copies of AGPR in FEDERAL REGISTER and Code of Federal Regulations form may be purchased by the public, at nominal cost, from the Superin. tendent of Documents, U.S. Government Printing Office. Washington, D.C. 20402.

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