Page images
PDF
EPUB

wise granted to the Government under any patent.

(f) The Government may modify, remove, obliterate, or ignore any marking not authorized by the terms of this contract on any subject data furnished hereunder, if

(1) The Contractor fails to respond within sixty (60) days to a written inquiry by the Government concerning the propriety of the use of the marking; or

(ii) The Contractor's response fails to substantiate his contention that the use of the marking is authorized, in which case the Government shall give written notice to the Contractor.

(g) Inclusion in subcontracts. Except as otherwise authorized in writing by the Contracting Officer, the Contractor shall insert provisions identical to those contained in this clause in all subcontracts under this contract, unless previously authorized in writing by the Contracting Officer to vary the terms of the data clause to be included in the subcontract.

(c) The clause set forth in paragraph (b) of this section may be varied to permit the acquisition of limited rights in data in which an independent and valid proprietary interest exists.

(d) The clause set forth in paragraph (b) of this section may be amended by the addition of the following paragraph where publication by a third party of the subject data of the contract can be

anticipated and where the third party will obtain the copyright. The clause, as amended, may be inserted in contracts where such use, in the opinion of the Contracting Officer, would be appropriate.

(h) The Contractor agrees that in the event of (1) an assignment of his rights in copyrighted matter hereunder to any third party or (ii) an assignment of rights in the subject data to any third party pursuant to which the assignee may secure a statutory copyright in his own name, the Contractor shall include in any such assignment provisions protecting the Government's rights in the subject data. Accordingly, the Contractor will not grant an exclusive license to the copyrighted matter to any third party, or assign the copyright to any third party without exempting therefrom and confirming therein the Government's existing license. In the event of the assignment of the Contractor's rights in the subject data hereunder which are not yet copyrighted, the Contractor will include provisions pursuant to which the assignee (1) will be notified of the Government's existing rights in the subject data under this contract and in addition, (ii) shall be obligated upon the issuance of any copyright to send to ACDA written confirmation of the Government's license to the copyrighted matter. This obligation of the Contractor to protect in any assignment the rights of the Government shall survive the expiration of the contract.

[ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][merged small][ocr errors][ocr errors][merged small][ocr errors][ocr errors]
[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors]

ti.

in

CDA ant's bli. any

Sec.
24-1.310–1 Scope.
24–1.310-2 (Reserved]
24–1.310–3 [Reserved]
24-1.310—4 General policy.
24-1.310-5 Standards.

Subpart 24–1.7—Small Business Concerns
24-1.700 General.
24-1.701 (Reserved]
24-1.702 Small business policies.
24-1.703 [Reserved]
24–1.704 Program direction and operation.
24–1.705—24-1.709 [Reserved]

[ocr errors]

24-1.007

PART 24-1-GENERAL
Sec.
24-1.000 Scope of part.

Subpart 24-1.0— Introduction
24-1.001 Scope of subpart.
24–1.002 Purpose.
24-1.003 Authority.
24-1.004

Applicability.
24_1.004-1 Procurement.
24–1.004–2 Relationship of HUDPR to the

FPR System.
24-1.005

Exclusions. 24-1.006

Issuance. 24–1.006–1 [Reserved] 24–1.006–2 Publication. 24–1.006–3 (Reserved] 24–1.006–4 Coordination.

Arrangement.
24–1.007-1 General plan.
24–1.007–2 Numbering.
24-1.007-3 Citation.

Deviation.
24–1.009–1 Description.
24-1.009-2 Procedure.
Subpart 24-1.2-Definition of Terms

Definitions.
Chief officer responsible for pro-

curement.
Subpart 24-1.3-General Policies

Methods of procurement.

Procurement sources.
24–1.302–1 General.
24–1.302–2 (Reserved]
24–1.302–3 Contracts between the Departo

ment and Government em

ployees.
Responsible prospective contrac-

24_1.009

24-1.201 24–1.250

Subpart 24–1.50—Novation Agreements 24–1.5000 Scope of subpart. 24-1.5001 Definition. 24-1.5002 Agreement to recognize a suc

cessor in interest. 24–1.5003 Agreement to recognize change

of name of a contractor. 24-1.5004 Procedures. 24-1.5005 Novation agreement formats

and related documents. 24–1.5005-1 Successor in interest agreement

format. 24–1.5005–2 Change of name agreement

format. 24-1.5005–3 Change orders.

AUTHORITY: The provisions of this part 24–1 issued under sec. 7(d), 79 Stat. 669; 42 U.S.C. 3535(d). $ 24–1.000 Scope of part.

This part describes the method by which the Department of Housing and Urban Development (referred to herein as HUD) implements, supplements, and

24-1.301 24-1.302

24-1.310

tor.

may deviate from the Federal Procurement Regulations (referred to herein as FPR), and sets forth policies and procedures which implement and supplement FPR (41 CFR Part 1-1). [33 F.R. 6294, Apr. 25, 1968]

Subpart 24–1.0—Introduction SOURCE: The provisions of this Subpart 24–1.0 appear at 33 F.R. 6294, Apr, 25, 1968, unless otherwise noted. & 24–1.001 Scope of subpart.

This subpart establishes the Department of Housing and Urban Development Procurement Regulations and states their relationship to the Federal Procurement Regulations System. 8 24–1.002

Purpose. The Department of Housing and Urban Development Procurement Regulations (herein identified as HUDPR) are hereby established as Chapter 24 of the FPR System in order to provide a uniform policy and procedure for the procurement of personal property and nonpersonal services (including construction) by organizational units of HUD in conformity with applicable law and the FPR. § 24-1.003 Authority.

HUDPR are issued in compliance with the FPR System and are prescribed by the Assistant Secretary for Administration under section 7(d) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(d)), section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486 (c)), and under Secretary's Delegation (33 F.R. 4593, Mar. 15, 1968). § 24–1.004 Applicability, $ 24–1.004–1 Procurement.

The FPR and HUDPR apply to all procurement of personal property and nonpersonal services (including construction) on behalf of the Secretary of Housing and Urban Development, except as may be otherwise authorized by law. § 24–1.004–2 Relationship of HUDPR

to the FPR System. (a) HUDPR implement, supplement, and in some instances may deviate from the FPR. Except as necessary to assure continuity or understanding, FPR material will not be repeated, paraphrased, or otherwise restated in HUDPR.

(b) Implementing material is that which expands upon or indicates the

manner of compliance with related FPR material. Supplementing material is that for which there is no counterpart in the FPR.

(c) Where HUDPR contain no material implementing the FPR, the FPR alone will govern. The effective date of FPR issuances with Government-wide application will become effective throughout HUD upon the effective date cited in the particular FPR material. The effective date of HUDPR will be the date stated in the respective issuances. § 24–1.005 Exclusions.

Certain policies and procedures which come within the scope of this chapter may, nevertheless, be excluded from HU PR. Policies and procedures which may be excluded include the following categories:

(a) Subject matter which bears a security classification, is stamped “official use only,” or is of a purely internal nature.

(b) Policy or procedure which is expected to be effective for a period of less than 6 months.

(c) Policy or procedure which is being instituted on an experimental or test basis for a reasonable period.

(d) Instructional material that explains more fully matters covered in the FPR and HUDPR. § 24–1.006 Issuance. § 24–1.006-1 [Reserved] § 24–1.006–2 Publication.

HUDPR will be published in the daily issue of the FEDERAL REGISTER and in cumulated form in Chapter 24 of Title 41 of the Code of Federal Regulations (41 CFR Ch. 24). The FEDERAL REGISTER and Title 41 of the CFR may be purchased, at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. HUDPR may be inspected at HUD Information Centers. § 24–1.006–3 [Reserved] § 24–1.006-4 Coordination.

Responsibility for the development of Chapter 24 is assigned to the Assistant Secretary for Administration. In developing the regulations, he will solicit the views of the heads of the organizational units concerned. The Office of General Counsel will be responsible for determining the legality of all proposed regulations and policy and for making ar

[ocr errors]

cial una

rangements for publication of the only from the FPR but also from Chat regulations in the FEDERAL REGISTER. HUDPR. $24-1.007 Arrangement.

8 24_1.009-2 Procedure. $ 24–1.007-1 General plan.

In the interests of establishing and ma. EPR HUDPR employ the same general plan,

maintaining uniformity to the greatest ze of numbering system, and nomenclature

extent feasible, deviations from the FPR ride used in the FPR and conform with FED

or HUDPR shall be kept to a minimum Etive

and controlled as follows:
ERAL REGISTER Standards approved for the
FPR.

(a) In individual cases, deviations uial .

from the FPR or HUDPR may be sub$24–1.007-2 Numbering.

mitted to the Assistant Secretary for Ad(a) This Chapter 24 has been allo- ministration for his approval or other cated to HUD for implementing, supple

necessary or appropriate action. A supmenting, and deviating from Chapter 1

porting statement shall be submitted nich of this Title 41 CFR. The numbering

with the proposed deviation indicating pter system conforms to that of the FPR

briefly the nature of the deviation and Tom ($ 1-1.007-2) permitting identification of

the reason the deviation is necessary and nich every unit. Thus, for example, in this

in the best interest of the Government. ing "$ 24–1.007–2,” the first two digits denote

The contract file shall include a copy the chapter; the third the part; the

of the request submitted and the apfourth the subpart; the fifth and sixth

proval. In emergency situations involving the section; and the seventh the sub

individual cases, deviation approvals may section.

be processed by telephone and later con(b) Where HUDPR implement or de

firmed in writing. viate from a part, subpart, section, or

(b) In classes of cases, deviations less subsection of the FPR, the implementing

from the FPR or HUDPR shall be subpart, subpart, section, or subsection of

mitted to the Assistant Secretary for Adeing HUDPR will be numbered (and cap

ministration for his approval or other tioned) to correspond to the part, sub

necessary or appropriate action. Repart , section, or subsection of Chapter 1

quests for deviations shall be supported of the FPR.

by statements adequate to disclose fully (C) HUDPR which supplement the

the nature of the deviation and the need FPR will be assigned an appropriate

therefor. The Assistant Secretary for number and title different from any as

Administration will consider on an exsigned to a section in the FPR.

pedited basis jointly with GSA requests (d) Where the subject matter con

involving the FPK unless he determines, tained in a part, subpart, section, or sub

after due consideration of the objective section of the FPR requires no imple

of uniformity and the proper responsically mentation, HUDPR will contain

bilities of HUD, circumstances preclude

no corresponding part, subpart, section, or

such joint effort. In such cases, the Assubsection number and the subject mat

sistant Secretary for Administration will ter aş published in the FPR governs.

approve such class deviations as he de$ 24–1.007–3

termines necessary and GSA will be Citation.

notified. Authorized class deviations will andHUDPR will be cited in accordance

be reflected in HUDPR. with FEDERAL REGISTER standards ap

(c) In individual cases and classes of proved for the FPR. Thus, this section,

cases, deviations from HUDPR also may when referred to in HUDPR, should be

be submitted to a chief officer responsible cited as “g 24–1.007–3 of this chapter.”

for procurement, who is hereby authorWhen this section is referred to formally

ized to approve requests for such deviain official documents, such as legal briefs,

tions. A request for such deviation shall it should be cited as "41 CFR 24–1.007–3."

be supported by a statement indicating Any section of the HUDPR may be in

briefly the nature of the deviation and formally identified by the section number,

the reason the deviation is necessary e.g., “HUDPR 24-1.007–3.

and in the best interest of the Govern$ 24–1.009 Deviation,

ment. The contract file shall include a $24-1.009–1 Description.

copy of the request submitted and the

approval. nin The term "deviation” in HUDPR is

(d) Except as otherwise authorized, ula

used as defined in FPR 1-1.009 except
that the term includes deviations not

when any deviation in a contract form

provision is authorized, physical change

end sed

[ocr errors]

cof

ant

el the

nal

eral

[ocr errors]

57 -5

99-192-69

[ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors]

may not be made in the printed form but shall be made by appropriate provision in the schedule, specifications, or continuation sheet, as provided in HUD procedure. Subpart 24–1.2—Definition of Terms

SOURCE: The provisions of this Subpart 24–1.2 appear at 33 F.R. 6295, Apr. 25, 1968, unless otherwise noted. § 24–1.201 Definitions.

This subpart contains definitions of terms used generally throughout HUDPR, in addition to those set forth in FPR 1-1.2. Additional definitions will be found in individual subparts of the FPR and HUDPR covering terms used in those subparts only.

(a) Department. “Department” means the Department of Housing and Urban Development.

(b) Secretary. “Secretary" means the Secretary of Housing and Urban Development. § 24–1.250 Chief officer responsible for

procurement. The Director, Office of General Services, and the Director, Contracts and Agreements Division, Office of General Services, each has been designated as a chief officer responsible for procurement.

Subpart 24-1.3—General Policies

AUTHORITY: The provisions of this subpart issued under sec. 7(d) of the Department of Housing and Urban Development Act, 42 U.S.C. 3535(d); Secretary's delegations of authority published at 33 F.R. 4593, Mar. 15, 1968, as amended at 33 F.R. 11099, Aug. 3, 1968; and at 31 F.R. 10754, Aug. 12, 1966.

SOURCE: The provisions of this Subpart 24–1.3 appear at 33 F.R. 12734, Sept. 7, 1968, unless otherwise noted. $ 24–1.301 Methods of procurement.

(a) Procurement by formal advertising. Supplies and services shall generally be procured by formal advertising in accordance with FPR 1-2.

(b) Procurement by negotiation. Supplies and services may be procured without formal advertising in accordance with FPR 1-3. $ 24–1.302 Procurement sources. § 24–1.302–) General.

(a) Government sources. Procurement of certain supplies and services may be effected by orders on Government sources referred to in FPR 1-1.302–1. It is the policy of the Department that such

methods of procurement be utilized to the maximum extent practicable, in accordance with applicable laws and regulations. Such procurement by the Department may be under:

(1) Section 601 of the Economy Act of June 30, 1932, as amended (31 U.S.C. 686), in accordance with regulations of the General Accounting Office;

(2) Section 502(c) (2) of the Housing Act of 1948, as amended (12 U.S.C. 1701c(b) (2)), in accordance with the Comptroller General's decision of April 10, 1951, B-102040.

(b) Sources outside the Government. Irrespective of whether the procurement of supplies or services from sources outside the Government is to be effected by formal advertising or by negotiation, competitive proposals (“bids” in the case of procurement by formal advertising, “proposals" in the case of procurement by negotiation) shall be solicited from all such qualified sources as

are deemed necessary by the contracting officer to assure such full and free competition as is consistent with the procurement of the types of supplies and services necessary to meet the Department's requirements. § 24–1.302–2 [Reserved] § 24–1.302–3 Contracts between the De

partment and Government employ

ees. (a) Prime contracts. Procurement contracts between the Government and its employees or business organizations substantially owned or controlled by Government employees will not knowingly be entered into, except in those cases in which the needs of the Government cannot reasonably be otherwise supplied. The specific approval of the Assistant Secretary for Administration must be obtained for any such contract.

(b) Subcontracts. In the review of and consent to subcontracts under prime contracts, the policy restrictions of § 24–1.302–3 of this chapter apply. § 24–1.310 Responsible prospective con

tractor, § 24–1.310–1 Scope.

This section implements the policy and procedures set forth in FPR 1-1.310 to determine, before award, whether prospective contractors for furnishing the Department supplies

or nonpersonal services (including construction) qualify as responsible.

[merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors]
« PreviousContinue »