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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 (i) 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.

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[Reserved]

[Reserved]

24-1.704 Program direction and operation.

24-1.705-24-1.709

[Reserved]

Subpart 24-1.50-Novation Agreements

24-1.5000

24-1.5001

24-1.5002

24-1.5003

24-1.5004

24-1.5005

24-1.5005-1

Scope of subpart.

Definition.

Agreement to recognize a suc

cessor in interest.

Agreement to recognize change of name of a contractor. Procedures.

Novation agreement formats and related documents. 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

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.

§ 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

§ 24-1.004-1

Applicability.

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 HUDPR. 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]

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(a) This Chapter 24 has been allocated to HUD for implementing, supplementing, and deviating from Chapter 1 of this Title 41 CFR. The numbering system conforms to that of the FPR (§ 1-1.007-2) permitting identification of every unit. Thus, for example, in this "§ 24-1.007-2," the first two digits denote the chapter; the third the part; the fourth the subpart; the fifth and sixth the section; and the seventh the subsection.

(b) Where HUDPR implement or deviate from a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of HUDPR will be numbered (and captioned) to correspond to the part, subpart, section, or subsection of Chapter 1 of the FPR.

(c) HUDPR which supplement the FPR will be assigned an appropriate number and title different from any assigned to a section in the FPR.

no

(d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR requires no implementation, HUDPR will contain corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs. $24-1.007-3 Citation.

HUDPR will be cited in accordance with FEDERAL REGISTER standards approved for the FPR. Thus, this section, when referred to in HUDPR, should be cited as "§ 24-1.007-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 24-1.007-3." Any section of the HUDPR may be informally identified by the section number, e.g., "HUDPR 24-1.007-3."

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only from the FPR but also from HUDPR.

§ 24-1.009-2 Procedure.

In the interests of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR or HUDPR shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from the FPR or HUDPR may be submitted to the Assistant Secretary for Administration for his approval or other necessary or appropriate action. A supporting statement shall be submitted with the proposed deviation indicating briefly the nature of the deviation and the reason the deviation is necessary and in the best interest of the Government. The contract file shall include a copy of the request submitted and the approval. In emergency situations involving individual cases, deviation approvals may be processed by telephone and later confirmed in writing.

(b) In classes of cases, deviations from the FPR or HUDPR shall be submitted to the Assistant Secretary for Administration for his approval or other necessary or appropriate action. Requests for deviations shall be supported by statements adequate to disclose fully the nature of the deviation and the need therefor. The Assistant Secretary for Administration will consider on an expedited basis jointly with GSA requests involving the FPR unless he determines, after due consideration of the objective of uniformity and the proper responsibilities of HUD, circumstances preclude such joint effort. In such cases, the Assistant Secretary for Administration will approve such class deviations as he determines necessary and GSA will be notified. Authorized class deviations will be reflected in HUDPR.

(c) In individual cases and classes of cases, deviations from HUDPR also may be submitted to a chief officer responsible for procurement, who is hereby authorized to approve requests for such deviations. A request for such deviation shall be supported by a statement indicating briefly the nature of the deviation and the reason the deviation is necessary and in the best interest of the Government. The contract file shall include a copy of the request submitted and the approval.

(d) Except as otherwise authorized, when any deviation in a contract form provision is authorized, physical change

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.

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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]

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tractor.

§ 24-1.310-1

Responsible prospective con

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.

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