tracts in excess of $25,000 and by §§ 13.212, 1-3.213, 1-6.103-3, and 1-6.1004 of this title, shall be made by the Assistant Secretary for Health and Scientific Affairs (when health programs are involved), the Assistant Secretary for Education (when education programs are involved), and the Assistant Secretary for Administration and Management (where other programs are involved). Such determinations and findings shall be prepared and submitted as prescribed in Subpart 3-3.3 of Part 3-3 of this chapter. (b) Determinations with respect to the application of the provisions of 10 U.S.C. 2353 (b) (3) and 10 U.S.C. 2354 shall be made by the Assistant Secretary for Health and Scientific Affairs. Such determinations and findings shall be prepared and submitted as prescribed in Subpart 3-3.3 of Part 3-3 of this chapter. (c) Determinations and findings required by § 1-3.302(d) of this title for advance payments shall be made by the Director of Procurement and Materiel Management. Such determinations and findings shall be prepared in accordance with Subpart 1-30.4 of Part 1-30 of this title and Subpart 3-30.4 or Part 3-3 of this chapter. (Also see § 3-3.306 of this chapter.) (d) All other required determinations and findings shall be made by the head of the procuring activity or his designee(s) subject to and in accordance with Subpart 3-3.3 of Part 3-3 of this chapter. Proposed fees under cost-plus-a-fixedfee contracts which exceed the following shall be approved only by the head of the procuring activity or his designee. A designee for making these determinations must be at least one organizational level above the contracting officer: (a) Ten percent of the estimated cost, exclusive of fee, of any cost-plus-afixed-fee contract for experimental, developmental, or research work. (b) Seven percent of the estimated cost, exclusive of fee, of any other costplus-a-fixed-fee contract. [38 FR 2214, Jan. 23, 1973] § 3-75.104-3 Review and approval of contracts. Preaward contract reviews shall be conducted by those officials designated in § 3-50.101 of this chapter. [38 FR 2214, Jan. 28, 1973] 83-75.104-4 Mistakes in bids. (a) Authority is delegated to the Director of Procurement and Materiel Management, OASAM, to make the determinations specified in §§ 1-2.406-3 and 1-2.406-4 of this title in connection with mistakes in bids. (b) This delegation of authority cannot be redelegated. (c) Each proposed determination shall be approved by the Assistant General Counsel, Division of Business and Administrative Law, Office of General Counsel. § 3-75.104-5 Establishment of departmental procurement policy. The Director of Procurement and Materiel Management, OASAM, shall establish procurement policy and publish procurement regulations in conformance with: (a) title III, Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251, et seq.); (b) implementing regulations of the Administrator, General Services Administration; (c) other applicable laws and Executive orders. This authority shall not be redelegated. § 3-75.105 Special and limited delegations. [37 FR 1041, Jan. 22, 1972] § 3-75.105-1 Issuance of U.S. Government bills of lading for transportation of household goods. When a member of the Public Health Service Commissioned Corps is authorized travel at Government expense, including the shipment of household goods, and it is determined by Commissioned Personnel Operations Division, Office of Personnel and Training, that the shipment cannot be arranged by a designated household goods shipping officer, such member is delegated authority to issue and sign as "Issuing Officer," Government bill(s) of lading to accomplish such shipment. The Government bill(s) of lading will be prepared in accordance with instructions provided with personnel orders. [37 FR 1041, Jan. 22, 1972] Subpart 3-75.2-[Reserved] Subpart 3-75.3-Publication of Advertisements, Notices, or Proposals SOURCE: 35 FR 16924, Nov. 3, 1970, unless otherwise noted. 8-75.401 8-75.402 Authority delegated. Subpart 3-75.5-Establishment of Blood 8-75.500 Scope of subpart. 8-75.501 Authority delegated. 8-75.502 Redelegation. AUTHORITY: 5 U.S.C. 301, 40 U.S.C. 486(c). § 3-75.000 Scope of part. This part delegates the authority of the Secretary to make purchases and contracts for property and services and to perform other actions relating to procurement. [35 FR 16924, Nov. 3, 1970] § 3-75.001 Redelegations. Redelegations of the authority conferred by this part, as well as revisions thereof, shall be in writing over the signature of the person vested with redelegation authority; shall specify the authority delegated; and shall conform with Chapter 8-75 of the DHEW General Administration Manual. [35 FR 16924, Nov. 8, 1970] Subpart 3-75.1-Procurement Authority SOURCE: 37 FR 15862, Aug. 5, 1972, unless otherwise noted. § 3-75.100 Scope of subpart. This subpart delegates the authority of the Secretary to make purchases and contracts for property and services, to appoint contracting officers, and to establish departmental procurement policy. § 3-75.101 Head of the procuring activity. In addition to the heads of the operating agencies, the following officials are designated "Head of the procuring activity": (a) Directors, Regional Offices; (b) Director of Procurement and Material Management, OASAM; (c) Director, Office of Administrative Services, OS; and (d) Director, Facilities Engineering and Construction Agency, OASAM. [38 FR 2214, Jan. 23, 1973] § 3-75.102 Authority delegated. Heads of procuring activities are authorized to: (a) Enter into, modify, administer and terminate contracts for property and services, and to make related determinations and findings; (b) settle termination claims; (c) appoint contracting officers; and (d) promulgate procurement directives in conformance with the stated policy of this Department. [38 FR 2214, Jan. 23, 1973] § 3-75.103 Redelegation. (a) Heads of procuring activities may redelegate, with or without power of redelegation, the authority delegated by §3-75.102 subject to limitations stipulated in the Federal Procurement Regulations, and regulations of this Department. (b) Personnel delegated responsibility for procurement functions must possess a level of experience, training, and ability commensurate with the complexity and magnitude of procurement actions involved. (c) Copies of redelegations by the heads of the procuring activities shall be provided to the Office of Procurement and Materiel Management, OASAM. § 3-75.104 Limitations. § 3-75.104-1 Determinations and findings. (a) Determinations and findings required by § 1-3.211 of this title for con tracts in excess of $25,000 and by §§ 13.212, 1-3.213, 1-6.103-3, and 1-6.1004 of this title, shall be made by the Assistant Secretary for Health and Scientific Affairs (when health programs are involved), the Assistant Secretary for Education (when education programs are involved), and the Assistant Secretary for Administration and Management (where other programs are involved). Such determinations and findings shall be prepared and submitted as prescribed in Subpart 3-3.3 of Part 3-3 of this chapter. (b) Determinations with respect to the application of the provisions of 10 U.S.C. 2353 (b) (3) and 10 U.S.C. 2354 shall be made by the Assistant Secretary for Health and Scientific Affairs. Such determinations and findings shall be prepared and submitted as prescribed in Subpart 3-3.3 of Part 3-3 of this chapter. (c) Determinations and findings required by § 1-3.302(d) of this title for advance payments shall be made by the Director of Procurement and Materiel Management. Such determinations and findings shall be prepared in accordance with Subpart 1-30.4 of Part 1-30 of this title and Subpart 3-30.4 or Part 3-3 of this chapter. (Also see § 3-3.306 of this chapter.) (d) All other required determinations and findings shall be made by the head of the procuring activity or his designee(s) subject to and in accordance with Subpart 3-3.3 of Part 3-3 of this chapter. Proposed fees under cost-plus-a-fixedfee contracts which exceed the following shall be approved only by the head of the procuring activity or his designee. A designee for making these determinations must be at least one organizational level above the contracting officer: (a) Ten percent of the estimated cost, exclusive of fee, of any cost-plus-afixed-fee contract for experimental, developmental, or research work. (b) Seven percent of the estimated cost, exclusive of fee, of any other costplus-a-fixed-fee contract. [38 FR 2214, Jan. 28, 1973] § 3-75.104-3 Review and approval of contracts. Preaward contract reviews shall be conducted by those officials designated in § 3-50.101 of this chapter. [38 FR 2214, Jan. 28, 1973] § 3-75.104-4 Mistakes in bids. (a) Authority is delegated to the Director of Procurement and Materiel Management, OASAM, to make the determinations specified in §§ 1-2.406-3 and 1-2.406-4 of this title in connection with mistakes in bids. (b) This delegation of authority cannot be redelegated. (c) Each proposed determination shall be approved by the Assistant General Counsel, Division of Business and Administrative Law, Office of General Counsel. §3-75.104-5 Establishment of departmental procurement policy. The Director of Procurement and Materiel Management, OASAM, shall establish procurement policy and publish procurement regulations in conformance with: (a) title III, Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251, et seq.); (b) implementing regulations of the Administrator, General Services Administration; (c) other applicable laws and Executive orders. This authority shall not be redelegated. § 3-75.105 Special and limited delegations. [37 FR 1041, Jan. 22, 1972] §3-75.105-1 Issuance of U.S. Govern ment bills of lading for transportation of household goods. When a member of the Public Health Service Commissioned Corps is authorized travel at Government expense, including the shipment of household goods, and it is determined by Commissioned Personnel Operations Division, Office of Personnel and Training, that the shipment cannot be arranged by a designated household goods shipping officer, such member is delegated authority to issue and sign as "Issuing Officer," Government bill(s) of lading to accomplish such shipment. The Government bill(s) of lading will be prepared in accordance with instructions provided with personnel orders. [37 FR 1041, Jan. 22, 1972] Subpart 3-75.2-[Reserved] Subpart 3-75.3-Publication of Advertisements, Notices, or Proposals SOURCE: 35 FR 16924, Nov. 3, 1970, unless otherwise noted. This subpart authorizes heads of the procuring activity designated in § 375.101 to publish advertising, notices, and contract proposals in newspapers and periodicals. § 3-75.301 Authority delegated. Heads of the procuring activity designated in § 3-75.101 are authorized hereby to publish advertisements, notices, and contract proposals in newspapers and periodicals in accordance with the requirements and conditions stipulated in 44 U.S.C., 321, 322, and 324; title 7, chapter 5, section 25.2, General Accounting Office Policy and Procedure Manual for Guidance of Federal agencies and Subpart 3-4.51. [37 FR 15862, Aug. 5, 1972] § 3-75.302 Redelegation. Heads of the procuring activity may redelegate the authority conferred by § 3-75.301. Subpart 3-75.4-Alcohol and Controlled Substances SOURCE: 39 FR 2214, Jan. 23, 1973, unless otherwise noted. § 3-75.400 Scope of subpart. This subpart authorizes heads of certain procuring activities to sign applications to procure alcohol and to appoint individuals to order controlled substances as defined by the Bureau of Narcotics and Dangerous Drugs (see Title 21 CFR). § 3-75.401 Authority delegated. The following officials are authorized to sign applications to procure tax-free specially denatured alcohol and to appoint accredited officials to order controlled substances, in accordance with laws and regulations of the Treasury Department, the Department of Justice, and the requirements and conditions of Subpart 3-5.56 of this chapter: (a) Administrator, Health Services and Mental Health Administration; (b) Director, National Institutes of Health; (c) Commissioner of Food and Drugs; and (d) Director of Procurement and Materiel Management, OASAM. cials whose functions require the procurement of alcohol or narcotics. [35 FR 16924, Nov. 3, 1970] Subpart 3-75.5-Establishment of Blood Donation Compensation Rates SOURCE: 37 FR 15862, Aug. 5, 1972, unless otherwise noted. § 3-75.500 Scope of subpart. This subpart authorizes the Administrator, Health Services and Mental Health Administration, to establish compensation rates for blood donations for the Department. § 3-75.501 Authority delegated. The authority to establish compensation rates for blood donations under the Act of February 9, 1927, 44 Stat. 1066, as amended (24 U.S.C. 30) is delegated to the Administrator, Health Services and Mental Health Administration. § 3-75.502 Redelegation. The authority delegated by § 3-75.501 may be redelegated as deemed appropriate. Appendix A [Reserved] Appendix B—Contracting Office Identification Codes Contracting office identification codes are for use in conjunction with the HEW Contract Information System and are prescribed by § 3-50.201(d) of this chapter. 100 Chief, Procurement & Contracts Section, OS Room 1741, HEW North 330 Independence Ave. SW. Washington, D.C. 20201 101 Regional Contracting Officer Office of the Regional Director, DHEW 1321 Second Ave. Seattle, Washington 98101 102 Regional Contracting Officer Office of Facilities Engineering, DHEW 1321 Second Ave. Seattle, Washington 98101 103 Director, Office of Facilities Eng'g and Prop. Mgmt. Room 3025, HEW North 330 Independence Ave. SW. Washington, D.C. 20201 104 Contracting Officer Office of Facilities Engineering, DHEW Research Triangle Park, North Carolina 27707 110 Regional Contracting Officer Office of the Regional Director, DHEW Boston, Massachusetts 02203 |