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840 Regional Contracting Officer U.S. Office of Education, DHEW 50 Seventh Street NE., Room 426 Atlanta, Georgia 30323 351 Regional Contracting Officer U.S. Office of Education 300 South Wacker Dr., 32d Floor Chicago, Illinois 60606 361 Regional Contracting Officer U.S. Office of Education, Rm. 1002 1114 Commerce Street Dallas, Texas 75202 370 Regional Contracting Officer U.S. Office of Education, DHEW 601 East 12th Street Kansas City, Missouri 64106 381 Regional Contracting Officer U.S. Office of Education, DHEW 1961 Stout Street, Fed. Bldg. Denver, Colorado 80202

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613. Director, Bureau of Disability Insurance, SSA Dickinson Tower Bldg., Rm. T6C14 1500 Woodlawn Drive Baltimore, Maryland 21241 630 Regional Representative Disability Insurance, SSA, HEW 1321 Second Ave., Arcade Plaza Bldg. M/S 618 Seattle, Washington 98101 631 Regional Representative Disability Insurance, SSA, HEW Room 1105, J.F.K. Fed. Bldg. Boston, Mass. 02203 632 Regional Representative Disability Insurance, SSA, HEW 26 Federal Plaza, Room 755 New York, New York 10007 633 Regional Representative Disability Insurance, SSA, HEW P.O. Box 8788 Philadelphia, Pennsylvania 19101 634 Regional Representative Disability Insurance, SSA, HEW 50 Seventh Street NW., Room 628 Atlanta, Georgia 30323 635 Regional Representative Disability Insurance, SSA, HEW 300 South Wacker Drive, 18th Floor Chicago, Illinois 60606 636 Regional Representative Disability Insurance, SSA, HEW 212 N. St. Paul St., Rm. 625, Corrigan Tower Dallas, Texas 75201 637 Regional Representative Disability Insurance, SSA, HEW 12th & Grand Ave., 6th Floor, 12 Grand Bldg. Kansas City, Missouri 64106 638 Regional Representative Disability Insurance, SSA, HEW 19th & Stout Sts., Rm. 11037 Denver, Colorado 80202 639 Regional Representative Disability Insurance, SSA, HEW 1390 Market St., Room 250 San Francisco, California 94102 (40 FR 4144, Jan. 28, 1975)

Regional Contracting Officer U.S. Office of Education, DHEW 50 Fulton Street San Francisco, California 94102 400 Chief, Grants and Contracts Management

Division Nat'l Institute of Education 1200 Nineteenth St. Washington, D.C. 20208 500 Chief, Contract Branch, Division of General

Sery. 330 Independence Ave. SW., Rm. 4217 Washington, D.C. 20201 504 Regional Contracting Officer Social Rehabilitation Service 50 Seventh Street NE., Room 426 Atlanta, Georgia 30323 600 Chief, Procurement Section Social Security Admin. 6301 Security Blvd., Room 8-220 Baltimore, Md. 21235 604 Regional Contracting Officer Social Security Administration 50 Seventh St. NE., Room 426 Atlanta, Georgia 30323 611 Director, Div. of Direct Reimbursement Bureau of Health Insurance, SSA 6401 Security Blvd., Rm. 1-A-5, East Bldg. Baltimore, Md. 21235

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CHAPTER 4-DEPARTMENT OF AGRICULTURE

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Part
41 General . .
4-2 Procurement by formal advertising
4-3 Procurement by negotiation
444 Special types and methods of procurement
4-5 Special and directed sources of supply
4-6 Foreign purchases
4-7 Contract clauses
4-8 Termination of contracts
4-10 Bonds and insurance
4-12 Labor
4-14 Inspection and acceptance
4-15 Contract cost principles and procedures
4-16 Procurement forms
4-17 Extraordinary contractual actions to facilitate the national

defense
4–18 Procurement of construction
4-30 Contract financing
4–50 Disputes and appeals

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309 311 326 326 327

333 333 341 341

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PART 4-1-GENERAL

Sec. Bec.

41.007 Arrangement. +1.000 Scope of part.

41.007-1 General plan.

41.007-2 Numbering. Subpart 4-1.0-Regulation Systom

41.007-3 Citation. 41.001 Scope of subpart.

41.008 Agency implementation. 41.002 Purpose.

4-1.009 Deviation. 41.003 Authority.

41.009–1 Description. 41.004 Applicability.

4-1.009-2 Procedure. +1.004–2 Of Federal Procurement Reg

4-1.050 Relationship of AGPR to the FPR. ulations.

4-1.051 Administrative Regulations. +1.0043 Of Agriculture Procurement Rorulations.

4-1.062 Federal Property Management 41.005 Exclusions.

Regulations. 41.006 Issuance.

41.053 Agriculture Property Manage+1.006-1 Code arrangement.

mont Regulations. +1.006-2 Publication.

4-1.054 Agriculture Grant and Agreement +1.0063 Coples.

Regulations.

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Subpart 4-1.3-General Policies Sec. +1.802 Procurement sources. +1.302-1 General. +1.302–3 Contracts between the Govern

ment and Government employees or business concerns substantially owned or controlled

by Government employees. 41.305 Specifications. 4-1.305-3 Deviations from Federal Speci

fications. +1.806-30 Agency specifications. +1.306-51 Index to Federal Specifications

and Standards. +1806-62 Avallability of copies of specie

fications and standards. +1.306 Standards. +1.806-1 Mandatory use and application

of Federal Standards. 4-1.307 Purchase descriptions. 41.307-2 General requirements. +1.807-3 Commercial, and state and local

government specifications and

standards, +1.810 Responsible Prospective Con.

tractor. 41.810-8 Standards. +1.316 Uso of liquidated damages pro

vision in procurement con

tracts. 61.816-2 Policy. +1.816-3 Contract provisions. +1316 Time of delivery or performanco. 41.316-2 General. Subpart 4-1.4-Procurement Responsibility and

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

procuring activity. 41.402 Authority of contracting officers. +1.403 Requirements to be met before

entering into contracts. 41.404 Belection, designation, and ter

mination of designation of con

tracting oficers. +1.504-1 Selection. 41.404–2 Designation. +1.450 Requests for special contracting

authority. 4-1.451 Procurement by the Ofice of

Operations. +1.452 Personal interest in contracts. +1.453 Delegation of authority for auto

matic data processing equipment, services, and related sup

plies. Subpart 4-1.6-Debarred, Suspended, and

Ineligible Bidders 41.600 Scope of subpart. 4-1.601 General. 41.601-1 Definitions. 4-1.602 Establishment and maintenance

of a list of concerns or individ. uals debarred, suspended, or declared ineligible.

Sec. +1.602-1 Bases for entry on the debarred,

suspended, and ineligible list. +1.803 Treatment to be accorded arms

or individuals in debarred,

suspended, or ineligiblo status. 41.804 Causes and conditions apple

cable to determination of de barment by an executive

agency. 41.0041 Procedural requirements relat

ing to the imposition of do

barment. 4-1.605 Suspension of bidders. 4-1.606-1 Causes and conditions under

which executive agencies may

suspend contractors. 41.606-2 Period and scope of suspension. 41.606 Notice of suspension. 41.006 Agency procedure. 41.650 Foreign firmas or individuals. 41.650-1 Purpose. 41.650-2 Policy. 41.650-3 Definitions. 4-1.650-4 Reports. 4-1.650-5 Action by Department Debarring

Oficer. 41.650-8 Clearance of foreign firms or 12

dividuals. Subpart 4-1.7—Small Business Concerns 4-1.703 Determination of status as

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

status. 41.706 Procurement set-asides for small

business. 41.706-1 General 41.706-2 Review of SBA set-asido pro

posals. 41.706-6 Total set-asides. 41.7066 Partial set-asides, 4-1.713 Contracts with the Small Busi

ness Administration. 4-1.713–2 Policy.

Subpart 4-1.8—Labor Surplus Area Concerns 41.801 Definitions. 4-1.801-2 Labor surplus area. 4-1.804 Partial set-asides for labor sur

plus area concerns. 41.804-1 General, 4-1.807 Records and reports. Subpart 4-1.9-Reporting Possible Antitrust

Violations 4-1.901 General.

Subpart 4-1.11- Qualified Products 41.1101 Procuroment of qualifed prod

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

Subpart 4-1.16 Reports of Identical Bids 4-1.1601 General. 41.1603-2 Preparation of reports.

Subpart 4-1.50-Claims Against Contractors Sec. 41.5001 Time for fling complaints. +1.5002 Prompt reply to inquiries.

AUTHORITY: The provisions of this part 41 1ssued under 6 U.S.C. 301, 40 0.8.C. 486(c).

SOURCE: The provisions of this part 41 appear at 29 FR 14264, Oct. 16, 1964, unless otherwise noted. § 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

SOURCE: The provisions of this Subpart 41.0 appear at 35 F.R. 14929, Sept. 25, 1970, unless otherwise noted. § 4-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Department of Agriculture Procurement Regulations (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

Regulations. Procurement by the Department of Agriculture is subject to the FPR (chapter 1 of this title) except as may be otherwise authorized by law. § 4-1.004–3 Of Agriculture Procure

ment 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 ap

plicable to such functions, insofar as it is feasible, consistent with eficient program operations. § 4-1.005 Exclusions.

Certain Department procurement regulations which come within the scope of his 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 instituted on an experimental basis for a reasonable period. § 4-1.006 Issuance. § 4-1.006–1 Code arrangement.

AGPR are issued in the Code of Fed. eral 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 Department. Requests to be placed on the distribution list, or for extra copies, should be addressed to the Director, Office of Operations.

(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) § 4-1.0063 Copies.

Copies of AGPR in FEDERAL REGISTER and Code of Federal Regulations form may be purchased by the public, at nominal cost, from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. $ 4-1.007 Arrangement. § 4-1.007-1 General plan.

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

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