curement personnel in the earliest planning stages of the procurement. [40 FR 6976, Feb. 18, 1975)

§ 4-5.5703-2 Documentation.

Certain documentation is required from agencies submitting requisitions to the Office of Operations for procurement action. It includes but is not limited to:

(a) An original requisition and one copy signed by an authorized official of the agency. The requisition must cite appropriation authority, estimated dollar amount, description of supplies or services required, quantity required, date material or services are required and place of inspection of goods or services.

the

(b) Specifications reflecting minimum needs of the agency (see §§ 1-1.305 and 4-1.305 of this title).

(c) A list of known or potential suppliers of the supplies or services (see §§ 1-1.302 and 4-1.302 of this title).

(d) If competition is to be limited to a single source, a statement to that effect together with appropriate justification is required.

(e) Justification for negotiation, if required (see Subpart 1-3.2 of this title).

(f) If for automated data processing equipment or services, a statement from the Office of Automated Data Systems that the specifications have been reviewed by their staff (see § 41.453 of this chapter).

[41 FR 26905, June 30, 1976)

§ 4-5.5703-3 [Reserved]

§ 4-5.5703-4 [Reserved]

§ 4-5.5703-5 Contract administration. The successful completion of contracts awarded by the Office of Operations requires close cooperation and coordination between the Office of Operations and the agencies. After a contract is executed by the Office of Operations for an agency, the agency representatives have responsibility for close cooperation with the contracting officer in follow-up and expediting of performance and in inspection and testing of materials or services furnished. Those actions which are a re

sponsibility of the contracting officer under the terms and conditions of the contract may not be performed by any other person, unless there is a written delegation by the contracting officer designating specific persons to act for him. These include the execution of such documents as change orders, extensions of contract time for performance, notices of default or termination of the contractor's right to proceed under the contract, findings of fact and decisions on questions of fact in dispute. Whenever such actions are required, the necessary documents should be prepared for signature of the contracting officer (or his designated representative) after such consultation with him as may be appropriate. The agency representative is responsible for maintaining constant cognizance of the status of performance by the contractor. Whenever it appears that a contract is not being, or will not be performed satisfactorily, the contracting officer should be advised promptly.

tablishment, bureau or office for materials, supplies, work, or services of any kind that such requisitioned Federal agency may be in a position to supply or equipped to render (or in a position to contract for where requirements of the Army, Navy, Treasury Department, Federal Aviation Agency or the Federal Maritime Commission are concerned). If work or services can be as conveniently or more cheaply performed by private agencies, they shall be let by competitive bids.

§ 4-5.5803 Participation in extra-departmental contracts.

It is desirable to purchase under the contracts of other Government departments when suitable materials can be secured economically and all parties interested are agreeable to such purchases, but in so doing care should be exercised to handle all negotiations in such a manner as not to become burdensome to the contracting agency. Information concerning extra-departmental contracts may be obtained from the Office of Operations. [41 FR 26905, June 30, 1976]

PART 4-6-FOREIGN PURCHASES

Subpart 4-6.1-Buy American Act-Supply and Service Contracts

Sec.

4-6.105 Excepted articles, materials and supplies.

4-6.150 Purchase from contracts made by other Departments.

4-6.151 Contracts for services.

Subpart 4-6.2—Buy American ActConstruction Contracts

4-6.202 Buy American policy. 4-6.202-2 Determining domestic construction material.

4-6.203 Unreasonable cost determination. 4-6.203-2 Cost computation.

4-6.250 Listing in invitation for bids.

Subpart 4-6.8-Balance of Payments Program 4-6.805 Exceptions.

Subpart 4-6.51-Purchase From Foreign Firms or Individuals

4-6.5100 Scope.

Sec.

4-6.5101 Debarred or suspended foreign individuals or firms, and those subject to administrative action by other agencies. AUTHORITY: 5 U.S.C. 301, 40 U.S.C. 486(c). Subpart 4-6.1-Buy American ActSupply and Service Contracts

SOURCE: 29 FR 14320, Oct. 16, 1964, unless otherwise noted.

§ 4-6.105 Excepted articles, materials and supplies.

(a) The Buy-American Act does not apply if the items to be used, or the articles, materials, or supplies from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available quantities and of a satisfactory quality. Heads of agencies or their designees are authorized to determine and certify as to nonavailability of domestic products. Designees shall be responsible headquarters or field officials other than the purchasing officer. At the discretion of heads of agencies, however, all officers and employees authorized to purchase trade, text, technical or scientific books, newspapers, magazines, periodicals and printed briefs, charts and maps may certify to the nonavailability of such, when they are not printed in the United States and for which domestic editions are not available. In making the required determination, there shall be considered whether similar domestic articles, materials and/or supplies will adequately serve program needs. The determination should be in the form of a statement of fact certified to as follows:

Corresponding articles, materials or supplies are not mined, produced or manufactured in the United States in reasonably available commercial quantities and of a satisfactory quality.

(b) When the head of an agency or his designee determines a need for making repetitive purchases of a foreign item, the following general form is to be followed in preparing notice of agency clearance. Each clearance shall be effective for a period of one year from date of issuance unless, prior to the expiration date, a domestic prod

[42 FR 10688, Feb. 23, 1977)

§ 4-7.102-4 Variation in quantity.

Note that the standard variation in quantity provision in § 1-7.102-4 does not authorize the contractor to vary quantities delivered from contract amounts except as may be specifically set forth in the contract. Nonetheless, where minor differences in quantities delivered occur and for reasons such as the administrative expense involved, it would be uneconomical to enforce delivery requirements, the contractor may be considered complete upon agreement with the contractor as to an equitable adjustment in contract price.

[29 FR 14321, Oct. 16, 1964. Redesignated and amended at 42 FR 10688, Feb. 23, 1977] § 4-7.102-12 Disputes.

When Standard Forms are not utilized, the disputes clause must be consistent with the Wunderlich Act (41 U.S.C. 321-322) which provides for judicial review of decisions made by the head of a department in a dispute involving questions of fact, if it is alleged that such decision is fraudulent, capricious, arbitrary, or so grossly er

roneous as to imply bad faith, or is not supported by substantial evidence; and further provides that no Government contract shall contain a provision making final on a question of law the decision of any administrative official.

[29 FR 14321, Oct. 16, 1964. Redesignated at 42 FR 10688, Feb. 23, 1977]

§ 4-7.102-13 Notice and assistance regarding patent and copyright infringement. (a) Contract provisions. Where it is deemed advisable to protect the Government against possible infringement of patent rights, the following wording is suggested:

The contractor shall hold and save the Government, its officers, agents, servants and employees, harmless from liability of any nature or kind, including costs and expenses, for or on account of any patented or unpatented invention, article, or appliance manufactured or used in the performance of this contract, including their use by the Government.

(b) Exceptions. Where any patent or patents are to be excepted from the operation of the above article, such exceptions will be specifically stated, by reference to the patent number, date of issue and name of patentee, in a proviso to be added to the article.

(c) Patent bond. The protection afforded by use of the above clause is necessarily limited to the responsibility of the contractor, unless bond is furnished indemnifying the Government against any action for infringement or illegal use of patent (13 Comp. Gen. 173). When the Government is on notice of the possibility of an infringement of patent rights, there should be included in the invitation for bids, in addition to the patent clause above, a requirement that the successful bidder will be required to post a patent bond, in the amount stipulated. There is no standard form of patent bond; therefore, when one is required, it must be prepared by the Office of the General Counsel.

[29 FR 14321, Oct. 16, 1964. Redesignated at 42 FR 10688, Feb. 23, 1977]

Subpart 4-7.50-Clauses of General Application

§ 4-7.5001 Releases from contractors.

A provision shall be included in all construction contracts and project service contracts providing for the contractors to furnish a release of all claims. The following wording is suggested:

Upon completion and acceptance of all work under the contract, the contractor shall furnish a release of all claims against the Government arising under and by virtue of the contract.

The following wording is suggested for the release to be obtained from the contractor:

For and in consideration of the receipt of final payment in the amount of $under and pursuant to the following contract, the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract. Date Signature of contractor