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CHAPTER 4-DEPARTMENT OF AGRICULTURE

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Page 219 241 248 262 286 294 296

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Part
41 General .
4-2 Procurement by formal advertising
4-3 Procurement by negotiation
44 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

309 311 326 326 327

333 333 341 341

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PART 4-1-GENERAL

Sec. Boc.

41.007 Arrangemont. +1.000 Scope of part.

41.007-1 General plan.

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

4-1.007-3 Citation. +1.001 Scope of subpart.

41.008 Agency implementation. +1.002 Purpose.

41.009 Deviation. 41.003 Authority.

41.009–1 Description. 4-1.004 Applicabiuty.

41.009-2 Procedure. +1.004-) Of Federal Procurement Roge

4-1.050 ulations.

Relationship of AGPR to the FPR. +1.0043 of Agriculture Procurement Ror

+1.051 Administrative Regulations. ulations.

+1.052 Federal Property Management 41.005 Exclusions.

Regulations. 41.006 Issuance.

41.053 Agriculture Property Manage41.006-1 Code arrangement.

mont Regulations. 41.006-2 Publication.

4-1.054 Agriculture Grant and Agreement +1.006-3 Copies.

Regulations.

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. 41.306 Speclications. 4-1.306-3 Deviations from Federal Spect

fications. +1.806–50 Agency specifications. +1.806-51 Index to Federal Specifications

and Standards. 61.806-52 Avallability of copies of sped

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

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

government specifications and

standards. +1.310 Responsible Prospective Con.

tractor. 1.910-8 Standards. +1316 Use of Uquidated damages pro

vision in procurement con

tracts. +1.818-2 Policy. +1.816-3 Contract provisions. +1.316 Time of delivery or performance. +1.316-9 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. +1.402 Authority of contracting oficers, +1.403 Requirements to be met beroro

entering into contracts. +1.404 Selection, designation, and ter

mination of designation of con

tracting oficers. +1.404-1 Selection. 41.404–2 Designation. +1.450 Requests for special contracting

authority. 4-1.451 Procurement by the Office of

Operations. +1.462 Persanal interest in contracts. +1.453 Delegation of authority for auto

matic data processing equip-
ment, services, and related sup-

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

Ineligible Bidders +1.600 Scope of subpart. 41.601 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 ust. +1.803 Treatment to be accorded arms

or individuals in debarred,

suspended, or ineligiblo status. 41.601 Causes and conditions appli

cable to determination of do barment by an executino

agency. 41.6041 Procedural requirements relat

lng to the imposition of de

barment. 4-1.605 Suspension of bidders. 41.606-1 Causes and conditions under

which executive agencies may

suspend contracton. +1.605–2 Perlod and scope of suspension. 4-1.608 Notice of suspension. 4-1.606 Agency proceduro. 41.860 Foreign Arms or individuals. 4-1.650-1 Purpose. 41.650-2 Policy. 41.650-3 Definitions. 41.650-4 Reports. 4-1.650–5 Action by Department Debarring

Omcer. 4-1.660-6 Clearance of foreign Arms or lo

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, 4-1.708–1 General. 41.706-2 Review of SBA net-aside pro

posals. 41.706-5 Total set-asides. 4-1.706-8 Partial set-asides. 4-1.713 Contracts with the Small Busi

ness Administration, 4-1.713-2 Policy,

Subpart 4-1.8Labor Surplus Area Concerns +1.801 Definitions. 41.801-2. 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 +1.901 General

Subpart 4-1.11-Qualified Products +1.1101 Procuroment of quallded prod

ucts. Subpart 4-1.13—Minority Business Enterprises 4-1.1302 Agency programs. Subpart 4-1.16

Reports of Identical Bide 41.1601 General. 41.1603–2 Preparation of reports.

Subpart 4-1.50—Claims Against Contractors plicable to such functions, insofar as it Sec.

is feasible, consistent with eficient pro+1.5001 Time for Aling complaints.

gram operations. +1.5002 Prompt reply to inquiries.

§ 4-1.005 Exclusions. AUTHORITY: The provisions of this Part 4 lasued under 6 U.S.C. 801, 40 U.S.C. 486(c).

Certain Department procurement reg.

ulations which come within the scope of SOURCE: The provisions of this part 41

this chapter nevertheless may be exappear at 29 FR 14264, Oct, 16, 1964, unless

cluded from AGPR. These exclusions in otherwise noted.

clude the following categories: 84–1.000 Scope of part.

(a) Subject matter which bears & seThis part describes the methods by curity classification. which the Department of Agriculture im

(b) Subject matter which is expected plements and supplements the Federal

to be effective for a period of less than 6 Procurement Regulations, and contains

months. procedures which implement and supple

(c) Subject matter which is being inment Part 1-1 of the Federal Procure

stituted on an experimental basis for a ment Regulations (FPR).

reasonable period. Subpart 4-1.0-Regulation System

§ 4-1.006 Issuance. SOURCE: The provisions of this Subpart

& 4-1.006-1 Code arrangement. +1.0 appear at 86 P.R. 14929, Sept. 25, 1970, AGPR are issued in the Code of Fedunless otherwise noted.

eral Regulations as Chapter 4 of Title 41, § 4-1.001 Scope of subpart.

Public Contracts and Property Manage

ment, implementing and supplementing This subpart sets forth introductory Chapter 1, which constitutes the FPR. information pertaining to the Department of Agriculture Procurement Regu

$ 4–1.006–2 Publication. lations (AGPR).

(a) AGPR are published in looseleaf (41 FR 26009, June 24, 1976)

form for distribution within the Depart§ 4-1.002 Purpose.

ment. Requests to be placed on the dis

tribution list, or for extra copies, should This subpart establishes chapter 4

be addressed to the Director, Office of of the Federal Procurement Regulations Operations. System, and describes the relationship (b) Those parts of AGPR which are of chapter 4 to the FPR.

deemed necessary for business concerns, 84-1.003 Authority.

and others properly interested, to under

stand basic and significant Department AGPR are issued under 5 U.S.C. 301

procurement regulations which impleand 40 U.S.C. 486(c), or under other

ment, supplement, or deviate from the authority specifically cited.

FPR are published (in Title 41) in the § 4-1.004 Applicability.

FEDERAL REGISTER. Detalled instructions

of interest primarily for internal agency 84-1.004-2 of Federal Procurement Regulations.

guidance are not so published.

(35 FR 14929, Sept. 25, 1970, as amended at Procurement by the Department of 40 FR 6973, Feb. 18, 1975) Agriculture is subject to the FPR (chapter 1 of this title) except as may be

§ 4-1.006–3 Copies. otherwise authorized by law.

Copies of AGPR in FEDERAL REGISTER § 4-1.004–3 of Agriculture Procure

and Code of Federal Regulations form ment Regulations.

may be purchased by the public, at nom

inal cost, from the Superintendent of AGPR are prescribed for application Documents, U.S. Government Printing to procurement of administrative and

Office, Washington, D.C. 20402. operating supplies, equipment, and services, for consumption or use by the De

§ 4-1.007 Arrangement. partment in carrying out its programs. § 4-1.007-1 General plan. Certain program functions of the De- The general plan, numbering system, partment are, by reason of special law, and nomenclature used in the AGPR exempt from pertinent parts of these conform with FEDEGAL REGISTER standregulations; however, they shall be ap- ards approved for the FPR.

§ 4-1.007-2 Numbering.

§ 4-1.009 Deviation. The numbering system permits iden- & 4-1.009-1 Description. tification of every unit. The first digit, "4", represents the chapter allocated to

A description of the term "deviation" the Department, followed by a dash. This

appears at § 1-1.009-1. is followed by the part number (which § 4-1.009-2 Procedure. may be one or more digits) followed by a

Deviations from the FPR and AGPR decimal point. The numbers after the

shall be kept to a minimum and condecimal point represent respectively, the

trolled as follows: subpart, section (in two digits), and after

(a) Deviations must be approved in the dash, subsection, paragraph, sub

advance. Individual case deviations may paragraph, and further inferior divisions.

be approved by the Heads of Department For example, this division is called "sec

Agencies or their designated representation 4-1.007-2", in which the first digit

tive, Deviations for classes of cases must denotes the chapter, the second the part,

be approved by the Director, Office of the third the subpart, the fourth and

Operations. Requests to the Director for Afth the section, and the sixth the

approval of class deviations shall be subsection.

initiated by the Heads of Department § 4-1.007-3 Citation.

Agencies. Requests for deviations shall AGPR will be cited in accordance with

cite the specific part of the FPR or AGPR approved FEDERAL REGISTEX standards. from which it is desired to deviate, set Thus, this section should be cited as “41

forth the nature of the deviations, and CFR 4-1.0073.” Any section of AGPR give reasons for the action requested. may be informally identified for purposes

(b) If a requested deviation is considof brevity, as "AGPR" followed by the

ered appropriate approval will be accomsection number, such as "AGPR plished as follows: 4-1.007-3”.

(1) Where the deviation applies to an

individual case, approval will be granted § 4-1.008 Agency implementation.

by memorandum addressed to the reAs portions of AGPR material are pre- questing officer with copies to interested scribed, agencies within the Department offices. The contract file of the requestmay publish in the FEDERAL REGISTER im- ing office shall include a copy of the replementing regulations deemed neces- quest and approval. A copy of the request sary, as outlined in § 4-1.006–2. Detailed and approval shall be furnished to the instructions of interest primarily for in- Office of Operations. ternal agency guidance will not be pub- (2) Where the deviation applies to a lished in the FEDERAL REGISTER. All im

class of cases, necessary coordination plementing regulations shall be prepared with the General Services Administrato conform with FPR style and arrange- tion and Office of Management and ment, except that the looseleaf format

Budget will be accomplished by the Office may be in a single column per page. of Operations. The deviation may be is. Regulations or instructions issued by sued as a part of AGPR, or the agency agencies of the Department will be iden- concerned may be authorized to issue intified by the use of alphabetical sufixes ternal instructions which incorporate the with the chapter number as follows: deviation. 4A Agricultural Marketing Service.

(c) The requesting office will be noti4B Agricultural Research Service.

fied by memorandum, with copies to 4C Agricultural Stabilization and Conser

other interested offices, whenever a revation Service.

quested deviation is disapproved. 4D Farmers Home Administration, 4E Extension Service.

(d) In emergency situations involving 4F Foreign Agricultural Service.

individual cases, deviation approvals may 4G Forest Service.

be processed by telephone and later con4H Rural Electrification Administration. firmed in writing. 41 Soll Conservation Service.

(e) Requests for deviations may be 4J Economic Management Support Center. 4K Food and Nutrition Service.

made at any time. New FPR Issuances 4L Animal and Plant Health Inspection

should be reviewed upon receipt, so that Service.

requests for deviations can be acted upon 4M Federal Crop Insurance Corporation. prior to the effective date, whenever

4N Office of Operations Procurement Di- practicable. vision.

129 FR 14264, Oct. 16, 1964, as amended at (40 FR 6973, Feb. 18, 1975)

40 FR 6973, Feb. 18, 1975)

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