Subpart 4-1.50—Claims Against Contractors

Sec.

4-1.5001 Time for filing complaints. 4-1.5002 Prompt reply to inquiries.

AUTHORITY: The provisions of this Part 4-1 issued under 5 U.S.C. 301, 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 4-1 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 4-1.0 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.

§ 4-1.004-2 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 Procurement 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

§ 4-1.006-1 Code arrangement.

AGPR are issued in the Code of Federal 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]

§ 4-1.006-3 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.

§ 4-1.007-2 Numbering.

The numbering system permits identification of every unit. The first digit, "4", represents the chapter allocated to the Department, followed by a dash. This is followed by the part number (which may be one or more digits) followed by a decimal point. The numbers after the decimal point represent respectively, the subpart, section (in two digits), and after the dash, subsection, paragraph, subparagraph, and further inferior divisions. For example, this division is called "section 4-1.007-2", in which the first digit denotes the chapter, the second the part, the third the subpart, the fourth and fifth the section, and the sixth the subsection.

AGPR will be cited in accordance with approved FEDERAL REGISTER standards. Thus, this section should be cited as "41 CFR 4-1.0073." Any section of AGPR may be informally identified for purposes of brevity, as “AGPR" followed by the section number, such as "AGPR 4-1.007-3".

§ 4-1.008 Agency implementation.

As portions of AGPR material are prescribed, agencies within the Department may publish in the FEDERAL REGISTER implementing regulations deemed necessary, as outlined in § 4-1.006-2. Detailed instructions of interest primarily for internal agency guidance will not be published in the FEDERAL REGISTER. All implementing regulations shall be prepared to conform with FPR style and arrangement, except that the looseleaf format may be in a single column per page. Regulations or instructions issued by agencies of the Department will be identified by the use of alphabetical suffixes with the chapter number as follows:

4A Agricultural Marketing Service. 4B Agricultural Research Service. 4C Agricultural Stabilization and Conservation Service.

4D Farmers Home Administration. 4E Extension Service.

4F Foreign Agricultural Service. 4G Forest Service.

4H Rural Electrification Administration. 41 Soil Conservation Service.

4J Economic Management Support Center. 4K Food and Nutrition Service.

4L Animal and Plant Health Inspection Service.

4M Federal Crop Insurance Corporation. 4N Office of Operations Procurement Division.

140 FR 6973, Feb. 18, 1975]

Deviations from the FPR and AGPR trolled as follows: shall be kept to a minimum and con

advance. Individual case deviations may (a) Deviations must be approved in be approved by the Heads of Department Agencies or their designated representative. Deviations for classes of cases must be approved by the Director, Office of Operations. Requests to the Director for approval of class deviations shall be initiated by the Heads of Department Agencies. Requests for deviations shall cite the specific part of the FPR or AGPR from which it is desired to deviate, set forth the nature of the deviations, and give reasons for the action requested.

(b) If a requested deviation is considered appropriate approval will be accomplished as follows:

(1) Where the deviation applies to an individual case, approval will be granted by memorandum addressed to the requesting officer with copies to interested offices. The contract file of the requesting office shall include a copy of the request and approval. A copy of the request and approval shall be furnished to the Office of Operations.

(2) Where the deviation applies to a class of cases, necessary coordination with the General Services Administration and Office of Management and Budget will be accomplished by the Office of Operations. The deviation may be issued as a part of AGPR, or the agency concerned may be authorized to issue internal instructions which incorporate the deviation.

(c) The requesting office will be notifiled by memorandum, with copies to other interested offices, whenever a requested deviation is disapproved.

(d) In emergency situations involving individual cases, deviation approvals may be processed by telephone and later confirmed in writing.

(e) Requests for deviations may be made at any time. New FPR Issuances should be reviewed upon receipt, so that requests for deviations can be acted upon prior to the effective date, whenever practicable.

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