§ 4-5.5701-4 Ordering standard and AD forms.

The Central Supply Branch purchases, stocks, and issues Standard and AD forms and uses the Working Capital Fund to initially finance the cost of such operation. Agencies shall reimburse the Working Capital Fund for the cost of such forms as well as the handling cost. With the following exceptions, all agency requirements for Standard and AD forms shall be obtained from the Central Supply Branch:

(a) Tabulating cards, purchase orders and vouchers for transportation charges.

(b) Standard forms, which are not overprinted, serially numbered, or otherwise altered, for field use, shall be requisitioned from field warehouses of the Federal Supply Service.

(c) Agencies may order AD forms directly from the Public Printer when it appears to be more economical, because of quantity, frequency of ordering, use is limited and stocking in the Central Supply store is not feasible, or other special circumstances. Orders for forms from the Public Printer must be submitted on a printing requisition (AD-78) to the Office of Communication for review and processing. A statement explaining the reasons why such an order would be more economical must be included with the requisition.

[40 FR 6976, Feb. 18, 1975, as amended at 41 FR 26905, June 30, 1976]

§ 4-5.5701-5 Method of acquisition.

Supplies and forms stocked by the Central Supply Branch shall be requisitioned on Form AD-14, Request for Supplies, Equipment, or Service. Detailed instructions for its use are on the reverse side of the form. Additional instructions are contained in the Central Supply Stock Catalog and the Departmental Forms Catalog.

[41 FR 26905, June 30, 1976]

§ 4-5.5701-6 Handling charges.

The Central Supply Branch operates under a working capital fund. The handling charge for store item supplies is based on a fixed percentage of Central Supply's operating costs, as related to the agency's volume of business. Separate estimates and percentages are developed to determine handling charges on printed forms, letterhead paper, envelopes, and USDA service emblems.

[41 FR 26905, June 30, 1976]

§ 4-5.5702 Departmental contracts.

The Office of Operations makes consolidated term contracts for services constantly in demand by the Department but not covered by Federal Supply Schedules or other term contracts. Agencies are notified of these contracts through supplements to Office of Operations' Memorandum No. 22.

[41 FR 26905, June 30, 1976]

§ 4-5.5703 Procurement by the Office of Operations.

[40 FR 6976, Feb. 18, 1975]

§ 4-5.5703-1 General.

In order to accommodate agencies having a need therefor, the Office of Operations will, on agency request, solicit bids or proposals and/or award contracts when: (a) The agency has no delegated procurement contracting authority or assigned procurement office, (b) the contemplated contract is in excess of the amount of contracting authority delegated to the agency, or (c) the contract is otherwise beyond the authority of the agency. In such circumstances agencies are encouraged to include Office of Operations procurement 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.

(b) Specifications reflecting the 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 § 4-1.453 of this chapter).

[41 FR 26905, June 30, 1976]

§ 4-5.5703-3

§ 4-5.5703-4

§ 4-5.5703-5

[Reserved]

[Reserved]

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 responsibility 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.

Any executive department or independent establishment of the Government or any bureau or office thereof, if funds are available therefor and if it is determined by the head of such department, establishment, bureau, or office to be in the interest of the Government to do so, may place orders with any other such department, establishment, 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.

Unreasonable cost determination.

Cost computation.

Listing in invitation for bids.

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

(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 product is found to meet agency requirements. In that event, adequate notice shall be given immedi

66-008-76-20

$4-7.101-4 Variation in quantity.

Note that the standard variation in quantity provision in § 1-7.101-4 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.

§ 4-7.101-12 Disputes.

When Standard Forms are not utilized, the disputes clause must be consistent with the Wunderlich Act (41 U.S.C. 321322) 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 erroneous 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.

84-7.101-13 Notice and assistance

garding 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 omcers, 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 neoessarily 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. Subpart 4-7.50-Clauses of General Application

84-7.5001 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 anal 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

-----------

Subpart 4-7.51-Research Agreements With Educational Institutions SOURCE: The provisions of this Subpart 4-7.51 appear at 35 FR. 12604, Aug. 7, 1970, unless otherwise noted.

§ 4-7.5100 Scope of subpart.

This subpart sets forth clauses for use in Research Agreements negotiated or entered into with Educational Institutions as prescribed in Subpart 4–3.51. 84-7.5101 Clauses.

The clauses set forth in this § 4-7.5101 shall be incorporated in all research agreements. These clauses are included in Form AD-452, General Provisions, which is incorporated by reference in Research Agreement Form AD-451. See § 4-3.5106. [38 FR 5639, Mar. 2, 1973]