3-55.301-4

3-55.301-5

3-55.301-6

Negotiation of contracts.
Contract award.

Modification of contracts.

3-55.301-7 Contract administration.

AUTHORITY: The provisions of this Part 355 issued under 5 U.S.C. 301; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 3-55 appear at 34 F.R. 5168, Mar. 13, 1969, unless otherwise noted.

§3-55.000 Scope of part.

This subpart deals generally with the obtaining of services by contract and specifically with certain types of contracts which can be properly classified as service contracts. It does not cover the services of individuals obtained by direct appointment or through normal Civil Service employment procedures, nor does it cover the obtaining of services by grant. The term "service" as used in this part is not necessarily synonymous with the term "Service" as used in the Service Contract Act of 1965 (Public Law 89-286, 41 U.S.C. 351–357). Whether or not that Act applies to a contract in this part will be determined by the definitions given in the Act or implementing regulations.

Subpart 3-55.3-Management
Consultant Services

§ 3-55.300 Scope of subpart.

This subpart sets forth procedures for negotiating and administering management consultant services contracts with firms and organizations.

§ 3-55.301-1 Purchase request.

After receipt of the Assistant Secretary for Administration's approval to procure management consultant services, the requiring activity shall forward the approval together with a purchase request to the appropriate procuring activity for necessary procurement action. § 3-55.301-2 Authority.

(a) Management consultant services contracts shall be entered into under authority contained in 5 U.S.C. 3109, provided authority to use this statute is contained in an HEW appropriation or other act. Authority to negotiate such contracts should be cited as 5 U.S.C. 3109 and 41 U.S.C. 252(c) (15).

§ 3-55.301-3 Type of contract.

Fixed-price contracts with provision for downward adjustment shall be used for procurement of management consultant services, except in rare instances when other than a fixed-price contract is considered appropriate. If other than a fixed-price proposal is to be solicited, the contracting officer shall forward a complete justification through administrative channels for approval by the Assistant Secretary for Administration. Other than fixed-price proposals or negotiations shall not be solicited or commenced until the contracting officer has received the Assistant Secretary's approval.

§ 3-55.301-4 Negotiation of contracts.

(a) Proposals shall be solicited from at least three firms or organizations to assure adequate competition.

(b) Contracting officers shall include in the request for proposals a requirement that each offeror furnish the following information with his proposal, notwithstanding the type of contract anticipated:

(1) The name(s), title(s), and qualifications of principal members of the offeror's organization who will be responsible for the project;

(2) The number and classification of employees who will participate;

(3) The estimated number of manhours that each official and employee will contribute to the proposed project;

(4) The standard hourly billing rate for each official and employee or class of officials and employees. This rate shall incorporate any overhead costs and profit.

(c) The contract shall contain provisions to ensure that the proposal of the successful offeror will be adhered to (as negotiated and agreed) with respect to the information in § 3-55.301-4(b).

(d) In addition, the request for proposals and the resulting contract shall contain the following provisions:

(1) That the contractor warrants the rates quoted are not in excess of those charged nongovernmental clients for the same services performed by the same individuals;

(2) That the contractor shall provide at the request of the Government all working papers used by the participating officials and employees of the firm or organization in connection with the project;

(3) That publication or distribution of the study, data, or other related material is prohibited without the prior written approval of the contracting officers;

(4) That the contractor agrees, if the estimated number of hours of participation by his employees as set forth in the contract is not used in contract performance or if individuals specified do not perform work under the contract as the parties negotiated and agreed, the total contract price shall be reduced accordingly, provided the total charges to be made by the contractor are less than the total contract price.

§ 3-55.301-5 Contract award.

After receiving required approval to procure management consultant services, procurement may be made without

a further, Departmental approval. No contract shall be entered into for longer than one year.

§ 3-55.301-6 Modification of contracts. When supplemental agreements or change orders are required to change substantially the basis upon which the contract was made, such as, to revise the scope of work, change time limitations, or change the contract price, authorization for the change shall be requested in the same way as the original authorization to procure the services.

§ 3-55.301-7 Contract administration.

(a) Authority of the project officer. Each requiring activity (operating agency or staff office) shall appoint a project officer for each proposed contract. The project officer should come from the functional area in which the work is to be performed and should be familiar with all aspects of the work scope. He shall assist the contracting officer during contract negotiations and shall be responsible for guiding the technical aspects of the project and general supervision of the work being performed. He shall also be responsible for checking on the progress of the work and for reviewing and recommending approval to the contracting officer of contractor vouchers and final acceptance of the work rendered. The project officer shall not make any commitments while discussing a proposed contract or contract change and shall not authorize any changes which affect price, terms, or conditions of an existing contract. He shall refer all such matters to the contracting officer for action.

AGPR are issued under 5 U.S.C. 301 and 40 U.S.C. 486 (c), or under other authority specifically cited.

[34 F.R. 2308, Feb. 18, 1969] 84-1.104 Applicability.

84-1.104-1 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.

§ 4-1.104-2 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 applicable to such functions, insofar as it is feasible, consistent with efficient program operations.

are

Those parts of AGPR which 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.

[30 F.R. 14374, Nov. 17, 1965]

§ 4-1.106-3 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.

[34 F.R. 2308, Feb. 18, 1969]

§ 4-1.106-4 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.

§ 4-1.107-1 General plan.

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

§ 4-1.107-2 Numbering.

The numbering system permits identification of every unit. The first digit, "4", represents the chapter allocated to the Department, followed by a dash.