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menting and supplementing the FPR 8 3-1.105 Exclusions. and the HHSPR, and sets forth devi

Certain HHS policies and procedures ation procedures.

which come within the scope of this

chapter nevertheless may be excluded 8 3-1.102 Purpose.

from HHS Procurement Regulations. The HHSPR are issued to establish The exclusions are categorized as foluniform policies and procedures which lows: conform with the Federal Procure- (a) Policy or procedure which is exment Regulations System. The objec- pected to be effective for a period of tives of the Federal Procurement Reg- less than 6 months which shall be ulations System are: To provide great- issued in procurement circular format. er uniformity in Government procure- (b) When the time will not permit ment policies and procedures applica- preparation in final codified form, the ble to the procurement of personal policy or procedure shall be issued in property and nonpersonal services (in

procurement circular format. Convercluding construction); to provide for sion to permanent type HHSPR shall codification and publication of policies be made as soon as possible, in most and procedures; and to make the poli- instances, within 180 days. cies and procedures readily available

(c) Issuances of a semipermanent to procurement officials, and to the

nature which have limited applicabilpublic, as applicable.

ity, such as those pertaining to a spe

cific program or geographical area § 3-1.103 Authority.

(e.g., metropolitan Washington, D.C.), The HHSPR are prescribed by the shall be published as manual guides. Assistant Secretary for Management and Budget under authority 5 U.S.C.

8 3-1.106 Issuance. 301 and Section 205(c) of the Federal (a) HHSPR implement, supplement, Property and Administrative Services and in some instances may deviate Act of 1949, as amended (40 U.S.C. from, the FPR. Implementing materi486(c)), as delegated by the Secretary. al is that which expands upon or indi. The Assistant Secretary for Manage- cates the manner of compliance with ment and Budget has redelegated the related FPR material. Supplementing authority to establish Departmental material is that for which there is no procurement policy and publish pro- counterpart in the FPR. Deviating macurement regulations to the Deputy terial is defined in § 1-1.009 of the Assistant Secretary for Grants and FPR. Procurement. This authority is not re- (b) Material published in the FPR delegable.

which has Government-wide applica(44 FR 25454, May 1, 1979)

bility becomes effective throughout

HHS upon the effective date cited in § 3-1.104 Applicability.

the particular FPR material. Such ma

terial generally will not be repeated, The FPR and HHSPR apply to all HHS procurements of personal proper

paraphrased, or otherwise stated in

HHSPR except to the extent necesty, real property by lease, and nonper

sary to implement or deviate from the sonal services (including construction).

FPR, HHSPR material will be effecThe HHSPR applies to contracts and

tive on the date of the transmittal to agreements and other instruments

notice by which distributed unless oth(regardless of name) which are subject

erwise indicated in the respective to 41 U.S.C. 252. Unless specified oth

transmittal notice. erwise, these regulations apply to pro

(c) All HHSPR material deemed neccurements within and outside the United States. Requests for authority

essary for the general public to under

stand basic and significant HHS proto deviate from the FPR and HHSPR

curement policies and procedures will shall comply with procedures set forth

be published in the FEDERAL REGISTER in $$ 1-1.009 and 3-1.109.

and codified as Chapter 3 of Title 41, (36 FR 22980, Dec. 2, 1971, as amended at 39 Code of Federal Regulations. The FEDFR 14340, Apr. 23, 1974)

ERAL REGISTER and Title 41 of the

where the FPR, as written, are applicable to HHS procurement.

Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. [36 FR 22980, Dec. 2, 1971, as amended at 38 FR 4667, Feb. 20, 1973]

8 3-1.107 Arrangement.

8 3-1.107-3 Citation.

The HHSPR will be cited in the same manner as the FPR are cited. Thus, this section, in referring to divisions of the FPR system, should be cited as "g 3-1.107-3 of Chapter 3." When the official Code of Federal Regulations citation is used, this section should be cited as “41 CFR 31.107-3." Any section of the HHSPR may be identified informally, for purposes of brevity, as “HHSPR” followed by the section number, such "HHSPR 3-1.107-3."

as

§ 3-1.108 Implementation.

(a) Procurement policies and procedures which are necessary to implement, supplement, or deviate from the FPR will be issued in the HHSPR by the Director of Procurement and Materiel Management, OS-OASAM, when necessary to accomplish Departmentwide procurement objectives.

(b) Policies and procedures which are necessary to implement and supplement the FPR and the HHSPR at the operating agency level will be issued by the heads of procuring activity (see § 3-75.101) or their designees.

§ 3-1.107-1 General plan.

(a) The HHSPR conform with the Federal Procurement Regulations System with respect to divisional arrangements into parts, subparts, sections, subsections, and further subdivisions as necessary.

(b) As the FPR System pertains to the Department, it consists of (1) regulations published by the Administrator of General Services in Chapter 1-Federal Procurement Regulations, and (2) complementary Departmental regulations published in Chapter 3. In keeping with the DHHS Staff Manual System, such regulations will be published as integral parts of the HHS Procurement Regulations. § 3-1.107-2 Numbering.

(a) The FPR System of numbering permits the keying of similar subject matter throughout Chapters 1 and 3. Each section number is a combination showing to the left of the decimal point the chapter and part numbers, separated by a dash. To the right of the decimal point the subpart, section, and subsection numbers are indicated in that order. Thus, the Department, to complement the cost-plus-a-fixedfee contract provisions contained in Chapter 1, Part 1-3, Subpart 1-3.4, Section 04, Subsection 3 of the Federal Procurement Regulations (§ 1-3.4043), would assign the section number “3-3.404-3” to the complementary provisions.

(b) The first 49 parts of Chapter 3 are reserved for regulations implementing Chapter 1. Part 50 and succeeding parts are reserved for Departmental and agency regulations that are not included in Chapter 1 or elsewhere in Chapter 3.

(c) Where material in the FPR requires no implementation or deviation, there is no corresponding number in the HHSPR. Thus, there are gaps in the HHSPR sequence of numbers

8 3-1.109 Deviation.

§ 3-1.109-1 Description.

As used in the HHSPR, the term "deviation" pertains to actions set forth in § 1-1.009-1 of this title.

§ 3-1.109-2 Procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from either the FPR or HHSPR shall be kept to a minimum and controlled as follows:

(a) When a change is considered necessary to a prescribed contract clause, request for approval shall be submitted in the manner set forth in § 316.5003.

(b) With the exception of paragraph (a) of this section, the head of each procuring activity or the official he has designated to act for him in authorizing a deviation from procurement regulations shall authorize a debe attached to each proposed revision submitted for review.

Subpart 3-1.2-Definition of Terms

SOURCE: 43 FR 48999, Oct. 20, 1978, unless otherwise noted.

§ 3-1.200 Scope of subpart.

Definitions of commonly used procurement terms are in Subpart 1-1.2 of the Federal Procurement Regulations. This subpart sets forth the definitions of other procurement and administrative terms used throughout this chapter.

§ 3-1.206 Head of the procuring activity

(HPA). (44 FR 25454, May 1, 1979)

viation from the FPR or HHSPR only after he obtains approval resulting from the submission of a request to the Director of Procurement and Materiel Management, OASAM, prepared in accordance with paragraphs (c) and (d) of this section.

(c) When an agency or staff office determines that a deviation is needed, it shall normally request the deviation in writing as far as possible in advance of need. In an exigency, an agency or staff office may request a deviation verbally, to be confirmed in writing as soon as circumstances permit.

(d) A deviation request shall set forth clearly and precisely:

(1) Nature of the needed deviation;

(2) Identification of the FPR or HHSPR from which the deviation is needed;

(3) Circumstances under which the deviation would be used;

(4) Intended effect of the deviation; (5) Time frame; and

(6) Reasons which will contribute to complete understanding and support of the requested deviation. Copies of pertinent background papers such as forms, or contractor's request, should accompany the deviation request.

(e) Where deviations from the FPR in classes of cases are considered necessary, requests for authority to deviate shall be submitted through administrative channels to the Director of Procurement and Materiel Management, OASAM, who will consider the submission jointly with the General Services Administration (GSA). Where compelling circumstances preclude the obtaining of prior concurrence of GSA, the Director of Procurement and Materiel Management, OASAM, may authorize a deviation and shall inform GSA of the deviation including the circumstances under which it was required.

§ 3-1.206-1 Designation.

The heads of the principal operating components have been designated "heads of procuring activities” along with the following officials:

(a) Deputy Assistant Secretary for Grants and Procurement, OS;

(b) Director, Office of Facilities Engineering, OS;

(c) Director, Office of Management Services, OS; and

(d) Principal Regional Officials. [44 FR 25454, May 1, 1979)

8 3-1.206-2 Redelegation.

(a) The heads of procuring activities may redelegate their HPA authorities to the extent that redelegation is not prohibited by the terms of their respective delegations of authority, by law, by the Federal Procurement Regulations, by the HHS Procurement Regulations, or by other regulations. To ensure proper control of redelegated procurement authorities, HPA's shall maintain a file containing successive delegations of HPA authority through and including the contracting officer level.

(b) Personnel delegated responsibility for procurement functions must possess a level of experience, training, and ability commensurate with the complexity and magnitude of the procurement actions involved. (44 FR 25454, May 1, 1979)

§ 3-1.150 Revision.

When an operating agency deems it essential that a regulation set forth in HHSPR be changed in the interest of program effectiveness, a proposed revision of the regulation may be submitted to the Director of Procurement and Materiel Management, OASAM, for review and consideration. A detailed statement of justification shall

OE-Director, Division of Grants and Procurement Management, Office of Management.

NIE-Chief, Contracts and Grants Management Division, Office of Administration and Management.

RO–Director, Regional Administrative Support Center in each Regional Office.

Subpart 3-1.3-General Policies

§ 3-1.250 Principal official responsible for

procurement. The “principal official responsible for procurement” is defined in terms of certain organizational positions within the Office of Management Services (OMS-OS), Office of Facilities Engineering (OFE-OS), Social Security Administration (SSA), Health Care Financing Administration (HCFA), Office of Human Development Services (OHDS), National Institutes of Health (NIH), Health Services Administration (HSA), Health Resources Administration (HRA), Food and Drug Administration (FDA), Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), Center for Disease Control (CDC), Office of the Assistant Secretary for Health (OASH), Office of Education (OE), National Institute of Education (NIE), and the Regional Offices (RO's), as follows:

8 3-1.302 Procurement sources. [36 FR 22981, Dec. 2, 1971)

8 3-1.302-1 General.

(a) Section 103-25.160 of the Materiel Management Manual sets forth the priority by which Department procurement activities shall utilize the various sources of supply, and procedures for requesting waivers to deviate from mandatory sources. [36 FR 22981, Dec. 2, 1971)

$ 3-1.313 Records of contract actions.

OMS-OS-Director, Division of Contract and Grant Operations, OMS-OASMB.

OFE-OS-Director, Office of Facilities Engineering, OASMB.

SSA-Director, Division of Contracting and Procurement, Office of Materiel Man. agement, Office of Management and Administration.

HCFA-Chief, Contract Branch, Division of Contracts, Grants, and Administrative Services, Office of Management and Budget.

OHDS–Chief, Contracts Branch, Division of Grants and Contracts Management, Office of Administration and Management.

NIH–Director, Division of Contracts and Grants, Office of Administration (For procurements assigned to the Division of Contracts and Grants); Director, Division of Administrative Services, Office of Administration (For procurements assigned to the Divi. sion of Administrative Services).

HSA-Director, Office of Contracts and Grants, Office of Administration.

HRS—Director, Division of Grants and Contracts Management, Office of Administration.

FDA-Director, Division of Contracts and Grants Management, Office of the Associate Commissioner for Administration.

ADAMHA-Director, Division of Grants and Contracts Management, Office of the Administrator.

CDC-Director, Procurement and Grants Office, Office of the Center Director.

OASH-Director, Division of Materiel Management, Administrative Support Center, Office of Management.

83-1.313-50 General.

(a) All procuring activities within HHS shall maintain an official contract file for each contract issued. Files for small purchase transactions shall be established and maintained in accordance with Subparts 1-3.6 and 33.6.

(b) Operating agencies shall ensure that each contract file constitutes an independent record, documented to provide a complete chronology of all actions related to the contracting aspects of a procurement. Each contract file shall contain documents or other data sufficient to explain and support the rationale, judgments, and authori. ties upon which all decisions and actions were predicated. (34 FR 5159, Mar. 13, 1969. Redesignated at 36 FR 22981, Dec. 2, 1971)

8 3-1.318 Contracting officer's decision

under a disputes clause. A copy of each contracting officer's decision shall be furnished to the contractor by certified mail, return receipt requested, or in person, obtaining a receipt therefor. [37 FR 12797, June 29, 1972)

8 3-1.318-50 Decision preparation, proc.

essing, and modification or withdrawal. (a) Where a dispute arises under a contract, the contracting officer will prepare a final decision pursuant to the Disputes Clause of the contract. This single document in the format set forth in paragraph (b) of this section should contain a simple and concise statement of: (1) The claim, (2) the decision, (3) the findings of fact which support the decision, and (4) the reference to the Disputes Clause.

(b) The following format is suggested for use by contracting officers in preparing decisions under the disputes clause, if the contractor's claim is disallowed:

ed, for advice as to legal sufficiency and format before forwarding them to contractors. Contracting officers shall submit a copy of the complete contract file with each proposed final decision.

(d) At any time within the period of appeal, the contracting officer may modify or withdraw his final decision. If an appeal from the final decision has been taken to the ASBCA, the contracting officer will forward his recommended action to the Office of General Counsel (GBA) together with the file required by § 3-1.318-50(c), as supplemented to support the recommended correction or amendment.

(37 FR 12797, June 29, 1972)

(Date of findings and decision) Subject: Decision disallowing request of

8 3-1.318-51 Disputes appeals.

(a) The Secretary has designated the ASBCA to hear, consider, and determine fully and finally appeals by contractors from decisions of contracting officers or their authorized representatives pursuant to the provisions of contracts requiring his decisions.

(b) Appeals will be governed by the rules set forth in 32 CFR 30.1, Appendix A (Rules of the Armed Services Board of Contract Appeals) and by the implementation of ASBCA rules 3 and 4 as set forth in § 3-1.318-52(a) and (b).

[40 FR 16319, Apr. 11, 1975)

(Name of contractor)
Under contract No.
Date
To:

(Name and address of contractor) 1. In accordance with the provisions of the above-numbered contract, I have considered your request for (insert factual description of the request to identify clearly its nature and scope).

2. Your request as set forth above is disallowed (in whole or in part, according to the fact) for the following reasons: (Insert the findings of fact upon which the disallowance or allowance is based.)

3. The disputes “Clause" of the contract provides that within 30 days from the date of receipt hereof the contractor may appeal from this decision by mailing or otherwise furnishing to the contracting officer a written appeal addressed to the Secretary of the Department of Health and Human Services. Two copies should accompany the original notice of appeal. The notice of appeal should identify the contract (by number), the decision from which the appeal is taken, and be signed by appellant or an officer of appellant organization, or by a duly authorized representative or attorney.

4. The Armed Services Board of Contract Appeals (ASBCA) is the authorized representative of the Secretary for hearing and determining such disputes.

(c) Contracting officers shall refer all proposed final decisions to the Office of General Counsel (GBA), OS, or the Regional Attorney in the HHS Regional Office for the region in which the procuring activity is locat

8 3-1.318-52 Preparation and processing

of appeal files. (a) Forwarding appeals. When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing (or date of receipt, if otherwise conveyed) and within 10 days shall forward said notice of appeal to the ASBCA with a copy to the Division of Business and Administrative Law, Office of General Counsel or cognizant Regional Attorney as appropriate. Following receipt by the Board of the original notice of an appeal (whether through contracting officer or otherwise), the contractor, the contracting officer, and the Office of General Counsel, will be promptly advised of its receipt, and the contractor

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