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1962, as amended, the Economic Opportunity Act of 1964, as amended, or title IV of the Social Security Act, as amended, shall contain a warranty by the contractor or grantee to the effect that no individual retained or hired by the contractor or grantee has performed or will perform representational activities before the Department of Labor if such individual was formerly employed in the Office of the Assistant Secretary for Manpower, the Manpower Administration, or any subdivision thereof in a position GS 14 or above within 2 years prior to the performance of such representational activities. The warranty clause shall provide that, in the event of breach or violation, the Department shall have the right to annul the contract or grant without liability to the Government, if the Department determines in its discretion, that the circumstances so warrant and that it is in the interest of the Government to do so. For the purposes of this paragraph, representational activities shall mean any appearance, conversation, or other direct contact in relation to the contract or grant between the former employee and any employee of the Department of Labor and shall include telephone conversations and any correspondence with the Department or any subdivision or employee thereof.
(b) The Secretary or his authorized representative shall establish a debarred list consisting of those persons or firms, corporations, concerns, private agencies or organizations which, after compliance with the procedural requirements set forth in § 1-1.604-1 of Title 41 of the Code of Federal Regulations, he has found to have violated the clause required under paragraph (a) of this section. He shall transmit this list to the General Services Administration. No contract or grant shall be awarded by the Department of Labor or any subdivision thereof to any of those on this debarred list or to any concern, corporation, firm, partnership, association, private agency or organization in which any of those on the debarred list has a controlling interest, for a period of 2 years from the time the individual, firm, corporation, concern, partnership, association, private agency or organization is placed on the list, unless the Secretary or his authorized representative otherwise provides.
Special review procedures.
In the case of any contract or grant of the kind described in § 29-61.1(a), a special review staff in the Office of the Assistant Secretary for Manpower shall review, prior to award, any such contract or grant to any firm or private agency or organization in which an individual is employed in an executive capacity who was formerly employed in the Office of the Assistant Secretary for Manpower, the Manpower Administration, or any subdivision thereof. The review shall be for the purpose of recommending to
the Assistant Secretary for Manpower whether there are any facts or circumstances which would indicate impropriety or conflict of interest. The recommendation shall be reviewed and acted upon by the Assistant Secretary for Manpower. § 29-61.3 Application of these regulations.
The regulations in this part shall be effective with regard to all contracts or grants entered into pursuant to invitations for bids issued or negotiations commenced on or after the effective date of these regulations.
CHAPTER 39-POST OFFICE DEPARTMENT
39-10 Bonds and insurance.
SOURCE: The provisions of this Subpart 39-1.1 appear at 28 F.R. 10879, Oct. 10, 1963, unless otherwise noted.
§ 39-1.101 Purpose.
This subpart establishes a system of Post Office Department Procurement Regulations (PODPR) for the codification and publication of policies and procedures for procurement by the Post Office Department (POD) which is subject to the Federal Property and Administrative Services Act of 1949, as amended.
§ 39-1.102 Authority.
PODPR are issued in compliance with the Federal Procurement Regulations System prescribed by the Administrator of General Services under the Federal Property and Administrative Services Act of 1949, as amended.
§ 39-1.103 Relation to Federal Procurement Regulations System.
The Federal Procurement Regulations System is designed to bring together, under Title 41, Subtitle A, of the Code of Federal Regulations, the procurement regulations applicable to all civilian agencies of the Government. Federal Procurement Regulations (FPR) Chapter 1. Chapter 39 is assigned for the procurement regulations of the POD. Parts 1 through 49 of PODPR (Chapter 39) will be used to implement or supplement the policies and procedures inIcluded in FPR. Material issued in the
first 49 parts of PODPR will be numerically keyed to the corresponding sections of FPR. Parts 50 through 99 of PODPR will be used for procurement policies and procedures for which there is no counterpart in FPR. The numbering system established by § 1-1.107-2 of this title will be utilized to the maximum practicable extent in PODPR.
§ 39-1.104 Content.
Chapter 39 will contain procurement policies and procedures, prescribed by the Assistant Postmaster General, Bureau of Facilities for uniform application throughout the POD, including the Postal Field Service.
§ 39-1.105 Applicability.
Except where a deviation is specifically authorized in accordance with § 39-1.110 or otherwise authorized by law, Departmental and field employees engaged in procurement activities shall comply with the policies and procedures set forth in FPR and PODPR. Other POD regulations affecting procurement will remain in effect until such time as they are rescinded, lapsed or are incorporated in PODPR.
§ 39-1.106 Exclusions.
Procurement policy or procedure which bears a security classification or is expected to be in effect for less than six months or which is instituted on an experimental basis will not be included in PODPR.
Regulations. Copies of PODPR, as published in the FEDERAL REGISTER and the Code of Federal Regulations, may be purchased by the public from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. § 39-1.107-3 Coordination.
Responsibility for the development of Chapter 39 of PODPR is assigned to the Assistant Postmaster General, Bureau of Facilities. In developing the regulations, this Bureau will solicit the views of the Bureaus and Offices concerned. The Office of General Counsel shall be responsible for determining the legality of all proposed regulations and policy and for making arrangements for the publication of these regulations and any subsequent implementation thereof in the FEDERAL REGISTER.
§ 39-1.108 Citation.
Any section of PODPR may be informally identified in internal instructions or correspondence by "PODPR” followed by the section number, as for example PODPR 39-1.108. Only those sections of the regulations which have been published in the FEDERAL REGISTER may be incorporated in contracts by reference. Such sections should be cited as "41 CFR" followed by the section number as "41 CFR 39-1.108". § 39-1.109
Bureau or office implemen
tation. Bureaus and Offices may supplement or implement the FPR and PODPR with internal instructions subject to the prior review and concurrence of the Assistant Postmaster General, Bureau of Facilities, and the Office of General Counsel. The purpose of this review is to ascertain that such instructions are consistent with FPR and PODPR, and that they do not contain material which should be issued as PODPR. A copy of each such instruction shall be furnished to the Procurement Division, Bureau of Facilities. Bureaus or Offices shall prepare for publication in the FEDERAL REGISTEG such instructions, which implement or supplement FDR or PODPR, as are considered to be of interest to the general public. Such material shall be first submitted to the Assistant Postmaster General, Bureau of Facilities, for review and concurrence. Such material will thereafter be reviewed for legal sufficiency by the Office of General Counsel. When all necessary Bureau or Office concurrences have been
Deviations (as described in § 1-1.0091 of this title) shall be kept to a minimum and shall be controlled as follows: (a) The Assistant Postmaster General, Bureau of Facilities, is authorized to approve deviations from FPR, to the extent authorized by FPR, and PODPR in individual cases when such action is clearly in the best interest of the Department. A record of the nature of each such deviation and the justification therefor shall be included in the contract file. A copy of each authorized deviation shall be sent to and retained by the Procurement Division, Bureau of Facilities. Any deviation must be approved in advance by the Assistant Postmaster General, Bureau of Facilities, and handled in the following manner.
(1) Request for deviation may be initiated by the contracting officer of any procuring activity of the Department or Postal Field Service. A request shall cite the specific part or section of FPR or PODPR from which it is desired to deviate, shall set forth the nature of the deviation, and shall give the reasons why such action is considered necessary or desirable. Request shall be routed through the head of the procuring activity for concurrence or additional comments. If the initiating office is at a field location, the request shall be routed through the cognizant Washington office of the Bureau or Office concerned. After the indicated concurrence has been obtained, requests shall be submitted to the Assistant Postmaster General, Bureau of Facilities.
(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 contracting officer with copies to interested Bureaus and Offices and the Procurement Division, Bureau of Facilities. The contract file of the requesting office shall include a copy of the request and approval.
(2) Where the deviation applies to a class of cases, necessary coordination with the General Services Administration will be accomplished by the Bureau of Facilities after consultation with the
Office of Research and Engineering, if necessary. The deviation may be issued as a part of PODPR. The Bureau or Office concerned may be authorized to issue internal instructions which incorporate the deviation consistent with § 1.109 of this title.
(c) When any deviation in a contract form provision is authorized, physical change may not be made in the printed form but shall be made by appropriate provision in the schedule, specifications or continuation sheet, as provided in the Department's procedures.
(d) The requesting office will be notified by memorandum, with copies to other interested Bureaus or Offices and the Procurement Division, Bureau of Facilities, whenever a requested deviation is disapproved.
(e) In emergency situations involving individual cases, deviation clearance may be handled by telephone or telegraph and later confirmed in writing.
(f) Requests for deviation may be made at any time, but contracting officers are urged to review new FPR releases as they are issued so that requests for deviation can be considered prior to the effective date of the FPR.
Subpart 39-1.3-General Policies AUTHORITY: The provisions of this Subpart 39-1.3 issued under R.S. 161, as amended, sec. 205, 63 Stat. 390; 5 U.S.C. 301, 39 U.S.C. 501, 40 U.S.C. 486.
§ 39-1.305-3 Deviations from Federal Specifications.
The Director, Procurement Division, Bureau of Facilities, or Acting Director, is authorized to approve deviations from Federal Specifications. This delegation of authority may not be redelegated. Deviations shall be kept to a minimum and controlled as follows:
(a) The Director, Procurement Division, Bureau of Facilities, or Acting Director, is authorized to approved deviations from Federal Specifications in individual cases when such action is clearly in the best interests of the Department. A record of the nature of each such deviation and the justification therefor shall be included in the contract file. Any deviation must be approved in advance of solicitation by the Director, Procurement Division, Bureau of Facili