Subpart 4-1.6—Debarred, Suspended, and
Ineligible Bidders

4-1.600 Scope of subpart.

4-1.601 General.

4-1.601-1 Definitions.

4-1.602 Establishment and maintenance of

a list of concerns or individuals debarred, suspended, or declared ineligible. 4-1.602-1 Bases for entry on the debarred, suspended, and ineligible list.

4-1.603 Treatment to be accorded firms or individuals in debarred, suspended, or ineligible status.

4-1.604 Causes and conditions applicable to determination of debarment by an executive agency.

4-1.604-1 Procedural requirements relating to the imposition of debarment.

4-1.605 Suspension of bidders.

4-1.605-1 Causes and conditions under which executive agencies may suspend contractors.

4-1.605-2 Period and scope of suspension. 4-1.605-4 Notice of suspension.

4-1.606 Agency procedure.

4-1.650 Foreign firms or individuals.

4-1.650-1 Purpose.

4-1.650-2 Policy.

4-1.650-3 Definitions.

4-1.650-4 Reports.

4-1.650-5 Action by Department Debarring Officer.

(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 and Finance.

(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 Superin

§ 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 "§ 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.

§ 4-1.007-3 Citation.

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 § 41.006-2. 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 identi

§ 4-1.009-1 Description.

A description of the term "deviation" appears at § 1-1.009–1.

§ 4-1.009-2 Procedure.

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

(a) Deviations must be approved in advance. Individual case deviations may 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 and Finance. 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 and Finance.

(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 and Finance. 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 notified 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.

[29 FR 14264, Oct. 16, 1964, & amended at 40 FR 6973, Feb. 18, 1975]

§ 4-1.050 Relationship of AGPR to the FPR.

(a) AGPR Chapter 4 implements and supplements the FPR and is part of the Federal Procurement Regulations system. Material published in the FPR having Government-wide applicability becomes effective throughout the Department of Agriculture upon the effective date of the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise restated in Chapter 4.

(b) Implementing material is that which expands upon related FPR material. Supplementing material is that for which there is no counterpart in the FPR.

(c) Material in Chapter 4 may deviate from the FPR when a deviation (see § 4-1.009) is authorized and is explicitly referenced to the FPR. When Chapter 4 contains no material implementing the FPR, the FPR alone will govern.