by use of Form AD-78, Request for Printing and Binding.

[41 FR 26904, June 30, 1976]

§ 4-5.5401-1 Authority.

Under the provisions of the act of October 22, 1968 (44 U.S.C. 501), all Federal printing for agencies shall be done at the Government Printing Office or one of the Government Printing Office Regional Procurement Offices except classes of work the Joint Committee on Printing considers to be urgent or necessary to have done elsewhere. However, the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 756) provides that the General Supply Fund of the General Services Administration shall be available for purchase from or through the Public Printer of standard forms or blank book work for stores depots issue. A blank book is any book requiring printing, binding, or ruling operations, for its manufacture, and the primary purpose of which is for writing, sketching, or making entries. Generally, it must have covers, however light, and be stitched by wire or thread to be considered a "book." (If the pages are merely held together with an adhesive, it is usually a "pad" and not a "book.") The Printing and Binding Regulations of the Joint Committee on Printing provide that standard forms approved by the Office of Management and Budget or the General Accounting Office shall be obtained from the General Services Administration, unless otherwise authorized by the Joint Committee on Printing. With the approval of the Joint Committee on Printing, the Public Printer may arrange for such printing, binding, and blank book work as he is not able or equipped to do at the Government Printing Office to be done elsewhere under contract. (44 U.S.C. 502.) [41 FR 26904, June 30, 1976]

§ 4-5.5401-2 Funds for printing and binding.

Funds for printing and binding are carried in the various appropriations for the Department along with other regular funds.

§ 4-5.5401-3 Waiver.

Under the provisions of the act of October 22, 1968 (44 U.S.C. 504), the Joint Committee on Printing may permit the Public Printer to return to any agency of the Government any written requisition for Federal printing as in his opinion he is neither able nor suitably equipped to execute or which may be more economically, or in the best interest of the Government, procured elsewhere. No agency requisitioning printing from the Government Printing Office or one of the Government Printing Office Regional Procurement Offices shall anticipate the release of any requisition for direct procurement, until so advised by the Public Printer. (See 3 AR 295)

by two or more departments, establishments, or services of the Government in the District of Columbia. Reimbursement is to be made to the Public Printer from appropriations available for such purposes. The act of October 22, 1968 (44 U.S.C. 314), provides the same authority with respect to inks, glues, and other miscellaneous supplies.

(44 U.S.C. 103, 501, 502)

[37 FR 1234, Jan. 27, 1972]

84-5.5402-2 Types available.

The various items available are those listed in the Catalog and Price List of the U.S. Government Printing Office, Washington, D.C., entitled, "Blank Paper and Envelopes, Inks, Glues, and Miscellaneous Supplies and Services." Agencies who wish to be placed on the GPO distribution list for the catalog should contact the Government Printing Office, Paper and Material Control Section, Washington, D.C. 20401.

[41 FR 26904, June 30, 1976]

§ 4-5.5402-3 Method of acquisition.

It is mandatory that all Federal agencies procure their requirements for items listed in the catalog from the Government Printing Office, except when items for field use can be purchased more economically elsewhere, taking into consideration costs of packing and transportation by GPO, or as otherwise provided for in this paragraph. If any of the items listed in the catalog are not stocked by the Central Supply they may be purchased by placing an order on an agency purchase order form with the Public Printer, Government Printing Office, Washington, D.C. The Government Printing Office will deliver the items listed in the catalog to Department agencies in Washington, D.C., at the prices quoted. Items not listed in the Government Printing Office quarterly catalog do not require waivers from the GPO for procurement elsewhere. If delivery to field offices is desired, the Government Printing Office, upon request, will prepare the items for shipment and include in its billing a charge for packing. In such cases, a Government bill of lading may be fur

nished with the purchase order, or the Government Printing Office may be requested to arrange the transportation and include the cost in its billing. If purchases for field delivery are not to be made from the GPO, other mandatory sources of supply should not be overlooked.

[41 FR 26904, June 30, 1976]

§ 4-5.5403 Distribution of publications.

The Superintendent of Documents, Government Printing Office, maintains stocks of various publications for sale to Federal agencies and to the general public (44 U.S.C. 1702, 1705). Such publications may be acquired for Washington or field delivery by placing an order on an agency purchase order form to the Superintendent of Documents, Government Printing Office, Washington, D.C.

[41 FR 26904, June 30, 1976]

Subpart 4-5.57-Office of Operations and Finance

§ 4-5.5701 Central Supply. [40 FR 6976, Feb. 18, 1975] § 4-5.5701-1 Authority.

As authorized in the Agriculture Appropriation Act for 1944 (7 U.S.C. 2235) the Central Supply, Office of Operations and Finance, operates a central supply service for the purchase, storage, handling, issuance, packing, and shipping of supplies and equipment, which service shall be used to the fullest extent practicable in order to make unnecessary the separate maintenance of like services in agencies of the Department.

[41 FR 26904, June 30, 1976] § 4-5.5701-2 Delivery.

Agencies of the Department shall procure supplies, equipment, blank forms, or other materials needed for Washington, D.C., delivery from the Central Supply to the extent such materials are carried in stock by Central Supply. Field offices may order from the Central Supply only envelopes, letterhead paper, USDA service emblems, and various forms, as specified in Form AD-640, Departmental Forms

Catalog. Central Supply will not ship store items supplies outside the Washington metropolitan area, which includes Beltsville and Hyattsville, Maryland, and Rosslyn, Virginia. These items may be ordered through GSA, or commercially (See § 10126.301).

[41 FR 26904, June 30, 1976]

§ 4-5.5701-3 Forms available.

There is included in the Departmental Forins Catalog a list of forms available to all agencies of the Department. The list includes Standard, Departmental, Optional and other miscellaneous common use forms. Most of the forms listed are stocked in the Central Supply. All Optional forms and various Standard forms are not shipped outside the Washington, D.C. metropolitan area as specified in the Catalog. These forms must be requisitioned through GSA.

[41 FR 26905, June 30, 1976]

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

The Central Supply 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.

(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 Governmental and Public Affairs 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 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 Formis Catalog.

[41 FR 26905, June 30, 1976]

§ 4-5.5701-6 Handling charges.

The Central Supply 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 and Finance 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 and Finance's Memorandum No. 22. [41 FR 26905, June 30, 1976]

§ 4-5.5703 Procurement by the Office of Operations and Finance.

[40 FR 6976, Feb. 18, 1975]

Certain documentation is required from agencies submitting requisitions to the Office of Operations and Finance 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 Operations and Finance that the specifications have been reviewed by their staff (see § 41.453 of this chapter).

[41 FR 26905, June 30, 1976]

8 4-5.5703-3-4-5.5703-4 [Reserved]

§ 4-5.5703-5 Contract administration.

The successful completion of contracts awarded by the Office of Operations and Finance requires close cooperation and coordination between the Office of Operations and Finance and the agencies. After a contract is executed by the Office of Operations

and Finance 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.

[41 FR 26905, June 30, 1976]

Subpart

From

4-5.58-Purchases Government Agencies Under Section 601 of the Economy Act

§ 4-5.5801 Authority.

The authority for this paragraph is contained in the act of May 21, 1920, as amended by section 601 of the Economy Act (June 30, 1932), as amended (31 U.S.C. 686 and 686-1). Nothing in this paragraph affects purchases under working capital funds, or pursuant to specific agency authority for making sales. See 7 AR 93 and 106 regarding availability of appropriations and the handling of payments. [41 FR 26905, June 30, 1976]

§ 4-5.5802 Placing orders.

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.

§ 4-5.5803 Participation in extra-departmental contracts.

It is desirable to purchase under the contracts of other Government departments when suitable materials can be secured economically and all parties interested are agreeable to such purchases, but in so doing care should be exercised to handle all negotiations in such a manner as not to become burdensome to the contracting agency. Information concerning extra-departmental contracts may be obtained from the Office of Operations and Fi

nance.

[41 FR 26905, June 30, 1976]

PART 4-6-FOREIGN PURCHASES

Subpart 4-6.1-Buy American Act—Supply and Service Contracts

Sec.

4-6.105 Excepted articles, materials and

supplies.

4-6.150 Purchase from contracts made by other Departments.

4-6.151 Contracts for services.

Subpart 4-6.2--Buy American ActConstruction Contracts

4-6.202 Buy American policy. 4-6.202-2 Determining domestic construction material.

4-6.203 Unreasonable cost determination. 4-6.203-2 Cost computation.

4-6.250 Listing in invitation for bids.

Subpart 4-6.8— Balance of Payments Program

Sec.

4-6.805 Exceptions.

Subpart 4-6.51-Purchase From Foreign Firms or Individuals

4-6.5100 Scope. 4-6.5101 Debarred or suspended foreign individuals or firms, and those subject to administrative action by other agencies. AUTHORITY: 5 U.S.C. 301, 40 U.S.C. 486(c).

Subpart 4-6.1-Buy American ActSupply and Service Contracts

SOURCE: 29 FR 14320, Oct. 16, 1964, unless otherwise noted.

§ 4-6.105 Excepted articles, materials and supplies.

(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