Subpart 3-1.4—Procurement Responsibility and 3-1.401 Responsibility of the head of the 3-1.403 Requirements to be met before en- Subpart 3-1.6—Debarred, Suspended, and 3-1.602 Establishment, maintenance and distribution of a list of concerns or indi- viduals debarred, suspended, or declared ineligible (Debarred Bidders List). 3-1.602-1 Bases for entry on the HEW de- barred, suspended, and ineligible list. 3-1.603 Treatment to be accorded firms or individuals in debarred, suspended, or 3-1.604 Causes and conditions applicable to 3-1.604-1 Procedural requirements relating to the imposition of debarment. 3-1.605 Suspension of bidders. 3-1.605-1 Causes and conditions under which HEW may suspend contractors. Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(c)), as delegated by the Secretary. The Assistant Secretary for Management and Budget has redelegated the authority to establish Departmental procurement policy and publish procurement regulations to the Deputy Assistant Secretary for Grants and Procurement. This authority is not redelegable. [44 FR 25454, May 1, 1979] § 3-1.104 Applicability. The FPR and HEWPR apply to all HEW procurements of personal property, real property by lease, and nonpersonal services (including construction). The HEWPR applies to contracts and to agreements and other instruments (regardless of name) which are subject to 41 U.S.C. 252. Unless specified otherwise, these regulations apply to procurements within and outside the United States. Requests for authority to deviate from the FPR and HEWPR shall comply with procedures set forth in §§ 1-1.009 and 31.109. [36 FR 22980, Dec. 2, 1971, as amended at 39 FR 14340, Apr. 23, 1974] § 3-1.105 Exclusions. Certain HEW policies and procedures which come within the scope of this chapter nevertheless may be excluded from HEW Procurement Regulations. The exclusions are categorized as follows: (a) Policy or procedure which is expected to be effective for a period of less than 6 months which shall be issued in procurement circular format. (b) When the time will not permit preparation in final codified form, the policy or procedure shall be issued in procurement circular format. Conversion to permanent type HEWPR shall be made as soon as possible, in most instances, within 180 days. (c) Issuances of a semipermanent nature which have limited applicability, such as those pertaining to a specific program or geographical area (e.g., metropolitan Washington, D.C.), shall be published as manual guides. (a) HEWPR implement, supplement, and in some instances may deviate from, the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Supplementing material is that for which there is no counterpart in the FPR. Deviating material is defined in § 1-1.009 of the FPR. (b) Material published in the FPR which has Government-wide applicability becomes effective throughout HEW upon the effective date cited in the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise stated in HEWPR except to the extent necessary to implement or deviate from the FPR, HEWPR material will be effective on the date of the transmittal notice by which distributed unless otherwise indicated in the respective transmittal notice. (c) All HEWPR material deemed necessary for the general public to understand basic and significant HEW procurement policies and procedures will be published in the FEDERAL REGISTER and codified as Chapter 3 of Title 41, Code of Federal Regulations. The FEDERAL REGISTER and Title 41 of the 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] § 3-1.107 Arrangement. § 3-1.107-1 General plan. (a) The HEWPR 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 DHEW Staff Manual System, such regulations will be pub lished as integral parts of the HEW 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 HEWPR. Thus, there are gaps in the HEWPR sequence of numbers where the FPR, as written, are applicable to HEW procurement. § 3-1.107-3 Citation. The HEWPR 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 "§ 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 HEWPR may be identified informally, for purposes of brevity, as "HEWPR” followed by the section number, such as "HEWPR 3-1.107-3." § 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 HEWPR 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 HEWPR at the operating agency level will be issued by the heads of procuring activity (see § 3-75.101) or their designees. 83-1.109 Deviation. 83-1.109-1 Description. As used in the HEWPR, the term "deviation" pertains to actions set forth in § 1-1.009-1 of this title. 83-1.109-2 Procedure. In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from either the FPR or HEWPR 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 deviation from the FPR or HEWPR 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 HEWPR 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 60-119 0-80--2 |