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CHAPTER 16-OFFICE OF PERSONNEL

MANAGEMENT

Part
16-1
16-3
16-4
16-7
16-8
16-11
16-12
16-15
16-20

Page 364 369 376 380 383

General......
Procurement by negotiation........
Special types and methods of procurement ....
Contract clauses.......
Termination of contracts .....
Federal, State, and local taxes ............
Labor..
Contract cost principles and procedures ..........
Retention requirements for contractor and sub-

contractor records. ............
Contract modifications......

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PART 16-1-GENERAL

Sec.
Subpart 16-1.6-Debarred, Suspended, and

Ineligible Carriers

Sec. 16-1.000 Scope of part.

16-1.600 Scope of subpart. 16-1.601 Applicability.

Subpart 16-1.1-Regulation System

Subpart 16-1.9—Reporting Possible Antitrust 1

Violations 16-1.901 General policy. Subpart 16-1.10—Publicizing Procurement

Actions

16-1.101 Scope of subpart. 16-1.102 Purpose. 16-1.103 Authority. 16-1.104 Relationship of Chapter 16 to the

FPR. 16-1.106 Issuance. 16-1.107 Arrangement. 16-1.107-1 General plan. 16-1.107-2 Numbering. 16-1.107-3 Citation. 16-1.107-4 Cross references. 16-1.108 Implementation. 16-1.109 Deviation. 16-1.109-1 Description. 16-1.109-2 Procedure. 16-1.150 Use of designees.

16-1.1001 General policy. 16-1.1003 Synopses of proposed procure

ments. 16-1.1004 Synopses of contract awards.

Subpart 16-1.12—Responsible Prospective

Contractors

16-1.1200 Scope of subpart. 16–1.1201 Applicability.

Subpart 16-1.2-Definition of Terms 16-1.250 Definitions.

Subpart 16-1.23—Environmental Protection 16-1.2300 Scope of subpart.

AUTHORITY: 40 U.S.C. 486(c); 5 U.S.C. 8913.,

SOURCE: 46 FR 51569, Oct. 20, 1981, unless otherwise noted.

Subpart 16-1.3—General Policies 16-1.301 Method of procurement. 16-1.301-3 Negotiation. 16-1.302 Procurement sources. 16-1.302-1 Who may contract. 16-1.302–3 Contracts between the Govern

ment and Government employees or business concerns substantially owned

or controlled by Government employees. 16-1.303 Approval signatures. 16-1.313 Records of contract actions. 16-1.318 Disputes. 16-1.320 Subcontractor gifts and kick

backs. 16-1.323 Preference for U.S. Flag Air Car

riers. 16-1.328 Fraudulent claims. 16-1.341 Reporting Contract Actions (Fed

eral Procurement Data System).

$ 16–1.000 Scope of part.

This part describes the method by which the Office of Personnel Management (OPM) implements, supplements and deviates from the Federal Procurement Regulations (FPR) (41; CFR Chapter 1) through the estab- ; lishment of the OPM Procurement : Regulations (Chapter 16), which prescribe the Office procurement policies and procedures for the Federal Em ployees Health Benefits Program ; (FEHBP) contracts. Policies and procedures governing the award and administration of FEHBP contracts are contained in Part 4 of this chapter, 3 “Special Types and Methods of Procurement."

Subpart 16-1.1-Regulation System

Subpart 16-1.4-Procurement Responsibility

and Authority 16-1.400 Scope of subpart. 16-1.401 Responsibility of the Director,

Office of Personnel Management. 16-1.402 Authority of the FEHBP con

tracting officer. 16-1.403 Requirements to be met before

entering into contracts. 16-1.405 Ratification of unauthorized con

tract awards. 16-1.406 Cost accounting standards.

Subpart 16-1.5—Contingent Fees 16-1.500 Scope of subpart.

8 16–1.101 Scope of subpart.

This subpart sets forth introductory information pertaining to Chapter 16, explains its purpose, authority under which it is issued, its relationship to the FPR System, applicability, method of issuance, and arrangement.

It also provides procedures for imple to apply at a future date will be pubmenting and supplementing the FPR lished in the FEDERAL REGISTER prior and Chapter 16 and sets forth devi. to implementation by OPM. ation procedures.

$ 16–1.106 Issuance. $ 16-1.102 Purpose.

(a) Policies and procedures which Chapter 16 is prescribed by the Di. are issued in this chapter will be pubrector, Office of Personnel Manage- lished in the FEDERAL REGISTER as ment to provide direction and uni

Chapter 16 of Title 41 CFR. formity in the agency's procurement

(b) The FEDERAL REGISTER and Title of health coverage under the FEHB 41 CFR may be purchased by the Program

public from the Superintendent of

Documents, Government Printing $ 16-1.103 Authority.

Office, Washington, D.C. 20402.
Chapter 16 is issued under the au-
thority of 5 U.S.C. Chapter 89 and 40 8 16-1.107 Arrangement.
U.S.C. 486(c).

$ 16-1.107-1 General plan.
$ 16–1.104 Relationship of Chapter 16 to
the FPR.

Chapter 16 conforms with the FPR

system with respect to divisional ar. (a) The Federal Procurement Regu

rangements into parts, subparts, sec. lations set forth in Chapter 1, 41 CFR

tions, subsections, and further subdiviare applicable to contracts between

sions as necessary. the Office of Personnel Management (OPM) and health benefits plans for 8 16-1.107-2 Numbering. Federal employees and annuitants. Chapter 16 provides guidance to the

(a) Generally, the numbering system contracting officer, health benefit car

used in Chapter 16 conforms to that of riers and other interested parties for

Chapter 1 (see FPR 1-1.007-2). Thus, a implementing, supplementing and in

particular procurement policy or procertain instances, deviating from the

cedure is identified by the same PPR. Except as necessary to assure

number in both Chapter 1 and Chapcontinuity or understanding, material

ter 16, except that the first number in published in the FPR will not be re

Chapter 1 will be 1 rather than 16. peated, paraphrased, or otherwise re

(b) Where Chapter 16 implements a stated in Chapter 16.

part, subpart, section or subsection of (b) Implementing material is that the FPR, the implementing part, subwhich expands upon related FPR ma part, section or subsection of Chapter terial. Supplementing material is that

16 is numbered to correspond to the for which there is no counterpart in

FPR part, subpart, section or subsecthe FPR.

tion, e.g., $ 16–3.807-3 implements $ 1(c) Material in Chapter 16 may su

3.807-3 of the FPR. Paragraph and persede the FPR as when a deviation subparagraph designations of Chapter (see OPMPR 16-1.109-1) is authorized 16, however, are independently devel. but only when the deviation contains oped and do not necessarily correan explicit cross reference to the FPR. spond to a paragraph or subparagraph

(d) In order to make FEHBP carriers of the FPR. fully aware of which portions of the (c) Where Chapter 16 supplements FPR are applicable to contracts with the FPR and thus deals with subject FEHBP, and to establish official OPM matter not contained in the FPR, the policy for internal contract evalua- numbers in the group 50 through 99 tions, all parts of 41 CFR Chapter 1 are assigned to the respective supplewhich are deemed to have practical menting parts, subparts or sections. application to the administration of (d) Where the subject matter conFEHBP contracts are specifically dealt tained in the part, subpart, section or with in this Chapter 16. Any portions subsection of the FPR has no practical of the FPR which, because of a application at this time to FEHBP change in the contracting procedure contracts, this Chapter 16 contains no under the Program, become practical corresponding part, subpart, section or

$ 16-1.109-2 Procedure.

(a) In individual cases, when the contracting officer considers it necessary to deviate from the policies set forth in the FPR, a request for authority to do so will be submitted to the Director, Office of Personnel Man. agement. The request will clearly set forth the circumstances warranting the deviation and the nature of the deviation.

(b) Deviations in classes of cases shall be in accordance with FPR 11.009-2(c). Class deviations will be set forth in this Chapter 16 as provided in $ 16-1.104(c).

subsection. Thus, there are gaps in the Chapter 16 series of part, subpart, section and subsection numbers. 8 16-1.107-3 Citation.

(a) In formal documents, such as legal briefs, citation of Chapter 16 material which has been published in the FEDERAL REGISTER will be to Title 41 CFR.

(b) Any section of Chapter 16, for purpose of brevity, may be informally identified as “OPMPR" followed by section number. For example, this paragraph would be identified in a memorandum as “OPMPR 16-1.1073(b)”. 8 16-1.107-4 Cross references.

(a) Within Chapter 16, cross references to the FPR will be made in the same manner as used within the FPR. Illustration of cross references to the FPR are:

(1) Part 1-3.
(2) Subpart 1-3.8.

(3) Section 1-3.807-50(a). The word "section" or its symbol (8) is used in making a cross reference even though the reference may be to a subsection, paragraph or subparagraph. For example, this reference is actually to a paragraph.

(b) Within Chapter 16, cross reference to parts, subparts and sections of Chapter 16 will be in a manner generally similar to that used in making references to the FPR. For example, this paragraph would be referred to as § 16-1.107-4(b).

8 16-1.150 Use of designees.

Throughout the regulations in Chapter 16, responsibilities and duties are assigned to certain individuals by position title, and, in many instances, the submission of reports to and by these individuals is also prescribed. Whenever these titles are used, the individual occupying these positions may, unless otherwise restricted by law or the regulations in 5 CFR Part 890 or this Chapter 16, designate a subordinate to act for him or her.

Subpart 16-1.2-Definition of Terms

$ 16-1.250 Definitions.

Definitions pertaining to this Chapter 16 are contained in Part 16-4, "Special Types and Methods of Procurement.”

Subpart 16-1.3—General Policies

8 16-1.108 Implementation.

As portions of the FPR are prescribed, procurement policies and procedures which have practical application to the FPR will be issued in Chapter 16 by the Director, Office of Personnel Management. 8 16-1.109 Deviation. & 16-1.109-1 Description.

(a) The term "deviation” as used in Chapter 16 is defined in the same manner as described in FPR 1-1.009-1.

(b) In order to maintain uniformity to the greatest extent feasible, deviation from the FPR will be kept to a minimum.

8 16-1.301 Method of procurement. 8 16-1.301-3 Negotiation.

Use of formal advertising in connection with the award of FEHBP contracts is determined not to be feasible or practicable. Pub. L. 86-382, as amended and codified at 5 U.S.C. chapter 89, authorizes the negotiation of FEHBP contracts. FEHBP contracts, accordingly, will be negotiated pursuant to the provisions of FPR 13.215 and the authority in 41 U.S.C. 252(c)(15) which permits the negotiation of contracts “otherwise authorized by law.”

816-1.302 Procurement sources.

eral Procurement Data System Sum of

Contract Actions of $10,000 or Less $16–1.302-1 Who may contract.

and Subcontract Data on Selected The OPM may contract with health Prime Contracts”, as appropriate, to benefits carriers for plans meeting the the Administrative Services Division, requirements of 5 U.S.C. Chapter 89, 5 Acquisition Branch, for each procureCFR Part 890, and this Chapter 16 for ment action. the provision of health coverage.

(b) Costs under FEHB contracts in

clude those for (1) carrier's adminis$16–1.302–3 Contracts between the Gov- trative expenses, (2) a service charge

ernment and Government employees or for carriers and (3) benefit costs. The business concerns substantially owned first two categories of costs reflect the or controlled by Government employ costs for operating the Program under ees.

contract and shall be reported on FPR 1-1.302-3 is applicable to the

Standard Form 279. Benefit costs are administration of the FEHBP con

compensation expenses of an employtracts. Except where OPM is directed er/employee relationship and shall be by statute to contract with Govern

reported by OPM as a part of its ment employees.

annual reports on Federal employee

compensation. $ 16-1.303 Approval signatures.

(c) FEHBP contract awards take FPR 1-1.303 is applicable to the ad

place only during the first quarter of ministration of the FEHBP contracts.

the calendar year. Dollar values re

ported on Standard Form 279 shall be $ 16-1.313 Records of contract actions. the amounts of such costs estimated FPR 1-1.313 is applicable to the ad

for the coming year during the rate ministration of the FEHBP contracts.

setting process for experience rated

carriers. For community rated carri. $ 16-1.318 Disputes.

ers, such costs shall be actuarily esti

mated as a percentage of total subFPR 1-1.318 is applicable to FEHBP contracts and a clause conforming in

scription income. substance to the Disputes clause set forth in OPMPR 16-7.502-2 shall be

Subpart 16-1.4-Procurement included in all FEHBP contracts.

Responsibility and Authority $16-1.320 Subcontractor gifts and kick- & 16-1.400 Scope of subpart. backs.

This subpart sets forth the authorFPR 1-1.320 is applicable to the ad- ity of the Director, Office of Personministration of the FEHBP contracts. nel Management and the FEHBP con

tracting officer. $ 16–1.323 Preference for U.S. Flag Air Carriers.

8 16–1.401 Responsibility of the Director, FPR 1-1.323 is applicable to the ad.

Office of Personnel Management. ministration of the FEHBP contracts. The director is responsible for ap

proval of the basic policies affecting $ 16-1.328 Fraudulent claims.

the administration of the FEHB law FPR 1-1.328 is applicable to the ad- and issuance of regulations impleministration of the FEHBP contracts. menting these policies. 816-1.341 Reporting Contract Actions 816-1.402 Authority of the FEHBP con

(Federal Procurement Data System). tracting officer. (a) The contracting officer shall The FEHBP contracting officer is comply with FPR 1-1.341 set out in authorized to enter into and adminisTemporary Regulation 48 by submit- ter FEHBP contracts on behalf of the ting Standard Form 279, "Federal Pro. Government and make related findcurement Data Systems Individual ings and determinations within the Contract Action Report · (Over limitations of his or her prescribed $40,000)” or Standard Form 281, "Fed duties and authority. In the exercise

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