1.4114 Its spe entert the guidelines set forth in § 1-4.411-4 will be observed by GSA. (b) Where a proposed procurement is referred by a procuring agency for prior review by GSA, the agency is authorized to complete the negotiation and execution thereof if no comments are made by GSA to the agency within 20 regular working days (or within such lesser period as may be agreed upon where time is a critical factor) from the date the proposal, documents, and data relating to the proposed procurement are received by GSA for prior review. GSA will acknowledge the date of receipt of the referral from the agency. § 1-4.411-3 Alternative prior review by the procuring agency. (a) Where a procuring agency, as of the effective date of the regulations in this subpart, has an established program and personnel technically qualified to deal with specialized utilities problems, adequate to accomplish its own prior review of the proposed utility procurements specified above in § 1-4.411-1(a), the agency shall notify the Administrator of General Services if it desires to continue its general responsibility for such prior review. This notification to the Administrator shall give the date, cite the implementing document, and summarize the review procedures relating to the agency's current program of prior review of proposed utility procurements. Continuation by the agency of its established general responsibility for prior review shall not be deemed to preclude referral of any specific case for prior review by GSA, whenever desired by the agency. (b) Any agency having an established program as described in paragraph (a) of this section and continuing its established general responsibility for prior review shall provide by agency procedure that its review shall be exercised at technical and management levels sufficiently high to assure uniform application of the guidelines set forth in § 1-4.411-4. However, proposed procurement documents requiring prior review may be prepared for signature by any agency official acting within the scope of his delegated authority. (c) A copy of each procurement document executed pursuant to § 1-4.4111(a) shall be retained in the procuring agency's file until the end of the retention period specified in § 1-4.410-6. In addition, if the procurement document is an authorization under an applicable GSA area wide contract, the agency shall furnish or arrange to furnish an executed counterpart or conformed copy to GSA pursuant to § 1-4.407(c). All procurement documents executed pursuant to § 1-4.411-1(a) shall be subject to such on-site postreview or periodic reporting as may be required by GSA. § 1-4.411-4 Guidelines for prior review. Whether the prior review of the proposed procurements specified in § 1-4.411-1(a) is handled by GSA in accordance with § 1-4.411-2 or by the procuring agency in accordance with § 1-4.411-3, the guidelines set forth below in this § 1-4.411-4 shall be observed: (a) Complete information relating to each proposed procurement shall be assembled by the procuring agency sufficiently in advance to permit full review. Such information shall include a technical description or specifications of the type and quality of the required services and a copy of any service proposal or proposed contract. If not included in the foregoing, a copy of the following additional documents and data shall be furnished wherever applicable: (1) Copies of all applicable rate schedules, published or unpublished, currently used by available utility suppliers in billings to customers having service requirements similar to those of the procuring agency. (2) The following data concerning quantity, quality, and time schedule of the required services: (1) Statement as to date initial service is required. (11) Technical description or specifications of the type and quality of the required services. (iii) Data on estimated maximum demand, average monthly consumption, and estimated annual cost for the first calendar year of full service. (iv) Known or estimated time schedule for growth to ultimate requirements. (v) Estimated ultimate maximum demand, ultimate average monthly consumption, and estimated annual cost of ultimate required services and facilities. (3) Identification of all available sources of supply and a statement as to the ability of each source to provide the required services. This should include the location and a description of each available supplier's facilities at the nearest point of service. (4) The following data concerning proposed facilities and related charges § 1-4.412 or costs: (1) Proposed refundable or nonrefundable connection charge, termination liability, or other facilities charge to be paid by the Government, if any, together with a description of the proposed supplier facilities and estimated construction costs entering into the determination of the proposed facilities charge. (1) A statement by the supplier that such proposed facilities charge is not in excess of the charge that other customers would be required to pay for like facilities under similar circumstances. (1) Description of the proposed Government-owned facilities and estimated construction costs, if any, needed to procure the required services. (5) Identification of any unusual factors affecting the procurement. (b) Approval of a proposed procurement specified in § 1-4.411-1(a), after prior review by GSA or the procuring agency, shall be based on written determinations and supporting findings meeting all the following criteria as a minimum in each case: (1) The proposed supplier is either the sole source of the required service or has been selected after consideration of more than one source of supply as provided in § 1-4.406-1; (2) The service to be provided is adequate in terms of quantity, quality, and time schedule to meet the procuring agency's needs; (3) The selected rate schedule is the most advantageous of the rate schedules available to the agency in terms of economy, efficiency, or service; (4) The proposed facilities charge, if any, is necessary to secure the required service, is based on current cost or pricing data, is reasonable in total amount. and may be certified for payment by the agency; and (5) The proposed procurement fulfills the requirements of this FPR Subpart 1-4.4. § 1-4.412 Capital credits from REAfinanced cooperatives. See § 101-36.3 for methods of processing capital credits issued by Rural Electrification Administration-financed cooperatives. [36 F.R. 13686, July 23, 1971] Subpart 1-4.5 [Reserved] Subpart 1-4.6-Livestock Products SOURCE: The provisions of this Subpart 1-4.6 appear at 29 F.R. 10185, July 24, 1964. unless otherwise noted. § 1-4.600 Scope. This subpart sets forth the policies and procedures applicable to the procurement of livestock products. § 1-4.601 General. Public Law 85-765, as amended, commonly known as the Humane Slaughter Act of 1958 (7 U.S.C. 1901-1906), provides certain restrictions on the procurement of livestock products by Federal agencies and instrumentalities. The Act states the policy of the United States to be that the slaughtering of livestock, and the handling of livestock in connection with slaughter, shall be carried out only by humane methods. In essence, the Act prohibits the purchase by the Federal Government of livestock products produced or processed by any slaughterer or processor which in any of its plants (or in the plants of an affiliated slaughterer or processor) slaughters, or handles in connection with slaughter, livestock by any method other than humane. Further, the Act requires a supplier to make a statement concerning his eligibility under the Act to supply livestock products, the statement to be such that the maker will be subject to prosecution if the statement is false. § 1-4.602 ucts. Definition of livestock prod. "Livestock products" means any article of food, or any article intended for or capable of being used as food, for either humans or animals, which is derived or prepared, in whole or in part, from slaughtered cattle, calves, horses, mules. sheep, swine, or goats. Livestock prod ucts do not include (a) supplies, the animal product portion of which is less than 5 percent by weight of the net unit weight, and (b) poultry. § 1-4.603 Exception. The requirements of this Subpart 1-4.6 do not supply to contracts for livestock products, executed and to be performed outside the United States, its possessions. and Puerto Rico. § 1-4.604 Procedures. (a) Proposed suppliers of livestock products shall be informed of the re quirements of the Humane Slaughter Act and shall be required to furnish a statement of eligibility in accordance with this 1-4.604. (b) Except as provided in (c) and (d) of this § 1-4.604, the Statement of Eligibility (Humane Slaughter Act) set forth in § 1-4.605 shall be included in all Invitations for bids. requests for proposals, and other contractual documents for livestock products, and shall be required to be duly signed by the supplier (contractor). (c) Where small purchases are involved (see Subpart 1-3.6), it will be sufficient if, as a part of the purchase documentation, the supplier (contractor) furnishes, over his signature, only paragraph (a) of said Statement of Eligibility (Humane Slaughter Act). are (d) When frequent purchases made from the same supplier (contractor) or the contracting officer deems it otherwise appropriate, the Statement of Eligibility (Humane Slaughter Act) may be obtained from the supplier (contractor) at reasonable intervals, but not less often than annually. When such Statement has been obtained, the clause set forth in § 1-4.606 may be inserted, in lieu of said Statement of Eligibility (Humane Slaughter Act), in all contracts or purchase orders issued to the supplier. § 1-4.605 Statement of eligibility clause. The following statement of eligibility clause shall be used in accordance with § 1-4.604: STATEMENT OF ELIGIBILITY (HUMANE (a) The supplier (contractor) agrees that livestock products sold to the Government, except products produced or processed from livestock slaughtered outside the United States, its possessions, and Puerto Rico, conform to the requirements of the Humane Slaughter Act of 1958 (7 U.S.C. 1901-1906). (b) "Livestock products" means any article of food, or any article intended for or capable of being used as food, for either humans or animals, which is derived or prepared, in whole or in part, from slaughtered livestock, namely, cattle, calves, horses. mules, sheep, swine, or goats. Livestock products do not include (1) supplies, the animal product portion of which is less than 5 percent by weight of the net unit weight, and (2) poultry. (c) A slaughterer or processor shall be deemed to be affiliated with another slaughterer or processor if it controls, or is controlled by, or is under common control with. such other slaughterer or processor. (d) Livestock products which conform to the requirements of the Humane Slaughter Act of 1958 are products which have been produced and processed either: (1) By those slaughterers and processors which, in all of their plants and in all of the plants of slaughterers and processors with which they are affiliated, slaughter, and handle in connection with slaughter. livestock only by methods designated as humane by the Secretary of Agriculture; or (2) From livestock slaughtered in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument, which ritual requirements have been designated as humane methods of slaughter by the subject Act. (e) This statement is made with full knowledge that it will be relied upon by the Government in entering into contracts with the supplier (contractor) and in payment of claims thereunder. WARNING Making any false statement herein or submission of any false claim hereunder will subject supplier (contractor) to punishment as provided in Title 18. United States Code, Crimes and Criminal Procedure. Date § 1-4.606 Humane method of livestock slaughter clause. The following clause shall be used in accordance with § 1-4.604(d): HUMANE METHOD OF LIVESTOCK SLAUGHTER (a) The supplier (contractor) agrees that livestock products sold to the Government, except products produced or processed from livestock slaughtered outside the United States, its possessions, and Puerto Rico, conform to the requirements of the Humane Slaughter Act of 1958 (7 U.S.C. 1901-1906). (b) The supplier (contractor) shall have furnished the Government a Statement of Eligibility (Humane Slaughter Act) before award of this contract or issuance of this purchase order, and such Statement is hereby Incorporated by reference. SOURCE: 38 FR 33594, Dec. 6, 1973, unless otherwise noted. § 1-4.1000 Scope of subpart. This subpart contains the general policies and procedures for the procurement of professional architect-engineer services, either individually or together, by contract. § 1-4.1001 General policy. Pursuant to Public Law 92-582 dated October 27, 1972, which amended the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471, et seq.), it is the policy of the Federal Government to publicly announce all requirements for architectengineer services, and to negotiate contracts for architect-engineer services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. § 1-4.1002 Definitions. (a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering. (b) "Agency head" means the Secretary, Administrator, or head of a department, agency, or bureau of the Federal Government. (c) "Architect-engineer services" are those professional services associated with research, development, design and construction, alteration, or repair of real property, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform: Including studies, investigations, surveys, evaluations, consultations, planning, programming, conceptual designs, plans and specifications, cost estimates, inspections, shop drawing reviews, sample recommendations, preparation of operating and maintenance manuals, and other related services. § 1-4.1003 Public announcements. To ensure the broadest publicity concerning the Government's interest in obtaining architect-engineer services, each agency head shall develop notices in accordance with § 1-1.1003 with respect to individual projects. § 1-4.1004-1 Establishment of architect engineer evaluation boards. (a) Each agency head shall establish one or more permanent or ad hoc architect-engineer evaluation boards to be composed of an appropriate number of members who, collectively, have experlence in architecture, engineering, construction, and related procurement matters. Members shall be appointed from among highly qualified professional employees (intra-agency and interagency) and private practitioners (if provided for by agency procedures) engaged in the practice of architecture, engineering or related professions. One Government member of each board shall be designated as the chairman. (b) No firm or organization shall be eligible for consideration for a contract during the period in which any of its principals or associates are participating as members of the procuring agency's evaluation board. [38 FR 33594, Dec. 6, 1973, as amended at 40 FR 30440, July 18, 1975] § 1-4.1004-2 Functions of the evalua tion boards. Under the general authority of the agency head's technical staff, the agency architect-engineer evaluation boards shall perform the functions prescribed by this section. (a) Collect and maintain current data files on architect-engineer firms, including information on the qualifications of their members and key employees and past experience on various types of construction projects. Standard Form 254, Architect-Engineer and Related Services Questionnaire, as supplemented (when applicable) by Standard Form 255, Architect-Engineer and Related Serv ices Questionnaire for Specific Project shall be used for this purpose. Information from other sources (such as other clients, other members of the profession, managers or occupants of facilities previously designed, and assessments by the procuring agency itself on prior projects awarded to a firm) may also be included in the files. (b) When procurement of architectengineer services is proposed, the board shall review the current data files on eligible firms, including files established on receipt of Standard Form 254 and Standard Form 255, when applicable, in response to the public notice of a par ticular contract. The board shall evaluate the firms in accordance with § 1-4.1004-3. After making this review and technical evaluation, the board shall hold discussions with not less than three of the most highly qualified firms regarding anticipated concepts and relative utility of alternative methods of approach for furnishing the required services. Architect-engineer fees shall not be considered in these discussions. (c) Prepare a report for submission to the agency head or his authorized representative recommending, in the order of preference, no less than three firms that are considered most highly qualified to perform the required services. This report shall include in sufficient detail the extent of the evaluation and review and the considerations upon which the recommendations were based. [40 FR 30440, July 18, 1975] In evaluating architect-engineer firms, the architect-engineer evaluation board shall apply the following criteria, other criteria established by agency regulation, and any criteria set forth in the public notice on a particular contract: (a) Specialized experience and technical competence of the firm (including a joint venture or association) with the type of service required; (b) Capacity of the firm to perform the work (including any specialized services) within the time limitations; (c) Past record of performance on contracts with Government agencies and private industry with respect to such factors as control of costs, quality of work, and ability to meet schedules; and (d) Familiarity with the area in which the project is located. § 1-4.1004-4 Action by agency head or his authorized representative. (a) The agency head (or the responsible official to whom the authority has been delegated) shall review the recommendations of the architect-engineer evaluation board and shall, in concert with appropriate technical and staff representatives, make the final selection, in the order of preference, of the firms considered best qualified to perform the work. Should that final selection of the best qualified firms be other than as recommended by the architectengineer evaluation board, the agency head shall provide a complete written documentation of his decision which shall become a part of the contract file. (b) The agency head or his authorized representative shall inform the board of his decision which will serve as an authorization for the contracting officer to commence negotiation. [38 FR 33594, Dec. 6, 1973, as amended at 40 FR 30440, July 18, 1975] § 1-4.1004-5 Procedures for procurements estimated not to exceed $10,000. When authorized by the agency head, one of the procedures set forth in paragraphs (a) and (b) of this section may be used in lieu of the procedures prescribed by § 1-4.1004-2(b) and (c) and actions prescribed by § 1-4.1004-4. (a) Selection by the board. After reviewing and evaluating architect-engineer firms in accordance with § 14.1004-2(b), the board shall prepare a report for submission to the contracting officer listing in the order of preference, a minimum of three firms which are considered the most highly qualified to perform the required services. This report shall include sufficient details of the extent of the evaluation and review made and the considerations upon which the selection is based. Further, the report shall serve as an authorization to the contracting officer to commence negotiation with the highest qualified firm. (b) Selection by the chairman of the board. When, in the judgment of the board, it is considered that board action is not required in connection with a particular selection of architect-engineer firms, the following procedures shall be followed: (1) The chairman of the board shall perform the functions required under § 1-4.1004-2(b); (2) The chairman of the board shall prepare a report in the same manner as prescribed by § 1-4.1004-2 (c) except that the report shall be submitted to the agency head's representative for concurrence; (3) The agency head's representative shall review the report and concur with the selection or return the report to the chairman for such action as he may consider necessary; and (4) Upon receipt of an approved report, the chairman of the board shall furnish the contracting officer a copy of the report which will serve as an authorization to commence negotiation. |