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410-11

to execute a formal bilateral written

DISPUTES contract when required by this Subpart

Insert the clause prescribed in § 1-7.1-4.4, the contracting officer ordinarily

102–12, and in negotiated contracts add shall continue negotiations in an endeav.

a paragraph (c), as follows: or to obtain the supplier's consent to such a contract. However, after a definite (c) The provisions of (a) above shall not and final refusal by the supplier to exe

apply to disputes which are subject to the

jurisdiction of a Federal, State, or other apcute a contract, the agency may procure

propriate regulatory body. The provisions services by use of a Government purchase

of (a) above shall also be subject to the reorder or other written request for service.

quirements of the law with respect to the
The agency shall immediately report the rendering of utility services and the collec-
supplier's refusal to execute a contract tion of regulated rates.
to GSA, forwarding full documentation,

(10) Conflicts.
Including a copy of the record of negotia-
tions. A full record of the negotiations

CONFLICTS
with the supplier, including the reasons To the extent of any inconsistency between
for the supplier's position, shall be re the provisions of this contract and any
tained in the procuring agency's file.

schedule, rider, or exhibit incorporated in

this contract by reference or other fe, or (b) Representatives of GSA are avail.

any of the Contractor's rules and regulations, able to provide assistance to executive

the provisions of this contract shall control. agencies at any stage of negotiation of

(11) Listing of employment openings. a proposed procurement in order to fa.

(See $ 1-12.1102-2). cilitate the consummation of a mutually

(12) Payment of interest on Contracen Ort satisfactory contract between the agency

tors' claims. (See § 1-1.322). and the supplier.

(13) Utilization of Minority Business

Enterprises. (See § 1-1.1310-2(a)). § 1-4.410–5 Uniform ciauses for ultility service contracts.

(14) Utilization of Small Business

Concerns. (See § 1-1.710-3(a)). The commercial forms and provisions (15) Utilization of Labor Surplus Area used by utility companies shall be used Concerns. (See § 1-1.805-3(a)). by agencies in procuring utility services (16) Employment of the handicapped. required for their programs in accord (See § 1-12.1304-1). ance with the procedures prescribed in (17) Clean air and water. (See $ 1this subpart. However, all utility service

1.2302-2), contracts shall include the clauses pre

(b) Clauses to be used when applicable. scribed by this section in the manner in

The following clauses shall be used when dicated. The clauses classified as "man

applicable:

(1) Gratuities. The following clause the datory" shall be included in all con

should be used when the contract is for tas : tracts. Clauses "' which are classified

utility services to be used wholly or partly heeft “when applicable" shall be included in

by one or more installations of the accordance with the individual require

Armed Services. ments for the use of those clauses.

GRATUITIES
(a) Clauses that are mandatory.
(1) Definitions. (See § 1-7.102-1).

(a) The Government may, by written

notice to (2) Examination of records by Comp

the Contractor, terminate the troller General. (See § 1-7.103-3).

right of the Contractor to proceed under this

contract if it is found, after notice and hear(3) Equal opportunity. (See $ 1-12.803–

ing, by the Head of the agency or his duly

authorized representative, that gratuities (4) Certification of nonsegregated fa (in the form of entertainment, gifts, or cilities. (See § 1-12.803–10.)

otherwise) were offered or given by the Con(5) Officials not to benefit. (See $ 1–7. tractor, or any agent or representative of the 102–17).

Contractor, to any officer or employee of the (6) Covenant against contingent fees.

Government with a view toward securing a (See $ 1-1.503).

contract or securing favorable treatment

with respect to the awarding or amending, (7) Convict labor. (See § 1-12.204.)

or the making of any determinations with (8) Contract work hours and Safety

respect to the performing of such contract; Standards Act-overtime compensation. Provided, That the existence of the facts (See $ 1-12.303).

upon which the Head of the agency or his (9) Disputes.

duly authorized representative makes such

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for signature by any agency official

1(a) shall be retained in the procuring availab

addition, if the procurement document

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 execu-
tion thereof if no comments are made by
GSA to the agency within 20 regular
working days (or within such lesser pe-
rod as may be agreed upon where time is
a critical factor) from the date the pro-
posal, documents, and data relating to
the proposed procurement are received by
GSA for prior review. GSA will acknowl.
edge the date of receipt of the referral

is an
GSA &
furnis.
counte
pursue
ment
§ 1-4.4
on-sito
as ma
§ 1-4.

Whe
propos
§ 1-4.4
cordar
curing
§ 1-4.4
low in

(a)
each
assem
ciently
Such

may be re and Supply Records), a copy of each exe.

cuted utility service procurement docu. ract is ter(a) hereof,

ment and supporting records is required tled (i) to

to be retained in the procuring agency's st the Con

Ale for a period of 6 years after complee event of a tion of service. During the service perlod

Contractor, and the ensuing 6 years, all such docution to any ments and records shall be subject to be entitled

such on-site postreview or periodic rean amount the agency

porting as may be required by GSA. (See utive) which

also § 1-4.411 on prior review of certain - more than proposed procurements by executive 'y the Con agencies.) gratuities to

§ 1-4.411 Prior review of certain proof the Gov

posed procurements. shall not be § 1-4.411-1 General.

any other
aw or under (a) Proposed utility procurements by

executive agencies, including proposed
contracts, proposed authorizations under
applicable GSA areawide contracts, and

proposed memorandums of understandg upon and ing for consolidated purchase, joint use, -essors, legal or cross-service by one agency for anthe respec

other agency, shall be subject to prior re

view by GSA or, in the alternative, by the .327-5(c)).

procuring agency as described in $1. Enterprises 4.411-3 below, before execution thereof, (See $ 1 if either of the following circumstances

applies: contracting (1) The annual cost of the service to be ).

procured is estimated by the using ubcontract agency, at the time of initiation of the 3(b)).

service or annual review of the expendi. ards. Insert ture, to exceed $50.000; or cions as set

(2) A proposed connection charge, h) (2), and termination liability, or any other facilions under ities charge to be paid by the agency n Subpart

(whether or not refundable) is estimated ed contract

to exceed a total of $10,000. 1204-1 and

(b) Proposed utility procurement speracts under cified in paragraph (a) of this section n Subpart shall be referred to GSA for prior review i in § 1-3. unless the procuring agency has an shall not be

established program and personnel tech: law or reg

nically qualified to deal with specialized nerwise ex

utilities problems, as described in $ 14: 1) or (2). 411-3 below. If prior review is handled e uniform by GSA, it will follow the provisions set paragraph forth in § 1-4.411-2. If, however, prlor Form 1685,

review is handled by the procuring lity Service

agency, it shall follow the provisions set A will fur

forth in § 1-4.411-3. In either event any agency

guidelines to be used in such prior reoduction as

views are set forth in § 1-4.411-4.
(31

FR 16417, Dec. 23, 1966, as amended at

40 FR 44140, Sept. 25, 1975) periodic re

§ 1-4.411-2 Prior review by GSA.

(a) Where a procuring agency refers as (41 CFR the proposed procurements specified in rocurement

§ 1-4.411-1(a) for prior review by GSA, 292

from the agency.
$14.411-3 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

nical
deal with specialized utilities problems,
adequate to accomplish its own prior re type a
view of the proposed utility procure and a
ments specified above in § 1-4.411-1(a),

propos
the agency shall notify the Administrator the fo
of General Services if it desires to con-

additic tinue its general responsibility for such furnis prior review. This notification to the

(1) Administrator shall give the date, cite ules, p the implementing document, and sum used marize the review procedures relating billing to the agency's current program of prior

quiren review of proposed utility procurements.

curing Continuation by the agency of its estab

(2) lished general responsibility for prior re

quanti view shall not be deemed to preclude the red referral of any specific case for prior

to dat review by GSA, whenever desired by the

Techni

the ty (b) Any agency having an established

service
program as described in paragraph (a)

mum
of this section and continuing its estab-
lshed general responsibility for prior re-

sumpti
view shall provide by agency procedure

the fir that its review shall be exercised at tech

(iv) K nical and management levels sufficiently

for gro high to assure uniform application of the

(v) Es guidelines set forth in § 1-4.411-4. How

mand, Ever, proposed procurement documents

sumptic requiring prior review may be prepared

ultimat

(3) I eeting within the scope of his delegated

sources

the abi (c) A copy of each procurement docu- require meat executed pursuant to $ 1-4.411

the loc

igency.

authority.

agency's file until the end of the reten-
tion period specified in $1-4.410-6. In

est poir

(4) ? propose

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the guidelines set forth in § 1-4.411-4 WWII is an authorization under an applicable be observed by GSA.

GSA areawide contract, the agency shall (b) Where a proposed procurement is furnish or arrange to furnish an executed referred by a procuring agency for prior counterpart or conformed copy to GSA review by GSA, the agency is authorized pursuant to § 1-4.407(c). All procureto complete the negotiation and execu ment documents executed pursuant to tion thereof if no comments are made by § 1-4.411-1(a) shall be subject to such GSA to the agency within 20 regular on-site postreview or periodic reporting working days (or within such lesser pe. as may be required by GSA. riod as may be agreed upon where time is

§ 1-4.411-4 Guidelines for prior review. & critical factor) from the date the proposal, documents, and data relating to

Whether the prior review of the the proposed procurement are received by proposed procurements specified in GSA for prior review. GSA will acknowl. § 1-4.411-1(a) is handled by GSA in acedge the date of receipt of the referral

cordance with § 1-4.411-2 or by the profrom the agency.

curing agency in accordance with

§ 1-4.411-3, the guidelines set forth be& 14.411-3 Alternative prior review by

low in this § 1-4.411-4 shall be observed: the procuring agency.

(a) Complete information relating to (a) Where a procuring agency, as of each proposed procurement shall be Eiko the effective date of the regulations in assembled by the procuring agency sufi

this subpart, has an established program ciently in advance to permit full review. LDS and personnel technically qualified to Such information shall include a tech

deal with specialized utilities problems, nical description or specifications of the adequate to accomplish its own prior re type and quality of the required services

view of the proposed utility procure and a copy of any service proposal or cute ments specified above in § 1-4.411-1(a), proposed contract. If not included in

the agency shall notify the Administrator the foregoing, a copy of the following of General Services if it desires to con. additional documents and data shall be tinue Its general responsibility for such furnished wherever applicable: prior review. This notification to the (1) Coples of all applicable rate schedAdministrator shall give the date, cite ules, published or unpublished, currently the implementing document, and sum used by available utility suppliers in marize the review procedures relating billings to customers having service reto the agency's current program of prior quirements similar to those of the proreview of proposed utility procurements. curing agency. Continuation by the agency of its estab (2) The following data concerning lished general responsibility for prior re quantity, quality, and time schedule of view shall not be deemed to preclude the required services: (1) Statement as referral of any specific case for prior to date initial service is required. (11) review by GSA, whenever desired by the Technical description or specifications of agency.

the type and quality of the required (b) Any agency having an established

services. (111) Data on estimated maxiprogram as described in paragraph (a) mum demand, average monthly conof this section and continuing its estab

sumption, and estimated annual cost for lished general responsibility for prior re the first calendar year of full service. view shall provide by agency procedure (iv) Known or estimated time schedule that its review shall be exercised at tech for growth to ultimate requirements. nical and management levels sufficiently (V) Estimated ultimate maximum dehigh to assure uniform application of the

mand, ultimate average monthly conguidelines set forth in § 1-4.411-4. How

sumption, and estimated annual cost of ever, proposed procurement documents requiring prior review may be prepared

ultimate required services and facilities. for signature by any agency official

(3) Identification of all available acting within the scope of his delegated sources of supply and a statement as to authority.

the ability of each source to provide the (c) A copy of each procurement docu required services. This should include ment executed pursuant to $ 1-4.411 the location and a description of each 1(a) shall be retained in the procuring available supplier's facilities at the nearagency's file until the end of the reten est point of service. tion period specified in § 1-4.410-6. In (4) The following data concerning addition, if the procurement document proposed facilities and related charges

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rolled by, or is under common control with.

(a) Proposed suppliers of livestock

and shall be required to furnish a stateTitle 41—Public Contracts, Property Management able or non

§ 1-4.600 Scope. Tolley e, termina

This subpart sets forth the policies es charge to

and procedures applicable to the proif any, toof the pro

curement of livestock products. i estimated § 1-4.601 General. nto the de

Public Law 85-765, as amended, comd facilities

monly known as the Humane Slaughter che supplier

Act of 1958 (7 U.S.C. 1901-1906), pro. 5 charge is

vides certain restrictions on the procurethat other

ment of livestock products by Federal to pay for

agencies and instrumentalities. The Act ar circum

states the policy of the United States ne proposed

to be that the slaughtering of livestock, s and esti

and the handling of livestock in con. any, needed

nection with slaughter, shall be carrled ces.

out only by humane methods. In essence, nusual fac

the Act prohibits the purchase by the nt.

deral Government of livestock prod. ed procure

ucts produced or processed by ang -1(a), after

slaughterer or processor which in any e procuring

of its plants (or in the plants of an alItten deter

filiated slaughterer or processor) slaughdings meet

ters, or handles in connection with as a mini

slaughter, livestock by any method other

than humane. Further, the Act requires s either the

a supplier to make a statement convice or has

cerning his eligibility under the Act to son of more provided in

supply livestock products, the statement

to be such that the maker will be subded is ade

ject to prosecution if the statement is

false. quality, and procuring § 1-4.602 Definition of livestock prod.

ucts. dule is the

“Livestock products" means any article e schedules

of food, or any article intended for or ons of econ

capable of being used as food, for either

humans or animals, which is derived or 5 charge, if

prepared, in whole or in part, from he required slaughtered cattle, calves, horses, mules

. ost or pric

sheep. swine, or goats. Livestock prodcal amount.

ucts do not include (a) supplies, the nent by the

animal product portion of which is less hent fulfills

than 5 percent by weight of the net unit PR Subpart

weight, and (b) poultry.

§ 1-4.603 Exception. From REA.

The requirements of this Subpart 1-4.6

do not supply to contracts for livestock of processo

products, executed and to be performed by Rural outside the United States, its possessions

. n-financed and Puerto Rico.

§ 1-4.604 Procedures. rved)

products shall be informed of the reProducts

quirements of the Humane Slaughter Act his Subpart uly 24, 1964,

ment of eligibility in accordance with

this § 1-4.604. 294

(b) Except as provided in (c) and (d) of this $14.604, the Statement of Sligibillty (Humane Slaughter Act) set forth in § 1-4.805 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 in-
volved (see Subpart 1-3.6), it will be suf-
ficient if, as a part of the purchase docu-
mentation, the supplier (contractor)
furnishes, over his signature, only para-
graph (a) of said Statement of Eligibility
Humane Slaughter Act).

(d) When frequent purchases are
made from the same supplier (contrac-
tor) or the contracting officer deems it
otherwise appropriate, the Statement of
Eligibility (Humane Slaughter Act) may
be obtained from the supplier (contrac-
tor) at reasonable intervals, but not less
often than annually. When such State-
ment 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 pur-
chase orders issued to the supplier.

of eligibility

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114.605 Statement

clause.
The following statement of eligibility
clause shall be used in accordance with

114.604:

§ 1-4.

S

STATEMENT OF ELIGIBILITY (HUMANE

SLAUGHTER ACT) (A) The supplier (contractor) agrees thai The ivestock products sold to the Government,

accord except products produced or processed from prestock slaughtered outside the United

HUMAN States

, Its possessions, and Puerto Rico, conform to the requirements of the Humane

(a) Slaughter Act of 1958 (7 U.S.C. 1901–1906).

livestoc (b) “Livestock products" means any are

except

livestor ticle of food, or any article intended for or capable of being used as food, for either

States, bumans of animals, which is derived or

formt prepared, in whole or in part, from slaugh

Slaugh tered livestock, namely, cattle, calves, horses,

(b) mules , sheep, swine, or goats. Livestock

furnish products do not include (1) supplles, the

Eligibil almal product portion of which is less than

award 5 percent by weight of the net unit welght,

purcha Incorpo

and (2) poultry.

(c) A slaughterer or processor shall bo deemed to be amllated with another slaughlefer of processor 1! It controls, or 18 con

§ 1-4.

Repe

ruch other slaughterer or processor.
(d) Livestock products which conform to
the requirements of the Humane Slaughter

statem ance Depar accord

80-1320-11-20

295

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(b) Except as provided in (c) and (d) Act of 1958 are products which have been

of this $ 1-4.604, the Statement of produced and processed either: ta Eligibility (Humane Slaughter Act) set

(1) By those slaughterers and proces

sors which, in all of their plants and in all of forth in § 1-4.605 shall be included in all ada

the plants of slaughterers and processors Invitations for bids. requests for pro

with which they are affiliated, slaughter, and posals, and other contractual documents handle in connection with slaughter. llvefor livestock products, and shall be re stock only by methods designated as humane quired to be duly signed by the supplier by the Secretary of Agriculture; or (contractor).

(2) From livestock slaughtered in (c) Where small purchases are in

cordance with the ritual requirements of the

Jewish faith or any other religious faith that volved (see Subpart 1-3.6), it will be suf

prescribes a method of slaughter whereby ficient if, as a part of the purchase docu

the animal suffers loss of consciousness by mentation, the supplier (contractor) anemia of the brain caused by the simultanefurnishes, over his signature, only para ous and instantaneous severance of the graph (a) of said Statement of Eligibility carotid arteries with a sharp lustrument, (Humane Slaughter Act).

which ritual requirements have been desie. (d) When frequent purchases

nated as humane methods of slaughter by are

the subject Act. made from the same supplier (contrac

(e) This statement is made with full tor) or the contracting officer deems it

knowledge that it will be relied upon by the otherwise appropriate, the Statement of Government in entering into contracts with Eligibility (Humane Slaughter Act) may the supplier (contractor) and in payment of be obtained from the supplier (contrac

claims thereunder.
tor) at reasonable intervals, but not less

WARNING
often than annually. When such State-
ment has been obtained, the clause set

Making any false statement herein or sub

mission of any false claim hereunder will forth in § 1-4.606 may be inserted, in lieu

subject supplier (contractor) to punishment of said Statement of Eligibility (Humane

as provided in Title 18. United States Code, Slaughter Act), in all contracts or pur Crimes and Criminal Procedure. chase orders issued to the supplier.

Date $ 1-4.605 Statement of eligibility

(Name of Supplierclause.

Contractor)
The following statement of eligibility

Ву

(Title) irestone clause shall be used in accordance with $ 1-4.604:

(Address) STATEMENT OF ELIGIBILITY (HUMANE

§ 1-4.606 Humane method of livestock SLAUGHTER ACT)

slaughter clause. (a) The supplier (contractor) agrees that The following clause shall be used in livestock products sold to the Government, accordance with $ 1-4.604 (d): except products produced or processed from livestock slaughtered outside the United HUMANE METHOD OF LIVESTOCK SLAUGHTER States, its possessions, and Puerto Rico, conform to the requirements of the Humane

(a) The supplier (contractor) agrees that Slaughter Act of 1958 (7 U.S.C. 1901-1906).

Ilvestock products sold to the Government,

except products produced or processed from (b) “Livestock products" means any ar

livestock slaughtered outside the United ticle of food, or any article intended for or

States, Its possessions, and Puerto Rico, concapable of being used as food, for either

form to the requirements of the Humano humans or animals, which is derived or

Slaughter Act of 1958 (7 U.S.C. 1901-1906). prepared, in whole or in part, from slaugh

(b) The supplier (contractor) shall have tered livestock, namely, cattle, calves, horses,

furnished the Government a Statement of mules, sheep. swine, or goats. Livestock

Eligibility (Humane Slaughter Act) before products do not include (1) supplies, the

award of this contract or issuance of this animal product portion of which is less than

purchase order, and such Statement is hereby 5 percent by weight of the net unit weight,

Incorporated by reference. and (2) poultry.

(C) A slaughterer or processor shall be § 1-4.607 Reporting violations. deemed to be affliated with another slaugh

Reports of possible violation of A terer or processor if it controls, or is controlled by, or is under common control with.

statement of eligibility given in accordsuch other slaughterer or processor.

ance with § 1-4.604 shall be made to the (d) Livestock products which conform to Department of Justice by each agency in the requirements of the Humane Slaughter accordance with agency procedures.

295

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