(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).

(d) When frequent purchases are 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
SLAUGHTER ACT)

(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

ac

(2) From livestock slaughtered in cordance 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 desig. nated 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 wil subject supplier (contractor) to punishment as provided in Title 18. United States Code, Crimes and Criminal Procedure. Date

§ 1-4.606

By

(Name of SupplierContractor)

(Title)

(Address)

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.

an

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 nounce 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 architectengineer 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 experience 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 Services 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]

§ 1-4.1004-3

In

Evaluation criteria.

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.

(a) Each agency head is responsible for negotiation of contracts for architect-engineer services. This responsibility may be delegated to a contracting officer. The contracting officer shall use the services of technical, legal, auditing, pricing, and other specialists in the agency to the extent deemed appropriate (see §§ 1-3.801-2 and 1-3.801-3). Negotiations shall be directed toward:

(1) Making certain that the architectengineer has a clear understanding of the essential requirements;

(2) Determining that the architectengineer will make available the necessary personnel and facilities to accomplish the work within the required time;

(3) Determining, where applicable, whether the architect-engineer can provide a design that will permit construction of the facility at a construction cost not to exceed the limit established for the project; and

(4) Reaching mutual agreement on the provisions of the contract, including a fair and reasonable price for the required work.

(b) The amount of the fee (price) that may be paid to an architect-engineer firm under a cost-reimbursement contract for the production and delivery of the designs, plans, drawings, and specifications may not exceed 6 percent of the estimated construction cost of the project, exclusive of the amount of the fee (see 41 U.S.C. 254). The statutory limitation shall apply also to the fee paid to an architect-engineer for the performance of such services under a fixedprice contract. This limitation shall be applied on an individual project basis. § 1-4.1005-2 Conduct of negotiations.

Negotiations shall be conducted initially with the architect-engineer firm given first preference under the procedures set forth in § 1-4.1004. If a mutually satisfactory contract cannot be negotiated with that firm, the contracting officer shall obtain a best and final offer, in writing, from the contractor, and with the assistance of his technical staff formally terminate the negotiation and notify the firm. Negotiations then shall be initiated with the subsequently listed firm in the order of preference and this procedure shall be continued until a mutually satisfactory contract has been negotiated. If negotiations fail with the

Prior to the initiation of negotiations, the procurement agency shall develop an independent Government estimate of the cost of the required architect-engineer services based on a detailed analysis of the costs expected to be generated by the work. Consideration shall be given to the estimated value of the services to be rendered, the scope, complexity, and the nature of the project. The independent Government estimate shall be revised as required during negotiations to reflect changes in or clarification of the scope of the work to be performed by the architect-engineer. On construction projects, a fee estimate based on the application of percentage factors to project cost estimates of the various segments of the work involved may be developed for comparison purposes, but such a cost estimate shall not be used as a substitute for the independent Government estimate.

§ 1-4.1005-4 Architect-engineer's proposal.

The contracting officer shall request the selected architect-engineer firm to submit its proposal with supporting cost or pricing data in accordance with §§ 1-3.807-3 and 1-3.807-4. Revisions of the proposal and supporting cost or pricing data may be made as required during negotiations to reflect changes in or clarification of the scope of the work to be performed by the architect-engineer or findings derived from preaward audits conducted pursuant to § 1-3.809. § 1-4.1005-5 Contract price.

Subject to the provisions of § 1-4.10051(b), the contracting officer shall negotiate a price considered fair and reasonable based on a comparative study of the independent Government estimate and the architect-engineer's proposal. Significant differences between elements of the two figures and between the overall figures shall be discussed and the contracting officer shall ascertain the reasons therefor.

§ 1-4.1005-6 Record of negotiation.

Promptly at the conclusion of each negotiation, a memorandum setting forth the principal elements of the negotiations shall be prepared in accordance

with the requirements of § 1-3.811, for use by the reviewing authorities and for inclusion in the contract file. The memorandum shall contain sufficient detail to reflect the significant considerations controlling the establishment of the price and other terms of the contract.

§ 1-4.1006 Limitation on contracting with architect-engineer firms for construction work.

§ 1-4.1006-1 Policy.

The award of a contract for architectengineer services for a particular project and the award of a contract for the related construction work to the same firm, a parent firm, or its subsidiaries or affiliates is prohibited except as otherwise provided by § 1-18.112.

An architect-engineer firm selected for negotiation of an architect-engineer services contract shall be informed of the policy set forth in § 1-4.1006-1 prior to the initiation of negotiations. If the firm possesses construction capabilities either within its own organization or through a parent firm, subsidiaries or affiliates, the firm shall have the option of either:

(a) Declining to enter into contract negotiations so that its parent firm, subsidiaries, or affiliates will be eligible to compete for the related construction contract; or

(b) Entering into contract negotiations with the clear understanding that, if such negotiations are successful, its parent firm, subsidiaries, or affiliates will be ineligible to compete for the related construction contract.

§ 1-4.1007 Small business.

The policy of the Government that a fair proportion of contracts for services be awarded to small businesses is applicable without qualification to the award of contracts for architect-engineer services. In complying with this requirement, the provisions of Subpart 1-1.7 shall be followed.

Subpart 1-4.11-Procurement and Contracting for Government-Wide Automate Data Processing Equipment, Software, Maintenance Services, and Supplies SOURCE: 41 FR 43539, Oct. 1, 1976, unless otherwise noted.

§ 1-4.1100 Scope of subpart.

This subpart sets forth policies and procedures governing the procurement of all automatic data processing equip

ment (ADPE), software, maintenance services, and supplies by Federal agencies. (See also § 1-4.1107-1.)

§ 1-4.1100-1 Relationship to the Federal Property Management Regulations.

(a) Part 101-32 of the FPMR (41 CFR 101) provides policies, procedures, and guidelines pertaining to Government-wide automated data management services. These services involve such matters as (1) the revolving fund, (2) utilization of automatic data processing resources, (3) reutilization of equipment and supplies, (4) assistance to Federal agencies, (5) Federal data processing centers, (6) the ADP collocation and consolidation program, (7) ADP records management (8) implementation of Federal Information Processing Standards Publications (FIPS PUBS) in solicitation documents, and (9) plans for ADP systems. When an agency submits matters to the Office of Management and Budget for resolution as set forth in § 101-32.001 of the FPMR and such matters relate to procurement and contracting for automated data management services, copies shall be furnished as provided in § 101-32.001 of the FPMR.

(b) The provisions of Part 101-35 of the Federal Property Management Regulations (FPMR) (41 CFR 101) are applicable to telecommunications associated with ADPE.

(c) When telecommunications are involved, regardless of the authority to procure ADPE as indicated in § 1-4.11031, agencies shall submit the documentation prescribed in Part 101-35 of the FPMR.

(d) Part 101-17 of the FPMR concerns the information which must be submitted to GSA relative to space requirements for ADPE.

§ 1-4.1101 Applicability.

The provisions of this subpart apply to all Federal agencies. These provisions are not applicable (however, see § 1-4.1107-18) to Government contractors when the items governed by the provisions of this Subpart 1-4.11 are to be acquired by those contractors unless the equipment or system is: (1) Leased and full lease costs are paid by the Government under one or more ADP service contracts, or (2) purchased by an ADP service contractor for the account of the Government or title will pass to the