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to execute a formal bilateral written
(b) Representatives of GSA are avail.
Insert the 102–12, and ir a paragraph
(c) The prov apply to disput jurisdiction of propriate regul of (a) above sh quirements of rendering of ut tion of regulate
service or annual review of the expendi. ture, to be over $10.000.
(d) A proposed connection charge for connecting the using agency's facilitles to the supplier's facilities, a termination liability for discontinuance of service or removal of facilities, the purchase cost or cumulative leasing cost of special facilities, or any other facilities charge to be paid by the agency (whether or not refundable) is estimated to exceed a total of $10,000.
(e) The executive agency concludes that a formal bilateral written contract is in the best interest of the Government [31 FR 16417, Dec. 23, 1966, as amended at 40 FR 44140, Sept. 25, 1975) 81-4.410–3 Documentation of pro
curements from unregulated utility
suppliers. Utility services shall be procured by executive agencies by a formal bilateral written contract, rather than by a simple procurement document, such as one of those mentioned in § 1-4.410-1, when the utility supplier's rates are not fixed or adjusted by a Federal, State, or other public regulatory body. and one of more of the following circumstances exists:
(a) The utility service is available from more than one source of supply. in which case such service shall be procured as provided in $ 1-4.406–1.
(b) The supplier requires the execution of a contract.
(c) The annual cost of the service to be procured is estimated by the using agency, at the time of initiation of the service or annual review of the expenditure, to be over $10,000.
(d) A proposed connection charge for connecting the using agency's facilities co the supplier's facilities, a termination iability for discontinuance of service of removal of facilities, the purchase cost or cumulative leasing cost of special facilties, or any other facilities charge to be paid by the agency (whether or not reundable) is estimated to exceed a total -f $10,000.
(e) The executive agency concludes hat a formal bilateral written contract s in the best interest of the Government. 31 FR 16417, Dec. 23, 1966, as amended at
FR 44140, Sept. 25, 1975)
To the extent
tors' claims. (Se and the supplier.
(13) Utilizata (14,410-5 Uniform clauses for ultility Enterprises. (S
(17) Clean a
1.2302-2). contracts shall include the clauses pre
(b) Clauses to
The following cl
(1) Gratuitie tracts. Clauses which are classified
should be used when applicable" shall be included in
utility services to
by one or moi
ments for the use of those clauses.
(4) Certification of nonsegregated fa-
m Convict labor. (See $ 1-12.204.)
Contract work hours and Safety
644 11-12303). Disputes.
contract or secus with respect to th or the making of respect to the per Provided, That th upon which the I duly authorized r
to execute a formal bilateral written contract when required by this Subpart
1-4.4, the contracting officer ordinarily necte:
shall continue negotiations in an endeav. or to obtain the supplier's consent to such a contract. However, after a definite
and final refusal by the supplier to exe. Cle Puma
cute a contract, the agency may procure to me
services by use of a Government purchase
order or other written request for service. chitbe? The agency shall immediately report the to e supplier's refusal to execute a contract
to GSA, forwarding full documentation, geno e including a copy of the record of negotia. write' tions. A full record of the negotiations the GRE with the supplier, including the reasons
for the supplier's position, shall be retained in the procuring agency's file.
(b) Representatives of GSA are avail. able to provide assistance to executive agencies at any stage of negotiation of
a proposed procurement in order to fa. formal cilitate the consummation of a mutually chan oyun satisfactory contract between the agency Sache and the supplier. $14.410–5 Uniform clauses for ultility
service contracts. The commercial forms and provisions used by utility companies shall be used by agencies in procuring utility services required for their programs in accordance with the procedures prescribed in this subpart. However, all utility service contracts shall include the clauses prescribed by this section in the manner in
dicated. The clauses classified as "manje to i datory” shall be included in all coniatic tracts. Clauses which classified the elite "when applicable" shall be included in
accordance with the individual require-
(a) Clauses that are mandatory.
(2) Examination of records by Comptroller General. (See § 1-7.103-3).
(3) Equal opportunity. (See $ 1-12.803–
DISPUTES Insert the clause prescribed in § 1-7.102–12, and in negotiated contracts add a paragraph (c), as follows:
(c) The provisions of (a) above shall not apply to disputes which are subject to the jurisdiction of a Federal, State, or other appropriate regulatory body. The provisions of (a) above shall also be subject to the requirements of the law with respect to the rendering of utility services and the collection of regulated rates. (10) Conflicts.
CONFLICTS To the extent of any inconsistency between the provisions of this contract and any schedule, rider, or exhibit incorporated in this contract by reference or other fe, or any of the Contractor's rules and regulations, the provisions of this contract shall control.
(11) Listing of employment openings. (See § 1-12.1102-2).
(12) Payment of interest on Contractors' claims. (See § 1-1.322).
(13) Utilization of Minority Business Enterprises. (See § 1-1.1310-2(a)).
(14) Utilization of Small Business Concerns. (See § 1-1.710-3(a)).
(15) Utilization of Labor Surplus Area Concerns. (See § 1-1.805–3(a)).
(16) Employment of the handicapped. (See $ 1--12.1304-1).
(17) Clean air and water. (See $ 11.2302-2).
(b) Clauses to be used when applicable. The following clauses shall be used when applicable:
(1) Gratuities. The following clause should be used when the contract is for utility services to be used wholly or partly by one or Armed Services.
more installations of the
(4) Certification of nonsegregated facilities. (See § 1-12.803–10.)
(5) Officials not to benefit. (See § 1-7.(6) Covenant against contingent fees.
GRATUITIES (a) The Government may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Head of the agency or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the Government with a view toward securing a contract
(See $ 1-1.503).
(See $ 1-12.303).
or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract; Provided, that the existence of the facts upon which the Head of the agency or his
duly authorized representative makes such
ment executed pursuant to $ 1-4.411
addition, if the procurement document Contracts, Property Management
is an authorizatio:
the guldelines set forth in § 1-4.411 4 will d Supply Records), a copy of each exe.
be observed by GSA.
GSA areawide con ced utility service procurement docu.
(b) Where a proposed procurement is furnish or arrange Ent and supporting records is required
referred by a procuring agency for prior counterpart or co be retained in the procuring agency's
review by GSA, the agency is authorized pursuant to $ 1e for a period of 6 years after comple
to complete the negotiation and execu ment documents n of service. During the service period
tion thereof if no comments are made by $ 1-4.411-1(a) sh d the ensuing 6 years, all such docu
GSA to the agency within 20 regular on-site postrevier ents and records shall be subject to
Forking days (or within such lesser pech on-site postreview or periodic re
as may be require
red as may be agreed upon where time is rting as may be required by GSA. (See
a critical factor) from the date the pro
§ 1-4.411 4 Gu
the proposed procurement are received by proposed procu encies.)
GSA for prior review. GSA will acknowl. § 1-4.411-1(a) is 1-4.411 Prior review of certain pro. dize the date of receipt of the referral cordance with s posed procurements.
curing agency 1-4.411-1 General.
114411-3 Alternative prior review by
§ 1-4.411-3, the
low in this § 1-4. (a) Proposed utility procurements by
(a) Complete ecutive agencies, including proposed
(a) Where a procuring agency, as of each proposed ntracts, proposed authorizations under
the effective date of the regulations in assembled by the -plicable GSA areawide contracts, and
this subpart, has an established program
ciently in advan oposed memorandums of understand
and personnel technically qualified to Such informatic g for consolidated purchase, joint use,
deal with specialized utilities problems, cross-service by one agency for an.
adequate to accomplish its own prior re
nical descriptior her agency, shall be subject to prior re
tem of the proposed utility procure
type and quality ew by GSA or, in the alternative, by the
sents specified above in $ 1-4.411-1(a), proposed contra
and a copy of Locuring agency as described in $ 1
toe agency shall notify the Administrator 411-3 below, before execution thereof,
the foregoing. either of the following circumstances
tinue its general responsibility for such
additional docu plies:
furnished wher (1) The annual cost of the service to be
(1) Copies of rocured is estimated by the using
ules, published gency, at the time of initiation of the
used by availa rvice or annual review of the expendi
billings to cust ure, to exceed $50.000; or
quirements sin (2) A proposed connection charge,
curing agency. rmination liability, or any other facil
(2) The fol ies charge to be paid by the agency
quantity, quali vhether or not refundable) is estimated
exceed a total of $10,000.
FR 44140, Sept. 25, 1975)
Prior review by GSA.
Irom the agency
the procuring agency.
General Services if it desires to con
prior review. This notification to the Idministrator shall give the date, cite the implementing document, and summarize the review procedures relating to the agency's current program of prior periew of proposed utility procurements. Continuation by the agency of its established general responsibility for prior review shall not be deemed to preclude the required so referral of any specific case for prior
to date initial review by GSA, whenever desired by the Technical desc igency.
the type and (b) Any agency having an established
services. (iil) program as described in paragraph (a)
mum demand of this section and continuing its estab
sumption, and lished general responsibility for prior re
the first calei new shall provide by agency procedure (lv) Known o that its review shall be exercised at tech
for growth t
mand, ultima ere, proposed procurement documents sumption, and requiring prior review may be prepared
ultimate requ for signature by any agency official
(3) Identif acting within the scope of his delegated
sources of su
the ability of (c) A copy of each procurement docu required ser
the location Ila) shall be retained in the procuring available sup agency's file until the end of the reten
est point of tion period specified in f 1-4.410-6. In
(4) The proposed fa
<h pria acting within the scope of his delegated
requiring prior review may be prepared
(c) A copy of each procurement docu.
addition, it the procurement document
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 ch
GSA to the agency within 20 regular on-site postreview or periodic reporting
81-4.4114 Guidelines for prior review,
Whether the prior review of the the proposed procurement are received by proposed procurements specified 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$ 1-4.411-3 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 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. and personnel technically qualified to
Such information shall include a techdeal 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 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) Copies 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. (iii) Data on estimated maxiprogram 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
the tlon de de expert
priorit CE sonnel Z species
mum 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
miles, sheep, swine, or goats. Livestock
e or processor If It controls, or is conwiled by, or is under common control with.
Definition of livestock prod dause shall be used in accordance with
This subpart sets forth the policies and procedures applicable to the procurement of livestock products. $14.601 General
Public Law 85–765, as amended, commonly known as the Humane Slaughter Act of 1958 7 US.C. 1901–1906), provides certain restrictions on the procurement of livestock products by Federal agencies and instrumentalities. The det 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 prod. ucts produced or processed by any slaughterer or processor which in any of its plants (or in the plants of an af
. filiated slaughterer or processor) slaughters, or handles in connection with slaughter, livestock by any method other than humane. Further, the Act requires & 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. $144.602
ucts. "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 products do not include (a) supplies, the animal product portion of which is less than 5 percent by weight of the net unft weight, and (b) poultry. $ 1-4.603 Exception.
The requirements of this Subpart 1-46 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 te quirements of the Humane Slaughter Act and shall be required to furnish 8 statement of eligibllity in accordance with this § 1-4.604.
Act of 1958 ar (b) Except as provided in (c) and (d)
produced and p of this $144.604, the Statement of
(1) By thos Eligibility (Humane Slaughter Act) set
sors which, in a forth in § 1-4.805 shall be included in all
the plants of Invitations for bids, requests for pro
with which they posals, and other contractual documents
handle in con for livestock products, and shall be re stock only by m quired to be duly signed by the supplier by the Secretary contractor),
(2) From lis
cordance with t (C) Where small purchases are in
Jewish faith or volved (see Subpart 1-3.6), it will be suf
prescribes a mi fielent lf, as a part of the purchase docu
the animal suff mentation, the supplier (contractor) anemia of the br furnishes, over his signature, only para ous and insta graph (a) of sald Statement of Eligibility carotid arteries (Humane Slaughter Act).
which ritual ree d) When frequent purchases are
nated as humar made from the same supplier (contrac
the subject Act.
(e) This stat tor) or the contracting officer deems it
knowledge that otherwise appropriate, the Statement of Government in e Eligibility (Humane Slaughter Act) may the supplier (co be obtained from the supplier (contrac
claims thereunde for) at reasonable intervals, but not less often than annually. When such Statesent has been obtained, the clause set
Making any la Carth in $ 1-4.606 may be inserted, in lieu
mission of any of said Statement of Eligibility (Humane
subject supplier as provided in T Crimes and Crim
Date of eligibility
Slaughter Act), in all contracts or pur-
§ 1-4.606 Hui SLAUGHTER ACT)
slaughter cl 1.) The suppller (contractor) agrees thal The following Ivestock products sold to the Government,
accordance with kept products produced or processed from listock slaughtered outside the United HUMANE METHOD States
, its possessions, and Puerto Rico, consm to the requirements of the Humane
(a) The suppli Izughter Act of 1958 17 U.S.C. 1901-1906).
Ilvestock product (6) "Livestock products" means any ar
livestock slaught ide of food, or any article intended for or
States, Its possess capable of being used as food, for either
form to the reqı timans of animals, which is derived or prepared, in whole or in part, from slaugh
Slaughter Act of Kezed livestock, namely, cattle, calves, horses,
(b) The suppli
furnished the Go pducts do not include (1) supplies, the
Eligibility (Hume Ermal product portion of which is less than
award of this co percent by weight of the net unit welght. incorporated by re
purchase order, an 6) A slaughterer or processor shall bo lesemed to be amillated with another slaugh
Rep Reports of statement of eli
ance with § 1-4. Livestock products which conform to
Department of J
tish other slaughterer or processor.
be requirements of the Humane Slaughter