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6) Covenant against contingent fees. Government with

to execute a formal bilateral written
contract when required by this Subpart
14.4, the contracting officer ordinarily
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-
cute a contract, the agency may procure
services by use of a Government purchase
order or other written request for service.
The agency shall immediately report the
supplier's refusal to execute a contract
60 GSA, forwarding full documentation,
including a copy of the record of negotia-
tions. A full record of the negotiations
with the supplier, including the reasons
for the supplier's position, shall be re-
tained 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
i proposed procurement in order to fa.
cilitate the consummation of a mutually
satisfactory contract between the agency

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

(10) Conflic

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)
1-4.410-4 Negotiations with utility

suppliers.
(a) In the event that a utility supplier
eclines, after appropriate initial request,

To the extent
the provisions
schedule, rider,
this contract by
any of the Contr
the provisions of

(11) Listing
(See $ 1-12.1102

(12) Paymen

tors' claims. (Se and the supplier.

(13) Utilizata (14,410-5 Uniform clauses for ultility Enterprises. (S

(14) Utilizati
service contracts.

Concerns. (See
The commercial forms and provisions (15) Utilizati
ked by utility companies shall be used Concerns. (See
57 agencies in procuring utility services (16) Employn.
required for their programs in accord (See $ 1-12.1304
ance with the procedures prescribed in

(17) Clean a
this subpart. However, all utility service

1.2302-2). contracts shall include the clauses pre

(b) Clauses to
scribed by this section in the manner in-

The following cl
dicated
. The clauses classified as "man-

applicable:
datory" shall be included in all con-

(1) Gratuitie tracts. Clauses which are classified

should be used when applicable" shall be included in

utility services to
accordance with the individual require-

by one or moi
Armed Services.

C
(a) The Gover
notice to the C
right of the Contra
contract if it is fou
Ing, by the Head
authorized repres
(in the form of
otherwise) were of
tractor, or any age
Contractor, to any

ments for the use of those clauses.
(a) Clauses that are mandatory.
(1) Definitions. (See $ 1-7.102-1).
12) Examination of records by Comp-
troller General. (See $ 1-7.103-3).
5) Equal opportunity. (See $ 1-12.803–

(4) Certification of nonsegregated fa-
cäties. (See $ 1-12.803–10.)
5) Oficials not to benefit. (See 1-7.-

10-17)

Bez 1-1.503).

m Convict labor. (See $ 1-12.204.)

Contract work hours and Safety
Standards Act-overtime compensation.

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

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ter det

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-
ments for the use of those clauses.

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

(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.

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(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

102-17).

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(See $ 1-1.503).

thi

(See $ 1-12.303).

(9) Disputes.

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

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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
so § 1-4.411 on prior review of certain

posal
, documents, and data relating to

Whether the
oposed procurements by executive

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.
(b) Proposed utility procurement spe-
fied in paragraph (a) of this section
hall be referred to GSA for prior review
nless the procuring agency has an
stablished program and personnel tech.
cally qualified to deal with specialized
tilities problems, as described in § 1-4:
11-3 below. If prior review is handled
y GSA, it will follow the provisions set
orth in § 1-4.411-2. If, however, prior
eview is handled by the procuring
gency, It shall follow the provisions set
orth in § 1-4.411-3. In either event
uidelines to be used in such prior re-
Fews are set forth in § 1-4.411-4.
31 FR 16417, Dec. 23, 1966, as amended at

FR 44140, Sept. 25, 1975)
1-4.411-2

Prior review by GSA.
(a) Where a procuring agency refers
he proposed procurements specified in
1-4.411-1(a) for 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
rucal and management levels sufficiently
high to assure uniform application of the

(V) Estimate
guidelines set forth in $ 1-4.411-4. How-

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

authority.

<h pria acting within the scope of his delegated

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requiring prior review may be prepared
for signature by any agency official

(c) A copy of each procurement docu.
ment executed pursuant to $1_4.411-
1(a) shall be retained in the procuring
agency's file until the end of the reten-
tion period specified in 81-4.410-6. In

addition, it the procurement document
Chapter 1-Federal Procurement Regulations
the guidelines set forth in § 1-4.411-4 will 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 ch

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

81-4.4114 Guidelines for prior review,
a critical factor) from the date the pro-
posal, documents, and data relating to

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

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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

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authority,

11-4.

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

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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

$144.600 Scope.

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-
chase orders issued to the supplier.
$14.605 Statement

clause.

The following statement of eligibility

B

114.604:
STATEMENT OF ELIGIBILITY (HUMANE

§ 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

except products

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

$ 1-4.607

Rep Reports of statement of eli

ance with § 1-4. Livestock products which conform to

Department of J

accordance with

(2) poultry.

tish other slaughterer or processor.

be requirements of the Humane Slaughter

29-1320-11-20

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