Heads of the Procuring Activity are authorized hereby to: (a) Enter into, modify, administer, and terminate contracts for property and services and to make related determination and findings; (b) settle terminations claims; (c) appoint contracting officers; and (d) establish procurement policy and publish procurement regulations in conformance with: (1) Title III, Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251 et seq.); (2) implementing regulations of the Administrator, General Services Administration; (3) regulations of this Department; and (4) other applicable law.

§ 3-75.104-1 Determinations and findings.

(a) Determinations and findings required by FPR 1-3.211 for contracts in excess of $25,000 and by FPR 1-3.212 and 1-3.213 shall be made by the Secretary.

(b) Determinations which justify construction or installation of nonseverable property on land not owned by the United States shall be made by the Assistant Secretary for Administration whenever the proposed contract contains a provision pursuant to 10 U.S.C. 2353 (b) (3).

(c) Determinations and findings required by FPR 1-3.302(d) for advance payments shall be made by the Assistant Secretary for Administration.

(d) Determinations which justify an exception to the restrictions of the Buy American Act (41 U.S.C. 10a-d) shall be made in conformance with Part 1-6 of

the Federal Procurement Regulations (41 CFR Part 1-6) as implemented by Subpart 3-6.1 of the HEW Procurement Regulations.

§ 3-75.104-2 Fixed fee.

(a) Proposed fees under cost-plus-afixed-fee contracts which exceed the following shall be approved only by the Head of the Procuring Activity or his designee:

(1) 10 percent of the estimated cost, exclusive of fee, of any cost-plus-a-fixedfee contract for experimental, development or research work.

(2) 7 percent of the estimated cost, exclusive of fee, of any other cost-plusa-fixed-fee contract.

§ 3-75.104-3 Review and approval of contracts. [Reserved]

§ 3-75.104-4 Consolidated procure

ment.

(a) Office of the Secretary Support.

(1) Except for the National Institutes of Health, the National Library of Medicine, the National Center for Radiological Health, out-patient clinics of the Public Health Service, field activities of the Social Security Administration, and St. Elizabeths Hospital, offices of operating agencies located within the metropolitan area of Washington, D.C., shall submit all requests for procurement of the following property and services to the Supply Operations Branch, Office of the Executive Officer, Office of the Secretary:

(i) Administrative supplies, equipment, or services; i.e., general use office items or related services, as distinguished from functional or program requirements.

(ii) Automatic Data Processing or Digital Computer Services or Equipment. (iii) Motion Pictures.

(iv) Stenographic Reporting Services. (v) Visual Arts, Graphics, and Supplementary Services.

(vi) Press Clipping Services.

(b) This delegation of authority cannot be redelegated.

(c) Each proposed determination shall be approved by the Assistant General Counsel, Division of Business and Administrative Law, Office of General Counsel. Subpart 3-75.2-Sale of GovernmentOwned Property

§ 3-75.200 Scope of subpart.

This subpart authorizes Heads of the Procuring Activity designated in § 3-75.101 to sell Government-owned surplus property when authorized by law or regulation.

§ 3-75.201 Authority delegated.

Heads of the Procuring Activity designated in § 3-75.101 are authorized hereby to sell Government-owned surplus property in accordance with the requirements and conditions stipulated in section 203, Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 484); implementing regulations of the Administrator, General Services Administration; and the procurement and property regulations of this Department. § 3-75.202 Redelegation.

Heads of the Procuring Activity may redelegate the authority conferred in § 3-75.201.

Subpart 3-75.3-Publication of Advertisements, Notices or Proposals § 3-75.300 Scope of subpart.

This subpart authorizes Heads of the Procuring Activity designated in § 3-75.101 to publish advertising, notices, and contract proposals in newspapers and periodicals.

§ 3-75.301 Authority delegated.

Heads of the Procuring Activity designated in § 3-75.101 are authorized

hereby to publish advertisements, notices and contract proposals in newspapers and periodicals in accordance with the requirements and conditions stipulated in 44 U.S.C., 321, 322, and 324; Title 7, Chapter 5200, General Accounting Office Policy and Procedure Manual for Guidance of Federal Agencies and HEWPR 3-4.51.

Heads of the Procuring Activity may redelegate the authority conferred by § 3-75.301.

Subpart 3-75.4-Authority To Sign Applications To Procure Tax-Free and Specially Denatured Alcohol and To Sign Treasury Department Forms for Purchase of Narcotics

§ 3-75.400 Scope of subpart.

This subpart authorizes Heads of Procuring Activities designated in § 3-75.101 (b), (c), and (h) to sign applications to procure tax-free and specially denatured alcohol and to appoint accredited individuals to order narcotics in accordance with regulations of the Treasury Department and the Internal Revenue Service. § 3-75.401 Authority delegated.

Heads of Procuring Activities are authorized to (a) sign applications to procure tax-free and specially denatured alcohol and (b) to appoint accredited officials to order narcotics in accordance with regulations of the Treasury Department, the Internal Revenue Service, and the requirements and conditions contained in HEWPR 3-5.56.

§ 3-75.402 Redelegation.

Heads of Procuring Activities may redelegate the authority conferred by § 375.401. Redelegation should be made only to responsible officials whose functions require the procurement of alcohol or narcotics.

Subpart 3-75.5-Establishment of Blood Donation Compensation Rates § 3-75.500 Scope of subpart.

This subpart authorizes the Surgeon General, PHS, to establish compensation rates for blood donations for the Department.

§ 3-75.501 Authority delegated.

The authority to establish compensation rates for blood donations under the Act of February 9, 1927, 44 Stat. 1066, as amended (24 U.S.C. 30) is delegated to the Surgeon General, Public Health Service.

§ 3-75.502 Redelegation.

The authority delegated by § 3-75.501 may be redelegated as deemed appropriate.

Procurement Regulations, and contains procedures which implement and supplement Part 1-1 of the Federal Procurement Regulations (FPR).

Subpart 4-1.1-Introduction

§ 4-1.101 Scope of subpart.

This subpart sets forth introductory information pertaining to the Department of Agriculture Procurement Regulations (AGPR), as follows: Purpose, authority, applicability, exclusions, issuance, arrangement, implementation, and deviation procedure.

§ 4-1.102 Purpose.

This subpart establishes Chapter 4 of the Federal Procurement Regulations System and describes the relationship to the FPR of said Chapter 4.

Procurement by the Department of Agriculture is subject to the FPR (Chapter 1 of this title) except as may be otherwise authorized by law.

§ 4-1.104-2 Of Agriculture Procurement Regulations.

AGPR are prescribed for application to procurement of administrative and operating supplies, equipment, and services, for consumption or use by the Department in carrying out its programs. Certain program functions of the Department are, by reason of special law, exempt from pertinent parts of these regulations; however, they shall be applicable to such functions, insofar as it is feasible, consistent with efficient program operations.

Those parts of AGPR which are deemed necessary for business concerns, and others properly interested, to understand basic and significant Department procurement regulations which implement, supplement, or deviate from the FPR are published (in Title 41) in the FEDERAL REGISTER. Detailed instructions of interest primarily for internal agency guidance are not so published.

[30 F.R. 14374, Nov. 17, 1965]

§ 4-1.106-3 Code arrangement.

AGPR are issued in the Code of Federal Regulations as Chapter 4 of Title 41, Public Contracts, implementing and supplementing Chapter 1, which constitutes the FPR.

§ 4-1.106-4 Copies.

Copies of AGPR in FEDERAL REGISTER and Code of Federal Regulations form may be purchased by the public, at nominal cost, from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

§ 4-1.107 Arrangement.
§ 4-1.107-1 General plan.

The general plan, numbering system, and nomenclature used in the AGPR conform with FEDERAL REGISTER standards approved for the FPR. § 4-1.107-2 Numbering.

The numbering system permits identification of every unit. The first digit, "4", represents the chapter allocated to the Department, followed by a dash. This is followed by the part number (which may be one or more digits) followed by a decimal point. The numbers after the decimal point represent, respectively, the subpart, section (in two