3-1.600 3-1.602

3-1.602-1 3-1.603

3-1.604

Scope of subpart.

Establishment and maintenance of a list of concerns or individuals debarred, suspended, or declared ineligible.

Bases for entry on the debarred, suspended, and ineligible list. Treatment to be accorded firms or individuals in debarred, suspended, or ineligible status. Causes and conditions applicable to determination of a debarment by an executive agency. 3-1.604-1 Procedural requirements relating to the imposition of debarment. Suspension of bidders.

3-1.605 3-1.605-1 Causes and conditions under which HEW may suspend contractors.

3-1.605-2 Period and scope of suspension. 3-1.605-3 Restrictions during period of suspension.

3-1.605-4 Notice of suspension. 3-1.606

Agency procedure.

This part establishes a system of procurement procedures applicable to procurements of personal property and nonpersonal services (including construction) by all offices and operating agencies of the Department of Health, Education, and Welfare (referred to herein as HEW). The system is based upon the Federal Property and Administrative Services Act of 1949, and the Federal Procurement Regulations (referred to herein as FPR). It describes the method by which HEW implements, supplements, and may deviate from the FPR and sets forth policies and procedures which implement and supplement Part 1-1 of the FPR.

[29 F.R. 6494, May 19, 1964]

Subpart 3-1.1-Introduction

SOURCE: The provisions of this Subpart 3-1.1 appear at 29 F.R. 6494, May 19, 1964, unless otherwise noted.

§ 3-1.101 Scope of subpart.

This subpart sets forth introductory information pertaining to the HEW Procurement Regulations (herein identified as HEWPR). It explains the purpose of the HEWPR, authority under which they are issued, their relationship to the Federal Procurement Regulations System, applicability, method of issuance, exclusions, and arrangement. It, also, outlines procedures for implementing, supplementing, and deviating from the

FPR.

§ 3-1.102 Purpose and authority.

HEWPR are issued to establish uniform policies and procedures for the procurement of personal property and nonpersonal services (including construction) by HEW. They are prescribed by the Administrative Assistant Secretary, under authority of 5 U.S.C. 22 and section 205 (c) Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486 (c) ), delegated by the Secretary.

§ 3-1.103 Relationship to the FPR.

(a) HEWPR implement, supplement, and may deviate from, in some instances, the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Supplementing material is that for which there is no counterpart in the FPR. Deviating material is defined in § 1-1.009 of the FPR.

(b) Material published in the FPR which has Government-wide applicability, becomes effective throughout HEW upon the effective date cited in the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise stated in HEWPR except to the extent necessary to supplement, implement, or deviate from the FPR.

(c) Procurement instructions and procedures which are necessary to implement, supplement, or deviate from the FPR will be issued in the HEWPR by the Division of General Services, Office of Administration, when necessary to accomplish HEW-wide procurement objectives.

(d) Instructions and procedures which are necessary to implement and supplement the FPR and the HEWPR will be issued by the heads of operating agencies and staff offices or their designees. § 3-1.104 Applicability.

The FPR and HEWPR apply to all procurements of personal property and nonpersonal services (including construction) by HEW. Unless specified otherwise, these regulations apply to procurements within and outside the United States.

§ 3-1.105 Method of issuance.

All HEWPR material deemed necessary for the general public to understand basic and significant HEW procurement policies and procedures will be published in the FEDERAL REGISTER as Chapter 3 of Title 41, Code of Federal Regulations. These basic, plus more detailed, policies and procedures will be published in the HEWPR Manual for use by Departmental procuring activities and program offices. Copies of such manual material will be made available to the general public upon request.

(a) Certain HEW policies and procedures which come within the scope of the HEWPR may be excluded therefrom when there is justification therefor. These exclusions may include the following categories:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than six months.

(3) Policies or procedures which are effective on an experimental basis for a reasonable period.

(4) Policies and procedures pertaining to other functions of HEW as well as to procurement functions and there is need to make the issuance available simultaneously to all interested HEW employees.

(5) Speed of issuance is essential, numerous changes are required in the HEWPR, and the necessary changes must be made at a later date.

(b) Procurement policies, procedures, and instructions issued in other than FPR System format under paragraphs (a) (4) and (5) of this section will be published in the HEWPR at the earliest practicable date.

(a) Material in the HEWPR which implements or deviates from related material in the FPR is captioned and numbered to correspond with such material in the FPR, except that while the first digit of the FPR number is 1, the first digit of the HEWPR number is 3. Material in the HEWPR which supplements the FPR will be assigned numbers 50 through 89 at the parts, subparts, sections, or subsections for which there is no counterpart material in the FPR. Where material in the FPR requires no implementation or deviation, there is no corresponding number in the HEWPR. Thus, there are gaps in the HEWPR sequence of numbers where the FPR, as written, are applicable to HEW procurement.

(b) Material issued by operating agencies and staff offices of HEW to complement the HEWPR will be identified by prefixes to the digit 3 part, subpart, section, and subsection. The following are the assigned prefixes:

The HEWPR will be cited in the same manner as the FPR are cited. Thus, this section, in referring to divisions of the FPR System, should be cited as "section 3-1.107-3 of chapter 3." When the Official Code of Federal Regulations citation is used, this section should be cited as "41 CFR 3-1.107-3." Any section of the HEWPR may be identified informally, for purposes of brevity, as "HEWPR" followed by the section number, such as, "HEWPR 3-1.107-3."

§ 3-1.108 Deviations.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR and the HEWPR shall be kept to a minimum and controlled as follows:

(a) Requests for deviations shall set forth clearly the nature of the required deviations and the circumstances warranting them.

(b) Heads of operating agencies and staff offices or their designees may approve one-time deviation requests which originate in their respective organizations, and a copy of the deviation request and approval will be placed in the contract file. A copy of each approved deviation, also, shall be forwarded to the Procurement and Supply Management Branch, Division of General Services, Office of Administration. That Branch will review deviations periodically for the purpose of either changing the HEWPR or recommending changes in the FPR.

(c) Where deviations from the FPR in classes of cases are considered necessary, requests for authority to deviate shall be submitted through administrative channels to the Chief, Procurement and Supply Management Branch, Division of General Services, Office of Administration, who will consider the submission jointly with the General Services Administration (GSA). Where circumstances preclude the obtaining of prior concurrence of GSA, the Director of General Services may authorize a deviation. In such an instance, the Chief, Procurement and Supply Management Branch shall inform the GSA of the deviation and the circumstances under which is was required.

Subpart 3-1.6-Debarred, Suspended, and Ineligible Bidders SOURCE: The provisions of this Subpart 31.6 appear at 30 F.R. 3218, Mar. 9, 1965, unless otherwise noted.

§ 3-1.600 Scope of subpart.

This subpart prescribes the HEW establishment, use and maintenance of a debarred, suspended, and ineligible bidders list, and procedures for debarring or suspending bidders for cause. § 3-1.602 Establishment and maintenance of a list of concerns or individuals debarred, suspended, or declared ineligible.

(a) The Director of General Services will establish and maintain a consolidated list of concerns and individuals to whom contracts will not be awarded, and from whom bids or proposals will not be solicited, as provided in FPR 1-1.603. This list will be designated as the "Debarred, Suspended, and Ineligible Bidders List."

(c) The "Debarred, Suspended, and Ineligible Bidders List" will be marked "For Official Use Only" to prevent inspection of its contents by other than Departmental personnel required to have access thereto.

(d) The "Debarred, Suspended, and Ineligible Bidders List" will be kept current by means of revisions.

§ 3-1.602-1 Bases for entry on the debarred, suspended, and ineligible list.

(d) The Director of General Services, OS-OA, makes the administrative debarment determinations prescribed by FPR 1-1.602-1(d).

(e) The Department Contract Compliance Officer directs that action prescribed by FPR 1-1.602-1(e) be taken.

(f) The Director of General Services, OS-OA, makes the administrative suspension determinations prescribed by FPR 1-1.602–1(f).

(g) The Director of General Services, OS-OA, makes the determinations prescribed in FPR 1-1.602-1(g) regarding failure to comply with the provisions of section 3(a) of the Buy American Act (41 U.S.C. 10b(a)).

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