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CHAPTER 3-DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE
§ 3-1.000 Scope of part.
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]
SOURCE: The provisions of this Subpart 3-1.1 appear at 29 F.R. 6494, May 19, 1964, unless otherwise noted.
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
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.
§ 3-1.107-1 General plan.
The HEWPR conform with the FPR with respect to divisional arrangement into parts, subparts, sections, subsections, and further subdivisions as necessary.
(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:
Prefix (None) OS:
Department of HEW.
Office of Secretary (Head-
Office of Field Administra-
Individual Regional Office__
Bureau of Medical Services
National Library of Medi
Office of Education_
Social Security Administration.
Bureau of Hearings and
Bureau of Federal Credit
Food and Drug Administra
Saint Elizabeths Hospital_.
Bureau of Family Services__ FS:
§ 3-1.107-3 Citation.
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."
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.
(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.