The following officials of the Department are designated "Head of the Procuring Activity," as defined in FPR 1-1.206:

(a) Commissioner of Education.

(b) Commissioner of Food and Drugs. (c) Surgeon General of the Public Health Service.

(d) Administrator, Social and Rehabilitation Service.

(e) Commissioner of Social Security. (f) Directors, DHEW Regional Offices. (g) Executive Officer, Office of the Secretary.

(h) Director of General Services, Office of the Secretary.

§ 3-75.102 Authority delegated.

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.

(a) Heads of the Procuring Activity may redelegate, with or without power of redelegation, the authority delegated by 3-75.102 subject to limitations stipulated in the Federal Procurement Regulations, and regulations of this Department; but, authority to make determinations required by 10 U.S.C. 2353 may not be redelegated.

(b) Personnel delegated responsibility for procurement functions must possess a level of experience, training and ability commensurate with the complexity and magnitude of procurement actions involved.

§ 3-75.104 Limitations.

§ 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. § 3-75.104-5

Mistakes in bids.

(a) Authority is delegated to the Director, Procurement and Supply Management Division, Office of General Services to make the determinations specified in §§ 1-2.406-3 and 1-2.406-4 of the Federal Procurement Regulations (41 CFR Part 1-2) in connection with mistakes in bids.

(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 prop

erty 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.

§ 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.

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.