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CHAPTER 4-DEPARTMENT OF

AGRICULTURE

(Parts 400 to 499)

SUBCHAPTER A-GENERAL

Part 401 402 403

Page 237 241

Agriculture Acquisition Regulation System.....
Definitions of words and terms..............
Improper business practices and personal conflicts

of interest
Administrative matters ........
Publicizing contract actions
(Reserved)

404 405 406

242 244 245

SUBCHAPTER B-ACQUISITION PLANNING

246 246 246

407 Acquisition planning ......
408 Required sources of supplies and services
409 Contractor qualifications
410 Specifications, standards, and other purchase de-

scriptions 411-412 [Reserved)

248

SUBCHAPTER C–CONTRACTING METHODS AND CONTRACT TYPES

413

414 415 416 417 418

Small purchase and other simplified purchase

procedures ..............
Formal advertising .............
Contracting by negotiation.......
Types of contracts .............
Special contracting methods .....
[Reserved)

250 250 252 253 255

419

SUBCHAPTER D-SOCIOECONOMIC PROGRAMS
Small business and small disadvantaged business

concerns .... .......
Labor surplus area concerns.....
[Reserved]

256 261

420 421

Page

Part 422

261

423

Application of labor laws to government acquisi

tions ....
Environment, conservation, and occupational

safety ..............
Protection of privacy and freedom of information.
Foreign acquisition..........
[Reserved)

424 425 426

263 263 264

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270 272 272 274

434 Major system acquisition ........
435 Research and development contracting
436 Construction and architect-engineer contracts
437 Service contracting......
438 [Reserved]
439 Management, acquisition, and use of information

resources ... 440-441 [Reserved)

275

SUBCHAPTER G-CONTRACT MANAGEMENT

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442 Contract administration.......
443-444 [Reserved]
445 Government property ......
446 Quality assurance ......
447 (Reserved]
448 Value engineering .............
449 Termination of contracts ..........
450

Extraordinary contractual actions.... 451 [Reserved)

278 278 279

SUBCHAPTER H-CLAUSES AND FORMS

452 453

Solicitation provisions and contract clauses........
Forms....

280 285

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401.101 Purpose. 401.102 Authority. 401.103 Applicability. 401.103-70 Exclusions. 401.104 Issuance. 401.104-1 Publication and Code arrange

ment. 401.104-2 Arrangement of regulations. 401.104-3 Copies. 401.105-70 OMB approval under the Pa

perwork Reduction Act.

Subpart 401.2-Administration

401.101 Purpose.

(a) This subpart establishes Chapter 4, the Department of Agriculture ACquisition Regulation (AGAR), within Title 48 of the Code of Federal Regulations. The AGAR provides for the codification and publication of uniform policies and procedures for acquisitions by contracting activities within the Department.

(b) The purpose of the AGAR is to implement the Federal Acquisition Regulation (FAR), where further implementation is needed, and to supplement the FAR when coverage is needed for subject matter not covered in the FAR. The AGAR is not by itself a complete document, as it must be used in conjunction with the FAR.

401.201 Maintenance of the FAR. 401.201-1 The two councils.

Subpart 401.3—Agency Acquisition

Regulations

401.301 Policy. 401.303 Codification and public participa

tion. 401.304 Agency control and compliance

procedures. 401.370 Departmental directives.

Subpart 401.4-Deviations From the FAR and

AGAR

401.402 Policy. 401.403 Individual deviations. 401.404 Class deviations.

Subpart 401.6—Contracting Authority and

Responsibilities 401.601 General. 401.602-1 Authority. 401.603 Selection, appointment, and termi

nation of appointment. 401.603-1 General. 401.670 Legal review and assistance.

AUTHORITY: 5 U.S.C. 301 and 40 U.S.C. 486(c).

SOURCE: 49 FR 12111, Mar. 28, 1984 (interim rule), and 50 FR 14197, Apr. 10, 1985 (final rule), unless otherwise noted.

401.102 Authority.

The AGAR and amendments thereto are issued under 5 U.S.C. 301 and 40 U.S.C. 486(c). Pursuant to 7 CFR 2.76 the Director, Office of Operations, has the delegated authority to promulgate Departmental acquisition regulations. 401.103 Applicability.

The FAR and AGAR apply to all Department of Agriculture (USDA) acquisitions of supplies and services (including construction) which obligate appropriated funds, unless otherwise specified in this regulation or excepted by law. For acquisitions using nonappropriated funds, these regulations shall be used as guides to the maximum extent feasible and consistent with efficient program operations.

401.000 Scope of part.

This part presents introductory information about the Department of Agriculture's Acquisition Regulation, subsequently referred to as the

401.103-70 Exclusions.

Certain USDA policies and procedures which come within the scope of this chapter may be excluded from the

(49 FR 12111, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10, 1985)

AGAR under appropriately justified circumstances, such as:

(a) Subject matter which bears a security classification (See FAR 4.402).

(b) Subject matter which is effective for a period less than 6 months.

(c) Subject matter which is instituted on an experimental basis for a reasonable period.

401.104-3 Copies.

Copies of the AGAR published in the FEDERAL REGISTER or Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Requests should reference Chapter 4 of Title 48 CFR.

401.104 Issuance.

401.105-70 OMB approval under the Pa.

perwork Reduction Act. The OMB control number 0505-0005 applies to USDA solicitations and specified information collections within the AGAR.

401.104-1 Publication and code arrange

ment. (a) The AGAR is issued in the Code of Federal Regulations as Chapter 4 of Title 48, Federal Acquisition Regulations System, to implement and supplement Chapter 1 which constitutes the FAR. Parts 400 through 499 have been assigned to USDA by the Office of the Federal Register.

(b) The AGAR and its subsequent changes are published in: (1) Daily issues of the FEDERAL REGISTER, (2) cumulative form in the Code of the Fed. eral Regulations, and (3) looseleaf form for distribution within the Department.

(50 FR 14197, Apr. 10, 1985)

Subpart 401.2—Administration

401.201 Maintenance of the FAR.

401.201-1 The two councils.

(a) The Department is represented on the Civilian Agency Acquisition Council by a Policy Team member of the Procurement Division, Office of Operations.

(b) The Procurement Division will coordinate proposed FAR revisions with interested contracting activities and serve as the point of contact for interpreting regulations or receiving FAR revisions advocated by contracting activities.

Subpart 401.3–Agency Acquisition

Regulations

401.104-2 Arrangement of regulations.

(a) General. The AGAR is divided into the same subchapters, parts, subparts, sections, and subsections as the FAR. However, when the FAR coverage is adequate by itself, there will be no AGAR counterpart. AGAR coverage parallels the FAR in format, arrangement, and numbering system.

(b) Numbering. The AGAR numbering system conforms to the FAR. The first digit, “4”, represents the chapter number assigned to USDA, followed by a 2-digit part number, and then a decimal point. Numbers after the decimal point represent respectively the subpart, section (two digits) and subsection separated from the former by a dash. For example, the AGAR implementation of FAR 1.104 is shown as 401.104, and of FAR 15.804-3 as 415.804-3. Subdivisions at the section and subsection level are indicated by parenthetical alphanumerics in

accordance with the FAR scheme. However, subdivisions below the section and subsection levels may not always correlate directly to FAR designated paragraphs and subparagraphs.

401.301 Policy.

(a) The Director, Office of Operations, subject to the authorities in 401.102 and FAR 1.301(c)(3), shall issue and publish in the FEDERAL REGISTER, as may be required, Departmental regulations to implement and supplement the FAR, that together with the FAR, constitute Department-wide policies, procedures, solicitation provisions, and contract clauses governing the contracting process or otherwise controlling the relationship between the Department (including any of its

(b) Section 553(a)(2) of the Administrative Procedures Act, 5 U.S.C. 553, provides an exception from the standard public rulemaking procedures to the extent that the rule involves a matter related to agency management or personnel or to public property, loans, grants, benefits or contracts. OFPP Policy Letter 83-2 requires rulemaking for substantive acquisition rules but allows discretion in the matter for other than significant issues meeting the stated criteria. ACcordingly, AGAR has been promulgated and may be revised from time to time in accordance with the rulemaking procedures of the Administrative Procedures Act and OFPP Policy Letter 83-2. This procedure for significant subject matter generally involves issuing a notice of proposed rulemaking inviting public comment, review and analysis of comments received, and publication of a final rule. The final rule includes a discussion of the public comments received and describes any changes made as a result of the comments.

contracting activities) and contractors or prospective contractors.

(b) Each designated Head of a Contracting Activity (HCA) is authorized to issue or authorize the issuance of, at any organizational level, internal guidance which does not have a significant effect on contractors or prospective contractors. “Significant effect” is defined generally as something which has an effect beyond the internal operating procedures of the activity, or has a cost or administrative impact on offerors or contractors. Internal guidance issued by contracting activities will not be published in the FEDERAL REGISTER. HCAs shall ensure that the guidance, procedures, or instructions issued:

(1) Are consistent with the policies and procedures contained in this regulation;

(2) Follow the format, arrangement, and numbering system of this regulation to the extent practicable;

(3) Contain no material which duplicates, paraphrases, or is inconsistent with this regulation; and

(4) Are numbered and identified by use of alphabetical suffixes to the chapter number as follows: 4A Agricultural Marketing Service. 4B Agricultural Research Service. 4C Agricultural Stabilization and Conservation Service. 4D Farmers Home Administration. 4E Food Safety and Inspection Service. 4F Foreign Agricultural Service. 4G Forest Service. 4H Rural Electrification Administration. 41 Soil Conservation Service. 4J Economics Management Staff. 4K Food and Nutrition Service. 4L Animal and Plant Health Inspection Service.

4M Federal Crop Insurance Corporation. 4N Office of Operations, Procurement Division (Procurement Operations). 40 (Reserved). 4P Office of International Cooperation and Development. 4R Office of the Inspector General. 4S Extension Service. (49 FR 12111, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10, 1985) 401.303 Codification and public participa

tion. (a) The AGAR is codified as Chapter 4 Title 48 of the Code of Federal Regulations.

401.304 Agency control and compliance

procedures. (a) The AGAR System is under the direct oversight and control of the Director, Office of Operations, who is responsible for review and issuance of all Department-wide acquisition regulations published in the FEDERAL REGISTER to assure compliance with FAR Part 1.

(b) The Director, Office of Operations, is also responsible for review and issuance of unpublished, Department-wide internal guidance under the AGAR System.

(c) HCA's are responsible for establishment and implementation of formal procedures for oversight and control of all unpublished internal guidance issued to implement FAR or AGAR requirements. These procedures shall be subject to the review and approval by the Director, Office of Operations, and shall include:

(1) Provisions for centralized issuance of all guidance and instructions using a directives system;

(2) Methods for periodic review and updating of all issuances;

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