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masters (blanket approvals shall not be given), the contracting officer shall

(1) Purchase reproducible fasters in quantities for current operational needs and not to exceed a 6-month supply; and

(2) Insure that reproducible masters purchased do not deviate from the approved form in format, size, or content, except that repetitive entries such as the name and address of the purchasing office may be included in the construction thereof.

(e) Except where the reverse of a form, e.g., DD Form 1155r, is available from Adjutant General publications centers, approval by The Adjutant General for local purchase of a reproducible master includes authority for local purchase of the reverse of the form.

(f) Contracting officers are not required to obtain authority for the use of reproducible masters stocked in publications depots. Such reproducible masters may be obtained by requisition upon the publications depots.

[34 FR 9531, June 18, 1969, as amended at 37 FR 7088, Apr. 8, 1972]

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AUTHORITY: The provisions of this Part 608 issued under secs. 2301-2314, 8012, 70A Stat. 127-133, 157; 10 U.S.C. 2301-2314, 8012.

SOURCE: The provisions of this Part 608 appear at 84 F.R. 9533, June 18, 1969, unless otherwise noted.

Subpart A-General Provisions § 608.108 Government estimates.

Solicitations and any related documents which include the estimated cost or portions thereof of construction projects or architect-engineer services contemplated for procurement shall be designated "For Official Use Only," unless the nature of the information therein requires a security classification.

§ 608.150 Requests for Secretarial determinations and approvals.

Requests for determinations and approvals of the Assistant Secretary of Defense (Installations and Logistics) pursuant to § 18.110 (c), 18.111, and 18.112 of this title, and of the Secretary of the Army pursuant to § 18.115 of this title shall be forwarded through the cognizant head of procuring activity to the addressee in 591.150 (b) (6) of this. chapter.

[35 F.R. 8566, June 8, 1970]

§ 608.151 Responsibility for new construction.

(a) The Chief of Engineers has been assigned the responsibility for th› direction of all work pertaining to new construction for the Department of the Army. New construction includes the advance planning; preparation of plans, specifications, and estimates; design; erection; budgeting and allocation of funds; issuance of directives; and provision of labor, material, equipment, supplies, and transportation necessary for initial erection or installation of any building structure, plant, ground facility. utility system, wharf, airfield, or other

real property for the Department of the Army built separately or apart from existing facilities. In the execution of new construction, the Chief of Engineers is charged with the application of Department of the Army construction policies including conformance with construction standards, suitability of the project, and technical and engineering accuracy.

(b) All work under the supervision of the Corps of Engineers, U.S. Army, including new work and modifications to work previously authorized, shall be accomplished by formal directive issued by the Chief of Engineers. The following officials, however, are authorized to accomplish emergency construction and necessary repair work for all installations/activities under their jurisdiction (see Army Regulations in the 415 and 420 series)

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(1) Major oversea commanders;

(2) Major commanders in the United States, its territories and possessions; (3) Attachés;

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§ 608.402-1 Selection policy.

The U.S. Army Corps of Engineers has been assigned responsibility for Department of the Army implementation of DOD directives pertaining to uniform standards for the employment and payment of architect-engineer services (see 591.450-5 of this chapter).

§ 608.402-3 Special approval of selec tions.

Requests for approval of selections by the Secretary of the Army or the Assistant Secretary of Defense (Installations and Logistics) shall be forwarded through the Office, Chief of Engineers, to the addressee in 591.150(b) (1) of this chapter. Requests shall contain information in support of the proposed selection

with sufficient facts to show compliance with ASPR and other DoD requirements. Subpart E-Foreign Purchases and Construction in Foreign Countries § 608.508 Exceptions.

§ 608.508-1 Nonavailability in the United States.

Letter requests for Secretarial approval shall contain the information required by 596.103-2(c) or § 596.805-2 (a), as applicable and shall be forwarded through the cognizant head of procuring activity to the addressee in § 591.150(b) (6) of this chapter.

[35 F.R. 18051, Nov. 25, 1970]

§ 608.508-2 Unreasonable costs or impracticability.

Letter requests for Secretarial approval shall contain the information required by 18.509-3 of this title and § 596.805-2(a) of this chapter when applicable and shall be forwarded through the cognizant head of procuring activity to the addressee in § 591.150(b) (6) of this chapter.

[35 F.R. 18051, Nov. 25, 1970] § 608.509 Procedures.

§ 608.509-3 Evaluation of bids and proposals.

Proposed awards requiring approval at Departmental level shall be forwarded through the cognizant head of procuring activity to the addressee in § 591.150(b) (6) of this chapter.

[35 F.R. 8567, June 8, 1970]

Subpart F-[Reserved]

Subpart G-Labor Standards for
Contracts Involving Construction

§ 608.704 Administration and enforce

ment.

§ 608.704-2 Wage determinations.

The Assistant Secretary of the Army (Installations and Logistics) has delegated to the Chief of Engineers, with authority to redelegate to a designee at a level no lower than the head of procuring activity, the authority to submit a written request to the Solicitor of Labor for an extension of the expiration date of a wage determination under the circumstances in § 18.704-2(a) (5) of this title. This delegation of authority is published in § 591.5102(b) (14) of this chapter.

§ 602.102-4 Approval of overtime premiums in certain cost-reimbursement type contracts.

Subpart B-[Reserved]

Subpart C-[Reserved]

The following individuals are designated, without power of redesignation, to grant approvals described in § 12.102-4 of this title

(a) Each head of procuring activity, his deputy, and principal assistant responsible for procurement;

(b) Each project manager;

(c) The Chief of Research and Development;

(d) The Director of Research and Development, U.S. Army Materiel Command;

(e) The Director of Army Research and Chief, Research Support Division, Office of the Director of Army Research; and

(f) Such others as may be specifically designated from time to time by the Deputy for Materiel Acquisition, Office of the Assistant Secretary of the Army (Installations and Logistics).

[84 F.R. 9526, June 18, 1969, as amended at 87 FR 7088, Apr. 8, 1972]

§ 602.103 Federal and State labor requirements.

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(a) Sections 602.103-602.103-2 are applicable to all Government contractors within the United States and its possessions, including contractors operating Government-owned facilities irrespective of whether such facilities are located on private or Government property. (b) The term "State" as used in § 602.103-602.103-2 includes the District of Columbia and all political subdivisions of the 50 States.

§ 602.103-2 Applications for relaxation of requirements.

A head of procuring activity may, consistent with limitations of security, furnish information to the appropriate State official, upon request, as to the fact that an application for relaxation of State labor standards filed with him relates to the execution of a contract with such agency in pursuance of a military procurement program. Such information shall not extend to support the application unless proper authorization under 8 12.103-2(b) of this title has been obtained.

Subpart D-[Reserved]
Subpart E-[Reserved]
Subpart F-Walsh-Healey Public
Contracts Act

§ 602.604 Responsibilities of contracting officers.

Requests for determinations by the Department of Labor pursuant to § 12.604(a) of this title shall be forwarded through the cognizant head of procuring activity to the addressee in § 602.050. A determination by the Department of Labor that a bidder or offeror is a "manufacturer" or a "regular dealer" is conclusive. Such determination does not, however, relieve the contracting officer of his duty of determining a bidder's or offeror's responsibility pursuant to § 1.904 of this title.

§ 602.606 Procedure for obtaining exemptions with respect to stipulations required by the act.

(a) Contracting officers shall insure that an application from a contractor for an exception under section 6 of the sot clearly states

(1) The nature of the exception requested;

(2) The need for the exception; and (3) Any action taken by the contractor to avoid the necessity for the exception.

(b) Contracting officers shall review each application as to

(1) The urgency of the particular precurement;

(2) The relation of existing production schedules to Department of the Army requirements;

(3) The relation of present and past deliveries to production schedules;

(4) The extent to which labor supply is a limiting factor in production and the reasons therefor;

(5) The steps, if any, taken either by the contractor or by any Government agency to resolve the labor supply problem;

(6) The extent to which factors inherent in the production processes involved necessitate the requested exception; and

(7) The extent to which the productive capacity of the facility or facilities in question is being used for Army procurement.

(c) After reviewing the contractor's application, the contracting officer shall forward it through the cognizant head of procuring activity to the addressee in 602.050 together with

(1) A statement of pertinent data; and

(2) His findings and recommendations in the matter.

Subpart G-Fair Labor Standards Act of 1938

§ 602.701 Basic statute.

The Act is applicable within the United States, its territories and possessions, and to the Bermuda defense area leased to the United States in 1940. The provisions of section 6, relating to minimum wages, and section 7, relating to overtime compensation, do not apply to certain categories of employees enumerated in the Act nor under certain circumstances enumerated therein.

§ 602.702 Suits against Government

contractors.

In the event of any legal action based upon the Act under a cost-reimbursement contract, which may result in claims for increased allowable costs against the Government, the contracting officer shall

(a) Immediately require the Contractor to furnish him with a copy of all papers pertinent thereto; and

(b) Make an immediate report of the legal action direct to the addressee in § 591.150 (b) (2) of this chapter (also see AR 27-45).

§ 602.750 Regulations of the Administrator of the Employment Standards Administration in the Department of Labor.

The Act provides that the Administrator in the Department of Labor shall by regulation define certain terms used in the Act and may grant certain exemptions from its provisions. These regulations should be consulted in these respects; however, no action should be taken without first obtaining legal counsel.

[34 FR 9526, June 18, 1969, as amended at 87 FR 25927, Dec. 6, 1972]

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§ 602.804 Equal opportunity clauses.

When the Equal Opportunity clause set forth in § 12.804(a) of this title is included in any contract requiring performance overseas where the contractor employs United States, third country, and local nationals, the following preamble to the clause is authorized for inclusion therein

(The following clause is not applicable if this contract is exempt under ASPR 12-805. Exemptions include contracts and subcontracts not exceeding $10,000, and work under contracts and subcontracts which is to be performed outside the United States by employees who were not recruited within the United States.)

[36 F.R. 20684, Oct. 28, 1971] § 602.805 Exemptions.

Requests for exemption from the Equal Opportunity clause made pursuant to § 12.805 (d) (2) and (e) (4) of this title shall be forwarded, together with detailed justification therefor, through the cognizant head of procuring activity, to the addressee in § 591.150(b) (6) of this chapter (see § 591.150 (d)). Each intervening level of authority through which the request for exemption is forwarded shall add its recommendation in the matter.

[36 F.R. 8948, May 15, 1971]

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603.801

603.803 603.850

Subpart H-Administrative Practices

Appointment of property administrators.

Records of Government property. Audits of Government property records.

603.850-1 Responsibility for audits. 603.850-2 Reports of audit. 603.850-3 Records in unsatisfactory condition.

AUTHORITY: The provisions of this Part 603 issued under secs. 2301-2314, 3012, 70A Stat. 127-133, 157; 10 U.S.C. 2301-2314, 3012.

SOURCE: The provisions of this Part 603 appear at 34 F.R. 9528, June 18, 1969, unless otherwise noted.

Subpart A-General

§ 603.150 Sale, loan, or gift of certain property (10 U.S.C. 4506).

(a) Heads of procuring activities are authorized to sell, lend, or give such samples, drawings, and manufacturing or other information as are considered in the interest of the national defense to

(1) Any contractor for Army supplies under approved production plans; and (2) Any person likely to manufacture or supply Army supplies under approved production plans.

(b) Such samples, drawings, and manufacturing or other information shall be sold, loaned, or given by appropriate written agreement.

(c) As a general rule, classified material shall not be sold, loaned, or given pursuant to the authority in this section.

(d) In determining whether to sell, loan, or give property under the authority

in this section, consideration shall be given to

(1) The current or probable future need of the Government for the property; (2) The residual value of the property;

(3) Expenses incident to handling and storage of the property;

(4) The probable cost of reproduction of the property in the event of future procurement.

§ 603.151

Loan of Government equipment acquired for research and development.

Heads of procuring activities may authorize the loan of Government equipment acquired for research and development to a private industrial firm or educational institution for use in privately financed research and development programs; Provided, That

(a) The programs are of interest to the Government;

(b) The results of the research will be furnished to the Government without additional cost; and

(c) The loan shall be reflected in a written agreement which sets forth the terms of the loan and the benefits to be derived by the Government therefrom.

Subpart B-[Reserved]

Subpart C-Providing Government Production and Research Property to Contractors

§ 603.301 Providing facilities.

(a) Requests for a Secretarial determination pursuant to § 13.301(a)(3) of this title shall be forwarded through the cognizant head of procuring activity to the addressee in § 591.150(b) (6) of this chapter,

(b) New commercially available automatic data processing equipment (ADPE) does not generally qualify as a facility to be furnished by the Government.

(c) The Senior ADPE policy official of the Department of the Army referred to in § 13.301 (h) (2) of this title is the Assistant Secretary of the Army (Financial Management).

(d) The Assistant Secretary of the Army (Financial Management) has delegated to heads of procuring activities with power of redelegation to chiefs of purchasing offices certain authority to approve the acquisition of ADPE (see § 591.5102 of this chapter).

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