435.010 Scientific and technical reports. (a) Pursuant to FAR 35.010(b), research and development contracts shall contain a provision requiring that the contractor send copies of all scientific and technical reports to the National Technical Information Service (303Y), Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161. (b) The release of research and development contract results to other Government activities and to the private sector is subject to the provisions of FAR Subpart 4.4. 435.015 Contracts for research with educational institutions and nonprofit organizations. (a) Promptly after execution of a basic agreement for research and development with an educational institution or nonprofit organization, the HCA shall furnish a copy of the agreement to the Director, Office of Operations. (b) The Director, Office of Operations, shall furnish the list required under FAR 35.015(b)(3) to the FAR Secretariat. PART 436-CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Subpart 436.2-Special Aspects of Contracting for Construction Sec. 436.201 Evaluation of contractor perform ance. 436.209 Construction contracts with architect-engineer firms. al of the Director, Office of Operations. (b) Requests for approval under (a) above shall be made by the HCA to the Director, Office of Operations. The request shall include the reason(s) why award to the design firm is required; an analysis of the facts involving potential or actual organizational conflicts of interest including benefits and detriments to the Government and the prospective contractor; and the measures which are to be taken to avoid, neutralize, or mitigate conflicts of interest. Subpart 436.3-Sealed Bidding 436.370 Additive or deductive items. (a) When it appears that funds available for a project may be insufficient for all the desired features of construction, the contracting officer may provide in the solicitation for a base bid item covering the work generally as specified and for one or more additive or deductive bid items which progressively add or omit specified features of the work in a stated order or priority. In such case, the contracting officer shall insert the provision at 452.236-70, Additive or Deductive Items, in solicitations for construction. [49 FR 12127, Mar. 28, 1984, and 50 FR 14197, Apr. 10, 1985, as amended at 53 FR 6067, Feb. 29, 1988] Subpart 436.5-Contract Clauses SOURCE: 53 FR 6067, Feb. 29, 1988, unless otherwise noted. 436.570 Scope. This subpart prescribes clauses for insertion in USDA solicitations and contracts for construction and for dismantling, demolition, or removal of improvements or structures. The contracting officer shall use the clauses as prescribed, in contracts that exceed the small purchase limitation. The contracting officer may use the clauses if the contract amount is expected to be within the small purchase limitation. (a) In addition to the selection criteria under FAR 36.602-1(a), the following criteria shall be used in the evaluation of each potential contractor when applicable to a particular acquisition: (1) Computer-assisted design capability and capacity (where such design is required). (2) Adequacy of facilities for performance of the work including those necessary to provide specialized services that may be required. (3) Volume and nature of present workload as it relates to the ability to perform the work required. (4) Experience and qualifications of proposed key personnel including specialized technical skills, project coordination and management skills, and experience in working together as a team. (5) Availability of additional contractor personnel or consultants to support expansion or acceleration of the project. (6) Other specific criteria as may be required. (b) HCA's are authorized to approve the use of design competition under the conditions in FAR 36.602-1(b). 436.602-2 Evaluation boards. HCA's shall establish procedures for providing permanent or ad hoc architect-engineer evaluation boards as prescribed in FAR 36.602-2. Procedures may provide for the appointment of private practitioners of architecture, engineering, or related professions when such action is determined by the HCA to be essential to meet the Government's minimum needs. 436.602-3 Evaluation board functions. (a) Firms shall be evaluated in accordance with the criteria in 436.602-1, as applicable, as well as the criteria in FAR 36.602-1. (b) The selection report required in FAR 36.602-3(d) shall be prepared for the approval of the HCA. The HCA may authorize an acquisition official above the level of the contracting officer to execute the required approval. [49 FR 12127, Mar. 28, 1984, as amended at 50 FR 14200, Apr. 10, 1985] 436.602-4 Selection authority. The HCA shall serve as the selection authority in accordance with FAR 36.602-4. The HCA may authorize an acquisition official above the level of the contracting officer to serve as the selection authority. 436.602-5 Short selection processes for contracts not to exceed $10,000. The selection process prescribed in FAR 36.602-5(a) shall be used for architect-engineer contracts not expected to exceed $10,000. 436.603 Collecting data on and appraising firms' qualifications. (a) HCA's which require architectengineer services shall establish procedures to comply with the requirements of FAR 36.603. (b) Copies of procedures established under (a) above shall be submitted to the Director, Office of Operations, for review and comment. The procedures shall include a list of names, address es, and phone numbers of offices or boards assigned to maintain architectengineer qualification data files. The list shall be updated annually. [49 FR 12127, Mar. 28, 1984, as amended at 50 FR 14200, Apr. 10, 1985] 436.604 Performance evaluation. (a) HCA's shall establish procedures to evaluate architect-engineer contractor performance including instructions for review of the evaluation report (SF-1421) as prescribed in FAR 36.604 and 36.702(c). (b) Performance reports shall be distributed to the HCA for filing, distribution points in FAR 36.604(c), and other points required by internal procedures. 436.606 Negotiations. Whenever a proposal is solicited from an architect-engineer firm selected for negotiation, the contracting officer shall include in the request for proposal a reference to 436.209 as required by FAR 36.606(c). PART 437-SERVICE CONTRACTING Subpart 437.1-Service Contracts—General Sec. 437.104 Personal services contracts. 437.110 Solicitation provisions and contract clauses. Subpart 437.2-Consulting Services 437.205 Management controls. 437.270 Solicitation and Contract clauses. AUTHORITY: 5 U.S.C. 301 and 5 U.S.C. 486(c). SOURCE: 50 FR 14200, Apr. 19, 1985, unless otherwise noted. Subpart 437.1-Services ContractsGeneral 437.104 Personal services contracts. USDA has the following specific statutory authorities to contract for personal services: (a) Section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) authorizes contracting with persons or organizations on a temporary basis (without regard to civil service compensation and classification standards in 5 U.S.C., Chap ter 51 and Subchapter III of Chapter 53, Provided: (1) That no expenditures shall be made unless specifically provided for in the applicable appropriation, and (2) The expenditure does not exceed any limitations prescribed in the appropriation. (b) 7 U.S.C. 1627 authorizes the Secretary of Agriculture to contract with technically qualified persons, firms or organizations to perform research, inspection, classification, technical, or other special services, without regard to the civil-service laws, Provided, it is for a temporary basis and for a term not to exceed six months in any fiscal year. 437.110 Solicitation provisions and contract clauses. (a) The contracting officer shall insert a clause substantially the same as the clause at 452.237-70, Loss, Damage, Destruction of Repair, in contracts for equipment rental, whether the equipment is furnished with or without operator. (b) The contracting officer shall insert a provision substantially the same as the clause at 452.237-71, PreBid/Pre-Proposal Conference, in all solicitations if a conference with prospective offerors will be held prior to the submittal of bids or proposals. (c) The contracting officer shall insert a provision substantially the same as the clause at 452.237-72, PreBid/Pre-Proposal Conference and Site Visit, in solicitations when a pre-proposal conference and site visit will be used. Use of the provision, or one substantially the same, is optional for construction solicitations. (d) The contracting officer shall insert the provision at 452.237-73, Equipment Inspection Visit, in solicitations if work is to be done on Government equipment and an offeror's inspection is encouraged for an understanding of the work to be performed prior to submittal of bids or proposals. (e) The contracting officer shall insert a clause substantially the same as the clause at 452.237-74, Key Personnel, in contracts if contract performance requires identification of the contractor's key personnel. (f) The contracting officer shall insert a clause substantially the same as the clause at 452.237-75, Restrictions Against Disclosure, in service contracts (including architect-engineer contracts) requiring restrictions on release of information developed or obtained in connection with performance of the contract. [53 FR 6068, Feb. 29, 1988] Subpart 437.2-Consulting Services 437.205 Management controls. Contracts for consulting services are subject to the management controls and procedures in Departmental Regulations (5000 series). 437.270 Solicitation and Contract clauses. (a) The contracting officer shall insert a clause substantially the same as the clause at 452.237-76, Progress Reporting, in all contracts for consulting service. It may also be used in other service contracts. (b) The contracting officer shall insert the clause at 452.237-77, Identification of Contract Deliverables, in contracts for consulting services that require reports. (c) The contracting officer shall insert a clause substantially the same as the clause at 452.237-78, Contracts with Consulting Firms for Services, in solicitations and for consulting services which prohibit follow-on contracts with the contracting firm. [53 FR 6068, Feb. 29, 1988] PART 438-[RESERVED] PART 439-MANAGEMENT, ACQUISITION, AND USE OF INFORMATION RESOURCES Subpart 439.70—Delegation of Acquisition Authority Sec. 439.7001 Blanket delegations of authority. 439.7002 Special delegations of authority. AUTHORITY: 5 U.S.C. 301 and 40 U.S.C. 486(c). Subpart 439.70-Delegation of 439.7001 Blanket delegations of authority. (a) Each HCA, to whom the Director, OO, has granted a general delegation of contracting authority, may acquire automatic data processing (ADP) resources (as that term is defined in the Federal Information Resources Management Regulation, FIRMR, 41 CFR Part 201-2) up to the following blanket limitations, unless the limits have been amended in either an HCA's general delegation or under a special delegation. These limits are applicable to contracts which are awarded in accordance with the policies and procedures contained in FAR Subpart 6.1, 6.2, and 6.3. (1) ADP equipment. HCA's may acquire ADP equipment (ADPE) if the does purchase price not exceed $250,000 or the basic monthly rental charges (including maintenance) do not exceed $100,000 annually. An upgrade or augmentation to existing ADPE may be acquired under blanket authority if the cumulative purchase value of the initial ADPE plus any features or devices to be added does not exceed $250,000. (2) ADP services. HCA's may acquire ADP services if the contract amount does not exceed $200,000 annually. (3) ADP maintenance services. HCA's may acquire ADP maintenance services if the contract amount does not exceed $100,000 annually. (4) ADP software. HCA's may acquire commercial software if the contract amount does not exceed $100,000 for purchase or annual rental. (5) ADP support services. HCA's may acquire ADP support services if the contract amount does not exceed $300,000 annually. (6) ADP supplies. HCA's may acquire related ADP supplies in any amount under specific purchase programs established by GSA or, absent a GSA program, in the open market. (7) ADP systems. HCA's may acquire ADP equipment, services, maintenance, software, and support services in any combination via one contract for a system configuration, if the individual limits specified in paragraphs |