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750,000 National Institute of Allergy and Infectious Diseases.
500,000 National Institute of Neurological and Communicative Disorders and
Stroke.

Do.
Do.

Do.

Director, Division of Procurement.

Director, Division of Contracts and
Grants.

National Library of Medicine

500,000 Research and development awards

250,000 Other than research and development... 250,000 National Institute of Dental Research...........

250,000 National Institute of Arthritis, Metabolism and Digestive Diseases
750,000 Centralized procuring activity for all other National Institutes of Health

Research Organizations.

250,000 Procurement Branch, Division of Procurement, ORS..

Director, Division of Contracts and
Grants.

Director, Division of Procurement.
Director, Division of Contracts and
Grants.

Do.

Do.

Director, Division of Procurement.

Health Resources and Services Administration

500,000 Awards made by Headquarters and the Indian Health Service.
300,000 Awards made by other than Headquarters and the Indian Health Service...

Director, Division of Grants and Pro-
curement Management.
Do.

[49 FR 36238, Sept. 14, 1984, as amended at 51 FR 20486, June 5, 1986]

PHS 304.7102 Conduct of the review.

(a) General. The reviewing official is not required to personally perform the review, but he or she is responsible for

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SUBCHAPTER B-ACQUISITION PLANNING

PART PHS 305-PUBLICIZING CONTRACT ACTIONS

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

Subpart PHS 305.2-Synopses of
Proposed Contract Actions

PHS 305.202 Exceptions.

(b) A determination and finding has been executed by the Acting Assistant Secretary for Health after concurrence by the Administrator of the Office of Federal Procurement Policy and the Administrator of the Small Business Administration, which exempts for the period September 30, 1985 through September 29, 1988, certain acquisitions with the National Academy of Sciences (NAS) from the synopsis requirements set forth in FAR 5.201. This exemption is applicable only to acquisitions where NAS is the only source which can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the program requirements. To ensure that this exemption will be used only when appropriate, the agency competition advocate shall certify, prior to award, each acquisition with NAS which is not synopsized regardless of the dollar value. The certification must state that only NAS can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the program needs.

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PHS 314.406-3 Other mistakes disclosed before award.

PHS 314.406-4 Mistakes after award.

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

Subpart PHS 314.4-Opening of Bids and Award of Contract

PHS 314.406-3 Other mistakes disclosed before award.

(g)(3) In addition to the requirement in 314.406-3(g)(3), a copy of the data required by FAR 14.406-3(g)(3) shall be sent to the Office of General Counsel, Business and Administrative Law Division, Parklawn Building, Room 17A-32, 5600 Fishers Lane, Rockville, MD 20857. An information copy of the contracting officer's written statement of facts and circumstances shall be provided to the Contracts Management Branch, DGC/ORM/OM/PHS. [51 FR 20488, June 5, 1986]

mate PHS 314.406-4 Mistakes after award.

(e)(2) The data shall be submitted as prescribed in PHS 314.406-3(g)(3).

ns [51 FR 20488, June 5, 1986]

PART PHS 315-CONTRACTING BY NEGOTIATION

Subpart PHS 315.4-Solicitation and Receipt of Proposals and Quotations

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

PHS 315.412 Late proposals and modifications.

(c)(1) When the principal official responsible for acquisition determines that certain classes of biomedical or behavioral research and development acquisitions should be subject to conditions other than those specified in FAR 52.215-10, Late Submissions, Modifications and Withdrawals of Proposals, he/she may authorize the use of the provision in PHS 352.215-10 in addition to the provision at FAR 52.215-10.

(2) When the provision in PHS 352.215-10 is included in the solicitation and a proposal is received after the exact time specified for receipt, the contracting officer, with the assistance of cost and technical personnel, shall make a written determination as to whether the proposal meets the requirements of the provision at PHS 352.215-10 and, therefore, can be considered.

[51 FR 43357, Dec. 2, 1986; 51 FR 45229, Dec. 17, 1987, as amended at 52 FR 44397, Nov. 19, 1987]

SUBCHAPTER D-SOCIOECONOMIC PROGRAMS

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ing activity shall require the prime contractor and subcontractors to:

(1) Provide protection for the life and health of PHS employees, con tractor employees, other persons involved with work on PHS programs and projects, and the public;

(2) Avoid accidental work interruptions which could delay progress of PHS programs and project;

(3) Maintain controls for the prevention of damage and loss to property; and

(4) Accumulate and provide data necessary for analysis of risk and loss factors relating to PHS programs and projects.

PHS 323.7003 Actions required.

(a) Contracting activities. Contracting activities shall use the clause set forth in PHS 352.223-70 as a guide in developing appropriate safety and health clauses for use in prospective contracts involving the following: (1) Services or products;

(2) Research, development, or test projects;

(3) Transportation of hazardous materials; and

(4) Construction, including construction of facilities on the contractor's premises.

(b) Safety officers. OPDIV safety officers shall advise and assist initiators of acquisition requests and contracting officers in:

(1) Determining whether safety and health provisions should be included in a prospective contract;

(2) Selecting or developing safety and health clause provisions for incorporation in a prospective contract;

(3) Evaluating a prospective contractor's safety and health programs; and (4) Conducting post-award review and surveillance to the extent deemed

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