225,069 document(s) from the ingested source(s); showing 100.
CFR · 2024-01-01 · US · Title 48
Acquisition Management Reviews (AMRs) are to be conducted using the Government Accountability Office's (GAO) “Framework for Assessing the Acquisition Function at Federal Agencies” available at
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) The Acquisition Managers' Partnership (AMP) is a forum for DOI's senior acquisition management community to work cooperatively and continuously to improve the management, efficiency and effectiveness of its procurement services in support of DOI's mission. (b) The AMP consists of the BPCs and representatives from PAM and OSDBU. (c) The AMP Charter provides that the Chairperson and Associate Chairperson are leadership roles that will rotate annually. The AMP Chairperson determines when the partnership will meet and develops meeting agendas. The Chairperson will distribute the meeting minutes to all members.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
As prescribed in 225.7703-
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 7
When borrowers are seeking RUS financing, acquisition agreements between the borrower and the seller must be in form and substance satisfactory to RUS and shall be expressly conditioned on approval of the agreement by RUS and on obtaining an RUS loan. Normally, the acquisition agreement will not be approved by RUS until the loan has been approved.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 37
(a) (b) (1) The terms copies, fixed, phonorecords, publication, and transmission program and their variant forms, have the meanings given to them in section 101 of title 17. The term network station has the meaning given it in section 111(f) of title 17. For the purpose of this section, the term transmission includes transmission via the Internet, cable, broadcasting, and satellite systems, and via any other existing or future devices or processes for the communication of a performance or display whereby images or sounds are received beyond the place from which they are sent. (2) (c) (2) Upon written request addressed to the Chief, Motion Picture, Broadcasting and Recorded Sound Division by a broadcast station or other owner of the right of transmission, the Library of Congress will inform the requestor whether a particular transmission program has been recorded by the Library. (3) The Library of Congress will not knowingly record any unfixed or published transmission program under the recording authority of section 407(e) of title 17 of the United States Code. (4) The Library of Congress is entitled under this paragraph (c) to presume that a radio program transmitted to the public in the United States has been fixed but not published at the time of transmission, and that a television program transmitted to the public in the United States by a noncommercial educational broadcast station as defined in section 397 of title 47 of the United States Code has been fixed but not pub
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 12
(a) (2) (i) The proposed acquisition is approved by a majority of the board of directors of the mutual association; (ii) The proposed acquisition is submitted to the mutual association's members and is approved by a majority of the total votes of the association's members eligible to be cast at a meeting held at the call of the association's directors in accordance with the procedures prescribed by the association's charter and bylaws; (iii) The necessary approvals are obtained from the Board, including approval pursuant to § 238.11 of this chapter, and any other approvals required to form an interim association, to amend the charter and bylaws of the association being acquired, and/or to amend the charter and bylaws of the mutual holding company consistent with § 239.6(a); and (iv) The approval of the members of the mutual holding company is obtained, if the Board advises the mutual holding company in writing that such approval will be required. (3) (4) (5) (6) (i)(A) Such corporation is engaged exclusively in activities that are permissible for mutual holding companies pursuant to § 239.8(a); or (B) It is lawful for the stock of such corporation to be purchased by a federal savings association under the applicable regulations of the Comptroller of the Currency or by a state savings association under the applicable regulations of the Federal Deposit Insurance Corporation and the laws of any state where any subsidiary savings association of the mutual holding company has its
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 34
(a) Effective January 2, 1975, no department, agency, or instrumentality of the United States shall undertake to acquire by ownership, rent, or lease, or to otherwise occupy, in whole or in part, any building unless it is determined that such building includes a satisfactory site or sites for the location and operation of a vending facility by a blind vendor. In those cases where a purchase contract, an agreement to lease, or other similar commitment was entered into prior to January 2, 1975, the provisions of this paragraph shall not apply. (b) Effective January 2, 1975, no department, agency, or instrumentality of the United States, shall undertake to occupy, in whole or in part, any building which is to be constructed, substantially altered, or renovated, or in the case of a building which is occupied on January 2, 1975 by a department, agency, or instrumentality of the United States, no such department, agency, or instrumentality shall undertake to substantially alter or renovate such building, unless it is determined that the design for such construction, substantial alteration, or renovation includes a satisfactory site or sites for the location and operation of a vending facility by a blind vendor. In those cases where a design contract or other similar commitment was entered into prior to January 2, 1975, the provisions of this paragraph shall not apply. For purposes of this paragraph, (c) The determination that a building contains a satisfactory site or sites under p
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 24
(a) (2) After notifying and receiving approval of the Commissioner when needed, the mortgagee shall notify the borrower, Eligible Non-Borrowing Spouse, borrower's estate, and borrower's heir(s), as applicable, within 30 days of the later of notifying the Commissioner or receiving approval, if needed, that the mortgage is due and payable. The mortgagee shall give the applicable party 30 days from the date of notice to engage in the following actions: (i) Pay the outstanding loan balance, including any accrued interest, MIP, and mortgagee advances in full; (ii) Sell the property for an amount not to be less than the amount determined by the Commissioner through notice, which shall not exceed 95 percent of the appraised value as determined under § 206.125(b), with the net proceeds of the sale to be applied towards the outstanding loan balance. Closing costs shall not exceed the greater of: 11 percent of the sales price; or a fixed dollar amount as determined by the Commissioner through (iii) Provide the mortgagee with a deed in lieu of foreclosure; (iv) Correct the condition which resulted in the mortgage coming due and payable for reasons other than the death of the last surviving borrower; (v) For an Eligible Non-Borrowing Spouse, correct the condition which resulted in an end to the Deferral Period in accordance with § 206.57; or (vi) Such other actions as permitted by the Commissioner through notice. (3) For a borrower, even after a foreclosure proceeding is begun, the mortg
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) Store requisitions for materials, supplies, equipment, and services: Retain 2 years. (b) Work orders for maintenance and other services: Retain 4 years. (c) Equipment records, consisting of equipment usage and status reports and equipment repair orders: Retain 4 years. (d) Expendable property records, reflecting accountability for the receipt and use of material in the performance of a contract: Retain 4 years. (e) Receiving and inspection report records, consisting of reports reflecting receipt and inspection of supplies, equipment, and materials: Retain 4 years. (f) Purchase order files for supplies, equipment, material, or services used in the performance of a contract; supporting documentation and backup files including, but not limited to, invoices, and memoranda; e.g., memoranda of negotiations showing the principal elements of subcontract price negotiations (see 52.244-2): Retain 4 years. (g) Production records of quality control, reliability, and inspection: Retain 4 years. (h) Property records (see FAR 45.101 and 52.245-1): Retain 4 years.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 40
(a) An interest in real property may be acquired only with prior approval of EPA. (1) If the recipient acquires real property in order to conduct the response, the recipient with jurisdiction over the property must agree to hold the necessary property interest. (2) If it is necessary for the Federal Government to acquire the interest in real estate to permit conduct of a remedial action, the acquisition may be made only if the State provides assurance that it will accept transfer of the acquired interest in accordance with 40 CFR 300.510(f) of the NCP. States must follow the requirements in § 35.6105(b)(5). (b) The recipient must comply with applicable Federal regulations for real property acquisition under assistance
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
The publisher provides no abstract for this document; none is invented here.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 32
(a) (b) (c) (1) Fee, easement, and license acquisitions which do not exceed $5,000 for any one parcel and which constitute small tracts of additional land needed in connection with projects for which (2) Leasehold acquisition where the estimated annual rental for any single leasehold does not exceed $25,000 and the acquisition is not controversial, unusual, or inconsistent with Department of Army policies. (3) Renewal or extension of leaseholds. (4) Acquisition by permit of the right to use real property of another Government department or agency, except as to “general purpose” space from the General Services Administration and the Post Office Department and all space in the metropolitan District of Columbia area. (d) (e) (f) (1) Easements acquired for military purposes. (By agreement with the Attorney General, his opinion is obtained only in acquiring easements at a cost in excess of $100.) (2) Leases and licenses. (3) Jurisdiction of Government-owned land by transfer or use of Government-owned land by permit. (g) (h) (2)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 26
(a) (1) A dealer in securities acquires a security that is subject to section 475(a) and the dealer's basis in the security is determined, in whole or in part, by reference to the basis of that security in the hands of the person from whom the security was acquired; or (2) A dealer in securities acquires a security that is subject to section 475(a) and the dealer's basis in the security is determined, in whole or in part, by reference to other property held at any time by the dealer. (b) (1) Section 475(a) applies only to changes in value of the security occurring after the acquisition; and (2) Any built-in gain or loss with respect to the security (based on the difference between the fair market value of the security on the date the dealer acquired it and its basis to the dealer on that date) is taken into account at the time, and has the character, provided by the sections of the Internal Revenue Code that would apply to the built-in gain or loss if section 475(a) did not apply to the security.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 26
(a) If a subsidiary acquires stock of its parent corporation from a shareholder of the parent corporation, the acquisition of such stock shall be treated as though the parent corporation had redeemed its own stock. For the purpose of this section, a corporation is a parent corporation if it meets the 50 percent ownership requirements of section 304(c). The determination whether the amount received shall be treated as an amount received in payment in exchange for the stock shall be made by applying section 303, or by applying section 302(b) with reference to the stock of the issuing parent corporation. If such distribution would have been treated as a distribution of property (pursuant to section 302(d)) under section 301, the entire amount of the selling price of the stock shall be treated as a dividend to the seller to the extent of the earnings and profits of the parent corporation determined as if the distribution had been made to it of the property that the subsidiary exchanged for the stock. In such cases, the transferor's basis for his remaining stock in the parent corporation will be determined by including the amount of the basis of the stock of the parent corporation sold to the subsidiary. (b) Section 304(a)(2) may be illustrated by the following example:
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 26
(a) If a corporation, in return for property, acquires stock of another corporation from one or more persons, and the person or persons from whom the stock was acquired were in control of both such corporations before the acquisition, then such property shall be treated as received in redemption of stock of the acquiring corporation. The stock received by the acquiring corporation shall be treated as a contribution to the capital of such corporation. See section 362(a) for determination of the basis of such stock. The transferor's basis for his stock in the acquiring corporation shall be increased by the basis of the stock surrendered by him. (But see below in this paragraph for subsequent reductions of basis in certain cases.) As to each person transferring stock, the amount received shall be treated as a distribution of property under section 302(d), unless as to such person such amount is to be treated as received in exchange for the stock under the terms of section 302(a) or section 303. In applying section 302(b), reference shall be had to the shareholder's ownership of stock in the issuing corporation and not to his ownership of stock in the acquiring corporation (except for purposes of applying section 318(a)). In determining control and applying section 302(b), section 318(a) (relating to the constructive ownership of stock) shall be applied without regard to the 50-percent limitation contained in section 318(a)(2)(C) and (3)(C). A series of redemptions referred to in
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 36
No agreement permitting a third party to acquire the rights of a purchaser under a timber sale contract may be recognized and approved by the Forest Service except in writing, signed by the officer approving the sale, his successor, or superior officer. Such approval shall not relieve the purchaser of his responsibilities or liabilities under the timber sale contract and may be given only if— (a) The third party is acceptable to the Forest Service as a purchaser of timber under the conditions and requirements then in effect for similar timber sales and assumes in writing all of the obligations to the Forest Service under the terms of the timber sale contract as to the uncompleted portion thereof, or (b) The rights are acquired in trust as security and subject to such conditions as may be necessary for the protection of the public interests.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 24
The lender may accept a voluntary conveyance of title to or ownership of the property securing a manufactured home loan which is in default, provided that (a) the lender accepts the conveyance in full satisfaction of the borrower's obligation, and (b) no claim is submitted under its contract of insurance. The lender may accept voluntary surrender of the property without satisfaction of the borrower's obligation, provided that if the lender intends thereafter to submit a claim under its contract of insurance, the lender shall acquire title to or ownership of the property and then dispose of and sell the property in compliance with State and local law, so as to assure that it can assign a valid and enforceable obligation, including any deficiency against the borrower, to the Secretary when submitting its claim. If the lender accepts a voluntary conveyance of title or a voluntary surrender of the property, the notice of default and acceleration under § 201.50(b) shall not be required.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a)(1) Agencies shall acquire equipment using the method of acquisition most advantageous to the Government based on a case-by-case analysis of comparative costs and other factors in accordance with this subpart and agency procedures. (2) The methods of acquisition to be compared in the analysis shall include, at a minimum— (i) Purchase; (ii) Short-term rental or lease; (iii) Long-term rental or lease; (iv) Interagency acquisition (see 2.101); and (v) Agency acquisition agreements, if applicable, with a State or local government. (b)(1) The factors to be compared in the analysis shall include, at a minimum: (i) Estimated length of the period the equipment is to be used and the extent of use within that period; (ii) Financial and operating advantages of alternative types and makes of equipment; (iii) Cumulative rent, lease, or other periodic payments, however described, for the estimated period of use; (iv) Net purchase price; (v) Transportation, installation, and storage costs; (vi) Maintenance, repair, and other service costs; and (vii) Potential obsolescence of the equipment because of imminent technological improvements. (2) The following additional factors should be considered, as appropriate, depending on the type, cost, complexity, and estimated period of use of the equipment: (i) Availability of purchase options. (ii) Cancellation, extension, and early return conditions and fees. (iii) Ability to swap out or exchange equipment. (iv) Available warranties. (v) Insurance,
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
If the equipment will be leased for more than 60 days, the requiring activity must prepare and provide the contracting officer with the justification supporting the decision to lease or purchase.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 2
(a) For example, when used in conjunction with: (1) The purchase of equipment, the term means the net invoice price of the equipment, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired. (2) Equipment that a recipient or subrecipient constructs or fabricates—or software that it develops—under an award, the term includes, when capitalized in accordance with generally accepted accounting principles (GAAP): (i) The construction and fabrication costs of that equipment; and (ii) The development costs of that software. (b) Ancillary charges, such as taxes, duty, protective in-transit insurance, freight, and installation may be included in, or excluded from, the acquisition cost in accordance with the recipient's or subrecipient's regular accounting practices.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 27
(a) (b)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 26
(a) (1) The petitioner's equity, or (2) the appraised value of the property less the amount of all costs. (b)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
Contracting activities must apply the evaluation procedures in subpart 225.5 when using Federal supply schedules.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 26
(a) (i) The principal indebtedness incurred by the organization in acquiring or improving such property. (ii) The principal indebtedness incurred before the acquisition or improvement of such property if such indebtedness would not have been incurred but for such acquisition or improvement; and (iii) The principal indebtedness incurred after the acquisition or improvement of such property if such indebtedness would not have been incurred but for such acquisition or improvement and the incurrence of such indebtedness was reasonably foreseeable at the time of such acquisition or improvement (2) (3) (4) (i) An organization sells or exchanges property, subject to an indebtedness (incurred in a manner described in subparagraph (1) of this paragraph), (ii) Acquires another property without retiring the indebtedness, and (iii) The newly acquired property is otherwise treated as debt-financed property (5) (b) (2) (i) Deeds of trust, (ii) Conditional sales contracts, (iii) Chattel mortgages, (iv) Security interests under the Uniform Commercial Code, (v) Pledges, (vi) Agreements to hold title in escrow, and (vii) Tax liens (other than those described in the third sentence of this subparagraph). (3) (ii) ( ( (iii) ( ( (iv) (4) (i) The mortgage was placed on the property more than 5 years before the purchase, and (ii) The organization paid the seller a total amount no greater than the amount of the seller's cost (including attorney's fees) directly related to the transfer of such propert
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) (2) Agencies should not rule out the purchase method of equipment acquisition in favor of renting or leasing merely because of the possibility that future technological advances might make the selected equipment less desirable. (b) (i) Require immediate use of equipment to meet program or system goals; but (ii) Do not currently support acquisition by purchase. (2) If a rent or lease method is justified, a rental or lease agreement with option to purchase is preferable. (3) Generally, a long term rental or lease agreement should be avoided, but may be appropriate if an option to purchase or other favorable terms are included. (4) If a rental or lease agreement with option to purchase is used, the contract shall state the purchase price or provide a formula which shows how the purchase price will be established at the time of purchase.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 12
(a) The Board has been asked whether it is permissible for the commercial banking affiliates of a bank holding company registered under the Bank Holding Company Act of 1956, as amended, to acquire and hold the shares of the holding company's Edge corporation subsidiary organized under section 25(a) of the Federal Reserve Act. (b) Section 9 of the Bank Holding Company Act amendments of 1966 (Pub. L. 89-485, approved July 1, 1966) repealed section 6 of the Bank Holding Company Act of 1956. That rendered obsolete the Board's interpretation of section 6 that was published in the March 1966 Federal Reserve Bulletin, page 339 (§ 225.120). Thus, so far as Federal Banking law applicable to State member banks is concerned, the answer to the foregoing question depends on the provisions of section 23A of the Federal Reserve Act, as amended by the 1966 amendments to the Bank Holding Company Act. By its specific terms, the provisions of section 23A do not apply to an affiliate organized under section 25(a) of the Federal Reserve Act. (c) Accordingly, the Board concludes that, except for such restrictions as may exist under applicable State law, it would be legally permissible by virtue of paragraph 20 of section 9 of the Federal Reserve Act for any or all of the State member banks that are affiliates of a registered bank holding company to acquire and hold shares of the Edge corporation subsidiary of the bank holding company within the amount limitation in the last sentence of paragraph 1
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 43
The Leasing Act minerals in lands covered by mining claims and millsites located after the date of the Act or validated pursuant to the Act may be acquired under the mineral leasing laws, upon appropriate application therefor being filed prior to the issuance of patent to such mining claims or millsites, or after the issuance of patent, if the patent contains a reservation of Leasing Act minerals to the United States as provided in section 4 of the Act.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 36
(a) (b) (2) It is the policy of the Library of Congress to accept certain individual items or special collections as deposits when: permanent acquisition of such materials cannot be effected immediately; the depositors give reasonable assurance of their intention to donate the materials deposited to the United States of America for the benefit of the Library of Congress; the Library of Congress determines that such ultimate transfer of title will enrich its collections; and the depositors agree that the materials so deposited may be available for unrestricted use or use in the Library under reasonable restrictions. (c)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
As prescribed in 225.7703-4(d), use the following clause:
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 7
A borrower shall not use RUS loan funds to acquire any stock or any telephone plant of an affiliate.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) In order to comply with FIPS PUB 201, agencies must purchase only approved personal identity verification products and services. (b) Agencies may acquire the approved products and services from the GSA, Federal Supply Schedule 70, Special Item Number (SIN) 132-62, HSPD-12 Product and Service Components, in accordance with ordering procedures outlined in FAR Subpart 8.4. (c) When acquiring personal identity verification products and services not using the process in paragraph (b) of this section, agencies must ensure that the applicable products and services are approved as compliant with FIPS PUB 201 including— (1) Certifying the products and services procured meet all applicable Federal standards and requirements; (2) Ensuring interoperability and conformance to applicable Federal standards for the lifecycle of the components; and (3) Maintaining a written plan for ensuring ongoing conformance to applicable Federal standards for the lifecycle of the components. (d) For more information on personal identity verification products and services see
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 12
(a) From time to time questions have arisen as to whether and under what circumstances a bank holding company engaged in nonbank activities, directly or indirectly through a subsidiary, pursuant to section 4(c)(8) of the Bank Holding Company Act of 1956, as amended (12 U.S.C. 1843(c)(3)), may acquire the assets and employees of another company, without first obtaining Board approval pursuant to section 4(c) (8) and the Board's Regulation Y (12 CFR 225.4(b)). (b) In determining whether Board approval is required in connection with the acquisition of assets, it is necessary to determine (a) whether the acquisition is made in the ordinary course of business (c) The following examples illustrate transactions where prior Board approval will generally be required: (1) The transaction involves the acquisition of all or substantially all of the assets of a company, or a subsidiary, division, department or office thereof. (2) The transaction involves the acquisition of less than “substantially all” of the assets of a company, or a subsidiary, division, department or office thereof, the operations of which are being terminated or substantially discontinued by the seller, but such asset acquisition is significant in relation to the size of the same line of nonbank activity of the holding company (e.g., consumer finance mortgage banking, data processing). For purposes of this interpretation, an acquisition would generally be presumed to be significant if the book value of the nonbank ass
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) (i) The cognizant DoD audit organization determines that expertise required to perform the audit is not available within the DoD audit organization; or (ii) Temporary audit assistance is required to meet audit reporting requirements mandated by law or DoD regulation. (2) See 215.101-2-70(b)(3) for the prohibition on the use of the lowest price technically acceptable source selection process when acquiring audit services. (3) See PGI 237.270 for a list of DoD publications that govern the conduct of audits. (b) (c) (d) (1) This paragraph (d) implements the requirements of section 1006 of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) and section 1011 of the National Defense Authorization Act for Fiscal Year 2020 (2) This requirement applies to solicitations and contracts for— (i) Financial statement auditing required under 31 U.S.C. 3521(e); or (ii) Audit remediation services in support of the Financial Improvement and Audit Remediation Plan described in 10 U.S.C. 240b. (3) Any firm responding to a solicitation or awarded a contract for the acquisition of the services described in paragraph (d)(2) of this section is required to represent with regard to whether it has been subject to disciplinary proceedings within the last 3 years and, if the offeror represents that it has, to disclose to DoD before any contract action (including award, renewals, and modifications)— (i) The details of any disciplinary proceedings, with respect to the firm or i
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 17
(a) A person who becomes a beneficial owner of securities shall be deemed to have acquired such beneficial ownership for purposes of section 13(d)(1) of the Act, whether such acquisition was through purchase or otherwise. However, executors or administrators of a decedent's estate generally will be presumed not to have acquired the beneficial ownership held by the decedent's estate until such time as such executors or administrators are qualified under local law to perform their duties. (b)(1)(i) When two or more persons agree to act together for the purpose of acquiring, holding, voting or disposing of equity securities of an issuer, the group formed thereby shall be deemed to have acquired beneficial ownership, for purposes of sections 13(d) and (g) of the Act, as of the date of such agreement, of all equity securities of that issuer beneficially owned by any such persons. (ii) A group regulated as a person pursuant to section 13(d)(3) of the Act (iii) Notwithstanding paragraph (b)(1)(ii) of this section, a group regulated under section 13(d)(3) of the Act shall not be deemed to have acquired beneficial ownership, as determined under paragraph (a) of this section, if, after the group's formation, a member of the group becomes the beneficial owner of additional equity securities in the same class beneficially owned by the group through a sale by or transfer from another member of the group. (2)(i) A group regulated as a person pursuant to section 13(g)(3) of the Act shall be
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 7
Every effort will be made to avoid acquiring chattel property by having the borrower or Rural Development liquidate the property according to subpart A of part 1962 of this chapter and apply the proceeds to the borrower's account(s). Methods of acquisition authorized are: (a) (2) Rural Development foreclosure sale conducted by the U.S. Marshal or sheriff in States where a State Supplement provides for sales to be conducted by them. (3) Sale by trustee in bankruptcy. (4) Public sale by prior lienholder. (5) Public sale conducted under the terms of Form RD 455-4, “Agreement for Voluntary Liquidation of Chattel Security,” the power of sale in security agreements or crop and chattel mortgage, or similar instrument, if authorized by State Supplement. (b) (1) (2) (3) (4) (c) (1) Attend all sales described in paragraph (a)(5) of this section unless an exception is authorized by the State Director because of physical danger to the Rural Development employee or adverse publicity would be likely. (2) Attend public sales by prior lienholders when the market value of the chattel property is significantly more than the amount of the prior lien(s). (3) Obtain the advice of the State Director on attending sales described in paragraphs (a) (1), (2), and (3) of this section. (d) (e) (f) (i) The market value of the item(s) less the estimated costs involved in the acquisition, care, and sale of the item(s) of security; or (ii) The unpaid balance of the borrower's secured Rural Development debt
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
The publisher provides no abstract for this document; none is invented here.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) (2) The Department may contact any port prior to award to determine the port's cargo handling capabilities, including the adequacy of the port to receive, accumulate, handle, store, and protect the cargo. Factors considered in this determination may include, but not be limited to, the adequacy of building structures, proper ventilation, freedom from insects and rodents, cleanliness, and overall good housekeeping and warehousing practices. The Department may consider the use of another coastal range or port if a situation exists at a port that may adversely affect the ability of the Department to have the commodity delivered in a safe and timely manner. Such situations include: (i) A port is congested; (ii) Port facilities are overloaded; (iii) A vessel would not be able to dock and load cargo without delay; (iv) Labor disputes or lack of labor may prohibit the loading of the cargo onboard a vessel in a timely manner; or (v) Other similar situation that may adversely affect the ability of the Department to have the commodity delivered in a timely manner. (3) (i) The solicitation specifies that the lowest land cost process will not be followed in the completion of the contract; or (ii) After issuance of the solicitation, it is determined that: (A) Internal strife at the foreign destination or urgent humanitarian conditions threatens the lives of persons at the foreign destination; (B) A specific port's cargo handling capabilities (including the adequacy of the port to recei
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) (2) The Department may contact any port prior to award to determine the port's cargo handling capabilities, including the adequacy of the port to receive, accumulate, handle, store, and protect the cargo. Factors which will be considered in this determination will include, but not be limited to, the adequacy of building structures, proper ventilation, freedom from insects and rodents, cleanliness, and overall good housekeeping and warehousing practices. The Department may consider the use of another coastal range or port if a situation exists at a port that may adversely affect the ability of the Department to have the commodity delivered in a safe and/or timely manner. Such situations include: (i) A port is congested; (ii) Port facilities are overloaded; (iii) A vessel would not be able to dock and load cargo without delay; (iv) Labor disputes or lack of labor may prohibit the loading of the cargo onboard a vessel in a timely manner; or (v) Other similar situation that may adversely affect the ability of the Department to have the commodity delivered in a timely manner. (3) (i) The solicitation specifies that the lowest land cost process will not be followed in the completion of the contract; or (ii) After issuance of the solicitation, it is determined that: (A) Internal strife at the foreign destination or urgent humanitarian conditions threatens the lives of persons at the foreign destination; (B) A specific port's cargo handling capabilities (including the adequacy of
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 5
An employee appointed as provided in § 315.301 acquires a competitive status automatically on completion of probation.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 5
A person who was serving probation when he was separated and who is reinstated under § 315.401 acquires a competitive status automatically on completion of probation.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 5
An employee who was serving probation when he was appointed under § 315.501 acquires a competitive status automatically on completion of probation.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 5
Time spent on a time-limited appointment under this part may count
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) See (b) See 227.7203 for policy on the acquisition of other than commercial computer software and other than commercial computer software documentation for services contracts that require the development or modification of other than commercial computer software.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
When using funds other than those appropriated under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), follow the prescriptions in paragraphs (a) through (d) of this section. Otherwise, follow the prescription in paragraph (e). (a) Insert the clause at 52.225-9, Buy American—Construction Materials, in solicitations and contracts for construction that is performed in the United States valued at less than $6,708,000. (1) List in paragraph (b)(2) of the clause all foreign construction material excepted from the requirements of the Buy American statute. (2) If the head of the agency determines that a higher percentage is appropriate, substitute the higher evaluation percentage in paragraph (b)(3)(i) of the clause. (3) The contracting officer shall use the clause with its Alternate I to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.201(c). For contracts that the contracting officer estimates will be awarded in calendar year 2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of “domestic construction material.” For contracts that the contracting officer estimates will be awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”. For contracts that the contracting officer estimates
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 15
(a) CED or CEVAD shall obtain official NOAA ENC ® files only by directly downloading them from an official NOAA ENC site on the Internet. (b)(1) After downloading NOAA ENC files, CED or CEVAD shall uncompress the files and compute a CRC checksum value for each NOAA ENC file and verify that it matches the CRC checksum value contained in the CATALOG.031 file provided with the NOAA ENC files by NOAA. This is to ensure that no NOAA ENC files have been corrupted during the download process. (2) In the event that said CRC checksum value does not match that in the CATALOG.031 file, CED or CEVAD agrees to: (i) Repeat the download process; (ii) In the event that said CRC checksum value for the repeat download does not match that in the CATALOG.031 file, immediately notify the NOAA ENC Production Manager at (iii) Not redistribute any NOAA ENC that does not have a valid CRC checksum.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
The publisher provides no abstract for this document; none is invented here.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 27
Any agency of the United States, or of any State or political subdivision thereof, may acquire or receive in bulk, and warehouse and bottle, imported and domestic distilled spirits in conformity with the internal revenue laws.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) (b) (1) May provide conference participants with lodging, food and beverage, and other on-site event support services. (2) Demonstrate they are environmentally preferable by their responses to the 17 questions in 1552.223-71(c) highlighting environmental performance. These questions address, among other things, reducing greenhouse gas (GHG) emissions, the production and disposal of solid waste, the use of and exposure to toxic chemicals/materials, and the depletion of natural resources including water. (c) (d) (e) (f) (g)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 34
(a) (b) (1) Appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the “Americans with Disabilities Accessibility Standards for Buildings and Facilities”); or (2) Appendix A of subpart 101-19.6 of title 41, Code of Federal Regulations (commonly known as the “Uniform Federal Accessibility Standards”).
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 34
(a) (b) (1) Appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities”); or (2) Appendix A of subpart 101-19.6 of title 41, Code of Federal Regulations (commonly known as the “Uniform Federal Accessibility Standards”).
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 41
Except for inventories eligible for return to GSA for credit pursuant to the provisions of § 101-27.501 and for inventories for which an economic retention limit has been established in accordance with the provisions of subpart 101-27.3 of this part, inventory levels may be adjusted upward when items of stock are to be acquired from excess sources. Such adjustments should be tempered by caution and arrived at after careful consideration. Generally, acquisitions of items for inventory from excess sources shall not exceed a 2-year supply except when: (a) A greater quantity is needed to meet known requirements for an authorized planned program. (b) The item is not available without special manufacture and a predictable requirement exists. (c) Administrative determination has been made that in application of the EOQ principle of stock replenishment within an agency an inventory level in excess of 2 years is appropriate for low dollar-volume items. (d) The items are being transferred into authorized stock funds for resale to other Government agencies.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) Use the clause at 252.227-7021, Rights in Data—Existing Works, in lieu of the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, in solicitations and contracts exclusively for existing works when— (1) The existing works will be acquired without modification; and (2) The Government requires the right to reproduce, prepare derivative works, or publicly perform or display the existing works; or (3) The Government has a specific need to obtain indemnity for liabilities that may arise out of the content, performance, use, or disclosure of such data. (b) The clause at 252.227-7021 provides the Government, and others acting on its behalf, a paid-up, non-exclusive, irrevocable, world-wide license to reproduce, prepare derivative works and publicly perform or display the works called for by a contract and to authorize others to do so for government purposes. (c) A contract clause is not required to acquire existing works such as books, magazines and periodicals, in any storage or retrieval medium, when the Government will not reproduce the books, magazines or periodicals, or prepare derivative works.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 27
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State shall receive
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 26
(a) (b) (1) (A) Immediately before the exchange, the exchanging shareholder is— ( ( (B) Either of the following conditions is satisfied— ( ( (C) The exchange is not a specified exchange to which paragraph (e)(1) of this section applies. (ii) (B) ( ( ( ( ( ( (iii) (2) (A) Immediately before the exchange, the foreign acquired corporation and the transferee foreign corporation are not members of the same affiliated group (within the meaning of section 1504(a), but without regard to the exceptions set forth in section 1504(b), and substituting the words “more than 50” in place of the words “at least 80” in sections 1504(a)(2)(A) and (B)); (B) Immediately after the exchange, a domestic corporation directly or indirectly owns 10 percent or more of the voting power or value of the transferee foreign corporation; and (C) The exchanging shareholder receives preferred stock (other than preferred stock that is fully participating with respect to dividends, redemptions and corporate growth) in consideration for common stock or preferred stock that is fully participating with respect to dividends, redemptions and corporate growth, or, in the discretion of the Commissioner or the Commissioner's delegate (and without regard to whether the stock exchanged is common stock or preferred stock), receives stock that entitles it to participate (through dividends, redemption payments or otherwise) disproportionately in the earnings generated by particular assets of the foreign acquired corporation
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) All purchases of sedans and station wagons, and certain types of light trucks as specified by GSA, are subject to the requirements of the Energy Policy and Conservation Act of 1975 (EPCA), Pub. L. 94-163, and of Executive Orders 12003 and 12375 and subsequent implementing regulations. Accordingly, the Director of Administration and the Heads of Contracting Activities will submit annually to the Director, Personal Property Policy Division, within the Headquarters procurement organization, for approval, a forecast of plans for the purchase of such vehicles during the fiscal year. Such forecast shall be submitted to the Property Executive, or designee. (b) Approved sedans, station wagons, and light trucks requisitioned, but not contracted for by GSA until the subsequent fiscal year, shall be included in the acquisition plan for the miles-per-gallon criteria of the year in which GSA signs the purchase contract along with the new vehicles planned for acquisition that year.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 29
(a) (b) (1) Where a covered entity inadvertently requests or requires genetic information of the individual or family member of the individual. (i) Requests for Medical Information: (A) If a covered entity acquires genetic information in response to a lawful request for medical information, the acquisition of genetic information will not generally be considered inadvertent unless the covered entity directs the individual and/or health care provider from whom it requested medical information (in writing, or verbally, where the covered entity does not typically make requests for medical information in writing) not to provide genetic information. (B) If a covered entity uses language such as the following, any receipt of genetic information in response to the request for medical information will be deemed inadvertent: “The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. ‘Genetic information' as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and ge
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 26
(a) (b) (c) (2) (3) (4) (ii) (B) (iii) (iv) (A) A caption identifying the statement as disclosure under § 1.108-2(c); (B) An identification of the indebtedness with respect to which disclosure is made; (C) The amount of such indebtedness and the amount of income from discharge of indebtedness is section 108(e)(4) were to apply; (D) Whether paragraph (c)(4)(ii) or (iii) of this section applies to the transaction; and (E) A statement describing the facts and circumstances supporting the debtor's position that the holder did not acquire the indebtedness in anticipation of becoming related to the debtor. (v) (5) (i) Related to the holder before the holder becomes related to the debtor; and (ii) Related to the debtor after the holder becomes related to the debtor. (6) (ii) (A) The period for which the indebtedness was held by a corporation to whose attributes the holder succeeded pursuant to section 381; and (B) The period (ending on the date on which the holder becomes related to the debtor) for which the indebtedness was held continuously by members of the holder group (as defined in paragraph (c)(5) of this section). (d) (2) (i) Sections 267(b) and 707(b)(1) are applied as if section 267(c)(4) provided that the family of an individual consists of the individual's spouse, the individual's children, grandchildren, and parents, and any spouse of the individual's children or grandchildren; and (ii) Two entities that are treated as a single employer under subsection (b) or (c) of se
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) (b) (c) (i) Acquire the item using— (A) Competitive procedures (e.g., the procedures in FAR 6.102, the set-aside procedures in FAR Subpart 19.5, or competition conducted in accordance with FAR Part 13); or (B) The fair opportunity procedures in FAR 16.505, if placing an order under a multiple award delivery-order contract; and (ii) Include FPI in the solicitation process, consider a timely offer from FPI, and make an award in accordance with the policy at FAR 8.602(a)(4)(ii) through (v). (2) When acquiring an item for which FPI does not have a significant market share, acquire the item in accordance with the policy at FAR 8.602.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 33
(a) (b) (c) (d) (e) (1) (2) (3) (4) (5) (6) (7) (f) (1) Areas where the imposed or aggravated flood condition is non-hazardous. Affected interest should be informed of the nature of the imposed non-hazardous flood condition. (2) Areas where the construction and operation of a dam and spillway do not increase or create a hazardous condition. (g) (h) (1) For various flood magnitudes up to the probable maximum flood determine the “with” and “without project” flood conditions downstream of a dam spillway for the following: (i) Flooded area. (ii) Flood depth. (iii) Flood duration. (iv) Velocities. (v) Debris and erosion. (2) Determine the combinations of flood magnitudes and the above flood conditions that could be the most hazardous and/or result in the greatest increase in hazard from “without” to “with project” flood conditions. Designate these combinations of flood magnitude and flood conditions as the critical conditions. (3) For the critical conditions selected above outline the areas where the project could increase and/or create (impose) one or more of the critical conditions. Areas where spillway flows do not create or increase flood conditions are excluded from further analysis. (4) Determine where the imposed critical conditions as outlined above would be hazardous and non-hazardous. Non-hazardous areas are defined as those areas where: (i) Flood depths are maximum of 2 feet in urban and rural areas. (ii) Flood depths are essentially non-damaging to urban property. (iii
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 43
In so far as permitted by law, it is the policy of the Departments of the Interior and of the Army to acquire, as a part of reservoir project construction, adequate interest in lands necessary for the realization of optimum values for all purposes including additional land areas to assure full realization of optimum present and future outdoor recreational and fish and wildlife potentials of each reservoir.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 12
(a) (1) Place of abode and telephone number at such place; or (2) Place of employment. (b) (1) Identify himself or herself individually by name, state that he or she is confirming or correcting the consumer's location information, and, only if expressly requested, identify his or her employer; (2) Not state that the consumer owes any debt; (3) Not communicate by postcard; (4) Not use any language or symbol on any envelope or in the contents of any communication by mail indicating that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and (5) After the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond to the debt collector's communication within a reasonable period of time. (c)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 32
(a) (b) (c)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
Use the clause at 252.227-7020, Rights in Special Works, in solicitations and contracts for modified existing works in lieu of the clause at 252.227-7021, Rights in Data—Existing Works.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) GSA Interagency Fleet Management System (GSA-IFMS) is the first source of supply for providing motor vehicles to contractors; however, contracting officer approval is required for contractors to utilize this service. (b) Prior approval of GSA must be obtained before— (1) Fixed-price contractors can use the GSA-IFMS; (2) DOE-owned motor vehicles can be furnished to any contractor in an area served by GSA-IFMS; and (3) A contractor can commercially lease a motor vehicle for more than 60 days after GSA has determined that it cannot provide the required vehicle. (c) GSA has the responsibility for acquisition of motor vehicles for Government agencies. All requisitions shall be processed via GSA AutoChoice in accordance with 41 CFR 101-26.501. (d) Contractors shall submit all motor vehicle requirements to the contracting officer for approval. (e) The acquisition of sedans and station wagons is limited to small, subcompact, and compact vehicles which meet Government fuel economy standards. The acquisition of light trucks is limited to those vehicles which meet the current fuel economy standards set by Executive Orders 12003 and 12375. (f) Cost reimbursement contractors may be authorized by the contracting officer to utilize GSA Federal Supply Schedule 751, Leasing of Automobiles and Light Trucks, for short term rentals not to exceed 60 days, and are required to utilize available GSA consolidated leasing programs for long term (60 continuous days or longer) commercial leasing of
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 41
Each executive agency shall make a determination as to whether the requirements of the agency can be met through the utilization of already owned items prior to the acquisition of new furniture or office machines. The acquisition of new items shall be limited to those requirements which are considered absolutely essential and shall not include upgrading to improve appearance, office decor, or status, or to satisfy the desire for the latest design or more expensive lines. (a) Generally acquisition of additional furniture or office machines from any source will be authorized only under the following circumstances, limited to the least expensive lines which will meet the requirement (see § 101-26.408 of this chapter with respect to items such as typewriters under Federal Supply Schedule contracts), and the justification for the action shall be fully documented in the agency file: (1) For essential requirements arising from quantitative increases in onboard employment which constitute the total requirement of any agency or major component thereof (e.g. bureau, service, office). (2) For essential requirements arising from a need not related to onboard employment increases but which are determined necessary to avoid impairment of program efficiency. (b) Each agency shall restrict replacement of furniture or office machines either to usable excess, rehabilitated, or the least expensive new lines available which will meet the requirement under the following circumstances, authority f
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) Contracting officers shall work closely with data managers and requirements personnel to assure that computer software and computer software documentation requirements included in solicitations are consistent with the policy expressed in 227.7203-1. (b)(1) Data managers or other requirements personnel are responsible for identifying the Government's life-cycle needs for computer software and computer software documentation. See PGI 227.7203-2(b) for further guidance on assessing life-cycle needs. In addition to desired software performance, compatibility, or other technical considerations, identification of life-cycle needs should consider such factors as— (i) The offeror's economic interests in software that has been developed at private expense (including the economic interests of small businesses and nontraditional contractors); (ii) The Government's costs to develop, acquire, maintain, store, retrieve, and protect the computer software and computer software documentation; (iii) Multiple site or shared use requirements; (iv) Whether the Government's software maintenance philosophy will require the right to modify or have third parties modify the software; and (v) Any special computer software documentation requirements. (2)(i) (A) Reproduce, build, or recompile the software from its source code and required software libraries ( (B) Conduct required computer software testing and evaluation; (C) Integrate and deploy computer programs on relevant hardware including develo
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 42
(a) Medicare only covers and pays for reasonable costs of acquisition on or after October 1, 2004, of pancreata for islet cell transplants into Medicare beneficiaries participating in a National Institute of Diabetes and Digestive and Kidney Diseases clinical trial of islet cell transplantation in accordance with section 733 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003. (b) Pancreata procured under paragraph (a), for covered islet cell transplants must be assigned a full standard acquisition charge and be treated as solid organs for procurement purposes.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 26
(a) (2) (i) P and S are foreign corporations and neither P nor S is a controlled foreign corporation (within the meaning of § 1.367(b)-2(a)) immediately before or immediately after the triangular reorganization; (ii) S is a domestic corporation, P's stock in S is not a United States real property interest (within the meaning of section 897(c)), and P would not be subject to U.S. tax on a dividend (as determined under section 301(c)(1)) from S under either section 881 (for example, by reason of an applicable treaty) or section 882; or (iii) In an exchange under section 354 or 356, one or more U.S. persons exchange stock or securities of T and the amount of gain in the T stock or securities recognized by such U.S. persons under section 367(a)(1) is equal to or greater than the sum of the amount of the deemed distribution that would be treated by P as a dividend under section 301(c)(1) and the amount of such deemed distribution that would be treated by P as gain from the sale or exchange of property under section 301(c)(3) if this section would otherwise apply to the triangular reorganization. See § 1.367(a)-3(a)(2)(iv) (providing a similar rule that excludes certain transactions from the application of section 367(a)(1)). (3) (i) The terms (ii) The term (A) A liability assumed by S to acquire the P stock or securities; and (B) S stock (or any rights to acquire S stock) to the extent such S stock (or rights to acquire S stock) is used by S to acquire P stock or securities from a
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
Follow the procedures at PGI 217.7504 when acquiring parts for which the Government does not have the necessary data.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 49
(a) A private entity which is primarily engaged in the business of transporting people and whose operations affect commerce, which makes a solicitation after February 25, 1992, to purchase or lease a new rail passenger car to be used in providing specified public transportation, shall ensure that the car is readily accessible to, (b) Except as provided in paragraph (c) of this section, a private entity which is primarily engaged in transporting people and whose operations affect commerce, which remanufactures a rail passenger car to be used in providing specified public transportation to extend its useful life for ten years or more, or purchases or leases such a remanufactured rail car, shall ensure that the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. For purposes of this paragraph, it shall be considered feasible to remanufacture a rail passenger car to be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless an engineering analysis demonstrates that doing so would have a significant adverse effect on the structural integrity of the car. (c) Compliance with paragraph (b) of this section is not required to the extent that it would significantly alter the historic or antiquated character of a historic or antiquated rail passenger car, or a rail station served exclusively by such cars, or would result
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
The publisher provides no abstract for this document; none is invented here.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 7
When the Government did not protect its interest in security property in a foreclosure by another lienholder, and if the Government has redemption rights, the State Director will determine whether to redeem the property. This determination will be based on all pertinent factors including the value of the property after the sale, and costs which may be incurred in acquiring and reselling the property. For Farmer Program loans, the County Supervisor will document the determination on exhibit G of this subpart. The decision must be made far enough in advance of expiration of the redemption period to permit exercise of the Government's rights. If the property is to be redeemed, complete information documenting the basis for not acquiring the property at the sale and factors which justify redemption of the property will
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 7
When the servicing regulations for the type of loan(s) involved permit Rural Development to acquire property by one of these methods, the acquisition will be reported in accordance with § 1955.18(a) of this subpart.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 24
(a) (1) Obtain a deed-in-lieu of foreclosure (see §§ 203.357, 203.389 and 203.402(f) of this part) with title being taken in the name of the mortgagee or the Secretary; (2) Commence foreclosure; (3) Enter into a special forbearance agreement under § 203.614; (4) Complete a modification of the mortgage under § 203.616; (5) Complete a refinance of the mortgage under § 203.43(c); (6) Complete an assumption under § 203.512; (7) File a partial claim under § 203.371; or (8) Initiate a pre-foreclosure sale under § 203.370. (b) (c) (1) Do not permit the commencement of foreclosure within the time limits described in paragraphs (a), (b), (g), (h) and (i) of this section, the mortgagee must commence foreclosure within 90 days after the expiration of the time during which foreclosure is prohibited; or (2) Require the prosecution of a foreclosure to be discontinued, the mortgagee must recommence the foreclosure within 90 days after the expiration of the time during which foreclosure is prohibited. (d) (e) (f) (g) (1) Four months after the date of commencement of participation, if there is no signed Contract of Sale at that time, unless extended by the Commissioner; (2) Six months after the date of commencement of participation, if there is a signed contract but settlement has not occurred by that date, unless extended by the Commissioner; (3) The date the mortgagee is notified of the mortgagor's withdrawal from the Pre-foreclosure Sale procedure; or (4) The date of the letter sent by the
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
Insert the following clause when required by 917.7403:
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 34
No grantee may use its grant for acquisition of real property or for construction unless specifically permitted by the authorizing statute or implementing regulations for the program.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 34
No State or subgrantee may use its grant or subgrant for acquisition of real property or for construction unless specifically permitted by the authorizing statute or implementing regulations for the program.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 17
(a) (b) (c) (1) (i) The value of the securities collateralizing the repurchase agreement (reduced by the transaction costs (including loss of interest) that the investment company reasonably could (ii) The investment company has perfected its security interest in the collateral; (iii) The collateral is maintained in an account of the investment company with its custodian or a third party that qualifies as a custodian under the Act; (iv) The collateral consists entirely of: (A) Cash items; (B) Government Securities; or (C) Securities that the investment company's board of directors, or its delegate, determines at the time the repurchase agreement is entered into: ( ( (v) Upon an Event of Insolvency with respect to the seller, the repurchase agreement would qualify under a provision of applicable insolvency law providing an exclusion from any automatic stay of creditors' rights against the seller. (2) (i) An admission of insolvency, the application by the person for the appointment of a trustee, receiver, rehabilitator, or similar officer for all or substantially all of its assets, a general assignment for the benefit of creditors, the filing by the person of a voluntary petition in bankruptcy or application for reorganization or an arrangement with creditors; or (ii) The institution of similar proceedings by another person which proceedings are not contested by the person; or (iii) The institution of similar proceedings by a government agency responsible for regulating the act
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 32
Local commanding officers are authorized, without approval by higher authority, to make leases of camp sites, buildings, and grounds, for troops; office and storage space for small detachments; garage or parking space; space for recruiting stations; and land or space for similar purposes, provided: (a) Funds are available to the local commanding officer, (b) Rental consideration conforms to the prevailing rate in the locality, (c) The premises are to be occupied not longer than 3 months or in the case of Reserve training sites, not more than 90 days per year, (d) Rental for the entire period of occupancy does not exceed $500, and (e) Clearance is made with the General Services Administration, where required.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) Except as provided in paragraph (b) of this section, when acquiring small arms for assistance to the Army of Afghanistan, the Afghani Police Forces, or other Afghani security organizations— (1) Use full and open competition to the maximum extent practicable, consistent with the provisions of 10 U.S.C. 3201; (2) If use of other than full and open competition is justified in accordance with FAR Subpart 6.3, ensure that— (i) No responsible U.S. manufacturer is excluded from competing for the acquisition; and (ii) Products manufactured in the United States are not excluded from the competition; and (3) If the exception at FAR 6.302-2 (unusual and compelling urgency) applies, do not exclude responsible U.S. (b) Paragraph (a)(2) of this section does not apply when— (1) The exception at FAR 6.302-1 (only one or a limited number of responsible sources) applies, and the only responsible source or sources are not U.S. manufacturers or are not offering products manufactured in the United States; or (2) The exception at FAR 6.302-4 (international agreement) applies, and United States manufacturers or products manufactured in the United States are not the source(s) specified in the written directions of the foreign government reimbursing the agency for the cost of the acquisition of the property or services for such government.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) Use the following procedures only in the order listed when a labor dispute delays performance of a contract for stevedoring services which are urgently needed. (1) Attempt to have management and labor voluntarily agree to exempt military supplies from the labor dispute by continuing the movement of such material. (2) Divert vessels to alternate ports able to provide necessary stevedoring services. (3) Consider contracting with reliable alternative sources of supply within the stevedoring industry. (4) Utilize civil service stevedores to perform the work performed by contract stevedores. (5) Utilize military personnel to handle the cargo which was being handled by contract stevedores prior to the labor dispute. (b) Notify the labor advisor when a deviation from the procedures in paragraph (a) of this subsection is required.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 12
(a) A registered bank holding company requested an opinion by the Board of Governors with respect to whether that company and its banking subsidiaries may acquire stock in a small business investment company organized pursuant to the Small Business Investment Act of 1958. (b) It is understood that the bank holding company and its subsidiary banks propose to organize and subscribe for stock in a small business investment company which would be (c) Section 302(b) of the Small Business Investment Act authorizes national banks, as well as other member banks and nonmember insured banks to the extent permitted by applicable State law, to invest capital in small business investment companies not exceeding one percent of the capital and surplus of such banks. Section 4(c)(4) of the Bank Holding Company Act exempts from the prohibitions of section 4 of the Act “shares which are of the kinds and amounts eligible for investment by National banking associations under the provisions of section 5136 of the Revised Statutes”. Section 5136 of the Revised Statutes (paragraph “Seventh”) in turn provides, in part, as follows: (d) An additional question is presented, however, as to whether section 6 of the Bank Holding Company Act prohibits banking subsidiaries of the bank holding company from purchasing stock in a small business investment company where the latter is a “subsidiary” under that Act. (e) Section 6(a)(1) of the Act makes it unlawful for a bank to invest any of its funds in the capi
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
The following provisions and clauses apply to the acquisition of supplies and the acquisition of services involving the furnishing of supplies. (a)(1)(i) Insert the clause at 52.225-1, Buy American—Supplies, in solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding $50,000; and in solicitations and contracts with a value exceeding $50,000, if none of the clauses prescribed in paragraphs (b) and (c) of this section apply, except if— (A) The solicitation is restricted to domestic end products in accordance with subpart 6.3; (B) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies ( (C) The acquisition is for supplies for use outside the United States. (ii) The contracting officer shall use the clause with its Alternate I to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.101(d). For contracts that the contracting officer estimates will be awarded in calendar year 2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of “domestic end product.” For contracts that the contracting officer estimates will be awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”. For contracts that the contracting officer estima
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(1) Use the basic or the alternate of the provision at 252.225-7000, Buy American—Balance of Payments Program Certificate, instead of the provision at FAR 52.225-2, Buy American Certificate, in any solicitation, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, that includes the basic or the alternate of the clause at 252.225-7001, Buy American and Balance of Payments Program. (i) Use the basic provision when the solicitation includes the basic clause or alternate II of the clause at 252.225-7001. (ii) Use the alternate I provision when the solicitation includes alternate I or alternate III of the clause at 252.225-7001. (2)(i) Use the basic or an alternate of the clause at 252.225-7001, Buy American and Balance of Payments Program, instead of the clause at FAR 52.225-1, Buy American —Supplies, in solicitations and contracts, including solicitations and contracts using FAR (A) All line items will be acquired from a particular source or sources under the authority of FAR 6.302-3; (B) All line items require domestic or qualifying country end products in accordance with subpart 225.70, but note that this exception does not apply if subpart 225.70 only requires manufacture of the end product in the United States or in the United States or Canada, without a corresponding requirement for use of domestic components; (C) The acquisition is for supplies for use within the United States and an exception to the Buy A
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(c)(1) NASA has determined that the restrictions of the Buy American Act are not applicable to U.S.-made end products. (e) The contracting officer must add paragraph (k) as set forth in 1852.225-8, Duty-Free Entry of Space Articles, in solicitations and contracts when the supplies that will be accorded duty-free entry are identifiable before award. Insert the supplies determined in accordance with FAR subpart 25.9 and 1825.903.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) Contracting officers shall work closely with data managers and requirements personnel to assure that data requirements included in solicitations are consistent with the policy expressed in 227.7103-1. (b)(1) Data managers or other requirements personnel are responsible for identifying the Government's life-cycle needs for technical data. Technical data needs must be established giving consideration to the offeror's economic interests in technical data pertaining to items, components, or processes that have been developed at private expense (including the economic interests of small businesses and nontraditional contractors); the Government's costs to acquire, maintain, store, retrieve, and protect the technical data; reprocurement needs; repair, maintenance, and overhaul philosophies; spare and repair part considerations; and whether procurement of the items, components, or processes can be accomplished on a form, fit, or function basis. When it is anticipated that the Government will obtain unlimited or government purpose rights in technical data that will be required for competitive spare or repair parts procurements, such data should be identified as deliverable technical data items. Reprocurement needs may not be a sufficient reason to acquire detailed manufacturing or process data when items or components can be acquired using performance specifications, form, fit, and function data, or when there are a sufficient number of alternate sources that can reasonably be ex
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) (b) The contracting officer has greater latitude in holding discussions with the business concerns being considered under an 8(a) program acquisition if under the $4 million competitive threshold for 8(a) competition than under a non-8(a) program acquisition. Informal assessments of potential 8(a) sources shall be within the parameters of 13 CFR 124.308(g). The technical evaluation must be carefully reviewed to determine if any source declared to be unacceptable is capable of being made acceptable.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 39
(a) (b) (1) In consideration for the payment the tenant-owner assigns, transfers, and releases to the Postal Service all of the tenant-owner's rights, title, and interests in the improvement; (2) The owner of the real property on which the improvement is located disclaims all interest in the improvement; and (3) The payment does not result in the duplication of any compensation otherwise authorized by law. (c)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 49
(a) (b) (c) (d) (1) The tenant-owner, in consideration for the payment, assigns, transfers, and releases to the agency all of the tenant-owner's right, title, and interest in the improvement; (2) The owner of the real property on which the improvement is located disclaims all interest in the improvement; and (3) The payment does not result in the duplication of any compensation otherwise authorized by law. (e)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
As prescribed in 225.7002-3(c), insert the following clause:
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
Any textile components supplied by DoD to the Afghan National Army or the Afghan National Police for purpose of production of uniforms shall be produced in the United States.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) The acquisition performance measurement system is a three-pronged approach that includes self assessment, statistical data for validation and flexible quality reviews and assessment techniques. This system is required to: (1) Evaluate the effectiveness and efficiency of bureau and office acquisition systems; (2) Assess the adequacy of policies, procedures and regulations governing the acquisition process; and (3) Identify and implement changes necessary to improve the systems. (b) HCA's are responsible for ensuring contracting activity compliance with law and regulations through the review and oversight process.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) For the acquisition of health-care resources consisting of commercial services or the use of medical equipment or space where the acquisition is expected to exceed the simplified acquisition threshold (SAT), an acquisition team must be assembled. The team shall be tailored by the contracting officer for each particular acquisition expected to exceed the SAT. The team should consist of a mix of staff, appropriate to the complexity of the acquisition, and may include fiscal, legal, administrative, and technical personnel, and such other expertise as necessary to assure a comprehensive acquisition plan. The team should include the small business advocate representing the contracting activity or a higher-level designee. At a minimum, the team must include the contracting officer and a representative of the Office of General Counsel and the requesting service. (38 U.S.C. 8153) (b) The contracting officer or the acquisition team, as appropriate, must conduct market research, including satisfying the requirements of 808.002(a)(2) and 873.107, Socioeconomic programs, and a VA Rule of Two determination (819.502-2). It is the responsibility of the contracting officer to ensure the requirement is appropriately publicized and information about the procurement opportunity is adequately disseminated as set forth in 873.107. (38 U.S.C. 8153) (c) In lieu of the requirements of FAR part 7 addressing documentation of the acquisition plan, the contracting officer may conduct an acquisition
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 39
(a) (1) (2) (3) (4) (5) (i) A statement of the amount offered as just compensation. In the case of a partial acquisition, the compensation for the real property to be acquired and the compensation for damages, if any, must be separately stated. (ii) The location and description of the real property and the interest(s) to be acquired. (iii) An identification of the buildings, structures, and other improvements (including removable building equipment and trade fixtures) which are considered part of the real property for which the offer of just compensation is made. Where appropriate, the statement shall identify and separately held ownership interest in the improvement(s), for example, a tenant-owned improvement. (6) (i) Discuss the Postal Service's offer to purchase the property including the basis for the offer of just compensation, and; (ii) Explain Postal Service acquisition policies and procedures including the provisions for the payment of incidental expenses as described under § 777.33. (7) (8) (9) (10) (11) (12) (13) (i) Pay the agreed purchase price to the owner; or (ii) In the case of a condemnation proceeding, deposit with the court for the benefit of the owner an amount not less than the amount of the approved appraised value of the property or the amount of the award of compensation in the condemnation proceeding for the property. (14)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 39
(a) (b)
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
Follow the procedures at PGI 208.7403 when acquiring commercial software and commercial software services.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
(a) Subject to the requirements of 225.7703-2, except as provided in 225.7702, a product or service (including construction)in support of operations in Afghanistan may be acquired by— (1) Providing a preference for products or services from Afghanistan in accordance with the evaluation procedures at 225.7703-3; (2) Limiting competition to products or services from Afghanistan; or (3) Using procedures other than competitive procedures to award a contract to a particular source or sources from Afghanistan. When other than competitive procedures are used, the contracting officer shall document the contract file with the rationale for selecting the particular source(s). (b) For acquisitions conducted using a procedure specified in paragraph (a) of this subsection, the justification and approval addressed in FAR Subpart 6.3 is not required. (c) When issuing solicitations and contracts for performance in Afghanistan, follow the procedures at PGI 225.7703-1(c).
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 10
(a) (2) The notice of acquisition will generally include the: (i) Manner of acquisition; (ii) Time period for solicitations; (iii) Quantity of petroleum products sought; (iv) Minimum petroleum product quality requirements; (v) Time period for delivery; (vi) Acceptable delivery locations; and (vii) Instructions for the offer process. (b) (2) DOE shall, to the greatest extent practicable, determine the manner of (i) The availability of appropriated funds; (ii) Minimization of costs; (iii) Minimization of the Nation's vulnerability to a severe energy supply interruption; (iv) Minimization of the impact to supply levels and market forces; (v) Whether the manner of acquisition would encourage competition in the petroleum industry; and (vi) Other considerations DOE deems to be relevant. (c) (2) DOE shall make the solicitation publicly available on the website of the OPR: (d) (2) Unless termination rights are explicitly waived by DOE, DOE may terminate any solicitations and contracts pertaining to the acquisition or exchange of petroleum products at the convenience of the Government, and in such event shall not be responsible for any costs incurred by suppliers, other than costs for petroleum products delivered to the SPR and for reasonable, customary, and applicable costs incurred by the supplier in the performance of a valid contract for delivery before the effective date of termination of such contract. In no event shall the Government be liable for consequential damages or the e
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 48
See PGI 237.102-77 for guidance on using the Acquisition Requirements Roadmap Tool to develop and organize performance requirements into draft versions of the performance work statement, the quality assurance surveillance plan, and the performance requirements summary.
official document · source cfr-2024
CFR · 2024-01-01 · US · Title 36
(a) Prior to closing on an acquisition, grant recipients participating in the Community Forest Program must complete the following, which applies to all tracts, including cost share tracts: (1) Complete an appraisal: (i) For lands purchased with Community Forest Program funds, the appraisal must comply with Federal appraisal standards prior to the release of the grant funds. The grant recipient must provide documentation that the appraisal and associated appraisal review were conducted in a manner consistent with the Federal appraisal standards. (ii) For donated cost share tracts, the market value must be determined by an independent appraiser. The value needs to be documented by a responsible official of the party to which the property is donated. (2) Notify the landowner in writing of the appraised value of the property and that the sale is voluntary. If the grant recipient has a voluntary option for less than appraised value, they do not have to renegotiate the agreement. (3) Purchase all surface and subsurface mineral rights whenever possible. However, if severed mineral rights cannot be obtained, the grant recipient must follow the retention of qualified mineral interest requirements outlined in the Internal Revenue Service regulations (26 CFR 1.170A-14(g)(4)), which address both surface and subsurface minerals. (4) Ensure that title to lands acquired conforms to title standards applicable to State land acquisitions where the land is located: (i) Title to lands acquired
official document · source cfr-2024