[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1309.52]

[Page 197]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1309_HEAD START FACILITIES PURCHASE, MAJOR RENOVATION AND 
CONSTRUCTION--Table of Contents
 
               Subpart F_Construction and Major Renovation
 
Sec. 1309.52  Procurement procedures.

    (a) All facility construction and major renovation transactions must 
comply with the procurement procedure in 45 CFR parts 74 or 92, and must 
be conducted in a manner to provide, to the maximum extent practical, 
open and free competition.
    (b) All contracts for construction or major renovation of a facility 
to be paid for in whole or in part with Head Start funds require the 
prior, written approval of the responsible HHS official and shall be on 
a lump sum fixed-price basis.
    (c) Prior written approval of the responsible HHS official is 
required for unsolicited modifications that would change the scope or 
objective of the project or would materially alter the costs of the 
project by increasing the amount of grant funds needed to complete the 
project.
    (d) All construction and major renovation contracts for facilities 
acquired with grant funds shall contain a clause stating that the 
responsible HHS official or his or her designee shall have access at all 
reasonable times to the work being performed pursuant to the contract, 
at any stage of preparation or progress, and require that the contractor 
shall facilitate such access and inspection.