[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR352.270-9]



[Page 84-85]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 352_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

              Subpart 352.2_Texts of Provisions and Clauses

 

Sec. 352.270-9  Care of laboratory animals.



    (a) The following provision shall be included in solicitations 

expected to involve vertebrate animals:



Notice to Offerors of Requirement for Compliance with the Public Health 

  Service Policy on Humane Care and Use of Laboratory Animals (Revised 

                          1986, Reprinted 2000)



    The PHS Policy on Humane Care and Use of Laboratory Animals by 

Awardee Institutions establishes a number of requirements for research 

activities involving animals. Before award may be made to an applicant 

organization, the organization shall file, with the Office of Laboratory 

Animal Welfare (OLAW), National Institutes of Health (NIH), a written 

Animal Welfare Assurance which commits the organization to comply with 

the provisions of the PHS Policy on Humane Care and Use of Laboratory 

Animals by Awardee Institutions, the Animal Welfare Act, and the Guide 

for the Care and Use of Laboratory Animals prepared by the Institute of 

Laboratory Animal Resources. In accordance with the PHS Policy on Humane 

Care and Use of Laboratory Animals by Awardee Institutions, applicant 

organizations must establish a committee, qualified through the 

experience and expertise of its members, to oversee the institution's 

animal program, facilities and procedures. No award involving the use of 

animals shall be made unless the Animal Welfare Assurance has been 

approved by OPRR. Prior to award, the Contracting Officer will notify 

Contractor(s) selected for projects that involve live vertebrate animals 

that an Animal Welfare



[[Page 85]]



Assurance is required. The Contracting Officer will request that OPRR 

negotiate an acceptable Animal Welfare Assurance with those 

Contractor(s). For further information, OPRR may be contacted at NIH, 

Bethesda, Maryland 20892 (301-496-7041).



                           (End of provision)



    (b) The following clause shall be included in all solicitations and 

resultant contracts involving research on vertebrate animals:



               Care of Live Vertebrate Animals (JAN 2001)



    (a) Before undertaking performance of any contract involving animal 

related activities, the Contractor shall register with the Secretary of 

Agriculture of the United States in accordance with 7 U.S.C. 2136 and 9 

CFR sections 2.25 through 2.28. The Contractor shall furnish evidence of 

the registration to the Contracting Officer.

    (b) The Contractor shall acquire vertebrate animals used in research 

from a dealer licensed by the Secretary of Agriculture under 7 U.S.C. 

2133 and 9 CFR Sections 2.1-2.11, or from a source that is exempt from 

licensing under those sections.

    (c) The Contractor agrees that the care and use of any live 

vertebrate animals used or intended for use in the performance of this 

contract will conform with the PHS Policy on Humane Care of Use of 

Laboratory Animals, the current Animal Welfare Assurance, the Guide for 

the Care and Use of Laboratory Animals prepared by the Institute of 

Laboratory Animal Resources and the pertinent laws and regulations of 

the United States Department of Agriculture (see 7 U.S.C. 2131 et seq. 

and 9 CFR Subchapter A, Parts 1-4). In case of conflict between 

standards, the more stringent standard shall be used.

    (d) If at any time during performance of this contract, the 

Contracting Officer determines, in consultation with the Office for 

Protection from Research Risks (OPRR), National Institutes of Health 

(NIH), that the Contractor is not in compliance with any of the 

requirements and/or standards stated in paragraphs (a) through (c) 

above, the Contracting Officer may immediately suspend, in whole or in 

part, work and further payments under this contract until the Contractor 

corrects the noncompliance. Notice of the suspension may be communicated 

by telephone and confirmed in writing. If the Contractor fails to 

complete corrective action within the period of time designated in the 

Contracting Officer's written notice of suspension, the Contracting 

Officer may, in consultation with OPRR, NIH, terminate this contract in 

whole or in part, and the Contractor's name may be removed from the list 

of those contractors with approved PHS Animal Welfare Assurances.

    Note: Note: The Contractor may request registration of its facility 

and a current listing of licensed dealers from the Regional Office of 

the Animal and Plant Health Inspection Service (APHIS), USDA, for the 

region in which its research facility is located. The location of the 

appropriate APHIS Regional Office, as well as information concerning 

this program may be obtained by contacting the Animal Care Staff, USDA/

APHIS, 4700 River Road, Riverdale, Maryland 20737.



                             (End of clause)



[66 FR 4255, Jan. 17, 2001, as amended at 70 FR 41, Jan. 3, 2005]