(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
(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.
