B-143151, JUL. 29, 1960

B-143151: Jul 29, 1960

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GENERAL SERVICES ADMINISTRATION: REFERENCE IS MADE TO LETTER DATED JUNE 6. WE BELIEVE THE DEFINITIONS AND INTERPRETATIONS SET FORTH IN THE PROPOSED MATERIAL ARE IN ACCORD WITH AND CARRY OUT THE PURPOSES OF THE ACT. SINCE THE ACT IS SO BROAD AND THE CERTIFICATION WHICH A CONTRACTOR IS REQUIRED TO MAKE MUST BE SUCH THAT. THE CONTRACTOR WILL BE SUBJECT TO PROSECUTION UNDER 18 U.S.C. IT IS BELIEVED THE REGULATIONS SHOULD SET FORTH IN CONSIDERABLE DETAIL WHAT WILL BE CONSIDERED AS COMPLIANCE WITH THE ACT. IT WOULD APPEAR TO BE ADVISABLE TO INCORPORATE AS A PART OF THE REGULATIONS TO BE ISSUED SUCH ADDITIONAL INTERPRETATIONS AS WILL. IN THIS CONNECTION IT IS BELIEVED THAT INTERPRETATIONS SIMILAR TO THOSE CONTAINED IN THE "NOTICE TO THE TRADE" WHICH WAS ISSUED BY THE MILITARY SUBSISTENCE SUPPLY AGENCY ON JUNE 1.

B-143151, JUL. 29, 1960

TO ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

REFERENCE IS MADE TO LETTER DATED JUNE 6, 1960, FROM THE ASSISTANT COMMISSIONER FOR PROCUREMENT POLICY, FORWARDING FOR OUR REVIEW AND COMMENT PROPOSED MATERIAL CONCERNING THE HUMANE SLAUGHTER OF LIVESTOCK ACT OF 1958, PUBLIC LAW 85-765.

WE BELIEVE THE DEFINITIONS AND INTERPRETATIONS SET FORTH IN THE PROPOSED MATERIAL ARE IN ACCORD WITH AND CARRY OUT THE PURPOSES OF THE ACT. HOWEVER, SINCE THE ACT IS SO BROAD AND THE CERTIFICATION WHICH A CONTRACTOR IS REQUIRED TO MAKE MUST BE SUCH THAT, IF FALSE, THE CONTRACTOR WILL BE SUBJECT TO PROSECUTION UNDER 18 U.S.C. SECTION 287, IT IS BELIEVED THE REGULATIONS SHOULD SET FORTH IN CONSIDERABLE DETAIL WHAT WILL BE CONSIDERED AS COMPLIANCE WITH THE ACT. THEREFORE, IT WOULD APPEAR TO BE ADVISABLE TO INCORPORATE AS A PART OF THE REGULATIONS TO BE ISSUED SUCH ADDITIONAL INTERPRETATIONS AS WILL, TOGETHER WITH THE REGULATIONS TO BE ISSUED BY THE SECRETARY OF AGRICULTURE, CLEARLY INFORM THE CONTRACTOR AS TO THE PURPORT OF HIS CERTIFICATION. IN THIS CONNECTION IT IS BELIEVED THAT INTERPRETATIONS SIMILAR TO THOSE CONTAINED IN THE "NOTICE TO THE TRADE" WHICH WAS ISSUED BY THE MILITARY SUBSISTENCE SUPPLY AGENCY ON JUNE 1, 1960, EXCEPT THE $2,500 EXCLUSION, SHOULD BE INCLUDED IN THE REGULATIONS.