AUTHORITY: The provisions of this Part 19-1 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 19–1 appear at 27 F.R. 6044, June 27, 1962. § 19-1.000 Scope of part.

This part describes the method by which the United States Information Agency implements and supplements the Federal Procurement Regulations, and contains procedures which implement and supplement Part 1-1 of the Federal Procurement Regulations.

Subpart 19-1.1-Introduction

§ 19-1.100 Scope of subpart.

This subpart establishes Chapter 19 of the Federal Procurement Regulations System, and states its relationship to the Federal Procurement Regulations (FPR), and to other instructions governing contracting and procurement operations of the U.S. Information Agency. § 19-1.101 Establishment of USIA procurement policies and procedures.

This subpart establishes U.S. Information Agency (USIA) procurement policies and procedures (Chapter 19) as prescribed by the Director of USIA, to provide uniform policies and procedures applicable to procurement of personal property and nonpersonal services (including construction) for all USIA activities including the USIS (United States Information Service) as the Agency is known overseas. § 19-1.102 Authority.

The U.S. Information Agency Procurement Regulations are prescribed by the

Director of the U.S. Information Agency pursuant to the authority of the United States Information and Educational Exchange Act of 1948, Reorganization Plan No. 8 of 1953, and the Federal Property and Administrative Services Act of 1949, as amended.

§ 19-1.103 Relationship of Chapter 19 to the FPR and other procurement instructions.

(a) Chapter 19 implements and supplements the FPR. Material published in the FPR, which has Government-wide applicability, becomes effective throughout the USIA upon the effective date of the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise restated in Chapter 19.

(b) Implementing material is that which expands upon related FPR material. It will treat a similarly numbered portion of the FPR in greater detail or indicate the manner of compliance or deviation.

(c) Supplementing material is that for which there is no counterpart in the FPR.

(d) The absence of a corresponding part, subpart, section, etc. in Chapter 19 indicates that the FPR is applicable as written.

(e) Procurement instructions, necessary to implement or supplement the FPR and Chapter 19, will be issued by the Chief of the Contract and Procurement Division, Office of Administration (IOA/C). These instructions, together with the FPR and Chapter 19, constitute the U.S. Information Agency Procurement Regulations (IAPR).

§ 19-1.104 Applicability.

Chapter 19 applies to all purchases and contracts made by the U.S. Information Agency for the procurement of personal property and nonpersonal services (including construction). Unless otherwise specified, Chapter 19 applies to purchases and contracts within and outside the United States.

§ 19-1.105 Method of issuance.

(a) All Chapter 19 material deemed necessary for an understanding, by business concerns and others interested, of basic and significant USIA policies and procedures, will be published in the FEDERAL REGISTER. Other related material also may be published in the FEDERAL REGISTER When its inclusion will provide

a logical, comprehensive statement of USIA procurement policies and procedures.

(b) The Chapter 19 material pubIlished in the FEDERAL REGISTER will be published in cumulative form in Chapter 19 of Title 41 of the Code of Federal Regulations. The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington 25, D.C.

§ 19-1.106 Exclusions.

(a) Certain policies and procedures within the scope of this Chapter 19 may be excluded when any of the following criteria are applicable:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than six months.

(3) Policies and procedures which are effective on an experimental basis for a reasonable period.

(4) Policies and procedures pertaining to other functions of USIA as well as to procurement functions and there is need to make the issuance available simultaneously to all USIA employees concerned.

(5) Speed of issuance is essential, numerous changes are required in Chapter 19, and all necessary changes cannot be made promptly.

(b) Procurement procedures and instructions issued in other than the FPR System format under (a) (4) and (5), above, will be codified into Chapter 19 at the earliest practicable date, but in any event not later than six months from date of issuance.

§ 19-1.107-1 General plan.

Chapter 19 is divided into parts, subparts, sections, subsections, and further subdivisions as necessary.

§ 19-1.107-2 Numbering.

(a) Generally, the numbering system used in Chapter 19 conforms to that in the FPR (See § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both the FPR and in Chapter 19 except that the first number in the FPR will be 1 rather than 19.

(b) Where Chapter 19 implements a part, subpart, section, or subsection of

the FPR, the implementing part, subpart, section or subsection of Chapter 19 will be numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) Where Chapter 19 supplements the FPR and thus deals with subject matter not contained in the FPR, the numbers in the group 50 through 69 will be assigned to the respective supplementing parts, subparts, or section.

(d) Where the subject matter contained in the part, subpart, section, or subsection of the FPR requires no implementation, Chapter 19 will contain no corresponding part, subpart, section, or subsection. Thus, there may be gaps in the Chapter 19 series of part, subpart, section, or subsection; in such cases, reference must be made to the FPR for policy and procedure applicable to USIA. § 19-1.107-3 Citation.

USIA procurement regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the IAPR, should be cited as "§ 19-1.107-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41CFR 19-1.107-3." Any section of the USIA Procurement Regulations may be informally identified, for purposes of brevity, as LAPR followed by the section number; i.e., "IAPR 19-1.107-3."

§ 19-1.108 Deviation.

§ 19-1.108-1 Description.

The term "deviation" includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form, except as may be authorized by regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or