ion charges will be made at a place other han the office of the Contractor, the Conractor agrees to deliver, with the reimbursenent voucher covering such charges or as Inay be otherwise specified within two years fter reimbursement of charges covered by Any such voucher, to such representative as nay be designated for that purpose through The Contracting Officer, such documentary vidence in support of transportation costs is may be required by the Comptroller General or any of his duly authorized representatives.

(4) Except for documentary evidence deivered to the Government pursuant to subparagraph (3) above, the Contractor shall preserve and make available his records (1) until expiration of three years after final payment under this contract or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier, and (ii) for such longer pepriod, if any, as is required by applicable statutes, by any other clause of this con-tract, or by (A) or (B) below:

(A) If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting settlement.

(B) Records which relate to (1) appeals under the Disputes clause of this contract, (ii) litigation or the settlement of claims arising out of the performance of this contract, or (iii) costs and expenses of this contract as to which exception has been taken by the Comptroller General, Secretary of the Interior, or the Contracting Officer, or any of their duly authorized representatives, shall be retained by the Contractor until such appeals, litigation, claims, or exceptions have been disposed of.

(5) Except for documentary evidence delivered pursuant to subparagraph (3) above, and the records described in subparagraph (4) (B) above, the Contractor may in fulfillment of his obligation to retain his records as required by this clause substitute photographs, microphotographs, or other authentic reproductions of such records, after the expiration of two years following the last day of the month of reimbursement to the Contractor of the invoice or voucher to which such records relate, unless a shorter period is authorized by the Contracting Officer with the concurrence of the Comptroller General or his duly authorized representative.

(6) The provisions of this paragraph (a), including this subparagraph (6), shall be applicable to and included in each subcontract hereunder which is on a cost, cost-plusa-fixed-fee, time-and-material or labor-hours basis.

(b) The Contractor further agrees to include in each of his subcontracts hereunder, other than those set forth in subparagraph (a) (6) above, a provision to the effect that the subcontractor agrees that the Comp

troller General, the Secretary of the Interior, and the Contracting Officer, or any of their duly authorized representatives, shall, until the expiration of three years after final payment under the subcontract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractors, involving transactions relating to the subcontractor. The term "subcontractor," as used in this subparagraph (b) only, excludes (i) purchase orders not exceeding $10,000, and (ii) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

[39 FR 15399, May 3, 1974, as amended at 41 FR 5283, Feb. 5, 1976]

§ 14-63.104-2 Audit of contract modifications.

The following clause shall be included in all contracts where the cost to the Government is estimated to exceed $100,000, except those listed in § 14-63.103:

AUDIT OF MODIFICATIONS

The "Examination of Records of Contract Modifications" clause contained in 41 CFR 14-63.104-3 shall be included in every document modifying the price to the Government when the pricing of any modification to a formally advertised or negotiated contract (whether or not cost or pricing data was required under the initial contract) involves aggregate increases and/or decreases, plus applicable profits, in excess of $100,000. § 14-63.104-3

Examination of records of contract modifications.

The following clause is prescribed for use in contract modifications involving aggregate increases and/or decreases plus applicable profits in excess of $100,000 in accordance with the Audit of Modifications clause in § 14-63.104-2:

EXAMINATION OF RECORDS OF CONTRACT
MODIFICATIONS

(a) For the purpose of verifying that the cost or pricing data submitted in conjunction with this contract modification were accurate, complete and current, the Secretary and the Contracting Officer or any of their authorized representatives, shall, until the expiration of 3 years from the date of final payment under the contract of which this modification is a part, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20) whichever expires earlier, have the right to examine those books, records, documents, papers and other supporting data which involve transactions related to this modification or which will permit ade

Action upon receipt of

quate evaluation of the cost or pricing data submitted, along with the computations and projections used therein.

(b) If the contract of which this modification is a part is completely or partially terminated and the work so terminated is included in this modification the records relating thereto shall be preserved and made available for 3 years from the date of any resulting final settlement.

(c) If the records concerning this modification relate to (1) appeals under the contract "Disputes" clauses, (2) litigation or settlement of claims arising out of the performance of the contract, or (3) costs and expenses of this contract as to which the Contracting Officer or his authorized representative have taken exception, they shall be retained by the Contractor until such appeals, litigation, claims, or exceptions have been disposed of.

[39 FR 15399, May 3, 1974, as amended at 41 FR 5283, Feb. 5, 1976]

§ 14-63.105 Payments under contracts subject to audit.

§ 14-63.105-1 Submission and processing of invoices or vouchers.

(a) Contractors shall be required to submit invoices or vouchers as directed by the contract provisions. The processing of invoices or vouchers prior to payment for work or services rendered shall include a review by the contracting officer, or his designated representative, to determine that the nature of items and amounts claimed are in consonance with the contract terms, represent prudent business transactions, and are within any stipulated contractual limitations. If the contractor has not deducted from his claim amounts which are questionable or which are required to be withheld, the contracting officer shall make the required deduction, except as provided in § 14-63.105-2.

(b) Provisional approval by the contracting officer of any payment, including any specific approval as to the nature or amount of a cost shall be noted on (or attached to) the invoice or voucher (see, for example, § 1-15.107 of this title regarding advance understandings on particular cost items). The invoice or voucher shall be forwarded to the appropriate accounting center and retained therein after certification and scheduling to a disbursing office for payment.

§ 14-63.105-2 an audit report.

Audit reports shall be furnished to the contracting officer. Upon receipt of an audit report, the contracting officer shall, pursuant to contract terms, determine the allowability of all costs covered by audit giving full consideration to the auditor's recommendations. Where the contracting officer is in doubt or questions the recommendations of the auditor, deductions need not be made from invoices or vouchers for provisional payments. The contracting officer in such cases, however, shall confer with the auditor and other appropriate Government personnel (such as a price specialist or legal counsel) to determine what further action should be taken regarding the items of cost in question. If the contracting officer disagrees with the audit recommendations, the contracting officer shall prepare a statement for the contract file to support and justify his decision and for informational purposes shall forward a copy of such statement to the Office of Audit and Investigation. The contracting officer shall also furnish a written notice to the Office of Audit and Investigation stating the action taken to recover questioned costs in which the contracting officer concurs with the audit recommendations. Such notices, as well as copies of statements pertaining to non-concurrence with audit recommendations, shall be forwarded to the Office of Audit and Investigation within 90 calendar days following issuance of the corresponding audit reports. (See also § 13.811 of this title.)

[39 FR 15399, May 3, 1974, as amended at 40 FR 10468, Mar. 6, 1975]

§ 14-63.105-3 Suspensions

and disapprovals of amounts claimed. The contracting officer shall notify the appropriate certifying officer in writing when amounts claimed for payment are (a) suspended tentatively, (b) disapproved as not being allowable according to contract terms, or (c) not reasonably incident or allowable to performance of the contract. Such notice by the contracting officer shall be the basis for the issuance by the certifying officer of a statement to be attached to each copy of the invoice or voucher from which the deduction has been made, explaining the reasons for the deduction.

Page

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248

249

256

4H-1.009

4H-1.009-2

Subpart

4H-1.205

4H-1.206

4H-1.270

14H-1.270-1

Applicability.
Issuance.

Code arrangement.
Publication.

Arrangement.

General plan.
Numbering.

Citation.

Agency implementation.

Deviation.

Procedure.

14H-1.2-Definition of Terms
Procuring activity.

Head of the procuring activity.
Definitions and terms pertain-
ing to contracts with Indian
tribes.

Reservation program. 14H-1.270-2 Indian reservation.

14H-1.270-3 Indian tribe.

14H-1.270-4 Indian tribal contractor.

Termination of designation.

14H-1.404-4 Assignment of duties to con

14H-1.451

tracting officers.

Delegation and redelegation of

authority and designation of contracting officers.

14H-1.451-2 Designation of contracting of

ficer positions.

14H-1.451-6 Limitation of contracting offcer authority.

AUTHORITY: The provisions of this Part 14H-1 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 14H-1 appear at 34 F.R. 13659, Aug. 26, 1969, unless otherwise noted.

§ 14H-1.000 Scope of part.

(a) This part establishes a system for the codification and publication of policies and procedures of the Bureau of Indian Affairs (Bureau) regulations which implement, supplement or deviate from the Federal Procurement Regulations (FPR) and Interior Procurement Regulations (IPR), when appropriate.

(b) The Federal Procurement Regulations are published as Chapter 1 of this

title. The Interior Procurement Regulations which implement and supplement the FPR are published as Chapter 14 of this title. The Bureau Procurement Regulations which implement and supplement the FPR and IPR are published as Chapter 14H of this title. It is the basic policy of the Bureau to apply the Federal Procurement Regulations and the Interior Procurement Regulations. Thus, as to most elements of the procurement process, substantive guidelines will be found by reference to those regulations in the order mentioned.

Subpart 14H-1.0-Regulation System § 14H-1.001 Scope of subpart.

This subpart establishes the Bureau of Indian Affairs Procurement Regulations (BIAPR) and states their relationship to the Federal Procurement Regulations (FPR) and the Interior Procurement Regulations (IPR).

BIAPR apply to all procurement activities of the Bureau to the extent indicated, unless otherwise provided by law. § 14H-1.006 Issuance.

§ 14H-1.006–1 Code arrangement.

BIAPR are issued in the Code of Federal Regulations as Chapter 14H of Title 41, Public Contracts and Property Management. BIAPR contain the alphabetical letter "H" which identifies the Bureau and which immediately follows the Code (14) which identifies the Department as illustrated in IPR.

§ 14H-1.006-2 Publication.

BIAPR will be published in the FEDERAL REGISTER and in separate looseleaf form on salmon colored paper.

§ 14H-1.007 Arrangement.

§ 14H-1.007-1 General plan.

The general plan, numbering system, and nomenclature used in FPR and IPR, which conform to the FEDERAL REGISTER standards, are adhered to in BIAPR. § 14H-1.007-2 Numbering.

For ease in identification, the numbering system and part, subpart, and section titles used in FPR, and in IPR are also used in BLAPR.

§ 14H-1.007-3 Citation.

Using this section as an example BIAPR should be cited as, "BIAPR 14H-1.007-3." When referred to formally in official documents such as legal briefs, the section should be cited as “41 CFR 14H-1.007-3."

§ 14H-1.008 Agency implementation.

(a) It is Bureau policy to utilize FPR and IPR to the fullest extent possible in the conduct of all procurement matters. The Bureau will conform to this policy by avoiding implementation, supplementstion, or deviation from FPR and IPR unless compelling reasons exist for doing so.

(b) FPR and IPR shall be applicable as issued unless implemented, supplemented, or deviated from in BIAPR.

(c) Matters which pertain to procurement but are primarily for internal guidance whether or not related to the material in FPR and IPR, will be issued as Bureau of Indian Affairs Procurement Instructions (BIAPI). To simplify usage of BIAPI in conjunction with FPR, IPR and BIAPR the same system and format used for those regulations will be followed. A yellow colored paper will be used for BIAPI.

§ 14H-1.009 Deviation. § 14H-1.009-2

Procedure.

Deviations from FPR and IPR by the Bureau will be kept to a minimum and controlled as follows:

(a) Requests for approval of deviations may be submitted by contracting officers to the Commissioner. The requests shall cite the specific part of FPR, or IPR, from which it is desired to deviate, shall set forth the nature of the deviations, and shall give the reasons for the action requested. Requests considered meritorious will be submitted for approval as provided for in IPR. No deviation shall be effective until approved.

bpart 14H-1.2-Definition of Terms 4H-1.205 Procuring activity.

Procuring activity" means the Buu of Indian Affairs in which authority contract for the procurement of peral property, nonpersonal services, and nstruction is vested.

14H-1.206 Head of the procuring activity.

'Head of the procuring activity" eans the Commissioner.

14H-1.270 Definitions and terms pertaining to contracts with Indian tribes.

) FR 12502, Mar. 19, 1975]

14H-1.270-1 Reservation program. "Reservation program” means all or y part of a program for operating resvation activities that could be perrmed by an Indian tribe as determined the Commissioner and/or authorized law.

0 FR 12502, Mar. 19, 1975]

14H-1.270-2

Indian reservation.

an Indian tribe, or any organization legally established by one or more Indian tribal governing bodies for the benefit of their respective members which is controlled and operated by such Indian tribal governing bodies. With respect to any reservation program, such term refers to an Indian tribe or other organization which represents the particular Indian reservation where such reservation program is located.

[40 FR 12502, Mar. 19, 1975]

Subpart 14H-1.3-General Policies § 14H-1.302 Procurement sources. § 14H-1.302-3 Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employees.

Contracting Officers shall refer all proposed contracts with Government employees or business concerns substantially owned or controlled by Government employees to the Commissioner. Approval of the Assistant Secretary for Administration will be requested in those instances where the Commissioner determines it would be in the Government's interest to enter into such a contract.

Subpart 14H-1.4-Procurement
Responsibility and Authority

§ 14H-1.402 Authority of contracting officers.

The authority under this section shall be exercised in conformity with § 14H-1.451.

§ 14H-1.404 Selection, designation, and termination of designation of contracting officers.

The authority under this section shall be exercised in conformity with § 14H-1.451.

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