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CHAPTER 6-DEPARTMENT OF STATE

Part
6-1 General.
6-2 Procurement by formal advertising.
645 Special and directed sources.
6-6 Foreign purchases.
6-7 Contract clauses.
6–11 Federal, State, and local taxes.
6-60 Contract appeal regulations.

33-622 0-65-10

PART 6–1–GENERAL

Subpart 6-1.1- Introduction

AUTHORITY: The provisions of this part 6-1 issued under 63 Stat. 111, as amended, 63 Stat. 377, as amended.

SOURCE: The provisions of this part 6-1 appear in Dept. Reg. 108.497, 28 F.R. 7779, July 31, 1963, unless otherwise noted.

Sec. 6-1.101 Scope of subpart. 6-1.102 Purpose. 6-1.103 Authority. 6-1.104 Relationship of the DOSPR to the

FPR. 6-1.105 Applicability. 6-1.106 Exclusions. 6-1.107 Issuance. 6-1.108 Arrangement. 6-1.108-1 General plan. 6-1.108–2 Numbering. 6-1.108-3 Citation. 6-1.109 Control of deviations.

Subpart 6–1.2-Definition of Terms 6–1.201 Definitions. 6-1.250 Government. 6-1.251 Department. 6-1.252 Post. 6-1.253 Local procurement. 6-1.254 Third country procurement. 6–1.255 Central supply post. 6-1.256 Constituent supply post. 6-1.257 Supplies. 6-1.258 Services.

Subpart 6–1.3-General Policies 6-1.302 Procurement sources. 6-1.302-1 General. 6-1.302–2 Production, research and develop

ment pools. 6-1.307 General requirements. 6-1.311 Priorities, allocations and allot

ments. 6-1.350 Procurement by Posts within the

United States. 6-1.351 Numbering written contracts. 6–1.351-1 Policy. 6-1.351-2 Definitions. 6-1.351–3 Numbering. 6–1.351-4 Recording numbers. 6-1.352 Distribution of written contracts. 6-1.352-1 Definition. 6-1.352-2 Distribution. 6-1.353 English language translations. 6-1.354 Procurement from employees of

the Government. Subpart 6–1.6-Debarred and Ineligible Bidders 6-1.601 Purpose. 6-1.602 Establishment and maintenance of

a list of firms and individuals

debarred or ineligible. 6-1.606 Department of State procedure for

administrative debarment. Subpart 6-1.8—Labor Surplus Area Concerns 6–1.800 Scope of subpart. Subpart 6-1.9—Reporting Possible Anti-Trust

Violations 6-1.901 General

Subpart 6–1.1- Introduction $ 6–1.101 Scope of subpart.

This subpart describes the Department of State Procurement Regulations in terms of establishment, relationship to the Federal Procurement Regulations (FPR), arrangement, applicability, and deviation procedure. Procurement procedures are integrated with the regulations so as to provide a complete, logical and comprehensive publication. $ 6--1.102 Purpose.

This subpart establishes the Department of State Procurement Regulations (DOSPR) as Chapter 6 of the Federal Procurement Regulations System. $ 6–1.103 Authority.

The DOSPR are prescribed by the Secretary of State pursuant to the Act of May 26, 1949 (63 Stat. 111), as amended, and the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended. $ 6–1.104 Relationship of the DOSPR

to the FPR. The regulations in the DOSPR implement, supplement, and in some instances deviate from the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Deviating material is defined in section 1-1.009. Supplementing material is that for which there is no counterpart in the FPR. $ 6-1.105 Applicability.

(a) The DOSPR and the FPR apply to all procurement of personal property and nonpersonal services (including construction) by the Department of State both within and outside the United States except for those operations which have exemption from the Federal Property and Administrative Services Act of 1949, as amended.

(b) The DOSPR and FPR do not apply to the acquisition or leasing of real property.

(c) The FPR has been edited for use by the Foreign Service and Department of State. Those parts or subparts which are not applicable to procurement outside the United States have been removed from the manuals distributed to the Foreign Service posts. Other portions of the FPR not applicable to procurement outside the United States have been surrounded by black lines. These portions are applicable to procurement within the United States by Foreign Service posts. [29 F.R. 12070, Aug. 25, 1964)

$ 6–1.106

Exclusions. Certain Department of State policies and procedures which come within the scope of this chapter nevertheless may be excluded from the DOSPR. These exclusions include the following categories:

(a) Subject matter which bears a security classification.

(b) Policy or procedure which is expected to be effective for a period of less than six months.

(C) Policy or procedure which is being instituted on an experimental basis for a reasonable period. $ 6–1.107 Issuance.

Regulations contained in the DOSPR deemed necessary for business concerns, and others properly interested, to understand basic and significant Department of State procurement policies are published in the Code of Federal Regulations (CFR) as Chapter 6 of Title 41, Public Contracts, and are published in issues of the FEDERAL REGISTER and in separate loose-leaf volume form. $ 6–1.108 Arrangement. $ 6–1.108–1 General plan.

The DOSPR conform with the style and arrangement of the FPR. $ 6–1.108–2 Numbering.

Material in the DOSPR which implements or deviates from related material in the FPR is captioned and numbered to correspond with such material in the FPR, except that while the first digit of the FPR number is 1, the first digit of the DOSPR number is 6. Material in the DOSPR which supplements the FPR will be assigned numbers 50 or above at the part, subpart, section, or subsection at which there is no counterpart ma

terial in the FPR. For an example, see section 6–1.350. Where material in the FPR requires no implementation or deviation there is no corresponding number in the DOSPR. Thus, there are gaps in the DOSPR sequence of numbers where the FPR as written are applicable to Department of State procurement. S 6–1.108–3 Citation.

The DOSPR will be cited in the same manner as the FPR are cited. Thus, this section, when referred to in divisions of the FPR System, should be cited as "section 6–1.108–3 of this chapter.” When this section is referred to formally in official documents, such as legal briefs, it should be cited as “41 CFR 6–1.108–3." Any section of the DOSPR may be informally identified, for purposes of brevity, as “DOSPR" followed by the section number, such as “DOSPR 6–1.108–3." $ 6–1.109 Control of deviations.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR System shall be kept to a minimum and controlled as follows:

(a) Requests for deviations from the FPR and from the DOSPR, in individual cases and in classes of cases, shall be forwarded to the Department by operations memorandum, subject: Supplies and Equipment or Buildings, as appropriate. A statement setting forth the nature of the deviation and the reasons for the special action sought shall be included with the request, and a copy thereof shall be included in the contract file.

(b) Deviations from the FPR and the DOSPR in individual cases, and from the DOSPR in classes of cases, may be authorized by the Deputy Assistant Secretary for Operations or his designee, or the Deputy Assistant Secretary for Foreign Buildings or his designee, as appropriate.

(c) Deviations from the FPR in classes of cases will be considered jointly by the Department of State and the General Services Administration (GSA) unless, in the considered judgment of the Assistant Secretary for Administration and with due regard to the objective of uniformity, circumstances preclude such effort. In such case the Assistant Secretary for Administration will approve such class deviations as he determines necessary and will notify GSA of such action.

Subpart 6–1.2-Definition of Terms $ 6–1.201 Definitions.

For the purpose of this chapter, and unless otherwise indicated, the following terms have the meanings set forth in this subpart. $ 6–1.250 Government.

"Government” means the Government of the United States of America unless specifically stated otherwise. $ 6–1.251 Department.

“Department” means the Department of State, including all of its activities, wherever located. $ 6–1.252 Post.

“Post” means a diplomatic or consular post of the United States of America. $ 6–1.253 Local procurement.

"Local procurement” means procurement by a post in the country in which the post is located. $ 6–1.254 Third country procurement.

"Third country procurement” means procurement by a post in a country other than the country in which the post is located and other than the United States. $ 6–1.255 Central supply post.

"Central supply post” means a post designated to:

(a) Assist and supervise constituent supply posts in the acquisition of personal property and nonpersonal services, and/or

(b) Accomplish its own acquisition of personal property and nonpersonal services without supervision in connection therewith from another post. $ 6–1.256 Constituent supply post.

“Constituent supply post” means any post other than a central supply post. $ 6–1.257 Supplies.

"Supplies" means personal property, including equipment. § 6–1.258 Services.

"Services” means nonpersonal services.

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