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Subpart 6–1.3—General Policies sometimes true that in a nonpersonal

service contract the contractor is an $ 6–1.302 Procurement sources.

agent of the Government rather than an

independent contractor. It is imperative $ 6-1.302-1 General.

that the services to be procured by means (a) Use of the Federal Prison Indus

of nonpersonal service contracts be

Extries as a source of supply is not re

clearly and accurately described. quired in connection with supplies which

amples of the Schedule of Supplies and are both procured and used outside the

Services containing illustrative purchase United States. In addition, pursuant to

descriptions for some typical nonper

clearance Federal Prison Industries

sonal services are contained in Subpart

6–16.9. number C-99360 use of the Federal Prison Industries as a source of supply is

§ 6–1.311 Priorities, allocations, and alnot required in connection with supplies

lotments. which are procured inside the United States by posts for use outside the United

Section 1-1.311 is not to be applied to

procurement by the Department outside States where the aggregate amount in

the United States. volved in a transaction does not exceed $2,500. Use of the other sources of supply

§ 6–1.350 Procurement by Posts within

the United States. referred to in § 1-1.302-1(a) is not required in connection with supplies which (a) Posts shall make no procurement are procured either inside or outside the within the United States except: United States for use outside the United (1) Procurement which can be efStates.

fected from contracts of Government (b) Notwithstanding $ 6–1.302–1(a), in agencies, such as Federal Supply Schedobtaining supplies or services to be ule contracts, or used outside the United States the (2) Procurement which can be effected sources of supply listed in § 1-1.302–1(a) under the small purchase procedure set shall be used wherever, in the judgment forth in Subpart 1-3.6. Subpart 1-3.6 of the procurement officer, requirements

prescribes policies and procedures for the can be met satisfactorily on a timely

purchasing of supplies and nonpersonal basis by using such sources and the use

services from commercial sources when of these sources is prudent and otherwise

the aggregate amount involved in any in the national interest.

one transaction does not exceed $2,500. [29 F.R. 12070, Aug. 25, 1964)

For this purpose, the aggregate amount

includes the cost of the procurement $ 6–1.302–2 Production, research and

items and related expenditures, such as development pools.

freight and packing, which are covered Section 1-1.302–2 is not applicable to by the purchase order. procurement by the Department outside (b) In accomplishing procurement the United States. Defense Production under section (a) above, posts shall be Act of 1950 (50 App. U.S.C. 2163).

subject to the following additional $ 6–1.307 General requirements.

limitations:

(1) Due to budgetary limitations, supMany services needed by the Govern- plies in the nature of motorized transment could be obtained by means of portation equipment, such as, but not either personal service or nonpersonal limited to, automobiles, jeeps, trucks, service contracts. The distinction be

motorcycles, and boats shall not be protween the two is always one that rests

cured without the prior written approval on balancing all the factors in any in- of the Department. dividual case. Examples of the kinds of (2) The Foreign Service Procurement determinations that must be made to Handbook provides that certain supplies distinguish a personal service from a may only be obtained by requisition from nonpersonal service contract are found the Department. Such supplies shall not on page 2 of the Department's Foreign be procured from any other source. Affairs Manual Circular 40 dated Novem- (c) Material contained in 6-5.5006–1e ber 29, 1961. In a personal service con- may be used as a guide in preparing tract, the contractor is always an agent packing, shipping and invoicing instrucof the Government and never an inde- tions to Stateside suppliers, insofar as pendent contractor. However, it is it is applicable.

§ 6–1.351 Numbering written contracts. $ 6–1.351-1 Policy.

All written contracts shall be numbered. $ 6–1.351-2 Definitions.

(a) "Written contract." For the purpose of this section, the term “written contract" means a contract made in writing and signed by both of the parties thereto. Such a contract may be a single document bearing the signatures of both parties or a group of documents properly signed. For example, when competitive bids are obtained, the written contract will normally consist of an invitation to bid issued by a contracting officer, an offer signed by the supplier and an acceptance of offer signed by a contracting officer,

(b) "Contract symbol number." For the purposes of this section, the term “contract symbol number” means the number assigned to each post for use in designating written contracts used for procurement of that post. When assigning a number to a written contract, the contract symbol number of the post for which the procurement has been effected shall be used, not the contract symbol number of the post, such as a fiscal servicing post, where the written contract may actually have been prepared or executed.

(b) FBO series. The FBO series shall contain all post issued written contracts utilizing Office of Foreign Buildings funds. Also real estate leases utilizing Office of Foreign Buildings funds or other funds may be numbered in this series as required under the regulations governing leasing set forth in 6 FAM 700. The number for a contract in the post FBO series shall be constructed as follows:

(1) The capital letter S, signifying the Department of State;

(2) The contract symbol number of the post for which the procurement has been made;

(3) The capital letters FBO preceded by a dash, signifying the Office of Foreign Buildings; and

(4) A number preceded by a dash to be assigned to each contract in the FBO series. For example, the third contract in the FBO series for Accra would be numbered S424-FBO-3.

(c) Department's Washington series. The Department's Washington series shall contain all written contracts for procurement awarded by the Department from an office located within the United States except those contracts described in paragraph (d) of this subsection. The number for a contract in the Department's Washington series shall be constructed as follows:

(1) The capital letters SCC;

(2) A number preceded by a dash to be assigned to each contract in the Department's Washington series. For example, the third contract in the Department's Washington series would be numbered SCC-3.

(d) Contracts for other federal agencies. Any contracts made for other federal agencies shall be numbered in accordance with the instructions of the agency concerned.

(e) Reopening of post. If a post is closed and subsequently reopened, numbers shall be assigned using the same contract symbol number and consecutive series used before the post was closed, commencing with the next consecutive number following the last number used prior to the closing of the post.

(f) Contracts composed of several documents. If the contract is composed of more than one document, all the docu

$ 6-1.351-3 Numbering.

(a) Post series. The post series shall contain all written contracts for procurement for a post except those contracts described in paragraphs (b) and (d) of this subsection. The number for a contract in the post series shall be constructed as follows:

(1) The capital letter S, signifying the Department of State;

(2) The contract symbol number of the post for which the procurement has been made;

(3) The small letters fa preceded by a dash, signifying foreign administration; and

(4) A number preceded by a dash to be assigned to each contract in the post series. For example, the third contract in the post series for Accra would be numbered S424-fa-3.

ments composing the contract shall be (1) The signed original and one signed secured together and assigned one con- copy together with the original and one tract number.

copy of the SF-1036 (see 8 $ 6–2.407–7 and (g) Contract modifications. Contract 6–3.250) shall be forwarded to the Demodifications shall be given the same partment by operations memorandum, number as the existing contract, fol- Subject: Buildings. The transmittal lowed by the words “Amendment No.”, shall specify the appropriation against and a number assigned consecutively be- which the contract will be paid and shall ginning with the number “1” for each refer to the Departmental authority, if contract.

any, by which the contract was entered

into. § 6–1.35144 Recording numbers.

(2) One signed copy shall be furnished Each contract number and the nature to the contractor. of the contract to which it is assigned (3) One signed copy shall be retained shall be recorded promptly in consecu- in the contract file. tive numerical order (within the appro- (c) Department's Washington series. priate series) in a contract record book

Written contracts numbered in the Deor a contract register. One such record partment's Washington series under book or register shall be maintained by $ 6–1.351-3(c) shall be distributed as each post and one shall be maintained follows: by the Division of Supply and Transpor- (1) The signed original together with tation Management in Washington. the original of the SF-1036, if required $ 6–1.352 Distribution of written con

shall be forwarded to the Department's tracts.

Office of Finance.

(2) One signed copy shall be furnished $ 6–1.352-1 Definition.

to the contractor. "Written contract.” For the purpose (3) One signed copy shall be retained of this section, the term "written con- in the contract file. tract” means a contract made in writing (d) Where the law of a foreign counand signed by both of the parties there- try requires that the original of a writto. Such a contract may be a single ten contract be retained in the country, document bearing the signatures of both a signed copy shall be forwarded to the parties or a group of documents prop- Department in lieu of the original. erly signed. For example, when com- [29 F.R. 12070, Aug. 25, 1964] petitive bids are obtained, the written contract will normally consist of an invitation to bid issued by a contracting $ 6–1.353 English language transla. officer, an offer signed by the supplier

tions. and an acceptance of offer signed by a

If any part of a contract is not written contracting officer.

in the English language, an accurate

translation of such part shall be at86-1.352–2 Distribution.

tached to the original and each copy of (a) Post series. Written contracts the contract whenever such action is numbered in the post series under determined to be feasible by the con$ 6–1.351-3(a) shall be distributed as

tracting officer. follows:

§ 6–1.354 Procurement from (1) The signed original together with the original of the SF-1036 (see

ployees of the Government. $$ 6-2.407-7 and 6-3.250) shall be for- No procurement of supplies, equipwarded to the Department under cover ment or services may be made from any of an operations memorandum, Subject: employee of the Government through Finance.

contract, purchase order or any other (2) One signed copy shall be furnished method of procurement, except where to the contractor whenever feasible.

a service or product is not otherwise (3) One signed copy shall be retained obtainable and such a determination is in the contract file.

made in writing by the principal officer (b) FBO series. Written contracts or the Chief of the Department's Divinumbered in the FBO series under sion of Supply and Transportation Man$ 6–1.351–3(b) shall be distributed as agement and retained as a part of the follows:

procurement file.

em

(c) Should the Contract Board approve the recommendation, the findings shall be forwarded through the Legal Adviser of the Department to the Assistant Secretary of State for Adminis. tration for final decision and return to the Board.

Subpart 6–1.6—Debarred and

Ineligible Bidders $ 6–1.601 Purpose.

This subpart prescribes the establishment, use and maintenance of the Department of State Debarred and Ineligible Bidders List. $ 6–1.602 Establishment and mainte

nance of a list of firms and individ

uals debarred or ineligible. (a) In line with the provisions of section 1-1.602 the Department shall maintain a “Debarred and Ineligible Bidders List” issued semi-annually, and the list shall be kept current by issuance of notices of additions and deletions. This list shall be furnished to procurement personnel operating within and outside the United States.

(b) The cover or first sheet of this unclassified list will bear the notation: "This Document is for Official Use Only. It must be kept in a safe place inaccessible to unauthorized persons." $ 6-1.606 Department of State proce

dure for administrative debarment. (a) Administrative debarment may be initiated by any Contracting Officer of the Department.

(b) The recommendation for debarment together with a statement of the causes or conditions (section 1-1.605), the suggested term of debarment and documentary evidence to support the recommendation will be submitted to the Chief, Division of Supply and Transportation Management of the Department for transmittal to the Department's Contract rd.

Subpart 6-1.8—Labor Surplus Area

Concerns $ 6–1.800 Scope of subpart.

Subpart 1-1.8 is not applicable to procurement by the Department outside the United States. (32A CFR Ch, I; 25 F.R. 5283)

Subpart 6–1.9—Reporting Possible

Anti-Trust Violations $ 6–1.901 General.

Reports of possible anti-trust violations shall be forwarded by contracting officers of the Department to the Division of Supply and Transportation Management in Washington. These reports shall include the documents and additional information required pursuant to sections 1-1.902 and 1-1.903.

PART 6-2-PROCUREMENT BY § 6–2.202–50 Grouping of items in a FORMAL ADVERTISING

single invitation for bids.

(a) It is basic Government policy that Subpart 6-2.2-Solicitation of Bids

procurement shall be effected by formal Sec.

advertising, except as provided in Sub6-2.201 Preparation of invitations for bids.

part 1-3.2. Consequently, requirements 6–2.202 Miscellaneous rules for solicita- aggregating more than $2,500 shall not be tion of bids.

broken down into several purchases or 6–2.202-1 Bidding time.

contracts of less than $2,500 merely for 6–2.202-50 Grouping of items in a single the purpose of utilizing negotiation. See invitation for bids.

§ 1-3.602. In order to minimize the ad6–2.202–51 Grouping of items to facilitate

ministrative costs to the Government award. 6-2.203 Methods of soliciting bids.

adherent in procurement by formal ad6–2.203–1 Mailing or delivering to pro

vertising, and still gain the benefits of spective bidders.

formal advertising to the greatest extent 6–2.203–3 Publicity in newspapers and

possible, each invitation for bids shall trade journals.

include all items suitable for procure6–2.205 Bidders mailing lists.

ment by the procuring activity at the 6-2.205-1 Establishment of lists.

time the invitation is being prepared Subpart 6–2.4-Opening of Bids and Award of

which are customarily provided by the Contract

prospective bidders. 6–2.402 Opening of bids.

(b) For example, hardware products, 6-2.404 Rejection of bids.

spare parts for vehicles, and office sup6-2.406 Mistakes in bids.

plies would not be listed on a single in6–2.406-2 Apparent clerical mistakes. 6-2.407-5 Other factors to be considered.

vitation, unless in a particular circum6-2.407-7 Statement and certificate of

stance the prospective bidders customaraward.

ily handled items from all three of these 6–2.407-8 Protests against award.

categories. But a wide variety of items

in any one of these categories could AUTHORITY: The provisions of this part 6-2 issued under 63 Stat. 111; 5 U.S.C. 1510,

normally be listed on a single invitation 22 U.S.C. 811,

because prospective bidders would

normally carry a full line of the products SOURCE: The provisions of this part 6-2

within their specialized field. contained in Dept. Reg. 108.510, 29 F.R. 12071, Aug. 25, 1964.

§ 6–2.202–51 Grouping of items to faSubpart 6-2.2-Solicitation of Bids

cilitate award. § 6–2.201 Preparation of invitations for

Invitations may provide that awards bids.

will be made by items, or by groups of Forms used in inviting bids for pro

items. Grouping inexpensive items has

the following advantages: curement by the Department outside the United States are prescribed in Subpart

(a) By reducing the number of awards

which must be made by the Government 6–16.1. (a) The place selected for the opening

it eliminates unwarranted administra

tive expense. of bids shall be, if possible, large enough to permit the attendance of any bidder

(b) By making larger awards possible, who desires to be present at the opening.

it encourages prospective bidders to bid

at prices more favorable to the Govern(19) Section 1-2.201(a) (19) is not ap- ment. plicable to procurement by the Department outside the United States. Walsh-Healey Public Contracts Act (41 U.S.C. 38).

$ 6–2.203 Methods of soliciting bids. $ 6-2.202 Miscellaneous rules for solici.

8 6–2.203-1 Mailing or delivering to tation of bids.

prospective bidders. 8 6–2.202-1

It is highly desirable that envelopes Bidding time.

containing the name and address of the Any request for a procurement which issuing activity, and the date, hour, and does not provide for the minimum place of opening of the bids, be enclosed bidding time required under FPR 1- with invitations, and that bidders be 2.202–1(c) must be justified in writing requested to use such envelopes for suband approved by the Contracting Officer. mission of bids.

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