(a) Use of the Federal Prison Industries as a source of supply is not required in connection with supplies which are both procured and used outside the United States. In addition, pursuant to Federal Prison Industries clearance number C-99360 use of the Federal Prison Industries as a source of supply is not required in connection with supplies which are procured inside the United States by posts for use outside the United States where the aggregate amount involved in a transaction does not exceed $2,500. Use of the other sources of supply referred to in § 1-1.302-1(a) is not required in connection with supplies which are procured either inside or outside the United States for use outside the United States. (b) Notwithstanding § 6-1.302-1(a), in obtaining supplies or services to be used outside the United States the sources of supply listed in § 1-1.302-1(a) shall be used wherever, in the judgment of the procurement officer, requirements can be met satisfactorily on a timely basis by using such sources and the use of these sources is prudent and otherwise in the national interest. [29 F.R. 12070, Aug. 25, 1964] § 6-1.302-2 Production, research development pools. and Section 1-1.302-2 is not applicable to procurement by the Department outside the United States. Defense Production Act of 1950 (50 App. U.S.C. 2163). § 6-1.307 General requirements. Many services needed by the Government could be obtained by means of either personal service or nonpersonal service contracts. The distinction between the two is always one that rests on balancing all the factors in any individual case. Examples of the kinds of determinations that must be made to distinguish a personal service from a nonpersonal service contract are found on page 2 of the Department's Foreign Affairs Manual Circular 40 dated November 29, 1961. In a personal service contract, the contractor is always an agent of the Government and never an independent contractor. However, it is Section 1-1.311 is not to be applied to procurement by the Department outside the United States. § 6-1.350 Procurement by Posts within the United States. (a) Posts shall make no procurement within the United States except: (1) Procurement which can be effected from contracts of Government agencies, such as Federal Supply Schedule contracts, or (2) Procurement which can be effected under the small purchase procedure set forth in Subpart 1-3.6. Subpart 1-3.6 prescribes policies and procedures for the purchasing of supplies and nonpersonal services from commercial sources when the aggregate amount involved in any one transaction does not exceed $2,500. For this purpose, the aggregate amount includes the cost of the procurement items and related expenditures, such as freight and packing, which are covered by the purchase order. (b) In accomplishing procurement under section (a) above, posts shall be subject to the following additional limitations: (1) Due to budgetary limitations, supplies in the nature of motorized transportation equipment, such as, but not limited to, automobiles, jeeps, trucks, motorcycles, and boats shall not be procured without the prior written approval of the Department. (2) The Foreign Service Procurement Handbook provides that certain supplies may only be obtained by requisition from the Department. Such supplies shall not be procured from any other source. (c) Material contained in 6-5.5006-le may be used as a guide in preparing packing, shipping and invoicing instructions to Stateside suppliers, insofar as it is applicable. (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. (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. (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 ments composing the contract shall be secured together and assigned one contract number. (g) Contract modifications. Contract modifications shall be given the same number as the existing contract, followed by the words "Amendment No.", and a number assigned consecutively beginning with the number "1" for each contract. § 6-1.351-4 Recording numbers. Each contract number and the nature of the contract to which it is assigned shall be recorded promptly in consecutive numerical order (within the appropriate series) in a contract record book or a contract register. One such record book or register shall be maintained by each post and one shall be maintained by the Division of Supply and Transportation Management in Washington. § 6-1.352 Distribution of written con tracts. "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. § 6-1.352-2 Distribution. (a) Post series. Written contracts numbered in the post series under § 6-1.351-3 (a) shall be distributed as follows: (1) The signed original together with the original of the SF-1036 (see §§ 6-2.407-7 and 6-3.250) shall be forwarded to the Department under cover of an operations memorandum, Subject: Finance. (2) One signed copy shall be furnished to the contractor whenever feasible. (3) One signed copy shall be retained in the contract file. (b) FBO series. Written contracts numbered in the FBO series under § 6-1.351-3(b) shall be distributed as follows: (1) The signed original and one signed copy together with the original and one copy of the SF-1036 (see §§ 6-2.407-7 and 6-3.250) shall be forwarded to the Department by operations memorandum, Subject: Buildings. The transmittal shall specify the appropriation against which the contract will be paid and shall refer to the Departmental authority, if any, by which the contract was entered into. (2) One signed copy shall be furnished to the contractor. (3) One signed copy shall be retained in the contract file. (c) Department's Washington series. Written contracts numbered in the Department's Washington series under § 6-1.351-3 (c) shall be distributed as follows: (1) The signed original together with the original of the SF-1036, if required shall be forwarded to the Department's Office of Finance. (2) One signed copy shall be furnished to the contractor. (3) One signed copy shall be retained in the contract file. (d) Where the law of a foreign country requires that the original of a written contract be retained in the country, a signed copy shall be forwarded to the Department in lieu of the original. [29 F.R. 12070, Aug. 25, 1964] This subpart prescribes the establishment, use and maintenance of the Department of State Debarred and Ineligible Bidders List. § 6-1.602 Establishment and maintenance of a list of firms and individuals 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 procedure 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 Board. Forms used in inviting bids for procurement by the Department outside the United States are prescribed in Subpart 6-16.1. (a) The place selected for the opening of bids shall be, if possible, large enough to permit the attendance of any bidder who desires to be present at the opening. (19) Section 1-2.201 (a) (19) is not applicable to procurement by the Department outside the United States. Walsh-Healey Public Contracts Act (41 U.S.C. 38). § 6-2.202 Miscellaneous rules for solicitation of bids. § 6-2.202-1 Bidding time. Any request for a procurement which does not provide for the minimum bidding time required under FPR 12.202-1(c) must be justified in writing and approved by the Contracting Officer. § 6-2.202-50 Grouping of items in a single invitation for bids. (a) It is basic Government policy that procurement shall be effected by formal advertising, except as provided in Subpart 1-3.2. Consequently, requirements aggregating more than $2,500 shall not be broken down into several purchases or contracts of less than $2,500 merely for the purpose of utilizing negotiation. See § 1-3.602. In order to minimize the administrative costs to the Government adherent in procurement by formal advertising, and still gain the benefits of formal advertising to the greatest extent possible, each invitation for bids shall include all items suitable for procurement by the procuring activity at the time the invitation is being prepared which are customarily provided by the prospective bidders. (b) For example, hardware products, spare parts for vehicles, and office supplies would not be listed on a single invitation, unless in a particular circumstance the prospective bidders customarily handled items from all three of these categories. But a wide variety of items in any one of these categories could normally be listed on a single invitation because prospective bidders would normally carry a full line of the products within their specialized field. § 6-2.202-51 Grouping of items to facilitate award. Invitations may provide that awards will be made by items, or by groups of items. Grouping inexpensive items has the following advantages: (a) By reducing the number of awards which must be made by the Government it eliminates unwarranted administrative expense. (b) By making larger awards possible, it encourages prospective bidders to bid at prices more favorable to the Government. |