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CHAPTER 14—DEPARTMENT OF THE

INTERIOR

Part
14-1 - General...
14-2. Procurement by formal advertising ............
14-3 Procurement by negotiation....
14-4 Special types and methods of procurement .....
14-7 Contract clauses..................
14-9 Patents, data, and copyrights..........
14-10 Bonds and insurance..........
14-11 Federal, State, and local taxes ....
14-16 : Procurement forms .......
14-17 Procurement forms ...........
14-18 Procurement of construction ........
14-19 Transportation......
14-26 Contract modifications ...........
14-30 Contract financing.
14-63 Audit...

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PART 14-1-GENERAL

Sec.
14-1.000 Scope of part.

Subpart 14-1.0–Regulation System 14-1.001 Scope of subpart. 14-1.002 Purpose. 14-1.003 Authority. 14-1.004 Applicability. 14-1.006 Issuance. 14-1.006-1 Code arrangement. 14-1.006-2 Publication. 14-1.007 Arrangement. 14-1.007-1 General plan. 14-1.007-3 Citation. 14-1.008 Agency implementation.

Sec. 14-1.704-1 Business utilization and devel

opment specialists. 14-1.705 Cooperation with the Small Busi

ness Administration. 14-1.705-50 Surety bond guarantee assist

ance. 14-1.706 Procurement set-aside for small

business. 14-1.706-1 General. 14-1.706-2 Review of SBA set-aside propos

als. 14-1.706-5 Total set-asides. 14-1.706-6 Partial set-asides. 14-1.710 Subcontracting with small busi

ness concerns. 14-1.710-2 Small business subcontracting

program.

Subpart 14-1.3-General Policies

Subpart 14-1.8—Labor Surplus Area Concerns 14-1.850 Department of the Interior pro

gram direction and operation.

Subpart 14-1.13—Minority Business Enterprises

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Subpart 14-1.6—Debarred, Suspended and

Ineligible Bidders 14-1.600 Scope of subpart. 14-1.602 Establishment and maintenance

of a list of firms or individuals debarred,

suspended, or declared ineligible. 14-1.603 Treatment to be accorded firms or

individuals in debarred, suspended, or

ineligible status. 14-1.604 Causes and conditions applicable

to determination of debarment by an ex

ecutive agency. 14-1.604-1 Procedural requirements relat

ing to the imposition of debarment. 14-1.605 Suspension of bidders. 14-1.605-1 Causes and conditions under

which executive agencies may suspend

contractors. 14-1.605-4 Notice of suspension. 14-1.606 Agency procedure.

14-1.1300 Scope of subpart. 14-1.1301 Applicability. 14-1.1302 Agency programs. 14-1.1302-1 General 14-1.1302–2 Definitions. 14-1.1302-3 Office of Small and Disadvan

taged Business Utilization. 14-1.1302-4 Office of Inspector General. 14-1.1302-5 Office of the Solicitor. 14-1.1302-6 Assistant Secretaries. 14-1.1302-7 Heads of procuring activities. 14-1.1302-8 Business utilization and devel.

opment specialists. 14-1.1310 Subcontracting with small busi

ness and small disadvantaged business

concerns. 14-1.1350 Small business and small disad

vantaged business vendor sources. 14-1.1351 Reports.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301, unless otherwise noted.

SOURCE: 33 FR 853, Jan. 24, 1968, and 36 FR 15116, Aug. 13, 1971, unless otherwise noted.

8 14-1.000 Scope of part.

This part describes the methods by which the Department of the Interior implements, supplements, and deviates from the Federal Procurement Regulations (FPR). (46 FR 49864, Oct. 8, 1981)

Subpart 14-1.7—Small Business Concerns 14-1.704 Department of the Interior pro

gram direction and operation.

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§ 14-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Department of the Interior Procurement Regulations System.

$ 14-1.002 Purpose.

This subpart establishes the Interior Procurement Regulations (IPR) as Chapter 14 of the Federal Procurement Regulations System (41 CFR Part 14).

8 14-1.006-2 Publication.

(a) IPR and subsidiary procurement regulations of bureaus and offices are published in the daily issue of the FEDERAL REGISTER and in cumulative form in the Code of Federal Regulations. IPR are also issued in separate looseleaf volume form.

(b) Interior Procurement Regulation Directives (IPRD) and subsidiary procurement directives of bureaus and offices are not published in the FEDERAL REGISTER or the Code of Federal Regulations since they contain instructions of interest primarily for internal administrative guidance which do not affect the general public.

§ 14-1.003 Authority.

IPR are issued pursuant to the authority of 5 U.S.C. 301, 40 U.S.C. 486(c), or other authority specifically stated.

8 14-1.007 Arrangement.

$ 14-1.004 Applicability.

The FPR and IPR apply to all procuring activities of the Department except as otherwise specified by law.

8 14-1.006

8 14-1.007-1 General plan.

The general plan, numbering system, and nomenclature used in the IPR conform to the FPR, to the extent possible.

Issuance.

8 14-1.006-1 Code arrangement.

IPR are issued in the Code of Federal Regulations as Chapter 14 of Title 41. Subsidiary procurement regulations issued by bureaus and offices of the Department are identified by alphabetical designations as subchapters of Chapter 14 as follows: 14A-Office of the Secretary 14B—(Reserved) 14C-(Reserved) 14D–Fish and Wildlife Service 14E-Bureau of Mines 14F-Geological Survey 14G-(Reserved) 14H-Bureau of Indian Affairs 141-(Reserved) 14J-Bureau of Land Management 14K-National Park Service 14L-Office of Territorial Affairs 14M-(Reserved) 14N-(Reserved) 140–(Reserved) 14P-Office of Surface Mining Reclamation

and Enforcement 14Q-(Reserved) 14R-Office of Water Research and Tech

nology 148–Bureau of Reclamation 14T-(Reserved)

8 14-1.007-3 Citation.

IPR shall be cited in accordance with Federal Register standards approved for the FPR. 8 14-1.008 Agency implementation.

(a) The Interior Procurement Regulations (IPR) System consists of published Departmental procurement reg. ulations (IPR); published subsidiary procurement regulations of bureaus and offices; unpublished Departmental procurement regulation directives (IPRD), and unpublished procurement directives of bureaus and offices. All regulations and directives issued under the IPR System shall be kept to a minimum and shall not repeat, paraphrase, or restate material already contained in the FPR. All issuances shall conform to the style and arrangement of the FPR, to the extent possible.

(b) In accordance with FPR 11.008, IPR are limited to those regulations deemed necessary for business

concerns, and others properly interest. under FPR 1-1.318—4(b)(1), except ed, to understand basic and significant the second sentence shall be modified Department of the Interior procure- to read as follows: “This decision may ment policies and procedures which be appealed to the Department of the implement, supplement, or deviate Interior. Office of Hearings and Apfrom the FPR. IPR are issued by the peals, Interior Board of Contract ApOffice of Acquisition and Property peals, 4015 Wilson Boulevard, ArlingManagement and signed by the Assist ton, Virginia 22203.” ant Secretary-Policy, Budget, and Administration or Deputy.

[46 FR 61462, Dec. 17, 1981) (c) Subsidiary procurement regula

8 14-1.327 Protection of the privacy of intions of bureaus and offices are limit

dividuals. ed to those rules necessary for satisfying special and unique needs of a [40 FR 57671, Dec. 11, 1975) bureau or office which are not covered under other regulations. Subsidiary 8 14-1.327-5 Procedures. procurement regulations are reviewed The Privacy Act clause under FPR by the Office of Acquisition and Prop- 1-1.327-5(c) shall be supplemented by erty Management and approved by the adding a paragraph (d) as follows: Assistant Secretary-Policy, Budget, and Administration or Deputy prior to

PRIVACY ACT publication.

(d) The regulations of the Department of (d) Interior Procurement Regulation the Interior implementing the Privacy Act Directives (IPRD) are issued by the of 1974 are set forth in 43 CFR Subtitle A, Office of Acquisition and Property Part 2, Subpart D. A copy of the regulations Management and contain Depart

may be obtained by submitting a written rementwide instructions of interest pri

quest therefor to the Departmental Privacy

Act Officer, Office of the Assistant Secremarily for internal administrative

tary-Policy, Budget and Administration, guidance which do not affect the gen

Department of the Interior, 18th and E eral public.

Streets, N.W., Washington, D.C. 20240. (e) Procurement directives issued by bureaus and offices contain detailed

[46 FR 61462, Dec. 17, 1981) and specific instructions and proce

8 14-1.340 Women-owned business. dures necessary to provide internal guidance on procurement matters re The Office of Small and Disadvanlated to the FPR and the IPR System taged Business Utilization is responsiwhich do not affect the general public. ble for development and implementaEach bureau and office is required to tion of the Department's women's establish review procedures for exer business enterprise program in accordcising oversight of all procurement dir ance with Part 111, Chapter 8 of the ectives issued to prevent unnecessary Departmental Manual (111 DM 8). duplication of higher-level coverage; ensure consistency and uniformity

[46 FR 49865, Oct. 8, 1981) among issuances, and control the

8 14-1.350 Obtaining a release of claims. number of directives issued. These review procedures shall be approved

(a) A release of claims shall be reby the Office of Acquisition and Prop

quired in all construction contracts erty Management prior to implemen

and all cost-reimbursement contracts tation.

which exceed $10,000. Depending upon

the circumstances present, a release of Subpart 14-1.3-General Policies

claims may be required in service (in

cluding architect-engineer) and supply § 14-1.318 Disputes.

contracts.

(b) Contracts requiring a release of (46 FR 61462, Dec. 17, 1981)

claims shall include a clause substan§ 14–1.318-4 Contracting officer's deci

tially as follows: sion.

RELEASE OF CLAIMS A final decision issued by a contract After completion of work, and prior to ing officer shall include the paragraph final payment, the Contractor shall furnish

to the Contracting Officer, a release of claims against the United States arising out of the contract, other than claims specifically excepted from the operation of the release.

(c) Form DI-137 (see IPR 14-16.850) shall be used for all contracts requiring a release of claims. [46 FR 61463, Dec. 17, 1981)

$ 14-1.351 Paperwork Reduction Act of

1980. (a) General. The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) requires that no federal agency shall conduct or sponsor the collection of information, upon identical items, from ten or more public respondents unless prior approval is obtained from the Office of Management and Budget.

(b) Procedures. For contracts which require the collection of information subject to the Paperwork Reduction Act, data requirements shall be defined and clearance obtained prior to issuance of the solicitation, when practical, in accordance with the requirements of Part 305. Chapter 2 of the Department Manual (305 DM 2).

(c) Clause. The following clause shall be included in solicitations, and resulting contracts, when performance of the work requires, or may require, collection of information subject to the Paperwork Reduction Act of 1980:

U.S.C. 450e(b)) requires that any contract or subcontract entered into suant to the Act; the Act of April 16, 1934 (48 Stat. 596; 25 U.S.C. 452), as amended, (the Johnson-O'Malley Act); or any other Act authorizing contracts with Indian organizations or for the benefit of Indians shall require that, to the greatest extent feasible: (1) Preferences and opportunities for training and employment in connection with the administration of such contracts shall be given to Indians; and, (2) Preference in the award of subcontracts in connection with the administration of such contracts shall be given to Indian organizations and to Indian-owned economic enterpr as defined in section 3 of the Indian Financing Act of 1974 (sec. 3, Pub. L. 93-262; 88 Stat. 77; 25 U.S.C. 1452).

(b) Applicability. (1) The Indian Preference clause, set forth in 147.5002 of this chapter, shall be included in all solicitations issued and contracts awarded by:

(i) The Bureau of Indian Affairs, except solicitations issued and contracts awarded pursuant to Titles I and II of Pub. L. 93-638, (25 U.S.C. 450 et seq.; and 25 U.S.C. 455 et seq., respectively),

(ii) A procuring activity other than the Bureau of Indian Affairs when the contract is entered into pursuant to an act specifically authorizing contracts with Indian organizations and,

(iii) A procuring activity other than the Bureau of Indian Affairs where the work to be performed is specifically for the benefit of Indians and is in addition to any incidental benefits which might otherwise accrue to the General P general public.

(2) The Indian Preference Program clause, set forth in § 14-7.5003 of this chapter, shall be included in all solicitations issued and contracts awarded by a procuring activity which may exceed $50,000 which contain the clause required by paragraph (b)(1) of this section and where, prior to solicitation, it is determined that the work under the contract will be performed in whole or in part on or near an Indian reservation(s). The Indian Preference Program clause may also be included in solicitations issued and contracts awarded by a procuring ac

PAPERWORK REDUCTION ACT If performance of this contract requires collection of information from ten or more public respondents, no funds shall be expended or any action taken in the solicitation or collection of such information until the contractor has received from the contracting officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The contractor shall provide the contracting officer with all information necessary to obtain approval from OMB. (46 FR 61463, Dec. 17, 1981) 8 14-1.354 Indian preference in employ.

ment, training, and subcontracting op

portunities. (a) Statutory requirements. Section 7(b) of the Indian Self-Determination and Education Assistance Act (sec. 7(b), Pub. L. 93-638; 88 Stat. 2205; 25

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