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Subpart 14-30.4-Advance Payments
§ 14-30.414 Agreement for special bank
account and contract provisions.
(46 FR 61471, Dec. 17, 1981)
8 14-30.414-2 Contract provisions for ad
vance payments. (a) For contracts, and modifications where a special bank account agreement is not required for advance payments (see FPR 1-30.413), the contract provision under FPR 1-30.414-2 shall be used as modified by paragraph (c) of this section.
(b) For contracts and modifications using the letter of credit method of financing (see FPR 1-30.408-1), the contract provision under FPR 1-30.414-2 shall be used as modified by paragraph (c) of this section.
(c) The suggested contract provisions of $ 1-30.414-2 of this title may be modified, under the circumstances set forth in paragraphs (a) and (b) of this section, as follows:
(1) Paragraphs (b), (g), and (h) of $ 1-30.414-2 will be deleted.
(2) In paragraph (c) of $ 1-30.414-2 including the alternate paragraph (c) for cost-reimbursement contracts, the first two lines will be revised to read “The funds advanced will be used by the *. »
(3) In paragraph (d) of $ 1-30.414-2, the third sentence will be revised to read “Failure of the contractor to repay such part of the unliquidated balance of advance payments when so requested by the Administering Office will be considered an event under the paragraph entitled 'Default provisions of this clause'."
(4) Paragraph (k) of § 1-30.414-2 will be modified as follows:
(i) In the fourth default circumstance, the words “the Special Bank Account” will be changed to read “the advance payment funds."
(ii) In the last three lines of the first sentence, the words "withhold further withdrawals from the special Bank ACcount and withhold further payments on this contract” will be revised to read, “withhold further withdrawals of advance payments and withhold further payments on this contract."
(iii) Delete paragraph (k)(1) of g 130.414-2 commencing with the words "Withdraw all or any part ***.” If the letter of credit method of advance funding is used, paragraph (k)(1) of § 1-30.414-2 should read “(1) Revoke the letter of credit.”
(5) In the first sentence of paragraph (m) of $ 1-30.414-2, delete the phrase "together with a monthly report on the operation of the Special Bank Account in prescribed form,”.
(6) Alternate paragraph (n)(1) of § 1-30.414-2 will not be used because the referenced provision in paragraph (d) concerning amounts withdrawn has been deleted as described in paragraph (c)(3) of this section.
(7) Paragraph (g) of § 1-30.414-2 will be modified as follows:
(i) In the third line of the first sentence, the words “Special Bank ACcount” will be revised to read, “advance payments.”
(ii) The last sentance of the paragraph will be changed to read, “unless other security is required by the Administering Office, covenants in subcontracts, expressly made for the benefit of the Government providing for a Government lien, paramount to all other liens, on all property under such subcontract, and imposing upon the subcontractor substantially the same duties and giving the Government substantially the same rights as are provided herein between the Government and the Contract or may be considered as adequate for such subadvance."
(iii) When subadvances are author. ized under contracts, the following sentence will be added to paragraph (q) of $ 1-30.414-2: "Not withstanding the provisions of the 'Subcontracts' clause of this contract concerning approval of subcontracts, all subcontracts and modifications thereto which authorize subadvances shall require the advance written approval of the Contracting Officer.” (41 FR 39748, Sept. 16, 1976, as amended at 46 FR 7986, Jan. 26, 1981; 46 FR 61471, Dec. 17, 1981)
Subpart 14-30.7—Assignment of
or requested audits of contractors as determined necessary or advisable by the Inspector General and may be influenced by such factors as the financial condition, intergrity, and reliability of the contractor; prior audit experience; adequacy of the accounting system; and the amount of unaudited claims. The audits may also include reviews of cost or price data for contractor's proposal for negotiated contracts (see FPR 1-3.809).
$ 14-30.704 Forms for assignment and
notice of assignment. The following Department of the Interior forms are prescribed for use by all procuring activities.
(a) DI-83, Notice of Assignment. This form shall be used to provide appropriate notice of assignment of pay. ments under contracts. Instructions for the use of the form are contained on the reverse side of the form.
(b) DI-84, Instrument of Assignment. This form will be used to make assign ment of payments under contracts. Procuring activities will observe the isntructions contained in Subpart 130.7 of this title concering instruments of assignment. (5 U.S.C. 301) [46 FR 7986, Jan. 26, 1981)
AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301.
8 14-63.103 Requirements.
(a) A preaward audit of proposals shall be made as required by FPR 13.809.
(1) The preaward audit shall not be waived without proper written justification (See FPR 1-3.809(b)(1)(i)).
(2) Requests for preaward audit along with pertinent documents shall be submitted to the Office of Inspector General. Except under unusual circumstances, at least 30 days should be allowed for the review and evaluation of contractor's proposals.
(b) All awards of noncompetitive contacts which exceed $25,000 shall include the “Examination of Records” clause set forth in IPR 14-63.104.
(c) In some contracts it may be appropriate to emphasize the scope or extent of an audit, such as (1) the use or dispostion of Government-furnished property or (2) variable or other special features of a contract (e.g., price escalation and compliance with the price warranty or price reduction clauses). In such cases, the contract clause in IPR 14-63.104 may be appropriately modified with the written concurrence of the Office of Inspector General.
(d) Use of the clause set forth in IPR 14-63.104 (whether or not modified) does not negate the required use of the “Examination of Records” clause prescribed in FPR 1-3.814-2(c) or the “Audit” clause prescribed in FPR 1-3.814-2(a).
8 14-63.000 Scope of part.
This part prescribes policies and procedures pertaining to audit of proposals, contracts, and modifications. [39 FR 15399, May 3, 1974)
Subpart 14-63.1-Audit of
SOURCE: 46 FR 61472, Dec. 17, 1981, unless otherwise noted. 8 14-63.101 Audit responsibility
The Office of Inspector General con. ducts or arranges for audits (i.e., examinations) of contractor's records to the extent that such audits are required or allowed by law, regulation or sound business judgement. Such audits include the conduct of periodic
8 14-63.104 Clause.
Insert the following clause under the conditions prescribed in IPR 1463.103(b):
EXAMINATION OF RECORDS
Any Contractor receiving Federal funds agrees that the Secretary of the Interior, the Inspector General, or any of their duly authorized representatives shall, until the expiration of three years after final payment under this contract or the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever ex
pires earlier, have access to, and the right to examine, any books, documents, papers and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to include this provision in all contractual agreements with subcontractors.
[End of Clause)
CHAPTER 14H-BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
to the Indian Self-Determination and Education
Page 268 271 273
Sec. 14H-1.000 Scope of part.
Subpart 14H-1.0-Regulation System 14H-1.001 Scope of subpart. 14H-1.002 Purpose. 14H-1.003 Authority. 14H-1.004 Applicability. 14H-1.006 Issuance. 14H-1.006-1 Code arrangement. 14H-1.006-2 Publication. 14H-1.007 Arrangement. 14H-1.007-1 General plan. 14H-1.007-2 Numbering. 14H-1.007-3 Citation. 14H-1.008 Agency implementation. 14H-1.009 Deviation. 14H-1.009-2 Procedure.
8 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-1.2-Definition of Terms
14H-1.205 Procuring activity. 14H-1.206 Head of the procuring activity. 14H-1.270 Definitions and terms pertain
ing to contracts with Indian tribes. 14H-1.270-1 Reservation program. 14H-1.270-2 Indian reservation. 14H-1.270-3 Indian tribe. 14H-1.270-4 Indian tribal contractor.
Subpart 14H-1.0—Regulation System
Subpart 14H-1.3—General Policies
14H-1.302 Procurement sources. 14H-1.302-3 Contracts between the Gov
ernment and Government employees or business concerns substantially owned or controlled by Government employees.
8 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).
8 14H-1.002 Purpose.
This subpart establishes for the Bureau uniform policies and procedures related to procurement of personal property, nonpersonal services, construction, and real property by lease.
Subpart 14H-1.4—Procurement Responsibility
and Authority 14H-1.402 Authority of contracting offi
cers. 14H-1.404 Selection, designation and ter
mination of designation of contracting
officers. 14H-1.404-2 Designation. 14H-1.404-3 Termination of designation. 14H-1.404-4 Assignment of duties to con
tracting officers. 14H-1.451 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 offi
cer authority. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
SOURCE: 34 FR 13659, Aug. 26, 1969, unless otherwise noted.
8 14H-1.003 Authority.
BIAPR are prescribed by the Commissioner of Indian Affairs (Commissioner) under the Federal Property and Administrative Services Act of 1949, as amended, or other authority specifically cited.
8 14H-1.004 Applicability.
BIAPR apply to all procurement activities of the Bureau to the extent in