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§ 19-1.107-1 General plan.

Chapter 19 is divided into parts, subparts, sections, subsections, and further subdivisions as necessary.

§ 19-1.107-2 Numbering.

(a) Generally, the numbering system used in Chapter 19 conforms to that in the FPR (See § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both the FPR and in Chapter 19 except that the first number in the FPR will be 1 rather than 19.

(b) Where Chapter 19 implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section or subsection of Chapter 19 will be numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) Where Chapter 19 supplements the FPR and thus deals with subject matter not contained in the FPR, the numbers in the group 50 through 69 will be assigned to the respective supplementing parts, subparts, or section.

(d) Where the subject matter contained in the part, subpart, section, or subsection of the FPR requires no implementation, Chapter 19 will contain no corresponding part, subpart, section, or subsection. Thus, there may be gaps in the Chapter 19 series of part, subpart, section, or subsection; in such cases, reference must be made to the FPR for policy and procedure applicable to ICA.

§ 19-1.107-3 Citation.

ICA procurement regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the IAPR, should be cited

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§ 19-1.108-1 Description.

The term "deviation" includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form, except as may be authorized by regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.

(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.

§ 19-1.108-2 Procedure.

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

(a) In individual cases, deviations from the FPR and IAPR shall be authorized by the the Chief of the Contract and Procurement Division (MGT/AC). This authority may not be redelegated.

(1) A supporting statement for each deviation which indicates briefly the nature of the deviation and the rea

sons for such special action shall be included in the contract file.

(2) A copy of the supporting statement for each deviation shall be forwarded to the Chief of the Contract and Procurement Division.

(b) In classes of cases, deviations will be considered on an expedited basis jointly by the Chief, Contract and Procurement Division, and the General Services Administration unless, in the considered judgment of the Chief, Contract and Procurement Division, circumstances preclude such joint effort, in which case he/she will notify the General Services Administration of the deviation.

[27 FR 6044, June 27, 1962, as amended at 43 FR 28493, June 30, 1978]

Subpart 19-1.2-Definition of Terms

SOURCE: 31 FR 10789, Aug. 13, 1966, unless otherwise noted.

§ 19-1.201 Definitions.

For the purposes of this chapter, the following terms have the meanings set forth in this subpart, unless otherwise indicated.

§ 19-1.206 Chief, Contract and Procurement Division.

The Chief of the Contract and Procurement Division, the "Head of the procuring activity," is also designated the "Chief Contracting Officer" and, in some cases, the "Agency Contracting Officer."

§ 19-1.250 Government.

"Government" means the Government of the United States of America, and shall be deemed to include any department or organizational component thereof, including the Agency.

§ 19-1.251 Agency.

"Agency" means the International Communication Agency, acting through any of its duly authorized officials.

§ 19-1.252 Director.

"Director" means the head or any assistant head of the Agency (see § 11.204 of this title).

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(b) (1) Any exception, as described in § 1-1.302-3(a) of this title, must be supported by written findings and a determination signed by the Director. In these cases, the "Director" means only the Director or Acting Director of the Agency.

(2) The Agency may purchase, rent, license, or otherwise acquire materials in which Agency employees have a financial interest, only after obtaining a determination and supporting findings signed by the Director that such procurement is based upon the most compelling reasons, such as cases when the needs of the Agency cannot reasonably be otherwise supplied. If the Agency employee is the author or

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Any deviation from a Federal Specification contemplated under § 1-1.3053 of this title shall be submitted to the Chief of the Contract and Procurement Division of the Agency, for approval prior to use. The request shall include a statement describing the deviation, with justification therefor and, where applicable, a recommendation for revision or amendment of the specification.

§ 19-1.313 Records of contract actions.

(a) The documents, memoranda, and summary statements contemplated by § 1-1.313 of this title shall include but not be limited to the following, unless the Contracting Officer determines certain elements are not required:

(1) A copy of the procurement request;

(2) A copy of any required Determinations and Findings, or other statement and justification for negotiation;

(3) A list of sources solicited or a justification for limiting such sources;

(4) A copy of any determination to set-aside the procurement for small business or for a labor-surplus area;

(5) A copy of the Invitation for Bids or Request for Proposals, including

any plans or specifications or references thereto;

(6) All bids or proposals received with an abstract thereof;

(7) The bidders' Statement of Contingent Fees;

(8) All preaward surveys;

(9) Selection of the successful Contractor, including—

(i) The reasons for selection.

(ii) The Contracting Officer's determination of the Contractor's responsibility, and

(iii) Any Small Business Administration Certificate of Competency;

(10) All price and cost data submitted or used, including Certificate of Current Cost or Pricing Data;

(11) A full record of negotiations, including but not limited to

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(viii) Justification for final price; (12) Justification for type of contract used;

(13) Any exceptions or exemptions from the Buy American Act or from the Agency's Foreign Purchases policy (see Subpart 6.50 of this chapter);

(14) A copy of contract award; (15) Evidence of legal review required, and copy of comments, if any, made by legal counsel;

(16) All pertinent correspondence; (17) Copies of all change orders, and supplements, with supporting documents;

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preserved for the period required by records management instructions.

(c) This § 19-1.313 does not apply in the case of small purchases.

(d) Memoranda, for documenting actions taken, should not duplicate information evident in other file documents except where clarification is required. Copies of all negotiation memoranda will be submitted to the Chief of the Contract and Procurement Division. All memoranda will be signed and the drafting date will be indicated.

§ 19-1.317 Noncollusive bids and proposals.

(a)-(d) [Reserved]

(e) The Chief, Contract and Procurement Division, is authorized to make the determinations described in paragraph (d) of the Certification of Noncollusion prescribed in § 1-1.317 of this title.

§ 19-1.354 Execution of contracts.

Contracts, purchase orders, delivery orders, Government bills of lading, and other types of purchasing documents will be executed only by officials holding valid, written delegations or redelegations of procurement authority issued by the Director or other officer of the Agency designated in writing to make such delegations or redelegations. All purchasing documents, including amendments, will show the actual date of each signature required for their execution, and the Agency office executing such documents shall maintain a record of the actual date the documents were released to the vendor or contractor.

§ 19-1.355 Violations of law.

(a) In the event procurement personnel have reason to believe there is evidence of violation of law of any nature whatsoever in bids or proposals received, they will prepare a complete report for forwarding to the Office of the General Counsel through the Chief of the Contract and Procurement Division.

(b). In case of possible violation of antitrust laws, the report will be prepared in accordance with such guidance as provided in the Federal Pro

curement Regulations (see Subpart 11.9 of this title).

Subpart 19-1.6-Debarred, Suspended, and Ineligible Bidders

SOURCE: 31 FR 10790, Aug. 13, 1966, unless otherwise noted.

§ 19-1.602 Establishment and maintenance of a list of concerns or individuals debarred, suspended, or declared ineligible.

The Policy and Procedures Branch of the Contract and Procurement Division will maintain a consolidated list as indicated in § 1-1.602 of this title. The list will not be classified but will be marked "For Official Use Only." It will be coordinated with the Bidders Mailing List (see § 1-2.205 of this title), and appropriate notations will be made on both lists, when additions or deletions are necessary.

[31 FR 10790, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978]

§ 19-1.604 Causes and conditions applicable to determination of debarment by an executive agency.

Personnel of the Agency who find that a firm or an individual should be added to the Debarred, Suspended, or Ineligible Bidders List, as indicated in Subpart 1-1.6 of this title, shall notify the Chief, Policy and Procedures Branch promptly. Debarment shall be made only upon approval of the Chief of the Contract and Procurement Division of the Agency.

[31 FR 10790, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978]

Subpart 19-1.7—Small Business Concerns

§ 19-1.704 Agency program, direction and operation.

The Chief of the Contract and Procurement Division is responsible for developing and supervising the ICA Small Business Program, as may be required for compliance with Subpart 11.7 of this title.

[31 FR 10791, Aug. 13, 1966]

Subpart 19-1.9—Reporting Possible Antitrust Violations

§ 19-1.902 Documents to be transmitted.

The Contracting Officer will submit a report, including the documents listed in § 1-1.902 of this title and any other pertinent documentary material, with his/her findings to the Chief of the Contract and Procurement Division.

[31 FR 10791, Aug. 13, 1966]

Subpart 19-1.13-Minority Business Enterprises

§ 19-1.1302 Agency program.

The Chief, Contract and Procurement Division is designated as being responsible for administering the procurement minority business enterprise program in accordance with Subpart 1-1.13 of this title.

[43 FR 28493, June 30, 1978]

Subpart 19-1.53-Procurement Authority and Responsibility

SOURCE: 31 FR 10791, Aug. 13, 1966, unless otherwise noted.

§ 19-1.5301 General.

(a) This subpart deals with the authority to designate Contracting Officers and sets forth the general authorities and responsibilities of such officers (see § 1-3.801(b) of this title).

(b) An employee ordinarily binds the Government only when his/her actions are in accordance with authority actually granted to him/her. Contracting Officers are agents of the Government and shall act in accordance with law, regulations including FPR and IAPR, other pertinent directives, and sound business judgment, and within the limits of their prescribed duties and authorities.

§ 19-1.5302 Designation of Contracting Officers.

(a) Contracting Officers, as defined in § 1-1.207 of this title, shall be those employees in whom contracting authority is vested by the Director or his/her designees by means of appro

priate delegations of authority and by redelegations of authority. The authority of such Contracting Officers shall be in accordance with the applicable delegations or redelegations of authority and with this Subpart 191.53.

(b) Delegations and redelegations of authority are generally directive on specific positions, rather than specific individuals. When a specific position carries delegated or redelegated contracting authority, an individual appointed to such a position is, therefor, a Contracting Officer. Such appointments are normally made by means of administrative personnel actions. When an individual is designated as a Contracting Officer by an instrument other than personnel action, a copy of the designating instrument shall be forwarded to the appropriate personnel office for inclusion in the file of the individual affected. Designations shall be rescinded in the same manner upon termination of the assignment (but special assignments may be selfrescinding, as, for example, an assignment made in terms of the life of a specific contract, in which case a separate rescission instrument would not be required).

(c) In view of the high degree of individual responsibility and authority vested in Contracting Officers, care shall be exercised to insure that only well qualified individuals are appointed or designated and retained in such positions. Accordingly, the performance of their duties as Contracting Officers is subject to continuing review and evaluation.

§ 19-1.5303 General authority of Contracting Officers.

A contracting Officer is authorized to enter into, modify, and take other appropriate action with respect to contracts, within the limits of his/her prescribed duties and authority.

§ 19-1.5304 General responsibility of Contracting Officers.

(a) Contracting Officers are primarily responsible for assurance that contracts are authorized by law, for the execution and administration of contracts, for safeguarding the interest of the United States in contractual rela

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