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(b) The cost of cash purchases must
PART 19-6-FOREIGN PURCHASES be kept within reasonable bounds by ordinary shopping procedures of price
Subpart 19-6.1-Buy American Act-Supply comparison (competition), and the
and Service Contracts buyer must take advantage of any obtainable discounts.
Sec. (31 FR 10793, Aug. 13, 1966, as amended at
19-6.103-3 Unreasonable cost or inconsis43 FR 28494, June 30, 1978]
tency with the public interest. § 19-3.605 Purchase order forms.
19-6.105 Excepted articles, materials, and
supplies. § 19-3.605-3 Agency order forms.
Subpart 19-6.50—Other Price Differentials Where Standard Forms 147 and 148 are not appropriate, Agency order 19-6.5001 General. forms prescribed in Subpart 16-3 of
AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 this chapter shall be used.
U.S.C. 486(c). $ 19-3.606 Blanket purchase arrange
SOURCE: 31 FR 10794, Aug. 13, 1966, unless
otherwise noted. ments. $ 19-3.606-5 Agency implementation. Subpart 19-6.1-Buy American Act(a) The use of limited charge ac
Supply and Service Contracts counts, for all Agency offices and installations having responsibility for $ 19-6.103 Exceptions. maintaining their own supply points, is a preferred Agency procedure. Blan
$ 19-6.103-3 Unreasonable cost or inconket purchase arrangements will be sistency with the public interest. made and the necessary procurement (a) It has been determined by the authority redelegated by the Chief of Director that the application of the the Contract and Procurement Divi
Buy American Act to the purchase of sion when offices which provide their books, maps, periodicals, newspapers, own supplies can make numerous pur and other publications and films not chases of a wide variety of regularly published in the United States would needed items from local vendors.
be inconsistent with the public inter(b) Blanket purchase arrangements est. Therefore, such items may be prowill be in writing, and may be in the cured from foreign sources. form of a purchase order which will (b) Contracting Officers are authorordinarily cover the vendor's complete ized to make determinations of unrealine of merchandise or services availa sonable cost or inconsistency with the ble at his/her published list prices less public interest on other domestic any obtainable discounts, limited in source end products, both prior to entime to one fiscal year and in amount tering into contracts and in the course by $10,000 or less. More than one ar- of contract administration, provided rangement may be advisable where that in the latter case the Governthe volume of purchases warrants ment receives adequate consideration. such competitive arrangements. A copy of each determination will be Charge tickets will be made for each included in the contract file. order and delivered to the responsible office with receipt of the goods indi. $19-6.105 Excepted articles, materials, cated thereon by the receiving office. and supplies. Monthly invoices will be compared by
Contracting Officers are authorized the responsible office with delivery re
to make determinations of nonavailaceipts prior to certification for pay
bility (see § 1-6.103-2 of this title), ment. A copy of the blanket purchase
both prior to entering into contracts agreement is to be filed with the ap
and in the course of contract adminispropriate paying office.
tration, provided that in the latter (31 FR 10793, Aug. 13, 1966, as amended at case the Government receives ade43 FR 28494, June 30, 1978)
quate consideration. A copy of each
determination will be included in the contract file.
PART 19-16_PROCUREMENT FORMS
Subpart 19-6.50—Other Price
Subpart 19-16.1-Forms for Advertised Supply
Contracts Sec. 19-16.102 Award documents. 19-16.104 Terms, conditions, and provi
sions. Subpart 19-16.5—forms for Advertised and
Negotiated Nonpersonal Service Contracts
(Other Than Construction) 19-16.501 Contract forms.
§ 19-6.5001 General.
(a) Agency policy for procurement from foreign sources for use outside the United States requires the application of price differentials favoring materials and equipment produced in the United States. The individual requests for proposals or invitations for bids will indicate the extent of applicable differentials.
(b) The Agency will, to the maximum extent consistent with effective discharge of its program responsibilities, forgo or postpone the purchase of materials and equipment which are not obtainable as domestic source end products (as defined in § 1-6.101(d) of this title), or the award of contracts for nonpersonal services (including construction) to other than U.S. citizens or firms which are more than 50 percent owned by U.S. citizens, except where payment may be made with excess foreign currencies (as designated by the Treasury Department) at no greater cost than corresponding domestic source end products or contracts with U.S. citizens or firms more than 50 percent owned by U.S. citizens.
Subpart 19-16.8—Miscellaneous Forms 19-16.802 Bidder's Mailing List Applica.
tion. 19-16.850 Other agency forms. 19-16.851 Department of Labor forms. 19-16.851-1 Department of Labor letter
and poster, PC-13 (Walsh-Healey Public
Contracts Act). 19-16.851-2 Department of Labor form,
PC- 16 (Walsh-Healey Public Contracts
Act). 19-16.851-3 Department of Labor form,
SF-99, Notice of Award of Contract. 19-16.851-4 Secretary of Labor poster,
Equal Opportunity is the law. 19-16.851-5 Department of Labor form,
SC-1, Notice to Employees Working on
Government Service Contracts. 19-16.860 International Communication
Agency forms. 19-16.860-1 Supplemental General Provi
sions, IA-332. 19-16.860-2 Requisition-Purchase Order
Invoice for Professional Services, IA-44. 19-16.860-3 Memorandum of Loan, IA-431. 19-16.860-4 Bidder's Commodity and Serv
ice Code List, IA-407. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
SOURCE: 35 FR 19017, Dec. 16, 1970, unless otherwise noted.
PART 19-15-CONTRACT COST · PRINCIPLES AND PROCEDURES
Subpart 19-15.50—Cost Principles
Subpart 19-16.1-Forms for Advertised Supply Contracts
§ 19–15.5000 Cost-reimbursed air travel.
It is the policy of the Agency to require the use of less than first-class air accommodations for all cost-reimbursed travel and that the lowest class accommodations available are utilized in order to reduce government travel costs. Exceptions to this policy are to be in accordance with the limitations set forth in the Federal Travel Regulations. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) (43 FR 28494, June 30, 1978)
8 19–16.102 Award documents.
(a) Standard Form 26 shall be used as the Agency's award document whenever Standard Form 33 is used. The award section of Standard Form 33 shall be left blank and its heading obliterated.
(b) When a narrative type contract is authorized the signature page shall serve in lieu of an award document. Copies of Standard Form 26 shall be tractors in accordance with referenced regulations. (35 FR 19017, Dec. 16, 1970, as amended at 43 FR 28494, June 30, 1978)
used to provide information and instructions to appropriate Agency offices when necessary. 8 19-16.104 Terms. conditions, and provi.
sions. The provisions of Agency Form, IA332, Supplemental General Provisions are prescribed for use in all supply contracts in addition to the provisions of Standard Form 32. Form IA-332 should also be used with Standard Form 32 for service contracts when appropriate.
8 19-16.851-1 Department of Labor letter
and poster, PC-13 (Walsh-Healey
Public Contracts Act). PC-13, Department of Labor letter and poster, shall be furnished contractors, performing contract work subject to the Walsh-Healey Public Contracts Act, in accordance with $ 1-12.604(b) of this title.
Subpart 19-16.5—Forms for Adver
tised and Negotiated Nonpersonal Service Contracts (Other Than Con
struction) § 19-16.501 Contract forms.
The forms prescribed in 88 1-16.101 and 1-16.201 of this title for advertised and negotiated supply contracts shall be used for advertised and negotiated nonpersonal service contracts (other than construction, grant agreements, and small purchases). Narrative type contracts for nonpersonal service contracts shall be used only upon approval of the format by the Agency Contracting Officer.
§ 19-16.851-2 Department of Labor form,
PC-16 (Walsh-Healey Public Contracts Act). PC-16, Department of Labor form, shall be furnished to contractors, performing contract work subject to the Walsh-Healey Public Contracts Act in accordance with $ 1-12.604(c) of this title.
$ 19-16.851-3 Department of Labor form,
SF-99, Notice of Award of Contract. Standard Form 99, Notice of Award of Contract, shall be prepared and submitted to the Department of Labor, Wage and Hour and Public Contracts Division, when contract is subject to the Walsh-Healey Public Contracts Act in accordance with $ 112.604(d) of this title or subject to the Service Contract Act of 1965 and the provisions of the Fair Labor Standards Act of 1938, in accordance with $ 112.905-6 of this title.
§ 19–16.802 Bidder's mailing list applica
tion. Whenever a Standard Form 129 is furnished to a prospective bidder, a copy of Agency Form IA-407, Bidder's Commodity and Service Code List shall also be furnished to the applicant. A copy of both forms shall be completed by the applicant and returned to the Agency.
§ 19-16.851-4 Secretary of Labor poster,
Equal Opportunity is the Law. Equal Opportunity is the Law, a Secretary of Labor Notice, shall be furnished contractors, subject to Executive Order No. 11246, Executive Order No. 11375 and the rules and regulations of the Secretary of Labor, in accordance with § 1-12.805.3 of this title.
$ 19-16.850 Other agency forms.
The forms listed in this § 19-16.850 shall be used in compliance with directives of the applicable regulatory agencies of the Government and in accordance with Chapter 1 of this title. § 19-16.851 Department of Labor forms.
The following forms, posters and letter posters, shall be furnished con
8 19-16.851-5 Department of Labor form,
SC-1 Notice to Employees Working on Government Service Contracts. SC-1, Department of Labor form, shall be furnished contractors perPo forming contract work subject to the Service Contract Act of 1965, in accordance with $ 1-12.905-1 of this title. Sec. 19-60.103 Decision of the contracting offi.
$ 19-16.860 International Communication
Agency forms. This section prescribes International Communication Agency forms to be used in addition to the standard forms prescribed in Chapter 1, Part 16, of this title in the procurement of supplies and services. § 19–16.860-1 Supplemental General Pro
visions, IA-332. Supplemental General Provisions, IA-332, shall be used in contracts which incorporate Standard Form 32, in accordance with $ 19-16.104. 8 19–16.860-2 Requisition-Purchase Order
Invoice for Professional Services, IA
44. Form IA-44 is prescribed for use by media purchasing activities for the procurement of professional (talent vendor) services related to the translation or narration of colloquial speech in foreign languages. Clearances of vendors in accordance with Section 430, Part VIII, Manual of Operation and Administration shall be obtained prior to procuring such services. § 19–16.860-3 Memorandum of Loan, IA
431. Form IA-431 is prescribed for use to obtain the loan of items from private owners, business firms, and nonprofit institutions for use in the Agency's exhibit program. 8 19–16.860-4 Bidder's Commodity and
Service Code List, IA-407. Form IA-407 is prescribed for use in conjunction with Standard Form 129, Bidder's Mailing List Application, in accordance with $ 19-16.802. (35 FR 19017, Dec. 16, 1970. Redesignated at 43 FR 28494, June 30, 1978)
Subpart 19-60.2—Appeals 19-60.201 General. 19-60.202 Processing appeals.
Subpart 19–60.3—Board of Contract Appeals 19-60.301 Designation of authorized repre
sentative. 19-60.302 Agency support.
Subpart 19-60.4—Rules 19-60.401 Adoption of the rules of the
ASBCA. 19-60.402 Amendment to rules for Agency
application. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
SOURCE: 34 FR 7905, May 20, 1969, unless otherwise noted. g 19-60.000 Scope of part.
This part sets forth procedures governing the determination of disputes arising from Agency contracts and the delegation of authority to the Armed Services Board of Contract Appeals (referred to in this part as the “ASBCA") to hear and decide appeals of contractors from final decisions of contracting officers arising under disputes provisions of contracts awarded by the International Communication Agency and the rules applicable to such appeals.
Subpart 19-60.1—Disputes § 19-60.100 Scope of subpart.
This subpart sets forth the policy and procedures pertaining to disputes arising under contracts, the review of available facts pertinent to the dispute, and the rendering of a final decision thereon by the contracting officer.
PART 19-60—DISPUTES AND
Sec. 19-60.000 Scope of part.
$ 19-60.101 General.
Unless otherwise specified in a contract, any dispute concerning a question of fact under a contract shall be decided by the contracting officer who shall reduce his/her decision to writing and mail by certified mail, return receipt requested, or otherwise furnish a copy to the contractor.
Subpart 19-60.1-Disputes 19-60.100 Scope of subpart. 19-60.101 General. 19-60.102 Determination of issues.
§ 19-60.102 Determination of issues.
Subpart 19-60.2—Appeals Before making a decision, the contracting officer shall consider all oral § 19-60.201 General. and written arguments or evidence as An appeal to the ASBCA may be the contractor may present in support taken from the decision of a contractof his/her claim. He/she shall conduct ing officer rendered in connection such investigation as may be necessary with disputed questions of fact under to ascertain the facts. Based upon his/ contracts when the terms of the conher review of all available facts and
tract provide for the determination of advice of legal counsel, he/she shall
such appeals by the Director or his/ endeavor to resolve by mutual agree
her duly authorized representative. ment a satisfactory settlement of the
When the express terms of the condispute. When questions are settled in
tract provide otherwise, appeals shall
be taken in the manner provided. this manner, an agreement shall be drawn up in the form of a letter or 819-60.202 Processing appeals. memorandum for the official records.
Appeals shall be prepared and subg 19-60.103 Decision of the contracting of
the contracting of. mitted as set forth in the Preliminary ficer.
Procedures, Part 2, Rules of the
ASBCA, Appendix A to the Armed When an agreement cannot be suc
Services Procurement Regulations. cessfully negotiated, the contracting officer with the advice and assistance Subpart 19-60.3—Board of Contract of the Office of the General Counsel
Appeals shall render a decision in accordance with the disputes clause of the con $ 19-60.301 Designation of authorized reptract. The decision shall include a
resentative. statement of the facts under dispute, a
The Armed Services Board of Constatement of the contractor's claim, a
tract Appeals has been designated the statement of the facts upon which the
authorized representative of the Diparties agree or disagree, a statement
rector of the International Communiof the contracting officer's final deci
cation Agency to hear, consider, and sion, and a statement advising the con
determine appeals by contractors from tractor that decisions on disputed final decisions of contracting officers questions of fact and on other ques- on disputed questions arising under tions that are subject to the procedure agency contracts pursuant to proviof the disputes clause of the contract sions of contracts requiring the determay be appealed in accordance with mination of such appeals by the Directhe provisions of that clause. The deci- tor or his/her authorized representasion shall further advise the contractor that appeals must be in writing (in triplicate) and must be mailed or oth
$ 19–60.302 Agency support. erwise furnished the contracting offi The office of the General Counsel cer within the time provided in the shall ensure support by officers and disputes clause of the contract or if employees of the Agency in processing none is designated within thirty days appeals and ascertaining information from the date of receipt of the final
to the extent required by the ASBCA decision. See § 1-1.318. The decision
and is authorized to require such offiwill also advise the contractor that the
cers and employees to cooperate in Armed Services Board of Contract Ap- such support. peals has been designated the authorized representative of the Director for
Subpart 19-60.4—Rules the hearing of such appeals and that the regulations herein recited shall be
$ 19-60.401 Adoption of the Rules of the applicable with regard to the proce
ASBCA. dure of such appeals before the Board. In acting under this designation, the
ASBCA is authorized to follow the