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(b) The cost of cash purchases must be kept within reasonable bounds by ordinary shopping procedures of price comparison (competition), and the buyer must take advantage of any obtainable discounts.

[31 FR 10793, Aug. 13, 1966, as amended at 43 FR 28494, June 30, 1978]

§ 19-3.605 Purchase order forms.

§ 19-3.605-3 Agency order forms.

Where Standard Forms 147 and 148 are not appropriate, Agency order forms prescribed in Subpart 16-3 of this chapter shall be used.

§ 19-3.606 Blanket purchase arrangements.

§ 19-3.606-5 Agency implementation.

(a) The use of limited charge accounts, for all Agency offices and installations having responsibility for maintaining their own supply points, is a preferred Agency procedure. Blanket purchase arrangements will be made and the necessary procurement authority redelegated by the Chief of the Contract and Procurement Division when offices which provide their own supplies can make numerous purchases of a wide variety of regularly needed items from local vendors.

(b) Blanket purchase arrangements Iwill be in writing, and may be in the form of a purchase order which will ordinarily cover the vendor's complete line of merchandise or services available at his/her published list prices less any obtainable discounts, limited in time to one fiscal year and in amount by $10,000 or less. More than one arrangement may be advisable where the volume of purchases warrants such competitive arrangements. Charge tickets will be made for each order and delivered to the responsible office with receipt of the goods indicated thereon by the receiving office. Monthly invoices will be compared by the responsible office with delivery receipts prior to certification for payment. A copy of the blanket purchase agreement is to be filed with the appropriate paying office.

[31 FR 10793, Aug. 13, 1966, as amended at 43 FR 28494, June 30, 1978]

PART 19-6-FOREIGN PURCHASES

Subpart 19-6.1-Buy American Act-Supply and Service Contracts

Sec.

19-6.103 Exceptions.

19-6.103-3 Unreasonable cost or inconsistency with the public interest. 19-6.105 Excepted articles, materials, and supplies.

Subpart 19-6.50—Other Price Differentials 19-6.5001 General.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 31 FR 10794, Aug. 13, 1966, unless otherwise noted.

Subpart 19-6.1-Buy American Act— Supply and Service Contracts

§ 19-6.103 Exceptions.

§ 19-6.103-3 Unreasonable cost or inconsistency with the public interest.

(a) It has been determined by the Director that the application of the Buy American Act to the purchase of books, maps, periodicals, newspapers, and other publications and films not published in the United States would be inconsistent with the public interest. Therefore, such items may be procured from foreign sources.

(b) Contracting Officers are authorized to make determinations of unreasonable cost or inconsistency with the public interest on other domestic source end products, both prior to entering into contracts and in the course of contract administration, provided that in the latter case the Government receives adequate consideration. A copy of each determination will be included in the contract file.

§ 19-6.105 Excepted articles, materials, and supplies.

Contracting Officers are authorized to make determinations of nonavailability (see § 1-6.103-2 of this title), both prior to entering into contracts and in the course of contract administration, provided that in the latter case the Government receives adequate consideration. A copy of each

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(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. citi

zens.

PART 19-15—CONTRACT COST PRINCIPLES AND PROCEDURES

Subpart 19-15.50-Cost Principles and Procedures

§ 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]

PART 19–16—PROCUREMENT FORMS

Subpart 19-16.1—Forms for Advertised Supply Contracts

Sec.

19-16.102 Award documents.

19-16.104 Terms, conditions, and provisions.

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tractors in accordance with referenced regulations.

[35 FR 19017, Dec. 16, 1970, as amended at 43 FR 28494, June 30, 1978]

§ 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.

§ 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.

§ 19-16.851-4 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.

§ 19-16.851-5 Department of Labor form, SC-1 Notice to Employees Working on Government Service Contracts.

SC-1, Department of Labor form, shall be furnished contractors performing contract work subject to the Service Contract Act of 1965, in accordance with § 1-12.905-1 of this title.

§ 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 Provisions, IA-332.

Supplemental General Provisions, IA-332, shall be used in contracts which incorporate Standard Form 32, in accordance with § 19-16.104.

§ 19-16.860-2 Requisition-Purchase OrderInvoice for Professional Services, IA44.

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, IA431.

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.

§ 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]

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§ 19-60.102 Determination of issues.

Before making a decision, the contracting officer shall consider all oral and written arguments or evidence as the contractor may present in support of his/her claim. He/she shall conduct such investigation as may be necessary to ascertain the facts. Based upon his/ her review of all available facts and advice of legal counsel, he/she shall endeavor to resolve by mutual agreement a satisfactory settlement of the dispute. When questions are settled in this manner, an agreement shall be drawn up in the form of a letter or memorandum for the official records.

§ 19-60.103 Decision of the contracting officer.

When an agreement cannot be successfully negotiated, the contracting officer with the advice and assistance of the Office of the General Counsel shall render a decision in accordance with the disputes clause of the contract. The decision shall include a statement of the facts under dispute, a statement of the contractor's claim, a statement of the facts upon which the parties agree or disagree, a statement of the contracting officer's final decision, and a statement advising the contractor that decisions on disputed questions of fact and on other questions that are subject to the procedure of the disputes clause of the contract may be appealed in accordance with the provisions of that clause. The decision shall further advise the contractor that appeals must be in writing (in triplicate) and must be mailed or otherwise furnished the contracting officer within the time provided in the disputes clause of the contract or if none is designated within thirty days from the date of receipt of the final decision. See § 1-1.318. The decision will also advise the contractor that the Armed Services Board of Contract Appeals has been designated the authorized representative of the Director for the hearing of such appeals and that the regulations herein recited shall be applicable with regard to the procedure of such appeals before the Board.

Subpart 19-60.2—Appeals

§ 19-60.201 General.

An appeal to the ASBCA may be taken from the decision of a contracting officer rendered in connection with disputed questions of fact under contracts when the terms of the contract provide for the determination of such appeals by the Director or his/ her duly authorized representative. When the express terms of the contract provide otherwise, appeals shall be taken in the manner provided.

§ 19-60.202 Processing appeals.

Appeals shall be prepared and submitted as set forth in the Preliminary Procedures, Part 2, Rules of the ASBCA, Appendix A to the Armed Services Procurement Regulations.

Subpart 19-60.3—Board of Contract Appeals

§ 19-60.301 Designation of authorized representative.

The Armed Services Board of Contract Appeals has been designated the authorized representative of the Director of the International Communication Agency to hear, consider, and determine appeals by contractors from final decisions of contracting officers on disputed questions arising under agency contracts pursuant to provisions of contracts requiring the determination of such appeals by the Director or his/her authorized representative.

§ 19-60.302 Agency support.

The office of the General Counsel shall ensure support by officers and employees of the Agency in processing appeals and ascertaining information to the extent required by the ASBCA and is authorized to require such officers and employees to cooperate in such support.

Subpart 19-60.4-Rules

§ 19-60.401 Adoption of the Rules of the ASBCA.

In acting under this designation, the ASBCA is authorized to follow the

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