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(5) Speed of issuance is essential, nu as “g 19-1.107-3 of this chapter." merous changes are required in Chap When this section is referred to forter 19, and all necessary changes mally in official documents, such as cannot be made promptly.

legal briefs, it should be cited as “41 (b) Procurement procedures and CFR 19-1.107-3.” Any section of the instructions issued in other than the ICA Procurement Regulations may be FPR System format under (a) (4) and informally identified, for purposes of (5), of this section, will be codified into brevity, as IAPR followed by this secChapter 19 at the earliest practicable tion number; i.e. “IAPR 19-1.107-3." date, but in any event not later than six months from date of issuance.

19-1.108 Deviation. § 19-1.107 Arrangement.

§ 19-1.108–1 Description. $ 19-1.107-1 General plan.

The term "deviation” includes any

of the following actions: Chapter 19 is divided into parts, sub

(a) When a prescribed contract parts, sections, subsections, and fur

clause is set forth verbatim, use of a ther subdivisions as necessary.

contract clause covering the same sub§ 19–1.107–2 Numbering.

ject matter which varies from that set

forth. (a) Generally, the numbering system

(b) When a standard or other form used in Chapter 19 conforms to that in

is prescribed, use of any other form the FPR (See § 1-1.007-2). Thus, a par

for the same purpose. ticular procurement policy or proce

(c) Alteration of a prescribed standdure is identified by the same number

ard or other form, except as may be in both the FPR and in Chapter 19

authorized by regulations. except that the first number in the

(d) The imposition of lesser or, FPR will be 1 rather than 19. (b) Where Chapter 19 implements a

where the regulation expressly prohib

its, greater limitations than are impart, subpart, section, or subsection of the FPR, the implementing part, sub

posed upon the use of a contract part, section or subsection of Chapter

clause, form, procedure, type of con19 will be numbered (and captioned),

tract, or upon any other procurement to correspond to the FPR part, sub

action, including but not limited to,

the making or amendment of a conpart, section, or subsection.

tract, or actions taken in connection (c) Where Chapter 19 supplements

with the solicitation of bids or proposthe FPR and thus deals with subject matter not contained in the FPR, the

als, award, administration, or settlenumbers in the group 50 through 69

ment of contracts. will be assigned to the respective sup

(e) When a policy or procedure is plementing parts, subparts, or section.

prescribed, use of any inconsistent (d) Where the subject matter con policy or procedure. tained in the part, subpart, section, or

§ 19-1.108–2 Procedure. subsection of the FPR requires no implementation, Chapter 19 will contain in the interest of establishing and no corresponding part, subpart, sec- maintaining uniformity to the greatest tion, or subsection. Thus, there may extent feasible, deviations from the be gaps in the Chapter 19 series of Federal Procurement Regulations part, subpart, section, or subsection; in System shall be kept to a minimum such cases, reference must be made to and controlled as follows: the FPR for policy and procedure ap (a) In individual cases, deviations plicable to ICA.

from the FPR and IAPR shall be au

thorized by the the Chief of the Con$ 19-1.107-3 Citation.

tract and Procurement Division ICA procurement regulations will be (MGT/AC). This authority may not be cited in accordance with Federal Reg. redelegated. ister standards approved for the FPR. (1) A supporting statement for each Thus, this section, when referred to in deviation which indicates briefly the divisions of the IAPR, should be cited 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 Gener al 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)

819-1.253 ICA.

"ICA" means the International Communication Agency. 8 19-1.254 Overseas Establishment.

"Overseas Establishment” means ICA post or media extension. (31 FR 10789, Aug. 13, 1966. Redesignated and amended at 43 FR 28493, June 30, 1978) $19-1.255 AR/CO.

“AR/CO” means Authorized Representative of the Contracting Office (see $ 1.5305). (31 FR 10789, Aug. 13, 1966. Redesignated at 43 FR 28493, June 30, 1978)

Subpart 19-1.2-Definition of Terms

$ 19-1.256 Subcontract.

"Subcontract,” in addition to other legal definition, is intended to include any prime contractor's purchase order accepted by a vendor, unless otherwise provided in the prime contract. (31 FR 10789, Aug. 13, 1966. Redesignated at 43 FR 28493, June 30, 1978)

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.

Subpart 19-1.3-General Policies

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

$ 19-1.302 Procurement sources.

8 19–1.206 Chief, Contract and Procure

ment 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."

8 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.

$ 19-1.302–3 Contracts between the Gov.

ernment and Government employees or business concerns substantially owned or controlled by Government employees. (a) [Reserved]

(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

$ 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).

originator of copyrighted material, it any plans or specifications or refermust be established that there is no ences thereto; real or apparent conflict of interest be- (6) All bids or proposals received tween his/her official duties and his/ with an abstract thereof; her rights to any royalties. To prevent (7) The bidders' Statement of Consuch conflict, the Agency shall endeav- tingent Fees; or to obtain the employee's waiver of (8) All preaward surveys; any royalty payments. In addition, the (9) Selection of the successful Conemployee would be expected to dis tractor, includingcourage publicity regarding Agency

(i) The reasons for selection. use of his/her material.

(ii) The Contracting Officer's deter(31 FR 10790, Aug. 13, 1966, as amended at mination of the Contractor's responsi43 FR 28493, June 30, 1978)

bility, and

(iii) Any Small Business Administra$ 19-1.302-51 Contracts between the Gov.

tion Certificate of Competency; ernment and former Government em.

(10) All price and cost data submitployees.

ted or used, including Certificate of Negotiated contracts may be entered Current Cost or Pricing Data; into with ex-employees of the Agency (11) A full record of negotiations, inor with firms in which ex-employees cluding but not limited toare known to have a substantial inter (i) Participants, est, within a period of 2 years subse (ii) Dates of meetings or phone calls, quent to the termination of employ (iii) Government-furnished materials ment, only with the written approval or facilities to be provided. of the Director.

(iv) Subcontracting, $ 19-1.305-3

(v) Terms and conditions agreed to, Deviations from Federal Specifications.

(vi) Deviations, if any, from pre

scribed contract clauses, Any deviation from a Federal Speci

(vii) Technical recommendations, fication contemplated under § 1-1.305

and 3 of this title shall be submitted to the

(viii) Justification for final price; Chief of the Contract and Procure

(12) Justification for type of conment Division of the Agency, for ap

tract used; proval prior to use. The request shall

(13) Any exceptions or exemptions include a statement describing the de

from the Buy American Act or from viation, with justification therefor

the Agency's Foreign Purchases policy and, where applicable, a recommenda

(see Subpart 6.50 of this chapter); tion for revision or amendment of the

(14) A copy of contract award; specification.

(15) Evidence of legal review re§ 19-1.313 Records of contract actions.

quired, and copy of comments, if any, (a) The documents, memoranda, and

made by legal counsel;

(16) All pertinent correspondence; summary statements contemplated by § 1-1.313 of this title shall include but

(17) Copies of all change orders, and not be limited to the following, unless

supplements, with supporting docuthe Contracting Officer determines

ments; certain elements are not required:

(18) Comprehensive termination (1) A copy of the procurement re- data; quest;

(19) Copies of royalty reports re(2) A copy of any required Determi- ceived; nations and Findings, or other state (20) Final release upon completion ment and justification for negotiation;

of the contract; (3) A list of sources solicited or a jus (21) Required approvals of contract; tification for limiting such sources;

and (4) A copy of any determination to (22) Any additional documents conset-aside the procurement for small sidered necessary to present a combusiness or for a labor-surplus area; plete résumé of the contract action.

(5) A copy of the Invitation for Bids (b) Complete record of all advertised or Request for Proposals, including and negotiated contract action will be

curement Regulations (see Subpart 11.9 of this title).

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

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.

[blocks in formation]

$ 19-1.317 Noncollusive bids and propos

als. (a)-(d) (Reserved)

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

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)

§ 19-1.354 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.

8 19-1.604 Causes and conditions :!pplica

ble 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


$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

$ 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

priate delegations of authority and by

redelegations of authority. The auAntitrust Violations

thority of such Contracting Officers

shall be in accordance with the appli§ 19-1.902 Documents to be transmitted.

cable delegations or redelegations of The Contracting Officer will submit authority and with this Subpart 19a report, including the documents 1.53. listed in § 1-1.902 of this title and any (b) Delegations and redelegations of other pertinent documentary material, authority are generally directive on with his/her findings to the Chief of specific positions, rather than specific the Contract and Procurement Divi individuals. When a specific position sion.

carries delegated or redelegated con

tracting authority, an individual ap(31 FR 10791, Aug. 13, 1966)

pointed to such a position is, therefor,

a Contracting Officer. Such appointSubpart 19-1.13—Minority Business

ments are normally made by means of Enterprises

administrative personnel actions.

When an individual is designated as a $ 19-1.1302 Agency program.

Contracting Officer by an instrument The Chief, Contract and Procure

other than personnel action, a copy of ment Division is designated as being the designating instrument shall be responsible for administering the pro forwarded to the appropriate personcurement minority business enterprise

nel office for inclusion in the file of program in accordance with Subpart

the individual affected. Designations 1-1.13 of this title.

shall be rescinded in the same manner

upon termination of the assignment (43 FR 28493, June 30, 1978)

(but special assignments may be self

rescinding, as, for example, an assignSubpart 19-1.53— Procurement

ment made in terms of the life of a Authority and Responsibility

specific contract, in which case a sepa

rate rescission instrument would not SOURCE: 31 FR 10791, Aug. 13, 1966, unless be required). otherwise noted.

(c) In view of the high degree of in

dividual responsibility and authority § 19-1.5301 General.

vested in Contracting Officers, care (a) This subpart deals with the au- shall be exercised to insure that only thority to designate Contracting Offi- well qualified individuals are appointcers and sets forth the general au- ed or designated and retained in such thorities and responsibilities of such positions. Accordingly, the performofficers (see § 1-3.801(b) of this title). ance of their duties as Contracting Of

(b) An employee ordinarily binds the ficers is subject to continuing review Government only when his/her ac- and evaluation. tions are in accordance with authority actually granted to him/her. Contract

§ 19-1.5303 General authority of Contracting Officers are agents of the Govern ing Officers. ment and shall act in accordance with A contracting Officer is authorized law, regulations including FPR and to enter into, modify, and take other IAPR, other pertinent directives, and appropriate action with respect to consound business judgment, and within tracts, within the limits of his/her prethe limits of their prescribed duties scribed duties and authority. and authorities.

$ 19-1.5304 General responsibility of Con$ 19-1.5302 Designation of Contracting tracting Officers. Officers.

(a) Contracting Officers are primar(a) Contracting Officers, as defined ily responsible for assurance that conin § 1-1.207 of this title, shall be those tracts are authorized by law, for the employees in whom contracting au- execution and administration of conthority is vested by the Director or tracts, for safeguarding the interest of his/her designees by means of appro- the United States in contractual rela.

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