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CHAPTER 6-DEPARTMENT OF STATE

Part
6-1 General.
6-2 Procurement by formal advertising.
6-3 Procurement by negotiation.
6-5 Special and directed sources.
6-6 Foreign purchases.
6–7 Contract clauses.
6-11 Federal, State, and local taxes.
6-30 Contract financing.
6-60 Contract appeal regulations.

PART 6-1-GENERAL

Subpart 6-1.1 - Introduction Sec. 6-1.101 Scope of subpart. 6-1.102 Purpose. 6-1.103 Authority. 6-1.104 Applicability. 6-1.105 Exclusions. 6-1.106 Issuance. 6-1.107 Arrangement. 6-1.107-1 General plan. 6–1.107–2 Numbering. 6-1.107–3 Citation. 6-1.108 Relationship of the DOSPR, TPR,

and LAPR. 6-1.109 Control of deviations.

Subpart 6-1.3-General Policies Sec. 6-1.302 Procurement sourcos. 6-1.302–1 General. 6–1.302–3 Procurement from employees of

the Government. 8-1.350 Procurement by posts within the

United States. 6-1.351 Numbering contracts. 6-1.351-1 Policy. 6-1.351-2 Contract register. 6-1.351-3 Numbering. 6-1.351-4 Contract Ale. -1.852 Distribution of numberod con

tracts. 6-1.352-1 Definition. 6-1.352-2 Distribution. 6-1.353 English language translations. Subpart 6-1.4-Procurement Responsibility and

Authority R-1.400 Scope of subpart. -1.401 Responsibility of the head of the

procuring activity, 6-1.402 Authority of contracting officers. 6-1.403 Requirements to be met before

entering into contracts. 6-1.404 Selection, designation, and termi

nation of designation of contracting oticors.

Subpart 6-1.2-Definition of Torms 6-1.201 Definitions. 6-1.250 Government. 6-1.251 Department. 6-1.252 Post. 6-1.253 Local procurement. 6-1.254 Third country procurement. 6-1.255 Central supply post. 8-1.256 Constituent supply post. 6-1.257 Supplies. 6-1.258 Service contracts. 6–1.258–1 Nonpersonal service contracts 6-1.258-2 Personal service contracts.

Sec. 6-1.404–2 Designation. 6–1.404–3 Termination of designation. Subpart 6-1.6-Debarred and Ineligible Bidders 6-1.601 Purpose. 6-1.602 Department of State procedure for

administrative debarment. Subpart 6-1.8--Labor Surplus Area Concerns 6-1.800 Scope of subpart. Subpart 6–1.9—Reporting Possible Antitrust

Violations 6-1.901 General. Subpart 6–1.10—Publicizing Procurement Actions 6-1.1001 General policy. 6-1.1002 Availability of invitations for

bids and requests for pro

posals. 6-1.1003 Synopses of proposed procure

ments. 6-1.1003–1 Department of Commerce

Synopsis. 6-1.1003–2 General requirements.

AUTHORITY: The provisions of this part 6-1 Issued under sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c); sec. 4, 63 Stat. 111, 22 U.S.C. 2658.

Subpart 6-1.1-Introduction SOURCE: The provisions of this Subpart 61.1 appear at 28 F.R. 7779, July 31, 1963, unless otherwise noted. $ 6–1.101 Scope of subpart.

This subpart describes the Department of State Procurement Regulations in terms of establishment, relationship to the Federal Procurement Regulations (FPR), arrangement, applicability, and deviation procedure. Procurement procedures are integrated with the regulations so as to provide a complete, logical and comprehensive publication. 6-1.102

Purpose. This subpart establishes the Department of State Procurement Regulations (DOSPR) as Chapter 6 of the Federal Procurement Regulations System. $ 6–1.103 Authority.

The DOSPR are prescribed by the Secretary of State pursuant to the Act of May 26, 1949 (63 Stat. 111), as amended, and the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended. $ 6-1.104 Applicability.

(a) The DOSPR and the FPR apply to all procurement of personal property

and nonpersonal services (including construction) by the Department of State both within and outside the United States except for those operations which have exemption from the Federal Property and Administrative Services Act of 1949, as amended.

(b) The DOSPR and FPR do not apply to the acquisition or leasing of real property.

(c) The FPR has been edited for use by the Foreign Service. Those portions which are not applicable to procurement outside the United States have been removed except that the contents pages are complete for reference purposes.

(d) At posts where Joint Administrative Offices have been formed, the DOSPR and the FPR are applicable to procurement from Shared Administrative Support funds. The DOSPR and the FPR are applicable for all AID administrative and technical support procurement, except in areas which have been defined by the AID Office of Administrative Services (A/AS). (29 F.R. 12070, Aug. 25, 1964, as amended at 31 F.R. 10193, July 28, 1966; 36 F.R. 4377, Mar. 5, 1971) § 6–1.105 Exclusions.

Certain Department of State policies and procedures which come within the scope of this chapter nevertheless may be excluded from the DOSPR. These exclusions include the following categories:

(a) Subject matter which bears a security classification.

(b) Policy or procedure which is expected to be effective for a period of less than six months.

(c) Policy or procedure which is being instituted on an experimental basis for a reasonable period. (Redesignated, 31 F.R. 10193, July 28, 1966) 86-1.106 Issuance.

Regulations contained in the DOSPR deemed necessary for business concerns, and others properly interested, to understand basic and significant Department of State procurement policies are published in the Code of Federal Regulations (CFR) as Chapter 6 of Title 41, Public Contracts, and are published in issues of the FEDERAL REGISTER and in separate loose-leaf volume form. (Redesignated, 31 F.R. 10193, July 28, 1966) $ 6-1.107 Arrangement. (Redesignated, 31 F.R. 10193, July 28, 1966)

$ 6–1.107-1 General plan.

supplement and deviate from the FPRThe DOSPR conform with the style

DOSPR. Chapter 19A of IAPR applies and arrangement of the FPR.

only to overseas procurement of USIA. (Redesignated, 31 F.R. 10193, July 28, 1966)

(31 F.R. 10193, July 28, 1966) $ 6-1.107–2 Numbering.

8 6–1.109 Control of deviations. Material in the DOSPR which imple

In the interest of establishing and ments or deviates from related material

maintaining uniformity to the greatest in the FPR is captioned and numbered

extent feasible, deviations from the FPR

System shall be kept to a minimum and to correspond with such material in the

controlled as follows: FPR, except that while the first digit of the FPR number is 1, the first digit of

(a) Requests for deviations from the the DOSPR number is 6. Material in

FPR and from the DOSPR, in individual the DOSPR which supplements the FPR

cases and in classes of cases, shall be

submitted by memorandum. A statewill be assigned numbers 50 or above at the part, subpart, section, or subsection

ment setting forth the nature of the

deviation and the reasons for the special at which there is no counterpart material in the FPR. For an example, see

action sought shall be included with the section 6–1.350. Where material in the

request, and a copy thereof shall be in

cluded in the contract file. FPR requires no implementation or devi

(b) Deviations from the FPR and the ation there is no corresponding number in the DOSPR. Thus, there are gaps in

DOSPR in individual cases, and from the the DOSPR sequence of numbers where

DOSPR, in classes of cases, may be authe FPR as written are applicable to

thorized by the Chief, Supply and TransDepartment of State procurement.

portation Services Division or his desig

nee, or, in foreign buildings procure(Redesignated, 31 F.R. 10193, July 28, 1966)

ment operations, by the Director, Office $ 6–1.107–3 Citation.

of Foreign Buildings or his designee. The DOSPR will be cited in the same

(c) Deviations from the FPR in classes manner as the FPR are cited. Thus, this of cases will be considered jointly by the section, when referred to in divisions of Department of State and the General the FPR System, should be cited as "sec- Services Administration (GSA) unless tion 6–1.107–3 of this chapter.” When circumstances preclude such effort. In this section is referred to formally in such case, the Chief, Division of Supply official documents, such as legal briefs, and Transportation Services or the DiIt should be cited as “41 CFR 6–1.107-3."

rector, Office of Foreign Buildings, as Any section of the DOSPR may be in- appropriate, will approve such class deformally identified, for purposes of brev- viations as he determines necessary and ity, as "DOSPR" followed by the section will notify GSA of such action. number, such as “DOSPR 6–1.107-3." (31 F.R. 6622, May 4, 1966) (Redesignated, 31 FR. 10193, July 28, 1966)

Subpart 6-1.2-Definition of Terms $ 6-1.108 Relationship of the DOSPR,

SOURCE: The provisions of this Subpart FPR, and IAPR.

6–1.2 appear at 28 F.R. 7779, July 31, 1963, (a) The regulations in the DOSPR unless otherwise noted. Implement, supplement, and in some in

$ 6–1.201 Definitions. stances deviate from the FPR. Implementing material is that which expands

For the purpose of this chapter, and upon or indicates the manner of com

unless otherwise indicated, the following pliance with related FPR material. De

terms have the meanings set forth in this viating material is defined in § 1-1.009.

subpart. Supplementing material is that for $ 6–1.250 Government. which there is no counterpart in the

"Government” means the Government FPR.

of the United States of America unless (b) The FPR as edited for the Foreign Service and the DOSPR have been

specifically stated otherwise. adopted in general for use by the U.S.

86-1.251 Department. Information Service. They are to be "Department” means the Department used with the U.S. Information Agency of State, including all of its activities Regulations (IAPR) which implement, wherever located.

86-1.252 Post.

"Post” means a diplomatic or consular post of the United States of America. § 6-1.253 Local procurement.

"Local procurement” means procurement by a post in the country in which the post is located. $ 6-1.254 Third country procurement.

“Third country procurement” means procurement by a post in a country other than the country in which the post is located and other than the United States. $ 6–1.255 Central supply post.

"Central supply post” means a post designated to:

(a) Assist and supervise constituent supply posts in the acquisition of personal property and nonpersonal services, and/or

(b) Accomplish its own acquisition of personal property and nonpersonal services without supervision in connection therewith from another post. & 6–1.256 Constituent supply post.

“Constituent supply post” means any post other than a central supply post. 86-1.257 Supplies.

“Supplies" means personal property, including equipment. 8 6–1.258 Service contracts. (32 F.R. 12115, Aug. 23, 1967) 86-1.258-1 Nonpersonal service con

tracts. (a) Nonpersonal service contracts are those providing for services to be rendered to the Government, by individuals or organizations, under which:

(1) The Government does not directly supervise the maner of performance of the work and, in the case of organizations, does not reserve the right of selection or dismissal of individual employees; and

(2) The services are of such a nature that:

(i) They are not usually performed by employees; or

(ii) they may be more practicably and economically procured by contract.

(b) The types of services that are usually rendered by employees may vary from country to country. Therefore Contracting Officers, both within and outside the United States, should consult

their respective Personnel units for guidance in making this determination. (32 F.R. 12116, Aug. 28, 1967) § 6-1.258–2 Personal service contracts. (See section 912.7–2a, Volume 3, Foreign Affairs Manual.) (82 FR. 12116, Aug. 23, 1967)

Subpart 6-1.3—General Policies $ 6–1.302 Procurement sources. (28 F.R. 7779, July 31, 1968) 8 6–1.302-1 General.

(a) Use of the Federal Prison Industries as a source of supply is not required in connection with supplies which are both procured and used outside the United States. In addition, pursuant to Federal Prison Industries clearance number C-99360 of the Federal Prison Industries as a source of supply is not required in connection with supplies which are procured inside the United States by posts for use outside United States where the aggregate amount involved in a transaction does not exceed $2,500. Use of the other sources of supply referred to in § 1-1.302–1(a) is not required in connection with supplies which are procured either inside or outside the United States for use outside the United States.

(b) Notwithstanding $ 6–1.302–1(a), in obtaining supplies or services to be used outside the United States the sources of supply listed § 1-1.302–1(a) shall be used wherever, in the judgment of the procurement officer, requirements can be met satisfactorily on a timely basis by using such sources and the use of these sources is prudent and otherwise in the national interest. (29 F.R. 12070, Aug. 25, 1964) 86-1.302–3 Procurement from employ

ees of the Government. No procurement of supplies, equipo ment or services may be made from any employee of the Government through contract, purchase order or any other method of procurement, except where & service or product is not otherwise obtainable and such a determination is made in writing by the principal oficer or the Chief, Supply and Transportation Services Division and retained as a part of the procurement file. (31 F.R. 6623, May 4, 1966)

$ 6–1.350 Procurement by posts within

the United States. Posts are authorized to make small purchases, as provided for in § 6–3.605 of this chapter, directly from sources within the United States. (33 F.R. 570, Jan, 17, 1968) 8 6–1.351 Numbering contracts. (30 F.R. 7247, May 29, 1965) 86-1.351-1 Policy.

Expenditure and sales contracts required to be numbered are:

(a) Formally advertised contracts.

(b) Negotiated contracts in excess of $2,500.

(c) Construction contracts.

(d) All other contracts involving more than one payment or collection regardless of amount. (80 F.R. 7247, May 29, 1966) $ 6–1.351-2 Contract register.

Registers of numbered contracts will be established and maintained by contract number, contractor, commodity and period of time on a continuing basis. (30 F.R. 7247, May 29, 1966) § 6–1.351–3 Numbering.

(a) Post series. The post series shall contain all written contracts except those contracts described in paragraphs (b) and (d) of this section. The post series shall be numbered in the following manner:

(1) The capital letter S, signifying the Department of State;

(2) The contract symbol number of the post making the procurement;

(3) The small letters fa preceded by a dash, signifying foreign administration; and

(4) A number preceded by a dash to be assigned to each contract in the post series.

(5) When contracting for another post, the post making the contract shall use their own symbol and series number plus the name of the post for whom procurement is made. For example, the third contract in the post series for Accra would be numbered S 424-8-3.

(b) FBO series. The FBO series shall contain all post issued written contracts utilizing ofice of Foreign Buildings funds including real estate leases utilizing Foreign Buildings funds or other funds. Contracts in the FBO series shall

be numbered in the same manner as for the post series except that the letters "FBO" shall be used in lieu of the letters "fa". For example, the third contract in the FBO series for Accra would be numbered S424_FBO-3.

(c) Department's Washington series. The Department's Washington series shall contain all written contracts for procurement awarded by the Department from an office located within the United States except those contracts prepared for another agency under paragraph (d) of this section. The contract number shall consist of the letters "SCC" followed by a dash and the number assigned to the contract from the Washington series. For example, the third contract in the Department's Washington series would be numbered SCC-3.

(d) Contracts for other Federal agencies. Contracts prepared for other Federal agencies may be numbered in the post series or, if requested by the agency being served, in accordance with their request.

(e) Reopening of post. If a post is closed and subsequently reopened, the same contract symbol shall be used and the contract number shall start with the next consecutive number following the last number used before the post was closed.

(f) Amendment. Contract changes and modifications will be assigned the same number as the related contract followed by the words "Amendment No. ." with the amendments numbered consecutively beginning with number"1" for each contract. (30 F.R. 7247, May 29, 1965) § 6-1.351-4 Contract file.

Upon execution of a numbered contract, a contract file shall be established which shall contain a copy of the signed contract together with all supporting documents, a copy of each rejected bid or proposal together with all supporting documents, an abstract of bids showing items accepted or rejected and the reasons therefor and any other docum nts pertinent to the award and administration of the contract. (30 F.R. 7247, May 29, 1965) $ 6–1.352 Distribution of numbered

contracts. (a) Post series. The signed original together with the original SF-1036 shall be forwarded to the Department with

66-091-722

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