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(2) Contractor's name and address,
(3) A brief description of the work involved,
(4) Effective date of the document,
(5) Completion date (estimated) of the work involved,
(6) Estimated dollar amount. In addition, a copy of a notice of termination of contracts of the types described in this $ 14-51.103 shall be forwarded to the Director, Audit Operations, Office of Survey and Review, within 15 days after effective date of termination. Such notice shall contain the contract number and the contractor's name and address and the estimated dollar amount of the costs incurred by the contractor as of the effective date of termination. $ 14-51.104 Contract clauses.
The following contract clauses are prescribed for use as indicated in this $ 14-51.104. $ 14–51.104–1 Examination of records
by the Secretary of the Interior. The following contract clause is prescribed for use in contracts listed in $ 14-51.103(a). EXAMINATION OF RECORDS BY THE
SECRETARY OF THE INTERIOR (a) The contractor shall maintain books, records, documents, and other evidence and accounting procedures and practices, suffcient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this contract. The foregoing constitute "records" for the purposes of this clause.
(b) The contractor's plants, or such part thereof as may be engaged in the performance of this contract, and his records shall be subject at all reasonable times to inspection and audit by the Secretary or his authorized representatives. In addition, the Secretary, or his authorized representatives, shall, until the expiration of 3 years from the date of final payment under this contract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations, whichever expires earlier, have the right to examine those books, records, documents, papers, and other supporting data which involve transactions related to this contract along with the computations and projections used therein.
(c) The contractor shall preserve and make available his records (1) until the expiration of 3 years from the date of final payment under this contract, or of the time periods for the particular records specified
in Part 1-20 of the Federal Procurement Regulations, whichever expires earlier, and (2) for such longer period, if any, as is required by applicable statute, or by other clauses of this contract, or by (1) or (u) below.
(1) If this contract is completely or par. tially terminated, the records relating to the work terminated shall be preserved and made available for a period of 3 years from the date of any resulting final settlement. (ii) Records which relate to (A) appeals under the “Disputes" clause of this contract, (B) litigation or the settlement of claims arising out of the performance of this contract, or (C) costs and expenses of this contract as to which exception has been taken by the contracting officer or any of his duly authorized representatives, shall be retained until such appeals, litigation, claims, or exceptions have been resolved.
(d) The contractor shall insert the substance of clause, including the whole of this paragraph (d), in each subcontract hereunder. When so inserted, changes shall be made to designate the higher-tier subcontractor at the level involved in place of the contractor; to add "of the Government prime contract" after “contracting officer"; and to substitute "the Government prime contract" in place of "this contract" in (B) of paragraph (c) above. $ 14–51.104–2 Audit of contract changes
or modifications. The following clause shall be included in all contracts, which are estimated to exceed $100,000, except those listed in $ 14-51.103:
AUDIT OF CHANGES OR MODIFICATIONS The “Examination by the Secretary of the Interior of Records of Contract Changes or Modifications" clause contained in the Interior Procurement Regulations at $ 14 51.104–3 shall be included in every change order or modification under this contract which results in a net price adjustment (increase or decrease) in excess of $100,000. § 14–51.104–3 Examination of contract
changes modifications records
clause. The following clause is prescribed for use in contract changes or modifications which result in a net price adjustment (increase or decrease) in excess of $100,000 in accordance with the “Audit of Changes or Modifications" in § 14-51.104-2: EXAMINATION THE SECRETARY OF
INTERIOR OF RECORDS OF CONTRACT CHANGES OR MODIFICATIONS
(a) For the purpose of verifying that the cost or pricing data submitted in conjunc
tion with this contract change or modification were accurate, complete and current, the Secretary of the Interior or his authorized representatives, shall, until the expiration of 3 years from the date of final payment under the contract of which this change or modification is a part, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations, whichever expires earlier, have the right to examine those books, records, documents, papers and other supporting data which involve transactions related to this change or modification or which will permit adequate evaluation of the cost or pricing data submitted, along with the computations and projections used therein.
(b) If the contract of which this change or modification is a part is completely or partially terminated and the work so terminated is included in this change or modification the records relating thereto shall be preserved and made available for 3 years from the date of any resulting final settlement.
(C) If the records concerning this change or modification relate to (1) appeals under the contracts “Disputes" clause, (2) litigation or settlement arising out of the performance of the contract, or (3) costs and expenses of the contract to which the contracting officer or his authorized representative have taken exception, they shall be retained until such time as such appeals, litigation, claims, or exceptions have been resolved. $ 14–51.105 Payments under contracts
subject to audit. § 14–51.105-1
Submission and processing of invoices or vouchers. (a) Contractors shall be required to submit invoices or vouchers as directed by the contract provisions. The processing of invoices or vouchers prior to payment for work or services rendered shall include a review by the contracting offcer, or his designated representative, to determine that the nature of items and amounts claimed are in consonance with the contract terms, represent prudent business transactions, and are within any stipulated contractual limitations. If the contractor has not deducted from his claim amounts which are questionable or which are required to be withheld, the contracting officer shall make the required deduction, except as provided in $ 14-51.105–2.
(b) Provisional approval by the contracting officer of any payment, including any specific approval as to the nature or amount of a cost shall be noted on (or attached to) the invoice or voucher (see, for example, $ 1-15.107 of this title
regarding advance understandings on particular cost items). The invoice or voucher shall be forwarded to the appropriate accounting center and retained therein after certification and scheduling to a disbursing office for payment. 8 14–51.105–2 Action upon receipt of
an audit report. Audit reports shall be furnished to the contracting officer. Upon receipt of an audit report, the contracting officer shall, pursuant to contract terms, determine the allowability of all costs covered by audit, giving full consideration to the auditor's recommendations. Where the contracting officer is in doubt or questions the recommendations of the auditor, deductions need not be made from invoices or vouchers for provisional payments. The contracting officer in such cases, however, shall confer with the auditor and other appropriate Government personnel (such as a price specialist or legal counsel) to determine what further action should be taken regarding the items of cost in question. If the contracting ofñcer disagrees with the audit recommendations, the contracting officer shall prepare a statement for the contract file to support and justify his decision and for informational purposes shall forward a copy of such statement to the Director, Audit Operations, Office of Survey and Review. (See also § 1-3.811 of this title.) § 14–51.105–3 Suspensions and disap
provals of amounts claimed. The contracting officer shall notify the appropriate certifying officer in writing when amounts claimed for payment are (a) suspended tentatively, (b) disapproved as not being allowable according to contract terms, or (c) not reasonably incident or allocable to performance of the contract. Such notice by the contracting officer shall be the basis for the issuance by the certifying officer of a statement to be attached to each copy of the invoice or voucher from which the deduction has been made, explaining the reasons for the deduction. $ 14-51.106 Waiver.
The contracting officer and the Director, Office of Survey and Review, may agree to limit the application of specific contract audit requirements in individual cases such as where the possible cost/
benefits ratio of the audit do not warrant the assignment of audit resources or where audit resources are unavailable; provided, that the stated urgency of a proposed procurement or other contract action shall not alone be justification for such a waiver and provided the waiver is made within the terms of the Federal
Procurement Regulations. As much time as possible should be allowed by contracting officers for the audit work. Except under unusual circumstances, at least 30 days should be allowed for the review of the contractors' proposals pursuant to § 1-3.809 of the Federal Procurement Regulations in this title.
CHAPTER 14H-BUREAU OF INDIAN AFFAIRS,
DEPARTMENT OF THE INTERIOR
14H-1.4044 Assignment of duties to conAUGUST 19, 1969.
tracting officers. Sec.
14H-1.451 Delegation and redelegation of 14H-1.000 Scope of part.
authority and designation of
contracting officers. Subpart 14H-1.0—Regulation System
14H-1.451-2 Designation of contracting of14H-1.001 Scope of subpart.
A positions. 14H-1.002 Purpose.
14H-1.451–6 Limitation of contracting offi14H-1.003 Authority.
cer authority. 14H-1.004 Applicability. 14H-1.006 Issuance.
AUTHORITY: The provisions of this part 14H-1.006-1 Code arrangement.
14H-1 issued under sec. 205(c), 63 Stat. 390; 14H-1.006-2 Publication.
40 U.S.C. 486 (c). 141.1.007 Arrangement.
SOURCE: The provisions of this Part 14H-1 14H-1.007-1 General plan.
appear at 34 F.R. 13659, Aug. 26, 1969, unless 14H-1.007-2 Numbering.
otherwise noted. 14H-1.007-3 Citation. 14H-1.008 Agency implementation.
§ 14H-1.000 Scope of part. 14H-1.009 Deviation.
(a) This part establishes a system for 14H-1.009-2 Procedure.
the codification and publication of poliSubpart 14H-1.2-Definition of Terms cies and procedures of the Bureau of In14H-1.205 Procuring activity.
dian Affairs (Bureau) regulations which 14H-1.206 Head of the procuring activity.
implement, supplement or deviate from
the Federal Procurement Regulations Subpart 14H-1.3-General Policies
(FPR) and Interior Procurement Regu14H-1.302 Procurement sources.
lations (IPR), when appropriate. 14H-1.302-3 Contracts between the Govern.
(b) The Federal Procurement Regulament and Government em
tions are published as Chapter 1 of this ployees or business concerns
title. The Interior Procurement Regulasubstantially owned or controlled by Government em
tions which implement and supplement ployees.
the FPR are published as Chapter 14 of
this title. The Bureau Procurement RegSubpart 14H-1.4-Procurement Responsibility
ulations which implement and suppleand Authority
ment the FPR and IPR are published as 14H-1.402 Authority of contracting off- Chapter 14H of this title. It is the basic cers.
policy of the Bureau to apply the Fed14H-1.404 Selection, designation and termination of designation of
eral Procurement Regulations and the contracting officers.
Interior Procurement Regulations. Thus, 14H-1.404–2 Designation.
as to most elements of the procurement 148-1.4043 Termination of designation. process, substantive guidelines will be
found by reference to those regulations § 14H-1.007-3 Citation. in the order mentioned.
Using this section as an example Subpart 14H-1.0— Regulation System
BIAPR should be cited as, “BIAPR
14H-1.007-3." When referred to for8 14H-1.001 Scope of subpart.
mally in official documents such as legal This su part establishes the Bureau of
briefs, the section should be cited as “41 Indian Affairs Procurement Regulations
CFR 14H-1.007-3." (BIAPR) and states their relationship § 14H-1.008 Agency implementation. to the Federal Procurement Regulations
(a) It is Bureau policy to utilize FPR (FPR) and the Interior Procurement
and IPR to the fullest extent possible in Regulations (IPR).
the conduct of all procurement matters. $ 14H-1.002 Purpose.
The Bureau will conform to this policy by This subpart establishes for the Bu
avoiding implementation, supplementareau uniform policies and procedures re
tion, or deviation from FPR and IPR unlated to procurement of personal prop
less compelling reasons exist for doing so.
(b) FPR and IPR shall be applicable erty, nonpersonal services, construction, and real property by lease.
as issued unless implemented, supple
mented, or deviated from in BIAPR. § 14H-1.003 Authority.
(c) Matters which pertain to proBIAPR are prescribed by the Commis
curement but are primarily for internal sioner of Indian Affairs (Commissioner)
guidance whether or not related to the under the Federal Property and Admin
material in FPR and IPR, will be issued istrative Services Act of 1949,
as Bureau of Indian Affairs Procurement amended, or other authority specifically
Instructions (BIAPI). To simplify usage cited.
of BIAPI in conjunction with FPR, IPR
and BIAPR the same system and format $ 14H-1.004 Applicability.
used for those regulations will be folBIAPR apply to all procurement ac
lowed. A yellow colored paper will be tivities of the Bureau to the extent indi
used for BIAPI. cated, unless otherwise provided by law.
$ 14H-1.009 Deviation. $ 14H-1.006 Issuance.
§ 14H-1.009-2 Procedure. § 14H-1.006-1 Code arrangement.
Deviations from FPR and IPR by the BIAPR are issued in the Code of Fed.
Bureau will be kept to a minimum and
controlled as follows: eral Regulations as Chapter 14H of Title 41, Public Contracts and Property Man
(a) Requests for approval of deviaagement. BIAPR contain the alphabeti
tions may be submitted by contracting
officers to the Commissioner. The recal letter “H” which identifies the Bureau and which immediately follows
quests shall cite the specific part of FPR, the Code (14) which identifies the De
or IPR, from which it is desired to partment as illustrated in IPR.
deviate, shall set forth the nature of
the deviations, and shall give the rea$ 14H-1.006–2 Publication.
sons for the action requested. Requests BIAPR will be published in the FED
considered meritorious will be submitted ERAL REGISTER and in separate looseleaf
for approval as provided for in IPR. form on salmon colored paper.
No deviation shall be effective until
approved. § 14H-1.007 Arrangement.
Subpart 14H-1.2-Definition of Terms $ 14H-1.007-1 General plan.
$ 14H-1.205 Procuring activity. The general plan, numbering system,
"Procuring activity" means the Buand nomenclature used in FPR and IPR, which conform to the FEDERAL REGISTER
reau of Indian Affairs in which authority
to contract for the procurement of perstandards, are adhered to in BIAPR.
sonal property, nonpersonal services, and § 14H-1.007–2 Numbering.
construction is vested. For ease in identification, the number- § 14H-1.206 Head of the procuring ing system and part, subpart, and sec
activity. tion titles used in FPR, and in IPR are "Head of the procuring activity" also used in BIAPR.
means the Commissioner.