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DOS central agency control point for all DOSAR deviations.

601.471 Procedures.

(a) The head of the contracting activity (see 601.603–70) shall submit to the Procurement Executive a written request for each deviation from the FAR or the DOSAR, whether for individual cases, classes of cases, or deviations pertaining to treaties and executive agreements. Each request for a deviation shall state

(1) The nature of the deviation requested, including whether an individual or class deviation is requested;

(2) The FAR or DOSAR regulation from which the deviation is requested;

(3) The circumstances under which the deviation would be used;

(4) The effect intended by the deviation; and

(5) The expiration date recommended for the deviation.

(b) With the request for a deviation, the head of the contracting activity shall submit all pertinent documentation supporting the request.

(c) The contracting officer shall include in the contract file a copy of each authorized deviation that pertains to the acquisition.

601.602 Contracting officers. 601.602–1 Authority.

(a) DOS contracts are let pursuant to the foreign affairs management responsibilities conferred on the Secretary of State (22 U.S.C. 2656), and the various laws, regulations, and Executive Orders relating thereto.

(b) Except as otherwise provided by law, DOS regulations, and this DOSAR, the Procurement Executive has the authority to execute, award, and administer contracts, purchase orders, other contractual arrangements, and other agreements, including interagency agreements, for the expenditure of funds involved in the acquisition of personal property, services, and for the sale of personal property. The Procurement Executive may further delegate this authority to those DOS employees appointed or designated to the contracting activities enumerated in 601.603–70.

(c) The contracting officer shall not award, modify, or terminate a contract unless all reviews, clearances, and approvals prescribed in the FAR or the DOSAR have been obtained, and all applicable requirements of law, the FAR, the DOSAR, and other regulations have been met. (53 FR 26159, July 11, 1988, as amended at 55 FR 5774, Feb. 16, 1990)

Subpart 601.5-Agency and

Public Participation

601.570 Rule making.

(a) The DOSAR is promulgated and may be revised, as necessary, in accordance with section 22 of the Office of Federal Procurement Policy Act, Pub. L. 93 400, as amended (41 U.S.C. 418b).

(b) The Procurement Executive shall either accomplish or concur in all DOS acquisition rule making.

601.602-3 Ratification of unauthorized

commitments. (b) Policy. (1) The Government generally is not bound by unauthorized commitments. Unauthorized commitments violate the Federal Property and Administrative Services Act, other Federal laws, the FAR, the DOSAR, and proper acquisition practice. Therefore, such unauthorized commitments are serious violations that usually necessitate disciplinary action agaisnt the transgressor.

(2) The authority to ratify an unauthorized contractual commitment is reserved to the Procurement Executive.

(3) Unauthorized contractual commitments that would involve claims subject to resolution under the Contracts Dispute Act of 1978 shall be processed in accordance with FAR Subpart 33.2 and Subpart 633.2.

Subpart 601.6—Contracting Authority and Responsibilities

601.601 General.

The Procurement Executive is the agency head for the purposes of FAR 1.601.

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CHAPTER 6-DEPARTMENT OF STATE

(Parts 600 to 699)

SUBCHAPTER A-GENERAL

Page

Part 601

535 540

602 603

Department of State acquisition regulations sys

tem ...
Definitions of words and terms
Improper business practices and personal conflicts

of interest ....
Administrative matters

540 542

604

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SUBCHAPTER B-COMPETITION AND ACQUISITION PLANNING

Publicizing contract actions
Competition requirements
Acquisition planning
Required sources of supplies and services.
Contractor requirements ....

605 606 607 608 609

.....

544 545 546 546 547

SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT TYPES

613

614 615 616 617

Small purchase and other simplified purchase pro

cedures
Sealed bidding .........
Contracting by negotiation ...
Types of contracts
Special contracting methods

551 552 553 554 555

SUBCHAPTER D-SOCIOECONOMIC PROGRAMS

619

557

622

Small business and small disadvantaged business

concerns
Application of labor laws to government acquisi-

tions
Environment, conservation, occupational safety,

and drug-free workplace
Protection of privacy and freedom of information

560

623

561 562

624

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ices Act of 1949, as amended (40 U.S.C. 474(7)), or undertaken pursuant to section 208 of the State Department Basic Authorities Act of 1956, as amended (22 U.S.C. 4308).

(b) At posts where Joint Administrative Offices have been formed, the FAR and the DOSAR apply to all Agency for International Development (AID) administrative and technical support acquisitions, except in those areas which have been exempted by the cognizant administrative office.

(ii) Subpart would be “DOSAR Subpart 609.4" outside the DOSAR and “Subpart 609.4" within the DOSAR.

(iii) Section would be "DOSAR 609.407" outside the DOSAR and “609.407” within the DOSAR.

(iv! Subsection would be “DOSAR 609.407–3” outside the DOSAR 2nd "609.407–3" within the DOSAR.

(v) Paragraph would be “DOSAR 609.407–3(a)" outside the DOSAR and “609.407-3(a)" within the DOSAR.

(2) When any part, subpart, section, subsection, or paragraph of the DOSAR is referenced formally in official documents such as legal briefs, it shall be prefaced by “48 CFR.”

Subpart 601.4-Deviatic is from

the FAR

601.403 Individual deviations.

The Procurement Executive is the agency head's designee for the purposes of FAR 1.403. The Office of the Procurement Executive is the DOS central agency control point for furnishing to the FAR Secretariat a copy of each ap pioved deviation.

601.303 Publication and codification.

(a) The DOSAR is issued as Chapter 6 of Title 48, Code of Federal Regulations. The DOSAR is established as Chapter 6 of the Federal Acquisition Regulations System. The DOSAR is divided into the same parts, subparts, sections, subsections, and paragraphs as is the FAR. However, when the FAR coverage is adequate by itself there will be no corresponding DOSAR coverage. Where the DOSAR implements a specific part, subpart, section, or subsection of the FAR, the DOSAR Coverage is numbered and titled to correspond to the appropriate FAR number and title, except that the DOSAR number will include a 6 or 60 such that there will always be three numbers to the left of the decimal. For example, the DOSAR implementation of FAR 14.1 is shown as 614.1 and the DOSAR implementation of FAR 1.301 is shown as 601.301. Materials that supplement the FAR are assigned the numbers 70 and up. For example, DOSAR requires additional definitions than those used in FAR; this supplementary material is provided in 602.101–70.

(b) The DOSAR and its revisions are published in the FEDERAL REGISTER and in the Code of Federal Regulations, both of which may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.

(c)(1) The DOSAR shall be referenced in the same manner as described at FAR 1.104-2(c). Using the DOSAR COVerage at 609.407-3(a) as a typical illustration, reference to the

(i) Part would be “DOSAR Part 609" outside the DOSAR and “Part 609" within the DOSAR.

601.404 Class deviations.

The Procurement Executive is the agency head's designee for the purposes of FAR 1.404(a). The Office of the Procurement Executive is the DOS central agency control point for furnishing to the FAR Secretariat a copy of each approved class deviation.

601.405 Deviations pertaining to trea

ties and executive agreements. The Procurement Executive shall determine whether a deviation pertaining to treaties and executive agreements is authorized under FAR 1.405 or that a request for deviation is required under FAR 1.405(e). The Office of the Procurement Executive is the DOS central agency control point for deviations pertaining to treaties and executive agreements; that office shall provide to the FAR Secretariat a copy of each ap proved deviation.

601.470 Deviations from the DOSAR

The authority to approve any deviations from the DOSAR is reserved to the Procurement Executive. The Office of the Procurement Executive is the

SUBCHAPTER A-GENERAL

PART 601-DEPARTMENT OF STATE as to provide a complete, logical, and

ACQUISITION REGULATIONS SYS- comprehensive publication.
TEM

Subpart 601.2-Administration Sec.

601.201 Maintenance of the FAR. 601.000 Scope of part. Subpart 601.2-Administration

601.201-1 The two councils.

The Office of the Procurement Exec601.201 Maintenance of the FAR.

utive represents the Department of 601.201-1 The two councils.

State (DOS) on the Civilian Agency ACSubpart 601.3-Agency Acquisition

quisition Council. The Procurement Regulations

Executive shall appoint said represent

ative for this purpose. The Office of the 601.301 Policy.

Procurement Executive is responsible 601.302 Limitations.

for coordinating with all interested 601.303 Publication and codification.

DOS elements proposed FAR revisions

and for advocating FAR revisions Subpart 601 A-Deviations from the FAR

sought by the Department. 601.403 Individual deviations. 601.404 Class deviations.

Subpart 601.3-Agency 601.405 Deviations pertaining to treaties Acquisition Regulations

and executive agreements. 601.470 Deviations from the DOSAR.

601.301 Policy. 601.471 Procedures.

(a) The Assistant Secretary for AdSubpart 601.5-Agency and Public ministration is the agency head for the Participation

purposes of FAR 1.301. Under Delega

tion of Authority No. 120-3 (51 FR 16768, 601.570 Rule making.

May 6, 1986), the Assistant Secretary

for Administration redelegated to the Subpart 601.6-Contracting Authortly and Responsibilities

Procurement Executive the authority

to prescribe, promulgate, and amend 601.601 General.

DOS acquisition policies, rules, and 601.602 Contracting officers.

regulations. 601.602-1 Authority.

(b) The Department of State Acquisi601.6023 Ratification of unauthorized com- tion Regulation (DOSAR) is prescribed mitments.

under the authority of 22 U.S.C. 2658 601.6023-70 Procedures.

and 40 U.S.C. 486(c) (Title II, Chapter 601.603 Selection, appointment, and termi

288, section 205(c) of the Federal Propnation of appointment.

erty and Administrative Services Act 601.6033 Appointment. 601.603-70 Delegations of authority.

of 1949, as amended).

(c) The DOSAR implements and supAUTHORITY: 22 U.S.C. 2658; 40 U.S.C. 486(c);

plements the FAR. Deviations, as de48 CFR Subpart 1.3.

fined in FAR 1.401, are processed in acSOURCE: 53 FR 26159, July 11, 1988, unless cordance with FAR Subpart 1.4 and otherwise noted.

Subpart 601.4. 601.000 Scope of part.

601.302 Limitations. This part describes the Department (a) The FAR and the DOSAR apply to of State Acquisition Regulation all DOS acquisitions of personal prop(DOSAR) in terms of establishment, re- erty and services, including construclationship to the Federal Acquisition tion, both within and outside the UnitRegulation (FAR), arrangement, appli- ed States, unless expressly excluded by cability, and deviation procedures. AC- this subpart, or exempt from the Fedquisition procedures are integrated so eral Property and Administrative Serv

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