or legal counsel) to determine what further action should be taken regarding the items of cost in question. If the contracting officer 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 Office of Audit and Investigation. The contracting officer shall also furnish a written notice to the Office of Audit and Investigation stating the action taken to recover questioned costs in which the contracting officer concurs with the audit recommendations. Such notices, as well as copies of statements pertaining to non-concurrence with audit recommendations, shall be forwarded to the Office of Audit and Investigation within 90 calendar days following issuance of the cor responding audit reports. (See also § 13.811 of this title.) [39 FR 15399, May 3, 1974, as amended at 40 FR 10468, Mar. 6, 1975] § 14-63.105-3 Suspensions and dis approvals 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 allowable 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. 14H-1.006-1 14H-1.006-2 14H 1.007 General plan. 14H-1.007-2 Numbering. Agency implementation. Applicability. Issuance. Publication. 14H-1.404-3 Code arrangement. 14H-1.451 Arrangement. 14H-1.007-1 14H-1.007-3 14H-1.008 14H-1.009 14H-1.009-2 Subpart 14H-1.205 14H-1.206 14H-1.270 14H-1.270-1 Citation. Deviation. Procedure. 14H-1.2-Definition of Terms Procuring activity. Head of the procuring activity. Definitions and terms pertaining to contracts with Indian tribes. Reservation program. 14H-1.270-2 Indian reservation. 14H-1.270-3 Indian tribe. Selection, designation and termination of designation of contracting officers. 14H-1.404-2 Designation. Termination of designation. 14H-1.404-4 Assignment of duties to con tracting officers. Delegation and redelegation of authority and designation of contracting officers. 14H-1.451-2 Designation of contracting officer positions. 14H-1.451-6 Limitation of contracting offcer authority. AUTHORITY: The provisions of this Part 14H-1 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c). SOURCE: The provisions of this Part 14H-1 appear at 34 F.R. 13659, Aug. 26, 1969, unless otherwise noted. § 14H-1.000 Scope of part. (a) This part establishes a system for the codification and publication of policies and procedures of the Bureau of Indian Affairs (Bureau) regulations which implement, supplement or deviate from the Federal Procurement Regulations (FPR) and Interior Procurement Regulations (IPR), when appropriate. (b) The Federal Procurement Regulations are published as Chapter 1 of this title. The Interior Procurement Regula tions which implement and supplement the FPR are published as Chapter 14 of this title. The Bureau Procurement Regulations which implement and supplement the FPR and IPR are published as Chapter 14H of this title. It is the basic policy of the Bureau to apply the Federal Procurement Regulations and the Interior Procurement Regulations. Thus, as to most elements of the procurement process, substantive guidelines will be found by reference to those regulations in the order mentioned. Subpart 14H-1.0-Regulation System § 14H-1.001 Scope of subpart. This subpart establishes the Bureau of Indian Affairs Procurement Regulations (BIAPR) and states their relationship to the Federal Procurement Regulations (FPR) and the Interior Procurement Regulations (IPR). § 14H-1.002 Purpose. This subpart establishes for the Bureau uniform policies and procedures related to procurement of personal property, nonpersonal services, construction, and real property by lease. BIAPR apply to all procurement activities of the Bureau to the extent indicated, unless otherwise provided by law. § 14H-1.006 Issuance. § 14H-1.006-1 Code arrangement. BIAPR are issued in the Code of Federal Regulations as Chapter 14H of Title 41, Public Contracts and Property Management. BIAPR contain the alphabetical letter "H" which identifies the Bureau and which immediately follows the Code (14) which identifies the Department as illustrated in IPR. § 14H-1.006-2 Publication. BIAPR will be published in the FEDERAL REGISTER and in separate looseleaf form on salmon colored paper. § 14H-1.007 Arrangement. The general plan, numbering system, and nomenclature used in FPR and IPR, which conform to the FEDERAL REGISTER standards, are adhered to in BIAPR. § 14H-1.007-2 Numbering. For ease in identification, the numbering system and part, subpart, and section titles used in FPR, and in IPR are also used in BIAPR. § 14H-1.007-3 Citation. Using this section as an example BIAPR should be cited as, "BIAPR 14H-1.007-3." When referred to formally in official documents such as legal briefs, the section should be cited as "41 CFR 14H-1.007-3." § 14H-1.008 Agency implementation. (a) It is Bureau policy to utilize FPR and IPR to the fullest extent possible in the conduct of all procurement matters. The Bureau will conform to this policy by avoiding implementation, supplementation, or deviation from FPR and IPR unless compelling reasons exist for doing so. (b) FPR and IPR shall be applicable as issued unless implemented, supplemented, or deviated from in BIAPR. (c) Matters which pertain to procurement but are primarily for internal guidance whether or not related to the material in FPR and IPR, will be issued as Bureau of Indian Affairs Procurement Instructions (BIAPI). To simplify usage of BIAPI in conjunction with FPR, IPR and BIAPR the same system and format used for those regulations will be followed. A yellow colored paper will be used for BIAPI. § 14H-1.009 Deviation. § 14H-1.009-2 Procedure. Deviations from FPR and IPR by the Bureau will be kept to a minimum and controlled as follows: (a) Requests for approval of deviations may be submitted by contracting officers to the Commissioner. The requests shall cite the specific part of FPR, or IPR, from which it is desired to deviate, shall set forth the nature of the deviations, and shall give the reasons for the action requested. Requests considered meritorious will be submitted for approval as provided for in IPR. No deviation shall be effective until approved. Subpart 14H-1.2-Definition of Terms § 14H-1.205 Procuring activity. "Procuring activity" means the Bureau of Indian Affairs in which authority to contract for the procurement of personal property, nonpersonal services, and construction is vested. § 14H-1.206 Head of the procuring activity. "Head of the procuring activity" means the Commissioner. § 14H-1.270 Definitions and terms pertaining to contracts with Indian tribes. [40 FR 12502, Mar. 19, 1975] § 14H-1.270-1 Reservation program. "Reservation program" means all or any part of a program for operating reservation activities that could be performed by an Indian tribe as determined by the Commissioner and/or authorized by law. [40 FR 12502, Mar. 19, 1975] § 14H-1.270-2 Indian reservation. "Indian reservation" means all Indian reservations, former Indian reservations in Oklahoma, and lands occupied by other Indian groups and by Alaska Native communities, including all or any part of any of the twelve regions in Alaska established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), that are recognized by the Secretary, or his designee. [40 FR 12502, Mar. 19, 1975] § 14H-1.270-3 Indian tribe. "Indian tribe" means any Indian tribe, band, nation, or other organization or community, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and includes village corporations, regional corporations, and Native associations provided for or recognized by the Alaska Native Claims Settlement Act (85 Stat. 688). [40 FR 12502, Mar. 19, 1975] § 14H-1.270-4 Indian tribal contractor. "Indian tribal contractor" means the tribal governing body of an Indian tribe as defined in § 14H-1.270-3, any public or more or private non-profit type corporation or agency which is approved by an Indian tribal governing body and which serves an Indian tribe, or any organization legally established by one Indian tribal governing bodies for the benefit of their respective members which is controlled and operated by such Indian tribal governing bodies. With respect to any reservation program, such term refers to an Indian tribe or other organization which represents the particular Indian reservation where such reservation program is located. [40 FR 12502, Mar. 19, 1975] Subpart 14H-1.3-General Policies § 14H-1.302 Procurement sources. § 14H-1.302-3 Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employees. Contracting Officers shall refer all proposed contracts with Government employees or business concerns substantially owned or controlled by Government employees to the Commissioner. Approval of the Assistant Secretary for Administration will be requested in those instances where the Commissioner determines it would be in the Government's interest to enter into such a contract. Subpart 14H-1.4-Procurement § 14H-1.402 Authority of contracting officers. The authority under this section shall be exercised in conformity with § 14H-1.451. § 14H-1.404 Selection, designation, and termination of designation of contracting officers. The authority under this section shall be exercised in conformity with § 14H-1.451. § 14H-1.404-2 Designation. The authority under this section shall be exercised in conformity with § 14H-1.451. § 14H-1.404-4 Assignment of duties to contracting officers. The requirements of this section shall be exercised in conformity with § 14H1.451. § 14H-1.451 Delegation and redelegation of authority and designation of contracting officers. Except for such limitations as are prescribed elsewhere, the authority delegated to the Commissioner with respect to all matters relating to contracting and procurement of supplies, services, and construction, except the authority to designate contracting officer positions, is hereby redelegated to the contracting officer positions designated in § 14H1.451-2. § 14H-1.451-2 Designation of contracting officer positions. (a) Each of the following organizational titles is designated as a contracting officer position: (1) Headquarters Office Officials: (ii) Deputy Commissioner. (iii) Director, Office of Administration. (iv) Chief, Contracting Staff. (v) Chief, Division of Property Management. (vi) Chief, Division of Facilities Engineering, Albuquerque, New Mexico. (vii) Chief, Indian Technical Assistance Center, Denver, Colorado. (viii) Property and Supply Officer, Administrative Services Center, Albuquerque, New Mexico. (ix) Chief, Contract and Procurement Section, Administrative Services Center, Albuquerque, New Mexico. (2) Area Office Officials: (i) Area Director. (ii) Area Administrative Officer. (iii) Area Property and Supply Officer except the Navajo Area Property and Supply Officer. (iv) Director, Seattle Liaison Office, Seattle, Washington. (v) Contract Administrator, Aberdeen Area Office. (vi) Chief, Branch of Contracting and Procurement Services, Navajo Area Office. [39 FR 38102, Oct. 29, 1974] § 14H-1.451-6 Limitation of contract ing officer authority. Contract Engineering Advisor, Portland, Oreg., is limited to the approval AUTHORITY: Act of November 2, 1921, Ch. 115, 42 Stat. 208 (25 U.S.C. 13); 41 CFR 141.008; sec. 23, Act of June 25, 1910 (36 Stat. 861, as amended; 25 U.S.C. 47). SOURCE: 40 FR 12502, Mar. 19, 1975, unless otherwise noted. Subpart 14H-3.2-Circumstances § 14H-3.210 Impractical to secure competition by formal advertising. Indian reservation programs can be performed successfully only by an Indian tribal governing body or by an entity approved by such a body. Therefore, a contract for an Indian reservation program will be made only with an Indian tribal contractor as defined in § 14H-1.270-4 of this chapter. |