sion that delivery is desired earlier than the specified date and that every reasonable effort should be made to accomplish delivery prior to that date. (4) If, because of fund limitations, storage limitations, ship sailings, etc., delivery is not acceptable before a certain date preceding the date by which delivery is required, both dates shall be shown by inserting on the order a statement such as "By (date), but not earlier than (date).”

(d) Preparation of purchase orders. Purchase documents issued pursuant to award of contract shall:

(1) In the "Ship To" block, refer the contractor to instructions in the body of the order which will provide that:

(i) In the case of shipments to civilian agencies, the contractor shall submit GSA Form 489, Application for Shipping Instructions and Notice of Availability (Export), to the Export Control Branch of the servicing region.

(ii) In the case of shipments to military activities, the contractor shall submit GSA Form 1611, Application for Export Traffic Release; Shipping Instructions; and Notice of Availability on Military Shipments, to the Export Control Branch of the servicing region.

(2) State a firm delivery time in terms of a specific calendar date. The delivery time shall be stated in the Time for Delivery block on the order form or, if the space in that block is inadequate, in the body of the order with a reference thereto in the Time for Delivery block. (For information relative to establishing time for delivery, see § 5A-74.406-3(c).)

(3) Provide for quality control inspection and preparation and distribution of GSA Form 308, Notice of Inspection, and when applicable, DD Form 250, Material Inspection and Receiving Report.

1 (4) Require the contractor to complete and mail GSA Form 1056, Notice of Shipment, to the Export Control Branch of the servicing region.

(5) Cite the regional office, by inserting the phrase "Export Servicing Region" in the lower left corner of page 1, which will furnish shipping instructions, and service the contract

to completion, including payment to the contractor and billing the requisitioning agency.

(6) Require the contractor to include a copy of packing list or a copy of his invoice, citing the agency requisition number and the GSA purchase order number in each container of the shipment.

(e) Distribution of purchase documents. (1) Documentation will include preparation of the GSA Form 300, Purchase Order (8 part); GSA Form 301, Direct Delivery Invoice; and GSA Form 364, Purchase Order (1 part) (in as many parts as deemed necessary to provide sufficient copies of the purchase order for distribution).

(2) The contracting office will forward to the supplier the original GSA Form 300, Purchase Order, and the contractor's copy of any formal contracts required in connection with the procurement. GSA Forms 1056 and 489 or 1611, as appropriate, shall be forwarded to the contractor with these documents.

(3) The contracting office will forward two copies of the invitation for bids, and the No. 8 and two unnumbered copies of the purchase order to the Chief, Quality Control Division, at the region in which the contractor's plant is located.

(4) In all situations (see § 5A-74.4061) the contracting office will forward the original of the contract, if any, and the No. 5 copy of the purchase order to the Office of Regional Data and Financial Management serving the contracting office.

(5) The contracting office will retain the original of the agency requisition (if MILSTRIP or FEDSTRIP, one copy of the plain language print out), a conformed copy of any awarded contract, the Nos. 4 and 7 copies of the purchase order, the bid tabulation and other supporting papers; and will forward to the Export Control Branch, OSO, the following:

(i) Two copies of the agency's requisition;

(ii) One reproduced copy of any contract;

(iii) The numbers 2, 3, 6, and one unnumbered copy of the GSA Form 300, Purchase Order; and

(iv) The original and two copies of GSA Form 301, Direct Delivery Invoice.

(6) The distribution instructions contained in this § 5A-74.406-3(e) are set forth in tabular form in § 5A-76.202.

(f) Purchases consigned to a GSA controlled packing facility. When contracts are awarded for items which will be consigned to a GSA controlled packing facility (GSA or commercial) for export packing, the documentation prescribed in paragraph (d) and (e) of this section shall be appropriately modified as follows:

(1) Contracts and/or purchase orders for material should provide for delivery in domestic pack (Level C), if deemed economical and practical, to the export packing facility. Inspection of the material may be either at point of origin or point of first delivery in accordance with current policies covering domestic procurements. Only such domestic packing and marking requirements as are necessary to insure safe arrival and identification of the material at the packing facility shall be included in contracts and purchase orders; and

(2) The contracting office will forward document copies to the Chief, Quality Control Division of the appropriate region when inspection is to be made at origin. If this is not the case, these copies and all other documents except those listed for retention in the contracting office in paragraph (e)(4), of this section, will be forwarded to the overseas support office.

Export Control Branch which shall be responsible for:

(1) Monitoring the processing of all export orders from date of receipt by GSA through the date the material is shipped by the servicing office. (This i is also true when such services as expediting, inspection, and determining transportation requirements are performed by a servicing region other than the overseas support office.)

(2) Receiving and issuing all communications concerning operational matters of interest to the agency, except that routine inquiries concerning specifications, lack of descriptive information, or requesting other data necessary to consummate an invitation for bid may be sent directly by the contracting office with a copy furnished to the Export Control Branch of the overseas support office.

(3) Establishing and maintaining suspense files, taking appropriate followup action when necessary, and keeping the ordering office informed when a delay in normal supply action occurs. (Action to expedite shipment of merchandise shall be taken as prescribed in paragraph (b), of this section.)

(b) Expediting shipment of material. The Export Control Branch is responsible for maintaining suspense files to determine when follow-up action is required. It shall communicate directly with contractors in expediting deliveries in those cases which specify destination inspection. Where source inspection is specified, follow-up with the vendor will be accomplished by the ECB through the Quality Control Division in the region where the material is located.

(c) Shipments diverted by military transportation authorities. There may be cases where the contract has been awarded f.o.b. contractor's plant and the servicing office selected on the basis of the port used for evaluation of transportation costs but, upon request for Military Export Traffic Release, the MTMTS directs shipment via a port located in another region. In these cases, the regional TCS, prior to the issuance of shipping instructions, will obtain approval of the appropriate FSS contracting office. TCS will ar

range with the region in whose area that port is located to obtain appropriate dock receipt or equivalent, from that port and forward to the servicing office.

§ 5A-74.407 Specialized procedures for procurement of nonstores items for civilian agencies.

§ 5A-74.407-1 General.

This § 5A-74.407 provides specialized procedures to be used in connection with procurements of nonstores items for export for the Agency for International Development, Department of State Consular Posts, and the Peace Corps.

§ 5A-74.407-2 Agency for International Development (AID).

(a) Procurement forms. The forms prescribed in § 5A-2.201-70 shall be used for formally advertised and negotiated AID procurements. GSA Form 1246, GSA Supplemental Provisions (AID Procurement), shall be incorporated in all solicitations and contracts which are executed on behalf of AID. (b) Buy American Act-Restrictions on source. Article 14 of GSA Form 1246 deletes Article 14 (Buy American Act) of SF 32 and paragraph 7 (Buy American Certificate) of SF 33.

(c) Use of negotiation authority. In meeting the supply requirements for AID, procurements other than small purchases shall be made by formal advertising where feasible and practicable (see § 1-3.101). Where formal advertising is not feasible and practicable, contracts may be negotiated pursuant to the authority of section 302(c)(15) of the Federal Property and Administrative Services Act of 1949, as amended. Except where proprietary procurement has been determined necessary by AID, the negotiation authority to be cited on each such negotiated contract shall be as follows: "Section 302(c)(15), Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)." Where the AID requisition calls for the procurement of a proprietary item, the procedures set forth in § 5A-74.4072(g) apply. The basis upon which GSA may utilize the authority available under the Foreign Assistance Act to

negotiate procurements on behalf of AID is contained in AID's letter of November 23, 1970, to the Acting Assistant Commissioner for Procurement, FSS (see text in § 5A-76.310). (d) [Reserved]

(e) Contract requirements for assembling, servicing, and maintenance. Whenever an AID requisition (PIO/C, PIO/T, PA/PR) specifies the need for assembling, servicing, and maintenance of equipment to be performed by or on behalf of the contractor, one or both of the clauses, as appropriate, set forth below, shall be included in the invitation for bids or requests for proposals. These clauses shall be used in lieu of any similar language used in the AID requisitions.

PARTS AND SERVICE

(a) For equipment under items listed in the schedule or services on which bids are submitted, the bidder certifies by submission of a bid that parts and service (including qualified mechanics) are now available from dealers or distributors serving the areas of ultimate overseas destination or that such facilities will be established. The bidder shall state in spaces provided below, the name and address of the nearest servicing facility and the value of spare parts for the equipment carried or to be carried in inventory. If parts and servicing facilities are not located, or to be located, in the city of ultimate destination the bidder shall indicate the distance in miles between point shown and indicated destination.

(b) Each Contractor will be fully responsible for the services to be performed by the named servicing facilities, or by such facilities to be established, and fully guarantees performance of such services if the original service proves unsatisfactory. If a new servicing facility is to be established the Contractor fully guarantees that such facility will be established no later than the date of arrival of the equipment at ultimate destination.

30-104 0-79-45

SERVICING AT DESTINATION

All equipment delivered shall be ready for immediate operation at destination. If shipping regulations prohibit the delivery of equipment with lubricants, fuel, or other liquids, each piece of equipment shall be properly tagged at each filler point, and the operators seat, with such notification indicating the quantity, and types of such lubricants, fuels, or other liquid to be used before operation. The Contractor shall make available such qualified service personnel as may be needed for servicing the equipment which shall include but not be limited to adding such lubricants, fuels, or other liquids and starting the equipment.

(f) Availability of funds. (1) Contracting officers shall observe the fund limitation on each requisition. At time of procurement, when it appears that the amount cited is not adequate to cover all costs including the estimated cost of transportation, export surcharge, and any other expense involved in the delivery of material to designated consignees, the contracting officer shall request the necessary additional funds through the same channels through which the requirement was originally received.

(2) It is permissible to exceed the requisition amount by up to $200 on those requisitions having a $1,000 limitation and up to $500 on requisitions which are in excess of $1,000 without waiting for an amended requisition which provides additional funds. However, the ordering office must be notified through appropriate channels prior to initiation of procurement action regardless of whether the authorized tolerance cited above is exceeded. An amendment to the original requisition must be obtained in either case.

(3) Items extracted to Central Office or regional offices for procurement action shall be supported by a citation of funds sufficient to cover the procurement, transportation, export surcharge, and any other expense involved in the delivery of material to designated consignees.

(g) Procurement of proprietary items. (1) Where AID has determined that a proprietary item is needed to meet its requirements, AID will include the following statement on the requisition document:

Negotiated procurement of the specific items covered by this request is authorized under the provisions of the Foreign Assistance Act of 1961, as amended.

(2) When the above statement is inIcluded with the purchase request, no additional justification or determination is required by FSS to execute a proprietary procurement by negotiation. The contract shall cite "Section 302(c)(15), Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)" as the negotiation authority. Where the proprietary statement is not included in the purchase request, the procurement shall be processed in accordance with § 5A-74.407-2(c).

(h) Procurements for Public Safety Programs. (1) GSA has agreed to recognize a system of priorities which has been installed by the Office of Public Safety (O/PS), AID/Washington, to obtain equipment and supplies for AID Public Safety Programs on an expedited basis. Although O/PS may designate an appropriate priority for any item required for use in the Public Safety Programs, such designations will usually be made for materials, equipment, and supplies in the following categories:

(i) Weapons and ammunition classified under AID Commodity Codes 390 and 897.

(ii) Communications equipment classified in Code 720.

(iii) Automotive vehicles classified in Codes 820 and 822.

(iv) Standard police items classified in Codes 550 and 898.

(2) In view of the nature of the commodities involved and the need for central coordination of these types of items, GSA has further agreed that AID/Washington will forward the requisitions direct to POD for procurement action. In this connection, POD will establish a central control point to receive and provide status information to O/PS on the requisition during the procurement process. Status information will be provided by forwarding a copy of each document generated in the sequence of procurement actions. Such documents will be transmitted to the O/PS addressee designated on the requisition to receive status information by use of the GSA Form 6332,

Requisition Control and GSA Form 6538, Procurement Status (FSS P 2900.2, Chap. 7-15, 16, and 17).

(3) POD may assign certain procurements to the regions where such action is necessary or desirable. However, in these cases, POD shall keep the O/PS advised of status of the procurement in the same manner as if the procurement were made by POD. Memoranda from POD transmitting AID requisitions for public safety items to regions shall contain explicit instructions to the region concerned for the feed back of status information to the central control point in POD.

(4) Notwithstanding the special arrangements described in (2) and (3), above, it is possible that the overseas support office may receive inquiries from the AID Missions which originate requirements for public safety items processed through O/PS. Accordingly, POD shall make certain that a copy of each requisition received from AID/Washington is forwarded to the order processing activity of the appropriate overseas support office. This copy should be forwarded by appropriate transmittal indicating procurement action taken and/or any special handling required.

(5) Priority designators assigned by O/PS are identified as follows:

(i) Emergency Priority (AA). The emergency priority is used when a serious crisis is impending and the equipment is needed immediately. Procurement will usually be made by AID/Washington by the most rapid means and coordinated by O/PS by phone. Every effort will be made to ship the items by air in a matter of hours.

(ii) Immediate priority (A). Equipment and/or supplies needed as soon as possible will be procured under this priority. Procurement and air shipment of the required items will be made within thirty (30) days.

(iii) Rush Priority (B). Equipment and/or supplies needed quickly to meet predetermined deadlines. Procurement and surface or air shipment as directed by O/PS will be made within ninety (90) days or less.

(iv) Routine Procurement (C). Procurement in this category will be made

with delivery acceptable within an expedited procurement and shipping schedule.

(6) Contract administration services and shipments shall be handled as provided in § 5A-74.406. However, in connection with shipments bearing "Immediate Priority (A)," POD may request operational assistance directly from the Traffic Services Division, TCS Central Office, in coordinating arrangements for emergency ship

ments.

(i) Export packing. Article 29 of GSA Form 1246 sets forth only general performance-type requirements for preservation, packaging, and packing for export. Therefore, where the contractor is contractually required to perform the export packing, additional detailed packing specifications to the extent known, must be stated in the solicitation for offers. AID basic types of packing containers and related codes normally used in contracts calling for shipments to AID missions are illustrated and described in § 5A76.311. In some circumstances, AID purchase requests will cite these packing codes. If no specific packing requirements are cited, contracting officers shall consult with FSS packing specialists, as appropriate, to assure that solicitations for offers include suitable packing requirements.

(j) Priorities and allocation support. (1) The Procurement Operations Division (FPN), Special Programs Division (FPH), and Region 9, are authorized to apply a Defense Materials System priority rating, identified by the Symbol DOD-7, to specified contracts and delivery orders which cover procurements for AID in support of counterinsurgency and preventive incipient insurgency operations in South East Asia within the dollar limitation of annual authorizations made to GSA by the Department of Commerce. Requests for additional quotas shall be submitted to the Office of Procurement (FPP).

(2) Procedures and guidelines for the application of the DOD ratings to contracts and purchase orders and for maintaining records and reports are prescribed in GSA Order FSS 2800.13 as amended. Article 44 (Priorities, Al