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legal, technical, and administrative sufficiency of the contracts he enters into, questions regarding the propriety of procurement actions that the post is requested to take pursuant to this authority may be referred to the Department for resolution with the headquarters of the agency concerned.

(6) Language Services Division. The authority to enter into and administer contracts (except grants) for translating, interpreting, and related linguistic and escort services is delegated to the Chief, Assistant Chief, and Staff Assistant.

(7) Office of Communications. The authority to enter into and administer contracts (except grants) for leasing wire service circuits is delegated to the Executive Officer and the Chief, Networks Staff.

(8) Foreign Service Institute. The authority to enter into and administer contracts for planning and conducting seminars; for guest lecturers, instructors, language tutors, area chairmen, and related professional services; and for tuition, books, and tutorial and other related training services, is delegated to the Director, Deputy Director for Management and Executive Officer.

(9) Office of Overseas Schools. The authority to enter into and administer contracts for the overseas schools assistance activities of the Department is delegated to the Director.

(10) Office of International Conferences. The authority to enter into and administer contracts involving funds available from the International Conferences and Contingencies appropriation for the support of international conferences is delegated to the Director and Chief, Administrative Division.

(11) U.S. Mission to the United Nations. The authority to enter into and administer contracts involving funds available from the Missions to International Organizations appropriation for USUN is delegated to the Counselor for Administration and the Senior Advisor for Administrative Affairs.

(28 F.R. 7779, July 31, 1963, as amended at 34 FR 11143, July 2, 1969; 37 FR 3641, Feb. 18, 1972; 38 FR 22894, Aug. 27, 1973; 39 FR 8158, Mar. 4, 1974]

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This subpart prescribes the procedures for administrative debarments. [31 F.R. 6623, May 4, 1966]

§ 6-1.602 Department of State procedure for administrative debarment. (a) Administrative debarment may be initiated by any Contracting Officer of the Department.

(b) The recommendation for debarment together with a statement of the causes or conditions (§ 1-1.605 of this title), the suggested term of debarment, and documentary evidence to support the recommendation will be submitted to the Chief, Supply and Transportation Division. If concurred in, the recommendation will be forwarded through the legal adviser to the Assistant Secretary for Administration for final decision and return to the Chief, Supply and Transportation Division.

[31 F.R. 6623, May 4, 1966, as amended at 36 F.R. 20512, Oct. 23, 1971]

Subpart 6-1.8-Labor Surplus Area Concerns

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§ 6-1.1003-2

General requirements.

(a) Except as provided in FPR 1-1.1003-2(a) all proposed Department procurement actions of $5,000 and above shall be synopsized in the Commerce Business Daily.

(b) Preparation and transmittal of synopses of proposed procurements of the Supply and Transportation Division will be prepared by the Procurement Branch in accordance with the procedures set out in FPR 1-1.1003-7.

(c) Those offices to whom contracting authority has been delegated as enumerated in § 6-1.404-2 of this title are responsible for publicizing proposed procurement actions as required by FRP 1-1.10.

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6-2.205 6-2.205-1

Bidders mailing lists.

Establishment of lists.

Subpart 6-2.4-Opening of Bids and Award of

Contract

6-2.402

Opening of bids.

6-2.404

Rejection of bids.

6-2.406

6-2.406-2

6-2.407-5 6-2.407-7

Mistakes in bids.

Apparent clerical mistakes.
Other factors to be considered.
Statement and certincale
award.

6-2.407-8 Protests against award.

of

AUTHORITY: The provisions of this Part 6-2 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.

SOURCE: The provisions of this Part 6-2 contained in Dept. Reg. 108.510, 29 F.R. 12071, Aug. 25, 1964, unless otherwise noted. Subpart 6-2.1-Use of Formal Advertising

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The policy set forth in FPR 1-2.102 that procurement shall be made by formal advertising whenever such method is feasible and practicable shall apply to procurement made within the United States.

[30 F.R. 7247, May 29, 1965]

Subpart 6-2.2-Solicitation of Bids § 6-2.201 Preparation of invitations for bids.

Forms used in inviting bids for procurement by the Department outside the United States are prescribed in Subpart 6-16.1.

(a) The place selected for the opening of bids shall be, if posible, large enough to permit the attendance of any bidder who desires to be present at the opening. [29 F.R. 12071, Aug. 25, 1964, as amended at 31 F.R. 10193, July 28, 1966]

§ 6-2.202 Miscellaneous rules for solicitation of bids.

§ 6-2.202-1 Bidding time.

Any request for a procurement which does not provide for the minimum bidding time required under FPR 1-2.2021(c) must be justified in writing and approved by the Contracting Officer.

§ 6-2.202-50 Grouping of items in a single invitation for bids.

(a) It is basic Government policy that procurement shall be effected by formal advertising, except as provided in Subpart 1-3.2. Consequently, requirements aggregating more than $2,500 shall not be broken down into several purchases or contracts of less than $2,500 merely for the purpose of utilizing negotiation. See § 1-3.602. In order to minimize the administrative costs to the Government adherent in procurement by formal advertising, and still gain the benefits of formal advertising to the greatest extent possible, each invitation for bids shall include all items suitable for procurement by the procuring activity at the time the invitation is being prepared which are customarily provided by the prospective bidders.

(b) For example, hardware products, spare parts for vehicles, and office supplies would not be listed on a single invitation, unless in a particular circumstance the prospective bidders customarily handled items from all three of these categories, But a wide variety of items in any one of these categories could normally be listed on a single invitation because prospective bidders would normally carry a full line of the products within their specialized field.

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§ 6-2.203-3 Publicity in newspapers and trade journals.

(a) Free publicity.

(b) Paid advertisements. Procurement by formal advertising does not re quire the use of paid advertisements in newspapers and trade journals. It is the policy of the Department that paid advertisements shall not be used as a method of soliciting bids unless particular circumstances make the use of this method clearly in the best interest of the Government. The fact that no free publicity is available as described in paragraph (a) of § 1-2.203-3 does not mean that paid advertisements are appropriate. If paid advertisements deemed to be clearly in the best interest of the Government, they shall be contracted for in accordance with the following procedures:

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(1) Posts shall issue Form FS-455 in advance of publication to purchase advertising space. The following special information and conditions shall be included on the face of Form FS-455, Form FS-455a or the specification sheets attached thereto:

(i) The advertisement to be published. (ii) A complete description of the advertisement, including type, size, arrangement, space, and publication dates.

(iii) A stipulation that the price charge shall not be higher than the conimercial rate charged to private individuals, with the usual discounts.

NOTE: This does not preclude the responsibility of contracting officers to secure lower terms at special rates whenever obtainable.

(iv) A stipulation that (2) marked copies of each issue of the publication containing the advertising shall be submitted with the vendor's invoice. (If not obtainable gratis, the cost of furnishing copies of the publication, as distinct from the cost of the advertisement space, shall be included as a separate item on Form FS-455). On receipt of the vendor's invoice and the two copies of the publication for each date published, there shall be clipped from each copy the name of the publication, the date of publication and the advertisement. Each complete set of the clippings shall be permanently attached to plain sheets of bond paper. One set of clippings for each date of publication shall be attached to the original copy of Form FS

455, and the other set shall be attached to the paying office copy.

§ 6-2.205

§ 6-2.205-1

Bidders mailing lists.

Establishment of lists.

(b) The Industrial Readiness Planning Program is not applicable to procurement by the Department outside the United States. National Security Act of 1947 (50 U.S.C. 404); 32A CFR DMOVII-7.

(c) Standard Form 129 (Bidder's Mailing List Application) is not required to be used by posts.

Subpart 6-2.4-Opening of Bids and Award of Contract

§ 6-2.402 Opening of bids.

After the bids have been opened, and read aloud to the bidders present, an announcement shall be made that the opening of bids has been completed, and that, where feasible, all bidders will be notified as soon as conveniently possible regarding the award.

§ 6-2.404 Rejection of bids.

If all of the bids for any item have been rejected, the contracting officer may readvertise for that item using the same specifications or modified specifications, or may negotiate under the circumstances discussed in §§ 1-3.210 and 1-3.214.

§ 6-2.406 Mistakes in bids.

(a) The Assistant Secretary for Administration is authorized to make the determinations under FPR 1-2.406-3 and 1-2.406-4 which shall be approved by the Legal Advisor's Office.

(b) In doubtful cases under FPR 1-2.406-3 (e) or where an administrative determination is precluded by the limitations of FPR 1-2.406-4, a request for the decision of the Comptroller General will be submitted by the Supply and Transportation Services Division through the Legal Advisor's Office.

[31 F.R. 6623, May 4, 1966, as amended at 35 F.R. 1237, Jan. 30, 1970]

§ 6-2.406-2 Apparent clerical mistakes.

In addition to the example set forth in § 1-2.406-2, an obvious mistake in extension of unit prices shall be considered an apparent clerical mistake.

§ 6-2.407-5 Other factors to be considered.

See § 6-11.301.

§ 6-2.407-7 Statement and certificate of award.

(a) Standard Form 1036 (Statement and Certificate of Award) shall be used in connection with each contract made by formal advertising to evidence compliance with § 1-2.103. An original and at least one copy of Standard Form 1036 shall be prepared. The original Standard Form 1036 shall accompany and be distributed with the original of the contract. One confirmed copy of the Standard Form 1036 shall be retained in the contract file. Item 2(a) of Standard Form 1936 shall be filled in by inserting the number of prospective bidders to whom invitations for bids were distributed. In other respects, Standard Form 1036 shall be prepared as prescribed thereon, and in such details as to contain the information required by § 1-2.407-7(b).

§ 6-2.407-8 Protests against award.

(a) While a case involving a protest before award is pending in the office of the Comptroller General, no award may be made under FPR 1-2.407-8(b) (3) without the prior approval of the Chief, Supply and Transportation Services Division, or, in the case of overseas posts, the Principal Officer of the post. The request for approval will include complete documentation of the determination to make the award.

(b) The Chief, Supply and Transportation Services Division (or the Principal Officer), shall notify the Comptroller General of the intent to make the award and request advice as to the status of the case. A copy of such notice shall be given to the Contracting Officer. The Chief, Supply and Transportation Services (or the Principal Officer), shall notify the Contracting Officer of his approval or disapproval of the determination to make award.

(c) When a written protest is lodged with the Contracting Officer after award, the Contracting Officer will furnish the protestor a written explanation of the basis for the award.

[31 F.R. 6623, May 4, 1966]

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amended, 40 U.S.C. 486(c); sec. 4, 63 Stat. 111, 22 U.S.C. 2658.

§ 6-3.000 Scope of part.

(a) This part prescribes the policies and procedures applicable to procurement by negotiation by the Department both in and outside the limits of the United States and its possessions. [30 F.R. 7247, May 29, 1965]

Subpart 6-3.1-Use of Negotiation § 6-3.101 General requirements for negotiation outside the United States. (a) Procurement by negotiation may be effected under any of authorities and circumstances permitting negotiation in FPR 1-3.2.

(b) Formal advertising may be employed if its use is considered feasible and practicable under the conditions and circumstances of the procurement.

(c) Competitive solicitation shall be used to the maximum extent consistent with the procurement in accordance with FPR 1-3.101 (c) and (d).

(d) The authority to be cited on the Standard Form 1036 (Statement and Certificate of Award), or other document, in all negotiated procurement shall be the applicable section of FPR 1-3.2 except that all such procurement not in excess of $2,500 shall cite the authority of FPR 1-3.203 and procurement under FPR 1-3.215 (otherwise authorized by law) shall cite as authority the applicable law authorizing negotiation.

[30 F.R. 7247, May 29, 1965]

Subpart 6-3.2—Circumstances
Permitting Negotiation

§ 6-3.210 Impracticable to secure competition by formal advertising.

(a) Application. (1) Section 321 of the Transportation Act of 1940 (49 U.S.C. 65) is not applicable to procurement outside the United States except to the U.S. portion of a shipment made to an oversea destination and to shipments between two points in the United States that pass through a foreign country.

(2) It is the policy of the Department not to require formal advertising in connection with procurement outside the United States, when competition by formal advertising is contrary to the locally accepted method of doing business. [30 F.R. 7247, May 29, 1965]

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