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8 6–1.107-1 General plan.
The DOSPR conform with the style and arrangement of the FPR. (Redesignated, 31 FR. 10193, July 28, 1968] 86-1.107–2 Numbering.
Material in the DOSPR which implements or deviates from related material in the FPR is captioned and numbered to correspond with such material in the FPR, except that while the first digit of the FPR number is 1, the first digit of the DOSPR number is 6. Material in the DOSPR which supplements the FPR will be assigned numbers 50 or above at the part, subpart, section, or subsection at which there is no counterpart material in the FPR. For an example, see section 6–1.350. Where material in the FPR requires no implementation or deviation there is no corresponding number in the DOSPR. Thus, there are gaps in the DOSPR sequence of numbers where the FPR as written are applicable to Department of State procurement. [Redesignated, 31 F.R. 10193, July 28, 1966) $ 6–1.107—3 Citation.
The DOSPR will be cited in the same manner as the FPR are cited. Thus, this section, when referred to in divisions of the FPR System, should be cited as "section 6–1.107–3 of this chapter.” When this section is referred to formally in oficial documents, such as legal briefs, it should be cited as “41 CFR 6–1.107–3." Any section of the DOSPR may be informally identified, for purposes of brevity, as "DOSPR” followed by the section number, such as "DOSPR 6–1.107–3.” (Redesignated, 31 FR. 10193, July 28, 1966) § 6-1.108 Relationship of the DOSPR,
FPR, and IAPR. (a) The regulations in the DOSPR implement, supplement, and in some instances deviate from the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Deviating material is defined in § 1-1.009. Supplementing material is that for which there is no counterpart in the FPR.
(b) The FPR as edited for the Foreign Service and the DOSPR have been adopted in general for use by the U.S. Information Service. They are to be used with the U.S. Information Agency Regulations (IAPR) which implement,
supplement and deviate from the FPRDOSPR. Chapter 19A of IAPR applies only to overseas procurement of USIA. (31 F.R. 10193, July 28, 1966) $ 6-1.109 Control of deviations.
In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR System shall be kept to a minimum and controlled as follows:
(a) Requests for deviations from the FPR and from the DOSPR, in individual cases and in classes of cases, shall be submitted by memorandum. A statement setting forth the nature of the deviation and the reasons for the special action sought shall be included with the request, and a copy thereof shall be included in the contract file.
(b) Deviations from the FPR and the DOSPR in individual cases, and from the DOSPR, in classes of cases, may be authorized by the Chief, Supply and Transportation Services Division or his designee, or, in foreign buildings procurement operations, by the Director, Office of Foreign Buildings or his designee.
(c) Deviations from the FPR in classes of cases will be considered jointly by the Department of State and the General Services Administration (GSA) unless circumstances preclude such effort. In such case, the Chief, Division of Supply and Transportation Services or the Director, Office of Foreign Buildings, as appropriate, will approve such class deviations as he determines necessary and will notify GSA of such action. (31 F.R. 6622, May 4, 1966) Subpart 6-1.2-Definition of Terms
SOURCE: The provisions of this Subpart 6-1.2 appear at 28 F.R. 7779, July 31, 1983, unless otherwise noted. $ 6–1.201 Definitions.
For the purpose of this chapter, and unless otherwise indicated, the following terms have the meanings set forth in this subpart. 86-1.250 Government.
“Government” means the Government of the United States of America, unless specifically stated otherwise. 86-1.251 Department.
"Department” means the Department of State, including all of its activities wherever located.
"Post” means a diplomatic or consular post of the United States of America. 86-1.253 Local procurement.
"Local procurement” means procurement by a post in the country in which the post is located. 86–1.254 Third country procurement.
“Third country procurement” means procurement by a post in a country other than the country in which the post is located and other than the United States. $6–1.255 Central supply post.
“Central supply post” means a post designated to:
(a) Assist and supervise constituent supply posts in the acquisition of personal property and nonpersonal services, and/or
(b) Accomplish its own acquisition of personal property and nonpersonal services without supervision in connection therewith from another post. 86–1.256 Constituent supply post.
“Constituent supply post” means any post other than a central supply post. 86-1.257 Supplies.
"Supplies" means personal property, Including equipment. 86-1.258 Service contracts. (32 FR. 12115, Aug. 23, 1967) $6–1.258–1 Nonpersonal service con
tracts. (a) Nonpersonal service contracts are those providing for services to be rendered to the Government, by individuals or organizations, under which:
(1) The Government does not directly supervise the manner of performance of the work and, in the case of organizations, does not reserve the right of selection or dismissal of individual employ
side the United States, should consult their respective Personnel units for guidance in making this determination. (32 FR 12115, Aug. 23, 1967) $ 6–1.258–2 Personal service contracts. (See section 912.7-2a, Volume 3, Foreign Affairs Manual.) [32 FR 12115, Aug. 23, 1967)
Subpart 6–1.3—General Policies $ 6–1.302 Procurement sources. [28 FR 7779, July 31, 1963) 8 6–1.302-1 General.
(a) Use of the Federal Prison Industries as a source of supply is not required in connection with supplies which are both procured and used outside the United States. In addition, pursuant to Federal Prison Industries clearance number C-99360 of the Federal Prison Industries as a source of supply is not required in connection with supplies which are procured inside the United States by posts for use outside United States where the aggregate amount involved in a transaction does not exceed $2,500. Use of the other sources of supply referred to in § 1-1.302–1(a) is not required in connection with supplies which are procured either inside or outside the United States for use outside the United States.
(b) Notwithstanding 6–1.302–1(a), in obtaining supplies or services to be used outside the United States the sources of supply listed § 1-1.302-1(a) shall be used wherever, in the judgment of the procurement officer, requirements can be met satisfactorily on a timely basis by using such sources and the use of these sources is prudent and otherwise in the national interest. (29 F.R. 12070, Aug. 25, 1964) $ 6–1.302–3 Procurement from employ.
ees of the Government. No procurement of supplies, equipment or services may be made from any employee of the Government through contract, purchase order or any other method of procurement, except where & service or product is not otherwise obtainable and such a determination 18 made in writing by the principal oficer or the Chief, Supply and Transportation Services Division and retained as a part of the procurement file. 131 F.R. 6623, May 4, 1966)
(2) The services are of such a nature that:
(1) They are not usually performed by employees; or
(1) they may be more practicably and economically procured by contract..
(b) The types of seryices that are usually rendered by employees may vary from country to country. Therefore contracting Officers, both within and out
$ 6–1.350 Procurement by posts within
the United States. Posts are authorized to make small purchases, as provided for in $ 6–3.605 of this chapter, directly from sources within the United States. (33 F.R. 670, Jan, 17, 1968] $ 6–1.351 Numbering procurement doc
uments. (37 FR 3640, Feb. 18, 1972] § 6-1.351-1 Policy.
Procurement documents required to be numbered are:
(a) Formally advertised contracts.
(c) Purchase orders.
All procurement documents shall be numbered in accordance with the Department's worldwide standardized numbering system. This system consists of a set of four digits followed by a hyphen and a second set of six digits. The first set of four digits always will identify the specific allotment/operating allowance to be charged. The second set of six digits will identify the obligation number of the transaction, the first digit of which is reserved to indicate the fiscal year during which the transaction takes place. Procurement documents prepared for other Federal agencies may be numbered in accordance with their requests. (37 FR 3641, Feb. 18, 1972) $ 6–1.351–3 Numbering modifications
and amendments. Each modification and/or amendment to a procurement document shall be alphabetized in successive order. This alphabetic letter shall be preceded by a hyphen and appear as a suffix to the original procurement document number. (37 FR 3641, Feb. 18, 1972) $6–1.351-4 Contract file.
Upon execution of a numbered contract, a contract file shall be established which shall contain a copy of the signed contract together with all supporting documents, a copy of each rejected bid or proposal together with all supporting documents, an abstract of bids showing items accepted or rejected and the reasons therefor and any other documents pertinent to the award and administration of the contract. (30 FR 7247, May 29, 1965)
(a) Post series. The signed original together with the original Standard Form 1036 shall be retained at the post in the contract file and shall, upon request, be available for audit. A signed copy of the contract shall be furnished the contractor.
(b) FBO series. A signed copy of both the contract and Standard Form 1036 shall be forwarded to the Department with an operations memorandum, Subject: Buildings. The memorandum shall specify the appropriation against which the contract will be paid and shall refer to the Department authority, if any, under which the contract was consummated. The signed original of the contract with a Standard Form 1036 shall be placed in the contract file and shall, upon request, be available for audit. A signed copy of the contract shall be furnished the contractor.
(c) Department's Washington series. The signed original, together with the original Standard Form 1036, if required, shall be forwarded to Financial Services. One signed copy shall be retained in the contract file, and upon request, be available for audit. A signed copy of the contract shall be furnished the contractor. (37 FR 3641, Feb. 18, 1972] $ 6–1.352-1 Definition.
“Written contract." For the purpose of this section, the term "written contract” means a contract made in writing and signed by both of the parties thereto. Such a contract may be a single document bearing the signatures of both parties or a group of documents properly signed. For example, when competitive bids are obtained, the written contract will normally consist of an invitation to bid issued by a contracting officer, an offer signed by the supplier and an acceptance of offer signed by a contracting officer. [28 F.R. 7779, July 31, 1963) 8 6–1.352-2 Distribution.
(a) Post series. Written contracts numbered in the post series under § 6-1.351-3(a) shall be distributed as follows:
(1) The signed original together with the original of the SF-1036 (see $$. 6-2.407-7 and 6-3.250) shall be forwarded to the Department under cover
of an operations memorandum, Subject: Finance.
(2) One signed copy shall be furnished to the contractor whenever feasible.
(3) One signed copy shall be retained in the contract file.
(b) FBO series. Written contracts numbered in the FBO series under $ 6–1.351–3 (b) shall be distributed as follows:
(1) The signed original and one signed copy together with the original and one copy of the SF-1036 (see $$ 6-2.407–7 and 6-3.250) shall be forwarded to the Department by operations memorandum, Subject: Buildings. The transmittal shall specify the appropriation against which the contract will be paid and shall refer to the Departmental authority, if any, by which the contract was entered into.
(2) One signed copy shall be furnished to the contractor.
(3) One signed copy shall be retained in the contract file.
(c) Department's Washington series. Written contracts numbered in the Department's Washington series under $ 6–1.351-3(c) shall be distributed as follows:
(1) The signed original together with the original of the SF-1036, if required shall be forwarded to the Department's Office of Finance.
(2) One signed copy shall be furnished to the contractor.
(3) One signed copy shall be retained in the contract file.
(d) Where the law of a foreign country requires that the original of a written contract be retained in the country, & signed copy shall be forwarded to the Department in lieu of the original. (29 F.R. 12070, Aug. 25, 1964] $ 6–1.353 English language translations.
If any part of a contract is not written in the English language, an accurate translation of such part shall be attached to the original and each copy of the contract whenever such action is determined to be feasible by the contracting officer. [28 F.R. 7779, July 31, 1963)
Responsibility and Authority SOURCE: The provisions of this Subpart 8–1.4 appear at 33 F.R. 10516, July 24, 1968, unless otherwise noted.
$ 6–1.400 Scope of subpart.
This subpart sets forth the procurement responsibility and authority of the chief officer responsible for procurement and contracting oficers, and treats the selection and designation of contracting officers to enter into and administer contracts, interagency agreements, purchase orders, grants, and other contractual arrangements, hereinafter referred to as “contracts” unless otherwise stated. $ 6–1.401 Responsibility of the head of
the procuring activity. The Chief, Supply and Transportation Division, is designated the chief officer responsible for procurement and as such shall provide policy direction and prescribe standards, procedures, and regulations for the award and administration of contracts, both within and outside the United States, except for procurements by the Office of Foreign Buildings and those procurements outside the United States by the Office of Refugee and Migration Affairs. $ 6–1.402 Authority of contracting
officers. The authority of the Secretary of State to enter into and administer contracts, purchase orders, grants, and other agreements for the expenditure of funds involved in the acquisition of property or nonpersonal services and for the sale of personal property is delegated to those officials designated in § 6–1.404–2 and to any official designated to act for one of those enumerated during the absence or incapacity of the latter, subject to specific limitations stated in this subpart. When exercising the authority contained in this subpart, the designated official is a contracting officer. $ 6–1.403 Requirements to be met be
fore entering into contracts. Contracting officers are responsible for the legal, technical, and administrative sufficiency of the contracts they enter into. To this end they shall obtain such available legal, technical, and financial advice as necessary for the proper execution of their duties. 6–1.404 Selection, designation, and
termination of designation of con
tracting officers. $ 6–1.404–2 Designation.
(a) Unless otherwise limited in this subpart, contracting officers named here
in may designate, by delegation of au
thority, one or more of their subordi. (4) Bureau of Educational and Culnates engaged in procurement activities tural Affairs. The authority to enter into to enter into and administer contracts. and administer contracts involving funds Designations will be in writing and will available for international educational specifically state the scope and limita- and cultural activities is delegated to the tions of the designee's contractual au- Executive Director, the Chief, Division of thority which must be within the scope Financial Management, and the Chief, of authority possessed by the designating Contract and Transportation Division, contracting oficer. The signed original (5) Diplomatic and consular posts loof such delegations of authority shall be cated outside the United States. The auretained in the files for examination. thority to enter into and administer con
(b) A contracting officer may desig- tracts for the expenditure of funds innate technically qualified personnel as volved in the acquisition of supplies, his authorized representatives to assist equipment, publications, and nonperin the administration of contracts. Such sonal services; to sell personal property; designation shall be in writing and shall and to authorize the publication of paid define the scope and limitations of the advertisements, notices and proposals, is designee's authority. The designation delegated to the Principal Officer, Adshall be addressed to the designee with a ministrative Officer and General Services copy given to the contractor. An ap- Oficer. propriate contract clause is contained in (i) This authority, with the exception $ 6–7.151-11 of this chapter.
of that pertaining to paid advertising, (c) The authority described in may be redelegated to employees of the $ 6–1.402 is delegated as follows:
Foreign Service who are citizens of the (1) General delegation Supply and United States and, in the case of joint Transportation Division. (i) The au- or consolidated administrative operathority to enter into and administer tions, to employees of U.S. Government contracts for the expenditure of funds agencies who are citizens of the United Involved in the acquisition of personal States. property and nonpersonal services, and (i) Direct transactions with vendors for the sale of personal property, is dele- within the United States shall not exceed gated to the Chief, Supply and Trans- $2,500 per transaction unless such transportation Division.
action is under a contract executed by (ii) The authority to authorize the the Department of State, the General publication of paid advertisements, no- Services Administration or other U.S. tices, and proposals within the United Government agency. States is delegated to the Chief, Supply (1) No authority is delegated to enter and Transportation Division. This au- into cost-reimbursement or fixed-price thority may not be redelegated.
incentive contracts. (2) Library. The authority to enter (iv) When expressly authorized by a into and administer contracts (except U.S. Government agency which does not grants) is delegated to the Librarian, have an authorized contracting officer at Principal Acquisition Librarian, and the post, the officers named above in this Chief, Technical Services, for the ac- subparagraph may enter into contracts quisition of newspapers, books, maps, for and on behalf of that agency. The and periodicals, and for the acquisition exercise of this authority is subject to the of publication binding and repair services provisions of the regulatory or other whenever the acquisition of such services contracting officer designation issued by is authorized by the Public Printer pur- the contracting agency and any relevant suant to the provisions of section 12 of administrative support or other interthe Act of January 12, 1895, 28 Stat. agency agreement. Statutory authorities 602, as amended (44 U.S.C. 14).
and regulations of the contracting agency (3) Office of Foreign Buildings. The are applicable to contracts entered into authority to enter into and administer pursuant to this authority and the concontracts is delegated to the Director, tracting agency is responsible for inOffice of Foreign Buildings, for trans- forming the individual it has designated actions chargeable to funds available un- to act as its contracting oficer of perder the Foreign Service Buildings Act, tinent statutes and regulations which 1926, as amended, or in other appropria- supplement, implement or deviate from tions made available for foreign build- Chapter 1 of this title. In view of the conings operations.
tracting officer's responsibility for the