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CHAPTER 19—UNITED STATES INFORMATION

AGENCY

Part
19–1 General
19–2 Procurement by formal advertising.
19–3 Procurement by negotiation.
19-6 Foreign purchases.
19–15 Contract cost principles and procedures.
19-16 Procurement forms.

PART 19-1-GENERAL Sec. 19-1.000

Scope of part.

Subpart 19–1.1- Introduction 19–1.100 Scope of subpart. 19–1.101

Establishment of USIA procure

ment policies and procedures. 19–1.102

Authority. 19-1.103

Relationship of Chapter 19 to

the FPR and other procure

ment instructions. 19–1.104

Applicability. 19-1.105

Method of issuance. 19-1.106

Exclusions. 19–1.107

Arrangement. 19–1.107–1 General plan. 19–1.107–2 Numbering. 19–1.107-3 Citation. 19-1.108

Deviation. 19–1.108-1 Description. 19–1.108–2 Procedure.

Subpart 19-1.2-Definition of Terms 19–1.201 Definitions. 19–1.206 Chief, Contract and Procurement

Division. 19–1.250 Government. 19–1.251 Agency. 19–1.252 Director. 19-1.253 USIA. 19–1.254 USIS. 19–1.255 Overseas Establishment. 19–1.256 AR/CO. 19–1.257 Subcontract. 19–1.258 Services.

Subpart 19–1.3—General Policies Sec. 19-1.302 Procurement sources. 19-1.302–3 Contracts between the Govern

ment and Government employees or business concerns substantially owned or controlled by Government em

ployees. 19-1.302-51 Contracts between the Govern

ment and former Govern

ment employees. 19–1.305-3 Deviations from Federal Speci

fications. 19–1.313 Records of contract actions. 19–1.317 Noncollusive bids and pro

posals. 19-1.354 Execution of contracts. 19-1.355 Violations of law. Subpart 19–1.6—Debarred, Suspended, and

Ineligible Bidders 19-1.602 Establishment and maintenance of

a list of concerns or individuals debarred, suspended, or declared

ineligible. 19-1.604 Causes and conditions applicable

to determination of debarment

by an executive agency. Subpart 19–1.7—Small Business Concerns 19–1.704 Agency program, direction and op

eration. Subpart 19-1.9-Reporting Possible Antitrust

Violations 19-1.902 Documents to be transmitted.

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Subpart 19-1.53—Procurement Authority and

Responsibility Sec. 19-1.5301 General. 19-1.5302 Designation of Contracting Offi

cers. 19-1.5303 General authority of Contracting

Officers. 19–1.5304 General responsibility of Con

tracting Officers. 19–1.5305 Contracting Officers' representa

tives. 19-1.5306 Responsibility for assuring the

availability of funds. 19–1.5307 Standards of conduct.

AUTHORITY: The provisions of this part 19–1 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(C). § 19–1.000 Scope of part.

This part describes the method by which the United States Information Agency implements and supplements the Federal Procurement Regulations, and contains procedures which implement and supplement Part 1-1 of the Federal Procurement Regulations. [27 F.R. 6044, June 27, 1962]

Subpart 19-1.1--Introduction SOURCE: The provisions of this Subpart 19–1.1 appear at 27 F.R. 6044, June 27, 1962, unless otherwise noted. § 19–1.100 Scope of subpart.

This subpart establishes Chapter 19 of the Federal Procurement Regulations System, and states its relationship to the Federal Procurement Regulations (FPR), and to other instructions governing contracting and procurement operations of the U.S. Information Agency. § 19–1.101 Establishment of USIA pro

curement policies and procedures. This subpart establishes U.S. Information Agency (USIA) procurement policies and procedures (Chapter 19) as prescribed by the Director of USIA, to provide uniform policies and procedures applicable to procurement of personal property and nonpersonal services (including construction) and the procurement of real property by lease, for all USIA activities. [31 F.R. 10789, Aug. 13, 1966] $ 19–1.102 Authority.

The U.S. Information Agency Procurement Regulations are prescribed by the Director of the U.S. Information Agency pursuant to the authority of the United States Information and Educational Exchange Act of 1948, Reorganization Plan

No. 8 of 1953, and the Federal Property and Administrative Services Act of 1949, as amended. § 19–1.103 Relationship of Chapter 19

to the FPR and other procurement

instructions. (a) Chapter 19 implements and supplements the FPR. Material published in the FPR, which has Government-wide applicability, becomes effective throughout the USIA upon the effective date of the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise restated in Chapter 19.

(b) Implementing material is that which expands upon related FPR material. It will treat a similarly numbered portion of the FPR in greater detail or indicate the manner of compliance or deviation.

(c) Supplementing material is that for which there is no counterpart in the FPR.

(d) The absence of a corresponding part, subpart, section, etc. in Chapter 19 indicates that the FPR is applicable as written.

(e) Procurement instructions, necessary to implement or supplement the FPR and Chapter 19, will be issued by the Chief of the Contract and Procurement Division, Office of Administration (IOA/C). These instructions, together with the FPR and Chapter 19, constitute the U.S. Information Agency Procurement Regulations (IAPR). $ 19–1.104 Applicability.

Chapter 19 applies to all purchases and contracts made by the U.S. Information Agency for the procurement of personal property and nonpersonal services (including construction) and the procurement of real property by lease, within the United States. [31 F.R. 10789, Aug. 13, 1966) § 19–1.105 Method of issuance.

(a) All Chapter 19 material deemed necessary for an understanding, by business concerns and others interested, of basic and significant USIA policies and procedures, will be published in the FEDERAL REGISTER. Other related material also may be published in the FEDERAL REGISTER when its inclusion will provide a logical, comprehensive statement of USIA procurement policies and procedures.

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(b) The Chapter 19 material pub- correspond to the FPR part, subpart, lished in the FEDERAL REGISTER will be section, or subsection. published in cumulative form in Chap- (c) Where Chapter 19 supplements ter 19 of Title 41 of the Code of Federal the FPR and thus deals with subject Regulations. The FEDERAL REGISTER and matter not contained in the FPR, the Title 41 of the Code of Federal Regula- numbers in the group 50 through 69 will

ons may be purchased from the Super- be assigned to the respective suppleintendent of Documents, Government menting parts, subparts, or section. Printing Office, Washington 25, D.C.

(d) Where the subject matter con$ 19–1.106 Exclusions.

tained in the part, subpart, section, or

subsection of the FPR requires no im(a) Certain policies and procedures plementation, Chapter 19 will contain within the scope of this Chapter 19 may no corresponding part, subpart, section, be excluded when any of the following or subsection. Thus, there may be gaps criteria are applicable:

in the Chapter 19 series of part, subpart, (1) Subject matter which bears a se- section, or subsection; in such cases, ref„curity classification.

erence must be made to the FPR for (2) Policies or procedures which are policy and procedure applicable to USIA. expected to be effective for a period of less than six months.

$ 19–1.107–3 Citation. (3) Policies and procedures which are USIA procurement regulations will be effective on an experimental basis for a cited in accordance with Federal Regisreasonable period.

ter standards approved for the FPR. (4) Policies and procedures pertain- Thus, this section, when referred to in ing to other functions of USIA as well divisions of the IAPR, should be cited as to procurement functions and there

as “§ 19–1.107–3 of this chapter.” When is need to make the issuance available this section is referred to formally in simultaneously to all USIA employees official documents, such as legal briefs, concerned.

it should be cited as “41 CFR 19–1.107–3." (5) Speed of issuance is essential, Any section of the USIA Procurement numerous changes are required in Chap- Regulations may be informally identiter 19, and all necessary changes can- fied, for purposes of brevity, as IAPR not be made promptly.

followed by this section number; i.e.,
(b) Procurement procedures and in- "IAPR 19–1.107-3."
structions issued in other than the FPR
System format under (a) (4) and (5),

§ 19–1.108 Deviation.
above, will be codified into Chapter 19 $ 19–1.108–1 Description.
at the earliest practicable date, but in
any event not later than six months

The term "deviation” includes any of from date of issuance.

the following actions:

(a) When a prescribed contract clause $ 19–1.107 Arrangement.

is set forth verbatim, use of a contract $ 19–1.107-1 General plan.

clause covering the same subject matter

which varies from that set forth. Chapter 19 is divided into parts, sub- (b) When a standard or other form parts, sections, subsections, and further is prescribed, use of any other form for subdivisions as necessary.

the same purpose. 8 19–1.107-2 Numbering.

(c) Alteration of a prescribed stand

ard or other form, except as may be (a) Generally, the numbering system authorized by regulations. used in Chapter 19 conforms to that in the FPR (See § 1-1.007–2). Thus, a

(d) The imposition of lesser or, where particular procurement policy or pro

the regulation expressly prohibits, great

er limitations than are imposed upon cedure is identified by the same number in both the FPR and in Chapter 19 ex

the use of a contract clause, form, procept that the first number in the FPR

cedure, type of contract, or upon any will be 1 rather than 19.

other procurement action, including but (b) Where Chapter 19 implements a

not limited to, the making or amendment part, subpart, section, or subsection of

of a contract, or actions taken in conthe FPR, the implementing part, sub

nection with the solicitation of bids or part, section or subsection of Chapter 19

proposals, award, administration, or setwill be numbered (and captioned) to

tlement of contracts.

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(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure. 8 19–1.108–2 Procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the Federal Procurement Regulations System shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from the FPR and IAPR shall be authorized by the Assistant Director for Administration or the Chief of the Contract and Procurement Division (IOA/C). This authority may not be redelegated.

(1) A supporting statement for each deviation which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.

(2) A copy of the supporting statement for each deviation shall be forwarded to the Chief of the Contract and Procurement Division.

(b) In classes of cases, deviations will be considered on an expedited basis jointly by the Chief, Contract and Procurement Division, and the General Services Administration unless, in the considered judgment of the Chief, Contract and Procurement Division, circumstances preclude such joint effort, in which case he will notify the General Services Administration of the deviation. Subpart 19-1.2-Definition of Terms

SOURCE: The provisions of this Subpart 19–1.2 appear at 31 F.R. 10789, Aug. 13, 1966, unless otherwise noted. § 19–1.201 Definitions.

For the purposes of this chapter, the following terms have the meanings set forth in this subpart, unless otherwise indicated. $ 19–1.206 Chief, Contract and Procure

ment Division. The Chief of the Contract and Procurement Division, the “Head of the procuring activity,” is also designated the “Chief Contracting Officer” and, in some cases, the “Agency Contracting Officer." $ 19–1.250 Government.

"Government” means the Government of the United States of America, and shall be deemed to include any department or organizational component thereof, including the Agency.

§ 19–1.251 Agency.

“Agency” means the U.S. Information Agency, acting through any of its duly authorized officials. § 19–1.252 Director.

"Director" means the head or any assistant head of the Agency (see § 1–1.204 of this title). $ 19–1.253 USIA.

"USIA” means the U.S. Information Agency. 8 19–1.254 USIS.

"USIS" means U.S. Information Service, the name by which the Agency is known overseas. $ 19–1.255 Overseas Establishment.

"Overseas Establishment” means USIS post or media extension. § 19–1.256 AR/CO.

"AR/CO" means Authorized Representative of the Contracting Office (see $ 1.5305). $ 19–1.257 Subcontract.

“Subcontract," in addition to other legal definition, is intended to include any prime contractor's purchase order accepted by a vendor, unless otherwise provided in the prime contract. § 19–1.258 Services.

"Services” means nonpersonal services. Subpart 19-1.3-General Policies

SOURCE: The provisions of this Subpart 19–1.3 appear at 31 F.R. 10790, Aug. 13, 1966, unless otherwise noted. § 19–1.302 Procurement sources. § 19–1.302–3 Contracts between the Gov

ernment and Government employees or business concerns substantially owned or controlled by Government

employees. (a) [Reserved] (b) (1) Any exception, as described in § 1-1.302–3(a) of this title, must be supported by written findings and a determination signed by the Director. In these cases, the "Director" means only the Director or Acting Director of the Agency and does not include Assistant Directors.

(2) The Agency may purchase, rent, license, or otherwise acquire materials in which Agency employees have a financial interest, only after obtaining a written waiver signed by the Director. If

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