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NOTE: Nomenclature changes affecting this Chapter appear at 43 FR 28493, June 30, 1978.
19-1.602 Establishment and maintenance of
a list of concerns or individuals de-
barred, suspended, or declared ineligible.
19-1.604 Causes and conditions applicable
to determination of debarment by an ex-
§ 19–1.101 Establishment of ICA procure
ment policies and procedures. This subpart establishes International Communication Agency (ICA) procurement policies and procedures (Chapter 19) as prescribed by the Director of ICA, 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 ICA activi. ties.
curement Division, Office of Administrative Services (MGT/AC). These instructions, together with the FPR and Chapter 19, constitute the International Communication Agency Procurement Regulations (IAPR). [27 FR 6044, June 27, 1962, as amended at 43 FR 28493, June 30, 1978
(31 FR 10789, Aug. 13, 1966)
§ 19-1.104 Applicability.
Chapter 19 applies to all purchases and contracts made by the International Communication 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 FR 10789, Aug. 13, 1966)
§ 19-1.102 Authority.
The International Communication Agency Procurement Regulations are prescribed by the Director of the International Communication Agency pursuant to the authority of the Reorganization Plan No. 2 of December 13, 1977, and Executive order 12048 of March 27, 1978, and the Federal Property and Administrative Services Act of 1949 as amended.
(43 FR 28493, June 30, 1978)
$ 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 Governmentwide applicability, becomes effective throughout the ICA 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 Pro
$ 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 ICA 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 ICA procurement policies and procedures.
(b) The Chapter 19 material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 19 of Title 41 of the Code of Federal Regulations. The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington 25, D.C.
§ 19-1.106 Exclusions.
(a) Certain policies and procedures within the scope of this Chapter 19 may be excluded when any of the following criteria are applicable:
(1) Subject matter which bears a security classification.
(2) Policies or procedures which are expected to be effective for a period of less than six months.
(3) Policies and procedures which are effective on an experimental basis for a reasonable period.
(4) Policies and procedures pertaining to other functions of ICA as well as to procurement functions and there is need to make the issuance available simultaneously to all ICA employees concerned.
(5) Speed of issuance is essential, numerous changes are required in Chapter 19, and all necessary changes cannot be made promptly.
(b) Procurement procedures and instructions issued in other than the FPR System format under (a) (4) and (5), of this section, will be codified into Chapter 19 at the earliest practicable date, but in any event not later than six months from date of issuance.
$ 19-1.107-3 Citation.
ICA procurement regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the IAPR, should be cited as “8 19-1.107-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as “41 CFR 19-1.107-3." Any section of the ICA Procurement Regulations may be informally identified, for purposes of brevity, as IAPR followed by this section number; i.e. “IAPR 19-1.107-3."
$ 19-1.108 Deviation.
§ 19-1.107 Arrangement.
§ 19-1.107-1 General plan.
Chapter 19 is divided into parts, subparts, sections, subsections, and further subdivisions as necessary.
(a) Generally, the numbering system used in Chapter 19 conforms to that in the FPR (See § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both the FPR and in Chapter 19 except that the first number in the FPR will be 1 rather than 19.
(b) Where Chapter 19 implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section or subsection of Chapter 19 will be numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.
(c) Where Chapter 19 supplements the FPR and thus deals with subject matter not contained in the FPR, the numbers in the group 50 through 69 will be assigned to the respective supplementing parts, subparts, or section.
(d) Where the subject matter contained in the part, subpart, section, or subsection of the FPR requires no implementation, Chapter 19 will contain no corresponding part, subpart, section, or subsection. Thus, there may be gaps in the Chapter 19 series of part, subpart, section, or subsection; in such cases, reference must be made to the FPR for policy and procedure applicable to ICA.
$ 19-1.108-1 Description.
The term "deviation" includes any of the following actions:
(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.
(b) When a standard or other form is prescribed, use of any other form for the same purpose.
(c) Alteration of a prescribed standard or other form, except as may be authorized by regulations.
(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.
(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.
§ 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 the Chief of the Con$ 19-1.252 Director.
"Director" means the head or any assistant head of the Agency (see § 11.204 of this title).
§ 19-1.253 ICA.
"ICA" means the International Communication Agency.
tract and Procurement Division (MGT/AC). 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/she will notify the General Services Administration of the deviation. [27 FR 6044, June 27, 1962, as amended at 43 FR 28493, June 30, 1978)
§ 19-1.254 Overseas Establishment.
"Overseas Establishment” means ICA post or media extension. (31 FR 10789, Aug. 13, 1966. Redesignated and amended at 43 FR 28493, June 30, 1978)
§ 19-1.255 AR/CO.
“AR/CO" means Authorized Representative of the Contracting Office (see $ 1.5305). (31 FR 10789, Aug. 13, 1966. Redesignated at 43 FR 28493, June 30, 1978)
Subpart 19-1.2-Definition of Terms
g 19-1.256 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. (31 FR 10789, Aug. 13, 1966. Redesignated at 43 FR 28493, June 30, 1978)
SOURCE: 31 FR 10789, Aug. 13, 1966, unless otherwise noted.
Subpart 19-1.3-General Policies
SOURCE: 31 FR 10790, 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.”
8 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 employ
§ 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.
(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.
(2) The Agency may purchase, rent, license, or otherwise acquire materials in which Agency employees have a financial interest, only after obtaining a. determination and supporting findings
$ 19-1.251 Agency.
“Agency” means the International Communication Agency, acting through any of its duly authorized officials.