Page images
PDF
EPUB

(6) The provisions of this paragraph (a), including this subparagraph (6), shall be applicable to and included in each subcontract hereunder which is on a cost, cost-plus-afixed-fee, time-and-material or labor-hours basis.

(b) The Contractor further agrees to include in each of his subcontracts hereunder, other than those set forth in subparagraph (a)(6) above, a provision to the effect that the subcontractor agrees that the Comptroller General, the Secretary of the Interior, and the Contracting Officer, or any of their duly authorized representatives, shall, until the expiration of three years after final payment under the subcontract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractors, involving transactions relating to the subcontractor. The term "subcontractor,” as used in this subparagraph (b) only, excludes (i) purchase orders not exceeding $10,000, and (ii) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. [39 FR 15399, May 3, 1974, as amended at 41 FR 5283, Feb. 5, 1976)

EXAMINATION OF RECORDS OF CONTRACT

MODIFICATIONS (a) For the purpose of verifying that the cost or pricing data submitted in conjunction with this contract modification were accurate, complete and current, the Secretary and the Contracting Officer or any of their authorized representatives, shall, until the expiration of 3 years from the date of final payment under the contract of which this modification is a part, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20) whichever expires earlier, have the right to examine those books, records, documents, papers and other supporting data which involve transactions related to this modification or which will permit adequate evaluation of the cost or pricing data submitted, along with the computations and projections used therein.

(b) If the contract of which this modification is a part is completely or partially terminated and the work so terminated is included in this modification the records relating thereto shall be preserved and made available for 3 years from the date of any resulting final settlement.

(c) If the records concerning this modification relate to (1) appeals under the contract "Disputes” clauses, (2) litigation or settlement of claims arising out of the performance of the contract, or (3) costs and expenses of this contract as to which the Contracting Officer or his authorized representative have taken exception, they shall be retained by the Contractor until such appeals, litigation, claims, or exceptions have been disposed of. [39 FR 15399, May 3, 1974, as amended at 41 FR 5283, Feb. 5, 1976)

$ 14-63.104-2 Audit of contract modifica

tions. The following clause shall be included in all contracts where the cost to the Government is estimated to exceed $100,000, except those listed in $ 14-63.103:

[blocks in formation]

AUDIT OF MODIFICATIONS The "Examination of Records of Contract Modifications" clause contained in 41 CFR 14-63.104-3 shall be included in every document modifying the price to the Government when the pricing of any modification to a formally advertised or negotiated contract (whether or not cost or pricing data was required under the initial contract) involves aggregate increases and/or decreases, plus applicable profits, in excess of $100,000.

$ 14-63.104-3 Examination of records of

contract modifications. The following clause is prescribed for use in contract modifications involving aggregate increases and/or decreases plus applicable profits in excess of $100,000 in accordance with the Audit of Modifications clause in $ 14-63.104-2:

$ 14-63.105-1 Submission and processing

of invoices or vouchers. (a) Contractors shall be required to submit invoices or vouchers as directed by the contract provisions. The processing of invoices or vouchers prior to payment for work or services rendered shall include a review by the contracting officer, or his designated representative, to determine that the nature of items and amounts claimed are in consonance with the contract terms, represent prudent business transactions, and are within any stipulated contractual limitations. If the contractor has not deducted from his claim amounts which are questionable

40-109

0-79--21

on

or which are required to be withheld, ing officer shall prepare a statement the contracting officer shall make the for the contract file to support and required deduction, except as provided justify his decision and for informa. in § 14-63.105-2.

tional purposes shall forward a copy of (b) Provisional approval by the con

such statement to the Office of Audit tracting officer of any payment, in- and Investigation. The contracting of: cluding any specific approval as to the ficer shall also furnish a written notice nature or amount of a cost shall be

to the Office of Audit and Investiganoted on (or attached to) the invoice tion stating the action taken to recov. or voucher (see, for example, $ 1- er questioned costs in which the con15.107 of this title regarding advance tracting officer concurs with the audit understandings particular cost recommendations. Su’” notices, as items). The invoice or voucher shall be well as copies of statements pertaining forwarded to the appropriate account- to non-concurrence with audit recoming center and retained therein after mendations, shall be forwarded to the certification and scheduling to a dis- Office of Audit and Investigation bursing office for payment.

within 90 calendar days following issu

ance § 14-63.105-2 Action upon receipt of an

of the corresponding audit reaudit report.

ports. (See also § 1-3.811 of this title.) Audit reports shall be furnished to (39 FR 15399, May 3, 1974, as amended at 40 the contracting officer. Upon receipt FR 10468, Mar. 6, 1975) of an audit report, the contracting officer shall, pursuant to contract terms, $ 14-63.105-3 Suspensions and disapprov. determine the allowability of all costs als of amounts claimed. covered by audit giving full consideration to the auditor's recommendations.

The contracting officer shall notify Where the contracting officer is in

the appropriate certifying officer in doubt or questions the recommenda

writing when amounts claimed for tions of the auditor, deductions need

payment are (a) suspended tentatively, not be made from invoices or vouchers

(b) disapproved as not being allowable for provisional payments. The con

according to contract terms, or (c) not tracting officer in such cases, however,

reasonably incident or allowable to shall confer with the auditor and performance of the contract. Such other appropriate Government per- notice by the contracting officer shall sonnel (such as a price specialist or

be the basis for the issuance by the legal counsel) to determine what fur- certifying officer of a statement to be ther action should be taken regarding attached to each copy of the invoice or the items of cost in question. If the voucher from which the deduction has contracting officer dis rees with the been made, explaining the reasons for audit recommendations, the contract- the deduction.

CHAPTER 14H-BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

Part
14H-1 General..........
14H-3 Procurement by negotiation.....
14H-30 Contract financing
14H-70 Contracting with Indian organizations pursuant

to the Indian Self-Determination and Education
Assistance Act.....

Page 312 315 317

....

324

SOURCE: 34 FR 13659, Aug. 26, 1969, unless otherwise noted.

PART 14H-1-GENERAL

Sec. 14H-1.000 Scope of part.

Subpart 14H-1.0—Regulation System

14H-1.001 Scope of subpart. 14H-1.002 Purpose. 14H-1.003 Authority. 14H-1.004 Applicability. 14H-1.006 Issuance. 14H-1.006-1 Code arrangement. 14H-1.006-2 Publication. 14H-1.007 Arrangement. 14H-1.007-1 General plan. 14H-1.007-2 Numbering. 14H-1.007-3 Citation. 14H-1.008 Agency implementation. 14H-1.009 Deviation. 14H-1.009-2 Procedure.

§ 14H-1.000 Scope of part.

(a) This part establishes a system for the codification and publication of policies and procedures of the Bureau of Indian Affairs (Bureau) regulations which implement, supplement or deviate from the Federal Procurement Regulations (FPR) and Interior Pro. curement Regulations (IPR), when appropriate.

(b) The Federal Procurement Regu. lations are published as Chapter 1 of this title. The Interior Procurement Regulations which implement and supplement the FPR are published as Chapter 14 of this title. The Bureau Procurement Regulations which implement and supplement the FPR and IPR are published as Chapter 14H of this title. It is the basic policy of the Bureau to apply the Federal Procurement Regulations and the Interior Procurement Regulations. Thus, as to most elements of the procurement process, substantive guidelines will be found by reference to those regulations in the order mentioned.

Subpart 14H-1.2-Definition of Terms

14H-1.205 Procuring activity. 14H-1.206 Head of the procuring activity. 14H-1.270 Definitions and terms pertain

ing to contracts with Indian tribes. 14H-1.270-1 Reservation program. 14H-1.270-2 Indian reservation. 14H-1.270-3 Indian tribe. 14H-1.270-4 Indian tribal contractor.

Subpart 14H-1.3—General Policies

Subpart 14H-1.0—Regulation System

14H-1.302 Procurement sources. 14H-1.302-3 Contracts between the Gov.

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

§ 14H-1.001 Scope of subpart.

This subpart establishes the Bureau of Indian Affairs Procurement Regulations (BIAPR) and states their relationship to the Federal Procurement Regulations (FPR) and the Interior Procurement Regulations (IPR).

Subpart 14H-1.4—Procurement Responsibility

and Authority

§ 14H-1.002 Purpose.

This subpart establishes for the Bureau uniform policies and procedures related to procurement of personal property, nonpersonal services, construction, and real property by lease.

14H-1.402 Authority of contracting offi

cers. 14H-1.404 Selection, designation and ter

mination of designation of contracting

officers. 14H-1.404-2 Designation. 14H-1.404-3 Termination of designation. 14H-1.404-4 Assignment of duties to con

tracting officers. 14H-1.451 Delegation and redelegation of

authority and designation of contracting

officers. 14H-1.451-2 Designation of contracting of

ficer positions. 14H-1.451-6 Limitation of contracting offi

cer authority. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

§ 14H-1.003 Authority.

BIAPR are prescribed by the Commissioner of Indian Affairs (Commissioner) under the Federal Property and Administrative Services Act of 1949, as amended, or other authority specifically cited.

$ 14H-1.004 Applicability.

BIAPR apply to all procurement activities of the Bureau to the extent indicated, unless otherwise provided by law.

$ 14H-1.006 Issuance.

(b) FPR and IPR shall be applicable as issued unless implemented, supplemented, or deviated from in BIAPR.

(c) Matters which pertain to procurement but are primarily for internal guidance whether or not related to the material in FPR and IPR, will be issued as Bureau of Indian Affairs Procurement Instructions (BIAPI). To simplify usage of BIAPI in conjunction with FPR, IPR and BIAPR the same system and format used for those regulations will be followed. A yellow colored paper will be used for BIAPI.

§ 14H-1.006-1 Code arrangement.

BIAPR are issued in the Code of Federal Regulations as Chapter 14H of Title 41, Public Contracts and Property Management. BIAPR contain the alphabetical letter “H” which identifies the Bureau and which immediately follows the Code (14) which identifies the Department as illustrated in IPR.

§ 14H-1.009 Deviation.

$ 14H-1.006-2 Publication.

BIAPR will be published in the FEDERAL REGISTER and in separate looseleaf form on salmon colored paper.

§ 14H-1.007 Arrangement.

§ 14H-1.009--2 Procedure.

Deviations from FPR and IPR by the Bureau will be kept to a minimum and controlled as follows:

(a) Requests for approval of deviations may be submitted by contracting officers to the Commissioner. The requests shall cite the specific part of FPR, or IPR, from which it is desired to deviate, shall set forth the nature of the deviations, and shall give the reasons for the action requested. Requests considered meritorious will be submitted for approval as provided for in IPR. No deviation shall be effective until approved.

$ 14H-1.007-1 General plan.

The general plan, numbering system, and nomenclature used in FPR and IPR, which conform to the FEDERAL REGISTER standards, are adhered to in BIAPR.

[blocks in formation]
« PreviousContinue »