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

§ 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 Procurement Regulations (IPR), when appropriate.

(b) The Federal Procurement Regulations 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-1.0—Regulation System § 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).

§ 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-1.003 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.

§ 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-1.006-2 Publication.

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

§ 14H-1.007 Arrangement.

§ 14H-1.007-1 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.

§ 14H-1.007-2 Numbering.

For ease in identification, the numbering system and part, subpart, and section titles used in FPR, and in IPR are also used in BIAPR.

§ 14H-1.007-3 Citation.

Using this section as an example BIAPR should be cited as, "BIAPR 14H-1.007-3." When referred to formally in official documents such as legal briefs, the section should be cited as "41 CFR 14H-1.007-3."

§ 14H-1.008 Agency implementation.

(a) It is Bureau policy to utilize FPR and IPR to the fullest extent possible in the conduct of all procurement matters. The Bureau will conform to this policy by avoiding implementation, supplementation, or deviation from FPR and IPR unless compelling reasons exist for doing so.

(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-1.009 Deviation.

§ 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.

Subpart 14H-1.2-Definition of Terms.

§ 14H-1.205 Procuring activity.

"Procuring activity" means the Bureau of Indian Affairs in which authority to contract for the procurement of personal property, nonpersonal services, and construction is vested.

§ 14H-1.206 Head of the procuring activity.

"Head of the procuring activity" means the Commissioner.

§ 14H-1.270 Definitions and terms pertaining to contracts with Indian tribes. [40 FR 12502, Mar. 19, 1975]

§ 14H-1.270-1 Reservation program. "Reservation program" means all or any part of a program for operating

§ 14H-1.270-4 Indian tribal contractor. "Indian tribal contractor" means the tribal governing body of an Indian tribe as defined in § 14H-1.270-3, any public or private non-profit type corporation or agency which is approved by an Indian tribal governing body and which serves an Indian tribe, or any organization legally established by one or more Indian tribal governing bodies for the benefit of their respective members which is controlled and operated by such Indian tribal governing bodies. With respect to any reservation program, such term refers to an Indian tribe or other organization which represents the particular Indian reservation where such reservation program is located.

[40 FR 12502, Mar. 19, 1975]

Subpart 14H-1.3-General Policies

§ 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 employ

ees.

Contracting Officers shall refer all proposed contracts with Government employees or business concerns substantially owned or controlled by Government employees to the Commissioner. Approval of the Assistant Secretary for Administration will be requested in those instances where the Commissioner determines it would be in the Government's interest to enter into such a contract.

Subpart 14H-1.4-Procurement Responsibility and Authority

§ 14H-1.402 Authority of contracting offi

cers.

The authority under this section shall be exercised in conformity with § 14H-1.451.

§ 14H-1.404 Selection,

designation, and termination of designation of contracting officers.

The authority under this section shall be exercised in conformity with § 14H-1.451.

§ 14H-1.451 Delegation and redelegation of authority and designation of contracting officers.

Except for such limitations as are prescribed elsewhere, the authority delegated to the Commissioner with respect to all matters relating to contracting and procurement of supplies, services, and construction, except the authority to designate contracting officer positions, is hereby redelegated to the contracting officer positions designated in § 14H-1.451-2.

§ 14H-1.451-2 Designation of contracting officer positions.

(a) Each of the following organizational titles is designated as a contracting officer position:

(1) Headquarters Office Officials: (i) Commissioner.

(ii) Deputy Commissioner.

(iii) Director, Office of Administration.

(iv) Chief, Contracting and Grants Administration Staff.

(v) Contract Specialist (Operations). (vi) Chief, Division of Property Management.

(vii) Chief, Division of Facilities Engineering, Albuquerque, New Mexico. (viii) Chief, Branch of Contract Services, Division of Facilities Engineering, Albuquerque, New Mexico.

(ix) Chief, Indian Technical Assistance Center, Denver, Colorado.

(x) Chief, Contracts Group, Indian Technical Assistance Center, Denver, Colorado.

(xi) Property and Supply Officer, Field Administrative Office, Albuquerque, New Mexico.

(2) Area Office Officials:

(i) Area Director.

(ii) Area Administrative Officer.

Subpart 14H-3.8-Price Negotiation Policies and Techniques

14H-3.807 Pricing techniques. 14H-3.807-2 Requirements for price or cost analysis.

14H-3.807-3 Cost or pricing data.

AUTHORITY: Act of November 2, 1921, Ch. 115, 42 Stat. 208 (25 U.S.C. 13); 41 CFR 141.008; sec. 23, Act of June 25, 1910 (36 Stat. 861, as amended; 25 U.S.C. 47).

SOURCE: 40 FR 12502, Mar. 19, 1975, unless otherwise noted.

Subpart 14H-3.2-Circumstances Permitting Negotiation

§ 14H-3.210 Impractical to secure competition by formal advertising.

Indian reservation programs can be performed successfully only by an Indian tribal governing body or by an entity approved by such a body. Therefore, a contract for an Indian reservation program will be made only