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the rate specified until such reasonable time as may be required to complete the work; and

(3) Instructions regarding the acquisition by the Government of such materials, appliances, and plant as may be on the site of the construction work and necessary therefor.

(b) Language suggesting cancellation of the contract shall be avoided in issuing the notice of termination.

(c) The termination notice shall be signed by the contracting officer or other person properly vested with such authority.

(d) In order to assure that the contractor receives the termination notice, the contracting officer shall forward such notice via certified mail, return receipt requested, or other appropriate means which will assure a signed receipt for the notice.

(e) A copy of the notice shall be furnished to any assignee of the contractor for the particular contract involved.

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14-30.406-50 Special approvals.

AUTHORITY: The provisions of this Part 14-30 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 14-30 appear at 33 F.R. 16278, Nov. 6, 1968, unless otherwise noted.

§ 14-30.50 Contract debts-compromise, suspension or termination.

The Federal Claims Collections Act of 1966 (80 Stat. 308, 31 U.S.C. 951-953) authorizes the compromise of civil claims of the Federal Government that do not exceed $20,000. This statute also authorizes termination or suspension of collection action on such claims. Actions under this statute must conform to standards prescribed jointly by the Attorney General of the United States and the Comptroller General of the United States. These controlling standards have been established by joint regulations (4 CFR Ch. II, 31 F.R. 13381, Oct. 15, 1966). Interior authority under the above statute and joint regulations concerning in

debtedness arising in connection with contracts for procurement of property or services, contracts for sale or use of Government property, and charges for Government services has been delegated as follows:

(a) For compromise of such indebtedness, to the Solicitor.

(b) For termination or suspension of such indebtedness, to the head of the bureau or office having jurisdiction over the contracts under which such indebtedness arises with the approval of the Solicitor.

[35 F.R. 226, Jan. 7, 1970] Subpart 14-30.4-Advance Payments § 14-30.406 Responsibility-delegation of authority.

Proposed contracts (or class of similar contracts) that are to contain provisions for advance payments shall be executed only after the clause pertaining to the advance payment and any other terms or conditions related thereto have been approved. Approval shall be obtained from the Assistant Secretary for Administration after he has determined, based upon written findings as provided in § 1-30.405 of this chapter, that the making of the advance payments is in the public interest. The contracting officer may make the advance payment once the approval has been obtained. § 14-30.406-50 Special approvals.

(a) Under contracts with States or similar public bodies for foster home care of Indian children, the Commissioner of Indian Affairs is authorized to make advance payments for periods not in excess of 90 days. The Commissioner is required to make a detailed report to the Assistant Secretary for Administration of such payments at the close of each fiscal year.

(b) Under contracts with State Universities or similar public bodies for surveys of physical resources and the development of studies of social and economic factors affecting Indian tribes, the Commissioner of Indian Affairs is authorized, without specific security, to make advance payments for periods not in excess of 90 days. The Commissioner is required to make a detailed report to the Assistant Secretary for Administration of such payments at the close of each fiscal year.

CHAPTER 14H-BUREAU OF INDIAN AFFAIRS,

DEPARTMENT OF THE INTERIOR

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14H-1.002

14H-1.003

14H-1.004

14H-1.006

Scope of subpart.

Purpose.

14H-1.006-1 Code arrangement.

Authority.

Applicability.

Issuance.

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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 offcer authority.

AUTHORITY: The provisions of this Part 14H-1 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 14H-1 appear at 34 F.R. 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, amended, or other authority specifically cited.

§ 14H-1.004 Applicability.

as

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(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.

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Subpart 14H-1.3-General Policies

§ 14H-1.302 § 14H-1.302-3

Procurement sources.

Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employees.

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

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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-1.404-2 Designation.

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

§ 14H-1.404-3 Termination of designation.

The requirements of this section shall be exercised in conformity with § 14H-1.451

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(a) Each of the following organizational titles are designated as contracting officer positions:

(1) Headquarters Office Officials: (i) Associate Commissioner for Support Services.

(ii) Director of Operating Services. (iii) Chief, Division of Property and Supply Management.

(iv) Chief, Division of Plant Design and Construction, Albuquerque, N. Mex. (v) Chief, Plant Management Engineering Center, Littleton, Colo.

(vi) Executive Officer, Indian Affairs Data Center, Albuquerque, N. Mex.

(vii) Property and Supply Officer, Indian Affairs Data Center, Albuquerque, N. Mex.

(2) Area Office officials:
(i) Area Director.

(ii) Deputy Area Director.

(iii) Assistant Area Director, Minneapolis and Sacramento Area Offices. (iv) Assistant Area Director for Administration.

(v) Area Administrative Officer. (vi) Area Property and Supply Officer. (vii) Contract Engineering Adviser, Portland, Oreg.

(viii) Administrative Officer and Special Representative, Seattle, Wash. [34 F.R. 13659, Aug. 26, 1969, as amended at 35 F.R. 5403, Apr. 1, 1970]

§ 14H-1.451-6 Limitation of contracting officer authority.

Contract Engineering Advisor, Portland, Oreg., is limited to the approval of nonnegotiated construction contracts not exceeding $25,000.

[35 F.R. 11398, July 16, 1970]

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