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are to be used, as indicated, by the heads Prior to the commencement of work hereof bureaus and offices.

under the contractor shall furnish the con

tracting officer with acceptable evidence Subpart 14-10.4— Insurance Under showing that the insurance coverage de

scribed in this clause has been obtained. Fixed-Price Contracts § 14–10.450 Indemnification.

PART 14-11-FEDERAL, STATE, AND (a) Ordinarily, the Department of the

LOCAL TAXES Interior is not concerned with the insurance programs of fixed-price contractors. Subpart 14–11.3—State and Local However, the Department may be con

Taxes cerned with contractor insurance pro

§ 14–11.302 Applicability. grams when special circumstances exist. See § 1-10.401 of this title. An example The clauses prescribed for use in fixed of such a situation is where a substantial price construction contracts in States portion of the work under a contract con- with sales, excise, and use taxes may be templates the use of the equipment of a found in § 14–7.602–50(6). private individual or concern under an (Sec. 205(C), 63 Stat. 390; 40 U.S.C. 486(c)) equipment rental-type agreement and (33 F.R. 7436, May 18, 1968] the activities of the equipment and operator are to be subject to some degree of

PART 14–18—PROCUREMENT OF direction and control by the Government.

CONSTRUCTION CONTRACTS The Department has determined that in such circumstances the potential mone

Subpart 14-18.1-General Provisions tary losses to the Government resulting

Sec.

14-18.104 from personal injuries or damage to or

Subcontracting. loss of property arising out of accidents

Subpart 14-18.8— Termination of Construction or tortious acts resulting from activities

Contracts of such contractors outweigh the costs

14-18.803 Default termination of fixed involved in a required insurance pro

price construction contracts. gram. In such cases, the clause set out in

14-18.803-5 Procedure in case of default. paragraph (b) below may be used. The

AUTHORITY: The provisions of this part use of contract provisions requiring in

14–18 issued under sec. 205(c), 63 Stat. 390; surance coverage in all other instances

40 U.S.C. 486(c). shall be governed by the provisions of § 1-10.301 of this title.

SOURCE: The provisions of this Part 14-18 (b) The following clause may be used

appear at 35 F.R. 356, Jan. 9, 1970, unless

otherwise noted. in the instances described above: INDEMNIFICATION

Subpart 14–18.1-General Provisions The contractor shall indemnify and hold § 14–18.104 Subcontracting. the Government harmless for any and all

For provisions relating to “Listing of losses, damages, or liability on account of

subcontractors”, see $ 14–7.602–50(1) of personal injury, death, or property damage, or claims for personal injury, death, or prop

this chapter. erty damage of any nature whatsoever and

Subpart 14-18.8—Termination of by whomsoever made, arising out of the activities of the contractor, his employees,

Construction Contracts subcontractors, or agents under the contract.

§ 14–18.803 Default termination of For the purpose of fulfilling his obligations

fixed price construction contracts. under this paragraph, the contractor shall procure and maintain during the term of $ 14-18.803-5 Procedure in

of this contract and any extension thereof

default. liability insurance in form satisfactory to

(a) In addition to the requirements the contracting officer by an insurance com

of § 1-18.803–5 of this title, the notice of pany which is acceptable to the contracting officer. The named insured parties under the

termination shall be specific with respect policy shall be the contractor and the United to the following: States of America. The amounts of the in- (1) Instructions regarding the safesurance shall be not less than as follows:

guarding and disposition of any Govern$ 1 Each Person.

ment property in the possession of the 1 Each Occurrence.

contractor; 1 Property Damage.

(2) Where applicable, a statement that 1 These amounts to be set by the contract- the defaulting contractor and his surety ing officer.

will be liable for liquidated damages at

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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.

PART 14-30_CONTRACT FINANCING Sec. 14-30.50 Contract debts-compromise,

suspension or termina on. Subpart 14-30.4—Advance Payments 14-30.406 Responsibility-delegation of

authority. 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 — compro

mise, 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

Part
14H-1 General.

PART 14H-1-GENERAL

Sec.

14H-1.404 4 Assignment of duties to conAUGUST 19, 1969.

tracting officers. Sec.

14H-1.451 Delegation and redelegation of 14H-1.000 Scope of part.

authority and designation of

contracting officers. Subpart 14H-1.0-Regulation System

14H-1.451-2 Designation of contracting of14H-1.001 Scope of subpart.

ficer positions. 14H-1.002 Purpose.

14H-1.451–6 Limitation of contracting ofi14H-1.003 Authority.

cer authority. 14H-1.004 Applicability. 14H-1.006 Issuance.

AUTHORITY: The provisions of this part 14H-1.006-1 Code arrangement.

14H-1 issued under sec. 205 (c), 63 Stat. 390; 14H-1.006-2 Publication.

40 U.S.C. 486 (c). 141.007 Arrangement.

SOURCE: The provisions of this Part 14H-1 14H-1.007-1 General plan.

appear at 34 F.R. 13659, Aug. 26, 1969, unless 14H-1.007-2 Numbering.

otherwise noted. 14H-1.007-3 Citation. 14H-1.008 Agency implementation.

8 14H-1.000 Scope of part. 14H-1.009 Deviation.

(a) This part establishes a system for 14H-1.009-2 Procedure.

the codification and publication of poliSubpart 14H-1.2-Definition of Terms cies and procedures of the Bureau of In14H-1.205 Procuring activity.

dian Affairs (Bureau) regulations which 14H-1.206 Head of the procuring activity.

implement, supplement or deviate from

the Federal Procurement Regulations Subpart 14H-1.3-General Policies

(FPR) and Interior Procurement Regu14H-1.302 Procurement sources.

lations (IPR), when appropriate. 14H-1.302–3 Contracts between the Govern- (b) The Federal Procurement Regulament and Government em

tions are published as Chapter 1 of this ployees or business concerns

title. The Interior Procurement Regulasubstantially owned or controlled by Government em

tions which implement and supplement ployees.

the FPR are published as Chapter 14 of

this title. The Bureau Procurement RegSubpart 14H-1.4-Procurement Responsibility ulations which implement and suppleand Authority

ment the FPR and IPR are published as 14H-1.402 Authority of contracting offi- Chapter 14H of this title. It is the basic cers.

policy of the Bureau to apply the Fed14H-1.404 Selection, designation and ter

eral Procurement Regulations and the mination of designation of contracting officers.

Interior Procurement Regulations. Thus, 14H-1.404–2 Designation.

as to most elements of the procurement 148-1.4043 Termination of designation. process, substantive guidelines will be

as

found by reference to those regulations $ 14H-1.007-3 Citation. in the order mentioned.

Using this section as an example Subpart 14H-1.0— Regulation System

BIAPR should be cited as, “BIAPR

14H-1.007-3.” When referred to for$ 14H-1.001 Scope of subpart.

mally in official documents such as legal This subpart establishes the Bureau of briefs, the section should be cited as “41 Indian Affairs Procurement Regulations

CFR 14H-1.007-3." (BIAPR) and states their relationship

§ 14H-1.008 Agency implementation. to the Federal Procurement Regulations

(a) It is Bureau policy to utilize FPR (FPR) and the Interior Procurement

and IPR to the fullest extent possible in Regulations (IPR).

the conduct of all procurement matters. § 14H-1.002 Purpose.

The Bureau will conform to this policy This subpart establishes for the Bu

by avoiding implementation, supplemen

tation, or deviation from FPR and IPR reau uniform policies and procedures related to procurement of personal prop

unless compelling reasons exist for doing

SO. erty, nonpersonal services, construction, and real property by lease.

(b) FPR and IPR shall be applicable

as issued unless implemented, supple§ 14H-1.003 Authority.

mented, or deviated from in BIAPR. BIAPR are prescribed by the Commis

(c) Matters which pertain to prosioner of Indian Affairs (Commissioner)

curement but are primarily for internal under the Federal Property and Admin

guidance whether or not related to the istrative Services Act of 1949,

material in FPR and IPR, will be issued amended, or other authority specifically

as Bureau of Indian Affairs Procurement cited.

Instructions (BIAPI). To simplify usage

of BIAPI in conjunction with FPR, IPR $ 14H-1.004 Applicability.

and BIAPR the same system and format BIAPR apply to all procurement ac- used for those regulations will be foltivities of the Bureau to the extent indi

lowed. A yellow colored paper will be cated, unless otherwise provided by law.

used for BIAPI. § 14H-1.006 Issuance.

§ 14H-1.009 Deviation. § 14H-1.006-1 Code arrangement.

§ 14H-1.009–2 Procedure.

Deviations from FPR and IPR by the BIAPR are issued in the Code of Fed

Bureau will be kept to a minimum and eral Regulations as Chapter 14H of Title

controlled as follows: 41, Public Contracts and Property Man

(a) Requests for approval of deviaagement. BIAPR contain the alphabeti

tions may be submitted by contracting cal letter “H” which identifies the

officers to the Commissioner. The reBureau and which immediately follows

quests shall cite the specific part of FPR, the Code (14) which identifies the De

or IPR, from which it is desired to partment as illustrated in IPR.

deviate, shall set forth the nature of § 14H-1.006—2 Publication.

the deviations, and shall give the rea

sons for the action requested. Requests BIAPR will be published in the FED- considered meritorious will be submitted ERAL REGISTER and in separate looseleaf for approval as provided for in IPR. form on salmon colored paper.

No deviation shall be effective until

approved. § 14H-1.007 Arrangement. § 14H-1.007–) General plan.

Subpart 14H-1.2-Definition of Terms

§ 14H-1.205 Procuring activity. The general plan, numbering system, and nomenclature used in FPR and IPR,

"Procuring activity" means the Buwhich conform to the FEDERAL REGISTER

reau of Indian Affairs in which authority standards, are adhered to in BIAPR.

to contract for the procurement of per

sonal property, nonpersonal services, and § 14H-1.007–2 Numbering.

construction is vested. For ease in identification, the number- $ 14H-1.206 Head of the procuring ing system and part, subpart, and sec

activity. tion titles used in FPR, and in IPR are "Head of the procuring activity" also used in BIAPR.

means the Commissioner.

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