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86-1.107-1 General plan.

DOSPR. Chapter 19A of IAPR applies The DOSPR conform with the style

only to overseas procurement of USIA. and arrangement of the FPR.

(81 FR. 10193, July 28. 1968] (Redesignated, 81 F.R. 10193, July 28, 1968] 86–1.109 Control of deviations. 86-1.107–2 Numbering.

In the interest of establishing and Material in the DOSPR which imple

maintaining uniformity to the greatest ments or deviates from related material

extent feasible, deviations from the FPR In the FPR is captioned and numbered

System shall be kept to a minimum and to correspond with such material in the

controlled as follows: FPR, except that while the first digit of

(a) Requests for deviations from the the FPR number is 1, the first digit of

FPR and from the DOSPR, in individual the DOSPR number is 6. Material in

cases and in classes of cases, shall be the DOSPR which supplements the FPR

submitted by memorandum. A statewill be assigned numbers 50 or above at

ment setting forth the nature of the the part, subpart, section, or subsection

deviation and the reasons for the special at which there is no counterpart ma

action sought shall be included with the terial in the FPR. For an example, see request, and a copy thereof shall be insection 6–1.350. Where material in the cluded in the contract fille. FPR requires no implementation or devi- (b) Deviations from the FPR and the ation there is no corresponding number DOSPR in individual cases, and from the in the DOSPR. Thus, there are gaps in DOSPR, in classes of cases, may be authe DOSPR sequence of numbers where

thorized by the Chief, Supply and Transthe FPR as written are applicable to

portation Services Division or his desigDepartment of State procurement.

nee, or, in foreign buildings procure(Redesignated, 31 PR. 10193, July 28, 1966)

ment operations, by the Director, Office 86-1.107-3 Citation.

of Foreign Buildings or his designee. The DOSPR will be cited in the same

(c) Deviations from the FPR in classes manner as the FPR are cited. Thus, this of cases will be considered jointly by the section, when referred to in divisions of Department of State and the General the FPR System, should be cited as "sec- Services Administration (GSA) unless tion 6–1.107-3 of this chapter.” When circumstances preclude such effort. In this section is referred to formally in such case, the Chief, Division of Supply official documents, such as legal briefs,

and Transportation Services or the DiIt should be cited as “41 CFR 6-1.107-3."

rector, Office of Foreign Buildings, as Any section of the DOSPR may be in

appropriate, will approve such class deformally identified, for purposes of brev

viations as he determines necessary and ity, as “DOSPR" followed by the section number, such as “DOSPR 6–1.107–3."

will notify GSA of such action.

131 FR. 6622, May 4, 1988) (Redesignated, 81 F.R. 10193, July 28, 1966) 86-1.108 Relationship of the DOSPR,

Subpart 6-1.2-Definition of Terms FPR, and IAPR.

SOURCE: The provisions of this Subpart

8-1.2 appear at 28 F.R. 7779, July 31, 1963, (a) The regulations in the DOSPR unless otherwise noted. Implement, supplement, and in some instances deviate from the FPR. Imple

86-1.201 Definitions. menting material is that which expands For the purpose of this chapter, and upon or indicates the manner of com- unless otherwise indicated, the following pliance with related FPR material. De

terms have the meanings set forth in this viating material is defined in $ 1-1.009.

subpart. Supplementing material is that for which there is no counterpart in the

$ 6–1.250 Government. FPR.

“Government” means the Government (b) The FPR as edited for the For- of the United States of America unless eign Service and the DOSPR have been

specifically stated otherwise. adopted in general for use by the U.S. Information Service. They are to be

6-1.251 Department. used with the U.S. Information Agency "Department” means the Department Regulations (IAPR) which implement, of State, including all of its activities supplement and deviate from the FPR- wherever located.

86–1.252 Post.

"Post" means a diplomatic or consular post of the United States of America. 86-1.253 Local procurement

“Local procurement" means procurement by a post in the country in which the post is located. 86–1.254 Third country procurement.

“Third country procurement” means procurement by a post in a country other than the country in which the post is located and other than the United States. 86-1.255 Central supply post.

“Central supply post" means & past designated to:

(a) Assist and supervise constituent supply posts in the acquisition of personal property and nonpersonal services, and/or

(b) Accomplish its own acquisition of personal property and nonpersonal services without supervision in connection therewith from another post. 86-1.256 Constituent supply post.

Constituent supply post" means any post other than a central supply post. 86-1.257 Supplies.

“Supplies" means personal property, including equipment. 86-1.258 Service contracts. 132 F.R. 12115, Aug. 23, 1967) 86-1.258_1 Nonpersonal service con

tracts. (a) Nonpersonal service contracts are those providing for services to be rendered to the Government, by individuals or organizations, under which:

(1) The Government does not directly supervise the manner of performance of the work and, in the case of organizations, does not reserve the right of selection or dismissal of individual employces; and

(2) The services are of such a nature that:

(1) They are not usually performed by emplo ees; or

(11) they may be more practicably and economically procured by contract.

(b) The types of services that are usually rendered by employees may vary from country to country. Therefore Contracting Officers, both within and outside the United States, should consult

their respective Personnel units for guidance in making this determination. (82 FR 12116, Aug. 23, 1967) 86-1.258-2 Personal service contracts. (See section 912.7–2a, Volume 3, Foreign Affairs Manual.) (32 FR 12116, Aug. 23, 1967)

Subpart 6-1.3—General Policies 86-1.302 Procurement sources. (28 FR 7779, July 81, 1963) 86–1.302-1 General.

(a) Use of the Federal Prison Industries as a source of supply is not re quired in connection with supplies which are both procured and used outside the United States. In addition, pursuant to Federal Prison Industries clearance number C-99360 of the Federal Puson Industries as a source of supply is not required in connection with supplies which are procured inside the United States by posts for use outside United States where the aggregate amount involved in a transaction does not exceed $2,500. Use of the other sources of supply referred to in § 1-1.302–1(&) is not required in connection with supplies which are procured either inside or outside the United States for use outside the United States.

(b) Notwithstanding 8 6–1.302–1(a), in obtaining supplies or services to be used outside the United States the sources of supply listed § 1-1.302–1(a) shall be used wherever, in the judgment of the procurement oficer, requirements can be met satisfactorily on a timely basis by using such sources and the use of these sources is prudent and otherwise in the national interest. (29 P.R. 12070, Aug. 25, 1964) 86-1.302–3 Procurement from employ.

ees of the Government. No procurement of supplies, equipment or services may be made from any employee of the Government through contract, purchase order or any other method of procurement, except where & service or product is not otherwise obtainable and such & determination is made in writing by the principal officer or the Chief, Supply and Transportation Services Division and retained as a part of the procurement file. (31 FR. 6623, May 4, 1966)

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$61.350 Procurement by posts within

the United States. Posts are authorized to make small purchases, as provided for in $ 6–3.605 of this chapter, directly from sources within the United States. (88 FR. 670, Jan. 17, 1968) 86-1.351 Numbering procurement doc

uments. (37 FR 3640, Feb. 18, 1972) 86-1.351-1 Policy.

Procurement documents required to be numbered are:

(a) Formally advertised contracts.
(b) Negotiated contracts.

(c) Purchase orders.
(87 FR 8640, Feb. 18, 1972)
86-1.351-2 Procedure.

All procurement documents shall be numbered in accordance with the Department's worldwide standardized numbering system. This system consists of a set of four digits followed by a hyphen and a second set of six digits. The first set of four digits always will identify the specific allotment/operating allowance to be charged. The second set of six digits will identify the obligation number of the transaction, the first digit of which is reserved to indicate the fiscal year during which the transaction takes place. Procurement documents prepared for other Federal agencies may be numbered in accordance with their requests. (37 FR 3641, Feb. 18, 1972) 86-1.351–3 Numbering modifications

and amendments. Each modification and/or amendment to & procurement document shall be alphabetized in successive order. This alphabetic letter shall be preceded by a hyphen and appear as & suffix to the original procurement document number. (87 FR 8841, Feb. 18, 1972) 86–1.3514 Contract file.

Upon execution of a numbered contract, & contract file shall be established which shall contain a copy of the signed contract together with all supporting documents, a copy of each rejected bid or proposal together with all supporting documents, an abstract of bids showing items accepted or rejected and the reasons therefor and any other documents pertinent to the award and administration of the contract. (30 FR 7247, May 29, 1965)

8 6–1.352 Distribution of numbered

contracts. (a) Post series. The signed original together with the original Standard Form 1036 shall be retained at the post in the contract ille and shall, upon request, be available for audit. A signed copy of the contract shall be furnished the contractor.

(b) FBO series. A signed copy of both the contract and Standard Form 1036 shall be forwarded to the Department with an operations memorandum, Subject: Buildings. The memorandum shall specify the appropriation against which the contract will be paid and shall refer to the Department authority, if any, under which the contract was consummated. The signed original of the contract with a Standard Form 1036 shall be placed in the contract file and shall, upon request, be available for audit. A signed copy of the contract shall be furnished the contractor.

(c) Department's Washington series. The signed original, together with the original Standard Form 1036, if required, shall be forwarded to Financial Services. One signed copy shall be retained in the contract Ale, and upon request, be available for audit. A signed copy of the contract shall be furnished the contractor. (37 FR 3641, Feb. 18, 1972) 86-1.352-1 Definition.

"Written contract." For the purpose of this section, the term "written contract" means a contract made in writing and signed by both of the parties thereto. Such a contract may be a single document bearing the signatures of both parties or a group of documents properly signed. For example, when competitive bids are obtained, the written contract will normally consist of an invitation to bid issued by & contracting oficer, an offer signed by the supplier and an acceptance of offer signed by a contracting oficer. (28 FR. 7779, July 31, 1963) 86-1.352-2 Distribution.

(a) Post series. Written contracts numbered in the post series under § 6–1.351-3(a) shall be distributed as follows:

(1) The signed original together with the original of the SF-1036 (see 88 6–2.407-7 and 6-3.250) shall be forwarded to the Department under cover of an operations memorandum, Subject: Finance.

(2) One signed copy shall be furnished to the contractor whenever feasible.

(3) One signed copy shall be retained in the contract fille.

(b) FBO series. Written contracts numbered in the FBO series under $ 6–1.351-3(b) shall be distributed as follows:

(1) The signed original and one signed copy together with the original and one copy of the SF-1036 (see $$ 6-2.407–7 and 63.250) shall be forwarded to the Department by operations memorandum, Subject: Buildings. The transmittal shall specify the appropriation against which the contract will be paid and shall refer to the Departmental authority, i any, by which the contract was entered into.

(2) One signed copy shall be furnished to the contractor.

(3) One signed copy shall be retained in the contract file.

(c) Departments Washington series. Written contracts numbered in the Department's Washington series under $ 6–1.351-3(c) shall be distributed as follows:

(1) The signed original together with the original of the SF-1036, 1 required shall be forwarded to the Department's Office of Finance.

(2) One signed copy shall be furnished to the contractor.

(3) One signed copy shall be retained in the contract Ale.

(d) Where the law of a foreign country requires that the original of a written contract be retained in the country, & signed copy shall be forwarded to the Department in lieu of the original. [29 P.R. 12070, Aug. 26, 1964) $ 6-1.353 English language translations.

I any part of a contract is not written in the English language, an accurate translation of such part shall be attached to the original and each copy of the contract whenever such action is determined to be feasible by the contracting officer. (28 P.R. 7779, July 81, 1963)

Subpart 6-1.4 Procurement

Responsibility and Authority SOURCE: The provisions of this Subpart 8-1.4 appear at 33 F.R. 10616, July 24, 1968, unless otherwise noted.

86–1.400 Scope of subpart.

This subpart sets forth the procurement responsibility and authority of the chief officer responsible for procurement and contracting officers, and treats tho selection and designation of contracting officers to enter into and administer contracts, interagency agreements, purchase orders, grants, and other contractual arrangements, hereinafter referred to as "contracts" unless otherwise stated. 86-1.401 Responsibility of the head of

the procuring activity. The Chief, Supply and Transportation Division, is designated the chief oficer responsible for procurement and as such shall provide policy direction and prescribe standards, procedures, and regulations for the award and administration of contracts, both within and outside the United States, except for procurements by the Office of Foreign Buildings and those procurements outside the United States by the Ofice of Refugee and Migration Affairs, $ 6–1.402 Authority of contracting

officers. The authority of the Secretary of State to enter into and administer contracts, purchase orders, grants, and other agreements for the expenditure of funds involved in the acquisition of property or nonpersonal services and for the sale of personal property is delegated to those officials designated in § 6-1.404–2 and to any official designated to act for one of those enumerated during the absence or incapacity of the latter, subject to specific limitations stated in this subpart. When exercising the authority contained in this subpart, the designated official is a contracting officer. 86-1.403 Requirements to be met be

fore entering into contracts. Contracting officers are responsible for the legal, technical, and administrative suficiency of the contracts they enter into. To this end they shall obtain such available legal, technical, and financial advice as necessary for the proper execution of their duties. $ 6–1.404 Selection, designation, and

termination of designation of con

tracting officers, 8 6–1.404–2 Designation

(a) Unless otherwise limited in this subpart, contracting officers named herein may designate, by delegation of authority, one or more of their subordinates engaged in procurement activities to enter into and administer contracts. Designations will be in writing and will specifically state the scope and limitations of the designee's contractual authority which must be within the scope of authority possessed by the designating contracting officer. The signed original of such delegations of authority shall be retained in the files for examination.

(b) A contracting officer may designate technically qualified personnel as his authorized representatives to assist in the administration of contracts. Such designation shall be in writing and shall define the scope and limitations of the designee's authority. The designation shall be addressed to the designee with a copy given to the contractor. An appropriate contract clause is contained in $ 6–7.151-11 of this chapter.

(c) The authority described in $ 6-1.402 is delegated as follows:

(1) General delegation Supply and Transportation Division. (i) The authority to enter into and administer contracts for the expenditure of funds involved in the acquisition of personal property and nonpersonal services, and for the sale of personal property, is delegated to the Chief, Supply and Transportation Division.

(1) The authority to authorize the publication of paid advertisements, notices, and proposals within the United States is delegated to the Chief, Supply and Transportation Division. This authority may not be redelegated.

(2) Library. The authority to enter into and administer contracts (except grants) is delegated to the Librarian, Principal Acquisition Librarian, and Chief, Technical Services, for the acquisition of newspapers, books, maps, and periodicals, and for the acquisition of publication binding and repair services whenever the acquisition of such services is authorized by the Public Printer pursuant to the provisions of section 12 of the Act of January 12, 1895, 28 Stat. 602, as amended (44 U.S.C. 14).

(3) Ofice of Foreign Buildings. The authority to enter into and administer contracts is delegated to the Director, Office of Foreign Buildings, for transactions chargeable to funds available under the Foreign Service Buildings Act, 1926, as amended, or in other appropria

tions made available for foreign buildings operations.

(4) Bureau of Educational and Cultural Affairs. The authority to enter into and administer contracts involving funds available for international educational and cultural activities is delegated to the Executive Director, the Chief, Division of Financial Management, and the Chief, Contract and Transportation Division.

(5) Diplomatic and consular posts located outside the United States. The authority to enter into and administer contracts for the expenditure of funds involved in the acquisition of supplies, equipment, publications, and nonpersonal services; to sell personal property; and to authorize the publication of paid advertisements, notices and proposals, 18 delegated to the Principal Officer, Administrative Officer and General Services Officer.

(1) This authority, with the exception of that pertaining to paid advertising. may be redelegated to employees of the Foreign Service who are citizens of the United States and, in the case of joint or consolidated administrative operations, to employees of U.S. Government agencies who are citizens of the United States.

(ii) Direct transactions with vendors within the United States shall not exceed $5,000 per transaction unless such transaction is under a contract executed by the Department of State, the General Services Administration or other U.S. Government Agency. Such transactions with U.S. vendors shall be in accordance with small purchase procedures described in Subpart 1-3.6 of this title and Subpart 6–3.6 of this chapter.

(11) No authority is delegated to enter into cost-reimbursement or fixed-price Incentive contracts.

(iv) When expressly authorized by a U.S. Government agency which does not have an authorized contracting oficer at the post, the officers named above in this subparagraph may enter into contracts for and on behalf of that agency. The exercise of this authority is subject to the provisions of the regulatory or other contracting officer designation issued by the contracting agency and any relevant administrative support or other interagency agreement. Statutory authorities and regulations of the contracting agency are applicable to contracts entered into pursuant to this authority and the contracting agency is responsible for in

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