14-1.706-1 14-1.706-2 14-1.708 14-1.708-2 14-1.708-3 General. Review of SBA set-aside proposals. Certificate of competency program. Application and procedure. Conclusiveness of certificate of competency. AUTHORITY: The provisions of this Part 14-1 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486 (c). SOURCE: The provisions of this Part 14-1 appear at 33 F.R. 853, Jan. 24, 1968, unless otherwise noted. § 14-1.000 Scope of part. (a) The Federal Procurement Regulations System brings together, in Title 41 of the Code of Federal Regulations, the procurement regulations applicable to the civilian agencies of the Government. This part establishes a system of Department of the Interior regulations (IPR) for the codification and publica tion of policies and procedures of the Department which implement and supplement the Federal Procurement Regulations (FPR). (b) It is the basic policy of the Department to apply Federal Procurement Regulations. Thus, as to most elements of the procurement process, substantive guidelines will be found by reference thereto. FPR is published as Chapter 1 of Title 41. IRP will be published as Chapter 14 of the same title. Subpart 14-1.0-Regulation System § 14-1.001 Scope of subpart. This subpart establishes the Department of the Interior Procurement Regulations (IPR) and states their relationship to FPR. § 14-1.002 Purpose. This subpart establishes for the Department of the Interior (Interior) uniform policies and procedures related to the procurement of personal property and nonpersonal services (including construction) and real property by lease. § 14-1.003 Authority. IPR are prescribed by the Secretary under the Federal Property and Administrative Services Act of 1949, as amended, or other authority specifically cited. § 14-1.004 Applicability. IPR apply to all Bureaus and Offices in Interior to the extent indicated unless otherwise provided by law. IPR apply to procurements made within and outside the United States unless otherwise specified. § 14-1.006 Issuance. § 14-1.006-1 Code arrangement. IPR are issued in the Code of Federal Regulations as Chapter 14 of Title 41, Public Contracts and Property Management. Regulations which may be issued by the bureaus and offices of Interior will be identified by alphabetical designations immediately following the Department Code (14), as illustrated below: 14A-Office of the Secretary. 14B-Office of Management Operations. Deviations from FPR and IPR shall be kept to a minimum and controlled as follows: (a) Deviations in both individual cases and classes of cases must be approved in advance by the Assistant Secretary for Administration. Requests for approval of such deviations shall be submitted by the heads of Bureaus and Offices to the Assistant Secretary for Administration. 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. Subpart 14-1.2-Definition of Terms § 14-1.204 Agency. "Agency" means the Department of the Interior. Procuring activity. each "Procuring Activity" means bureau and office of Interior which has authority to contract for the procurement of personal property and nonpersonal services (including construction). § 14-1.206 Head of the procuring activ ity. "Head of the procuring activity" means the head of a bureau or office having overall responsibility for supervision and direction of procuring activities. Subpart 14-1.3-General Policies § 14-1.302 Procurement sources. § 14-1.302-3 Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employees. Proposed contracts with Government employees or business concerns substantially owned or controlled by Government employees shall be subject to the prior approval of the Assistant Secretary for Administration. § 14-1.305-50 Interior specifications. (a) Definition. A specification prepared by a bureau or office of Interior to meet its recurring needs for specialized procurement peculiar to its needs, and for use by other bureaus and offices as need therefor arises. (b) Responsibility. Bureaus and offices of Interior will be responsible for the development and maintenance of specifications which fall within their respective areas of operation. § 14-1.305-51 Index to Federal Specifications and Standards. The "Index of Federal Specifications and Standards" is issued annually, with monthly cumulative supplements. This index contains general information on the use and ordering of Federal Specifications and Standards, and other available Governmental specifications, including Emergency Federal Specifications, GSA Specifications, and Departmental Specifications (issued by various Federal agencies) which, as a rule, have general application and scope and may be used by all agencies. § 14-1.305-52 Availability of copies of specifications and standards. When Federal Specifications and Standards are used, copies should be on file in the office issuing the invitation, so that they may be examined by interested bidders. Prospective bidders should be advised in the invitation that copies of Federal Specifications and Standards may be purchased at a nominal cost from Business Service Centers of the General Services Administration Regional Offices. Other requirements may be obtained from the Federal Supply Service, GSA, Seventh and D Streets SW., Washington, D.C. 20407, by purchase order. Such other requirements will be furnished without charge unless they are substantial in quantity, in which event GSA may require reimbursement. § 14-1.315 Use of liquidated damages provisions in procurement contracts. Contract for construction work shall contain a provision stipulating a reasonable dollar amount that will be assessed for liquidated damages for each calendar day of delay in the completion of the contract not excusable under the terms of the contract. Subpart 14-1.4-Procurement Responsibility and Authority SOURCE: The provisions of this Subpart 14-1.4 appear at 33 F.R. 16276, Nov. 6, 1968, unless otherwise noted. § 14-1.401 Responsibility of the head of the procuring activity. Except as may otherwise be specifically prescribed, the head of each procuring activity has full responsibility for the procurement of supplies, services and construction, including all related matters, under the cognizance of his activity. § 14-1.402 Authority of contracting officers. The authority under § 1-1.402 of this chapter shall be exercised in conformity with the delegation and redelegation of authority in § 14-1.451. § 14-1.404 Selection, designation, and termination of designation of contracting officers. The authority under this section shall be exercised in conformity with § 14-1.451. The requirements of § 14-1.451 are applicable in addition to those in § 1-1.404-3 of this chapter. § 14-1.404-4 Assignment of duties to contracting officers. The requirements of § 14-1.451 are applicable in addition to those in § 1-1.404-4 of this chapter. § 14-1.405 Ratification of unauthorized contract awards. Otherwise proper contracting and procurement actions taken by contracting officers in excess of their delegated authority may be ratified. Such ratifications shall be accomplished in the same manner as prescribed in § 1-1.405 of this chapter. § 14-1.450 Contracting officer's representatives. (d) Each designation of a contracting officer's representative shall be in writing and shall clearly define the scope and limitations of the authority of the representative. Changes in the scope and limitations of authority may be accomplished either by issuance of a new designation or by an amendment to the existing designation. When the same representative is to act for the contracting officer on more than one contract, a separate designation for each contract or a general designation may be issued. (e) A designation of a contracting officer's representative shall remain in effect throughout the life of the contract concerned unless revoked sooner by the contracting officer. § 14-1.450-2 Authority and limitations. A contracting officer's representative may act for the contracting officer in administering a contract but shall not be empowered to execute supplemental agreements, make a final decision on any matter which would be subject to appeal under the disputes clause of the contract, or terminate for any cause the contractor's right to proceed. § 14-1.450-3 Terminations of designations. Terminations of designations of contracting officer's representatives shall be made in writing and may not operate retroactively. § 14-1.450-4 Distribution and acknowledgments of designations and terminations. Two copies of each designation or revision thereof or termination of designation shall be furnished to the contractor by the contracting officer. The contractor shall be required to acknowledge receipt on one copy and return it to the contracting officer for retention. § 14-1.451 Delegation and redelegation of authority and designation of contracting officers. § 14-1.451-1 Delegation of authority. Except for such limitations as are prescribed elsewhere, the authority of the Secretary with respect to all matters relating to contracting and procurement of supplies, services, and construction, is hereby delegated to the contracting officer positions designated in § 14-1.451-2. § 14-1.451-2 Designation of contracting officer positions. (a) Each of the position titles of the following are designated as contracting officer positions: (1) Heads of the bureaus and offices listed in § 14-1.006-1. (b) Heads of bureaus and offices may also designate contracting officer positions. § 14-1.451-3 Exercise and termination of authority. (a) Persons appointed to designated contracting officer positions, or any one designated to act for them in their absence, must exercise their duties and responsibilities in respect thereto in conformity with the authority given. In addition all applicable requirements, statutes, regulations, and executive orders must be complied with. Failure to comply with any of the above requirements may warrant termination of the delegation of authority. (b) The contracting and procurement authority, delegated or redelegated, may be terminated by the delegator for any reason. The same procedures used in delegating or redelegating the authority shall be followed. No termination of authority shall operate retroactively. § 14-1.451-4 Redelegation of authority. (a) The authority delegated in § 141.451-1 may be redelegated to other contracting officer positions in conformity with this section, with such limitations as may be considered appropriate. (b) In determining the extent to which the authority should be redelegated, the following factors should be considered: volume of contracting and procurement programs; presence or capability of obtaining adequately trained personnel; availability of existing offices where the functions, if transferred, could be better exercised; consolidation of smaller contracting and procurement programs and offices with larger program operations and offices on a geographical basis; and the overall strengthening of the contracting and procurement process by the selection of qualified personnel. § 14-1.451-5 Procedures. All redelegations of authority to contracting officer positions and all designations of contracting officer positions shall be published in the FEDERAL REGISTER and shall become effective on the date published, unless a different date is indicated. |