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Sec. 14-1.450–4 Distribution and acknowledge

ments of designations and

terminations. 14-1.451 Delegation and redelegation of

authority and designation of

contracting officers. 14–1.451–1 Delegation of authority. 14–1.451-2 Designation of contracting offi

cer positions. 14-1.451-3 Exercise and termination of

authority. 14-1.451-4 Redelegation of authority. 14-1.451-5 Procedures.

Subpart 14-1.6-Debarred, Suspended, and

Ineligible Bidders 14-1.602 Establishment and mainte

nance of a list of firms or individuals debarred, sus

pended or declared ineligible. 14-1.603 Treatment to be accorded

firms or individuals in debarred, suspended, or ineligi

ble status. 14-1.604 Causes and conditions applica

ble to determination of debarment by an executive

agency. 14-1.604-1 Procedural requirements relat

ing to the imposition of

debarment. 14-1.605 Suspension of bidder. 14-1.605-1 Causes and conditions under

which executive agencies may

suspend contractors. 14-1.605-4 Notice of suspension. 14-1.606 Agency procedure.

Subpart 14-1.7-Small Business Concerns 14-1.702 Small business policies. 14-1.706 Procurement set-aside for small

business. 14-1.706-1 General. 14-1.706-2 Review of SBA set-aside pro

posals. 14-1.708 Certificate of competency pro

gram. 14-1.708-2 Application and procedure. 14-1.708-3 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. PR 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. 14C—Bureau of Commercial Fisheries. 14D -Bureau of Sport Fisheries. 14E-Bureau of Mines. 14F-Geological Survey. 14G-Office of Coal Research. 14H-Bureau of Indian Affairs.

145—Bureau of Land Management. 14K-National Park Service. 14L-Office of Territories. 14M—The Alaska Power Administration. 14N-Bureau of Outdoor Recreation. 14P/Federal Water Pollution Control Ad

ministration. 14R-Office of Saline Water. 145—Bureau of Reclamation. 14T--Bonneville Power Administration. 140-Southeastern Power Administration. 14W-Southwestern Power Administration. 142-Defense Electric Power Administration. $ 14-1.006-2 Publication.

IPR will be published in the FEDERAL REGISTER and in separate looseleaf form and in a distinctive light blue color. § 14–1.007 Arrangement. $ 14–1.007-1 General plan.

The general plan, numbering system, and nomenclature used in IPR conform to the FEDERAL REGISTER standards approved for FPR. § 14–1.007–2 Numbering.

For ease in identification the numbering system and part, subpart, and section titles used in IPR generally conform with those used in FPR. § 14–1.007–3

Citation. IPR may be cited as indicated below. This section, when referred to, should be cited as “IPR 14–1.007–3.” When referred to formally in official documents such as legal briefs, the section should be cited as “41 CFR 14–1.007–3." $ 14–1.009 Deviation. $ 14–1.009-2 Procedure.

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.

8 14–1.205 Procuring activity,

“Procuring Activity" means each 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 Govern.

ment 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 Speci.

fications 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

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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. $ 14–1.315-2 Policy.

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 con

tracting officers. The authority under this section shall be exercised in conformity with $ 14–1.451. $ 14–1.404–1 Selection.

In addition to the requirements in § 1-1.404–1 of this chapter the follow

ing actions are to be taken before a person is selected as a contracting officer:

(a) Any position description which includes contracting officer functions shall contain a clear statement of the contracting officer duties, responsibilities, authorities and limitations.

(b) An affirmative showing must be made that the person selected as a contracting officer does in fact meet the requirements of the position and has a demonstrated capacity to perform those duties, responsibilities, and functions. § 14–1.404–2 Designation.

It is the Department's policy to delegate and to redelegate authority to positions rather than to individuals. The authority under this section shall be exercised in conformity with § 14–1.451. § 14–1.404–3 Termination of designa

tion. 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. 8 14–1.450 Contracting officer's repre

sentatives. $ 14–1.450–1 Designation.

(a) A contracting officer may designate a person to act as his authorized representative to administer a contract, in whole or in part.

(b) The contracting officer shall ensure that the person designated to act as his authorized representative possesses the necessary qualifications and experience.

(c) Generally, a contracting officer's representative shall be designated by name and position title, but when it is not feasible to make the designation in that manner the title only may be used. (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 designa

tions. Terminations of designations of contracting officer's representatives shall be made in writing and may not operate retroactively. & 14–1.450_4 Distribution and acknowl.

edgments of designations and termi

nations. 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 con

tracting 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 contract

ing 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.

Subpart 14–1.6-Debarred, Sus

pended and Ineligible Bidders $ 14–1.602 Establishment and mainte

nance of a list of firms or individuals debarred, suspended, or declared

ineligible. The Ofice of Survey and Review shall maintain a consolidated list of firms and individuals debarred or suspended as required by § 1-1.602. The list and all correspondence relating thereto are for administrative use only and are not to be disclosed to the public. The list will show the authority for and terms of the debarment or suspension. § 14–1.603 Treatment to be accorded

firms or individuals in debarred, sus

pended, or ineligible status. Administration of current contracts in all phases may be continued, and payment of funds due may be made, notwithstanding the listing of a contractor, unless otherwise directed by the Assistant Secretary for Administration. The Assistant Secretary for Administration shall take action, when required, under § 1-1.603 of this title. 8 14-1.604 Causes and conditions appli

cable to determination of debarment

by an executive agency. Determination to debar or take any other action concerning a firm or individual for a cause or condition for a specified period of time as provided in 8 1-1.604 of this title shall be made by the Assistant Secretary for Administration. Whenever cause for debarment becomes known to the head of a bureau or office, or a contracting officer thereof, the matter shall be submitted, with the recommendations of the head of the bureau or office, to the Assistant Secretary for Administration for appropriate action. § 14–1.604–1 Procedural requirements

relating to the imposition of debar

ment. All actions required by this section shall be taken by the Assistant Secretary for Administration. § 14–1.605 Suspension of bidder. 8 14–1.605–1 Causes and conditions

under which executive agencies may

suspend contractors. All actions required by this section shall be taken by the Assistant Secretary for Administration.

& 14–1.605-4 Notice of suspension.

All actions required under this section shall be taken by the Assistant Secretary for Administration. $ 14-1.606 Agency procedure.

The Assistant Secretary for Administration shall establish and issue procurement instructions on internal procedures and methods for giving effect to Subpart 1-1.6 of Part 1-1 of this title. Suppart 14–1.7—Small Business

Concerns § 14–1.702 Small business policies.

Heads of bureaus and offices shall follow the specific small business policies in order to further the general policy stated in this section and in carrying out the purposes of the Small Business Act, as amended, in accordance with § 1-1.705 of this title. § 14–1.706 Procurement set-aside for

small business. $ 14–1.706–) General.

It is the policy of Interior that each proposed contract with an estimated value of $2,500 to $500,000 for construction (including repair, maintenance and alteration) shall be considered to be initiated for award to a small business concern. § 14–1.706–2 Review of SBA set-aside

proposals. The Assistant Secretary for Administration will take all required actions on any appeals made under this section. When an appeal is received the head of the bureau or office concerned will forward all pertinent material pertaining to the appeal, together with his recommendation, to the Assistant Secretary for Administration. $ 14–1.708 Certificate of competency

program. § 14–1.708—2 Application and proce

dure. If the head of a bureau or office has doubt as to whether the unsatisfactory record of performance can reasonably be attributed solely to lack of capacity and credit, he shall forward all pertinent data, along with his recommendations, to the Assistant Secretary for Administration for appropriate action.

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