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86-1.103 Authority.

The DOSPR are prescribed by the Secretary of State pursuant to the Act of May 26, 1949 (63 Stat. 111), as amended, and the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended.

(a) Subject matter which bears a security classification.

(b) Policy or procedure which is expected to be effective for a period of less than six months.

(c) Policy or procedure which is being instituted on an experimental basis for a reasonable period. [28 FR 7779, July 31, 1963. Redesignated at 31 FR 10193, July 28, 1966)

86-1.106 Issuance.

Regulations contained in the DOSPR deemed necessary for business concerns, and others properly interested, to understand basic and significant Department of State procurement policies are published in the Code of Federal Regulations (CFR) as Chapter 6 of Title 41, Public Contracts, and are published in issues of the FEDERAL REGISTER and in separate loose-leaf volume form.

[28 FR 7779, July 31, 1963. Redesignated at 31 FR 10193, July 28, 1966)

8 6–1.104 Applicability.

(a) The DOSPR and the FPR apply to all procurement of personal property and nonpersonal services (including construction) by the Department of State both within and outside the United States except procurement which is exempt from the Federal Property and Administrative Services Act of 1949, as amended (see 40 U.S.C. 474). Procurement under the International Narcotics Control Program is specifically governed by part 6-4 of this chapter.

(b) The DOSPR and FPR do not apply to the acquisition or leasing of real property.

(c) The FPR has been edited for use by the Foreign Service. Those portions which are not applicable to procurement outside the United States have been removed except that the contents pages are complete for reference purposes.

(d) At posts where Joint Administrative Offices have been formed, the DOSPR and the FPR are applicable to procurement from Shared Administrative Support funds. The DOSPR and the FPR are applicable for all AID administrative and technical support procurement, except in areas which have been defined by the AID Office of Administrative Services (A/AS). (Sec. 621(a), 75 Stat. 445 (22 U.S.C. 2381(a)); Sec. 205(c), 63 Stat. 390, as amended (40 U.S.C. 486(c)); Sec. 4, 63 Stat. 111 (22 U.S.C. 2658, as amended))

86-1.107 Arrangement. [28 FR 7779, July 31, 1963. Redesignated at 31 FR 10193, July 28, 1966)

86–1.107-1 General plan.

The DOSPR conform with the style and arrangement of the FPR. [28 FR 7779, July 31, 1963. Redesignated at 31 FR 10193, July 28, 1966)

(29 FR 12070, Aug. 25, 1964, as amended at 31 FR 10193, July 28, 1966; 36 FR 4377, Mar. 5, 1971; 43 FR 50683, Oct. 31, 1978)

8 6–1.107-2 Numbering.

Material in the DOSPR which implements or deviates from related material in the FPR is captioned and numbered to correspond with such material in the FPR, except that while the first digit of the FPR number is 1, the first digit of the DOSPR number is 6. Material in the DOSPR which supplements the FPR will be assigned numbers 50 or above at the part, subpart, section, or subsection at which there is no counterpart material in the FPR. For an example, see section 61.350. Where material in the FPR requires no implementation or deviation there is no corresponding number in the DOSPR. Thus, there are gaps in the DOSPR sequence of numbers where the FPR as written are applica

8 6-1.105 Exclusions.

Certain Department of State policies and procedures which come within the scope of this chapter nevertheless may be excluded from the DOSPR. These exclusions include the following categories:

ble to Department of State procurement.

[28 FR 7779, July 31, 1963. Redesignated at 31 FR 10193, July 28, 1966)

8 6–1.107-3 Citation.

The DOSPR will be cited in the same manner as the FPR are cited. Thus, this section, when referred to in divisions of the FPR System, should be cited as “$ 6-1.107-3 of this chapter.” When this section is referred to formally in official documents, such as legal briefs, it should be cited as “41 CFR 6-1.107-3." Any section of the DOSPR may be informally identified, for purposes of brevity, as "DOSPR” followed by the section number, such as “DOSPR 6-1.107-3." [28 FR 7779, July 31, 1963. Redesignated at 31 FR 10193, July 28, 1966)

special action sought shall be included with the request, and a copy thereof shall be included in the contract file.

(b) Deviations from the FPR and the DOSPR in individual cases, and from the DOSPR, in classes of cases, may be authorized by the Chief, Supply and Transportation Services Division or his designee, or, in foreign buildings procurement operations, by the Director, Office of Foreign Buildings or his designee.

(c) Deviations from the FPR in classes of cases will be considered jointly by the Department of State and the General Services Administration (GSA) unless circumstances preclude such effort. In such case, the Chief, Division of Supply and Transportation Services or the Director, Office of Foreign Buildings, as appropriate, will approve such class devi. ations as he determines necessary and will notify GSA of such action.

(31 FR 6622, May 4, 1966)

Subpart 6-1.2-Definition of Terms

SOURCE: 28 FR 7779, July 31, 1963, unless otherwise noted.

86–1.108 Relationship of the DOSPR,

FPR, and IAPR. (a) The regulations in the DOSPR implement, supplement, and in some instances deviate from the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Deviating material is defined in g 11.009. Supplementing material is that for which there is no counterpart in the FPR.

(b) The FPR as edited for the Foreign Service and the DOSPR have been adopted in general for use by the U.S. Information Service. They are to be used with the U.S. Information Agency Regulations (IAPR) which implement, supplement and deviate from the FPR-DOSPR. Chapter 19A of IAPR applies only to overseas procurement of USIA.

8 6–1.201 Definitions.

For the purpose of this chapter, and unless otherwise indicated, the following terms have the meanings set forth in this subpart.

8 6–1.250 Government.

"Government” means the Government of the United States of America unless specifically stated otherwise.

(31 FR 10193, July 28, 1966)

86–1.251 Department.

“Department” means the Department of State, including all of its activities wherever located.

8 6-1.109 Control of deviations.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR System shall be kept to a minimum and controlled as follows:

(a) Requests for deviations from the FPR and from the DOSPR, in individual cases and in classes of cases, shall be submitted by memorandum. A statement setting forth the nature of the deviation and the reasons for the

86-1.252 Post.

"Post” means a diplomatic or consular post of the United States of Amer. ica.

8 6–1.253 Local procurement.

"Local procurement” means procurement by & post in the country in which the post is located.

8 6–1.254 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 a post 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

vices 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.

8 6–1.258 Service contracts. (32 FR 12115, Aug. 23, 1967)

86–1.258-2 Personal service contraets.

(a) The laws and regulations relating to Federal employment lay down requirements which must be met by the Department in hiring its employees, and establish the governing of employment. In addition, personnel ceilings have been established for the Department and the Foreign Service posts. Except as otherwise authorized by express statutory authority (e.g., 5 U.S.C. 3109 as implemented by the annual Department of State Appropriation Act for expert and consultant services), these laws and regulations must be followed in obtaining personal services. In particular, they shall not be circumvented through the medium of “personal services” contracting, which is the procuring of services by contract in such a manner that the contractor or his employees are in effect employees of the Department.

(b) Contracting Officers should be alert to the following conditions or circumstances, which, if present, could result in an improper personal services contract, if with:

(1) An individual. (i) The contract does not call for an end product which is adequately described in the contract.

(ii) The contract price or fee is based on the time actually worked rather than the results to be accomplished.

(iii) The services are to be of a continuing rather than a temporary or intermittent nature.

(iv) The services to be performed are usually performed by government employees under the supervision of a government official.

(2) A concern. (i) Office space, equipment, and supplies necessary for contract performance are to be furnished by the Department.

(1) Contractor-furnished personnel are to be integrated within the organizational structure of the Department.

(iii) Contractor-furnished personnel are to be used interchangeably with Department personnel to perform the same functions.

(iv) The Department retains the right to control and direct the means and methods by which contractor-furnished personnel accomplish the work.

8 6–1.258-1 Nonpersonal service contracts.

(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 employees; and

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

(i) They are not usually performed by employees; or

(ii) 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. [32 FR 12115, Aug. 23, 1967)

(c) If in the opinion of the contract- not otherwise obtainable and such a ing officer any of the conditions or cir- determination is made in writing by cumstances in paragraph (b) of this the principal officer or the Chief, section are present, he will endeavor Supply and Transportation Services to resolve all doubts regarding the pro- Division and retained as a part of the priety of the proposed contract. Assist- procurement file. ance may be requested from the Chief,

[31 FR 6623, May 4, 1966) Supply and Transportation Division if the contracting officer is unable to re

8 6–1.350 Procurement by posts within the solve the matter.

United States. [42 FR 24740, May 16, 1977]

Posts are authorized to make small

purchases, as provided for in § 6-3.605 Subpart 6-1.3—General Policies

of this chapter, directly from sources

within the United States. 86-1.302 Procurement sources.

(33 FR 570, Jan. 17, 1968) [28 FR 7779, July 31, 1963)

86-1.351 Numbering procurement docu8 6-1.302-1 General.

ments. (a) Use of the Federal Prison Indus

(37 FR 3640, Feb. 18, 1972) tries as a source of supply is not required in connection with supplies

86-1.351-1 Policy. which are both procured and used outside the United States. In addition,

Procurement documents required to pursuant to Federal Prison Industries

be numbered are: clearance number C-99360 of the Fed- (a) Formally advertised contracts. eral Prison Industries as a source of (b) Negotiated contracts. supply is not required in connection (c) Purchase orders. with supplies which are procured

[37 FR 3640, Feb. 18, 1972) inside the United States by posts for use outside United States where the

8 6-1.351-2 Procedure. aggregate amount involved in a transaction does not exceed $2,500. Use of

All procurement documents shall be the other sources of supply referred to

numbered in accordance with the Dein § 1-1.302-1(a) is not required in con

partment's worldwide standardized nection with supplies which are pro

numbering system. This system concured either inside or outside the

sists of a set of four digits followed by United States for use outside the

a hyphen and a second set of six United States.

digits. The first set of four digits (b) Notwithstanding $ 6–1.302-1(a),

always will identify the specific allotin obtaining supplies or services to be ment/operating allowance

be used outside the United States the

charged. The second set of six digits sources of supply listed § 1-1.302-1(a)

will identify the obligation number of shall be used wherever, in the judge

the transaction, the first digit of ment of the procurement officer, re

which is reserved to indicate the fiscal quirements can be met satisfactorily year during which the transaction on a timely basis by using such sources

takes place. Procurement documents and the use of these sources is prudent prepared for other Federal agencies and otherwise in the national interest. may be numbered in accordance with

their requests. [29 FR 12070, Aug. 25, 1964)

(37 FR 3641, Feb. 18, 1972) 86-1.302–3 Procurement from employees of the Government.

86-1.351-3 Numbering modifications and No procurement of supplies, equip

amendments. ment or services may be made from Each modification and/or amend. any employee of the Government ment to a procurement document through contract, purchase order or shall be alphabetized in successive any other method of procurement, order. This alphabetic letter shall be except where a service or product is preceded by a hyphen and appear as a

to

suffix to the original procurement document number. (37 FR 3641, Feb. 18, 1972)

8 6–1.351-4 Contract file.

Upon execution of a numbered contract, a 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.

tract” 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 doc uments properly signed. For example, when competitive bids are obtained, the written contract will normally consist of an invitation to bid issued by a contracting officer, an offer signed by the supplier and an acceptance of offer signed by a contracting officer, [28 FR 7779, July 31, 1963)

(30 FR 7247, May 29, 1965)

86-1.352 Distribution of numbered con

tracts. (a) Post series. The signed original together with the original Standard Form 1036 shall be retained at the post in the contract file 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 file, and upon request, be available for audit. A signed copy of the contract shall be furnished the contractor. (37 FR 3641, Feb. 18, 1972)

8 6–1.352-2 Distribution.

(a) Post series. Written contracts numbered in the post series under $ 61.351-3(a) shall be distributed as follows:

(1) The signed original together with the original of the SF-1036 (see $$ 62.407-7 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 file.

(b) FBO series. Written contracts numbered in the FBO series under $ 61.351-3(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 $ $ 62.407-7 and 6-3.250) 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, if 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) Department's 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, if required shall be forwarded to the Department's Office of Finance.

86-1.352-1 Definition.

"Written contract." For the purpose of this section, the term “written con

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