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AUTHORITY: The provisions of this Part 6-1 issued under sec. 205 (c), 63 Stat. 390, as amended, 40 U.S.C. 486 (c); sec. 4, 63 Stat. 111, 22 U.S.C. 2658.
SOURCE: The provisions of this Subpart 61.1 appear at 28 F.R. 7779, July 31, 1963, unless otherwise noted.
§ 6-1.101 Scope of subpart.
This subpart describes the Department of State Procurement Regulations in terms of establishment, relationship to the Federal Procurement Regulations (FPR), arrangement, applicability, and deviation procedure. Procurement procedures are integrated with the regulations so as to provide a complete, logical and comprehensive publication.
and nonpersonal services (including construction) by the Department of State both within and outside the United States except for those operations which have exemption from the Federal Property and Administrative Services Act of 1949, as amended.
(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).
[29 F.R. 12070, Aug. 25, 1964, as amended at 31 F.R. 10193, July 28, 1966; 36 F.R. 4377, Mar. 5, 1971]
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:
(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.
[Redesignated, 31 F.R. 10193, July 28, 1966] § 6-1.106 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.
[Redesignated, 31 F.R. 10193, July 28, 1966] § 6-1.107 Arrangement.
[Redesignated, 31 F.R. 10193, July 28, 1966]
§ 6-1.107-1 General plan.
The DOSPR conform with the style and arrangement of the FPR. [Redesignated, 31 F.R. 10193, July 28, 1966] § 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 6-1.350. 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 applicable to Department of State procurement. [Redesignated, 31 F.R. 10193, July 28, 1966] § 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 "section 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." [Redesignated, 31 F.R. 10193, July 28, 1966] § 6-1.108
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 § 1-1.009. 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 FPRDOSPR. Chapter 19A of IAPR applies only to overseas procurement of USIA. [31 F.R. 10193, July 28, 1966] § 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 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 deviations as he determines necessary and will notify GSA of such action. [31 F.R. 6622, May 4, 1966]
Subpart 6-1.2-Definition of Terms
SOURCE: The provisions of this Subpart 6-1.2 appear at 28 F.R. 7779, July 31, 1963, unless otherwise noted.
§ 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.
"Local procurement" means procurement by a post in the country in which the post is located.
§ 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. § 6-1.255 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 services without supervision in connection therewith from another post. § 6-1.256
Constituent supply post. "Constituent supply post" means any post other than a central supply post.
§ 6-1.257 Supplies.
"Supplies" means personal property, including equipment.
§ 6-1.258 Service contracts. [32 F.R. 12115, Aug. 23, 1967]
§ 6-1.258-1 Nonpersonal service con
(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 maner 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
(See section 912.7-2a, Volume 3, Foreign Affairs Manual.)
[32 F.R. 12115, Aug. 23, 1967]
Subpart 6-1.3-General Policies
[28 F.R. 7779, July 31, 1963]
(a) Use of the Federal Prison Industries as a source of supply is not required 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 Prison 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 (a) 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 § 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 officer, 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 F.R. 12070, Aug. 25, 1964]
§ 6-1.302-3 Procurement from employees 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 a service or product is not otherwise obtainable and such a 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 F.R. 6623, May 4, 1966]
Registers of numbered contracts will be established and maintained by contract number, contractor, commodity and period of time on a continuing basis. [30 F.R. 7247, May 29, 1965] § 6-1.351-3 Numbering.
(a) Post series. The post series shall contain all written contracts except those contracts described in paragraphs (b) and (d) of this section. The post series shall be numbered in the following manner:
(1) The capital letter S, signifying the Department of State;
(2) The contract symbol number of the post making the procurement;
(3) The small letters fa preceded by a dash, signifying foreign administration; and
(4) A number preceded by a dash to be assigned to each contract in the post series.
(5) When contracting for another post, the post making the contract shall use their own symbol and series number plus the name of the post for whom procurement is made. For example, the third contract in the post series for Accra would be numbered S 424-fa-3.
(b) FBO series. The FBO series shall contain all post issued written contracts utilizing office of Foreign Buildings funds including real estate leases utilizing Foreign Buildings funds or other funds. Contracts in the FBO series shall
be numbered in the same manner as for the post series except that the letters "FBO" shall be used in lieu of the letters "fa". For example, the third contract in the FBO series for Accra would be numbered S424-FBO-3.
(c) Department's Washington series. The Department's Washington series shall contain all written contracts for procurement awarded by the Department from an office located within the United States except those contracts prepared for another agency under paragraph (d) of this section. The contract number shall consist of the letters "SCC" followed by a dash and the number assigned to the contract from the Washington series. For example, the third contract in the Department's Washington series would be numbered SCC-3.
(d) Contracts for other Federal agencies. Contracts prepared for other Federal agencies may be numbered in the post series or, if requested by the agency being served, in accordance with their request.
(e) Reopening of post. If a post is closed and subsequently reopened, the same contract symbol shall be used and the contract number shall start with the next consecutive number following the last number used before the post was closed.
(f) Amendment. Contract changes and modifications will be assigned the same number as the related contract followed by the words "Amendment No.----" with the amendments numbered consecutively beginning with number "1" for each contract.
[30 F.R. 7247, May 29, 1965]
§ 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.
[30 F.R. 7247, May 29, 1965] § 6-1.352
Distribution of numbered
(a) Post series. The signed original together with the original SF-1036 shall be forwarded to the Department with