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PART 14-1-GENERAL

Sec. 14-1.000 Scope of part.

Subpart 14-1.0— Regulation System 14-1.001 Scope of subpart. 14-1.002 Purpose. 14-1.003 Authority. 14-1.004 Applicability. 14-1.006 Issuance. 14-1.006-1 Code arrangement. 14-1.006-2 Publication. 14-1.007 Arrangement. 14-1.007-1 General plan. 14-1.007-3 Citation. 14-1.008 Agency implementation.

Sec. 14-1.705 Cooperation with the Small Busi

ness Administration. 14-1.705-50 Surety bond guarantee assist

ance. 14-1.706 Procurement set-aside for small

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

als. 14-1.706-5 Total set-asides. 14-1.706-6 Partial set-asides. 14-1.710 Subcontracting with small busi

ness concerns. 14-1.710-2 Small business subcontracting

program.

Subpart 14-1.8—Labor Surplus Area Concerns 14-1.850 Department of the Interior pro

gram direction and operation.

Subpart 14-1.3—General Policies

14-1.318 Disputes. 14-1.318-4 Contracting officer's decision. 14-1.327 Protection of the privacy of indi

viduals. 14-1.327-5 Procedures. 14-1.340 Women-owned business. 14-1.350 Obtaining a release of claims. 14-1.351 Paperwork Reduction Act of 1980. 14-1.354 Indian preference in employment,

training, and subcontracting opportunities.

Subpart 14-1.4-Procurement Responsibility

and Authority

14-1.402 Authority of contracting officers. 14-1.404 Selection, designation, and termi

nation of contracting officers.

Subpart 14-1.13—Minority Business Enterprises 14-1.1300 Scope of subpart. 14-1.1301 Applicability. 14-1.1302 Agency programs. 14-1.1302-1 General 14-1.1302-2 Definitions. 14-1.1302-3 Office of Small and Disadvan.

taged Business Utilization. 14-1.1302-4 Office of Inspector General. 14-1.1302-5 Office of the Solicitor. 14-1.1302–6 Assistant Secretaries. 14-1.1302-7 Heads of procuring activities. 14-1.1302-8 Business utilization and devel

opment specialists. 14-1.1310 Subcontracting with small busi

ness and small disadvantaged business

concerns. 14-1.1350 Small business and small disad

vantaged business vendor sources. 14-1.1351 Reports.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301, unless otherwise noted.

SOURCE: 33 FR 853, Jan. 24, 1968, and 36 FR 15116, Aug. 13, 1971, unless otherwise noted.

Subpart 14-1.6—Debarment, Suspension and

Ineligibility

Sec. 14-1.600 Scope of subpart. 14-1.603 Establishment and maintenance

of a list of debarred, suspended, and in

eligible contractors, and agency records. 14-1.603-1 Consolidated list of debarred,

suspended, and ineligible contractors. 14-1.603-2 Agency records. 14-1.604 Treatment to be accorded listed

contractors. 14-1.604-1 General. 14-1.604-2 Review procedures. 14-1.605 Debarment. 14-1.605-3 Procedures. 14-1.606 Suspension. 14-1.606-3 Procedures.

8 14-1.000 Scope of part.

This part describes the methods by which the Department of the Interior implements, supplements, and deviates from the Federal Procurement Regulations (FPR). [46 FR 49864, Oct. 8, 1981)

Subpart 14-1.0—Regulation System

Subpart 14-1.7—Small Business Concerns 14-1.704 Department of the Interior pro

gram direction and operation. 14-1.704-1 Business utilization and devel

opment specialists.

SOURCE: 46 FR 49864, Oct. 8, 1981, unless otherwise noted.

$ 14–1.001 Scope of subpart.

§ 14-1.006-2 Publication. This subpart sets forth introductory (a) IPR and subsidiary procurement information pertaining to the Depart regulations of bureaus and offices are ment of the Interior Procurement published in the daily issue of the FEDRegulations System.

ERAL REGISTER and in cumulative form

in the Code of Federal Regulations. $ 14-1.002 Purpose.

IPR are also issued in separate looseThis subpart establishes the Interior leaf volume form. Procurement Regulations (IPR) as (b) Interior Procurement Regulation Chapter 14 of the Federal Procure- Directives (IPRD) and subsidiary proment Regulations System (41 CFR curement directives of bureaus and ofPart 14).

fices are not published in the FEDERAL

REGISTER or the Code of Federal Regu$ 14-1.003 Authority.

lations since they contain instructions IPR are issued pursuant to the au- of interest primarily for internal adthority of 5 U.S.C. 301, 40 U.S.C. ministrative guidance which do not 486(c), or other authority specifically affect the general public. stated.

§ 14-1.007 Arrangement. $ 14–1.004 Applicability.

8 14-1.007-1 General plan. The FPR and IPR apply to all procuring activities of the Department The general plan, numbering except as otherwise specified by law. system, and nomenclature used in the

IPR conform to the FPR, to the $ 14-1.006 Issuance.

extent possible. $ 14-1.006-1 Code arrangement.

§ 14-1.007–3 Citation. IPR are issued in the Code of Feder

IPR shall be cited in accordance al Regulations as Chapter 14 of Title

with Federal Register standards ap41. Subsidiary procurement regula

proved for the FPR. tions issued by bureaus and offices of the Department are identified by al 8 14-1.008 Agency implementation. phabetical designations as subchapters of Chapter 14 as follows:

(a) The Interior Procurement Regu

lations (IPR) System consists of pub14A-Office of the Secretary

lished Departmental procurement reg14B–(Reserved) 14C—(Reserved)

ulations (IPR); published subsidiary 14D–Fish and Wildlife Service

procurement regulations of bureaus 14E-Bureau of Mines

and offices; unpublished Departmen14F-Geological Survey

tal procurement regulation directives 14G-(Reserved)

(IPRD), and unpublished procurement 14H-Bureau of Indian Affairs

directives of bureaus and offices. All 141-(Reserved) 14J-Bureau of Land Management

regulations and directives issued under 14K-National Park Service

the IPR System shall be kept to a 14L-Office of Territorial Affairs

minimum and shall not repeat, para14M-(Reserved)

phrase, or restate material already 14N-(Reserved)

contained in the FPR. All issuances 140–(Reserved)

shall conform to the style and ar14P-Office of Surface Mining Reclamation

rangement of the FPR, to the extent and Enforcement 14Q-(Reserved)

possible. 14R-Office of Water Research and Tech (b) In accordance with FPR 1-1.008. nology

IPR are limited to those regulations 145-Bureau of Reclamation

deemed necessary for business con14T-(Reserved)

cerns, and others properly interested, 14U-(Reserved)

to understand basic and significant 14V-(Reserved) 14W-(Reserved)

Department of the Interior procure14X-(Reserved)

ment policies and procedures which 14Y-(Reserved)

implement supplement, or deviate 147—(Reserved)

from the FPR. IPR are issued by the Office of Acquisition and Property peals, 4015 Wilson Boulevard, ArlingManagement and signed by the Assist

signed by the Assist. ton, Virginia 22203." ant Secretary-Policy, Budget, and Ad

(46 FR 61462, Dec. 17, 1981) ministration or Deputy. (c) Subsidiary procurement regula

14-1.327 Protection of the privacy of in. tions of bureaus and offices are limit

dividuals. ed to those rules necessary for satisfying special and unique needs of a [40 FR 57671, Dec. 11, 1975] bureau or office which are not covered under other regulations. Subsidiary

$ 14-1.327-5 Procedures. procurement regulations are reviewed The Privacy Act clause under FPR by the Office of Acquisition and Prop. 1-1.327-5(c) shall be supplemented by erty Management and approved by the adding a paragraph (d) as follows: Assistant Secretary-Policy, Budget, and Administration or Deputy prior to

PRIVACY ACT publication.

(d) The regulations of the Department of (d) Interior Procurement Regulation the Interior implementing the Privacy Act Directives (IPRD) are issued by the of 1974 are set forth in 43 CFR Subtitle A, Office of Acquisition and Property Part 2, Subpart D. A copy of the regulations Management and contain Department may be obtained by submitting a written rewide instructions of interest primarily quest therefor to the Departmental Privacy for internal administrative guidance

Act Officer, Office of the Assistant Secre.

tary-Policy, Budget and Administration, which do not affect the general public.

Department of the Interior, 18th and E (e) Procurement directives issued by

Streets, N.W., Washington, D.C. 20240. bureaus and offices contain detailed and specific instructions and proce

[46 FR 61462, Dec. 17, 1981) dures necessary to provide internal

8 14-1.340 Women-owned business. guidance on procurement matters related to the FPR and the IPR System The Office of Small and Disadvanwhich do not affect the general public. taged Business Utilization is responsi. Each bureau and office is required to ble for development and implementaestablish review procedures for exer- tion of the Department's women's cising oversight of all procurement di

business enterprise program in accordrectives issued to prevent unnecessary

ance with Part 111, Chapter 8 of the duplication of higher-level coverage; Departmental Manual (111 DM 8). ensure consistency and uniformity among issuances, and control the [46 FR 49865, Oct. 8, 1981) number of directives issued. These review procedures shall be approved

$ 14-1.350 Obtaining a release of claims. by the Office of Acquisition and Prop (a) A release of claims shall be reerty Management prior to implemen- quired in all construction contracts tation.

and all cost-reimbursement contracts

which exceed $10,000. Depending upon Subpart 14-1.3—General Policies the circumstances present, a release of

claims may be required in service (in. § 14-1.318 Disputes.

cluding architect-engineer) and supply (46 FR 61462, Dec. 17, 1981)

contracts.

(b) Contracts requiring a release of § 14-1.318-4 Contracting officer's deci. claims shall include a clause substansion.

tially as follows: A final decision issued by a contract

RELEASE OF CLAIMS ing officer shall include the paragraph under FPR 1-1.318—4(b)(1), except

After completion of work, and prior to the second sentence shall be modified

final payment, the Contractor shall furnish

to the Contracting Officer, a release of to read as follows: "This decision may

claims against the United States arising out be appealed to the Department of the of the contract, other than claims specificalInterior. Office of Hearings and Ap ly excepted from the operation of the repeals, Interior Board of Contract Ap- lease.

(c) Form DI-137 (see IPR 14-16.850) or any other Act authorizing contracts shall be used for all contracts requir- with Indian organizations or for the ing a release of claims.

benefit of Indians shall require that,

to the greatest extent feasible: (1) (46 FR 61463, Dec. 17, 1981)

Preferences and opportunities for 8 14-1.351 Paperwork Reduction Act of training and employment in connec1980.

tion with the administration of such

contracts shall be given to Indians; (a) General. The Paperwork Reduc

and, (2) Preference in the award of tion Act of 1980 (44 U.S.C. 3501 et

subcontracts in connection with the seq.) requires that no federal agency

administration of such contracts shall shall conduct or sponsor the collection

be given to Indian organizations and of information, upon identical items,

to Indian-owned economic enterprises from ten or more public respondents

as defined in section 3 of the Indian unless prior approval is obtained from

Financing Act of 1974 (sec. 3, Pub. L. the Office of Management and Budget.

93-262; 88 Stat. 77; 25 U.S.C. 1452). (b) Procedures. For contracts which

(b) Applicability. (1) The Indian require the collection of information

Preference clause, set forth in § 14subject to the Paperwork Reduction

7.5002 of this chapter, shall be includAct, data requirements shall be de

ed in all solicitations issued and confined and clearance obtained prior to

tracts awarded by: issuance of the solicitation, when prac

(i) The Bureau of Indian Affairs, tical, in accordance with the require

except solicitations issued and conments of Part 305, Chapter 2 of the

tracts awarded pursuant to Titles I Department Manual (305 DM 2).

and II of Pub. L. 93-638, (25 U.S.C. 450 (c) Clause. The following clause

et seq.; and 25 U.S.C. 455 et seq., reshall be included in solicitations, and

spectively), resulting contracts, when performance

(ii) A procuring activity other than of the work requires. or may require the Bureau of Indian Affairs when the collection of information subject to contract is entered into pursuant to an the Paperwork Reduction Act of 1980: act specifically authorizing contracts

with Indian organizations and, PAPERWORK REDUCTION ACT

(iii) A procuring activity other than If performance of this contract requires the Bureau of Indian Affairs where collection of information from ten or more the work to be performed is specificalpublic respondents, no funds shall be ex

ly for the benefit of Indians and is in pended or any action taken in the solicita

addition to any incidental benefits tion or collection of such information until the contractor has received from the con

which might otherwise accrue to the tracting officer written notification that ap

general public. proval has been obtained from the Office of (2) The Indian Preference Program Management and Budget (OMB) pursuant clause, set forth in § 14-7.5003 of this to the Paperwork Reduction Act of 1980. chapter, shall be included in all soliciThe contractor shall provide the contract tations issued and contracts awarded ing officer with all information necessary to

by a procuring activity which may obtain approval from OMB.

exceed $50,000 which contain the (46 FR 61463, Dec. 17, 1981)

clause required by paragraph (b)(1) of 8 14-1.354 Indian preference in employ

this section and where, prior to solici.

tation, it is determined that the work ment, training, and subcontracting op

under the contract will be performed portunities.

in whole or in part on or near an (a) Statutory requirements. Section Indian reservation(s). The Indian 7(b) of the Indian Self-Determination Preference Program clause may also and Education Assistance Act (sec. be included in solicitations issued and 7(b), Pub. L. 93-638; 88 Stat. 2205; 25 contracts awarded by a procuring acU.S.C. 450e(b)) requires that any con- tivity which may not exceed $50,000, tract or subcontract entered into pur- . but which contain the clause required suant to the Act; the Act of April 16, by paragraph (b)(1) of this section and 1934 (48 Stat. 596; 25 U.S.C. 452), as which, in the opinion of the procuring amended, (the Johnson-O'Malley Act); activity, offer substantial opportuni

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ties for Indian employment, training views to insure contractor compliance and subcontracting.

with the requirements of the clauses (c) Definitions. For purposes of this set forth in $ $ 14-7.5002 and 14-7.5003 $ 14-1.354. the following definitions of this chapter. These reviews may be shall apply:

conducted with the assistance of the (1) "Indianmeans a person who is a Indian Tribe(s) concerned. member of an Indian Tribe. If the con

(2) Complaints of non-compliance tractor has reason to doubt that a

with the requirements of the clauses person seeking employment prefer

set forth in $ $ 14-7.5002 and 14-7.5003 ence is an Indian, the contractor shall

of this chapter which are filed in writgrant the preference but shall require

ing with the procuring activity shall the individual within thirty (30) days

be promptly investigated and resolved to provide evidence from the Tribe

by the contracting officer. concerned that the person is a member of that Tribe.

(e) Tribal preference requirements. (2) "Indian Tribe” means an Indian

(1) Where the work under a contract is Tribe, band, nation, or other organized

ther organized to be performed on an Indian reservagroup or community, including any

tion, the procuring activity may supAlaska Native village or regional or vil. plement the clause set forth in § 14lage corporation as defined in or estab- 7.5003 of this chapter by adding spelished pursuant to the Alaska Native cific Indian preference requirements Claims Settlement Act (85 Stat. 688; of the Tribe on whose reservation the 43 U.S.C. 1601) which is recognized as work is to be performed. The suppleeligible for the special programs and mental requirements shall be jointly services provided by the United States developed for the contract by the proto Indians because of their status as curing activity and the Tribe. SuppleIndians.

mental preference requirements must (3) "Indian organization" means the

represent a further implementation of governing body of any Indian Tribe or the requirements of section 7(b) of entity established or recognized by Pub. L. 93-638 and must be approved such governing body in accordance

by the Office of the Solicitor for legal with the Indian Financing Act of 1974

sufficiency before being added to a so(88 Stat. 77; 25 U.S.C. 1451).

licitation and resultant contract. Any (4) "Indian-owned economic enterprise" means any Indian-owned com

supplemental preference requirements

to be added to the clause in 8 14-7.5003 mercial, industrial, or business activity established or organized for the pur

of this chapter shall be included in the pose of profit provided that such

solicitation and clearly identified in Indian ownership shall constitute not

order to ensure uniform understandless than 51 percent of the enterprise.

ing of the additional requirements by (5) "Indian reservation" includes all prospective bidders or offerors. Indian reservations, public domain (2) Nothing in these regulations Indian allotments, former Indian res- shall be interpreted to preclude Tribes ervations in Oklahoma, and land held from independently developing and by incorporated Native groups, region- enforcing their own tribal preference al corporations, and village corpora requirements. Such independently detions under the provisions of the veloped tribal preference requirements Alaska Native Claims Settlement Act, shall not, except as provided in g 14(85 Stat. 688; 43 U.S.C. 1601 et seq.). 1.354(e)(1) of this section, become a re

(6) “On or near an Indian reserva quirement in contracts covered under tion" means on a reservation or the this section and must not hinder the distance within that area surrounding

Government's right to award contracts an Indian reservation(s) that a person

and to administer their provisions. seeking employment could reasonably be expected to commute to and from (5 U.S.C. 301) in the course of a work day.

[44 FR 62513, Oct. 31, 1979) (d) Compliance enforcement. (1) The procuring activity concerned shall be responsible for conducting periodic re

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