§ 14-1.001 Scope of subpart. This subpart sets forth introductory information pertaining to the Department of the Interior Procurement Regulations System. § 14-1.002 Purpose. This subpart establishes the Interior Procurement Regulations (IPR) as Chapter 14 of the Federal Procurement Regulations System (41 CFR Part 14). § 14-1.003 Authority. IPR are issued pursuant to the authority of 5 U.S.C. 301, 40 U.S.C. 486(c), or other authority specifically stated. § 14-1.004 Applicability. The FPR and IPR apply to all procuring activities of the Department except as otherwise specified by law. § 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. Subsidiary procurement regulations issued by bureaus and offices of the Department are identified by alphabetical designations as subchapters of Chapter 14 as follows: 14A-Office of the Secretary 14B-(Reserved) 14C-(Reserved) 14D-Fish and Wildlife Service 14H-Bureau of Indian Affairs 14J-Bureau of Land Management 14M-(Reserved) 14N-(Reserved) 140-(Reserved) 14P-Office of Surface Mining Reclamation and Enforcement 14Q-(Reserved) 14R-Office of Water Research and Technology 14S-Bureau of Reclamation 14T-(Reserved) 14U-(Reserved) 14V-(Reserved) 14W-(Reserved) 14X-(Reserved) 14Y-(Reserved) 14Z-(Reserved) § 14-1.006-2 Publication. (a) IPR and subsidiary procurement regulations of bureaus and offices are published in the daily issue of the FEDERAL REGISTER and in cumulative form in the Code of Federal Regulations. IPR are also issued in separate looseleaf volume form. (b) Interior Procurement Regulation Directives (IPRD) and subsidiary procurement directives of bureaus and offices are not published in the FEDERAL REGISTER or the Code of Federal Regulations since they contain instructions of interest primarily for internal administrative guidance which do not affect the general public. § 14-1.007 Arrangement. § 14-1.007-1 General plan. The general plan, numbering system, and nomenclature used in the IPR conform to the FPR, to the extent possible. § 14-1.007-3 Citation. IPR shall be cited in accordance with Federal Register standards approved for the FPR. § 14-1.008 Agency implementation. (a) The Interior Procurement Regulations (IPR) System consists of published Departmental procurement regulations (IPR); published subsidiary procurement regulations of bureaus and offices; unpublished Departmental procurement regulation directives (IPRD), and unpublished procurement directives of bureaus and offices. All regulations and directives issued under the IPR System shall be kept to a minimum and shall not repeat, paraphrase, or restate material already contained in the FPR. All issuances shall conform to the style and arrangement of the FPR, to the extent possible. (b) In accordance with FPR 1-1.008, IPR are limited to those regulations deemed necessary for business concerns, and others properly interested, to understand basic and significant Department of the Interior procurement policies and procedures which implement, supplement, or deviate from the FPR. IPR are issued by the Office of Acquisition and Property Management and signed by the Assistant Secretary-Policy, Budget, and Administration or Deputy. (c) Subsidiary procurement regulations of bureaus and offices are limited to those rules necessary for satisfying special and unique needs of a bureau or office which are not covered under other regulations. Subsidiary procurement regulations are reviewed by the Office of Acquisition and Property Management and approved by the Assistant Secretary-Policy, Budget, and Administration or Deputy prior to publication. (d) Interior Procurement Regulation Directives (IPRD) are issued by the Office of Acquisition and Property Management and contain Departmentwide instructions of interest primarily for internal administrative guidance which do not affect the general public. (e) Procurement directives issued by bureaus and offices contain detailed and specific instructions and procedures necessary to provide internal guidance on procurement matters related to the FPR and the IPR System which do not affect the general public. Each bureau and office is required to establish review procedures for exercising oversight of all procurement directives issued to prevent unnecessary duplication of higher-level coverage; ensure consistency and uniformity among issuances, and control the number of directives issued. These review procedures shall be approved by the Office of Acquisition and Property Management prior to implementation. peals, 4015 Wilson Boulevard, Arlington, Virginia 22203.” [46 FR 61462, Dec. 17, 1981] § 14-1.327 Protection of the privacy of individuals. [40 FR 57671, Dec. 11, 1975] § 14-1.327-5 Procedures. The Privacy Act clause under FPR 1-1.327-5(c) shall be supplemented by adding a paragraph (d) as follows: PRIVACY ACT (d) The regulations of the Department of the Interior implementing the Privacy Act of 1974 are set forth in 43 CFR Subtitle A, Part 2, Subpart D. A copy of the regulations may be obtained by submitting a written request therefor to the Departmental Privacy Act Officer, Office of the Assistant Secretary-Policy, Budget and Administration, Department of the Interior, 18th and E Streets, N.W., Washington, D.C. 20240. [46 FR 61462, Dec. 17, 1981] § 14-1.340 Women-owned business. The Office of Small and Disadvantaged Business Utilization is responsible for development and implementation of the Department's women's business enterprise program in accordance with Part 111, Chapter 8 of the Departmental Manual (111 DM 8). [46 FR 49865, Oct. 8, 1981] § 14-1.350 Obtaining a release of claims. (a) A release of claims shall be required in all construction contracts and all cost-reimbursement contracts which exceed $10,000. Depending upon the circumstances present, a release of claims may be required in service (including architect-engineer) and supply contracts. (b) Contracts requiring a release of claims shall include a clause substantially as follows: RELEASE OF CLAIMS After completion of work, and prior to final payment, the Contractor shall furnish to the Contracting Officer, a release of claims against the United States arising out of the contract, other than claims specifically excepted from the operation of the release. (c) Form DI-137 (see IPR 14-16.850) shall be used for all contracts requiring a release of claims. [46 FR 61463, Dec. 17, 1981] § 14-1.351 Paperwork Reduction Act of 1980. (a) General. The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) requires that no federal agency shall conduct or sponsor the collection of information, upon identical items, from ten or more public respondents unless prior approval is obtained from the Office of Management and Budget. (b) Procedures. For contracts which require the collection of information subject to the Paperwork Reduction Act, data requirements shall be defined and clearance obtained prior to issuance of the solicitation, when practical, in accordance with the requirements of Part 305, Chapter 2 of the Department Manual (305 DM 2). (c) Clause. The following clause shall be included in solicitations, and resulting contracts, when performance of the work requires, or may require, collection of information subject to the Paperwork Reduction Act of 1980: PAPERWORK REDUCTION ACT If performance of this contract requires collection of information from ten or more public respondents, no funds shall be expended or any action taken in the solicitation or collection of such information until the contractor has received from the contracting officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The contractor shall provide the contracting officer with all information necessary to obtain approval from OMB. [46 FR 61463, Dec. 17, 1981] § 14-1.354 Indian preference in employment, training, and subcontracting opportunities. (a) Statutory requirements. Section 7(b) of the Indian Self-Determination and Education Assistance Act (sec. 7(b), Pub. L. 93-638; 88 Stat. 2205; 25 U.S.C. 450e(b)) requires that any contract or subcontract entered into pursuant to the Act; the Act of April 16, 1934 (48 Stat. 596; 25 U.S.C. 452), as amended, (the Johnson-O'Malley Act); or any other Act authorizing contracts with Indian organizations or for the benefit of Indians shall require that, to the greatest extent feasible: (1) Preferences and opportunities for training and employment in connection with the administration of such contracts shall be given to Indians; and, (2) Preference in the award of subcontracts in connection with the administration of such contracts shall be given to Indian organizations and to Indian-owned economic enterprises as defined in section 3 of the Indian Financing Act of 1974 (sec. 3, Pub. L. 93-262; 88 Stat. 77; 25 U.S.C. 1452). (b) Applicability. (1) The Indian Preference clause, set forth in § 147.5002 of this chapter, shall be included in all solicitations issued and contracts awarded by: (i) The Bureau of Indian Affairs, except solicitations issued and contracts awarded pursuant to Titles I and II of Pub. L. 93-638, (25 U.S.C. 450 et seq.; and 25 U.S.C. 455 et seq., respectively), (ii) A procuring activity other than the Bureau of Indian Affairs when the contract is entered into pursuant to an act specifically authorizing contracts with Indian organizations and, (iii) A procuring activity other than the Bureau of Indian Affairs where the work to be performed is specifically for the benefit of Indians and is in addition to any incidental benefits which might otherwise accrue to the general public. (2) The Indian Preference Program clause, set forth in § 14-7.5003 of this chapter, shall be included in all solicitations issued and contracts awarded by a procuring activity which may exceed $50,000 which contain the clause required by paragraph (b)(1) of this section and where, prior to solicitation, it is determined that the work under the contract will be performed in whole or in part on or near an Indian reservation(s). The Indian Preference Program clause may also be included in solicitations issued and contracts awarded by a procuring activity which may not exceed $50,000, but which contain the clause required by paragraph (b)(1) of this section and which, in the opinion of the procuring activity, offer substantial opportuni 33-139 0-84--16 ties for Indian employment, training and subcontracting. (c) Definitions. For purposes of this § 14-1.354, the following definitions shall apply: (1) "Indian" means a person who is a member of an Indian Tribe. If the contractor has reason to doubt that a person seeking employment preference is an Indian, the contractor shall grant the preference but shall require the individual within thirty (30) days to provide evidence from the Tribe concerned that the person is a member of that Tribe. (2) "Indian Tribe" means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (3) "Indian organization" means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451). (4) "Indian-owned economic enterprise" means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise. (5) "Indian reservation" includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act, (85 Stat. 688; 43 U.S.C. 1601 et seq.). (6) "On or near an Indian reservation" means on a reservation or the distance within that area surrounding an Indian reservation(s) that a person seeking employment could reasonably be expected to commute to and from in the course of a work day. (d) Compliance enforcement. (1) The procuring activity concerned shall be responsible for conducting periodic re views to insure contractor compliance with the requirements of the clauses set forth in §§ 14-7.5002 and 14-7.5003 of this chapter. These reviews may be conducted with the assistance of the Indian Tribe(s) concerned. (2) Complaints of non-compliance with the requirements of the clauses set forth in §§ 14-7.5002 and 14-7.5003 of this chapter which are filed in writing with the procuring activity shall be promptly investigated and resolved by the contracting officer. (e) Tribal preference requirements. (1) Where the work under a contract is to be performed on an Indian reservation, the procuring activity may supplement the clause set forth in § 147.5003 of this chapter by adding specific Indian preference requirements of the Tribe on whose reservation the work is to be performed. The supplemental requirements shall be jointly developed for the contract by the procuring activity and the Tribe. Supplemental preference requirements must represent a further implementation of the requirements of section 7(b) of Pub. L. 93-638 and must be approved by the Office of the Solicitor for legal sufficiency before being added to a solicitation and resultant contract. Any supplemental preference requirements to be added to the clause in § 14-7.5003 of this chapter shall be included in the solicitation and clearly identified in order to ensure uniform understanding of the additional requirements by all prospective bidders or offerors. (2) Nothing in these regulations shall be interpreted to preclude Tribes from independently developing and enforcing their own tribal preference requirements. Such independently developed tribal preference requirements shall not, except as provided in § 141.354(e)(1) of this section, become a requirement in contracts covered under this section and must not hinder the Government's right to award contracts and to administer their provisions. (5 U.S.C. 301) [44 FR 62513, Oct. 31, 1979] |