(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 their respective Personnel units for guidance in making this determination. [32 F.R. 12115, Aug. 23, 1967]

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]

§ 6-1.350 Procurement by posts within the United States.

Posts are authorized to make small purchases, as provided for in § 6-3.605 of this chapter, directly from sources within the United States.

[33 F.R. 570, Jan. 17, 1968]

§ 6-1.351 Numbering contracts.

[30 F.R. 7247, May 29, 1965] § 6-1.351-1 Policy.

Expenditure and sales contracts required to be numbered are:

(a) Formally advertised contracts. (b) Negotiated contracts in excess of $2,500.

(c) Construction contracts.

(d) All other contracts involving more than one payment or collection regardless of amount.

[30 F.R. 7247, May 29, 1965]

(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 séries. 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]

(a) Post series. The signed original together with the original SF-1036 shall be forwarded to the Department with an operations memorandum, Subject: Finance. A signed copy of the contract with related SF-1036 shall be placed in the contract file (§ 6-1.351-4) and, if feasible, a signed copy furnished the contractor.

(b) FBO series. The signed original and one signed copy of both the contract and the SF-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 Departmental authority, if any, under which the contract was consummated. A signed copy of the contract with a SF-1036 shall be placed in the contract file and, if feasible, a signed copy furnished the contractor.

(c) Where the law of a foreign country requires that the original of a contract be retained in the country, a signed copy shall be forwarded to the Department in lieu of the original.

"Written contract." For the purpose of this section, the term "written contract" 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 documents 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 F.R. 7779, July 31, 1963]

(a) Post series. Written contracts numbered in the post series under § 6-1.351-3 (a) shall be distributed as follows:

(1) The signed original together with the original of the SF-1036 (see §§ 6-2.407-7 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 § 6-1.351-3 (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 §§ 6-2.407-7 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 Deunder partment's Washington series

§ 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.

(2) One signed copy shall be furnished to the contractor.

(3) One signed copy shall be retained in the contract file.

(d) Where the law of a foreign country requires that the original of a written contract be retained in the country, a signed copy shall be forwarded to the Department in lieu of the original. [29 F.R. 12070, Aug. 25, 1964]

§ 6-1.353 English language translations.

If any part of a contract is not written in the English language, an accurate translation of such part shall be attached to the original and each copy of the contract whenever such action is determined to be feasible by the contracting officer.

[28 F.R. 7779, July 31, 1963]

Subpart 6-1.4-Procurement
Responsibility and Authority

SOURCE: The provisions of this Subpart 6-1.4 appear at 33 F.R. 10516, July 24, 1968, unless otherwise noted.

§ 6-1.400 Scope of subpart.

This subpart sets forth the procurement responsibility and authority of the chief officer responsible for procurement and contracting officers, and treats the selection and designation of contracting officers to enter into and administer contracts, interagency agreements, purchase orders, grants, and other contractual arrangements, hereinafter referred to as "contracts" unless otherwise stated. § 6-1.401 Responsibility of the head of

the procuring activity.

The Chief, Supply and Transportation Division, is designated the chief officer responsible for procurement and as such shall provide policy direction and prescribe standards, procedures, and regulations for the award and administration of contracts, both within and outside the United States, except for procurements by the Office of Foreign Buildings and those procurements outside the United States by the Office of Refugee and Migration Affairs.

§ 6-1.402 Authority of contracting officers.

The authority of the Secretary of State to enter into and administer contracts, purchase orders, grants, and other agreements for the expenditure of funds involved in the acquisition of property or nonpersonal services and for the sale of personal property is delegated to those officials designated in § 6-1.404-2 and to any official designated to act for one of those enumerated during the absence or incapacity of the latter, subject to specific limitations stated in this subpart. When exercising the authority contained in this subpart, the designated official is a contracting officer.

§ 6-1.403 Requirements to be met before entering into contracts.

Contracting officers are responsible for the legal, technical, and administrative sufficiency of the contracts they enter into. To this end they shall obtain such available legal, technical, and financial advice as necessary for the proper execution of their duties.

§ 6-1.404 Selection, designation, and termination of designation of contracting officers.

§ 6-1.404-2 Designation.

(a) Unless otherwise limited in this subpart, contracting officers named herein may designate, by delegation of authority, one or more of their subordinates engaged in procurement activities to enter into and administer contracts. Designations will be in writing and will specifically state the scope and limitations of the designee's contractual authority which must be within the scope of authority possessed by the designating contracting officer. The signed original of such delegations of authority shall be retained in the files for examination.

(b) A contracting officer may designate technically qualified personnel as his authorized representatives to assist in the administration of contracts. Such designation shall be in writing and shall define the scope and limitations of the designee's authority. The designation shall be addressed to the designee with a copy given to the contractor. An appropriate contract clause is contained in 6-7.151-11 of this chapter.

(c) The authority described in § 6-1.402 is delegated as follows:

(1) General delegation-Supply and Transportation Division, (i) The au

50-091-71—2

thority to enter into and administer contracts for the expenditure of funds involved in the acquisition of personal property and nonpersonal services, and for the sale of personal property, is delegated to the Chief, Supply and Transportation Division.

(ii) The authority to authorize the publication of paid advertisements, notices, and proposals within the United States is delegated to the Chief, Supply and Transportation Division. This authority may not be redelegated.

(2) Library. The authority to enter into and administer contracts (except grants) is delegated to the Librarian, Principal Acquisition Librarian, and Chief, Technical Services, for the acquisition of newspapers, books, maps, and periodicals, and for the acquisition of publication binding and repair services whenever the acquisition of such services is authorized by the Public Printer pursuant to the provisions of section 12 of the Act of January 12, 1895, 28 Stat. 602, as amended (44 U.S.C. 14).

(3) Office of Foreign Buildings. The authority to enter into and administer contracts is delegated to the Director, Office of Foreign Buildings, for transactions chargeable to funds available under the Foreign Service Buildings Act, 1926, as amended, or in other appropriations made available for foreign buildings operations.

(4) Bureau of Educational and Cultural Affairs. The authority to enter into and administer contracts involving funds available for international educational and cultural activities is delegated to the Executive Director, the Chief, Division of Financial Management, and the Chief, Contract and Transportation Division.

(5) Diplomatic and consular posts located outside the United States. The authority to enter into and administer contracts for the expenditure of funds involved in the acquisition of supplies, equipment, publications, and nonpersonal services; to sell personal property; and to authorize the publication of paid advertisements, notices and proposals, is delegated to the Principal Officer, Administrative Officer and General Services Officer.

(i) This authority, with the exception of that pertaining to paid advertising, may be redelegated to employees of the Foreign Service who are citizens of the United States and, in the case of joint or consolidated administrative opera

tions, to employees of U.S. Government agencies who are citizens of the United States.

(ii) Direct transactions with vendors within the United States shall not exceed $2,500 per transaction unless such transaction is under a contract executed by the Department of State, the General Services Administration or other U.S. Government agency.

(iii) No authority is delegated to enter into cost-reimbursement or fixed-price incentive contracts.

(iv) When expressly authorized by a U.S. Government agency which does not have an authorized contracting officer at the post, the officers named above in this subparagraph may enter into contracts for and on behalf of that agency. The exercise of this authority is subject to the provisions of the regulatory or other contracting officer designation issued by the contracting agency and any relevant administrative support or other interagency agreement. Statutory authorities and regulations of the contracting agency are applicable to contracts entered into pursuant to this authority and the contracting agency is responsible for informing the individual it has designated to act as its contracting officer of pertinent statutes and regulations which supplement, implement or deviate from Chapter 1 of this title. In view of the contracting officer's responsibility for the legal, technical, and administrative sufficiency of the contracts he enters into, questions regarding the propriety of procurement actions that the post is requested to take pursuant to this authority may be referred to the Department for resolution with the headquarters of the agency concerned.

(6) Language Services Division. The authority to enter into and administer contracts (except grants) with individuals to serve as translators or interpreters and for related linguistic and escort services is delegated to the Chief, Assistant Chief and Staff Assistant.

(7) Office of Communications. The authority to enter into and administer contracts (except grants) for leasing wire service circuits is delegated to the Executive Officer and the Chief, Systems and Facilities Division.

(8) Foreign Service Institute. The authority to enter into and administer contracts for planning and conducting seminars; for guest lecturers, instructors, language tutors, area chairmen, and re

This subpart prescribes the procedures for administrative debarments. [31 F.R. 6623, May 4, 1966]

§ 6-1.602 Department of State procedure for administrative debarment. (a) Administrative debarment may be initiated by any Contracting Officer of the Department.

(b) The recommendation for debarment together with a statement of the causes or conditions (§ 1-1.605 of this title), the suggested term of debarment and documentary evidence to support the recommendation will be submitted to the Chief, Supply and Transportation Services Division. If concurred in, the recommendation will be forwarded through the legal advisor to the Deputy Under Secretary of State for Administration for final decision and return to the Chief, Supply and Transportation Services Division.

[31 F.R. 6623, May 4, 1966]

Subpart 6-1.8-Labor Surplus Area Concerns