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(b) Accomplish its own acquisition of personal property and nonpersonal services 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. $ 6–1.258 Service contracts. (32 F.R. 12115, Aug. 23, 1967) § 6–1.258–1 Nonpersonal service con

tracts. (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:

(1) 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) $ 6–1.258-2 Personal service contracts. (See section 912.7-2a, Volume 3, Foreign Affairs Manual.) 132 F.R. 12115, Aug. 23, 1967)

Subpart 6-1.3-General Policies § 6-1.302 Procurement sources. (28 F.R. 7779, July 31, 1963) § 6-1.302-1 General.

(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 employ

ees 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] 86-1.351 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)

$ 6–1.351-2 Contract register.

being served, in accordance with their Registers of numbered contracts will

request. be established and maintained by con

(e) Reopening of post. If a post is tract number, contractor, commodity and

closed and subsequently reopened, the period of time on a continuing basis.

same contract symbol shall be used and 130 F.R. 7247, May 29, 1965)

the contract number shall start with the

next consecutive number following the $ 6-1.351–3 Numbering.

last number used before the post was (a) Post series. The post series shall

closed. contain all written contracts except those

(f) Amendment. Contract changes contracts described in paragraphs (b)

and modifications will be assigned the and (d) of this section. The post series

same number as the related contract shall be numbered in the following man

followed by the words “Amendment ner:

No. with the amendments num(1) The capital letter S, signifying the

bered consecutively beginning with numDepartment of State;

ber “1” for each contract. (2) The contract symbol number of

(30 F.R. 7247, May 29, 1965) the post making the procurement;

§ 6-1.351-4 Contract file. (3) The small letters fa preceded by a dash, signifying foreign administration;

Upon execution of a numbered conand

tract, a contract file shall be established (4) A number preceded by a dash to

which shall contain a copy of the signed be assigned to each contract in the post

contract together with all supporting series.

documents, a copy of each rejected bid (5) When contracting for another or proposal together with all supporting post , the post making the contract shall

documents, an abstract of bids showing use their own symbol and series number items accepted or rejected and the reaplus the name of the post for whom pro

sons therefor and any other documents curement is made. For example, the third

pertinent to the award and administracontract in the post series for Accra

tion of the contract. would be numbered S 424-f8-3.

(30 F.R. 7247, May 29, 1905) (b) FBO series. The FBO series shall

$ 6-1.352 Distribution of numbered contain all post issued written contracts

contracts. utilizing office of Foreign Buildings funds including real estate leases utiliz

(a) Post series. The signed original toing Foreign Buildings funds or other gether with the original SF-1036 shall funds. Contracts in the FBO series shall be forwarded to the Department with be numbered in the same manner as for

an operations memorandum, Subject: the post series except that the letters Finance. A signed copy of the contract "FBO" shall be used in lieu of the letters with related SF-1036 shall be placed in "fa”. For example, the third contract

the contract file ($ 6–1.351-4) and, if in the FBO series for Accra would be feasible, a signed copy furnished the numbered 3424_FBO-3.

contractor. (c) Department's Washington series.

(b) FBO series. The signed original The Department's Washington series and one signed copy of both the contract shall contain all written contracts for

and the SF-1036 shall be forwarded to procurement awarded by the Depart

the Department with an operations ment from an office located within the memorandum, Subject: Buildings. The United States except those contracts

memorandum shall specify the approprepared for another agency under para

priation against which the contract will graph (d) of this section. The contract

be paid and shall refer to the Departnumber shall consist of the letters "SCC"

mental authority, if any, under which followed by a dash and the number as

the contract was consummated. A signed

copy of the contract with a SF-1036 shall signed to the contract from the Wash

be placed in the contract file and, if feaington series. For example, the third

sible, a signed copy furnished the concontract in the Department's Washing- tractor. ton series would be numbered SCC-3. (c) Where the law of a foreign coun

(d) Contracts for other Federal agen- try requires that the original of a con. cies. Contracts prepared for other Fed- tract be retained in the country, a signed eral agencies may be numbered in the

copy shall be forwarded to the Departpost series or, if requested by the agency ment in lieu of the original.

(d) Department's Washington series. (c) Department's Washington series. The signed original together with the Written contracts numbered in the Deoriginal SF-1036 if required shall be for- partment's Washington series under warded to the Department's Office of Fi- $ 6–1.351-3(c) shall be distributed as nance. One signed copy shall be re- follows: tained in the contract file and, if feasible, (1) The signed original together with one copy shall be furnished to the con- the original of the SF-1036, if required tractor.

shall be forwarded to the Department's (30 F.R. 7247, May 29, 1965)

Office of Finance.

(2) One signed copy shall be furnished $ 6–1.352-1 Definition.

to the contractor. “Written contract.” For the purpose (3) One signed copy shall be retained of this section, the term "written con- in the contract file. tract" means a contract made in writing (d) Where the law of a foreign counand signed by both of the parties there- try requires that the original of a writto. Such a contract may be a single ten contract be retained in the country, document bearing the signatures of both a signed copy shall be forwarded to the parties or a group of documents prop- Department in lieu of the original. erly signed. For example, when com- (29 F.R. 12070, Aug. 25, 1964) petitive bids are obtained, the written contract will normally consist of an in

§ 6–1.353 English language translations. vitation to bid issued by a contracting If any part of a contract is not written officer, an offer signed by the supplier in the English language, an accurate and an acceptance of offer signed by a translation of such part shall be atcontracting officer.

tached to the original and each copy of (28 F.R. 7779, July 31, 1963)

the contract whenever such action is

determined to be feasible by the con$ 6–1.352-2 Distribution.

tracting officer. (a) Post series. Written contracts (28 F.R. 7779, July 31, 1963) numbered in the post series under § 6–1.351-3(a) shall be distributed as

Subpart 6–1.4-Procurement follows:

Responsibility and Authority (1) The signed original together with

SOURCE: The provisions of this Subpart the original of the SF-1036 (see 6-1.4 appear at 33 F.R. 10516, July 24, 1968, $$ 6–2.407–7 and 6-3.250) shall be for- unless otherwise noted. warded to the Department under cover

$ 6–1.400 Scope of subpart. of an operations memorandum, Subject: Finance.

This subpart sets forth the procure(2) One signed copy shall be furnished ment responsibility and authority of the to the contractor whenever feasible. chief officer responsible for procurement

(3) One signed copy shall be retained and contracting officers, and treats the in the contract file.

selection and designation of contracting (b) FBO series. Written contracts officers to enter into and administer numbered in the FBO series under

contracts, interagency agreements, pur$ 6–1.351-3(b) shall be distributed as chase orders, grants, and other contracfollows:

tual arrangements, hereinafter referred (1) The signed original and one signed to as "contracts" unless otherwise stated. copy together with the original and one

$ 6–1.401 Responsibility of the head of copy of the SF-1036 (see $$ 6–2.407–7 and

the procuring activity. 6-3.250) shall be forwarded to the Department by operations memorandum,

The Chief, Supply and Transportation Subject: Buildings. The transmittal

Division, is designated the chief officer

responsible for procurement and as such shall specify the appropriation against

shall provide policy direction and which the contract will be paid and shall

prescribe standards, procedures, and refer to the Departmental authority, if

regulations for the award and adminany, by which the contract was entered

istration of contracts, both within and into.

outside the United States, except for (2) One signed copy shall be furnished procurements by the Office of Foreign to the contractor.

Buildings and those procurements out(3) One signed copy shall be retained side the United States by the Office of in the contract file.

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 be

fore 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 con

tracting officers. $ 6–1.404–2 Designation.

(a) Unless otherwise limited in this subpart, contracting officers named here. in 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 delegationSupply and Transportation Division, (i) The au

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

9

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

lated professional services; and for tuition, books, and tutorial and other related training services, is delegated to the Director, Deputy Director for Management and Executive Officer.

(9) Office of Overseas Schools. The authority to enter into and administer contracts for the overseas schools assistance activities of the Department is delegated to the Director. (28 F.R. 7779, July 31, 1963, as amended at 34 F.R. 11143, July 2, 1969) $ 6-1.404–3 Termination of designa.

tion. (a) Designated contracting officers who relieve or succeed previously designated contracting officers will assume responsibility for the administration of contracts entered into by the previously designated contracting officers of the activity to which they are assigned. Subpart 6-1.6-Debarred and

Ineligible Bidders § 6-1.601 Purpose.

This subpart prescribes the procedures for administrative debarments. (31 F.R. 6623, May 4, 1966) § 6-1.602 Department of State proce

dure 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

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 $ 6-1.800 Scope of subpart.

Subpart 1-1.8 is not applicable to procurement by the Department outside the United States. (32A CFR Ch. I; 25 F.R. 5283). (28 F.R. 7779, July 31, 1963)

be

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