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Title 41— Public Contracts and

Property Management

(This book contains Chapters 6–17)

Part

SUBTITLE A-FEDERAL PROCUREMENT REGULATIONS SYSTEM (Con-

tinued):

CHAPTER 6–Department of State ...............

Cross REFERENCES: Armed Services Procurement Regulations, 32 CFR, Chapter I,
Subchapter A.
Army Procurement Procedure, 32 CFR, Chapter V, Subchapter G.
Department of the Navy procurement, property, patents, and contracts, 32 CFR, Chap-
ter VI, Subchapter D.

Department of the Air Force Procurement Regulations, 32 CFR, Chapter VII, Sub-
chapter W.

CHAPTER 6-DEPARTMENT OF STATE

Sec. 6–1.404–2 Designation. 6–1.404–3 Termination of designation. Subpart 6–1.6—Debarred and Ineligible Bidders 6–1.601 Purpose. 6-1.602 Department of State procedure for

administrative debarment. Subpart 6–1.8—Labor Surplus Area Concerns 6–1.800 Scope of subpart. Subpart 6-1.9— Reporting Possible Antitrust

Violations 6–1.901 General.

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.

Subpart 6-1.1- Introduction 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. $ 6–1.102 Purpose.

This subpart establishes the Department of State Procurement Regulations (DOSPR) as Chapter 6 of the Federal Procurement Regulations System. $ 6–1.103 Authority.

The DOSPR are prescribed by the Secretary of State pursuant to the Act of May 26, 1949 (63 Stat. 111), as amended, and the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended. $ 6-1.104 Applicability.

(a) The DOSPR and the FPR apply to all procurement of personal property 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. [29 F.R. 12070, Aug. 25, 1964, as amended at 31 F.R. 10193, July 28, 1966) 8 6–1.105 Exclusions.

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) 8 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 devi

ation 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 "sec-
tion 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 in-
formally identified, for purposes of brev-
ity, 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. $ 6–1.250 Government.

"Government” means the Government of the United States of America unless specifically stated otherwise. 86–1.251 Department.

“Department” means the Department of State, including all of its activities wherever located. $ 6–1.252 Post.

“Post" means a diplomatic or consular post of the United States of America. 86-1.253 Local procurement.

"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

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