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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.

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—Debarred, Suspended and

Ineligible Bidders

14-1.600 Scope of subpart. 14-1.602 Establishment and maintenance

of a list of firms or individuals debarred,

suspended, or declared ineligible. 14-1.603 Treatment to be accorded firms or

individuals in debarred, suspended, or

ineligible status. 14-1.604 Causes and conditions applicable

to determination of debarment by an ex

ecutive agency. 14-1.604-1 Procedural requirements relat

ing to the imposition of debarment. 14-1.605 Suspension of bidders. 14-1.605-1 Causes and conditions under

which executive agencies may suspend

contractors. 14-1.605-4 Notice of suspension. 14-1.606 Agency procedure.

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).

Subpart 14-1.7—Small Business Concerns

(46 FR 49864, Oct. 8, 1981)

14-1.704 Department of the Interior pro

gram direction and operation.

Subpart 14-1.0—Regulation System

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

140-(Reserved) 14V-(Reserved) 14W-(Reserved) 14X-(Reserved) 14Y-(Reserved) 147—(Reserved)

$ 14-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Department of the Interior Procurement Regulations System. 8 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).

8 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 of. fices 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.

8 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.

8 14-1.007 Arrangement.

8 14-1.004 Applicability.

The FPR and IPR apply to all procuring activities of the Department except as otherwise specified by law.

8 14-1.006 Issuance.

8 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.

8 14-1.007-3 Citation.

IPR shall be cited in accordance with Federal Register standards approved for the FPR.

8 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 14E-Bureau of Mines 14F-Geological Survey 14G-(Reserved) 14H-Bureau of Indian Affairs 141-(Reserved) 14J-Bureau of Land Management 14K-National Park Service 14L-Office of Territorial Affairs 14M-(Reserved) 14N-(Reserved) 140–(Reserved) 14P-Office of Surface Mining Reclamation

and Enforcement 140—(Reserved) 14R-Office of Water Research and Tech

nology 145-Bureau of Reclamation 14T-(Reserved)

8 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 11.008, IPR are limited to those regulations deemed necessary for business

under FPR 1-1.318—4(b)(1), except the second sentence shall be modified to read as follows: “This decision may be appealed to the Department of the Interior. Office of Hearings and Appeals, Interior Board of Contract Appeals, 4015 Wilson Boulevard, Arlington, Virginia 22203." [46 FR 61462, Dec. 17, 1981)

8 14-1.327 Protection of the privacy of in

dividuals. [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

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.

(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)

8 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)

8 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:

Subpart 14-1.3-General Policies

§ 14-1.318 Disputes. (46 FR 61462, Dec. 17, 1981)

§ 14-1.318-4 Contracting officer's deci.

sion. A final decision issued by a contracting officer shall include the paragraph

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) 8 14-1.354 Indian preference in employ

ment, training, and subcontracting op

portunities. (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 ac

tivity which may not exceed $50,000, be expected to commute to and from but which contain the clause required in the course of a work day. by paragraph (b)(1) of this section and (d) Compliance enforcement. (1) The which, in the opinion of the procuring procuring activity concerned shall be activity, offer substantial opportuni- responsible for conducting periodic reties 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) “Indian” means 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

(e) Tribal preference requirements. member of that Tribe.

(1) Where the work under a contract is (2) "Indian Tribe" means an Indian

to be performed on an Indian reservaTribe, band, nation, or other organized tion, the procuring activity may supgroup or community, including any

plement the clause set forth in § 14Alaska Native village or regional or vil- 7.5003 of this chapter by adding spelage corporation as defined in or estab

cific Indian preference requirements lished pursuant to the Alaska Native

of the Tribe on whose reservation the Claims Settlement Act (85 Stat. 688; work is to be performed. The supple43 U.S.C. 1601) which is recognized as

mental requirements shall be jointly eligible for the special programs and developed for the contract by the proservices provided by the United States

curing activity and the Tribe. Suppleto Indians because of their status as

mental preference requirements must Indians.

represent a further implementation of (3) "Indian organization” means the

the requirements of section 7(b) of governing body of any Indian Tribe or Pub. L. 93-638 and must be approved entity established or recognized by by the Office of the Solicitor for legal such governing body in accordance

sufficiency before being added to a sowith the Indian Financing Act of 1974 licitation and resultant contract. Any (88 Stat. 77; 25 U.S.C. 1451).

supplemental preference requirements (4) “Indian-owned economic enter- to be added to the clause in § 14-7.5003 prise" means any Indian-owned com

of this chapter shall be included in the mercial, industrial, or business activity

solicitation and clearly identified in established or organized for the pur- order to ensure uniform understandpose of profit provided that such ing of the additional requirements by Indian ownership shall constitute not

all prospective bidders or offerors. less than 51 percent of the enterprise.

(2) Nothing in these regulations (5) "Indian reservation" includes

shall be interpreted to preclude Tribes Indian reservations, public domain

from independently developing and Indian allotments, former Indian res

enforcing their own tribal preference ervations in Oklahoma, and land held

requirements. Such independently deby incorporated Native groups, region

veloped tribal preference requirements al corporations, and village corpora- shall not, except as provided in $ 14tions under the provisions of the

1.354(e)(1) of this section, become a reAlaska Native Claims Settlement Act,

quirement in contracts covered under (85 Stat. 688; 43 U.S.C. 1601 et seq.).

this section and must not hinder the (6) “On or near an Indian reserva

Government's right to award contracts tion" means on a reservation or the

and to administer their provisions. distance within that area surrounding an Indian reservation(s) that a person

(5 U.S.C. 301) seeking employment could reasonably [44 FR 62513, Oct. 31, 1979)

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