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PART 19-1-GENERAL Boo. 19–1.000 Scope of part

Subpart 19-1.1-Introduction 19-1.100 scope of subpart. 10-1.101 Establishment of USIA procuro

ment policies and procedures. 19-1.102 Authority. 19-1.103 Relationship of Chapter 19 to

the FPR and other procuro

ment instructions. 19-1.104 Applicabluty. 19-1.105 Method of lesuance. 19–1.106 Exclusions. 19-1.107 Arrangement. 19–1.107-1 General plan. 19–1.107–2 Numbering. 19-1.107-3 Citation. 19-1.108 Deviation, 19_1.108–1 Description. 19-1.108-2 Procedure.

Subpart 19-1.3— General Policies Sec. 19-1.302 Procurement sources. 19–1.302-3 Contracts between the Govorn.

ment and Government om. ployees or business concerns substantially owned or controlled by Government em

ployees. 19–1.302–51 Contracts between the Govern

ment and former Govern.

mont employees. 19-1.306-3 Deviations from Federal Speci

fications. 19-1.918 Records of contract actions. 19-1.817 Noncollusive bids and pro

posals. 19–1.364 Hocution of contracts. 19-1.356 Violations of law. Subpart 19-1.6mDebarred, Suspended, and

ineligible Bidders 19-1.602 Establishment and maintenance of

& list of concerns or individuals debarred, suspended, or declared

ineligible. 19-1.604 Causes and conditions applicable

to determination of debarment

by an executive agency. Subpart 19-1.7-Small Business Concerns 19–1.704 Agency program, direction and op

eration, Subpart 19-1.9—Reporting Possible Antitrust

Violations 19-1.902 Documents to be transmitted.

Subpart 19-1.2-Definition of Terms 19–1.201 Definitions. 19–1.206 Chief, Contract and Procuromont

Division. 19–1.250 Government. 19-1.251 Agency. 19-1.252 Director. 19-1.253 USIA. 19–1.254 USIS 19-1.255 Overseas Establishmont. 19-1.256 AR/CO. 19-1.257 Subcontract 19-1.258 Services.

Subpart 19–1.53— Procurement Authority and No. 8 of 1953, and the Federal Property Responsibility

and Administrative Services Act of 1949, Soc. 19-1.5301 General.

as amended. 19.1-5302 Designation of Contracting om.

8 19-1.103 Relationship of Chapter 19 cers.

to the FPR and other procurement 19–1.5303 General authority of Contracting Oficers.

instructions. 19–1.5304 General responsibility of Con- (a) Chapter 19 implements and suptracting Officers.

plements the FPR. Material published 19–1.5305 Contracting Officers' represente

in the FPR, which has Government-wide tives. 19–1.5306 Responsibility for assuring the

applicability, becomes effective throughavailability of funds.

out the USIA upon the effective date of 19-1.5307 Standards of conduct.

the particular FPR material. Such ma

terial generally will not be repeated, AUTHORITY: The provisions of this part 19–1 issued under sec. 205(C), 63 Stat. 390;

paraphrased, or otherwise restated in 40 U.S.C. 486(c).

Chapter 19. $ 19–1.000 Scope of part.

(b) Implementing material is that

which expands upon related FPR m&This part describes the method by terial. It will treat a similarly numbered which the United States Information portion of the FPR in greater detall or Agency implements and supplements the indicate the manner of compliance or Federal Procurement Regulations, and deviation. contains procedures which implement

(c) Supplementing material is that for and supplement Part 1-1 of the Federal which there is no counterpart in the Procurement Regulations.

FPR. (27 FR 6044, June 27, 1962)

(d) The absence of a corresponding Subpart 19-1.1- Introduction part, subpart, section, etc. in Chapter 19

indicates that the FPR is applicable as SOURCE: The provisions of this Subpart

written. 10-1.1 appear at 27 FR. 6044, Juno 37, 1902,

(e) Procurement instructions, necesunless otherwise noted.

sary to implement or supplement the 6 19-1.100 Scope of subpart.

FPR and Chapter 19, will be issued by the This subpart establishes Chapter 19 of

Chief of the Contract and Procurethe Federal Procurement Regulations ment Division, Office of Administration System, and states its relationship to

(IOA/C). These instructions, together the Federal Procurement Regulations

with the FPR and Chapter 19, constitute (FPR), and to other instructions govern

the U.S. Information Agency Procureing contracting and procurement opera

ment Regulations (IAPR). Hons of the U.S. Information Agency. 8 19-1.104 Applicability, 8 19–1.101 Establishment of USIA pro- Chapter 19 applies to all purchases curement policies and procedures.

and contracts made by the U.8. InformaThis subpart establishes U.S. Informan tion Agency for the procurement of pertion Agency (USIA) procurement poli- sonal property and nonpersonal services des and procedures (Chapter 19) as pre

(including construction) and the proscribed by the Director of USIA, to

curement of real property by lease, withprovide uniform policies and procedures

in the United States. applicable to procurement of personal (31 F.R. 10789, Aug. 13, 1966) property and nonpersonal services (in

& 19–1.105 Method of issuance. duding construction) and the procuroment of real property by lease, for all (a) All Chapter 19 material deemed USIA activities.

necessary for an understanding, by busi(81 FR 10789, Aug. 18, 1966)

ness concerns and others Interested, of

basic and significant USIA policies and 8 19–1.102 Authority.

procedures, will be published in the FEDThe U.S. Information Agency Procure- ERAL REGISTER. Other related material ment Regulations are prescribed by the also may be published in the FEDERAL Director of the U.S. Information Agency REGISTER when its inclusion will provide pursuant to the authority of the United & logical, comprehensive statement of States Information and Educational Ex. USIA procurement policies and procechange Act of 1948, Reorganization Plan dures.

(b) The Chapter 19 material pub- correspond to the FPR part, subpart, lished in the FEDERAL REGISTER will be section, or subsection. published in cumulative form in Chap- (c) Where Chapter 19 supplements ter 19 of Title 41 of the Code of Federal the FPR and thus deals with subject Regulations. The FEDERAL REGISTER and matter not contained in the FPR, tho Title 41 of the Code of Federal Regula- numbers in the group 50 through 69 will tions may be purchased from the Super- be assigned to the respective suppleintendent of Documents, Government menting parts, subparts, or section. Printing Office, Washington 25, D.C.

(d) Where the subject matter con

tained in the part, subpart, section, or | 19-1.106 Exclusions.

subsection of the FPR requires no im(a) Certain policies and procedures plementation, Chapter 19 will contain within the scope of this Chapter 19 may

no corresponding part, subpart, section, be excluded when any of the following or subsection. Thus, there may be gaps criteria are applicable:

in the Chapter 19 series of part, subpart, (1) Subject matter which bears & se- section, or subsection; in such cases, refcurity classification.

erence must be made to the FPR for (2) Policies or procedures which are policy and procedure applicable to USIA. expected to be effective for & period of less than six months.

$ 19–1.107–3 Citation. (3) Policies and procedures which are

USIA procurement regulations will be effective on an experimental basis for a cited in accordance with Federal Regisreasonable period.

ter standards approved for the FPR. (4) Policies and procedures pertain- Thus, this section, when referred to in ing to other functions of USIA as well divisions of the IAPR, should be cited as to procurement functions and there as "8 19–1.107-3 of this chapter.” When is need to make the issuance available this section is referred to formally in simultaneously to all USIA employees official documents, such as legal briefs, concerned.

it should be cited as “41 CFR 19-1.107–3." (5) Speed of issuance is essential, Any section of the USIA Procurement numerous changes are required in Chap- Regulations may be informally identiter 19, and all necessary changes can- fied, for purposes of brevity, as IAPR not be made promptly.

followed by this section number; i.e. (b) Procurement procedures and in- “IAPR 19-1.107-3." structions issued in other than the FPR

8 19–1.108 Deviation System format under (a) (4) and (5), above, will be codified into Chapter 19 $ 19-1.108-1 Description. at the earliest practicable date, but in

The term "deviation" includes any of any event not later than six months

the following actions: from date of issuance.

(a) When a prescribed contract clause 8 19–1.107 Arrangement.

is set forth verbatim, use of a contract

clause covering the same subject matter 8 19–1.107–1 General plan.

which varies from that set forth. Chapter 19 is divided into parts, sub

(b) When & standard or other form parts, sections, subsections, and further

is prescribed, use of any other form for subdivisions as necessary.

the same purpose. 8 19–1.107–2 Numbering.

(c) Alteration of a prescribed stand

ard or other form, except as may be (a) Generally, the numbering system

authorized by regulations. used in Chapter 19 conforms to that in

(d) The imposition of lesser or, whero the FPR (See $ 1-1.007-2). Thus, &

the regulation expressly prohibits, greatparticular procurement policy or pro

er limitations thar cedure is identified by the same number

are imposed upon in both the FPR and in Chapter 19 ex

the use of a contract clause, form, procept that the first number in the FPR cedure, type of contract, or upon any will be 1 rather than 19.

other procurement action, including but (b) Where Chapter 19 implements & not limited to, the making or amendment part, subpart, section, or subsection of of a contract, or actions taken in conthe FPR, the implementing part, sub- nection with the solicitation of bids or part, section or subsection of Chapter 19 proposals, award, administration, or setwill be numbered (and captioned) to tlement of contracts.

(e) When & policy or procedure is prescribed, use of any inconsistent policy or procedure. § 19–1.108–2 Procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the Federal Procurement Regulations System shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from we FPR and IAPR shall be authorized by the Assistant Director for Administration or the Chief of the Contract and Procurement Division (IOA/C). This authority may not be redelegated.

(1) A supporting statement for each deviation which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.

(2) A copy of the supporting statement for each deviation shall be forwarded to the Chief of the Contract and Procurement Division.

(b) In classes of cases, deviations will be considered on an expedited basis jointly by the Chief, Contract and Procurement Division, and the General Services Administration unless, in the considered judgment of the Chief, Contract and Procurement Division, circumstances preclude such joint effort, in which case he will notify the General Services Administration of the deviation. Subpart 19-1.2-Definition of Terms

SOURCE: The provisions of this Subpart 19-1.2 appear at 31 F.R. 10789, Aug. 13. 1966, unless otherwise noted. 8 19–1.201 Definitions.

For the purposes of this chapter, the following terms have the meanings set forth in this subpart, unless otherwise indicated. 8 19–1.206 Chief, Contract and Procure

ment Division. The Chief of the Contract and Procurement Division, the “Head of the procuring activity," is also designated the “Chief Contracting Officer" and, in some cases, the "Agency Contracting Officer." 8 19–1.250 Government.

Government” means the Government of the United States of America, and shall be deemed to include any department or organizational component thereof, including the Agency.

19–1.251 Agency.

“Agency" means the U.S. Information Agency, acting through any of its duly authorized officials. 819–1.252 Director.

“Director" means the head or any assistant head of the Agency (see § 1-1.204 of this title). 8 19–1.253 USIA.

“USIA” means the U.S. Information Agency. 8 19–1.254 USIS.

"USIS" means U.S. Information Serv. ice, the name by which the Agency is known overseas. 8 19–1.255 Overseas Establishment.

“Overseas Establishment" means USIS post or media extension. 8 19–1.256 AR/CO.

"AR/CO" means Authorized Representative of the Contracting Office (see $ 1.5305). 8 19–1.257 Subcontract.

“Subcontract," in addition to other legal definition, is intended to include any prime contractor's purchase order accepted by a vendor, unless otherwise provided in the prime contract. & 19-1.258 Services.

"Services” means nonpersonal services. Subpart 19-1.3-General Policies

SOURCE: The provisions of this Subpart 19–1.3 appear at 31 F.R. 10790, Aug. 13, 1966, unless otherwise noted. & 19–1.302 Procurement sources. § 19–1.302–3 Contracts between the Gov.

ernment and Government employees or business

concerns substantially owned or controlled by Government

employees.
(a) [Reserved)

(b) (1) Any exception, as described in § 1-1.302-3(a) of this title, must be supported by written findings and a determination signed by the Director. In these cases, the "Director" means only the Director or Acting Director of the Agency and does not include Assistant Directors.

(2) The Agency may purchase, rent, license, or otherwise acquire materials in which Agency employees have a financial interest, only after obtaining a written waiver signed by the Director. I

the Agency employee is the author or (9) Selection of the successful Conoriginator of copyrighted material, it tractor, includingmust be established that there is no real (i) The reasons for selection, or apparent conflict of interest between (il) The Contracting Offcer's deterhis official duties and his rights to any mination of the Contractor's responroyalties. To prevent such conflict, the sibility, and Agency shall endeavor to obtain the em- (ii) Any Small Business Administraployee's waiver of any royalty payments. tion Certificate of Competency; In addition, the employee would be ex- (10) All price and cost data submitted pected to discourage publicity regarding or used, including Certificate of Current Agency use of his material.

Cost or Pricing Data;

(11) A full record of negotiations, in8 19–1.302–51 Contracts between the

cluding but not limited to Government and former Government employees.

(i) Participants,

(i) Dates of meetings or phone calls, Negotiated contracts may be entered () Government-furnished materials into with ex-employees of the Agency or or facilities to be provided, with firms in which ex-employees are (iv) Subcontracting, known to have a substantial interest, (v) Terms and conditions agreed to, within a period of 2 years subsequent to (v1) Deviations, if any, from prescribed the termination of employment, only contract clauses, with the written approval of the Director. (vi) Technical recommendations, and 8 19–1.305–3 Deviations from Federal

(viii) Justification for final price; Specifications.

(12) Justification for type of contract

used; Any deviation from a Federal Specifi

(13) Any exceptions or exemptions cation contemplated under g 1-1.305-3 of

from the Buy American Act or from the this title shall be submitted to the Chief

Agency's Foreign Purchases policy (see of the Contract and Procurement Divi

Subpart 6.50 of this chapter): sion of the Agency, for approval prior to

(14) A copy of contract award; use. The request shall include a state

(15) Evidence of legal review required, ment describing the deviation, with jus- and copy of comments, if any, made by tification therefor and, where applicable, legal counsel; & recommendation for revision or amend

(16) All pertinent correspondence; ment of the specification.

(17) Copies of all change orders, and g 19-1.313 Records of contract actions. supplements, with supporting docu

ments; (a) The documents, memoranda, and

(18) Comprehensive termination data; summary statements contemplated by

(19) Copies of royalty reports re§ 1-1.313 of this title shall include but

ceived; not be limited to the following, unless

(20) Final release upon completion of the Contracting Officer determines cer

the contract; tain elements are not required:

(21) Required approvals of contract; (1) A copy of the procurement re

and quest;

(22) Any additional documents con(2) A copy of any required Determina

sidered necessary to present a complete tions and Findings, or other statement

résumé of the contract action. and justification for negotiation;

(b) Complete record of all advertised (3) A list of sources solicited or a

and negotiated contract action will be justification for limiting such sources;

preserved for the period required by rec(4) A copy of any determination to

ords management instructions. set-aside the procurement for small busi

(c) This $ 19.1.313 does not apply in ness or for a labor-surplus area;

the case of small purchases. (5) A copy of the Invitation for Bids (d) Memoranda, for documenting acor Request for Proposals, including any tions taken, should not duplicate inforplans or specifications or references mation evident in other file documents thereto;

except where clarification is required. (6) All bids or proposals received with Copies of all negotiation memoranda will an abstract thereof;

be submitted to the Chief of the Contract (7) The bidders' Statement of Con- and Procurement Division. All memotingent Fees;

randa will be signed and the drafting (8) All preaward surveys;

date will be indicated.

66-014476-2

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