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8 19–1.317 Noncollusive bids and pra will be made on both lists, when addiposals.
tions or deletions are necessary. (a)-(d) [Reserved)
8 19–1.604 Causes and conditions appli(e) The Chief, Contract and Procure
cable to determination of debarment ment Division, is authorized to make the by an executive agency. determinations described in paragraph
Personnel of the Agency who find that (d) of the Certification of Noncollusion
& firm or an individual should be added prescribed in § 1-1.317 of this title.
to the Debarred, Suspended, or Ineligible $ 19-1.354 Execution of contracts.
Bidders List, as indicated in Subpart
1-1.6 of this title, shall notify the ConContracts, purchase orders, delivery
tract Review and Procedures Stait orders, Government bills of lading, and
promptly. Debarment shall be made other types of purchasing documents will
only upon approval of the Chief of the be executed only by officials holding valid,
Contract and Procurement Division of written delegations or redelegations of
the Agency. procurement authority issued by the Director or other officer of the Agency des
Subpart 19–1.7—Small Business ignated in writing to make such delega
Concerns tions or redelegations. All purchasing documents, including amendments, will 8 19–1.704 Agency program, direction show the actual date of each signature and operation. required for their execution, and the
The Chief of the Contract and ProAgency office executing such documents
curement Division is responsible for shall maintain a record of the actual
developing and supervising the USIA date the documents were released to the
Small Business Program, as may be revendor or contractor.
quired for compliance with Subpart 8 19–1.355 Violations of law.
1-1.7 of this title. (a) In the event procurement person
(31 F.R. 10791, Aug. 13, 1966) nel have reason to believe there is evidence of violation of law of any nature
Subpart 19–1.9—Reporting Possible whatsoever in bids or proposals received,
Antitrust Violations they will prepare a complete report for
$ 19-1.902 Documents to be transmitted. forwarding to the Office of the General Counsel through the Chief of the Con- The Contracting Officer will submit a tract and Procurement Division.
report, including the documents listed
in § 1-1.902 of this title and any other (b) In case of possible violation of
pertinent documentary material, with antitrust laws, the report will be pre
his findings to the Chief of the Contract pared in accordance with such guidance
and Procurement Division. as provided in the Federal Procurement
(31 F.R. 10791, Aug. 13, 1966] Regulations (see Subpart 1-1.9 of this title).
Subpart 19–1.53 Procurement
Authority and Responsibility Subpart 19-1.6—Debarred, Sus
SOURCE: The provisions of this Subpart pended, and ineligible Bidders 19–1.53 appear at 31 F.R. 10791, Aug. 13, 1968,
unless otherwise noted. SOURCE: The provisions of this Subpart 19–1.6 appear at 31 F.R. 10790, Aug. 13, 1966, $ 19–1.5301 General. unless otherwise noted.
(a) This subpart deals with the au8 19–1.602 Establishmerit and mainte- thority to designate Contracting Officers
nance of a list of concerns or indi. and sets forth the general authorities and viduals debarred, suspended, or de- responsibilities of such oficers (see clared ineligible.
§ 1-3.801(b) of this title). The Contract Review and Procedures (b) An employee ordinarily binds the Staff of the Agency will maintain a con- Government only when his actions are solidated Ust as indicated in § 1-1.602 of in accordance with authority actually this title. The list will not be classified granted to him. Contracting Officers are but will be marked "For Oficial Use agents of the Government and shall act Only." It will be coordinated with the in accordance with law, regulations inBidders Mailing List (see § 1-2.205 of cluding FPR and IAPR, other pertinent this title), and appropriate notations directives, and sound business judgment, and within the limits of their prescribed 8 19–1.5304 General responsibility of duties and authorities.
Contracting Officers. 8 19–1.5302 Designation of Contracting
(a) Contracting Oficers are primarily Officers.
responsible for assurance that contracts
are authorized by law, for the execution (a) Contracting Officers, as defined in
and administration of contractsfor § 1-1.207 of this title, shall be those em
safeguarding the interest of the United ployees in whom contracting authority
States in contractual relationships, and is vested by the Director or his designees
for determining the facts under conby means of appropriate delegations of tracts. authority and by redelegations of au- (b) Contracting Oficers shall personthority. The authority of such con- ally sign all contracts and modifications tracting Officers shall be in accordance entered into by them. The signing of
original contractual documents shall not with the applicable delegations or re
be accomplished by facsimile stamps or delegations of authority and with this
by proxy. However, the use of reproSubpart 19–1.53.
duced signatures on reproduced copies (b) Delegations and redelegations of
after the Contracting Officers have manauthority are generally directive on spe
ually signed the master and other cific positions, rather than specific in
originals is acceptable. dividuals. When When & specific position
(c) Contracting Oficers are responsicarries delegated or redelegated con
ble for the legal, technical, and administracting authority, an individual ap- trative suficiency of the contracts they pointed to such a position is, therefore, make. To this end, they shall secure a Contracting Officer. Such appoint- necessary legal, technical, and financial ments are normally made by means of advice within USIA. administrative personnel actions. When (d) Contracting Officers are responsian individual is designated as a Con- ble for assuring contract compliance on tracting Oficer by an instrument other the part of the Contractor. than personnel action, & copy of the § 19–1.5305 Contracting Officers' repredesignating instrument shall be for- sentatives. warded to the appropriate personnel of
(a) Any properly qualified Governfice for inclusion in the file of the in
ment employee or group of employees, or dividual affected. Designations shall be a firm or individual under contract to rescinded in the same manner upon the Government for this purpose, may termination of the assignment (but spe- be designated to act as the Authorized cial assignments may be self-rescinding, Representative of a Contracting Oficer. as, for example, an assignment made in Such designation shall be in writing terms of the life of a specific contract,
and shall define the scope and limita
tions of the Authorized Representative's in which case a separate rescission in
authority. strument would not be required). (c) In view of the high degree of in
(b) A designation authorized by this.
$ 19–1.5305 may be made by instructions dividual responsibility and authority
referring to particular vested in Contracting Officers, care shall
instruments or categories of instruments be exercised to insure that only well
and may empower the Authorized Reprequalified individuals are appointed or sentative to take any or all action theredesignated and retained in such posi- under which could lawfully be taken by tions. Accordingly, the performance of the Contracting Officer to the extent not their duties as Contracting Officers is specifically prohibited by the terms of the subject to continuing review and evalue
contractual instrument involved or this tion
$ 19–1.5305. In no event shall an Au
thorized Representative, by virtue only & 19–1.5303 General authority of Con.
of his designation as such, be empowered tracting Officers.
to execute or agree to any contract or A contracting Officer is authorized to modification thereof; such powers must enter into, modify, and take other ap- be specifically included as a part of, or propriate action with respect to con- supplement to the designation. tracts, within the limits of his prescribed (c) A Contracting Officer may assign duties and authority.
administration of a specific contractual
No. 8 of 1953, and the Fed
by this Part
.39*** which implement
ty Br 1-1 of the Federal
to the FPR and other
(b) Implementing me
(c) Supplementing me which there is no COW FPR.
(d) The absence of
(e) Procurement insi
Chapter 19 ap
the poredons of this Subpart
Pan Scope of subpart.
tube xeral Procurement Regulations
Am, and states its relationship to
curement policies and procedures.
The U.S. Information Agency Procuroment Regulations are prescribed by the Director of the U.S. Information Agenc pursuant to the authority of the Unit States Information and Educational change Act of 1948, Reorganizatior
tted. uit & isted other
instrument to another Contracting om.
19-2.407-5 Other factors to be considered. cer, provided the assignee Contracting
19-2.407-7 Statement and Officer's delegated authority permits, and
award. the Contractor shall be so notified.
19-2.40748 Protests against award. Such an assignment shall define the extent to which part or all of the original
AUTHORITY: The provisions of this part
19-2 issued under sec. 205(c), 63 Stat. 990; Contracting Oficer's authority is trans
40 U.S.C. 486(C). ferred but shall not pass on to the successor any authorities which would ex- SOURCE: The provisions of this part 19–3 ceed the limitations imposed on the
appear at 31 F.R. 10792, Aug. 13, 1966, unless
otherwise noted. successor by existing directives. f 19–1.5306 Responsibility for assuring Subpart 19-2.2-Solicitation of Bids the availability of funds.
8 19–2.203 Methods of soliciting bide. Prior to the incurrence of an obliga
8 19–2.203-1 Mailing or delivering to tion, Contracting Oficers shall assure
prospective bidders. themselves that adequate funds are
The initial distribution of invitations available.
for bids and preinvitation notices shall 8 19-1.5307 Standards of conduct.
be made to firms on Agency bidders mail. All personnel engaged in procurement ing Usts and to all others whom the and related activities shall conduct busi- Contracting Oficer may select. ness in a manner above reproach in
§ 19–2.204 Records of invitations for every respect. Transactions relating to
bids and records of bids. expenditure of public funds require the highest degree of public trust to protect Each branch of the Contract and Prothe interests of the Government. While
curement Division shall maintain a recmany Federal laws and regulations place
ord of each invitation for bids issued and restrictions on the actions of govern
distributed by it as well as a record of all mental personnel, the latter's official
bids. The prospective bidders listed for conduct must, in addition, be such that
each invitation shall be furnished with the individual would have no reticence
applicable amendments or notices, and a about making a full public disclosure thereof.
record will be kept of their distribution.
Records of bids shall be kept in accordPART 19-2-PROCUREMENT BY
ance with the procedures set forth in
$ 2.403. FORMAL ADVERTISING
& 19–2.205 Bidders mailing lists. Subpart 19-2.2-Solicitation of Bids
$ 19–2.205-1 Establishment of lists. Sec. 19-2.203 Methods of soliciting bids.
Bidders mailing lists shall be estab19-2.203-1 M ing or delivering to prospective bidders.
lished and maintained by the Contract 19-2.204 Records of invitations for bids
Review and Procedures Staff for use in and records of bids.
all Agency procurement activities and 19-2.205 Bidders mailing lists.
requirement ofices. Lists shall include 19-2.205-1 Establishment of lists.
all eligible and qualified bidders who 19-2.205-5 Release of bidders mailing lists
have requested listing or whom ConSubpart 19-2.3—-Submission of Bids tracting Officers consider eligible and 19-2.804 Modification or withdrawal of qualified to furnish the requirements of bids.
a particular procurement. The latter Subpart 19-2.4-Opening of Bids
shall be requested to submit a completed 19-2.401 Receipt and safeguarding of bids.
Standard Form 129 and an Agency Form 19-2.402 Opening of bids.
IA-407A, Commodity and Service Code 19-2.403 Recording of bids.
Lists. Agency procurement activities 19-2.406 Mistakes in bids.
and requirement offices should recom19_2.406-3 Other mistakes disclosed before
mend the establishment of additional award. 19-2.406-4 Disclosure of mistakes
lists for anticipated requirements of non
listed commodities or services and fur19–2.407 Award.
nish the names and addresses of pro19–2.407-9 Discounts.