Page images
PDF
EPUB
[blocks in formation]
[blocks in formation]
[blocks in formation]

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] § 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] § 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 deviation 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 "section 6-1.108-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 6-1.108-3." Any section of the DOSPR may be informally identified, for purposes of brevity, as "DOSPR" followed by the section number, such as "DOSPR 6-1.108–3." [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 inIcluded 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]

[blocks in formation]

"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

(b) Accomplish its own acquisition of personal property and nonpersonal services without supervision in connection therewith from another post.

§ 6-1.256 Constituent supply post.

"Constituent supply post" means any post other than a central supply post. § 6-1.257 Supplies.

"Supplies" means personal property, including equipment.

[blocks in formation]
[blocks in formation]

(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 use 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 the 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 in § 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 employees 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 Pos the United States.

(a) Posts are authorized to r rect procurement from both con and governmental sources wit United States. Procurement fr tracts of Government agencies Federal Supply Schedules and Schedules of the Department of may be made without dollar li except for any maximum order li which may be included in the cor schedule. Purchases may be mac from commercial sources witl United States when the a amount of a single transaction ing cost of item, packing, frei related costs) does not exceed $

(b) Procurements under pa (a) of this section are subject to t tations of Part 6-5-Special and 1 Sources of Supply, of this chapt [30 F.R. 7247, May 29, 1965]

§ 6-1.351 Numbering contracts. [30 F.R. 7247, May 29, 1965]

[blocks in formation]
« PreviousContinue »