§ 14-1.000 Scope of part. (a) The Federal Procurement Regulations System brings together, in Title 41 of the Code of Federal Regulations, the procurement regulations applicable to the civilian agencies of the Government. This part establishes a system of Department of the Interior regulations (IPR) for the codification and publication of policies and procedures of the Department which implement and supplement the Federal Procurement Regulations (FPR). (b) It is the basic policy of the Department to apply Federal Procurement Regulations. Thus, as to most elements of the procurement process, substantive guidelines will be found by reference thereto. FPR is published as Chapter 1 of Title 41. IPR will be published as Chapter 14 of the same title. [33 FR 853, Jan. 24, 1968, and 36 FR 15116, Aug. 13, 1971, as amended at 36 FR 18305. Sept. 11, 1971] Subpart 14-1.0-Regulation System § 14-1.001 Scope of subpart. This subpart establishes the Department of the Interior Procurement Regulations (IPR) and states their relationship to FPR. § 14-1.002 Purpose. This subpart establishes for the Department of the Interior (Interior) uniform policies and procedures related to the procurement of personal property and nonpersonal services (including construction) and real property by lease. § 14-1.003 Authority. IPR are prescribed by the Secretary under the Federal Property and Administrative Services Act of 1949, as amended, or other authority specifically cited. § 14-1.004 Applicability. IPR apply to all Bureaus and Offices in Interior to the extent indicated unless otherwise provided by law. IPR apply to procurements made within and outside the United States unless otherwise specified. § 14-1.006 Issuance. § 14-1.006-1 Code arrangement. IPR are issued in the Code of Federal Regulations as chapter 14 of title 41, Public Contracts and Property Management. Regulations which may be issued by the bureaus and offices of Interior will be identified by alphabetical designations immediately following the Department Code (14), as illustrated below: 14A-Office of the Secretary 14B-Office of Administrative Services 14D-Fish and Wildlife Service 14H-Bureau of Indian Affairs Sec. 14J-Bureau of Land Management 14K-National Park Service 14L-Office of Territorial Affairs 14M-Alaska Power Administration 14N-Bureau of Outdoor Recreation 140-[Reserved] 14P-Mining Enforcement and Safety Administration 14Q-[Reserved] 14R-Office of Water Research and Technology 14S-Bureau of Reclamation 14T-Bonneville Power Administration 14U-Southeastern Power Administration 14V-[Reserved] 14W-Southwestern Power Administration 14X-[Reserved] 14Y-[Reserved] 14Z-Defense Electric Power Administration [36 FR 18305, Sept. 11, 1971, as amended at 40 FR 27220, June 27, 1975] § 14-1.006-2 Publication. IPR will be published in the FEDERAL REGISTER and in separate looseleaf form and in a distinctive light blue color. § 14-1.007 Arrangement. § 14-1.007-1 General plan. The general plan, numbering system, and nomenclature used in IPR conform to the FEDERAL REGISTER standards approved for FPR. § 14-1.007-2 Numbering. For ease in identification the numbering system and part, subpart, and section titles used in IPR generally conform with those used in FPR. § 14-1.007-3 Citation. IPR may be cited as indicated below. This section, when referred to, should be cited as "IPR 14-1.007-3." When referred to formally in official documents such as legal briefs, the section should be cited as "41 CFR 14-1.0073." § 14-1.008 Agency implementation. (a) IPR will implement, supplement or deviate from the FPR when a procedure different than indicated in FPR is required. Implementing material expands upon or indicates the manner of compliance with related FPR. Supplementing material has no counterpart in FPR. Deviating material is defined in § 1-1.009 of this title. (b) Where IPR does not implement, supplement, or deviate from the FPR, the latter shall be applicable as issued. (c) The Assistant Secretary—Policy, Budget and Administration and bureaus and offices may implement or supplement FPR and IPR by prescribing procurement regulations and instructions for internal guidance which are essential for the efficient performance of procurement functions. Regulations shall (1) Be consistent with the policies and procedures contained in FPR and IPR; (2) Follow the format, arrangement, and numbering system of FPR and IPR; and (3) Contain no material which duplicates or paraphrases the material contained in the FPR and IPR. (d) Deviations from FPR and IPR will be processed in accordance with § 14-1.009-2 prior to publication. [34 FR 198, Jan. 7, 1969] § 14-1.009 Deviation. § 14-1.009-2 Procedure. Deviations from FPR and IPR shall be kept to a minimum and controlled as follows: (a) Deviations in both individual cases and classes of cases must be approved in advance by the Assistant Secretary-Policy, Budget and Administration. Requests for approval of such deviations shall be submitted by the heads of Bureaus and Offices to the Assistant Secretary-Policy, Budget and Administration. The requests shall cite the specific part of FPR or IPR from which it is desired to deviate, shall set forth the nature of the deviations, and shall give the reasons for the action requested. § 14-1.010 Interior Procurement Regulations Committee. For the purpose of developing and proposing policies and procedures designed to implement and supplement the Federal Procurement Regulations, a committee, to be known as the Interior Procurement Regulations Committee and to be chaired by the Office of Administrative and Management Policy, is hereby established. Its personnel shall be comprised of represen tatives of the following bureaus and offices: Office of Administrative and Management Policy Fish and Wildlife Service Bureau of Mines Geological Survey Bureau of Indian Affairs Bureau of Land Management National Park Service Bureau of Outdoor Recreation Mining Enforcement and Safety Administration Office of Water Research and Technology Bureau of Reclamation Bonneville Power Administration [36 FR 9295, May 22, 1971, as amended at 40 FR 27220, June 27, 1975] Subpart 14-1.2-Definition of Terms § 14-1.205 Procuring activity. "Procuring Activity" means each bureau and office of Interior which has authority to contract for the procurement of personal property and nonpersonal services (including construction). § 14-1.206 Head of the procuring activity. "Head of the procuring activity" means the head of a bureau or office having overall responsibility for supervision and direction of procuring activities. Subpart 14-1.3-General Policies § 14-1.302 Procurement sources. § 14-1.302-3 Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employ ees. Proposed contracts with Government employees or business concerns substantially owned or controlled by Government employees shall be subject to prior approval as follows: (a) Contracts which exceed $10,000 shall be approved by the Director, Office of Administrative and Management Policy. (b) Contracts of $10,000 or less shall be approved by the head of the procuring activity. [40 FR 27220, June 27, 1975] § 14-1.305 Specifications. § 14-1.305-50 Interior specifications. (a) Definition. A specification prepared by a bureau or office of Interior to meet its recurring needs for specialized procurement peculiar to its needs, and for use by other bureaus and offices as need therefor arises. (b) Responsibility. Bureaus and offices of Interior will be responsible for the development and maintenance of specifications which fall within their respective areas of operation. § 14-1.305-51 Index of Federal Specifications and Standards. The “Index of Federal Specifications and Standards" is issued annually, with monthly cumulative supplements. This index contains general information on the use and ordering of Federal Specifications and Standards, and other available Governmental specifications, including Emergency Federal Specifications, GSA Specifications, and Departmental Specifications (issued by various Federal agencies) which, as a rule, have general application and scope and may be used by all agencies. [33 FR 853, Jan. 24, 1968, and 36 FR 15116, Aug. 13, 1971, as amended at 36 FR 20946, Nov. 2, 1971] § 14-1.305-52 Availability of copies of specifications and standards. When Federal Specifications and Standards are used, copies should be on file in the office issuing the invitation, so that they may be examined by interested bidders. Prospective bidders should be advised in the invitation that copies of Federal Specifications and Standards may be purchased at a nominal cost from Business Service Centers of the General Services Administration Regional Offices. Other requirements may be obtained from the Federal Supply Service, GSA, Seventh and D Streets SW., Washington, D.C. 20407, by purchase order. Such other requirements will be furnished without charge unless they are substantial in quantity, in which event GSA may require reimbursement. § 14-1.318 Disputes clause. [36 FR 20946, Nov. 2, 1971] § 14-1.318-1 Contracting officer's decision under a Disputes clause. (a) It is the policy of the Department of the Interior for all contracting officers to consult with the Office of the Solicitor, either at its headquarters, regional or field office, to the maximum extent practicable, whenever a disagreement which may be within the Disputes clause of a contract has arisen, or appears to the contracting officer likely to arise. (b) When a dispute cannot be settled by agreement, the contracting officer shall review the available facts pertinent to the dispute before making his final decision. When there is any doubt whether the disputes procedure is applicable, a final decision will be made pursuant to the Disputes clause. The disputes procedure shall not be invoked in cases when a dispute is clearly not subject to the procedure. The contracting officer shall obtain all necessary advice and assistance, but the final decision must be his own. (c) The final decision should include a statement of facts sufficient to enable the contractor to understand both the decision and the basis therefor. Normally, the decision should be in the form of a statement of the claim or other description of the nature of the dispute, with necessary references to pertinent contract provisions; a statement of the facts relevant to the dispute to which the parties agree upon and, as clearly as possible, the area of disagreement; and the contracting officer's statement of his decision and the basis therefor. (d) The contracting officer shall decide all questions subject to the disputes procedures as to which he has the authority to act. (e) Each final decision of the contracting officer pursuant to the procedure of a Disputes clause shall include a paragraph substantially as follows: This decision is made in accordance with the Disputes clause and shall be final and conclusive as provided therein, unless, within 30 days from the date of receipt of this decision, a written notice of appeal (in triplicate) addressed to the Secretary of the Interior is mailed or otherwise furnished to the Contracting Officer. The notice of appeal, which is to be signed by you as the Contractor or by an attorney acting on your behalf, and which may be in letter form, should indicate that an appeal is intended, should refer to this decision, and should identify the contract by number. The notice of appeal may include a statement of the reasons why the decision is considered to be erroneous. The Interior Board of Contract Appeals is the authorized representative of the Secretary of the Interior for hearing and determining such disputes. The Rules of the Interior Board of Contract Appeals may be found in 43 CFR, Subtitle A, Part 4. (f) After an appeal has been filed, contracting agencies are not precluded from further seeking agreement as to disposition of the controversy. However, such efforts to dispose of a controversy shall not be conducted pursuant to formal board actions or hearings, and shall not result in suspension of processing of an appeal, except as ordered or authorized by the Interior Board of Contract Appeals. (g) In the event of an appeal, the amount determined to be payable in the decision of the contracting officer, less any portion previously paid, normally should be paid in advance of any decision by the Board without prejudice to the rights of either party on the appeal. (h) Decisions of the Interior Board of Contract Appeals constitute decisions of the Secretary of the Interior. It is expected that decisions favorable to the appellant in whole or in part will be promptly implemented by payment at the contracting officer level. In cases where the question of entitlement only has been decided by the Board and the matter of amount has been remanded to the parties for negotiation, if agreement is not reached, appellant will be afforded a prompt decision and opportunity to appeal on the matter of amount. (i) Any written communication from a contractor indicating a desire to have a review of a final decision of the contracting officer shall be considered as an appeal and shall be processed as an appeal in accordance with the rules of the Interior Board of Contract Appeals. Copies of the written communication from the contractor and the transmittal to the Board of Contract Appeals shall be forwarded to the As sociate Solicitor, Procurement and Patents. [36 FR 20946, Nov. 2, 1971] § 14-1.327 Protection of the privacy of individuals. [40 FR 57671, Dec. 11, 1975] § 14-1.327-5 Procedures. (a) The regulations of the Department implementing the Privacy Act of 1974 are set forth in 43 CFR Subtitle A, Part 2, Subpart D (see 40 FR 4450444510, September 26, 1975, as amended). Copies of the regulations shall be made available to offerors and contractors upon receipt of a written request addressed 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. (b) In accordance with §2.53(b) of the regulations cited in paragraph (a) of this section, the head of each procuring activity responsible for a contract which provides for the operation by or on behalf of the Department of a system of records to accomplish a Department function shall designate a regular employee of the procuring activity to be the manager for a system of records operated by a contractor. (c) The Privacy Act clause set forth in § 1-1.327-5(c) of this title shall be supplemented by adding thereto a paragraph (d) as follows: (a) PRIVACY ACT (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. [40 FR 57671, Dec. 11, 1975] § 14-1.350 Obtaining a release of claims. (a) Upon completion of work required by a contract of the type and value listed below, the final amount due a contractor shall be paid only upon presentation by him of a proper ly executed voucher and a release of claims against the United States. The contractor shall except all unresolved claims from the operation of the release. (b) 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. (c) Contracts requiring a release of claims shall include a clause substantially as follows: 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. (d) Bureaus and offices of the Department of the Interior shall use Form DI-137, Release of Claims. [37 FR 4710, Mar. 4, 1972, as amended at 37 FR 7321, Apr. 13, 1972; 40 FR 27220, June 27, 1975; 41 FR 5283, Feb. 5, 1976] § 14-1.351 Federal Reports Act of 1942. (a) General. The Federal Reports Act of 1942 (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 the approval of the Office of Management and Budget is obtained in advance of the adoption or revision of any plans or forms for such collection. (b) Approvals. Data requirements shall be defined, cleared with the Department, and approved by the Office of Management and Budget prior to the issuance of solicitations, requests for proposals or contracts which involve the collection of information subject to the Act. Procedures and clearance requirements are contained in the Departmental Manual (305 DM 2) and Office of Management and Budget Circular No. A-40, Revised. (c) Clauses. Solicitations, requests for proposals, and contracts will contain a clause concerning the Act when the contract will require or may re |