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sentence will be added to paragraph (q) of § 1-30.414-2: “Not withstanding the provisions of the 'Subcontracts' clause of this contract concerning approval of subcontracts, all subcontracts and modifications thereto which authorize subadvances shall require the advance written approval of the Contracting Officer.” (41 FR 39748, Sept. 16, 1976, as amended at 46 FR 7986, Jan. 26, 1981; 46 FR 61471, Dec. 17, 1981)
Subpart 14-30.7—Assignment of
requested by the Administering Office will be considered an event under the paragraph entitled 'Default provisions of this clause'.”
(4) Paragraph (k) of § 1-30.414-2 will be modified as follows:
(i) In the fourth default circumstance, the words “the Special Bank Account” will be changed to read “the advance payment funds."
(ii) In the last three lines of the first sentence, the words “withhold further withdrawals from the special Bank ACcount and withhold further payments on this contract” will be revised to read, “withhold further withdrawals of advance payments and withhold further payments on this contract.”
(iii) Delete paragraph (k)(1) of § 130.414-2 commencing with the words “Withdraw all or any part *." If the letter of credit method of advance funding is used, paragraph (k)(1) of $ 1-30.414-2 should read “(1) Revoke the letter of credit."
(5) In the first sentence of paragraph (m) of § 1-30.414-2, delete the phrase "together with a monthly report on the operation of the Special Bank Account in prescribed form,”.
(6) Alternate paragraph (n)(1) of § 1-30.414-2 will not be used because the referenced provision in paragraph (d) concerning amounts withdrawn has been deleted as described in paragraph (c)(3) of this section.
(7) Paragraph (g) of § 1-30.414-2 will be modified as follows:
(i) In the third line of the first sentence, the words “Special Bank ACcount” will be revised to read, “advance payments.”
(ii) The last sentance of the paragraph will be changed to read, “unless other security is required by the Administering Office, covenants in subcontracts, expressly made for the benefit of the Government providing for a Government lien, paramount to all other liens, on all property under such subcontract, and imposing upon the subcontractor substantially the same duties and giving the Government substantially the same rights as are provided herein between the Government and the Contract or may be considered as adequate for such subadvance.”
(iii) When subadvances are authorized under contracts, the following
8 14-30.704 Forms for assignment and
notice of assignment. The following Department of the Interior forms are prescribed for use by all procuring activities.
(a) DI-83, Notice of Assignment. This form shall be used to provide appropriate notice of assignment of payments under contracts. Instructions for the use of the form are contained on the reverse side of the form.
(b) DI-84, Instrument of Assignment. This form will be used to make assignment of payments under contracts. Procuring activities will observe the isntructions contained in Subpart 130.7 of this title concering instruments of assignment.
(5 U.S.C. 301) [46 FR 7986, Jan. 26, 1981)
Sec. 14-63.000 Scope of part.
Subpart 14-63.1-Audit of Contractor's
14-63.101 Audit responsibility. 14-63.103 Requirements. 14-63.104 Clause.
AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301.
8 14-63.000 Scope of part.
This part prescribes policies and procedures pertaining to audit of proposals, contracts, and modifications.
[39 FR 15399, May 3, 1974)
§ 14-63.101 Audit responsibility.
The Office of Inspector General conducts or arranges for audits (i.e., examinations) of contractor's records to the extent that such audits are required or allowed by law, regulation or sound business judgement. Such audits include the conduct of periodic or requested audits of contractors as determined necessary or advisable by the Inspector General and may be influenced by such factors as the financial condition, intergrity, and reliability of the contractor; prior audit experience; adequacy of the accounting system; and the amount of unaudited claims. The audits may also include reviews of cost or price data for contractor's proposal for negotiated contracts (see FPR 1-3.809).
(c) In some contracts it may be appropriate to emphasize the scope or extent of an audit, such as (1) the use
dispostion of Government-furnished property or (2) variable or other special features of a contract (e.g., price escalation and compliance with the price warranty or price reduction clauses). In such cases, the contract clause in IPR 14-63.104 may be appropriately modified with the written concurrence of the Office of Inspector General.
$ 14-63.103 Requirements.
(a) A preaward audit of proposals shall be made as required by FPR 13.809.
(1) The preaward audit shall not be waived without proper written justification (See FPR 1-3.809(b)(1)(i)).
(2) Requests for preaward audit along with pertinent documents shall be submitted to the Office of Inspector General. Except under unusual circumstances, at least 30 days should be allowed for the review and evaluation of contractor's proposals.
(b) All awards of noncompetitive contacts which exceed $25,000 shall include the “Examination of Records" clause set forth in IPR 14-63.104.
(d) Use of the clause set forth in IPR 14-63.104 (whether or not modified) does not negate the required use of
the “Examination of Records" clause prescribed in FPR 1-3.814-2(c) or the “Audit" clause prescribed in FPR 1-3.814-2(a).
§ 14-63.104 Clause.
Insert the following clause under the conditions prescribed in IPR 1463.103(b);
EXAMINATION OF RECORDS Any Contractor receiving Federal funds agrees that the Secretary of the Interior, the Inspector General, or any of their duly authorized representatives shall, until the expiration of three years after final pay. ment under this contract or the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier, have access to, and the right to examine, any books, documents, papers and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to include this provision in all contractual agreements with subcontractors.
(End of Clause)
CHAPTER 14H-BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
to the Indian Self-Determination and Education
Page 272 274 276
which implement, supplement or deviate from the Federal Procurement
Regulations (FPR) and Interior ProSec. 14H-1.000 Scope of part.
curement Regulations (IPR), when ap
propriate. Subpart 14H-1.0—Regulation System
(b) The Federal Procurement Regu
lations are published as Chapter 1 of 14H-1.001 Scope of subpart.
this title. The Interior Procurement 14H-1.002 Purpose. 14H-1.003 Authority.
Regulations which implement and 14H-1.004 Applicability.
supplement the FPR are published as 14H-1.006 Issuance.
Chapter 14 of this title. The Bureau 14H-1.006-1 Code arrangement.
Procurement Regulations which im. 14H-1.006-2 Publication.
plement and supplement the FPR and 14H-1.007 Arrangement.
IPR are published as Chapter 14H of 14H-1.007-1 General plan. 14H-1.007-2 Numbering.
this title. It is the basic policy of the 14H-1.007-3 Citation.
Bureau to apply the Federal Procure14H-1.008 Agency implementation.
ment Regulations and the Interior 14H-1.009 Deviation.
Procurement Regulations. Thus, as to 14H-1.009-2 Procedure.
most elements of the procurement Subpart 14H-1.2—Definition of Terms process, substantive guidelines will be
found by reference to those regula14H-1.205 Procuring activity.
tions in the order mentioned. 14H-1.206 Head of the procuring activity. 14H-1.270 Definitions and terms pertain.
ing to contracts with Indian tribes. Subpart 14H-1.0—Regulation System 14H-1.270-1 Reservation program. 14H-1.270-2 Indian reservation.
$ 14H-1.001 Scope of subpart. 14H-1.270-3 Indian tribe. 14H-1.270-4 Indian tribal contractor.
This subpart establishes the Bureau
of Indian Affairs Procurement RegulaSubpart 14H-1.3—General Policies tions (BIAPR) and states their rela14H-1.302 Procurement sources.
tionship to the Federal Procurement 14H-1-302-3 Contracts between the Gov- Regulations (FPR) and the Interior
ernment and Government employees or Procurement Regulations (IPR). business concerns substantially owned
or controlled by Government employees. $14H-1.002 Purpose. Subpart 14H-1.4-Procurement Responsibility
This subpart establishes for the and Authority
Bureau uniform policies and proce
dures related to procurement of per14H-1.402 Authority of contracting offi
sonal property, nonpersonal services, cers. 14H-1.404 Selection, designation and ter
construction, and real property by mination of designation of contracting
lease. officers. 14H-1.404-2 Designation.
$ 14H-1.003 Authority. 14H-1.404-3 Termination of designation.
BIAPR are prescribed by the Com14H-1.404-4 Assignment of duties to contracting officers.
missioner of Indian Affairs (CommisAUTHORITY: Sec. 205(c), 63 Stat. 390; 40
sioner) under the Federal Property U.S.C. 486(c).
and Administrative Services Act of SOURCE: 34 FR 13659, Aug. 26, 1969, unless
1949, as amended, or other authority otherwise noted.
specifically cited. $ 14H-1.000 Scope of part.
$ 14H-1.004 Applicability. (a) This part establishes a system for BIAPR apply to all procurement acthe codification and publication of tivities of the Bureau to the extent inpolicies and procedures of the Bureau dicated, unless otherwise provided by of Indian Affairs (Bureau) regulations law.