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 included 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]

(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 employ

ees 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 Posts within the United States.

(a) Posts are authorized to make direct procurement from both commercial and governmental sources within the United States. Procurement from contracts of Government agencies (such as Federal Supply Schedules and Supply Schedules of the Department of State) may be made without dollar limitation except for any maximum order limitation which may be included in the contract or schedule. Purchases may be made direct from commercial sources within the United States when the aggregate amount of a single transaction (including cost of item, packing, freight and related costs) does not exceed $2,500.

(b) Procurements under paragraph (a) of this section are subject to the limitations of Part 6-5-Special and Directed Sources of Supply, of this chapter.

[30 F.R. 7247, May 29, 1965]

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

66-090 O-67-2

(3) The small letters fa preceded by a dash, signifying foreign administration; and

(4) A number preceded by a dash to be assigned to each contract in the post series.

(5) When contracting for another post, the post making the contract shall use their own symbol and series number plus the name of the post for whom procurement is made. For example, the third contract in the post series for Accra would be numbered S 424-fa-3.

(b) FBO series. The FBO series shall contain all post issued written contracts utilizing Office of Foreign Buildings funds including real estate leases utilizing Foreign Buildings funds or other funds. Contracts in the FBO series shall be numbered in the same manner as for the post series except that the letters "FBO" shall be used in lieu of the letters "fa". For example, the third contract in the FBO series for Accra would be numbered S424-FBO-3.

(c) Department's Washington series. The Department's Washington series shall contain all written contracts for procurement awarded by the Department from an office located within the United States except those contracts prepared for another agency under paragraph (d) of this section. The contract number shall consist of the letters "SCC" followed by a dash and the number assigned to the contract from the Washington series. For example, the third contract in the Department's Washington series would be numbered SCC-3.

(d) Contracts for other Federal agencies. Contracts prepared for other Federal agencies may be numbered in the post series for, if requested by the agency being served, in accordance with their request.

(e) Reopening of post. If a post is closed and subsequently reopened, the same contract symbol shall be used and the contract number shall start with the next consecutive number following the last number used before the post was closed.

(f) Amendments. Contract changes and modifications will be assigned the same number as the related contract followed by the words "Amendment No. " with the amendments numbered consecutively beginning with number "1" for each contract. [30 F.R. 7247, May 29, 1965] § 6-1.351-4 Contract file.

Upon execution of a numbered contract, a contract file shall be established which shall contain a copy of the signed contract together with all supporting documents, a copy of each rejected bid or proposal together with all supporting documents, an abstract of bids showing items accepted or rejected and the reasons therefor and any other documents pertinent to the award and administration of the contract. [30 F.R. 7247, May 29, 1965]

§ 6-1.352 Distribution of numbered

contracts.

(a) Post series. The signed original together with the original SF-1036 shall be forwarded to the Department with an operations memorandum, Subject: Finance. A signed copy of the contract with related SF-1036 shall be placed in the contract file (§ 6-1.351-4) and, if feasible, a signed copy furnished the contractor.

(b) FBO series. The signed original and one signed copy of both the contract and the SF-1036 shall be forwarded to the Department with an operations memorandum, Subject: Buildings. The memorandum shall specify the appropriation against which the contract will be paid and shall refer to the Departmental authority, if any, under which the contract was consummated. A signed copy of the contract with a SF-1036 shall be placed in the contract file and, if feasible, a signed copy furnished the contractor.

(c) Where the law of a foreign country requires that the original of a contract be retained in the country, a signed copy shall be forwarded to the Department in lieu of the original.