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CHAPTER 6-DEPARTMENT OF STATE

Part
6-1 General.
6-2 Procurement by formal advertising.
6-3 Procurement by negotiation.
6-5 Special and directed sources.
66 Foreign purchases.
6-7 Contract clauses.
6–11 Federal, State, and local taxes.
6-30 Contract financing.
6-60 Contract appeal regulations.

PART 6-1-GENERAL

Subpart 6-1.1- Introduction Sec. 6-1.101 Scope of subpart. 6-1.102 Purpose. 6-1.103 Authority. 6-1.104 Applicability. 6-1.105 Exclusions. 6-1.106 Issuance. 6-1.107 Arrangement. 6-1.107-1 General plan, 6-1.107-2 Numbering. 6-1.107–3 Citation. 6-1.108 Relationship of the DOSPR, FPR,

and IAPR. 6-1.109 Control of deviations.

Subpart 6-1.3-General Policies Sec. 6-1.302 Procurement sources. 6-1.302-1 General. 6-1.302-3 Procurement from employees of

the Government. 8-1.350 Procurement by posts within the

United States. 6-1.351 Numbering procurement docu

ments. 6-1.351-1 Policy. 6-1.351-2 Procedure. 6–1.351-3 Numbering modifications and

amendments. 6-1.351-4 Contract file. 6-1.352 Distribution of numbered con

tracts. 6–1.352-1 Definition. 6-1.352-2 Distribution. 6-1.353 English language translations. Subpart 6-1.4-Procurement Responsibility and

Authority 6-1.400 Scope of subpart. 6-1.401 Responsibility of the head of the

procuring activity. 6–1.402 Authority of contracting officers. 6-1.403 Requirements to be met before

entering into contracts. 6-1,404 Selection, designation, and termi

nation of designation of contracting officers.

Subpart 6-1.2-Definition of Terms 8-1.201 Definitions. 6-1.250 Government. 6–1.251 Department. 6–1.252 Post. 6-1.253 Local procurement. 6-1.254 Third country procurement. 6-1.255 Central supply post. 6-1.256 Constituent supply post. 6–1.257 Supplies. 8-1.258 Service contracts. 6–1.258–1 Nonpersonal service contracts. 6-1.258-2 Personal service contracts.

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struction) by the Department of State 6–1.404–2 Designation.

both within and outside the United 6–1.4043 Termination of designation.

States except for those operations which Subpart 6-1.6-Debarred and Ineligible Bidders have exemption from the Federal Prop

erty and Administrative Services Act of 6-1.601 Purpose. 6-1.602 Department of State procedure for

1949, as amended. administrative debarment.

(b) The DOSPR and FPR do not ap

ply to the acquisition or leasing of real Subpart 6–1.8–Labor Surplus Area Concerns

property. 6-1.800 Scope of subpart.

(c) The FPR has been edited for use

by the Foreign Service. Those portions Subpart 6-1.9-Reporting Possible Antitrust

which are not applicable to procureViolations

ment outside the United States have been 8-1.901 General.

removed except that the contents pages Subpart 6-1.10—Publicizing Procurement Actions are complete for reference purposes. 6-1.1001 General policy.

(d) At posts where Joint Administra6–1.1002 Availability of invitations for tive Offices have been formed, the

bids and requests for pro- DOSPR and the FPR are applicable to posals.

procurement from Shared Administra6-1.1003 Synopses of proposed procure- tive Support funds. The DOSPR and the ments.

FPR are applicable for all AID adminis6–1.1003–1 Department of Commerce

trative and technical support procureSynopsis. 6-1.1003–2 General requirements.

ment, except in areas which have been

defined by the AID Office of AdministraAUTHORITY: The provisions of this part

tive Services (A/AS). 6-1 issued under sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c); sec. 4, 63 Stat.

(29 FR. 12070, Aug. 25, 1964, as amended at

31 F.R. 10193, July 28, 1966; 36 F.R. 4377, 111, 22 U.S.C. 2658.

Mar. 5, 1971)
Subpart 6–1.1 Introduction

$ 6-1.105 Exclusions. SOURCE: The provisions of this Subpart 6

Certain Department of State policies 1.1 appear at 28 F.R. 7779, July 31, 1963, unless otherwise noted.

and procedures which come within the

scope of this chapter nevertheless may $ 6–1.101 Scope of subpart.

be excluded from the DOSPR. These This subpart describes the Depart

exclusions include the following catement of State Procurement Regulations

gories: in terms of establishment, relationship (a) Subject matter which bears & to the Federal Procurement Regulations security classification. (FPR), arrangement, applicability, and (b) Policy or procedure which is exdeviation procedure. Procurement pro- pected to be effective for a period of less cedures are integrated with the regula- than six months. tions so as to provide a complete, logical (c) Policy or procedure which is being and comprehensive publication.

instituted on an experimental basis for $ 6-1.102 Purpose.

a reasonable period.

(Redesignated, 31 F.R. 10193, July 28, 1968] This subpart establishes the Department of State Procurement Regulations $ 6-1.106 Issuance. (DOSPR) as Chapter 6 of the Federal

Regulations contained in the DOSPR Procurement Regulations System.

deemed necessary for business concerns, 86-1.103 Authority.

and others properly interested, to underThe DOSPR are prescribed by the

stand basic and significant Department Secretary of State pursuant to the Act of State procurement policies are pubof May 26, 1949 (63 Stat. 111), as amend- lished in the Code of Federal Regulations ed, and the Federal Property and Ad- (CFR) as Chapter 6 of Title 41, Public ministrative Services Act of 1949 (63 Contracts, and are published in issues of Stat. 377), as amended.

the FEDERAL REGISTER and in separate

loose-leaf volume form. 86-1.104 Applicability.

(Redesignated, 81 P.R. 10193, July 28, 1966] (a) The DOSPR and the FPR apply to all procurement of personal property $6–1.107 Arrangement. and nonpersonal services (including con- (Redesignated, 31 FR. 10193, July 28, 1966)

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86–1.107-1 General plan.

The DOSPR conform with the style and arrangement of the FPR. (Redesignated, 31 FR. 10193, July 28, 1968] 86-1.107–2 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 FR. 10193, July 28, 1966) 86–1.107–3 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 6–1.107–3 of this chapter.” When this section is referred to formally in official documents, such as legal briefs, It should be cited as “41 CFR 6-1.107-3." Any section of the DOSPR may be informally identified, for purposes of brevity, as “DOSPR" followed by the section number, such as "DOSPR 6–1.107–3." (Redesignated, 31 FR. 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 LAPR 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, Ofice 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) Subpart 6–1.2-Definition of Terms

SOURCE: The provisions of this Subpart 6–1.2 appear at 28 F.R. 7779, July 31, 1963, unless otherwise noted. $ 6–1.201 Definitions.

For the purpose of this chapter, and unless otherwise indicated, the following terms have the meanings set forth in this subpart. 8 6–1.250 Government.

"Government” means the Government of the United States of America unless specifically stated otherwise. 86–1.251 Department.

“Department” means the Department of State, including all of its activities wherever located.

86-1.252 Post.

"Post” means a diplomatic or consular post of the United States of America. 86-1.253 Local procurement.

"Local procurement” means procurement by a post in the country in which the post is located. 86–1.254 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. 8 6–1.256 Constituent supply post.

"Constituent supply post” means any post other than a central supply post. 8 6–1.257 Supplies.

“Supplies" means personal property, including equipment. 86-1.258 Service contracts. (32 FR. 12115, Aug. 23, 1967] § 6–1.258–1 Nonpersonal service con

tracts. (a) Nonpersonal service contracts are those providing for services to be rendered to the Government, by individuals or organizations, under which:

(1) The Government does not directly supervise the manner of performance of the work and, in the case of organizations, does not reserve the right of selection or dismissal of individual employ

side the United States, should consult their respective Personnel units for guidance in making this determination. (32 FR 12115, Aug. 23, 1967] § 6–1.258–2 Personal service contracts. (See section 912.7–2a, Volume 3, Foreign Affairs Manual.) (32 FR 12115, Aug. 23, 1967)

Subpart 6–1.3—General Policies $ 6–1.302 Procurement sources. [28 FR 7779, July 31, 1963) 8 6–1.302–1 General.

(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 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 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 § 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 & service or product is not otherwise obtainable and such a determination 18 made in writing by the principal officer or the Chief, Supply and Transportation Services Division and retained as a part of the procurement file. 131 F.R. 6623, May 4, 1966)

ees; and

(2) The services are of such a nature that:

(1) They are not usually performed by employees; or

(1) they may be more practicably and economically procured by contract.

(b) The types of services that are usually rendered by employees may vary from country to country. Therefore Contracting Officers, both within and out

$ 6–1.350 Procurement by posts within

the United States. Posts are authorized to make small purchases, as provided for in § 6–3.605 of this chapter, directly from sources within the United States. (33 F.R. 570, Jan. 17, 1968] $ 6–1.351 Numbering procurement doc

uments. (37 FR 3640, Feb. 18, 1972] $ 6–1.351-1 Policy.

Procurement documents required to be numbered are:

(a) Formally advertised contracts.
(b) Negotiated contracts.

(c) Purchase orders.
(37 FR 3640, Feb. 18, 1972]
$ 6-1.351-2 Procedure.

All procurement documents shall be numbered in accordance with the Department's worldwide standardized numbering system. This system consists of a set of four digits followed by a hyphen and a second set of six digits. The first set of four digits always will identify the specific allotment/operating allowance to be charged. The second set of six digits will identify the obligation number of the transaction, the first digit of which is reserved to indicate the fiscal year during which the transaction takes place. Procurement documents prepared for other Federal agencies may be numbered in accordance with their requests. (37 FR 3641, Feb. 18, 1972] $ 6–1.351–3 Numbering modifications

and amendments. Each modification and/or amendment to a procurement document shall be alphabetized in successive order. This alphabetic letter shall be preceded by a hyphen and appear as a suffix to the original procurement document number. (37 FR 3641, Feb. 18, 1972) $ 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 FR 7247, May 29, 1965),

$ 6-1.352 Distribution of numbered

contracts. (a) Post series. The signed original together with the original Standard Form 1036 shall be retained at the post in the contract file and shall, upon request, be available for audit. A signed copy of the contract shall be furnished the contractor.

(b) FBO series. A signed copy of both the contract and Standard Form 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 Department authority, if any, under which the contract was consummated. The signed original of the contract with a Standard Form 1036 shall be placed in the contract file and shall, upon request, be available for audit. A signed copy of the contract shall be furnished the contractor.

(c) Department's Washington series. The signed original, together with the original Standard Form 1036, if required, shall be forwarded to Financial Services. One signed copy shall be retained in the contract file, and upon request, be available for audit. A signed copy of the contract shall be furnished the contractor. (37 FR 3641, Feb. 18, 1972) $ 6–1.352-1 Definition.

“Written contract.” For the purpose of this section, the term “written contract" means a contract made in writing and signed by both of the parties thereto. Such a contract may be a single document bearing the signatures of both parties or a group of documents properly signed. For example, when competitive bids are obtained, the written contract will normally consist of an invitation to bid issued by a contracting officer, an offer signed by the supplier and an acceptance of offer signed by a contracting officer. [28 F.R. 7779, July 31, 1963] § 6-1.352-2 Distribution.

(a) Post series. Written contracts numbered in the post series under § 6-1.351-3(a) shall be distributed as follows:

(1) The signed original together with the original of the SF_1036 (see

S. 6–2.407–7 and 6-3.250) shall be forwarded to the Department under cover

20-128–74

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