Code of Federal Regulations: Containing a Codification of Documents of ...

19-1.5303 General authority of Contracting Officers. General responsibility of Contracting Officers.

19-1.5304

19-1.5305 Contracting Officers' representatives. 19-1.5306 Responsibility for assuring the availability of funds.

19-1.5307 Standards of conduct.

AUTHORITY: The provisions of this Part 19-1 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486 (c).

§ 19-1.000 Scope of part.

This part describes the method by which the United States Information Agency implements and supplements the Federal Procurement Regulations, and contains procedures which implement and supplement Part 1-1 of the Federal Procurement Regulations. [27 FR 6044, June 27, 1962]

Subpart 19-1.1-Introduction

SOURCE: The provisions of this Subpart 19-1.1 appear at 27 F.R. 6044, June 27, 1962, unless otherwise noted.

19-1.100 Scope of subpart.

This subpart establishes Chapter 19 of the Federal Procurement Regulations System, and states its relationship to the Federal Procurement Regulations (FPR), and to other instructions governing contracting and procurement operations of the U.S. Information Agency. 819-1.101 Establishment of USIA pro

curement policies and procedures. This subpart establishes U.S. Information Agency (USIA) procurement policies and procedures (Chapter 19) as prescribed by the Director of USIA, to provide uniform policies and procedures applicable to procurement of personal property and nonpersonal services (including construction) and the procurement of real property by lease, for all USIA activities.

[31 F.R. 10789, Aug. 13, 1966]

§ 19-1.102 Authority.

The U.S. Information Agency Procurement Regulations are prescribed by the Director of the U.S. Information Agency pursuant to the authority of the United States Information and Educational Exchange Act of 1948, Reorganization Plan

No. 8 of 1953, and the Federal Property and Administrative Services Act of 1949, as amended.

§ 19-1.103 Relationship of Chapter 19 to the FPR and other procurement instructions.

(a) Chapter 19 implements and supplements the FPR. Material published in the FPR, which has Government-wide applicability, becomes effective throughout the USIA upon the effective date of the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise restated in Chapter 19.

(b) Implementing material is that which expands upon related FPR material. It will treat a similarly numbered portion of the FPR in greater detail or indicate the manner of compliance or deviation.

(d) The absence of a corresponding part, subpart, section, etc. in Chapter 19 indicates that the FPR is applicable as written.

(e) Procurement instructions, necessary to implement or supplement the FPR and Chapter 19, will be issued by the Chief of the Contract and Procurement Division, Office of Administration (IOA/C). These instructions, together with the FPR and Chapter 19, constitute the U.S. Information Agency Procurement Regulations (IAPR).

§ 19-1.104 Applicability.

Chapter 19 applies to all purchases and contracts made by the U.S. Information Agency for the procurement of personal property and nonpersonal services (including construction) and the procurement of real property by lease, within the United States.

[31 F.R. 10789, Aug. 13, 1966]

§ 19-1.105 Method of issuance.

(a) All Chapter 19 material deemed necessary for an understanding, by business concerns and others interested, of basic and significant USIA policies and procedures, will be published in the FEDERAL REGISTER. Other related material also may be published in the FEDERAL REGISTER When its inclusion will provide a logical, comprehensive statement of USIA procurement policies and procedures.

(b) The Chapter 19 material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 19 of Title 41 of the Code of Federal Regulations. The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington 25, D.C.

819-1.106 Exclusions.

(a) Certain policies and procedures within the scope of this Chapter 19 may be excluded when any of the following criteria are applicable:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than six months.

(3) Policies and procedures which are effective on an experimental basis for a reasonable period.

(4) Policies and procedures pertaining to other functions of USIA as well as to procurement functions and there is need to make the issuance available simultaneously to all USIA employees concerned.

(5) Speed of issuance is essential, numerous changes are required in Chapter 19, and all necessary changes cannot be made promptly.

(b) Procurement procedures and instructions issued in other than the FPR System format under (a) (4) and (5), above, will be codified into Chapter 19 at the earliest practicable date, but in any event not later than six months from date of issuance.

§ 19-1.107-1 General plan.

Chapter 19 is divided into parts, subparts, sections, subsections, and further subdivisions as necessary.

§ 19-1.107-2 Numbering.

(a) Generally, the numbering system used in Chapter 19 conforms to that in the FPR (See § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both the FPR and in Chapter 19 except that the first number in the FPR will be 1 rather than 19.

(b) Where Chapter 19 implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section or subsection of Chapter 19 will be numbered (and captioned) to

correspond to the FPR part, subpart, section, or subsection.

(c) Where Chapter 19 supplements the FPR and thus deals with subject matter not contained in the FPR, the numbers in the group 50 through 69 will be assigned to the respective supplementing parts, subparts, or section.

(d) Where the subject matter contained in the part, subpart, section, or subsection of the FPR requires no implementation, Chapter 19 will contain no corresponding part, subpart, section, or subsection. Thus, there may be gaps in the Chapter 19 series of part, subpart, section, or subsection; in such cases, reference must be made to the FPR for policy and procedure applicable to USIA. § 19-1.107-3

Citation.

USIA procurement regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the IAPR, should be cited as " 19-1.107-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 19-1.107-3." Any section of the USIA Procurement Regulations may be informally identified, for purposes of brevity, as IAPR followed by this section number; i.e., "IAPR 19-1.107-3."

§ 19-1.108 Deviation.

§ 19-1.108-1

Description.

The term "deviation" includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the Federal Procurement Regulations System shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from the FPR and IAPR shall be authorized by the Assistant Director for Administration or the Chief of the Contract and Procurement Division (IOA/C). This authority may not be redelegated.

(1) A supporting statement for each deviation which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.

(2) A copy of the supporting statement for each deviation shall be forwarded to the Chief of the Contract and Procurement Division.

(b) In classes of cases, deviations will be considered on an expedited basis jointly by the Chief, Contract and Procurement Division, and the General Services Administration unless, in the considered judgment of the Chief, Contract and Procurement Division, circumstances preclude such joint effort, in which case he will notify the General Services Administration of the deviation. Subpart 19-1.2-Definition of Terms

SOURCE: The provisions of this Subpart 19-1.2 appear at 31 F.R. 10789, Aug. 13, 1966, unless otherwise noted.

§ 19–1.201 Definitions.

For the purposes of this chapter, the following terms have the meanings set forth in this subpart, unless otherwise indicated.

§ 19-1.206 Chief, Contract and Procurement Division.

The Chief of the Contract and Procurement Division, the "Head of the procuring activity," is also designated the "Chief Contracting Officer" and, in some cases, the "Agency Contracting Officer." § 19-1.250 Government.

"Government" means the Government of the United States of America, and shall be deemed to include any department or organizational component thereof, including the Agency.

(b) (1) Any exception, as described in § 1-1.302-3 (a) of this title, must be supported by written findings and a determination signed by the Director. In these cases, the "Director" means only the Director or Acting Director of the Agency and does not include Assistant Directors.

(2) The Agency may purchase, rent, license, or otherwise acquire materials in which Agency employees have a financial interest, only after obtaining a written waiver signed by the Director. If

the Agency employee is the author or originator of copyrighted material, it must be established that there is no real or apparent conflict of interest between his official duties and his rights to any royalties. To prevent such conflict, the Agency shall endeavor to obtain the employee's waiver of any royalty payments. In addition, the employee would be expected to discourage publicity regarding Agency use of his material.

§ 19-1.302-51 Contracts between the Government and former Government employees.

Negotiated contracts may be entered into with ex-employees of the Agency or with firms in which ex-employees are known to have a substantial interest, within a period of 2 years subsequent to the termination of employment, only with the written approval of the Director. § 19-1.305-3 Deviations from Federal Specifications.

Any deviation from a Federal Specification contemplated under § 1-1.305-3 of this title shall be submitted to the Chief of the Contract and Procurement Division of the Agency, for approval prior to use. The request shall include a statement describing the deviation, with justification therefor and, where applicable, a recommendation for revision or amendment of the specification.

§ 19-1.313

Records of contract actions. (a) The documents, memoranda, and summary statements contemplated by § 1-1.313 of this title shall include but not be limited to the following, unless the Contracting Officer determines certain elements are not required:

(1) A copy of the procurement request;

(2) A copy of any required Determinations and Findings, or other statement and justification for negotiation;

(3) A list of sources solicited or a justification for limiting such sources;

(4) A copy of any determination to set-aside the procurement for small business or for a labor-surplus area;

(5) A copy of the Invitation for Bids or Request for Proposals, including any plans or specifications or references thereto;

(6) All bids or proposals received with an abstract thereof;

(7) The bidders' Statement of Contingent Fees;

(8) All preaward surveys;

97-031-73- 2

(9) Selection of the successful Contractor, including

(i) The reasons for selection,

(ii) The Contracting Officer's determination of the Contractor's responsibility, and

(iii) Any Small Business Administration Certificate of Competency;

(10) All price and cost data submitted or used, including Certificate of Current Cost or Pricing Data;

(11) A full record of negotiations, including but not limited to

(i) Participants,

(ii) Dates of meetings or phone calls, (iii) Government-furnished materials or facilities to be provided,

(iv) Subcontracting,

(v) Terms and conditions agreed to, (vi) Deviations, if any, from prescribed contract clauses,

(vii) Technical recommendations, and (viii) Justification for final price; (12) Justification for type of contract used;

(13) Any exceptions or exemptions from the Buy American Act or from the Agency's Foreign Purchases policy (see Subpart 6.50 of this chapter);

(14) A copy of contract award;

(15) Evidence of legal review required, and copy of comments, if any, made by legal counsel;

(16) All pertinent correspondence; (17) Copies of all change orders, and supplements, with supporting documents;

(18) Comprehensive termination data; (19) Copies of royalty reports received;

(20) Final release upon completion of the contract;

(21) Required approvals of contract; and

(22) Any additional documents considered necessary to present a complete résumé of the contract action.

(b) Complete record of all advertised and negotiated contract action will be preserved for the period required by records management instructions.

(d) Memoranda, for documenting actions taken, should not duplicate information evident in other file documents except where clarification is required. Copies of all negotiation memoranda will be submitted to the Chief of the Contract and Procurement Division. All memoranda will be signed and the drafting date will be indicated.

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