§ 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. (d) At posts where Joint Administrative Offices have been formed, the DOSPR and the FPR are applicable to procurement from Shared Administrative Support funds. The DOSPR and the FPR are applicable for all AID administrative and technical support procurement, except in areas which have been defined by the AID Office of Administrative Services (A/AS). [29 FR 12070, Aug. 25, 1964, as amended at 31 FR 10193, July 28, 1966; 36 FR 4377, Mar. 5, 1971] § 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. § 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 61.350. 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. [28 FR 7779, July 31, 1963. Redesignated at 31 FR 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 "§ 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.” [28 FR 7779, July 31, 1963. Redesignated at 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 § 11.009. 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 FPR-DOSPR. Chapter 19A of IAPR applies only to overseas procurement of USIA. [31 FR 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 FR 6622, May 4, 1966] Subpart 6-1.2-Definition of Terms SOURCE: 28 FR 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. § 6-1.250 Government. "Government" means the Government of the United States of America unless specificially stated otherwise. § 6-1.251 Department. "Department" means the Department of State, including all of its activities wherever located. § 6-1.252 Post. "Post" means a diplomatic or consular post of the United States of America. § 6-1.253 Local procurement. "Local procurement" means procurement by a post in the country in which the post is located. § 6-1.254 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. § 6-1.258-1 Nonpersonal service contracts. (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 employees; and (2) The services are of such a nature that: (i) They are not usually performed by employees; or (ii) 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 outside 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. (a) The laws and regulations relating to Federal employment lay down requirements which must be met by the Department in hiring its employees, and establish the governing of employment. In addition, personnel ceilings have been established for the Department and the Foreign Service posts. Except as otherwise authorized by express statutory authority (e.g., 5 U.S.C. 3109 as implemented by the annual Department of State Appropriation Act for expert and consultant services), these laws and regulations must be followed in obtaining personal services. In particular, they shall not be circumvented through the medium of "personal services" contracting, which is the procuring of services by contract in such a manner that the contractor or his employees are in effect employees of the Department. (b) Contracting Officers should be alert to the following conditions or circumstances, which, if present, could result in an improper personal services contract, if with: (1) An individual. (i) The contract does not call for an end product which is adequately described in the contract. (ii) The contract price or fee is based on the time actually worked rather than the results to be accomplished. (iii) The services are to be of a continuing rather than a temporary or intermittent nature. (iv) The services to be performed are usually performed by government employees under the supervision of a government official. (2) A concern. (i) Office space, equipment, and supplies necessary for contract performance are to be furnished by the Department. (ii) Contractor-furnished personnel are to be integrated within the organizational structure of the Department. (iii) Contractor-furnished personnel are to be used interchangeably with Department personnel to perform the same functions. (iv) The Department retains the right to control and direct the means and methods by which contractor-furnished personnel accomplish the work. (c) If in the opinion of the contracting officer any of the conditions or circumstances in paragraph (b) of this section are present, he will endeavor to resolve all doubts regarding the propriety of the proposed contract. Assist ance may be requested from the Chief, Supply and Transportation Division if the contracting officer is unable to resolve the matter. [42 FR 24740, May 16, 1977] Subpart 6-1.3-General Policies § 6-1.302 Procurement sources. [28 FR 7779, July 31, 1963] § 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 judgement 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 FR 12070, Aug. 25, 1964] § 6-1.302-3 Procurement from employees 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 FR 6623, May 4, 1966] § 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 FR 570, Jan. 17, 1968] § 6-1.351 Numbering procurement docu ments. [37 FR 3640, Feb. 18, 1972] § 6-1.351-1 Policy. Procurement documents required to be numbered are: (a) Formally advertised contracts. [37 FR 3640, Feb. 18, 1972] § 6-1.351-2 Procedure. All procurement documents shall be numbered in accordance with the Destandardized partment's worldwide 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 consumated. 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 FR 7779, July 31, 1963] § 6-1.352-2 Distribution. (a) Post series. Written contracts numbered in the post series under § 61.351-3(a) shall be distributed as follows: (1) The signed original together with the original of the SF-1036 (see §§ 62.407-7 and 6-3.250) shall be forwarded to the Department under cover of an operations memorandum, Subject: Finance. (2) One signed copy shall be furnished to the contractor whenever feasible. (3) One signed copy shall be retained in the contract file. (b) FBO series. Written contracts numbered in the FBO series under § 61.351-3(b) shall be distributed as follows: (1) The signed original and one signed copy together with the original and one copy of the SF-1036 (see §§ 62.407-7 and 6-3.250) shall be forwarded to the Department by operations memorandum, Subject: Buildings. The transmittal shall specify the appropriation against which the contract will be paid and shall refer to the Departmental authority, if any, by which the contract was entered into. (2) One signed copy shall be furnished to the contractor. (3) One signed copy shall be retained in the contract file. (c) Department's Washington series. Written contracts numbered in the Department's Washington series under § 6-1.351-3(c) shall be distributed as follows: (1) The signed original together with the original of the SF-1036, if required shall be forwarded to the Department's Office of Finance. (2) One signed copy shall be furnished to the contractor. |