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$ 6–1.351-3 Numbering.
(e) Reopening of post. If a post is (a) Post series. The post series shall
closed and subsequently reopened, the contain all written contracts except those
same contract symbol shall be used and contracts described in paragraphs (b)
the contract number shall start with the and (d) of this section. The post series
next consecutive number following the shall be numbered in the following man
last number used before the post was ner:
closed. (1) The capital letter S, signifying the
(f) Amendments. Contract changes Department of State;
and modifications will be assigned the (2) The contract symbol number of
same number as the related contract the post making the procurement;
followed by the words “Amendment No. ------” with the amendments num
bered consecutively beginning with num(3) The small letters fa preceded by a ber “1” for each contract. dash, signifying foreign administration;
(30 F.R. 7247, May 29, 1965)
180 FR70247 N and
(4) A number preceded by a dash to be § 6–1.351-4. Contract file. ssigned to each contract in the post Upon execution of a numbered conseries.
tract, a contract file shall be established (5) When contracting for another
which shall contain a copy of the signed post, the post making the contract shall
contract together with all supporting use their own symbol and series number documents, a copy of each rejected bid plus the name of the post for whom pro- or proposal together with all supporting curement is made. For example, the documents, an abstract of bids showing third contract in the post series for Accra items accepted or rejected and the reawould be numbered S 424-fa-3.
sons therefor and any other documents (b) FBO series. The FBO series shall : pertinent to the award and administracontain all post issued written contracts tion of the contract. utilizing Office of Foreign Buildings
130 F.R. 7247, May 29, 1965) funds including real estate leases utilizing Foreign Buildings funds or other $ 6–1.352 Distribution of numbered funds. Contracts in the FBO series shall contracts. be numbered in the same manner as for
(a) Post series. The signed original the post series except that the letters
together with the original SF-1036 shall "FBO” shall be used in lieu of the letters
be forwarded to the Department with “fa”. For example, the third contract in the FBO series for Accra would be
an operations memorandum, Subject:
Finance. A signed copy of the contract numbered S424-FBO-3.
with related SF-1036 shall be placed in
the contract file ($ 6–1.351-4) and, if (c) Department's Washington series.
feasible, a signed copy furnished the The Department's Washington series
contractor. shall contain all written contracts for
(b) FBO series. The signed original procurement awarded by the Depart
and one signed copy of both the contract ment from an office located within the
and the SF-1036 shall be forwarded to United States except those contracts
the Department with an operations prepared for another agency under para
· memorandum, Subject: Buildings. The graph (d) of this section. The contract
memorandum shall specify the appronumber shall consist of the letters "SCC”
priation against which the contract will followed by a dash and the number as
be paid and shall refer to the Departsigned to the contract from the Washing
mental authority, if any, under which the ton series. For example, the third con
contract was consummated. A signed tract in the Department's Washington
copy of the contract with a SF-1036 shall series would be numbered SCC-3.
be placed in the contract file and, if fea
sible, a signed copy furnished the con(d) Contracts for other Federal agen tractor. cies. Contracts prepared for other (c) Where the law of a foreign counFederal agencies may be numbered in try requires that the original of a conthe post series for, if requested by the tract be retained in the country, a signed agency being served, in accordance with copy shall be forwarded to the Departtheir request.
ment in lieu of the original.
(d) Departments. Washington series. (2) One signed copy shall be furnished The signed original together with the to the contractor. original SF-1036 if required shall be for (3) One signed copy shall be retained warded to the Department's Office of Fi in the contract file. nance. One signed copy shall be re (c) Department's Washington series. tained in the contract file and, if feasible, Written contracts numbered in the Deone copy shall be furnished to the con partment's Washington series under tractor.
$ 6–1.351-3(c) shall be distributed as (30 F.R. 7247, May 29, 1965)
(1) The signed original together with $ 6–1.352-1 Definition.
the original of the SF-1036, if required "Written contract.” For the purpose shall be forwarded to the Department's of this section, the term “written con Office of Finance. tract” means a contract made in writing
(2) One signed copy shall be furnished and signed by both of the parties there to the contractor. to. Such a contract may be a single (3) One signed copy shall be retained document bearing the signatures of both in the contract file. parties or a group of documents prop (d) Where the law of a foreign counerly signed. For example, when com
try requires that the original of a writpetitive bids are obtained, the written ten contract be retained in the country, contract will normally consist of an in
a signed copy shall be forwarded to the vitation to bid issued by a contracting Department in lieu of the original. officer, an offer signed by the supplier (29 F.R. 12070, Aug. 25, 1964) and an acceptance of offer signed by a contracting officer. § 6–1.352—2 Distribution.
$ 6–1.353 English language transla
tions. (a) Post series. Written contracts numbered in the post series under If any part of a contract is not written § 6–1.351-3(a) shall be distributed as in the English language, an accurate follows:
translation of such part shall be at(1) The signed original together with tached to the original and each copy of the original of the SF-1036 (see the contract whenever such action is $$ 6–2.407–7 and 6–3.250) shall be for determined to be feasible by the conwarded to the Department under cover tracting officer. of an operations memorandum, Subject: Finance.
(2) One signed copy shall be furnished to the contractor whenever feasible.
(3) One signed copy shall be retained in the contract file. (b) FBO series. Written contracts
$ 6-1.354 Procurement numbered in the FBO series under
from em§ 6–1.351-3(b) shall be distributed as
ployees of the Government. follows:
No procurement of supplies, equip(1) The signed original and one signed ment or services may be made from any copy together with the original and one
the original and one employee of the Government through copy of the SF-1036 (see $$ 6–2.407–7 and
contract, purchase order or any other 6–3.250) shall be forwarded to the De method of procurement, except where partment by operations memorandum a service or product is not otherwise Subject: Buildings. The transmittal shall specify the appropriation against
made in writing by the principal officer which the contract will be paid and shall
or the Chief of the Department's Divirefer to the Departmental authority, if sion of Supply and Transportation Manany, by which the contract was entered agement and retained as a part of the into.
Subpart 6-1.6-Debarred and
Ineligible Bidders 86-1.601 Purpose.
This subpart prescribes the procedures for administrative debarments. (31 F.R. 6623, May 4, 1966) $ 6–1.602 Department of State pro
cedure for administrative debarment. (a) Administrative debarment may be initiated by any Contracting Officer of the Department.
(b) The recommendation for debarment together with a statement of the causes or conditions (§ 1-1.605 of this title), the suggested term of debarment and documentary evidence to support the recommendation will be submitted to the Chief, Supply and Transportation Services Division. If concurred in, the recommendation will be forwarded through the legal advisor to the Deputy Under Secretary of State for Administration for final decision and return to the Chief, Supply and Transportation Services Division. [31 F.R. 6623, May 4, 1966)
Subpart 6–1.8—Labor Surplus Area
Concerns $ 6–1.800 Scope of subpart.
Subpart 1-1.8 is not applicable to procurement by the Department outside the United States. (32A CFR Ch. I; 25 F.R. 5283) Subpart 6–1.9— Reporting Possible
Antitrust Violations 86-1.901 General.
Reports of possible antitrust violations shall be forwarded by contracting officers of the Department to the Supply and Transportation Services Division in Washington. These reports shall include the documents and additional information required pursuant to $$ 11.902 and 1-1.903 of this title. 131 F.R. 6623, May 4, 1966)
PART 6-2-PROCUREMENT BY United States are prescribed in Subpart
6-16.1. FORMAL ADVERTISING
(a) The place selected for the opening Subpart 6-2.1-Use of Formal Advertising of bids shall be, if possible, large enough
to permit the attendance of any bidder Sec. 6–2.102 Policy.
who desires to be present at the opening. Subpart 6–2.2—Solicitation of Bids 6–2.201 Preparation of invitations for [29 F.R. 12071, Aug. 25, 1964, as amended at bids.
31 F.R. 10193, July 28, 1966) 6–2.202 Miscellaneous rules for solicita
tion of bids. 6–2.202–1 Bidding time.
8 6–2.202 Miscellaneous rules for solici6–2.202–50 Grouping of items in a single
tation of bids. invitation for bids. .6–2.202-51 Grouping of items to facilitate
$ 6–2.202–1 Bidding time. award.
Any request for a procurement which 6–2.203 Methods of soliciting bids.
does not provide for the minimum 6–2.203–1 Mailing or delivering to pro
bidding time required under FPR 1spective bidders. 6–2.203–3 Publicity in newspapers and
2.202–1(c) must be justified in writing trade journals.
and approved by the Contracting Officer. 6–2.205 Bidders mailing lists.
$ 6-2.202-50 Grouping of items in a 6–2.205–1 Establishment of lists.
single invitation for bids. Subpart 6-2.4-Opening of Bids and Award of
(a) It is basic Government policy that Contract
procurement shall be effected by formal 6-2.402 Opening of bids.
advertising, except as provided in Sub6-2.404 Rejection of bids.
part 1-3.2. Consequently, requirements 6-2.406 Mistakes in bids.
aggregating more than $2,500 shall not be 6-2.406–2 Apparent clerical mistakes. 6-2.407-5 Other factors to be considered.
broken down into several purchases or 6–2.407-7 Statement and certificate of
contracts of less than $2,500 merely for award.
the purpose of utilizing negotiation. See 6–2.407–8 Protests against award.
§ 1-3.602. In order to minimize the adAUTHORITY: The provisions of this part
ministrative costs to the Government 6-2 issued under 63 Stat. 111; 5 U.S.C. 151c,
adherent in procurement by formal ad22 U.S.C. 811.
vertising, and still gain the benefits of
formal advertising to the greatest extent SOURCE: The provisions of this Part 6-2 contained in Dept. Reg. 108.510, 29 F.R. 12071,
possible, each invitation for bids shall
include all items suitable for procureAug. 25, 1964, unless otherwise noted.
ment by the procuring activity at the time the invitation is being prepared
which are customarily provided by the Subpart 6.2.1-Use of Formal prospective bidders. Advertising
(b) For example, hardware products, § 6–2.102 Policy.
spare parts for vehicles, and office sup
plies would not be listed on a single inThe policy set forth in FPR 1-2.102
vitation, unless in a particular circumthat procurement shall be made by for
stance the prospective bidders customarmal advertising whenever such method ily handled items from all three of these is feasible and practicable shall apply to categories. But a wide variety of items procurement made within the United in any one of these categories could States.
normally be listed on a single invitation (30 F.R. 7247, May 29, 1965)
because prospective bidders would normally carry a full line of the products
within their specialized field. Subpart 6–2.2—Solicitation of Bids
$ 6–2.202–51 Grouping of items to fa
cilitate award. 8 6–2.201 Preparation of invitations for Invitations may provide that awards bids.
will be made by items, or by groups of Forms used in inviting bids for pro- items. Grouping inexpensive items has curement by the Department outside the the following advantages:
(a) By reducing the number of awards which must be made by the Government it eliminates unwarranted administrative expense.
(b) By making larger awards possible, it encourages prospective bidders to bid at prices more favorable to the Government.
(i) The advertisement to be published.
(ii) A complete description of the advertisement, including type, size, arrangement, space, and publication dates.
(iii) A stipulation that the price charge shall not be higher than the commercial rate charged to private individuals, with the usual discounts.
NOTE: This does not preclude the responsibility of contracting officers to secure lower terms at special rates whenever obtainable.
§ 6–2.203 Methods of soliciting bids. 8 6–2.203-1 Mailing or delivering to
prospective bidders. It is highly desirable that envelopes containing the name and address of the issuing activity, and the date, hour, and place of opening of the bids, be enclosed with invitations, and that bidders be requested to use such envelopes for submission of bids. $ 6–2.203–3 Publicity in newspapers
and trade journals. (a) Free publicity.
(b) Paid advertisements. Procurement by formal advertising does not require the use of paid advertisements in newspapers and trade journals. It is the policy of the Department that paid advertisements shall not be used as a method of soliciting bids unless particular circumstances make the use of this method clearly in the best interest of the Government. The fact that no free publicity is available as described in paragraph (a) of § 1-2.203–3 does not mean that paid advertisements are appropriate. If paid advertisements are deemed to be clearly in the best interest of the Government, they shall be contracted for in accordance with the following procedures:
(1) Posts shall issue Form FS-455 in advance of publication to purchase advertising space. The following special information and conditions shall be included on the face of Form FS-455, Form FS-455a or the specification sheets attached thereto:
(iv) A stipulation that (2) marked copies of each issue of the publication containing the advertising shall be submitted with the vendor's invoice. (If not obtainable gratis, the cost of furnishing copies of the publication, as distinct from the cost of the advertisement space, shall be included as a separate item on Form FS-455). On receipt of the vendor's invoice and the two copies of the publication for each date published, there shall be clipped from each copy the name of the publication, the date of publication and the advertisement. Each complete set of the clippings shall be permanently attached to plain sheets of bond paper. One set of clippings for each date of publication shall be attached to the original copy of Form FS455, and the other set shall be attached to the paying office copy.