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Subpart 6-2.4Opening of Bids and

Award of Contract

§ 6–2.402 Opening of bids.

After the bids have been opened, and read aloud to the bidders present, an announcement shall be made that the opening of bids has been completed, and that, where feasible, all bidders will be notified as soon as conveniently possible regarding the award.

§ 6–2.404 Rejection of bids.

If all of the bids for any item have been rejected, the contracting officer may readvertise for that item using the same specifications or modified specifications, or may negotiate under the circumstances discussed in $ $ 1-3.210 and 1-3.214.

§ 6–2.406 Mistakes in bids.

(a) The Deputy Under Secretary for Administration is authorized to make the determinations under FPR 1–2.406–3 and 1–2.406–4 which shall be approved by the Legal Advisor's Office.

(b) In doubtful cases under FPR 1–2.406–3(e) or where an administrative determination is precluded by the limitations of FPR 1-2.406–4, a request for the decision of the Comptroller General will be submitted by the Supply and Transportation Services Division through the Legal Advisor's Office. [31 F.R. 6623, May 4, 1966)

$ 6–2.407-7 Statement and certificate of

award. (a) Standard Form 1036 (Statement and Certificate of Award) shall be used in connection with each contract made by formal advertising to evidence compliance with § 1-2.103. An original and at least one copy of Standard Form 1036 shall be prepared. The original Standard Form 1036 shall accompany and be distributed with the original of the contract. One confirmed copy of the Standard Form 1036 shall be retained in the contract file. Item 2(a) of Standard Form 1036 shall be filled in by inserting the number of prospective bidders to whom invitations for bids were distributed. In other respects, Standard Form 1036 shall be prepared as prescribed thereon, and in such details as to contain the information required by § 1-2.407-7(b). § 6–2.407–8 Protests against award.

(a) While a case involving a protest before award is pending in the office of the Comptroller General, no award may be made under FPR 1-2.407-8(b) (3) without the prior approval of the Chief, Supply and Transportation Services Division, or, in the case of overseas posts, the Principal Officer of the post. The request for approval will include complete documentation of the determination to make the award.

(b) The Chief, Supply and Transportation Services Division (or the Principal Officer), shall notify the Comptroller General of the intent to make the award and request advice as to the status of the case. A copy of such notice shall be given to the Contracting Officer. The Chief, Supply and Transportation Services (or the Principal Officer), shall notify the Contracting Officer of his approval or disapproval of the determination to make award.

(c) When a written protest is lodged with the Contracting Officer after award, the Contracting Officer will furnish the protestor a written explanation of the basis for the award. (31 F.R. 6623, May 4, 1966)

$ 6–2.406–2 Apparent clerical mistakes.

In addition to the example set forth in § 1-2.406–2, an obvious mistake in extension of unit prices shall be considered an apparent clerical mistake.

§ 6–2.407–5 Other factors to be consid

ered. See § 6–11.301.

PART 6-3-PROCUREMENT BY

(b) Formal advertising may be em

ployed if its use is considered feasible NEGOTIATION

and practicable under the conditions and Sec.

circumstances of the procurement. 6-3.000 Scope of part.

(c) Competitive solicitation shall be Subpart 6-3.1-Use of Negotiation

used to the maximum extent consistent 6-3.101 General requirements for negoti

with the procurement in accordance with ation outside the United

FPR 1-3.101 (c) and (d).
States.

(d) The authority to be cited on the

Standard Form 1036 (Statement and Subpart 6-3.2-Circumstances Permitting

Certificate of Award), or other docuNegotiation

ment, in all negotiated procurement 6-3.210 Impracticable to secure competi

shall be the applicable section of FPR tion by formal advertising.

1-3.2 except that all such procurement Subpart 6-3.3-Determinations, Findings, and

not in excess of $2,500 shall cite the Authorities

authority of FPR 1–3.203 and procure

ment under FPR 1-3.215 (otherwise au6-3.301 Scope of subpart. 6–3.302 Determinations and findings re

thorized by law) shall cite as authority quired.

the applicable law authorizing negotia6-3.305 Form and requirements of de- tion.

terminations and findings. 6-3.308 Preservation of data.

Subpart 6–3.2-Circumstances

Permitting Negotiation Subpart 6–3.4-Types of Contracts 6-3.405-3 Letter contract.

$ 6–3.210 Impracticable to secure com

petition by formal advertising. Subpart 6-3.6—Small Purchases

(a) Application. (1) Section 321 of 6-3.604 Imprest funds (petty cash) the Transportation Act of 1940 (49 method.

U.S.C. 65) is not applicable to procure6-3.604-3 Agency responsibilities. 6-3.605 Order-Invoice-Voucher.

ment outside the United States except 6–3.605–50 Foreign Service Forms 455 and to the U.S. portion of a shipment made 455a.

to an oversea destination and to ship6–3.606 Blanket purchase arrangements. ments between two points in the United 6-3.606–5 Agency implementation.

States that pass through a foreign coun

try. Subpart 6–3.8—Price Negotiation Policies and

(2) It is the policy of the Department Techniques

not to require formal advertising in con6-3.814 Contract clauses.

nection with procurement outside the AUTHORITY: The provisions of this Part 6–3 United States, when competition by forissued under 63 Stat. 111; 5 U.S.C. 151c; 22 mal advertising is contrary to the locally U.S.C. 811.

accepted method of doing business. SOURCE: The provisions of this Part 6-3 appear at 30 F.R. 7247, May 29, 1965, unless Subpart 6–3.3—Determinations, otherwise noted.

Findings, and Authorities 8 6–3.000 Scope of part.

$ 6-3.301 Scope of subpart. (a) This part prescribes the policies (a) Formal written findings and deand procedures applicable to procure- terminations (F&D) shall be made in acment by negotiation by the Department cordance with Subpart 1-3.3 of Part 1-3 both in and outside the limits of the of this title and this subpart. United States and its possessions.

[31 F.R. 6623, May 4, 1966] Subpart 6–3.1—Use of Negotiation $ 6–3.302 Determinations and findings $ 6–3.101 General requirements for ne

required. gotiation outside the United States. (a) F&D made under the following (a) Procurement by negotiation may

sections of this title are to be prepared be effected under any of authorities and

for the signature of the Deputy Under circumstances permitting negotiation in Secretary of State for Administration FPR 1-3.2.

and submitted for review through the

or

Chief, Supply and Transportation Sery- procured and, except for class determiices Division:

nations, the estimated cost including, (1) Experimental, developmental, or when applicabie, statement of the fee. research work in excess of $25,000 under The findings shall include all facts which FPR 1-3.211.

are relevant to the determination or de(2) Purchase not to be publicly dis- terminations being made. The extent closed for reasons of national security of competition and potential sources under FPR 1-3.212.

shall be shown or, if no competition is (3) Technical equipment requiring intended, the basis for the decision. The standardization and interchangeability

reasons for selecting a particular method of parts under FPR 1-3.213.

of contracting must be explained. (b) F&D made under the following

(b) The determination or determinasections of this title are to be prepared

tions must be a clear and concise statefor the signature of the Chief, Supply ment of the decision reached and must and Transportation Services Division: clearly identify the specific individual (1) Experimental, developmental, or

purchase or contract. research work not exceeding $25,000 un

(c) Class determinations may be made der FPR 1-3.211.

for a period not in excess of 6 years and (2) The use of a cost, cost-plus-a

shall be reviewed annually. fixed-fee, incentive-type contract (31 F.R. 6624, May 4, 1966) outside the United States under FPR 86-3.308 Preservation of data. 1-3.405–1. (c) Authority to make F&D under the

(a) The original of class F&D under following sections of this title is dele- 6–3.302(a) (3) will be retained by the gated to the contracting officers and shall Chief, Supply and Transportation Serybe executed by such contracting officers

ices Division with facsimile copies to the within the contracting authority dele- preparing office and contracting officer. gated to them:

(b) The originals of all other F&D (1) National emergency under FPR with supporting documents shall be filed 1-3.201.

in the procurement office contract file. (2) Public exigency under FPR 1- Overseas posts shall file one copy of the 3.202.

F&D with the General Accounting Office (3) Impracticable to secure competi- copy of the contract. tion by formal advertising under FPR

[31 F.R. 6624, May 4, 1966) 1-3.210.

(4) The rejection of all bids and negotiation after advertising under FPR 1

Subpart 6-3.4Types of Contracts 3.214.

§ 6–3.405–3 Letter contract. (5) The use of a cost, cost-plus-a

(a) Prior to the execution of a letter fixed-fee, or incentive-type contract

contract (FPR 1-3.405–3), the Chief, within the United States under FPR

Supply and Transportation Services 1-3.405–1.

Division, or, in the case of oversea posts, (6) The estimated cost and fees to

the Principal Officer of the post, shall be paid under a cost-plus-a-fixed-fee

determine in writing that no other type contract as required by FPR 1-3.302(a).

of contract is suitable. The determina(7) The authorization and approval of

tion shall establish the limit of effectiveadvance payments under FPR 1-30.405

ness of the letter contract; i.e., the date and unusual progress payments under

by which the definitive contract will be 1-30.505(a).

entered into. This date shall not be (8) The waiving of the requirement

more than 90 days from the date of the for submission of cost and pricing data

letter contract or the completion of 25 under FPR 1–3.807–3(b) (2) and waiving percent of the production of the supplies the use of the clauses in FPR 1-3.814-1

or the performance of the work called through 1-3.814-3.

for under the contract, whichever occurs

first. [31 F.R. 6623, May 4, 1966)

(b) The maximum liability under a $ 6–3.305 Form and requirements of de- letter contract shall not exceed 50 perterminations and findings.

cent of the total estimated contract (a) Each F&D shall include a descrip

price. tion of the property or services being

(31 F.R. 6624, May 4, 1966)

ments.

Subpart 6–3.6—Small Purchases $ 6–3.606 Blanket purchase arrange§ 6–3.604 Imprest funds (petty cash) method.

$ 6–3.606-5 Agency implementation § 6–3.604—3 Agency responsibilities.

under FPR 1-3.606-5. Regulations of the Department re

(a) Blanket purchase arrangements garding accounting for imprest funds

for open market transactions shall not (operating cash advances) by posts

exceed 6 months and the total amount abroad are contained in 4 FAM.

shall not exceed $2,500.

(b) Blanket purchase arrangements $ 6–3.605 Order-Invoice-Voucher.

made under existing contracts may be

made for the period of the contract and $ 6–3.605–50 Foreign Service Forms

are not restricted as to dollar amount 455 and 455a.

except that they may not exceed any

dollar limitations contained in the con(a) Prescribed forms. Foreign Sery

tract. ice Form 455 (Purchase Order, Receiv

(c) Contracting Officers may delegate ing Report and Voucher) and Foreign

authority to subordinates and to other Service Form 455a (Purchase Order, Re

individuals and offices to obtain supplies ceiving Report and Voucher, Continua

and services under blanket purchase artion Sheet), provide in one set of forms

rangements. Such delegations will be in a purchase or delivery order, receiving

writing and will define the scope and report, and public voucher, with requisite

limitations of the authority. The desigspace for purchase data, and budget, ac

nated individual or office will be incounting, and voucher payment data.

structed on the use of the blanket purThese forms are prescribed for use by

chase arrangement including the method posts outside the United States:

and procedures to be followed in obtain(1) As a purchase order for small

ing, paying and accounting for supplies. purchases.

The vendor shall be informed of the in(2) As a purchase order or delivery

dividuals or offices authorized to obtain order against an established contract.

supplies or services. (3) As a delivery order against a

(30 F.R. 7247, May 29, 1965, as amended at blanket purchase order in accordance

31 F.R. 10193, July 28, 1966) with section 1-3.606. (4) As a voucher for small purchases

Subpart 6–3.8—Price Negotiation from imprest funds when a voucher is

Policies and Techniques required under regulations of the De

§ 6–3.814 Contract clauses. partment.

(b) Procedure. Foreign Service Requests for waivers from the incluForms 455 and 455a shall be prepared sion of the clauses in contracts with as prescribed thereon whenever appli- foreign governments or agencies thereof cable to the procurement involved. The shall be submitted with complete justidescription of the articles of services shall fication to the Chief, Supply and Transcomply with section 1-1.307. Regula- portation Services Division, in accordtions of the Department regarding the

ance with FPR 1-3.814–1(c), 1-3.814-2 receiving report and public voucher por

(d), and 1-3.814-3(c). tions are contained in 4 FAM 400.

[31 F.R. 6624, May 4, 1966]

PART 6—5—SPECIAL AND DIRECTED data. The procuring post shall notify SOURCES

the requesting post of the dollar cost so

that any remainder of the obligation Subpart 6-5.50—Special and Directed Sources of may be liquidated.

Supply Sec.

§ 6–5.5004 Federal Supply Schedule 6-5.5000 Scope.

contracts. 6-5.5001 Motorized transportation equip

§ 6–5.5004–1 General. ment. 6-5.5002 Mandatory source items.

Federal Supply Schedule contracts are 6-5.5003 Procurement for other posts. indefinite quantity type contracts for 6-5.5004 Federal Supply Schedule con

numerous types of supplies and services tracts.

which do not lend themselves to definite 6-5.5004-1 General, 6–5.5004–2 Applicability.

quantity consolidated buying or dis6–5.5004–3. Availability.

tribution from GSA stores stock. The 6–5.5004-4 Procedure for central supply

contractors are obligated, with certain posts.

exceptions, to deliver for a definite period

stated in the Schedule all supplies and AUTHORITY: The provisions of this part 6–5 issued under 63 Stat. 111; 5 U.S.C. 151c,

services ordered under the contracts. 22 U.S.C. 811.

Most contracts have stated minimum and

maximum order limitations and provide SOURCE: The provisions of this part 6–5 contained in Dept. Reg. 108.510, 29 F.R. 12072,

for delivery only within the 48 contiguous Aug. 25, 1964.

States and the District of Columbia. Subpart 6–5.50—Special and Directed $6–5.5004—2 Applicability. Sources of Supply

Purchasing activities of the Depart

ment are required to procure supplies $ 6–5.5000 Scope.

and services covered by Mandatory FedThis Subpart 6-5.50 prescribes certain eral Supply Schedules except that use of mandatory and optional sources of sup- these schedules is not mandatory for ply for overseas posts.

overseas posts nor is it required for any § 6–5.5001 Motorized transportation

procurements inside the United States

for use outside the United States. equipment.

(See

§ 6–1.302-1.) Motorized transportation equipment such as, but not limited to, automobiles, trucks, jeeps, and boats shall not be

$ 6-5.5004—3 Availability. procured without the prior approval of The Federal Supply Schedule Checkthe Department. Requests for approval list and Guide and needed Federal Supalong with justification shall be sub- ply Schedules and contractors' catalogs mitted to OPR/ST.

and price lists may be obtained by sub[31 F.R. 6624, May 4, 1966]

mitting GSA Form 457, Request for § 6-5.5002 Mandatory source items.

Federal Supply Schedules and Contrac

tors' catalogs to General Services AdminRegional supply center catalogs and istration, Federal Supply Service, NaDepartmental directives specify certain tional Buying Division, Washington, D.C. mandatory sources for such items as calendars, office machines, Foreign Serv

$ 6–5.5004–4 Procedure for central supice specialty items, high value items,

ply posts. technical and complex equipment, medi

(a) Procurement period. Purchases cal supplies and items stocked by GSA may be made at any time during the regional stores depots.

period of the contract. Purchase orders

must, however, reach the contractor be§ 6–5.5003 Procurement for other posts.

fore the expiration date of the contract. Central and constituent supply posts (b) Prescribed forms. Foreign Servare authorized to procure supplies and ice Form 455 (Purchase Order, Receiving services requested by other posts. The Report and Voucher) and Foreign Servrequesting post may obtain availability ice Form 455a (Purchase Order, Receivand price information from the procur- ing Report and Voucher, Continuation ing post. The procurement request must Sheet) shall be used to make purchases be obligated and cite the appropriate ob- under Federal Supply Schedules. These ligation, appropriation and allotment forms are illustrated in Subpart 6–16.9.

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