(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]

6-3.604

Letter contract.

Subpart 6-3.6-Small Purchases

(b) Formal advertising may be employed if its use is considered feasible and practicable under the conditions and circumstances of the procurement.

(c) Competitive solicitation shall be used to the maximum extent consistent with the procurement in accordance with FPR 1-3.101 (c) and (d).

(d) The authority to be cited on the Standard Form 1036 (Statement and Certificate of Award), or other document, in all negotiated procurement shall be the applicable section of FPR 1-3.2 except that all such procurement not in excess of $2,500 shall cite the authority of FPR 1-3.203 and procurement under FPR 1-3.215 (otherwise authorized by law) shall cite as authority the applicable law authorizing negotiation.

Subpart 6-3.2-Circumstances
Permitting Negotiation

§ 6-3.210 Impracticable to secure competition by formal advertising.

6-3.604-3 Agency responsibilities.

6-3.605

method.

Order-Invoice-Voucher.

(a) Application. (1) Section 321 of U.S.C. 65) is not applicable to procurement outside the United States except

to an oversea destination and to shipments between two points in the United States that pass through a foreign country.

(2) It is the policy of the Department not to require formal advertising in connection with procurement outside the United States, when competition by formal advertising is contrary to the locally accepted method of doing business.

Subpart 6-3.3—Determinations,
Findings, and Authorities

§ 6-3.301 Scope of subpart.

(a) Formal written findings and determinations (F&D) shall be made in accordance with Subpart 1-3.3 of Part 1-3 of this title and this subpart.

[31 F.R. 6623, May 4, 1966]

required.

(a) F&D made under the following sections of this title are to be prepared for the signature of the Deputy Under Secretary of State for Administration and submitted for review through the

(1) Experimental, developmental, or research work in excess of $25,000 under FPR 1-3.211.

(2) Purchase not to be publicly disclosed for reasons of national security under FPR 1-3.212.

(3) Technical equipment requiring standardization and interchangeability of parts under FPR 1-3.213.

(b) F&D made under the following sections of this title are to be prepared for the signature of the Chief, Supply and Transportation Services Division:

(1) Experimental, developmental, or research work not exceeding $25,000 under FPR 1-3.211.

(2) The use of a cost, cost-plus-afixed-fee, or incentive-type contract outside the United States under FPR 1-3.405-1.

(c) Authority to make F&D under the following sections of this title is delegated to the contracting officers and shall be executed by such contracting officers within the contracting authority delegated to them:

(1) National emergency under FPR 1-3.201.

(2) Public exigency under FPR 13.202.

(3) Impracticable to secure competition by formal advertising under FPR 1-3.210.

(4) The rejection of all bids and negotiation after advertising under FPR 13.214.

(5) The use of a cost, cost-plus-afixed-fee, or incentive-type contract within the United States under FPR 1-3.405-1.

(6) The estimated cost and fees to be paid under a cost-plus-a-fixed-fee contract as required by FPR 1-3.302(a).

(7) The authorization and approval of advance payments under FPR 1-30.405 and unusual progress payments under 1-30.505 (a).

(8) The waiving of the requirement for submission of cost and pricing data under FPR 1-3.807-3 (b) (2) and waiving the use of the clauses in FPR 1-3.814-1 through 1-3.814-3.

[31 F.R. 6623, May 4, 1966]

§ 6-3.305 Form and requirements of determinations and findings.

(a) Each F&D shall include a description of the property or services being

nations, the estimated cost including, when applicabie, statement of the fee. The findings shall include all facts which are relevant to the determination or determinations being made. The extent of competition and potential sources shall be shown or, if no competition is intended, the basis for the decision. The reasons for selecting a particular method of contracting must be explained.

(b) The determination or determinations must be a clear and concise statement of the decision reached and must clearly identify the specific individual purchase or contract.

(c) Class determinations may be made for a period not in excess of 6 years and shall be reviewed annually.

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

Subpart 6-3.4-Types of Contracts § 6-3.405-3 Letter contract.

(a) Prior to the execution of a letter contract (FPR 1-3.405-3), the Chief, Supply and Transportation Services Division, or, in the case of oversea posts, the Principal Officer of the post, shall determine in writing that no other type of contract is suitable. The determination shall establish the limit of effectiveness of the letter contract; i.e., the date by which the definitive contract will be entered into. This date shall not be more than 90 days from the date of the letter contract or the completion of 25 percent of the production of the supplies or the performance of the work called for under the contract, whichever occurs first.

(b) The maximum liability under a letter contract shall not exceed 50 percent of the total estimated contract price.

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

§ 6-3.605-50 Foreign Service Forms 455 and 455a.

(a) Prescribed forms. Foreign Service Form 455 (Purchase Order, Receiving Report and Voucher) and Foreign Service Form 455a (Purchase Order, Receiving Report and Voucher, Continuation Sheet), provide in one set of forms a purchase or delivery order, receiving report, and public voucher, with requisite space for purchase data, and budget, accounting, and voucher payment data. These forms are prescribed for use by posts outside the United States:

(1) As a purchase order for small purchases.

(2) As a purchase order or delivery order against an established contract.

(3) As a delivery order against a blanket purchase order in accordance with section 1-3.606.

(4) As a voucher for small purchases from imprest funds when a voucher is required under regulations of the Department.

(b) Procedure. Foreign Service Forms 455 and 455a shall be prepared as prescribed thereon whenever applicable to the procurement involved. The description of the articles of services shall comply with section 1-1.307. Regulations of the Department regarding the receiving report and public voucher portions are contained in 4 FAM 400.

§ 6-3.606-5 Agency implementation under FPR 1-3.606-5.

(a) Blanket purchase arrangements for open market transactions shall not exceed 6 months and the total amount shall not exceed $2,500.

(b) Blanket purchase arrangements made under existing contracts may be made for the period of the contract and are not restricted as to dollar amount except that they may not exceed any dollar limitations contained in the contract.

(c) Contracting Officers may delegate authority to subordinates and to other individuals and offices to obtain supplies and services under blanket purchase arrangements. Such delegations will be in writing and will define the scope and limitations of the authority. The designated individual or office will be instructed on the use of the blanket purchase arrangement including the method and procedures to be followed in obtaining, paying and accounting for supplies. The vendor shall be informed of the individuals or offices authorized to obtain supplies or services.

[30 F.R. 7247, May 29, 1965, as amended at 31 F.R. 10193, July 28, 1966]

Subpart 6-3.8-Price Negotiation Policies and Techniques

This Subpart 6-5.50 prescribes certain mandatory and optional sources of supply for overseas posts.

§ 6-5.5001 Motorized transportation equipment.

Motorized transportation equipment such as, but not limited to, automobiles, trucks, jeeps, and boats shall not be procured without the prior approval of the Department. Requests for approval along with justification shall be submitted to OPR/ST.

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

§ 6-5.5002 Mandatory source items.

Regional supply center catalogs and Departmental directives specify certain mandatory sources for such items as calendars, office machines, Foreign Service specialty items, high value items, technical and complex equipment, medical supplies and items stocked by GSA regional stores depots.

§ 6-5.5003 Procurement for other posts.

Central and constituent supply posts are authorized to procure supplies and services requested by other posts. The requesting post may obtain availability and price information from the procuring post. The procurement request must be obligated and cite the appropriate obligation, appropriation and allotment

Federal Supply Schedule contracts are indefinite quantity type contracts for numerous types of supplies and services which do not lend themselves to definite quantity consolidated buying or distribution from GSA stores stock. The contractors are obligated, with certain exceptions, to deliver for a definite period stated in the Schedule all supplies and services ordered under the contracts. Most contracts have stated minimum and maximum order limitations and provide for delivery only within the 48 contiguous States and the District of Columbia. § 6-5.5004-2 Applicability.

Purchasing activities of the Department are required to procure supplies and services covered by Mandatory Federal Supply Schedules except that use of these schedules is not mandatory for overseas posts nor is it required for any procurements inside the United States for use outside the United States. § 6-1.302-1.)

(See

The Federal Supply Schedule Checklist and Guide and needed Federal Supply Schedules and contractors' catalogs and price lists may be obtained by submitting GSA Form 457, Request for Federal Supply Schedules and Contractors' catalogs to General Services Administration, Federal Supply Service, National Buying Division, Washington, D.C. § 6-5.5004-4 Procedure for central supply posts.

(a) Procurement period. Purchases may be made at any time during the period of the contract. Purchase orders must, however, reach the contractor before the expiration date of the contract.

(b) Prescribed forms. Foreign Service Form 455 (Purchase Order, Receiving Report and Voucher) and Foreign Service Form 455a (Purchase Order, Receiving Report and Voucher, Continuation Sheet) shall be used to make purchases under Federal Supply Schedules. These forms are illustrated in Subpart 6-16.9.