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CHAPTER 6-DEPARTMENT OF STATE

Part
6-1 General.
6-2

Procurement by formal advertising.
6-3 Procurement by negotiation.
6-5

Special and directed sources. 6-6 Foreign purchases. 6-7 Contract clauses. 6-11 Federal, State, and local taxes. 6–30 Contract financing. 6-60 Contract appeal regulations. 6–75 Delegations of procurement authority.

PART 6-1-GENERAL

Subpart 6-1.1- Introduction Sec. 6-1.101 Scope of subpart. 6–1.102 Purpose. 6-1.103 Authority. 6-1.104 Applicability. 6-1.105 Exclusions. 6-1.106 Issuance. 6-1.107 Arrangement. 6–1.107-1 General plan. 6–1.107–2 Numbering. 6-1.107-3 Citation. 6–1.108 Relationship of the DOSPR, FPR,

and IAPR. 6-1.109 Control of deviations.

Subpart 6-1.2-Definition of Terms 6–1.201 Definitions. 6–1.250 Government. 6–1.251 Department. 6–1.252 Post. 6-1.253 Local procurement. 6–1.254 Third country procurement. 6–1.255 Central supply post. 6–1.256 Constituent supply post. 6-1.257 Supplies. 6–1.258 Services.

Subpart 6-1.3-General Policies 6-1.302 Procurement sources. 6-1.302-1 General. 6–1.302–3 Procurement from employees of

the Government. 6–1.350 Procurement by Posts within the

United States. 6-1.351 Numbering contracts, 6–1.351-1 Policy. 6–1.351-2 Contract register. 6–1.351-3 Numbering. 6–1.351-4 Contract file. 6-1.352 Distribution of numbered con

tracts. 6–1.352-1 Definition. 6–1.352-2 Distribution. 6-1.353 English language translations. 6–1.354 Procurement from employees of

the Government: Subpart 6–1.6-Debarred and Ineligible Bidders 6–1.601 Purpose. 6–1.602 Department of State procedure for

administrative debarment.

Subpart 6-1.1- Introduction 86-1.101 Scope of subpart.

This subpart describes the Department of State Procurement Regulations in terms of establishment, relationship to the Federal Procurement Regulations (FPR), arrangement, applicability, and deviation procedure. Procurement procedures are integrated with the regulations so as to provide a complete, logical and comprehensive publication. 86-1.102 Purpose.

This subpart establishes the Department of State Procurement Regulations (DOSPR) as Chapter 6 of the Federal Procurement Regulations System. $ 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. 86-1.104 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 vice. 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. [29 F.R. 12070, Aug. 25, 1964, as amended at 31 F.R. 10193, July 28, 1966) § 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.

Subpart 6–1.8–Labor Surplus Area Concerns 6–1.800 Scope of subpart. Subpart 6-1.9-Reporting Possible Antitrust

Violations 6-1.901 General.

AUTHORITY: The provisions of this part 6-1 issued under 63 Stat. 111, 377, as amended; 5 U.S.C. 1510, 41 U.S.C. 201 note.

SOURCE: The provisions of this part 6-1 appear in Dept. Reg. 108.497, 28 F.R. 7779, July 31, 1963, unless otherwise noted.

(c) Policy or procedure which is being 86-1.108 Relationship of the DOSPR, instituted on an experimental basis for FPR, and IAPR. a reasonable period.

(a) The regulations in the DOSPR [Redesignated, 31 F.R. 10193, July 28, 1966)

implement, supplement, and in some in$ 6-1.106 Issuance.

stances deviate from the FPR. ImpleRegulations contained in the DOSPR

menting material is that which expands deemed necessary for business concerns,

upon or indicates the manner of comand others properly interested, to under

pliance with related FPR material. Destand basic and significant Department viating material is defined in § 1-1.009.

Supplementing of State procurement policies are pub

material is that for lished in the Code of Federal Regulations

which there is no counterpart in the (CFR) as Chapter 6 of Title 41, Public

FPR. Contracts, and are published in issues of

(b) The FPR as edited for the Forthe FEDERAL REGISTER and in separate

eign Service and the DOSPR have been loose-leaf volume form.

adopted in general for use by the U.S.

Information Service. They are to be (Redesignated, 31 F.R. 10193, July 28, 1966)

used with the U.S. Information Agency § 6-1.107 Arrangement.

Regulations (IAPR) which implement, (Redesignated, 31 F.R. 10193, July 28, 1966) supplement and deviate from the FPR$ 6-1.107-1 General plan.

DOSPR. Chapter 19A of IAPR applies

only to overseas procurement of USIA. The DOSPR conform with the style

[31 F.R. 10193, July 28, 1966) and arrangement of the FPR. (Redesignated, 31 F.R. 10193, July 28, 1966) $ 6–1.107–2 Numbering.

$ 6–1.109 Control of deviations. Material in the DOSPR which implements or deviates from related material

In the interest of establishing and in the FPR is captioned and numbered

maintaining uniformity to the greatest to correspond with such material in the

extent feasible, deviations from the FPR FPR, except that while the first digit of

System shall be kept to a minimum and the FPR number is 1, the first digit of

controlled as follows: the DOSPR number is 6. Material in

(a) Requests for deviations from the the DOSPR which supplements the FPR

FPR and from the DOSPR, in individual will be assigned numbers 50 or above at

cases and in classes of cases, shall be the part, subpart, section, or subsection

submitted by memorandum. A stateat which there is no counterpart ma.

ment setting forth the nature of the terial in the FPR. For an example, see

deviation and the reasons for the special section 6–1.350. Where material in the

action sought shall be included with the FPR requires no implementation or devi

request, and a copy thereof shall be ination there is no corresponding number

cluded in the contract file. in the DOSPR. Thus, there are gaps in

(b) Deviations from the FPR and the the DOSPR sequence of numbers where

DOSPR in individual cases, and from the the FPR as written are applicable to

DOSPR, in classes of cases, may be auDepartment of State procurement.

thorized by the Chief, Supply and Trans(Redesignated, 31 F.R. 10193, July 28, 1966)

portation Services Division or his desig

nee, or, in foreign buildings procure§ 6-1.107–3 Citation.

ment operations, by the Director, Office The DOSPR will be cited in the same

of Foreign Buildings or his designee. manner as the FPR are cited. Thus, this

(c) Deviations from the FPR in classes section, when referred to in divisions of

of cases will be considered jointly by the the FPR System, should be cited as "sec

Department of State and the General tion 6–1.108–3 of this chapter.” When Services Administration (GSA) unless this section is referred to formally in circumstances preclude such effort. In official documents, such as legal briefs, such case, the Chief, Division of Supply it should be cited as “41 CFR 6–1.108–3." and Transportation Services or the DiAny section of the DOSPR may be in- rector, Office of Foreign Buildings, as formally identified, for purposes of brev- appropriate, will approve such class deity, as “DOSPR” followed by the section viations as he determines necessary and number, such as “DOSPR 6–1.108–3." will notify GSA of such action. (Redesignated, 31 F.R. 10193, July 28, 1966) (31 F.R. 6622, May 4, 1966)

Subpart 6–1.2—Definition of Terms $ 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 specifically 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. § 6–1.255 Central supply post.

“Central supply post” means a post designated to:

(a) Assist and supervise constituent supply posts in the acquisition of personal property and nonpersonal services, and/or

(b) Accomplish its own acquisition of personal property and nonpersonal services without supervision in connection therewith from another post. 8 6–1.256 Constituent supply post.

"Constituent supply post” means any post other than a central supply post. § 6–1.257 Supplies.

“Supplies" means personal property, including equipment. § 6–1.258 Services.

“Services” means nonpersonal services.

Subpart 6–1.3—General Policies

$ 6–1.350 Procurement by Posts within $ 6–1.302 Procurement sources.

the United States.

(a) Posts are authorized to make di$ 6–1.302–1 General.

rect procurement from both commercial (a) Use of the Federal Prison Indus- and governmental sources within the tries as a source of supply is not re

United States. Procurement from conquired in connection with supplies which

tracts of Government agencies (such as are both procured and used outside the Federal Supply Schedules and Supply United States. In addition, pursuant to Schedules of the Department of State) Federal Prison Industries clearance may be made without dollar limitation number C-99360 use of the Federal Pris- except for any maximum order limitation on Industries as a source of supply is

which may be included in the contract or not required in connection with supplies schedule. Purchases may be made direct which are procured inside the United

from commercial sources within the States by posts for use outside the United United States when the aggregate States where the aggregate amount in

amount of a single transaction (includvolved in a transaction does not exceed ing cost of item, packing, freight and $2,500. Use of the other sources of supply related costs) does not exceed $2,500. referred to in § 1-1.302–1(a) is not re

(b) Procurements under paragraph quired in connection with supplies which

(a) of this section are subject to the limiare procured either inside or outside the tations of Part 6–5—Special and Directed United States for use outside the United Sources of Supply, of this chapter. States.

(30 F.R. 7247, May 29, 1965) (b) Notwithstanding $ 6–1.302–1(a), in

§ 6–1.351 Numbering contracts. obtaining supplies or services to be

(30 F.R. 7247, May 29, 1965) used outside the United States the sources of supply listed in § 1-1.302–1(a) shall be used wherever, in the judgment of the procurement officer, requirements 6–1.351-1 Policy. can be met satisfactorily on a timely basis by using such sources and the use

Expenditure and sales contracts reof these sources is prudent and otherwise quired to be numbered are: in the national interest.

(a) Formally advertised contracts.

(b) Negotiated contracts in excess of [29 F.R. 12070, Aug. 25, 1964)

$2,500. 86–1.302–3 Procurement from employ- (c) Construction contracts. ees of the Government.

(d) All other contracts involving more No procurement of supplies, equip- than one payment or collection regardment or services may be made from any less of amount. employee of the Government through (30 F.R. 7247, May 29, 1965) contract, pu ase order or any other method of procurement, except where a service or product is not otherwise obtainable and such a determination is $ 6–1.351-2 Contract register. made in writing by the principal officer Registers of numbered contracts will or the Chief, Supply and Transportation be established and maintained by conServices Division and retained as a part tract number, contractor, commodity and of the procurement file.

period of time on a continuing basis. (31 F.R. 6623, May 4, 1966)

[30 F.R. 7247, May 29, 1965)

66-090 0-67-2

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