Bec. 19-3.604-6 Procurement and payment. 19-3.605 Purchase order forms. 19-3.605-3 Agency order forms. 19-3.606 Blanket purchase arrangements. 19-3.606-5 Agency implementation. AUTHORITY: The provisions of this Part 19-3 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486(c). SOURCE: The provisions of this Part 19-3 appear at 31 F.R. 10793, Aug. 13, 1966, unless otherwise noted. Subpart 19-3.1-Use of Negotiation § 19-3.150 Selection of sources. In the selection of sources for requests for proposals, procurement personnel will use the bidders mailing lists to the fullest extent and will be guided by § 2.205 of this chapter. Subpart 19-3.3-Determinations, Findings, and Authorities § 19-3.305 Form and requirements of determinations and findings. (a) The form of determinations and findings is not prescribed beyond the requirements in § 1-3.305 of this title except that they must all be in writing and signed by an Agency official. Any determination and findings signed by an official other than the Contracting Officer will be initialed by the Contracting Officer when inserted in a contract file as a supporting document. Subpart 19-3.4-Types of Contracts § 19-3.405 Cost-reimbursement type contracts. § 19-3.405-5 Cost-plus-a-fixed-fee con tract. (a) and (b) [Reserved] (c) Limitations. (1) The "estimated cost of the contract, exclusive of the fee, as determined by the Agency head," required by section 304 (b) of the Act (41 U.S.C. 254(b)), will be prepared in writing for signature by the Chief, Contract and Procurement Division. (2) Indirect or overhead costs, in costplus-a-fixed-fee contracts, which are calculated as a stipulated percentage of direct labor or other costs, are prohibited except where there is a provision for a subsequent adjustment to the actual indirect costs. § 19-3.406 Other types of contracts. § 19-3.406-1 Time and materials con tract. (a) and (b) [Reserved] (c) Limitations. The determination, that no other type of contract will suitably serve, will be made in a memorandum with supporting findings for the contract file and signed by the Contracting Officer. § 19-3.408 Letter contract, (a) and (b) [Reserved] (c) Limitations. (1) The determination, that no other type of contract is suitable, will be made in a memorandum with supporting findings for the contract file and signed by the Chief of the Contract and Procurement Division. (2) [Reserved] (3) A letter contract should be superseded by a definitive contract within 3 months of the effective date of the letter contract. Any extension beyond 3 months must be approved by the Chief of the Contract and Procurement Division. (4) The maximum liability of the Government under a letter contract shall not exceed 50 percent of the total estimated cost of the project or procurement as established by the head of the Agency, except upon a written determination with supporting findings, signed by the Chief of the Contract and Procurement Division, that it is in the best interest of the Government. Oral contracts may be made by an authorized Agency Contracting Officer only, in cases of unusual urgency where delivery of a letter contract is not possible, if the agreement would otherwise be a valid written contract. The oral agreement must be reduced to writing as soon as possible and will be subject to the same Agency process of clearances and approvals as any other written contract. The exercise of this authority must be justified in a memorandum for the Chief of the Contract and Procurement Division, and a copy of the memorandum will be placed in the contract file. Subpart 19-3.6-Small Purchases § 19-3.602 Policy. Agency procurement personnel will be guided by Subchapter E of the Federal Property Management RegulationsSupply and Procurement-Parts 101-25 (a) Small purchases utilizing imprest funds may be made only by employees authorized by the Chief of the Contract and Procurement Division in a written redelegation of this specific type of procurement authority. (b) The cost of cash purchases must be kept within reasonable bounds by ordinary shopping procedures of price comparison (competition), and the buyer must take advantage of any obtainable discounts. § 19-3.605 Purchase order forms. § 19-3.605-3 Agency order forms. Where Standard Forms 147 and 148 are not appropriate, Agency order forms prescribed in Subpart 16-3 of this chapter shall be used. § 19--3.606 Blanket purchase arrange ments. § 19-3.606-5 Agency implementation. (a) The use of limited charge accounts, for all Agency offices and installations having responsibility for maintaining their own supply points, is a preferred Agency procedure. Blanket purchase arrangements will be made and the necessary procurement authority redelegated by the Chief of the Contract and Procurement Division when offices which provide their own supplies can make numerous purchases of a wide variety of regularly needed items from local vendors. (b) Blanket purchase arrangements will be in writing, signed by both the vendor and an official of the Agency office concerned, and filed with the appropriate paying office. The writing may be in the form of simple offer and acceptance letter and will ordinarily cover the vendor's complete line of merchandise or services available at his published list prices less any obtainable discounts, limited in time to one calendar quarter and in amount by $2,500 or less. More than one arrangement may be advisable where the volume of purchases warrants such competitive arrangements. Charge tickets will be made for each order and delivered to the responsible office with receipt of the goods indicated thereon by the receiving office. Monthly invoices will be compared by the responsible office with delivery receipts prior to certification for payment. Unreasonable cost or inconsistency with the public interest. Excepted articles, materials, and supplies. Subpart 19-6.50-Other Price Differentials 19-6.5001 General. AUTHORITY: The provisions of this Part 19-6 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c). SOURCE: The provisions of this Part 19-6 appear at 31 F.R. 10794, Aug. 13, 1966, unless otherwise noted. Subpart 19-6.1-Buy American ActSupply and Service Contracts determination will be included in the contract file. § 19-6.105 Excepted articles, materials, and supplies. Contracting Officers are authorized to make determinations of nonavailability (see § 1-6.103-2 of this title), both prior to entering into contracts and in the course of contract administration, provided that in the latter case the Government receives adequate consideration. A copy of each determination will be included in the contract file. Subpart 19-6.50-Other Price § 19-6.5001 General. (a) Agency policy for procurement from foreign sources for use outside the United States requires the application of price differentials favoring materials and equipment produced in the United States. The individual requests for proposals or invitations for bids will indicate the extent of applicable differentials. (b) The Agency will, to the maximum extent consistent with effective discharge of its program responsibilities, forgo or postpone the purchase of materials and equipment which are not obtainable as domestic source end products (as defined in § 1-6.101 (d) of this title), or the award of contracts for nonpersonal services (including construction) to other than U.S. citizens or firms which are more than 50 percent owned by U.S. citizens, except where payment may be made with excess foreign currencies (as designated by the Treasury Department) at no greater cost than corresponding domestic source end products or contracts with U.S. citizens or firms more than 50 percent owned by U.S. citizens. PART 19-15-CONTRACT COST PRINCIPLES AND PROCEDURES Subpart 19-15.50-Cost Principles and Procedures Sec. 19-15.5000 Cost-reimbursed air travel. 19-15.5000-1 Use of American and foreign airlines. AUTHORITY: The provisions of this Subpart 19-15.50 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c). SOURCE: The provisions of this Subpart 1915.50 appear at 31 F.R. 10794, Aug. 13, 1966, unless otherwise noted. § 19-15.5000 Cost-reimbursed air travel. It is the policy of the Agency to require the use of less than first-class air accommodations for all cost-reimbursed travel, except when less than first-class accommodations are not reasonably available to meet necessary mission requirements. For example, less than firstclass accommodations are considered not reasonably available where less than first-class accommodations would: (a) Increase the duration of a flight (one way) by 25 percent or more; (b) Increase the total elapsed travel time of a trip by 25 percent or more; (c) Require flights on regular commercial routes in excess of 14 hours, including scheduled stopovers of less than 8 hours, without a 24-hour interruption of the trip for rest; (d) Result in additional costs which would offset the transportation savings; (e) Offer accommodations which are not adequate for the medical needs of the traveler. The term "less than first-class," in relation to air travel accommodations, means all categories for which the cost to the Government is less than for firstclass accommodations. The difference in cost between first-class air accommodations and less than first-class accommodations is an unallowable cost except as provided for in this section. § 19-15.5000-1 Use of American and foreign airlines. It is the policy of the Agency to require the use of American flag airlines for all cost-reimbursed air travel except when travel on American flag airlines is not reasonably available. For example, travel on American flag airlines is not considered reasonably available when: (a) There is no regularly scheduled American flag airline between authorized points of origin and destination; or (b) To use a combination of foreign and American flag airlines would inincrease costs over costs on only foreign lines (including reimbursement for traveler's time) by 50 percent or more; or (c) Travel by an American flag airline could not be performed in time to carry out the mission to be performed. AUTHORITY: The provisions of this Part 1916 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486(c). SOURCE: The provisions of this Part 19-16 appear at 35 F.R. 19017, Dec. 16, 1970, unless otherwise noted. Subpart 19-16.1-Forms for § 19-16.102 Award documents. (a) Standard Form 26 shall be used as the Agency's award document whenever Standard Form 33 is used. The award section of Standard Form 33 shall be left blank and its heading obliterated. (b) When a narrative type contract is authorized the signature page shall The provisions of Agency Form, IA332, Supplemental General Provisions are prescribed for use in all supply contracts in addition to the provisions of Standard Form 32. Form IA-332 should also be used with Standard Form 32 for service contracts when appropriate. Subpart 19-16.5-Forms for Advertised and Negotiated Nonpersonal Service Contracts (Other Than Construction) § 19-16.501 Contract forms. The forms prescribed in §§ 1-16.101 and 1-16.201 of this title for advertised and negotiated supply contracts shall be used for advertised and negotiated nonpersonal service contracts (other than construction, grant agreements, and small purchases). Narrative type contracts for nonpersonal service contracts shall be used only upon approval of the format by the Agency Contracting Officer. Subpart 19-16.8-Miscellaneous § 19-16.802 Bidder's mailing list appli cation. Whenever a Standard Form 129 is furnished to a prospective bidder, a copy of Agency Form IA-407, Bidder's Commodity and Service Code List shall also be furnished to the applicant. A copy of both forms shall be completed by the applicant and returned to the Agency. § 19-16.850 Other agency forms. The forms listed in this § 19-16.850 shall be used in compliance with directives of the applicable regulatory agencies of the Government and in accordance with Chapter 1 of this title. § 19-16.851 Department of Labor forms. The following forms, posters and letter posters, shall be furnished contractors in accordance with referenced regulations. Agency transmittal letter IAL905 is prescribed for this purpose. ter (Walsh § 19-16.851-1 Department of Labor letand poster, PC-13 Healey Public Contracts Act). PC-13, Department of Labor letter and poster, shall be furnished contractors, performing contract work subject to the Walsh-Healey Public Contracts Act, in accordance with § 1-12.604 (b) of this title. § 19-16.851-2 Department of Labor form, PC-16 (Walsh-Healey Public Contracts Act). PC-16, Department of Labor form, shall be furnished to contractors, performing contract work subject to the Walsh-Healey Public Contracts Act in accordance with § 1-12.604 (c) of this title. § 19-16.851-3 Department of Labor form, SF-99, Notice of Award of Contract. Standard Form 99, Notice of Award of Contract, shall be prepared and submitted to the Department of Labor, Wage and Hour and Public Contracts Division, when contract is subject to the WalshHealey Public Contracts Act in accordance with § 1-12.604(d) of this title or subject to the Service Contract Act of 1965 and the provisions of the Fair Labor Standards Act of 1938, in accordance with § 1-12.905-6 of this title. § 19-16.851-4 Secretary of Labor poster, Equal Opportunity is the Law. Equal Opportunity is the Law, a Secretary of Labor Notice, shall be furnished contractors, subject to Executive Order No. 11246, Executive Order No. 11375 and the rules and regulations of the Secretary of Labor, in accordance with § 1-12.805.3 of this title. § 19-16.851-5 Department of Labor form, SC-1 Notice to Employees Working on Government Service Contracts. SC-1, Department of Labor form, shall be furnished contractors performing contract work subject to the Service Contract Act of 1965, in accordance with § 1-12.905-1 of this title. § 19–16.860–1 Supplemental General Provisions, IA-332. Supplemental General Provisions, IA332, shall be used in contracts which incorporate Standard Form 32, in accordance with § 19-16.104. § 19-16.860-2 Requisition-Purchase Order-Invoice for Professional Services, IA-44. Form IA-44 is prescribed for use by media purchasing activities for the procurement of professional (talent vendor) services related to the translation or narration of colloquial speech in foreign languages. Clearances of vendors in accordance with Section 430, Part VIII, Manual of Operation and Administration shall be obtained prior to procuring such services. § 19–16.860–3 Memorandum of Loan, IA-431. Form IA-431 is prescribed for use to obtain the loan of items from private owners, business firms, and nonprofit institutions for use in the Agency's exhibit program. Sec. PART 19-60-DISPUTES AND APPEALS 19-60.000 Scope of part. Subpart 19-60.1-Disputes 19-60.100 Scope of subpart. 19-60.101 General. |