[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Rules and Regulations]
[Pages 39661-39663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18900]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
Office of the Procurement Executive
48 CFR Parts 601, 602, 605, 606, 609, 610, 613, 616, 619, 625, 636,
637, and 653
[Public Notice 2231]
Department of State Acquisition Regulation (DOSAR); Simplified
Acquisition Threshold
AGENCY: Office of the Procurement Executive, Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Department of State Acquisition
Regulation (DOSAR) to reflect changes with respect to the change in the
simplified acquisition threshold as outlined in the FAC 90-29. The rule
also makes changes in Commerce Business Daily synopsis requirements for
overseas contracting activities. Finally, the rule makes several
technical corrections.
EFFECTIVE DATE: July 3, 1995.
FOR FURTHER INFORMATION CONTACT:
Gladys Gines, Senior Procurement Analyst, Department of State, Office
of the Procurement Executive, 2201 C Street NW, Suite 603, State Annex
Number 6, Washington, DC 20522-0602, telephone (703) 516-1691. This is
not a toll-free number.
SUPPLEMENTARY INFORMATION:
I. Background
On July 3, 1995, FAC 90-29 became effective. The changes contained
therein dealt with implementation of the Federal Acquisition Computer
Network (FACNET) and simplified acquisition requirements of the Federal
Acquisition Streamlining Act of 1994, Pub. L. 103-55. The changes
published today focus only on the simplified acquisition threshold
revisions of FAC 90-29. They are editorial in nature.
In addition, DOSAR 605.202-70 is being revised to reflect a
recently authorized deviation from FAR requirements for certain
Commerce Business Daily (CBD) synopses for the Department's foreign
acquisitions awarded by overseas contracting activities, other than
local guard service contracts.
The Department has determined that this document need not be
published as a proposed rule. The rule generally makes only editorial
and technical revisions to the current DOSAR. The deviation from CBD
notice requirements for overseas contracting activities was approved by
the Office of Federal Procurement Policy and the Small Business
Administration, as required by FAR 5.202(b).
II. Impact
The Department of State certifies that this regulation will not
have a significant impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
III. Paperwork Reduction Act
There are no additional information collection requirements
associated with this rule. All information collection requirements
associated with acquisition were approved under the Paperwork Reduction
Act of 1980 by OMB and were assigned control number 1405-0050.
List of Subjects in 48 CFR Parts 601, 602, 605, 606, 609, 610, 613,
616, 619, 625, 636, 637, and 653
Government procurement, Department of State Acquisition Regulation
(DOSAR).
[[Page 39662]]
Accordingly, title 48, chapter 6 of the Code of Federal Regulations
is amended as follows:
1. The authority citation for 48 CFR Parts 601, 602, 605, 606, 609,
610, 613, 616, 619, 625, 636, 637, and 653 continues to reads as
follows:
Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
SUBCHAPTER A--GENERAL
PART 601--DEPARTMENT OF STATE ACQUISITION REGULATION
Subpart 601.6--Career Management, Contracting Authority, and
Responsibilities
2. The title of Subpart 601.6 is revised to read as set forth
above.
601.603-70 [Amended]
3. Section 601.603-70 is amended in paragraph (b)(5) by removing
the phrase ``Bureau of Refugee Programs'' and inserting ``Bureau of
Population, Refugees, and Migration'' in its place.
4. Section 601.603-70 is amended in paragraph (b)(6) by removing
the phrase ``Bureau of International Narcotics Matters'' and inserting
``Bureau of International Narcotics and Law Enforcement Affairs'' in
its place.
PART 602--DEFINITIONS OF WORDS AND TERMS
Subpart 602.1--Definitions
602.101-70 [Amended]
5. In section 602.101-70, the definition of ``Despatch Agency'' is
amended in the last sentence by removing the words ``San Francisco,
California;''.
SUBCHAPTER B--COMPETITION AND ACQUISITION PLANNING
PART 605--PUBLICIZING CONTRACT ACTIONS
Subpart 605.2--Synopsis of Proposed Contract Actions
6. Section 605.202-70 is revised to read as follows:
605.202 Exceptions.
605.202-70 Foreign acquisitions.
(a) Policy. In accordance with a Determination and Findings issued
by the Assistant Secretary of State for Administration, the requirement
for advance CBD notices for the Department's foreign acquisitions
awarded by overseas contracting activities is waived. CBD notices may
be published for any acquisition where the contracting officer decides
that publication would be in the Department's best interests. This
waiver shall remain in effect until June 15, 1998.
(b) Procedures. Contracting officers at overseas contracting
activities are not required to prepare an individual determination and
findings to document their decision to waive the CBD notice
requirements.
(c) Competition requirements. Nothing in this section waives the
requirement to obtain competition as required by FAR part 6 and DOSAR
(48 CFR) part 606. Competition, including the use of written
solicitation, shall be obtained in all cases to the extent feasible. If
there are known U.S. firms or firms with U.S. affiliations in local
residence capable of supplying the required supplies or services, the
contracting activity shall ensure that those firms are included in the
source list for the acquisition.
(d) Policy exclusion. CBD waiver authority does not apply to local
guard service contracts that exceed $250,000. Local guard service
contracts that exceed $250,000 shall be synopsized in the CBD. Option
year prices shall be included when computing the applicability of this
threshold.
PART 606--COMPETITION REQUIREMENTS
Subpart 606.5--Competition Advocates
7. Section 606.570 is revised to read as follows:
606.570 Solicitation provisions.
The contracting officer shall insert the provision at 652.206-70,
Competition Advocacy/Ombudsman, in all solicitations over the threshold
for using simplified acquisition procedures.
PART 609--CONTRACTOR QUALIFICATIONS
Subpart 609.4--Debarment, Suspension, and Ineligibility
8. Section 609.405 is amended in paragraph (d)(4)(i) by revising
the first sentence to read as follows:
609.405 Effect of listing.
* * * * *
(d) * * *
(4)(i) For procurement actions (both domestic and overseas) that do
not exceed the threshold for using simplified acquisition procedures,
contracting officers need not consult the ``List of Parties Excluded
from Procurement Programs'' prior to award. * * *
PART 610--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE
DESCRIPTIONS
610.002-70 [Amended]
9. Section 610.002-70 is amended in paragraph (d)(5)(i) by removing
the amount of ``$25,000'' and inserting ``$50,000'' in its place.
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES
PART 613--SIMPLIFIED ACQUISITION PROCEDURES
613 Heading [Amended]
10. The title of Part 613 is revised to read as set forth above.
Subpart 613.1--General
613.103-70 [Amended]
11. Section 613.103-70 is amended by removing the words ``small
purchases'' and inserting ``purchase orders'' in their place.
Subpart 613.4--Imprest Fund
613.404 [Amended]
12. Section 613.404 is redesignated as 613.403. Newly designated
613.403 is amended by removing ``FAR 13.404(a)'' and inserting ``FAR
13.403(a)'' in its place.
Subpart 613.5--Purchase Orders
13. Section 613.505-1 is revised to read as follows:
613.505 Purchase order and related forms.
613.505-1 Optional Form (OF) 347, Order for Supplies or Services, and
Optional Form 348, Order for Supplies or Services Schedule--
Continuation.
(a) The OF-347 and OF-348 shall be mandatory for use by domestic
contracting activities for issuing purchase orders and delivery orders,
unless ordering against another Federal agency contract which
stipulates a different form (e.g., DD-1155, Order for Supplies or
Services); or, unless the Procurement Executive has approved another
form. The OF-347 may also be used as a voucher.
(b) In lieu of the OF-347 and OF-348, DOS overseas contracting
activities may use the Optional Form (OF) 206, Purchase Order,
Receiving Report and Voucher, and Optional Form 206A, Continuation
Sheet (illustrated at 653.303-206 and 653.303-206A, respectively). When
using the OF-206, contracting activities may use Optional Form (OF)
127, Receiving and Inspection Report (illustrated at 653.303-127), for
that purpose.
[[Page 39663]]
613.505-2 [Removed]
14. Section 613.505-2 is removed.
15. Section 613.507, consisting of section 613.507-70, is revised
to read as follows:
613.507 Provisions and clauses.
613.507-70 DOSAR clauses.
In addition to the FAR provisions and clauses required for or
applicable to the particular acquisition, each DOS purchase order shall
incorporate all DOSAR clauses required for or applicable to the
acquisition. All such clauses shall be listed on a separate document
and attached to each copy of the purchase order. The document shall be
identified by the purchase order number and the name and address of the
contracting activity. The DOSAR clauses may be incorporated without
setting out full text.
Subpart 613.6-70--Governmentwide Commercial Purchase Card Program
16. Section 613.601-70 is amended by revising paragraph (b) to read
as follows:
613.601-70 Policy.
(a) * * *
(b) Policy. It is the Department's policy that:
(1) The purchase card shall be used in preference to other methods
of procurement (particularly BPAs) for individual purchases up to
$2,500;
(2) The purchase card shall be issued primarily to personnel
outside of the procurement office to purchase products and services up
to $2,500 quickly with a minimum of paperwork and without having to
send an individual requisition to a procurement office; and,
(3) The purchase card may be used in procurement offices for
purchases up to $25,000.
* * * * *
PART 616--TYPES OF CONTRACTS
17. Section 616.000 is added to read as follows:
616.000 Scope of part.
The contracting officer may use any of the contract types described
in FAR part 16 for acquisitions made under simplified acquisition
procedures. The contracting officer shall document his/her decision to
use a contract type in accordance with the requirements of FAR part 16.
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
PART 619--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
Subpart 619.1--General
619.20 [Amended]
18. Section 619.201 is amended in paragraph (d)(5) by removing the
word ``limitation'' and inserting the word ``threshold'' in its place
in the second sentence.
Subpart 619.5--Set Asides for Small Business
619.501 [Amended]
19. Section 619.501 is amended in paragraph (c) by removing the
words ``Small Purchase Limitation'' and inserting ``Simplified
Acquisition Threshold'' in their place.
PART 625--FOREIGN ACQUISITION
Subpart 625.7--Restrictions on Certain Foreign Purchases
20. and 21. Section 625.703 is revised to read as follows:
625.703 Exceptions.
The authority to approve exceptions for other contracts in excess
of the simplified acquisition threshold is delegated, without power of
redelegation, to the head of the contracting activity.
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
PART 636--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
Subpart 636.6--Architect-Engineer Services
636.602-5 [Amended]
22. Section 636.602-5 is amended by removing the word
``limitation'' and inserting the word ``threshold'' in its place in the
heading and the text of the section.
PART 637--SERVICE CONTRACTING
Subpart 637.1--Service Contracts--General
637.104-70 [Amended]
23. Section 637.104-70 is amended in paragraph (b) by removing the
words ``Bureau for Refugee Programs'' and inserting ``Bureau of
Population, Refugees, and Migration'' in their place.
24. Section 637.104-70 is amended in paragraph (c) by removing the
words ``Bureau for International Narcotics Matters'' and inserting
``Bureau for International Narcotics and Law Enforcement Affairs'' in
their place.
SUBCHAPTER H--CLAUSES AND FORMS
PART 653--FORMS
Subpart 653.2--Prescription of Forms
25. Section 653.213 is amended by revising the heading to read as
follows:
653.213 Simplified acquisition procedures (SF's 18, 30, 44, 1165, OF's
347, 348).
26. Section 653.213-70 is amended by revising the heading to read
as follows, and by adding the following sentence to the end of
paragraph (b):
653.213-70 DOS Forms (OF-206, OF-206A, OF-127, DST-1918, DST-1919,
DST-1920).
(a) * * *
(b) * * * The OF-127 may be used as a receiving report in
conjunction with other contract forms (e.g., SF-26, SF-33) by both
domestic and overseas contracting activities.
* * * * *
27. Section 653.219-70 is amended by revising the heading to read
as follows:
653.219-70 DOS form DS-1910, Small Business/Labor Surplus Area
Review--Actions Above the Simplified Acquisition Threshold.
Dated: July 17, 1995.
Lloyd W. Pratsch,
Procurement Executive.
[FR Doc. 95-18900 Filed 8-2-95; 8:45 am]
BILLING CODE 4710-24-M
