94-20987. Department of State Acquisition Regulation (DOSAR)  

  • [Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-20987]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 16, 1994]
    
    
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    DEPARTMENT OF STATE
    
    Office of the Procurement Executive
    
    48 CFR Parts 601, 602, 603, 604, 605, 606, 608, 609, 610, 613, 614, 
    615, 616, 617, 619, 622, 623, 625, 627, 628, 631, 632, 633, 634, 
    636, 637, 639, 642, 643, 647, 649, 651, 652, 653, and 670
    
    RIN 1400-AA31
    
     
    
    Department of State Acquisition Regulation (DOSAR)
    
    agency: Office of the Procurement Executive, Department of State.
    
    action: Proposed rule.
    
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    summary: This proposed rule amends the Department of State Acquisition 
    Regulation (DOSAR) to reflect numerous miscellaneous changes, additions 
    and deletions dealing with Department of State (DOS) internal or 
    administrative matters. This rule also sets forth policies and 
    procedures for procurement integrity requirements, the DOS 
    standardization program, implementation of the metric system for DOS 
    procurements, the Governmentwide commercial purchase card, 
    implementation of an affirmative procurement program for recovered 
    materials, Defense Base Act insurance requirements, and alternative 
    dispute resolution. Finally, it raises the threshold for major systems 
    acquisitions from $10,000,000 to $30,000,000.
    
    dates: Public comments must be received by November 15, 1994.
    
    addresses: Comments should be sent to: 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.
    
    for further information contact: Gladys Gines, telephone (703) 516-
    1691. This is not a toll-free number.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Major Revisions to the DOSAR
    
    A. Ratification of Unauthorized Commitments
    
        DOSAR 601.602-3 and 601.602-3-70 are amended to delegate to the 
    head of the contracting activity the authority to ratify unauthorized 
    commitments not exceeding $1,000. All unauthorized commitments 
    exceeding $1,000 will continue to be ratified by the Procurement 
    Executive. A procedural change is made to state that the ratifying 
    official will notify the contractor involved in the ratification as to 
    whether the ratification was approved.
    
    B. Contracting Officer Appointments
    
        DOSAR 601.603-3 is amended to reflect the Department's change from 
    a position-based warrant system to a name-based warrant system.
    
    C. Delegations of Authority
    
        DOSAR 601.603-70 is amended to reflect the Department's current 
    organizational structure with respect to procurement authority. The 
    amendment separates those DOS offices which have full procurement 
    authority from those with limited procurement authority.
    
    D. Procurement Integrity
    
        Subpart 603.1 is added to alert potential contractors as to who may 
    have access to source selection or proprietary information, as well as 
    information on procurement integrity certification requirements and the 
    processing of violations or possible violations.
    
    E. Contracts With Government Employees
    
        Subpart 603.6 is added to state the Department's policy regarding 
    the award of contracts to Federal employees. A certification and 
    contract clause are also added at 652.203-70 and 652.203-71.
    
    F. Internal Review Procedures
    
        DOSAR 604.7002 is revised to reflect changes in the review 
    thresholds by the Office of the Procurement Executive of solicitation 
    and contract actions for domestic and overseas contracting activities.
    
    G. Justification for Other Than Full and Open Competition
    
        DOSAR 606.302-6 is added to provide guidance on the use of the 
    exception provided in FAR 6.302-6 regarding acquisitions involving 
    national security information.
    
    H. Department of State Standardization Program
    
        DOSAR 606.370 is added to provide policy and guidance on the 
    Department's standardization program. This section sets forth 
    procedures for processing justifications for other than full and open 
    competition when only specified makes and models of equipment will meet 
    the Department's needs.
    
    I. List of Parties Excluded From Procurement Programs
    
        DOSAR 609.405 is amended to provide guidance to contracting 
    officers based on a FAR class deviation issued by the Procurement 
    Executive on June 15, 1994. Since the hard copy of the list is being 
    terminated by GSA, the deviation provides for other mechanisms for 
    contracting officers to use to check a contractor's debarred status, 
    and provides for an exemption for overseas posts for certain 
    acquisitions.
    
    J. Metric System Implementation
    
        DOSAR Part 610 is added to provide implementing guidelines in 
    accordance with section 5164 of the Omnibus Trade and Competitiveness 
    Act of 1988 (P.L. 100-418).
    
    K. Governmentwide Commercial Purchase Card Program
    
        DOSAR 613.6-70 is added to provide the Department's policy 
    regarding use of commercial purchase cards when making simplified 
    acquisitions.
    
    L. Solicitation and Receipt of Proposals
    
        Subpart 615.4 is added to provide guidance on the release of 
    solicitation mailing lists as opposed to the list of firms who submit 
    proposals under an RFP; to state that approval for presolicitation 
    conferences one level above the contracting officer is not required per 
    a class deviation approved by the Procurement Executive; to state that 
    the uniform contract format shall be used for all overseas acquisitions 
    except those listed in FAR 15.406-1(a)(1)-(8); and to provide for 
    procedures to be used when releasing proposals outside the Government 
    for evaluation purposes.
    
    M. Unsolicited Proposals
    
        Subpart 615.5 is added to state that the contact points for 
    unsolicited proposals are the heads of the contracting activities.
    
    N. Economy Act Interagency Acquisition Agreements
    
        DOSAR 617.504-70 is added to state who has the authority to execute 
    Economy Act IAAs and to provide for Department of State Form DS-1921, 
    Award/Modification of Interagency Acquisition Agreement.
    
    O. Small Business Subcontracting Goals
    
        DOSAR 619.705-1 is added to require that contracting officers 
    incorporate the Department's current fiscal year goals as negotiated 
    with the SBA in all pertinent Department solicitations. A new provision 
    at 652.219-70 is added to accomplish this purpose.
    
    P. Hazardous Material Identification
    
        Subpart 623.3 is added to require that all work, including the 
    handling of hazardous materials, shall comply with the applicable 
    requirements of the Department of State Safety/Health and Environmental 
    Management Resource Guide.
    
    Q. Resource Conservation and Recovery
    
        Subpart 623.4 is added to provide policy and guidance implementing 
    Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 
    6962, P.L. 92-580) regarding an affirmative procurement program for 
    recovered materials. Associated solicitation provisions and contract 
    clauses are provided at 652.223-70 through 652.223-78.
    
    R. Defense Base Act Insurance Supplementation
    
        Subpart 628.3 is added to provide guidance on the Defense Base Act 
    for acquisitions for services or construction which require contractor 
    personnel to perform work outside the United States. Language is also 
    added to provide guidance on use of the contract which the Department 
    has awarded to an insurance broker and carrier to provide Defense Base 
    Act insurance. Associated solicitation provisions and contract clauses 
    are provided at 652.228-71 through 652.228-77.
    
    S. Alternative Dispute Resolution
    
        DOSAR 633.214-70 is added to provide policy and guidance regarding 
    alternative dispute resolution.
    
    T. Increase in Major Systems Acquisition Threshold
    
        DOSAR 634.001 is amended to increase the Department's threshold for 
    major systems acquisitions from $10,000,000 to $30,000,000. The 
    threshold has not changed since 1988. The revised threshold is more 
    accurate given current spending trends and inflation.
    
    U. Contractor Use of Travel Advances
    
        Part 651 is added to state the Department's prohibition on issuing 
    travel advances, official travel orders, or Government Travel 
    Requisitions to contractors.
    
    II. Other DOSAR Revisions
    
        Numerous other revisions have been made to update the DOSAR to 
    implement FAR changes that have occurred; to indicate appropriate 
    approving officials as required by the FAR; to delete obsolete DOSAR 
    passages and clauses; and, to reflect current organizational 
    designations and language. These changes do not affect the relationship 
    between a Department of State organization and a contractor or 
    potential contractor.
        Several DOSAR clauses have been deleted, as they are obsolete. They 
    are: 652.202-70, Definitions; 652.214-70, Language Version (superseded 
    by FAR 52.214-34, Submission of Offers in the English Language); 
    652.214-72, Authorization to Perform; 652.232-70, Invoice Requirements 
    and 652.232-71, Method of Payment (Electronic Funds Transfer) (both 
    superseded by FAC 94-20 which clarified that Prompt Payment Act 
    requirements apply to overseas contracts; therefore, FAR clauses 
    52.232-25, Prompt Payment and 52.232-28, Electronic Funds Transfer 
    Payment Methods, will be used).
        The following new DOSAR clauses have been added, in addition to 
    those mentioned in I. above: 652.206-70, Competition Advocacy/Ombudsman 
    (to provide potential offerors with a contact point if they believe 
    that a solicitation is particularly restrictive of competition); 
    652.216-71, Price Adjustment (to allow overseas contractors to be able 
    to adjust their prices if the host country government enacts laws 
    affecting actual costs of direct service labor); 652.232-70, Payment 
    Schedule and Invoice Submission (Fixed-price) and 652.232-71, Voucher 
    Submission (Cost-Reimbursement) (to provide clauses pertaining to the 
    submission of invoices/vouchers); 652.237-70, Compensatory Time Off (to 
    allow for personal services contractors to be given compensatory time 
    off for overtime work); 652.237-71, Identification/Building Pass (to 
    ensure that contractors who work in Department of State facilities are 
    properly cleared and have an identification pass); and, 652.237-72, 
    Observance of Legal Holidays and Administrative Leave (for contracts 
    where contractor personnel will be working on-site in any Department of 
    State facility).
        The following Department of State forms have been added: DS-1918, 
    Purchase Order File; DS-1919, Delivery Order File; DS-1910, Blanket 
    Purchase Agreement (BPA) File; DS-1921, Award/Modification of 
    Interagency Acquisition Agreement; and DS-1910, Small Business/Labor 
    Surplus Agency Review--Actions Above the Small Purchase Limitation. 
    These forms are all for internal Department or Government use; since 
    they do not affect contractors or potential contractors, they are not 
    being printed in this Federal Register publication.
    
    III. Impact
    
        The Department of State certifies regulation will not have a 
    significant economic impact on a substantial number of small entities 
    under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    
    List of Subjects in 48 CFR Parts 601, 602, 603, 604, 605, 606, 608, 
    609, 610, 613, 614, 615, 616, 617, 619, 622, 623, 625, 627, 628, 
    631, 632, 633, 634, 636, 637, 639, 642, 643, 647, 649, 651, 652, 
    653, 670
    
        Government procurement, Department of State Acquisition Regulation 
    (DOSAR).
        Accordingly, title 48, chapter 6 of the Code of Federal Regulations 
    is proposed to be amended as follows:
        1. The authority citation for 48 CFR parts 601, 602, 603, 604, 605, 
    606, 608, 609, 613, 614, 615, 616, 617, 619, 622, 623, 625, 628, 632, 
    633, 634, 636, 637, 642, 643, 652, 653 is revised to read as follows:
    
        Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
    
    SUBCHAPTER A--GENERAL
    
    PART 601--DEPARTMENT OF STATE ACQUISITION REGULATIONS
    
        2. and 3. Section 601.000 is amended by removing the last sentence.
        4. A new subpart 601.1, consisting of sections 601.101 and 601.105 
    is added to read as follows:
    
    Subpart 601.1--Purpose, Authority, Issuance
    
    Sec.
    601.101  Purpose.
    601.105  OMB approval under the Paperwork Reduction Act.
    
    
    601.101  Purpose.
    
        The DOSAR is issued to provide Department guidance in accordance 
    with the policy cited in FAR 1.301(a)(2). The portions of this 
    regulation that affect the relationship between a Department of State 
    organization and a contractor or potential contractor have been 
    published in the Federal Register at 48 CFR Chapter 6, in accordance 
    with FAR 1.301(b).
    
    
    601.105  OMB approval under the Paperwork Reduction Act.
    
        The Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520) requires 
    that Federal agencies obtain approval from the Office of Management and 
    Budget (OMB) before collecting information from ten (10) or more 
    members of the public. The information and recordkeeping requirements 
    contained in this regulation have been approved by OMB under OMB 
    Control Number 1405-0050.
        5. Section 601.201-1 is amended by inserting the parenthetical 
    ``(A/OPE)'' after the phrase ``The Office of the Procurement 
    Executive'' in the first sentence; by removing the word ``said'' and 
    inserting ``a'' in its place in the second sentence; and by removing 
    the words ``the Office of the Procurement Executive'' and inserting the 
    acronym ``A/OPE'' in their place in the third sentence.
        6. Section 601.301 is revised to read as follows:
    
    
    601.301  Policy.
    
        (a)(1) The Assistant Secretary of State for Administration is the 
    agency head for the purposes of FAR 1.301 (see Delegation of Authority 
    No. 120 (34 FR 18095, October 30, 1969), as amended by Delegation of 
    Authority No. 120-4 (59 FR 38022, July 26, 1944)). Under Delegation of 
    Authority No. 120-3 (51 FR 16768, May 6, 1986), the Assistant Secretary 
    of State for Administration redelegated to the Procurement Executive 
    the authority to prescribe, promulgate, and amend DOS acquisition 
    policies, rules, and regulations.
        (2) The Department's procurement directives system consists of the 
    following components:
        (i) The DOSAR;
        (ii) Procurement Policy Directives (PPDs), which provide basic 
    policy or procedural guidance and direction. PPDs are issued on an 
    interim basis, and are subsequently incorporated into the next revision 
    of the DOSAR; and
        (iii) Procurement Information Bulletins, which provide general 
    information on topics of interest to contracting personnel.
        (b) The Department of State Acquisition Regulation (DOSAR) is 
    prescribed under the authority of 22 U.S.C. 2658 and 40 U.S.C. 486(c).
        (c) The DOSAR implements and supplements the FAR.
        7. Section 601.302 is amended in paragraph (a) by adding the phrase 
    ``and leases of real property,'' after the words ``including 
    construction''; removing the comma after the word ``construction''; and 
    adding the following phrase to the end of the paragraph ``, or the 
    Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 292 et 
    seq)''.
        8. Section 601.303 is amended by revising paragraph (c) to read as 
    follows:
    
    
    601.303  Publication and codification.
    
    * * * * *
        (c) The DOSAR shall be referenced in the same manner as described 
    at FAR 1.104-2(c).
    
    
    601.403  [Amended]
    
        9. Section 601.403 is amended by removing the second sentence.
    
    
    601.404  [Amended]
    
        10. Section 601.404 is amended by removing the second sentence.
    
    
    601.405  [Amended]
    
        11. Section 601.405 is amended by removing the second sentence.
    
    
    601.470  [Amended]
    
        12. Section 601.470 is amended by removing the second sentence.
    
    
    601.471  [Amended]
    
        13. Section 601.471 is amended by removing the parenthetical ``(see 
    601.603-70)'' in the first sentence of paragraph (a) introductory text; 
    and by revising paragraphs (a)(1) and (b) to read as follows:
    
    
    601.471  Procedures.
    
        (a) * * *
        (1) The nature of the deviation requested, including whether it is 
    an individual or class deviation;
    * * * * *
        (b) The head of the contracting activity shall also submit all 
    pertinent documentation supporting the request.
    * * * * *
        14. Section 601.570 is revised to read as follows:
    
    
    601.570  Rulemaking.
    
        (a) The DOSAR is promulgated and may be revised, as necessary, in 
    accordance with FAR Part 1.
        (b) The Procurement Executive shall issue all DOS acquisition 
    regulations.
        15. Section 601.601-1 is amended in paragraph (a) by removing the 
    word ``let'' and inserting the word ``awarded'' in its place; by 
    removing the words ``including interagency agreements'' and inserting 
    in their place the words ``including FAR-covered interagency 
    acquisition agreements'' in the first sentence in paragraph (b); and by 
    adding the words ``real and'' preceding ``personal property'' in 
    paragraph (b) in the first instance of appearance.
        16. Section 601.602-3 is amended by removing the period at the end 
    of paragraph (b)(1) and adding the words ``, e.g., withdrawal of a 
    contracting officer's warrant or a Contracting Officer's Representative 
    delegation or collection action.''
        17. Section 601.602-3 is amended by revising paragraph (b)(2) to 
    read as follows; and by adding the following sentence to the end of 
    paragraph (c) as follows:
    
    
    601.602-3   Ratification of unauthorized commitments.
    
    * * * * *
        (b) * * *
        (2) The head of the contracting activity is delegated the authority 
    to serve as the ratifying official for unauthorized contractual 
    commitments not exceeding $1,000. The head of the contracting activity 
    may refer such actions to the Procurement Executive for ratification if 
    he/she so chooses. All unauthorized commitments in excess of $1,000 
    shall be ratified by the Procurement Executive.
    * * * * *
        (c) * * * However, the contracting officer is encouraged to obtain 
    legal concurrence if there is a question of proprietary or a legal 
    issue.
        18. Section 601.602-3-70 is revised to read as follows:
    
    
    601.602-3-70   Procedures.
    
        (a)(1) The person who made the unauthorized commitment shall submit 
    all records and documents concerning the unauthorized commitment to the 
    contracting officer assigned the ratification action. That person shall 
    provide a complete written, signed statement of the facts, including 
    why normal acquisition procedures were not followed, why and how the 
    vendor was selected, a list of other sources considered, a description 
    of work or products, a statement regarding the status of performance, 
    an estimated or agreed price, certified funding citations, and a 
    statement as to why he/she should not be personally liable for the 
    cost, e.g., a public purpose was served and no personal benefit was 
    received.
        (2) When the person who made the unauthorized commitment is no 
    longer available to attest to the circumstances of the unauthorized 
    commitment, an officer from the responsible office shall accomplish the 
    requirements of this paragraph; the statement shall identify the 
    individual responsible for the unauthorized commitment.
        (3) In addition, a cognizant management official from the office 
    which employed the individual who made the unauthorized commitment at 
    the time the unauthorized commitment was made shall provide a statement 
    detailing actions that he/she will take to ensure that such commitments 
    will not occur again under the same or similar circumstances.
        (b) The contracting officer assigned the ratification action shall 
    prepare and execute a recommendation to the ratifying official. The 
    contracting officer shall either recommend that the ratifying official 
    approve and ratify the unauthorized commitment; or, disapprove the 
    ratification of the unauthorized commitment.
        (1) The recommendation shall include the facts and circumstances of 
    the unauthorized commitment; the information prescribed in FAR 1.602-3 
    (c)(1) and (c)(3) through (c)(6); and a recommendation to the ratifying 
    official as to whether the unauthorized commitment should be ratified.
        (2) Following the signature of the contracting officer, the 
    recommendation shall include a statement that the ratifying official 
    could have granted authority to enter into a contractual commitment at 
    the time it was made and still has the authority to do so; that the 
    ratifying official hereby ratifies (or disapproves) the unauthorized 
    commitment in the amount specified; and a date and signature block for 
    the ratifying official.
        (c) The information required in paragraph (b)(1) of this section 
    shall be supported by factual findings included or referenced in the 
    recommendation.
        (d) The contracting officer shall submit the complete file to the 
    ratifying official. For actions exceeding $1,000, the file shall be 
    submitted through the head of the contracting activity to the 
    Procurement Executive.
        (e) Upon receipt and review of the complete file, if the ratifying 
    official ratifies the unauthorized commitment, the file shall be 
    returned, through the head of the contracting activity if the action 
    exceeds $1,000, to the contracting officer for issuance of the 
    appropriate contractual document(s). If the request for ratification is 
    not justified, the ratifying official shall return the request to the 
    head of the contracting activity (if over $1,000) with a written 
    explanation for the decision and a recommendation for disposition of 
    the action.
        (f)(1) When a ratification is approved, the ratifying official 
    shall prepare a letter to the contractor involved in the ratification. 
    The letter shall state the reason(s) why the ratification was approved 
    and provide cautionary language to the contractor regarding future 
    instances of ratification actions.
        (2) When a ratification is not approved, the head of the 
    contracting activity shall prepare a letter to the contractor advising 
    that the ratification was not approved. The letter shall cite the 
    reason(s) for the disapproval.
        19. Section 601.603-3 is revised to read as follows:
    
    
    601.603-3  Appointment.
    
        (a) There is no contracting officer authority conferred upon any 
    DOS employee by virtue of position. The Procurement Executive appoints 
    all DOS contracting officers, in conformance with FAR 1.603-3. The 
    contracting officer shall retain the original copy of the Standard Form 
    1402, Certificate of Appointment, signed by the Procurement Executive. 
    Only qualified employees shall be appointed as contracting officers. A/
    OPE is responsible for providing guidance and oversight in managing 
    such appointments.
        (b) Contracting officers shall be appointed in accordance with the 
    Procurement Career Management Guidebook, available from A/OPE.
        (c) Non-Federal employees. Only United States Government direct-
    hire employees who are U.S. citizens shall be appointed as contracting 
    officers. Personal services contractors, Foreign Service Nationals, and 
    Third Country Nationals are not eligible for appointment as DOS 
    contracting officers.
        20. Section 601.602-70 is revised to read as follows:
    
    
    601.603-70  Delegations of authority.
    
        (a) Delegations. As stated in 601.603-3(a), there is no contracting 
    officer authority conferred by virtue of position. Pursuant to 601.602-
    1(b), the Procurement Executive has designated the following as 
    contracting activities as defined in FAR 2.101. These authorities are 
    not redelegable. In addition, specific individuals are designated as 
    heads of contracting activities (HCAs) (see FAR 2.101):
        (1) Overseas posts. Each overseas post shall be regarded as a 
    contracting activity to enter into and administer contracts for the 
    expenditure of funds involved in the acquisition of supplies, 
    equipment, publications, and services; to sell personal property; and 
    to lease real property. The Principal Officer, the Administrative 
    Officer, or the Supervisory General Services Officer are designated as 
    HCAs; provided, that he/she has a contracting officer's warrant issued 
    by the Procurement Executive.
        (i) No authority is delegated to enter into cost-reimbursement, 
    fixed-price incentive, or fixed-price redeterminable contracts.
        (ii) When expressly authorized by a U.S. Government agency which 
    does not have a contracting officer at the post, the officers named in 
    paragraph (a)(1) introductory text may enter into contracts for that 
    agency. Use of this authority is subject to the statutory authority of 
    that agency and any special contract terms or other requirements 
    necessary for compliance with any conditions or limitations applicable 
    to the funds of that agency. The agency's authorization shall cite the 
    statute(s) and state any special contract terms or other requirements 
    with which the acquisition so authorized must comply. In view of the 
    contracting officer's responsibility for the legal, technical, and 
    administrative sufficiency of contracts, questions regarding the 
    propriety of contracting actions that the post is required to take 
    pursuant to this authority may be referred to the Department for 
    resolution with the headquarters of the agency concerned.
        (2) Office of Foreign Buildings. The authority to enter into and 
    administer contracts pursuant to the Foreign Service Buildings Act of 
    1926, as amended (22 U.S.C. 292 et seq.), is delegated to the Deputy 
    Assistant Secretary of State for Foreign Buildings and to the Director 
    for Acquisitions as the HCA.
        (3) Office of Acquisition. The authority to enter into and 
    administer contracts for the expenditure of funds involved in the 
    acquisition of supplies and nonpersonal services is delegated to the 
    Director and Deputy Director as the HCA.
        (4) Foreign Service Institute. The authority to enter into and 
    administer contracts pursuant to Chapter 7, Title I, of the Foreign 
    Service Act of 1980, as amended (22 U.S.C. 4021 et seq.), is delegated 
    to the Director of the Foreign Service Institute, the Executive 
    Director, the Deputy Executive Director, and the Supervisory 
    Contracting Officer as the HCA.
        (5) Office of Foreign Missions. The authority to enter into and 
    administer contracts pursuant to Title II of the State Department Basic 
    Authorities Act of 1956, as amended (22 U.S.C. 4301 et seq.), is 
    delegated to the Director, Office of Foreign Missions, and the 
    Administrative Officer as the HCA.
        (6) U.S. Mission to the United Nations. The authority to enter into 
    and administer contracts pursuant to the United Nations Participation 
    Act of 1945, as amended (22 U.S.C. 287), is delegated to the Counselor 
    for Administration as the HCA.
        (7) Moscow Embassy Building Control Office. The authority to enter 
    into and administer contracts for the planning, design, and 
    construction of the embassy office building in Moscow is delegated to 
    the Director, Moscow Embassy Building Control Office as the HCA.
        (8) Diplomatic Telecommunications Service--Program Office. The 
    authority to enter into and administer contracts for the leasing or 
    purchase of telecommunications services, circuits, subsystems, and 
    associated professional services is delegated to the Chief, Acquisition 
    Branch.
        (9) Regional Procurement Support Offices. (i) The authority to 
    enter into and administer contracts for the expenditure of funds 
    involved in the acquisition of supplies, equipment, publications, 
    services, execute leases for real property, and to sell personal 
    property on behalf of overseas posts is delegated to each Director, 
    Regional Procurement Support Office (RPSO) as the HCA at the following 
    locations:
        (A) RPSO Bonn in conjunction with Embassy Bonn;
        (B) RPSO Tokyo in conjunction with Embassy Tokyo;
        (C) RPSO Singapore in conjunction with Embassy Singapore; and,
        (D) RPSO Miami in conjunction with the Miami Regional Center.
        (ii) The RPSOs are under the purview and guidance of A/OPE.
        (b) Other delegations. Several DOS offices have been delegated 
    limited procurement authority, although they have not been designated 
    as HCAs. Matters requiring HCA resolution are referred to the Office of 
    Acquisition. These delegations are provided only to warranted 
    contracting officers in the respective offices. They are as follows:
        (1) Office of Language Services. The authority to enter into and 
    administer simplified acquisition transactions under FAR Part 13 and 
    orders against schedule contracts for interpreting, translating, 
    conference reporting, and related language support and escort services.
        (2) Office of Overseas Schools. The authority to enter into and 
    administer simplified acquisition transactions under FAR Part 13 and 
    orders against schedule contracts pursuant to section 29 of the State 
    Department Basic Authorities Act of 1956, as amended.
        (3) Library. The authority to enter into and administer simplified 
    acquisition transactions under FAR Part 13 and orders against schedule 
    contracts pursuant to the provisions of the Public Printing and 
    Documents Act of 1968, as amended, and for the acquisition of 
    newspapers, books, maps, and periodicals.
        (4) Office of International Conferences. The authority to enter 
    into and administer simplified acquisition transactions under FAR Part 
    13 and orders against schedule contracts pursuant to section 5, Title 
    I, of the Department of State Basic Authorities Act of 1956, as 
    amended.
        (5) Bureau for Refugee Programs. The authority to enter into and 
    administer simplified acquisition transactions under FAR Part 13 and 
    orders against schedule contracts pursuant to the Migration and Refugee 
    Assistance Act of 1962, as amended, and Executive Order 10077, dated 
    January 22, 1963.
        (6) Bureau of International Narcotics Matters. The authority to 
    enter into and administer simplified acquisition transactions under FAR 
    Part 13, orders against schedule contracts and personal services 
    contracts pursuant to the Foreign Assistance Act of 1961, as amended; 
    and, 48 CFR Chapter 7, Agency for International Development Acquisition 
    Regulation, including any amendments thereto.
        21. Section 601.670 is added to read as follows:
    
    
    601.670  Procurement Career Management Program.
    
        (a) Policy. The Department's Procurement Career Management Program 
    is designed to improve the quality of contracting in the Department 
    through the development and maintenance of professional contracting 
    skills in accordance with the Federal Acquisition Institute's Contract 
    Specialist Workbook and related guidance.
        (b) Procedures. Details of the Department's Procurement Career 
    Management Program are described in the Department of State Procurement 
    Career Management Guidebook. A/OPE shall provide guidance and 
    oversight.
    
    PART 602--DEFINITIONS OF WORDS AND TERMS
    
        22. and 23. In section 602.101-70, the definition of Consolidated 
    Receiving Point is amended in the first sentence by removing the words 
    ``packing firm employed by'' and inserting the words ``contractor under 
    contract to'' in their place, and by removing the second sentence; the 
    definition of Despatch Agency is amended by removing the words ``Office 
    of Supply, Transportation and Procurement'' and inserting the words 
    ``Office of Supply and Transportation'' in their place, by removing the 
    word ``and'' preceding ``San Francisco, California'', and by adding the 
    words ``; and, Seattle, Washington'' to the end of the second sentence; 
    and the definition of Third country procurement is removed.
        24. Subpart 602.2, consisting of sections 602.201 and 602.201-70, 
    is removed.
    
    PART 603--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
    INTEREST
    
        25. and 26. Subpart 603.1 is added to read as follows:
    
    Subpart 603.1--Safeguards
    
    Sec.
    603.104  Procurement integrity.
    603.104-5  Disclosure, protection, and marking of proprietary and 
    source selection information.
    603.104-9-70  Certification requirements.
    603.104-11  Processing violations or possible violations.
    
    
    603.104  Procurement integrity.
    
    
    603.104-5  Disclosure, protection, and marking of proprietary and 
    source selection information.
    
        (d)(1) The head of the contracting activity is the agency head's 
    designee for the purposes of FAR 3.104-5(d)(1).
        (2) The following classes of persons may be authorized access to 
    proprietary or source selection information by the contracting officer 
    or head of the contracting activity when such access is necessary to 
    the conduct of a procurement:
        (i) Clerical personnel directly involved in the procurement;
        (ii) Supervisors in the contracting officer's chain of command;
        (iii) Contracting personnel involved in reviewing or approving the 
    solicitation, contract, or contract modification; and
        (iv) Personnel in the following offices: Office of Small and 
    Disadvantaged Business Utilization (A/SDBU), Office of the Legal 
    Adviser (L/BA), Office of Legislative Affairs, Office of the Inspector 
    General, the Small Business Administration, and the Office of Federal 
    Contract Compliance Programs (Department of Labor).
    
    
    603.104-9-70  Certification requirements.
    
        (b) Competing contractors are required to complete the 
    ``Certificate of Procurement Integrity'' and submit it with their bids 
    under IFBs. For RFPs, the apparent successful offeror only need submit 
    the certification. For RFPs, the contracting officer shall contact the 
    apparent successful offeror before award and request that the 
    certificate be submitted within five (5) working days if the 
    certificate was not submitted with the initial proposal. A bid 
    submitted under an IFB that lacks a signed certificate is 
    nonresponsive, and an apparent successful offeror under an RFP who does 
    not submit the required certificate is ineligible for award.
    
    
    603.104-11  Processing violations or possible violations.
    
        (a) The contract specialist shall report any violation or possible 
    violation of the procurement integrity requirements immediately to the 
    contracting officer and the Office of the Inspector General. The 
    contracting officer shall follow the procedures in FAR 3.104-11 
    regarding such violations.
    
    
    603.203  [Amended]
    
        27. Section 603.203 is amended by removing the parenthetical ``(see 
    601.603-70)'' in the last sentence.
    
    
    603.303  [Amended]
    
        28. Section 603.303 is amended by removing the parenthetical ``(see 
    601.603-70)'' from the first sentence of paragraph (c).
        29. Section 603.601 is added to read as follows:
    
    
    603.601  Policy.
    
        (a) It is Department policy not to award contracts to Federal 
    employees, or businesses substantially owned or controlled by Federal 
    employees.
        30. Section 603.670 is added to read as follows:
    
    
    603.670  Solicitation provision and contract clause.
    
        The contracting officer shall insert the clause at 652.203-70, 
    Prohibition Against the Use of Federal Employees, in all solicitations 
    and contracts, and the provision at 652.203-71, Certification Regarding 
    Federal Employment, in all solicitations.
        31. Subpart 603.7 is added to read as follows:
    
    Subpart 603.7--Voiding and Rescinding Contracts
    
    Sec.
    603.704  Policy.
    603.705  Procedures.
    
    
    603.704  Policy.
    
        The Procurement Executive is the agency head's designee for the 
    purposes of FAR 3.704.
    
    
    603.705  Procedures.
    
        The Procurement Executive is the agency head's designee for the 
    purposes of FAR 3.705.
    
    PART 604--ADMINISTRATIVE MATTERS
    
        32. Section 604.202 is amended in the first sentence by revising 
    the words ``Despatch Office'' to read ``Despatch Agent''; and, by 
    adding the following sentence to the end of the section:
    
    
    604.202  Agency distribution requirements.
    
        * * * Copies of contracts and modifications awarded as small 
    business or 8(a) set-asides shall be sent to A/SDBU.
        33. Section 604.7002 is amended by revising paragraphs (a) and (b) 
    to read as follows; and, by removing the words ``the Office of the 
    Procurement Executive'' in paragraph (c) and substituting ``A/OPE'' in 
    their place:
    
    
    604.7002  Procedures.
    
        (a) Prior to issuance of a solicitation or a solicitation amendment 
    which constitutes a substantive change, award of a contract, or 
    execution of a contract modification (including exercising contract 
    options), any of which is estimated to exceed the thresholds indicated 
    below, the contracting officer shall forward the proposed contractual 
    action to A/OPE for review. For contract modifications, the contracting 
    officer shall submit such actions in accordance with 643.102-70(b):
        (1) For domestic contracting activities, all actions over 
    $5,000,000. There is no review threshold when the contracting 
    activity's quality assurance plan has been approved by A/OPE;
        (2) For overseas posts with contracting officers who have been 
    issued standard name warrants, all actions over $250,000, with the 
    exception of those actions for local guard services, which require 
    review at $100,000 and above; and,
        (3) For overseas posts with contracting officers who have been 
    issued provisional name warrants, all actions over $100,000.
        (4) When calculating the threshold for application of paragraphs 
    (a)(1) through (3) of this section, include the value of the base year 
    plus all option years.
        (b) A/OPE shall document the scope and extent of the review and 
    shall submit written recommendations to the contracting officer on each 
    proposed contract action reviewed. In the event the contracting officer 
    and the reviewer cannot reach agreement on the recommendation(s), the 
    contracting officer shall prepare an appeal file to be transmitted to 
    the Procurement Executive. The appeal shall be approved by an 
    individual one management level above the contracting officer prior to 
    its transmission to the Procurement Executive. A resolution shall be 
    worked out between the contracting activity and the Procurement 
    Executive. For purposes of this section, the officer who may transmit 
    the appeal file to the Procurement Executive shall not be the same 
    individual who will sign the contractual document. For overseas posts, 
    where the contracting officer is the head of the contracting activity, 
    the approval authority shall be the Principal Officer.
    * * * * *
    
    SUBCHAPTER B--COMPETITION AND ACQUISITION PLANNING
    
    PART 605--PUBLICIZING CONTRACT ACTIONS
    
        34. and 35. Section 605.202-70 is amended to add the phrase ``, and 
    work is performed outside'' preceding the words ``the United States'' 
    in the second sentence of paragraph (a); by revising paragraph (b); by 
    amending paragraph (c)(1) to add the phrase ``or other agency'' after 
    the words ``the requirements office'' in the first sentence; by 
    amending paragraph (c)(2) introductory text to remove the parenthetical 
    ``(see 601.603-70)''; by revising paragraphs (c)(2)(i) and (ii); by 
    revising paragraph (d); and by adding new paragraph (e) to read as 
    follows:
    
    
    605.202-70  Foreign acquisitions.
    
    * * * * *
        (b) Policy. Under certain conditions, waiver of the requirement to 
    publish in the CBD notices of proposed procurement actions is necessary 
    for acquisitions by overseas posts when these acquisitions are made 
    from sources outside, and work is performed outside the United States, 
    its possessions and Puerto Rico. This policy is pursuant to 41 U.S.C. 
    416 et seq. and 15 U.S.C. 637 et seq. This policy applies only to DOS 
    contracts and any contracts awarded in behalf of other Federal agencies 
    using appropriated funds.
        (c) * * *
        (2)(i) If the head of the contracting activity determines that 
    publication of a CBD notice is appropriate and reasonable, the notice 
    shall be published in accordance with FAR 5.2.
        (ii) If the head of the contracting activity determines that 
    publication of a CBD notice is inappropriate or unreasonable, that 
    official may waive the CBD notice requirements of FAR Subpart 5.1. 
    Delay, due to poor acquisition planning, is not a sufficient reason to 
    waive the CBD notice. This determination shall be in writing and made 
    in consideration of such factors as overseas delivery, installation, 
    maintenance or replacement requirements, special product or performance 
    specifications, and security clearance requirements. The determination 
    and findings shall be included in the contract file. Competition in 
    such acquisitions, including the use of written solicitations, shall be 
    obtained in all cases to the extent feasible and consistent with FAR 
    Part 6 and DOSAR Part 606. 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 exclusions. CBD waiver authority does not apply to guard 
    service contracts that exceed $250,000. Guard service contract that 
    exceed $250,000 shall be synopsized in the CBD. Option year prices 
    shall be included when computing the applicability of this threshold.
        (e) Limitations. If the contracting officer waives the CBD synopsis 
    on the basis of urgent or compelling reasons, the acquisition may only 
    fulfill the immediate requirements. Therefore, option periods of 
    performance, or quantities which exceed immediate needs, are not 
    allowable.
        36. Section 605.207 is amended by adding a new paragraph (a)(1) to 
    read as follows:
    
    
    605.207  Preparation and transmittal of synopsis.
    
        (a)(1) Contracting officers at overseas posts shall submit synopses 
    of proposed contract actions to A/OPE for electronic transmittal to the 
    CBD.
        37. Subpart 605.3 is added to read as follows:
    
    Subpart 605.3--Synopses of Contract Awards
    
    
    605.303  Announcement of contract awards.
    
        (a) Contracting officers shall make information available on awards 
    over $10 million to the Office of Legislative Affairs in sufficient 
    time for an announcement by 5:00 p.m. Washington, DC time on the day of 
    the award. This requirement applies only to awards made by domestic 
    contracting activities where performance will take place within the 
    United States or its possessions.
        38. Section 605.403 is added to read as follows:
    
    
    605.403  Requests from members of Congress.
    
        (a) The Procurement Executive is the agency head for the purposes 
    of FAR 5.403(a).
        39. Section 605.502 is revised to read as follows:
    
    
    605.502  Authority.
    
        (a) For paid advertisements in newspapers within the United States, 
    the head of the contracting activity is the agency head's designee for 
    the purposes of FAR 5.502(a). For acquisitions by overseas posts 
    necessitating paid advertisements in newspapers outside the United 
    States, the head of the contracting activity is the agency head's 
    designee for the purposes of FAR 5.502(a). When the head of the 
    contracting activity is the contracting officer for the acquisition, no 
    further approvals are necessary.
    
    PART 606--COMPETITION REQUIREMENTS
    
        40. and 41. Section 606.302-1 is added to read as follows:
    
    
    606.302-1  Only one responsible source and no other supplies or 
    services will satisfy agency requirements.
    
        (b)(1) In accordance with FAR 6.302-1, guard services shall be 
    acquired from the host government only when it is the sole available 
    source.
        (4) The Procurement Executive is the agency head for the purposes 
    of FAR 6.302-1(b)(4).
        42. Section 606.302-6 is added to read as follows:
    
    
    606.302-6  National security.
    
        (a) This subsection applies to all acquisitions involving national 
    security information, regardless of dollar amount.
        (b) It is the policy of the Department of State that individual 
    acquisitions or classes of acquisitions involving national security 
    information be handled in accordance with the laws and regulations 
    regarding classification and control of classified information. 
    Executive Order 12356, National Security Information (April 2, 1982), 
    prescribes a uniform system for classifying declassifying, and 
    safeguarding national security information.
        (c)(1) The Department's requirements personnel, reviewing 
    officials, the contracting officer, and the approving official shall 
    jointly confer on using this authority and the extent to which national 
    security pertains to the acquisition(s). The Department shall examine 
    the acquisition in its totality, including any antecedent and/or 
    consequent acquisitions and related actions, to make these 
    determinations. The Director, Diplomatic Security Services, Bureau of 
    Diplomatic Security, is the authority for the determination that 
    specific information should not be released on all proposed 
    acquisitions funded by the Department of State that involves national 
    security information. The Chief, Controls Division, Office of 
    Intelligence Liaison Directorate for Coordination, Bureau of 
    Intelligence and Research, is the approval authority for such 
    acquisitions derived from or funded by other agencies. The requirements 
    office is responsible for obtaining the approval of the appropriate 
    official and ensuring that all documentation necessary for the decision 
    is accurate and complete with respect to information that should not be 
    released.
        (2) In accordance with FAR 5.202(a)(1), acquisitions involving 
    national security information shall be publicized if identification of 
    the individual acquisition or class or acquisitions would not 
    compromise national security.
        (3) The contracting officer is responsible for soliciting offers 
    from as many potential sources as is practicable under the 
    circumstances. However, given the sensitivity required for acquisitions 
    involving national security information, it is expected that 
    requirements offices will work closely with the contracting officer in 
    maximizing competition.
    
    
    606.303-1  [Amended]
    
        43. Section 606.303-1 is amended by removing the words ``the Office 
    of the Procurement Executive'' and inserting the acronym ``A/OPE'' in 
    their place.
        44. Section 606.304 is amended by adding new paragraphs (a)(1) and 
    (d) to read as follows:
    
    
    606.304  Approval of the justification.
    
        (a)(1) The approval authority for a proposed contract not exceeding 
    $100,000 is one level above the contracting officer. This applies to 
    both domestic and overseas contracting activities.
        (d) The estimated dollar value of all options shall be included in 
    determining the approval level of a justification.
        45. Section 606.304-70 is revised to read as follows:
    
    
    606.304-70  Acquisitions by overseas posts.
    
        The Departmental Competition Advocate is the approval authority for 
    the purposes of FAR 6.304(a)(3). This authority is not redelegable. Any 
    such justification must be transmitted through the Principal Officer at 
    the overseas post.
        46. Section 606.370 is added to read as follows:
    
    
    606.370  Department of State standardization program.
    
        (a) It is the Department's policy to promote full and open 
    competition in all procurement actions. The authority at 41 U.S.C. 
    253(c)(1) shall be used with respect to standardization when only 
    specified makes and models of equipment will satisfy the Department's 
    needs and only one source is available. This policy applies to all 
    acquisitions involving standardization, regardless of dollar amount.
        (b) Contracts awarded under the authority at 41 U.S.C. 253(c)(1) 
    shall be supported by the written justification described in FAR 6.303. 
    The contracting officer, requirements office, procuring activity 
    competition advocate, and the Procurement Executive shall approve all 
    Justifications for Other than Full and Open Competition that cite 
    standardization of technical equipment as justification to restrict 
    competition. The Administrative Officer at each post is the procuring 
    activity competition advocate for that post and the requirements office 
    at post is the embassy functional office responsible for identifying 
    the need to contract.
        (c) Procurement of specified makes and models of technical 
    equipment and systems, for which there is only one source of supply, is 
    considered other than full and open competition. Such procurements 
    shall be supported by an approved Justification for Other than Full and 
    Open Competition. The justification shall include the content 
    requirements of FAR 6.303-2 and DOSAR 606.303-2. The justification 
    shall also address potential cost savings in areas such as inventory, 
    operations, training, maintenance, repairs, and administrative and 
    management support. Areas of consideration for potential cost savings 
    shall be supported by detailed estimates as attachments to the 
    justification. Justifications shall specify an effective period, which 
    shall bear a reasonable relationship to the life of the technical 
    equipment. The effective period shall not exceed six years with a 
    review at the end of the first three years. Periodic reviews shall be 
    made during the standardization period to determine whether the 
    standardization should be continued, revised or canceled.
        47. Section 606.501 is revised to read as follows:
    
    
    606.501  Requirement.
    
        (a) The Procurement Executive is the head of the agency for the 
    purposes of FAR 6.501 and designates the Departmental Competition 
    Advocate.
        (b) Contracting activity competition advocates have been designated 
    for A/FBO and A/OPR/ACQ. The Departmental Competition Advocate is the 
    activity competition advocate for all other domestic contracting 
    activities.
        48. Section 606.570 is added to read as follows:
    
    
    606.570  Solicitation provision.
    
        The contracting officer shall insert the provisions at 652.206-70, 
    Competition Advocacy/Ombudsman, in all solicitations over the 
    simplified acquisition limitation.
    
    PART 608--REQUIRED SOURCES OF SUPPLIES AND SERVICES
    
    Subpart 608.4 (608.402, 608.402-70)--[Removed]
    
        49. and 50. Subpart 608.4, consisting of sections 608.402 and 
    608.402-70, is removed.
    
    PART 609--CONTRACTOR QUALIFICATIONS
    
    
    609.202  [Amended]
    
        51. Section 609.202 is amended by removing the parenthetical ``(see 
    601.603-70)''.
    
    
    609.404  [Amended]
    
        52. Section 609.404 is amended by removing the words ``The Office 
    of the Procurement Executive'' and inserting the acronym ``A/OPE'' in 
    their place in the first sentence.
        53. Section 609.405 is revised to read as follows:
    
    
    609.405  Effect of listing.
    
        (a) The Procurement Executive is the agency head's designee for the 
    purposes of FAR 9.405(a).
        (d) In accordance with a FAR class deviation granted by the 
    Procurement Executive, the following actions apply to actions awarded 
    by DOS contracting activities:
        (1)(i) Contracting officers at overseas contracting activities may 
    rely on the debarment certification submitted by bidders/offerors (FAR 
    52.209-5) as proof of eligibility for award when access to the current 
    ``Lists of Parties Excluded from Procurement Programs'' is not 
    reasonably available. For contracts which require A/OPE review and 
    approval, the contracting officer should request that A/OPE perform the 
    required review if the list is not available.
        (4)(i) For procurement actions (both domestic and overseas) that do 
    not exceed the simplified acquisition limitation, contracting officers 
    need not consult the ``List of Parties Excluded from Procurement 
    Programs'' prior to award. The list should be consulted whenever the 
    contracting officer has reason to believe that a proposed contractor 
    may appear on the list.
        (ii) Contracting officers at domestic contracting activities shall 
    review the ``List of Parties Excluded from Procurement Programs'', 
    either in hard copy or electronic form, prior to award.
        54. Section 609.405-70 is amended by removing paragraph (c); by 
    redesignating paragraphs (a) and (b) as (b) and (c), respectively; and 
    by designating the introductory paragraph as paragraph (a) and revising 
    it to read as follows:
    
    
    609.405-70  Termination action decision.
    
        (a) Prior to making a decision to terminate, based on the 
    considerations listed below, the contracting officer shall have the 
    proposed action reviewed and approved by:
        (1) The Office of the Legal Adviser;
        (2) An individual one level above the contracting officer; and,
        (3) For overseas posts, A/OPE.
    * * * * *
        55 and 56. Part 610 is added to subchapter B to read as follows:
    
    PART 610--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE 
    DESCRIPTIONS
    
    Sec.
    610.002  Policy.
    610.002-70  Metric system implementation.
    
        Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
    
    
    610.002  Policy.
    
    
    610.002-70  Metric system implementation.
    
        (a) Policy. The Omnibus Trade and Competitiveness Act of 1988 (Pub. 
    L. 100-418) requires Federal agencies to establish implementing 
    guidelines pursuant to metric policy established under Sec. 5164 of the 
    Act to adopt the metric system as the preferred system of weights and 
    measurements for United States trade and commerce. This subsection 
    establishes the Department of State metric conversion guidelines for 
    transition from the traditional system to the metric system of weights 
    and measurements.
        (b) Applicability. This subsection applies to all DOS procurements, 
    except to the extent that such use is impractical or is likely to cause 
    significant inefficiencies or loss of markets to United States firms.
        (c) Definitions.
        (1) Traditional system of weights and measurements means the 
    predominant weight and measurement system currently used in the United 
    States, also referred to as the ``inch-pound system''. The traditional 
    system includes such commonly used units as inch, foot, yard, mile, 
    pint, quart, gallon, bushel, ounce (fluid and avoirdupois), pound, 
    degree Fahrenheit, ampere, candela, and second.
        (2) Metric system means the International System of Units (Le 
    System International d'Unites (SI)) of the International Bureau of 
    Weights and Measures. The units are listed in Federal Standard 376A, 
    Preferred Metric Units for General Use by the Federal Government.
        (3) Metrication means any act that increases metric system use, 
    including metric training and initiation or conversion of measurement-
    sensitive processes and systems to the metric system.
        (4) Measurement sensitive means any item whose application or 
    meaning depends substantially on some measured quantity. For example, 
    measurement sensitive items include product or performance criteria and 
    standards binding on others, such as emission levels, size and weight 
    limitations on items in commerce.
        (5) Hard metric means the use of only standard metric (SI) 
    measurements in specifications, standards, supplies and services.
        (6) Soft metric means the result of mathematical conversion of 
    inch-pound measurements to metric equivalents in specifications, 
    standards, supplies and services. The physical dimensions, however, are 
    not changed.
        (7) Dual systems means the use of both traditional and metric 
    systems. For example, an item is designated, produced and described in 
    inch-pound values with soft metric values also shown for information or 
    comparison.
        (8) Hybrid systems means the use of both traditional and hard 
    metric values in specifications, standards, supplies and services. For 
    example, an engine with internal parts in metric dimensions and 
    external fittings or attachments in inch-pound dimensions.
        (d) Procedures. (1) DOS contracting activities shall implement the 
    metric system in a manner consistent with Pub. L. 100-418.
        (2) All DOS contracting activities shall use the metric system in 
    procurement consistent with security, operations, economic, technical, 
    logistical, training and safety requirements.
        (3) The Department shall encourage industry to adopt the metric 
    system by acquiring commercially available metric products and services 
    that meet the Department's needs whenever practical. Toward this end, 
    solicitations for DOS acquisitions shall:
        (i) State all measurement sensitive requirements in metric terms 
    whenever possible. Alternatives to hard metric are soft, dual and 
    hybrid metric terms. The Metric Handbook for Federal Officials 
    regarding the selection of proper metric units and symbols is available 
    from the National Technical Information Service (#PB89-226922); and
        (ii) Contracting officers shall return all statements of work/
    specifications that are not expressed in some form of metric terms to 
    the requirements office that prepared the documents, if the contract is 
    expected to exceed $500,000, unless the requirements office has 
    forwarded to the contracting activity for approval, in a waiver format 
    prescribed by the head of the contracting activity, a justification for 
    the use of non-metric specifications/statements of work. Option year 
    prices shall be considered when computing the $500,000 threshold.
        (4) Waivers are not required when ordering from Federal Supply 
    Schedules, or if the contract is not expected to exceed $500,000.
        (5) Valid justifications for non-metric specifications/work 
    statements include, but are not limited to:
        (i) Existing specifications and standards in inch-pound units 
    unless conversion is necessary or advantageous to the Government. 
    Unnecessary retrofit of existing systems with new metric components 
    shall be avoided if the total cost of the retrofit, including redesign 
    costs, exceeds $25,000;
        (ii) When metric is not the accepted industry system with respect 
    to a business-related activity, soft metric, hybrid or dual system may 
    be used during transition to hard metric; and
        (iii) When the use of metric is impractical or is likely to cause 
    significant inefficiencies or loss of markets to United States firms.
        (6) The contracting officer shall review and, if acceptable, 
    approve the waiver prepared by the requirements office prior to the 
    release of a solicitation that incorporates a specification that is not 
    written in some form of metric, if the resultant contract is expected 
    to exceed $500,000. The waiver shall be placed in the contract file. If 
    the waiver is not approved, the contracting officer shall return it to 
    the requirements office with an explanation.
        (7) The Department's direct in-house operating metric conversion 
    costs shall be handled as normal operating expenses rather than as 
    special one time costs or included as a budget line item. However, 
    these costs are to be identified. Identification includes, but is not 
    limited to, the cost of metric aids, tools, equipment, training and 
    increased cost to develop metric specifications. All contracting 
    activities and requirements offices shall maintain a record of any 
    costs and/or savings brought about by metric conversion.
        (8) Bulk (loose, unpacked) materials shall be specified and 
    purchased in metric or dual units.
        (9) Measuring devices, shop and laboratory equipment shall be 
    purchased in metric or dual units.
        (10) Shipping allowances, bills of lading and other shipping 
    documents shall be expressed in metric or dual units.
    
    SUBCHAPTER C--SUBCONTRACTING METHODS AND CONTRACT TYPES
    
    PART 613--SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
    
    
    613.103-70   [Amended]
    
        57. and 58. Section 613.103-70 is amended by removing paragraph (a) 
    and removing the paragraph ``(b)'' designation from paragraph (b).
        59. Section 613.505-1 is added to read as follows:
    
    
    613.505-1   Optional Form (OF) 347, Order for Supplies or Services, and 
    Optional Form 348, Order for Supplies or Services--Continuation.
    
        Effective October 1, 1995, the OF-347 and OF-348 are the only forms 
    authorized for simplified acquisitions and delivery orders, unless 
    ordering against another Federal agency contract which stipulates a 
    different form (e.g., DD-1155, Order for Supplies or Services). The OF-
    347 may also be used as a voucher.
    
    
    613.505-2   [Removed]
    
        60. Section 613.505-2 is removed.
        61. Section 613.505-70 is added to read as follows:
    
    
    613.505-70   File folders for simplified acquisitions, delivery orders, 
    and blanket purchase agreements.
    
        Contracting officers shall use Form DST-1918, Purchase Order File; 
    DST-1919, Delivery Order File; and , DST-1920, Blanket Purchase 
    Agreement (BPA) File, to record relevant data and document those 
    purchases, respectively.
        62. Section 613.507-70 is amended by adding the following sentence 
    at the end to read as follows:
    
    
    613.507-70   DOSAR clauses.
    
        * * *  The DOSAR clauses may be incorporated without setting out 
    full text.
        63. Subpart 613.6-70 is added to read as follows:
    
    Subpart 613.6--Governmentwide Commercial Purchase Card Program
    
    
    613.601-70  Policy
    
        (a) Scope. This subsection sets forth policy for use of the 
    Government purchase card when making small purchases.
        (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 purchases up to $2,500;
        (2) The purchase card shall be issued primarily to personnel 
    outside of procurement offices to purchase products and services up to 
    ten percent of the small purchase threshold quickly with a minimum of 
    paperwork and without having to send an individual requisition to a 
    procurement office;
        (3) The purchase card may be used in procurement offices for 
    purchases up to the small purchase limitation; and,
        (4) Open market purchases made with the purchase card shall be from 
    small businesses, unless otherwise exempted by the FAR.
        (c) Procedures. Specific procedures for implementation shall be 
    developed by each contracting activity that wishes to participate in 
    the program. These procedures shall be approved by A/OPE prior to 
    implementation.
    
    PART 614--SEALED BIDDING
    
    
    614.201-7-70  [Amended]
    
        64. Section 614.201-7-70 is amended by removing paragraph (a)(1); 
    by redesignating paragraph (a)(2) as paragraph (a); by removing the 
    clause number ``652.214-71'' and inserting ``652.214-70'' in its place 
    in paragraph (b); and by removing paragraphs (c) and (d).
    
    
    614.404-1  [Amended]
    
        65. Section 614.404-1 is amended by removing the parenthetical 
    ``(see 601.603-70)''
    
    Subpart 615-Contracting By Negotiation
    
    
    615.106-70  [Amended]
    
        66. and 67. Section 615.106-70 is amended by removing the phrases 
    ``652.214-70, Language Version,'' and ``and 652.214-72, Authorization 
    to Perform''; and by redesignating clause number ``652.214-71'' to read 
    ``652.214-70''.
        68. Subparts 615.4 and 615.5 are added to read as follows:
    
    Subpart 615.4--Soliciation and Receipt of Proposals and Quotations
    
    Sec.
    615.403  Solicitation mailing lists.
    615.404  Presolicitation notices and conferences.
    615.406  Preparing requests for proposals (RFP's) and requests for 
    quotations (RFQ's).
    615.406-1  Uniform contract format.
    615.413  Disclosure and use of information before award.
    615.413-2  Alternate II.
    
    Subpart 615.4--Soliciation and Receipt of Proposals and Quotations
    
    
    615.403  Solicitation mailing lists.
    
        Contracting officers shall release copies of solicitation mailing 
    lists in accordance with FAR 14.205-5(a). However, the list of those 
    firms which actually submitted proposals is not releasable. Requests 
    for information other than solicitation mailing lists shall be handled 
    by the Department's Office of Freedom of Information.
    
    
    615.404  Presolicitation notices and conferences.
    
        (c)(1) The Procurement Executive has approved a class deviation 
    from the requirements of FAR 15.404(c)(1). Approval for presolicitation 
    conferences at one level above the contracting officer is not required.
    
    
    615.406  Preparing requests for proposals (RFP's) and requests for 
    quotations (RFQ's).
    
    
    615.406-1  Uniform contract format.
    
        (a) The uniform contract format shall be mandatory for all 
    acquisitions outside the United States, its possessions, its 
    territories, and Puerto Rico, with the exception of those contracts 
    listed in FAR 15.406-1(a) (1) through (8), unless a waiver is granted 
    by the Procurement Executive. The Procurement Executive is the agency 
    head's designee for the purposes of FAR 15.406-1(a)(7).
    
    
    615.413  Disclosure and use of information before award.
    
    
    615.413-2  Alternate II.
    
        Contracting officers may determine to use the alternate procedures 
    listed in FAR 15.413-2 in cases deemed appropriate. These procedures 
    must be used when releasing proposals outside the Government for 
    evaluation purposes.
        (e) Contracting officers shall place the notice specified in FAR 
    15.413-2(e) on all proposals when using these alternate procedures.
        (f) Release of proposals outside the Government is authorized.
        (1) The Procurement Executive is the agency head's designee for the 
    purposes of FAR 15.413-2(f)(1).
    
    Subpart 615.5--Unsolicited Proposals
    
    Sec.
    615.504  Advance guidance.
    615.506  Agency procedures.
    615.604  Responsibilities.
    
    
    615.504  Advance guidance.
    
        (a) The contact points for unsolicited proposals are the heads of 
    the contracting activities.
    
    
    615.506  Agency procedures.
    
        (a) The contact points shall ensure that unsolicited proposals are 
    controlled, evaluated, safeguarded, and disposed of in accordance with 
    FAR Subpart 15.5.
        69. Section 615.604 is added to read as follows:
    
    
    615.604  Responsibilities.
    
        (a) The head of the contracting activity is the agency head's 
    designee for the purposes of FAR 15.604(a).
    
    
    615.607  [Amended]
    
        70. Section 615.607 is amended by removing the parenthetical ``(see 
    601.603-70)'' in the first sentence, and by removing the words ``a 
    legal review from'' and inserting ``the concurrence of'' in their place 
    in the second sentence.
    
    
    615.608  [Amended]
    
        71. Section 615.608 is amended by removing the parenthetical ``(see 
    601.603-70)'' in the first sentence.
    
    PART 616--TYPES OF CONTRACTS
    
        72. Section 616.102-70 is revised to read as follows:
    
    
    616.102-70  Overseas posts.
    
        Pursuant to 601.603-70(a)(1)(i), no authority is delegated to 
    overseas posts to enter into cost-reimbursement, fixed-price incentive, 
    or fixed-price redeterminable contracts, unless the Procurement 
    Executive's approval is obtained. Such requests shall be submitted by 
    the head of the contracting activity on a case-by-case basis.
        73. Section 616.203-4 is amended by removing the words ``The 
    contracting officer'' and inserting ``Contracting officers at domestic 
    contracting activities'' in their place in the first sentence; and by 
    adding the following sentences:
    
    
    616.203-4  Contract clauses.
    
        * * * Overseas posts may use the clause at 652.216-71, Price 
    Adjustment, when procuring continuing services (e.g., guard, 
    janitorial, building maintenance, and gardening). Posts shall obtain A/
    OPE approval for any price adjustment clause that differs from the 
    clause at 652.216-71.
    
    
    616.301-3  [Amended]
    
        74. Section 616.301-3 is amended by removing the words ``and 
    approved at a level above the contracting officer''.
        75. Section 616.306 is amended by removing the words ``, without 
    power of redelegation,'' and by adding the following sentence:
    
    
    616.306  Cost-plus-fixed-fee contracts.
    
        * * * This authority may be redelegated.
        76. Section 616.603-2 is amended by adding the following sentence:
    
    
    616.603-2  Application.
    
        * * * For cases where the contracting officer is also the head of 
    the contracting activity, the Procurement Executive shall approve the 
    determination and findings.
    
    PART 617--SPECIAL CONTRACTING METHODS
    
    
    617.102-2  [Amended]
    
        77. and 78. Section 617.102-2 is amended by adding the words ``, 
    unless approved by the Procurement Executive in accordance with DOSAR 
    617.204(e).'' to paragraph (d).
        79. Section 617.102-3 is added to read as follows:
    
    
    617.102-3  Objectives.
    
        (d)(3) The head of the contracting activity is the agency head's 
    designee for the purposes of FAR 17.102-3(d)(3). For those cases where 
    the contracting officer is also the head of the contracting activity, 
    the Procurement Executive shall be the agency head's designee.
        80. Section 617.201-70 is amended by revising the definition of 
    Priced option to read as follows:
    
    
    617.201-70  DOSAR definitions.
    
    * * * * *
        Priced option means an option where the amount for the option is 
    specified in or is reasonably determinable from the terms of the basic 
    contract, as described in FAR 17.207(f)(1) through (5).
    * * * * *
        81. Section 627.204 is added to read as follows:
    
    
    617.204  Contracts.
    
        (e) The Procurement Executive shall approve any solicitations or 
    contracts which exceed the five (5) year maximum length for supplies or 
    services.
    
    
    617.207, 617.207-70  [Removed]
    
        82. Sections 617.207 and 217.207-70 are removed.
    
    
    617.50  [Amended]
    
        83. Section 617.502 is amended by removing the parenthetical ``(see 
    601.603-70)''.
        84. Section 617.504-70 is added to read as follows:
    
    
    617.504-70  Ordering procedures.
    
        (a) Department deputy assistant secretaries are authorized to 
    execute Economy Act IAAs. Department contracting officers also are 
    authorized to execute Economy Act IAAs, as prescribed in FAR 17.504(a).
        (b) Department of State form DS-1921, Award/Modification of 
    Interagency Acquisition Agreement (illustrated in Part 653), shall be 
    used for all Economy Act IAAs where the Department is the requesting 
    agency. It shall also be used for Economy Act IAAs where the Department 
    is the servicing agency if the requesting agency does not have a 
    similar form that provides the same information.
    
    SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
    
    PART 619--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
    
        85. and 86. Part 619 is amended by revising the word ``Director'' 
    to read ``Operations Director'' wherever it appears in the text; and 
    revising the acronym ``OSDBU'' to read ``A/SDBU'' wherever it appears 
    in the text.
    
    
    619.20  [Amended]
    
        87. Section 619.201 is amended by removing ``The Under Secretary 
    for Management'' and inserting ``The Assistant Secretary of State for 
    Administration'' in its place in paragraph (c); by removing ``$25,000'' 
    and inserting ``the simplified acquisition limitation'' in its place in 
    paragraph (d)(5); by removing the semi-colon at the end of paragraph 
    (d)(5) after the word ``set-asides'' and inserting a period in its 
    place; and by adding the following sentences to paragraph (d)(5);
    
    
    619.201  General policy.
    
    * * * * *
        (d)(5) * * * This includes proposed contract modifications for new 
    or additional requirements which do not fall within the original scope 
    of the contract and which exceed the simplified acquisition limitation. 
    This does not include the exercising of contract options;
        88. Section 619.501 is added to read as follows:
    
    
    619.501  General.
    
        (c) Contracting officers shall use Department of State Form DS-
    1910, Small Business/Labor Surplus Area Review--Actions Above the Small 
    Purchase Limitation, to document set-aside decisions.
        89. Section 691.506 is added to read as follows:
    
    
    619.506  Withdrawing or modifying set asides.
    
        (b) The Procurement Executive shall resolve disagreements between 
    the A/SDBU Operations Director and the contracting officer.
        90. Section 619.705-1 is added to read as follows:
    
    
    619.705-1  General support of the program.
    
        It is the Department's policy to incorporate its current fiscal 
    year goals as negotiated with the SBA into all pertinent Department 
    solicitations, in addition to the standard subcontract clauses. 
    Incorporation of the goals does not require that large business prime 
    contractors must subcontract, but does require that to the extent they 
    plan to subcontract, specific goals be established for doing business 
    with small, small disadvantaged, and women-owned firms. Where funds are 
    available, an incentive clause such as that found in FAR 52.219-10, 
    Incentive Subcontracting Program for Small and Small Disadvantaged 
    Business Concerns, is encouraged.
        91. Section 619.705-3 is amended by adding the following sentence:
    
    
    619.705-3  Preparing the solicitation.
    
        * * * To further promote the use of small, disadvantaged, and 
    women-owned firms by large prime contractors, contracting officers are 
    encouraged to consider the adequacy of the subcontracting plans, and/or 
    past performance in achieving negotiated subcontract goals, as part of 
    the overall evaluation of the technical proposals.
    
    
    619.705-6-70  [Amended]
    
        92. Section 619.705-6-70 is amended by removing the word 
    ``quarterly'' wherever it appears in paragraph (b) and inserting the 
    words ``annually'' and ``annual'' in its place, respectively.
        93. Section 619.708-70 is added to read as follows:
    
    
    619.708-70  Solicitation provisions and contract clauses.
    
        The contracting officer shall insert a provision substantially the 
    same as the provision at 652.219-70, Department of State Subcontracting 
    Goals, in solicitations whenever the clause at FAR 52.219-9, Small 
    Business and Small Disadvantaged Business Subcontracting Plan, is used.
        94. Section 619.801 is revised to read as follows:
    
    
    619.801  Definitions.
    
        National buy requirements includes all 8(a) contracts performed 
    outside the United States and processed by the Small Business 
    Administration.
        95. Sections 619.810 and 619.812 are added to read as follows:
    
    
    619.810  SBA appeals.
    
        The Procurement Executive is the agency head for the purposes of 
    FAR 19.810.
    
    
    619.812  Contract administration.
    
        (d) The Procurement Executive is the agency head for the purposes 
    of FAR 19.812(d).
        96. Section 619.870 is amended in paragraph (b) by revising the 
    first sentence and by adding a new second sentence to read as follows:
    
    
    619.870  Acquisition of technical requirements.
    
        (a)* * *
        (b) The contracting officer has greater latitude in holding 
    discussions with the concerns solicited under an 8(a) program 
    acquisition if under the $3 million competitive threshold for 8(a) 
    competition than under a non-8(a) program acquisition. Informal 
    assessments of 8(a) concerns shall be within the parameters of 13 CFR 
    124.308(g). * * *
    
    PART 622--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
    
        97. and 98. Section 622.401 is added to read as follows:
    
    
    622.401  Definitions.
    
        (b) Apprentices, trainees, helpers, and, in the case of contracts 
    subject to the Contract Work Hours and Safety Standards Act, watchmen 
    and guards. The terms apprentice and trainee are defined as follows:
        (1) Apprentice has the same definition as in FAR 22.401(b)(1).
        (2) Trainee has the same definition as in FAR 22.401(b)(2).
        (3) The definition for helper as described in FAR 22.401 paragraph 
    (b)(3) of the definition of Laborers or mechanics) is reserved.
        99. Section 622.404-6 is amended by adding a new paragraph (b)(6) 
    to read as follows:
    
    
    622.404-6  Modifications of wage determinations.
    
    * * * * *
        (b)(6) The head of the contracting activity is the agency head's 
    designee for the purposes of FAR 22.404-6(b)(6).
        100. Section 622.406-3 is added to read as follows:
    
    
    622.406-3  Additional classifications.
    
        (b)(1) The classification is appropriate and the work to be 
    performed by the classification is not performed by any classification 
    contained in the applicable wage determination.
        (4) FAR 22.406-3 is reserved.
    
    PART 623--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
    FREE WORKPLACE
    
        101. and 102. Subparts 623.3 and 623.4 are added to read as 
    follows:
    
    Subpart 623.3--Hazardous Material Identification and Material 
    Safety Data
    
    
    623.302-70  Policy.
    
        All work, including the handling of hazardous materials, shall 
    comply with the applicable requirements of the Department of State 
    Safety/Health and Environmental Management Resource Guide (6 FAM 
    607.7). Requirements offices shall ensure that any contractor 
    operations and activities, whether sponsored by the post or other 
    Department organization, are closely coordinated with the Post 
    Occupational Safety and Health Officer during both planning and 
    implementation phases.
    
    Subpart 623.4--Use of Recovered Materials
    
    Sec.
    623.470  Affirmative procurement program for recovered materials.
    623.471  Purpose.
    623.472  Applicability.
    623.473  Definitions.
    623.474  EPA guidelines.
    623.475  Responsibilities.
    623.476  Preference programs for guideline items.
    623.476-1  Preference program for the purchase of cement and 
    concrete containing fly ash.
    623.476-2  Preference program for building insulation products 
    containing recovered materials.
    623.476-3  Preference program for lubricating oils containing 
    recovered materials.
    623.476-4  Preference program for retread tires.
    623.476-5  Preference program for paper and paper products 
    containing recovered materials.
    623.477  Promotion program.
    623.478  Evaluation and certification.
    623.479  Annual review and monitoring.
    623.480  Solicitation provisions and contract clauses.
    
    Subpart 623.4--Use of Recovered Material
    
    
    623.470  Affirmative procurement program for recovered materials.
    
    
    623.471  Purpose.
    
        This section establishes the Department of State's Affirmative 
    Procurement Program for Recovered Materials in accordance with Section 
    6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 
    6962, Pub. L. 94-580). Section 6002 requires that each agency develop 
    an affirmative procurement plan to assure that items composed of 
    recovered materials will be purchased to the maximum extent practical 
    and which is consistent with Federal procurement law. It requires that 
    preference be given in procurement programs to the purchase of items 
    containing recycled materials identified in guidelines promulgated by 
    the Environmental Protection Agency (EPA). Executive Order 12780, 
    Federal Agency Recycling and the Council on Federal Recycling and 
    Procurement Policy, directed implementation of cost effective 
    affirmative procurement programs for recycled items.
    
    
    623.472  Applicability.
    
        The affirmative procurement program is applicable to all domestic 
    acquisition of items currently designated by an EPA guideline or by 
    future guidelines promulgated by EPA. The requirements of this section 
    are not applicable to acquisitions made and/or performed outside the 
    United States or its possessions.
    
    
    623.473  Definitions.
    
        Affirmative procurement program is a program which ensures that 
    items composed of recovered materials will be purchased to the maximum 
    extent practicable, consistent with Federal procurement law. There are 
    four components to an affirmative procurement program:
        (1) A preference program;
        (2) A promotion program;
        (3) Procedures for requiring, obtaining and verifying estimates and 
    certifications of recovered materials content; and
        (4) An annual review and monitoring.
        Designated item is an item that has been designated in an EPA 
    procurement guideline as an item that is or can be produced using 
    recovered materials whose procurement will advance the purpose of RCRA.
        Minimum-content standard is the minimum content of recovered 
    materials that a designated item must contain pursuant to 
    specifications implementing the Department's preference program.
        Postconsumer recovered materials are waste materials recovered from 
    retail stores, office buildings, homes and so forth after they have 
    passed through their end usage as a consumer item. Waste paper includes 
    all items from the first two categories above in addition to forest 
    residues, and manufacturing and other wastes.
        Procurement guidelines are guidelines issued by the EPA pursuant to 
    Section 6002 of RCRA:
        (1) Identifying items that are or can be produced with recovered 
    materials and where procurement will advance the objectives of the Act; 
    and
        (2) Providing recommended practices for the procurement of such 
    items.
        Recovered materials are waste materials and by-products that have 
    been recovered or diverted from solid waste, not including those 
    materials and by-products generated from, and commonly reused within, 
    an original manufacturing process.
        Unreasonable price is the price for products containing recovered 
    materials which exceeds alternatives made with virgin materials by 10 
    percent or more, and which the requirements office initiating the 
    acquisition substantiates as exorbitant.
    
    
    623.474  EPA guidelines.
    
        (a) The EPA has published five guidelines that designate the 
    following items are or can be produced using recovered materials. 
    Accordingly, contracting activities shall procure items produced using 
    recovered materials to the maximum extent possible when procuring these 
    designated items:
        (1) Cement and concrete containing fly ash, 40 CFR part 249, 
    January 28, 1983;
        (2) Paper and paper products, 40 CFR part 250;
        (3) Lubricating oils, 40 CFR part 252;
        (4) Retread tires, 40 CFR part 253; and,
        (5) Building insulation products, 40 CFR part 248.
        (b) Copies of these guidelines, as well as future guidelines 
    promulgated by EPA, may be obtained by calling EPA's Recycled Products 
    Information Clearinghouse at (703) 941-4452.
        (c) These guidelines are applicable when the Department purchases 
    more than $10,000 worth of a designated item, or if the cost of all 
    such items purchased by the Department during the preceding Fiscal Year 
    was $10,000 or more.
    
    
    623.475  Responsibilities.
    
        (a) The requirements office initiating an acquisition is 
    responsible for determining whether recovered materials should be 
    included in the specifications. Requirements offices may purchase items 
    subject to the guidelines containing other than recovered materials 
    only if:
        (1) The price of items with recovered materials is unreasonable;
        (2) The requirement for items produced with recovered materials 
    results in inadequate competition or adversely affects small business 
    or the Department's metrication program;
        (3) Obtaining items with recovered materials results in unusual and 
    unreasonable delays; or,
        (4) Items produced with recovered materials do not meet all 
    reasonable performance specifications.
        (b) If the requirements office chooses to procure designated items 
    that do not contain recovered materials, a written justification must 
    be submitted to the contracting officer.
    
    
    623.476  Preference programs for guideline items.
    
    
    623.476-1  Preference program for the purchase of cement and concrete 
    containing fly ash.
    
        Domestic contracts requiring the purchase of cement and concrete 
    shall specify the performance requirements of the products required 
    under the contract using appropriate standards/specifications when 
    available. Consistent with such performance specifications, such 
    contracts shall allow the contractor to deliver cement and concrete 
    products that contain fly ash, a component of coal resulting from its 
    combustion in electrical generating plants. Architects/Engineers shall 
    specify performance requirements for the concrete to be supplied.
    
    
    623.476-2  Preference program for building insulation products 
    containing recovered materials.
    
        Minimum content standards for building insulation products have 
    been established by EPA guidelines. Domestic contracts for the design 
    of structures that will utilize building insulation products shall 
    require that the Architect/Engineer include, as a design consideration, 
    the Department preference for the use of building insulation produced 
    with recovered materials. Such contracts shall require that the 
    Architect/Engineer specify the type of building insulation products to 
    be supplied and shall require the Architect/Engineer to justify, in 
    writing, the basis of the selected product type if it is not in 
    accordance with the EPA guideline.
    
    
    Sec. 623.476-3  Preference program for lubricating oils containing 
    recovered materials.
    
        Contracts requiring the supply of lubricating oils, hydraulic 
    fluids and gear oils shall require that products conform to the EPA 
    guideline.
    
    
    623.476-4  Preference program for retread tires.
    
        Contracts requiring replacement tires for automobiles, light and 
    heavy trucks and trailers, and off-road tires shall specify that 
    retreading services shall be obtained if the carcass is retreadable. If 
    such retreading services are not practicable, replacement tires shall 
    be procured in accordance with the EPA guideline.
    
    
    623.476-5  Preference program for paper and paper products containing 
    recovered materials.
    
        (a) All contracts requiring the purchase of paper and paper 
    products shall require that paper and paper products delivered to the 
    Department meet the EPA guideline for recycled paper.
        (b) Contracting officers shall require contractors to use recycled 
    paper when submitting reports and other deliverables to the Department, 
    when feasible.
        (c) Contracting officers shall require offerors/bidders to submit 
    proposals/bids on recycled paper, double-sided copying to the maximum 
    extent practicable.
    
    
    623.477  Promotion program.
    
        Items composed of recovered materials shall be purchased under all 
    new domestic contracts to the maximum extent practicable. Contracting 
    officers shall promote the fact that the Department is seeking to buy 
    items containing recovered materials at pre-proposal and pre-bid 
    conferences when appropriate.
    
    
    623.478  Evaluation and certification.
    
        (a) Contracting officers shall ensure that vendors estimate in 
    their offers/bids the percentage of recovered materials of the total 
    content of designated items to be used under the contract.
        (b) Contracting officers shall ensure that contractors certify the 
    percentage of recovered materials contained in designated items 
    actually supplied under the contract.
    
    
    623.479  Annual review and monitoring.
    
        The effectiveness of the preference program shall be reviewed 
    annually by A/OPE. An assessment will be made to determine if greater 
    use of recovered material is possible for the existing requirements or 
    if recovered materials are causing undue delay, lack of competition, 
    unreasonable prices or an unacceptable level of performance.
    
    
    623.480  Solicitation provisions and contract clauses.
    
        (a) The contracting officer shall insert the provision at 652.223-
    70, Estimates of the Total Percentage of Recovered Materials to be 
    Utilized in the Performance of the Contract, in all domestic 
    contracting activity solicitations using recovered materials in the 
    performance of the work.
        (b) The contracting officer shall insert the clause at 652.223-71, 
    Certification of Minimum Content Actually Utilized in the Performance 
    of the Contract, in all domestic contracts requiring the use of 
    recovered materials.
        (c) The contracting officer shall insert the provision at 652.223-
    72, Use of Double-Sided Copying in the Submission of Bids or Proposals, 
    in all domestic solicitations for supplies or services.
        (d) The contracting officer shall insert the clause at 652.223-73, 
    Use of Double-Sided Copying in the Submission of Reports, in all 
    domestic contracts for supplies or services.
        (e) The contracting officer shall insert the clause at 652.223-74, 
    Use of Fly Ash as a Partial Replacement for Cement and Concrete, in all 
    domestic contracts for Architect/Engineer services for the design of 
    structures or works that will use cement and concrete products, unless 
    the requirements office provides a written justification for using 
    virgin materials.
        (f) The contracting officer shall insert the clause at 652.223-75, 
    Use of Recovered Materials in Building Insulation Products, in all 
    domestic contracts for Architect/Engineer services for the design of 
    structures or works that will utilize or incorporate building 
    insulation products containing recovered materials, unless the program 
    office provides a written justification for using virgin materials.
        (g) The contracting officer shall insert the clause at 652.223-76, 
    Use of Lubricating Oils Containing Re-Refined Oils, in all domestic 
    contracts that require the delivery of lubricating oils, unless the 
    program office provides a written justification for using virgin 
    materials.
        (h) The contracting officer shall insert the clause at 652.223-77, 
    Use of Retread Tires, in all domestic contracts that require the 
    replacement of tires for automobiles, light and heavy trucks and 
    trailers, and off-road vehicles, unless the program office provides a 
    written justification for not using retread tires. This clause does not 
    apply to the purchase of original equipment tires.
        (i) The contracting officer shall insert the clause at 652.223-78, 
    Use of Recovered Materials in Paper and Paper Products, in all domestic 
    contracts that require the delivery of reports or other paper products, 
    unless the program office provides a written justification for the use 
    of virgin materials.
    
    PART 625--FOREIGN ACQUISITION
    
        103. and 104. Section 625.102 is revised to read as follows:
    
    
    625.102  Policy.
    
        (a)(3) The authority to make the determination prescribed in FAR 
    25.102(a)(3) is delegated, without power of redelegation, to the head 
    of the contracting activity.
        (b)(2) The authority to make the determination prescribed in FAR 
    25.102(b)(2) is delegated, without power of redelegation, to the head 
    of the contracting activity.
    
    
    625.108  [Amended]
    
        105. Section 625.108 is amended by removing the words ``The Office 
    of the Procurement Executive'' and inserting the acronym ``A/OPE'' in 
    their place.
        106. Section 625.202 is revised to read as follows:
    
    
    625.202  Policy.
    
        (a)(2) The authority to make the determination prescribed in FAR 
    25.202(a)(2) is delegated, without power of redelegation, to the head 
    of the contracting activity.
        (b) The authority to make the determination prescribed in FAR 
    25.202(b) is delegated, without power of redelegation, to the head of 
    the contracting activity.
        107. Section 625.203 is added to read as follows:
    
    
    625.203  Evaluating offers.
    
        The head of the contracting activity is the agency head for the 
    purposes of FAR 25.203 (a) and (b).
    
    
    625.304  [Amended]
    
        108. Section 625.304 is amended by adding after ``activity'' the 
    words ``without power of redelegation''.
        109. Section 625.901 is revised to read as follows:
    
    
    625.901  Omission of examination of records clause.
    
        (a) The Procurement Executive is the agency head for the purposes 
    of FAR 25.901.
        (b) Each determination and findings to omit FAR clause 52.215-1, 
    Examination of Records by Comptroller General, shall be prepared in 
    writing by the contracting officer and submitted to the Procurement 
    Executive for approval.
        (c) The Procurement Executive shall forward the approved 
    determination and findings to the requesting contracting activity for 
    inclusion in the contract file, or inform the contracting activity in 
    writing if the determination and findings is not approved, as 
    appropriate.
        (1)(ii) The report required by FAR 25.901(c)(1)(ii) shall be 
    prepared and forwarded to the Assistant Secretary of State for 
    Administration by the Procurement Executive.
    
    Subpart 625.10 (625.1003)--[Removed]
    
        110. Subpart 625.10, consisting of section 625.1003, is removed.
    
    PART 627--PATENTS, DATA, AND COPYRIGHTS
    
        111. and 112. Part 627 is added, to read as follows:
    
    PART 627--PATENTS, DATA, AND COPYRIGHTS
    
    Subpart 627.2--Patents
    
    Sec.
    627.203  Patent indemnification of Government by contractor.
    627.203-6  Clause for Government waiver of indemnity.
    
    Subpart 627.3--Patent Rights Under Government Contracts
    
    627.303  Contract clauses.
    627.304  Procedures.
    627.304-1  General.
    627.304-5  Appeals.
    
    Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
    
    Subpart 627.2--Patents
    
    
    627.203  Patent indemnification of Government by contractor.
    
    
    627.203-6  Clause for Government waiver of indemnity.
    
        The Procurement Executive is the agency head's designee for the 
    purposes of FAR 27.203-6.
    
    Subpart 627.3--Patent Rights Under Government Contracts
    
    
    627.303  Contract clauses.
    
        The Procurement Executive is the agency head's designee for the 
    purposes of FAR 27.303. Determinations issued by the Procurement 
    Executive shall be reviewed by the Office of the Legal Adviser.
    
    
    627.304  Procedures.
    
    
    627.304-1  General.
    
        The Procurement Executive is the agency head's designee for the 
    purposes of FAR 27.304-1. Questions regarding fact-finding procedures 
    as specified in FAR 27.304-1(a)(4) shall be referred to A/OPE. 
    Determinations issued by the Procurement Executive shall be reviewed by 
    the Office of the Legal Adviser.
    
    
    627.304-5  Appeals.
    
        The Procurement Executive is the agency head's designee for the 
    purposes of FAR 27.304-5. Questions regarding the appeals procedure as 
    specified in FAR 27.304-5(b) shall be referred to A/OPE.
    
    PART 628--BONDS AND INSURANCE
    
        113. Part 628 is amended by adding Subparts 628.1, 628.2, and 
    628.3, to read as follows:
    
    Subpart 628.1--Bonds
    
    628.101  Bid guarantees.
    628.101-1  Policy on use.
    628.106-6  Furnishing information.
    
    Subpart 628.2--Sureties
    
    628.203  Acceptability of individual surety.
    628.203-7  Exclusion of individual sureties.
    
    Subpart 628.3--Insurance
    
    628.305  Overseas workers' compensation and war-hazard insurance.
    628.306  Insurance under fixed-price contracts.
    628.307  Insurance under cost-reimbursement contracts.
    628.307-70  Insurance under labor-hour and time-and-materials 
    contracts.
    
    Subpart 628.1--Bonds
    
    
    628.101  Bid guarantees.
    
    
    628.101-1  Policy on use.
    
        (c) The Procurement Executive is the agency head's designee for the 
    purpose of FAR 28.101-1(c).
    
    
    628.106-6  Furnising information.
    
        (c) The head of the contracting activity is the agency head's 
    designee for the purpose of FAR 28.106-6(c).
    
    Subpart 628.2--Sureties
    
    
    628.203  Acceptability of individual surety.
    
        (g) Evidence of possible criminal or fraudulent activities by an 
    individual surety shall be referred to the Office of the Inspector 
    General.
    
    
    628.203-7  Exclusion of individual sureties.
    
        The Procurement Executive is the agency head's designee for the 
    purposes of FAR 28.203-7.
    
    Subpart 628.3--Insurance
    
    
    628.305  Overseas workers' compensation and war-hazard insurance.
    
        (a) It is the Department's policy that acquisitions for services, 
    including construction but excluding personal services contracts, which 
    require contractor personnel to perform work outside of the United 
    States, shall include the contractual obligation for coverage under the 
    Defense Base Act (42 U.S.C. Sections 1651-1654, as amended). For the 
    purpose of this section only, contractor personnel includes individuals 
    who are either:
        (1) United States citizens, or
        (2) Hired in the United States or its possessions.
        (b) The Department of State has entered into a contract with an 
    insurance broker and carrier to provide Defense Base Act insurance, at 
    a fixed rate for services and construction, to cover DOS contracts 
    which will require performance overseas by United States citizens or 
    those employed in the United States. In countries where local nationals 
    and/or third country nationals will be employed to perform the 
    contract, such countries may be waived by the Secretary of Labor. 
    Whenever such insurance is required under the contract, the contracting 
    officer shall insert:
        (1) The clause at 652.228-71, Worker's Compensation Insurance 
    (Defense Base Act)--Services;
        (2) The clause at 652.228-72, Worker's Compensation Insurance 
    (Defense Base Act)--Construction; and
        (3) The clause at 652.228-73, Waiver of Defense Base Act.
        (c) Upon award of a contract which requires Defense Base Act 
    insurance, the contracting officer shall notify the successful offeror 
    of the name of the insurance broker from which the contractor should 
    acquire insurance.
        (d) The authority to request a waiver from the Secretary of Labor 
    of a particular country, as set forth in FAR 28.305(d), is reserved to 
    the Secretary of State.
    
    
    628.306  Insurance under fixed-price contracts.
    
        (a) The contracting officer shall insert the provision at:
        (1) 652.228-74, Defense Base Act Insurance Rates--Limitation--
    Services, in solicitations for fixed-price service contracts to be 
    performed outside the United States by United States citizens and/or 
    those hired in the United States; or
        (2) 652.228-75, Defense Base Act Insurance Rates--Limitation--
    Construction, in solicitation for fixed-price construction contracts to 
    be performed outside the United States by United States citizens and/or 
    those hired in the Untied States.
    
    
    628.307  Insurance under cost-reimbursement contracts.
    
        The contracting officer shall insert the provision at 652.228-76, 
    Defense Base Act Insurance Rates--Limitation--Cost--Reimbursement, in 
    solicitations for cost-reimbursement type contracts to be performed 
    outside the Untied States by United States citizens and/or those hired 
    in the United States.
    
    
    628.307-70  Insurance under labor-hour and time-and-materials 
    contracts.
    
        The contracting officer shall insert the provision at 652.228-77, 
    Defense Base Act Insurance Rates--Limitation--Labor-Hour and Time-and-
    Material, in solicitations for labor-hour or time-and-material type 
    contracts to be performed outside the United States by United States 
    citizens and/or those hired in the United States.
    
    PART 631--CONTRACT COST PRINCIPLES AND PROCEDURES
    
        114.-116. Part 631 is added to read as follows:
    
    PART 631--CONTRACT COST PRINCIPLES AND PROCEDURES
    
        Authority: 40 U.S.C. 486 (c); 22 U.S.C. 2658.
    
    Subpart 631.1--Applicability
    
    
    631.101  Objectives.
    
        The Procurement Executive is the agency head's designee for the 
    purposes of FAR 31.101.
    
    PART 632--CONTRACT FINANCING
    
    Subpart 632.1 (632.111, 632.111-70)--[Removed]
    
        117. and 118. Subpart 632.1, consisting of sections 632.111 and 
    632.111-70, is removed.
        119. Section 632.402 is amended by designating the existing text as 
    paragraph (c)(1)(iii), and by adding a new paragraph (b) to read as 
    follows:
    
    
    632.402  General.
    
        (b) Advance payments shall be authorized sparingly. Contracting 
    officers should consider the use of partial payments, fast payments, or 
    more frequent payments as alternatives to advance payments.
    * * * * *
        120. Section 632.407 is added to read as follows:
    
    
    632.407  Interest.
    
        (d) The Procurement Executive is the agency head's designee for the 
    purposes of FAR 32.407(d).
        121. Subparts 632.7 and 632.8 are adding to read as follows:
    
    Subpart 632.7--Contracting Funding
    
    
    632.703  Contracting funding requirements.
    
    
    632.703-3  Contracts crossing fiscal years.
    
        (a) The State Department Basic Authorities Act of 1956, as amended 
    (22 U.S.C. 2696 (e)), allows funds from annual appropriations to extend 
    beyond the fiscal year in which the acquisition was funded. This 
    authority may be used for acquisitions of supplies or services, 
    regardless of dollar amount or contract type. Use of this authority 
    requires that:
        (1) The acquisition normally would be considered severable (i.e., 
    the services are repetitive and can be started or stopped any time; 
    would normally be funded and performed within a fiscal year; and are 
    not services integral to the creation of an end product. An example is 
    janitorial services.);
        (2) The base performance period is twelve months, begins in the 
    current fiscal year, and crosses into the next fiscal year; and,
        (3) Full funding for twelve months is available in the current 
    year.
        (b) If the acquisition involves more than one source of funds, the 
    contract shall be priced to identify the source of funds (by allotment) 
    with the relevant portion of the total supplies or services. For 
    current Department contracts, bilateral modifications are authorized 
    where necessary to convert to a performance period that crosses fiscal 
    years, as long as the requisite funding is available as described in 
    paragraph (a), and provided that the total contract length does not 
    increase.
        (c) Use of this authority shall be documented in the contract file 
    and be included as part of the Advance Acquisition Plan and Price 
    Negotiation Memorandum. If neither document is relevant to the 
    acquisition, the contracting officer shall prepare a written document 
    to the file indicating compliance with this subsection.
        (d) For acquisitions conducted by overseas posts that are funded by 
    another agency, the contracting officer shall ensure that funding for 
    the full twelve-month period is available at time of award if the 
    authority in 22 U.S.C. 2696(e) will be used.
    
    Subpart 632.8--Assignment of Claims
    
    
    632.803  Policies.
    
        (b) The assignment of claims shall be prohibited for all personal 
    services contracts. The assignment of claims shall also be prohibited 
    for all contracts awarded and performed overseas, unless approval is 
    received from the Procurement Executive.
    
    Subpart 632.9--Prompt Payment
    
        122. Section 632.908 is added to read as follows:
    
    
    632.908  Contract clauses.
    
        (a) The contracting officer may insert a clause substantially the 
    same as the clause at 652.232-70, Payment Schedule and Invoice 
    Submission (Fixed-Price), in fixed-price type solicitations and 
    contracts.
        (b) The contracting officer may insert a clause substantially the 
    same as the clause at 652.232-71, Voucher Submission (Cost-
    Reimbursement), in cost-reimbursement type solicitations and contracts.
    
    PART 633--PROTESTS, DISPUTES AND APPEALS
    
    
    633.104  [Amended]
    
        123. Section 633.104 is amended by removing the introductory text 
    and the parenthetical ``(see 601.603-70)'' in the first sentence of 
    paragraph (a)(1); and by revising the phrase ``Deputy Assistant 
    Secretary for Information Systems'' to read ``Deputy Assistant 
    Secretary for Information Management'' in the second sentence of 
    paragraph (a)(1).
    
    
    633.105  [Amended]
    
        124. Section 633.105 is amended by removing the introductory text 
    and by revising the phrase ``Deputy Assistant Secretary for Information 
    Systems'' to read ``Deputy Assistant Secretary for Information 
    Management'' in the first sentence of paragraph (a) and the second 
    sentence of paragraph (c).
        125. Section 633.214-70 is added to read as follows:
    
    
    633.214-70  Alternative dispute resolution.
    
        (a) Policy. The Department's goal is to resolve contract disputes 
    before the issuance of a contracting officer's final decision under the 
    Contract Disputes Act. Contracting officers shall consider all possible 
    means of reaching a negotiated settlement, consistent with the 
    Government's best interests, before issuing a final decision on a 
    contractor claim under the process outlined in FAR 33.206 through 
    33.211.
        (b) When to use ADR. (1) Factors favoring ADR. Contracting officers 
    should consider using ADR in those cases where:
        (i) Only facts are in dispute;
        (ii) The facts are clearly not favorable to the Government;
        (iii) The anticipated costs (in time and money) are less than the 
    anticipated costs of litigation;
        (iv) Settlement attempts have reached an impasse;
        (v) ADR techniques have been used successfully in similar 
    situations;
        (vi) There is a need for independent expert analysis; or,
        (vii) The claim has merit but its value is overstated.
        (2) Factors disfavoring ADR. The following circumstances do not 
    favor use of ADR:
        (i) Cases involving disputes controlled by clear legal precedent, 
    making compromise difficult;
        (ii) The resolution will have a significant impact on other pending 
    cases or on the future conduct of Department business;
        (iii) The dispute is primarily over issues of law;
        (iv) A decision of precedential value is needed;
        (v) A significant policy question is involved;
        (vi) A full public record of the proceeding is important;
        (vii) The outcome could significantly involve persons who are not 
    parties to the contract;
        (viii) The costs of pursuing an ADR procedure (in time and money) 
    exceed the cost of litigation;
        (ix) The nature of the case may cause ADR to be used merely for 
    delay or discovery; or,
        (x) The case involves criminal violations.
        (3) Initial action. Immediately upon receipt of a claim, the 
    contracting officer shall send a letter acknowledging receipt of the 
    claim and soliciting the contractor's views on submitting this claim 
    for ADR. In every dispute, the first step toward resolution shall be 
    unassisted negotiations, in which the parties try to work out the 
    disagreement among themselves. If this fails, before issuing a final 
    decision, the contracting officer shall consult first with the head of 
    the contracting activity, and contract the Office of the Legal Adviser 
    and A/OPE to determine whether the disagreement appears susceptible to 
    resolution by ADR. Consideration shall be given to pursuing additional 
    factfinding or designating a neutral expert in the disputed issue to 
    provide an advisory opinion.
        (c) Methods of ADR. If the initial action to resolve the dispute 
    fails, and the contracting officer issues a final decision which is 
    appealed, ADR may still be feasible. The ASBCA issues a notice 
    regarding ADR to all contractors who file appeals under the Contract 
    Disputes Act. This notice describes the following ADR techniques, which 
    contracting officers are urged to discuss with contractors at any time:
        (1) Settlement judge. A settlement judge is either an 
    administrative judge or hearing examiner who is appointed by the 
    parties in dispute for the purpose of facilitating settlement. The 
    agenda is flexible and based on the specifics of the individual 
    dispute. By holding a frank, in-depth discussion of the strengths and 
    weaknesses of each party's position, the settlement judge may be able 
    to foster a settlement of the dispute. The settlement judge may meet 
    with the parties jointly or individually, and the settlement judge's 
    recommendations are not binding. Typically, the settlement judge's 
    opinions, based on his or her experience in handling prior disputes, 
    will help the parties realize whether their arguments have merit or 
    not.
        (2) Minitrial. A minitrial is not an actual trial but rather a 
    flexible, expedited, but structured procedure in which each party 
    presents an abbreviated version of its position both to a neutral 
    advisor (who may be appointed by the ASBCA) and to principals of the 
    parties who have full contractual authority to conclude a settlement. 
    The parties mutually decide on the form of presentation without regard 
    to traditional judicial proceedings or rules of evidence. An advance 
    agreement by the parties specifies the procedure to be followed in 
    making presentations, as well as the role of the neutral advisor. Upon 
    conclusion of the presentations, settlement negotiations are conducted. 
    The neutral advisor may assist the parties in negotiating settlement, 
    including making non-binding recommendations.
        (3) Summary trial with binding decision. A summary trial with 
    binding decision is a procedure in which the scheduling of an appeal is 
    expedited and the parties try their appeal informally before an 
    administrative judge or panel of judges. The length of the trial and 
    the time for presentation and decision are tailored to the needs of the 
    particular case. Trial procedures and rules applicable to appeals are 
    modified or eliminated to expedite resolution of the appeal. The 
    parties must agree, however, that all decisions, rulings, and orders by 
    the judge(s) are final, conclusive, and not appealable, and may not be 
    set aside, except for fraud. A summary ``bench'' decision is issued at 
    the conclusion of the trial or a summary written decision will be 
    issued within ten (10) days of either the trial's conclusion or receipt 
    of a trial transcript.
        (4) Mediation. Mediation is a process in which a neutral and 
    impartial third party assists the Government and the contractor in 
    conflict to negotiate an acceptable settlement of contested issues. The 
    mediator is jointly selected and is asked by the disputing parties to 
    assist them to reach a voluntary agreement. The mediator has no 
    decisionmaking authority and cannot impose a decision. Mediation 
    assistance involves working with the parties to improve their 
    communications, clarify or interpret data, identify key issues to be 
    discussed, design an effective negotiation process, generate settlement 
    options, or help to identify or formulate areas of agreement. 
    Additional information is available in Army Corps of Engineers IWR 
    Pamphlet 91-ADR-P-3, Mediation, September 1991; and Administrative 
    Conference of the U.S., Mediation: A Primer for Federal Agencies, 
    available from A/OPE.
        (5) Arbitration. Non-binding arbitration is a process in which a 
    dispute is jointly submitted by the Government and a contractor to an 
    impartial and neutral person or panel who provides a written, non-
    binding opinion used as a guide for negotiations toward a settlement. 
    Although the Administrative Dispute Resolution Act of 1990 (Pub. L. 
    101-552) allows agencies to use binding arbitration, the law provides 
    that the agency head may vacate any arbitration award within 30 days 
    after it is served on all parties. For this reason, non-binding 
    arbitration is preferable. Additional information is available in Army 
    Corps of Engineers IWR Pamphlet 91-ADR-P-2, Non-Binding Arbitration, 
    September 1990, available from A/OPE.
        (6) Partnering. Partnering involves an agreement in principle to 
    share the risks involved in completing a project, and to establish and 
    promote a partnership environment. Partnering itself is not a 
    contractual agreement and it does not create any legally enforceable 
    rights, but instead partnering seeks to create a new cooperative 
    attitude in completing Government contracts. The three basic steps in 
    partnering are:
        (i) Establish the new relationship through personal contact among 
    the principals for the Government and the contractors before the work 
    begins;
        (ii) Prepare a joint statement of goals establishing common 
    objectives in specific detail for reaching the goals; and,
        (iii) Identify specific dispute prevention processes designed to 
    head off problems, evaluate performance, and promote cooperation. 
    Additional information is available in Army Corps of Engineers IWR 
    Pamphlet 91-ADR-P-4, Partnering, December 1991, available from A/OPE.
        (d) ADR procedures. The ADR method shall be selected voluntarily by 
    both the Government and the contractor. Both parties shall agree on the 
    procedures to be followed, including the agenda and amount of time 
    allowed for each party to present its case. The parties may choose not 
    to have a written transcript or hearing on the record, as this might 
    inhibit settlement. Also, the decision rendered, if any, should not be 
    considered to establish any precedent for future litigation unless the 
    parties agree otherwise. In cases where the parties agree to pay 
    jointly for a third-party neutral advisor, it is recommended that the 
    parties and the advisor agree on a fair and reasonable price. The 
    Government would then issue a simplified acquisition (if the dollar 
    amount does not exceed the simplified acquisition limitation) for 50% 
    of the agreed price, and the advisor would submit separate invoices 
    (each for 50% of the price) to the Government and the contractor.
    
    SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
    
    PART 634--MAJOR SYSTEMS ACQUISITION
    
    
    634.001  [Amended]
    
        126. and 127. Section 634.001 is amended by removing 
    ``$10,000,000'' and inserting ``$30,000,000'' in its place in paragraph 
    (b); and by removing the words ``agency head'' and inserting ``Under 
    Secretary for Management'' in their place in the first sentence of 
    paragraph (c).
        128. Section 634.001-70 is amended by adding the following 
    definition:
    
    
    634.001-70  Supplemental definitions.
    
    * * * * *
        Major Acquisition Program Office (A/IM/MAPO) is located within the 
    Office of Information Management. It has managerial and operational 
    responsibilities relative to all major information resource 
    acquisitions.
        129. Section 634.003 is amended by revising paragraph (a) to read 
    as follows; and, by removing the words ``The Deputy Assistant Secretary 
    for Operations'' and inserting ``The Under Secretary for Management'' 
    in their place in paragraph (b):
    
    
    634.003  Responsibilities.
    
        (a) The Procurement Executive is the agency head's designee for the 
    purposes of FAR 34.003(a). Written procedures for acquiring Federal 
    Information Processing (FIP) resources by A/IM/MAPO are contained in 
    the ``Source Selection Procedures Guide'', issued by that Office.
    * * * * *
        130. Sections 634.005 and 634.005-6 are added to read as follows:
    
    
    634.005  General requirements.
    
    
    634.005-6  Full production.
    
        The Deputy Secretary is the agency head for the purposes of FAR 
    34.005-6.
    
    PART 636--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
    
    
    636.101-70  [Amended]
    
        131. and 132. Section 636.101-70 is amended by removing the words 
    ``are excepted'' and inserting the words ``may be excepted'' in their 
    place.
        133. Section 636.602 is revised to read as follows:
    
    
    636.602  Selection of firms for architect-engineer contracts.
    
    
    636.602-4  Selection authority.
    
        (a) The final selection decision shall be made as designated by the 
    Deputy Assistant Secretary for Foreign Buildings Operations for 
    acquisitions issued by that office; the Director, Moscow Embassy 
    Buildings Control Office, for Moscow chancery building(s) only; and, 
    the appropriate head of the contracting activity for all other actions.
    
    
    636.602-5  Short selection processes for contracts not to exceed the 
    simplified acquisition limitation.
    
        The short selection process described in FAR 36.602-5 is authorized 
    for use for contracts not expected to exceed the simplified acquisition 
    limitation.
    
    PART 637--SERVICE CONTRACTING
    
    
    637.104-70  [Amended]
    
        134. and 135. Section 637.104-70 is amended by adding the words 
    ``and the Moscow Embassy Control Office'' after ``For the Office of 
    Foreign Buildings'' in paragraph (f).
        136. Section 637.106 is added to read as follows:
    
    
    637.106  Funding and term of service contracts.
    
        The Department's statutory authority for authorizing contracts for 
    services funded by annual appropriations to be performed in two fiscal 
    years, if the total amount for such contracts is obligated in the 
    earlier fiscal year, is 22 U.S.C. 2696(e). See DOSAR 632.703-3.
        137. Section 637.110 is revised to read as follows:
    
    
    637.110  Solicitation provisions and contract clauses.
    
        (a) The contracting officer shall insert the clause at 652.237-70, 
    Compensatory Time Off, in personal services contracts awarded in 
    support of International Narcotics Control programs overseas, if the 
    contracting officer determines its use appropriate.
        (b) The contracting officer shall insert the clause at 652.237-71, 
    Identification/Building Pass, in all solicitations and contracts where 
    contractor personnel require frequent and continuing access to 
    Department of State facilities.
        (c) The contracting officer shall insert a clause substantially the 
    same as the clause at 652.237-72, Observance of Legal Holidays and 
    Administrative Leave, in all solicitations and contracts where 
    contractor personnel will be working on-site in any Department of State 
    facility.
    
    Subpart 637.2 (637.204, 637.204-70, 637.270)--[Removed]
    
        138. Subpart 637.2, consisting of sections 637.204, 637.204-70, and 
    637.270, is removed.
    
    PART 639--ACQUISITION OF INFORMATION RESOURCES
    
        139. and 140. Part 639 is added to read as follows:
    
    PART 639--ACQUISITION OF INFORMATION RESOURCES
    
        Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
    
    
    639.001-70  Policy.
    
        (a) The Assistant Secretary of State for Administration is the 
    Department's Designated Senior Official as defined in the Federal 
    Information Resources Management Regulation (FIRMR) 201-39.201.
    
    SUBCHAPTER G--CONTRACT MANAGEMENT
    
    PART 642--CONTRACT ADMINISTRATION
    
        141. Section 642.270 is revised to read as follows:
    
    
    642.270  Contracting Officer's Representative (COR).
    
        (a) Scope. Contracting officers may designate technically qualified 
    personnel as their authorized representatives to assist in the 
    administration of contracts. This section is mandatory for domestic 
    contracting activities and recommended for overseas contracting 
    activities.
        (b) Policy. It is Department policy that only Department of State 
    employees who have completed adequate training and have the necessary 
    experience and judgment shall be appointed as CORs. This policy shall 
    be reinforced by contracting officers and administered jointly by A/OPE 
    and FSI. Required training shall be funded by the COR's office.
    
    
    642.271  [Amended]
    
        142. Section 642.271 is amended to add the words ``a clause 
    substantially the same as'' after the word ``insert''.
    
    PART 643--CONTRACT MODIFICATIONS
    
        143. Section 643.102-70 is amended by revising paragraph (b) to 
    read as follows:
    
    
    643.102-70  Contract compliance and review.
    
        (a) * * *
        (b) Subpart 604.70 prescribes the review requirements for modifying 
    contracts for supplies and services, including construction. The 
    contracting officer shall submit such contract modifications to A/OPE 
    when:
        (i) The modification itself exceeds the thresholds established in 
    604.7002(a);
        (ii) The modification will cause the contract to exceed the 
    thresholds established in 604.7002(a); or,
        (iii) Any proposed change under the modification results in an 
    increase or decrease exceeding the thresholds in 604.7002(a) in any of 
    the individual cost elements of the existing contract.
    
    PART 647--TRANSPORTATION
    
        144. and 145. Part 647 is added to read as follows:
    
    PART 647--TRANSPORTATION
    
        Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
    
    
    647.000  Scope of part.
    
        The FAR and DOSAR do not apply to the acquisition of transportation 
    services via Government bill of lading (GBL) or other similar forms.
    
    PART 649--TERMINATION OF CONTRACTS
    
        146 and 147. Part 649 is added to read as follows:
    
    PART 649--TERMINATION OF CONTRACTS
    
    Subpart 649.1--General Principles
    
    649.106  Fraud or other criminal conduct.
    649.111  Review of proposed settlements.
    
        Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
    
    Subpart 649.1--General Principles
    
    
    649.106  Fraud or other criminal conduct.
    
        If the Termination Contracting Officer (TCO) suspects fraud or 
    other criminal conduct related to the settlement of a terminated 
    contract, the TCO shall discontinue negotiations and report the facts 
    to the Office of the Inspector General.
    
    
    649.111  Review of proposed settlements.
    
        All proposed termination settlements shall be reviewed and approved 
    by the Office of the Legal Adviser for legal sufficiency. In addition,
        (a) All proposed termination settlements from domestic contracting 
    activities shall be approved by the head of the contracting activity; 
    and
        (b) All proposed termination settlements from overseas contracting 
    activities shall be approved by the Procurement Executive.
    
    PART 651--USE OF GOVERNMENT SOURCES BY CONTRACTORS
    
        148. and 149. Part 651 is added to read as follows:
    
    PART 651--USE OF GOVERNMENT SOURCES BY CONTRACTORS
    
        Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
    
    Subpart 651.70--Contractor Use of Travel Advances, Official Travel 
    Orders, and Government Travel Requisitions
    
    
    651.701  Policy.
    
        (a) It is the Department's policy that contractors shall not:
        (1) Receive travel advances from the Department for contract-
    related travel;
        (2) Travel under official travel orders; or,
        (3) Receive Government Travel Requisitions (GTRs) for 
    transportation.
        (b) All contract-related travel shall be performed on the 
    contractor's account with reimbursement provided after submission of a 
    proper voucher.
        (c) This policy does not apply to personal services contractors; 
    provided, that such contractors are paid through the Department's 
    payroll system and they are subject to the standard payroll deductions 
    of Federal Withholding Tax and FICA. It also does not apply to 
    contracts awarded by the Office of Language Services (A/OPR/LS).
    
    SUBCHAPTER H--CLAUSES AND FORMS
    
    PART 652--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
    
    
    652.202-70  [Removed]
    
        150. and 151. Section 652.202-70 is removed.
        152. Section 652.203-70 is added to read as follows:
    
    
    652.203-70  Prohibition Against the Use of Federal Employees.
    
        As prescribed in 603.670, insert the following clause:
    
    Prohibition Against the Use of Federal Employees (Aug 1994)
    
        In accordance with Federal Acquisition Regulation 3.601, 
    contracts are not to be awarded to Federal employees or a business 
    concern or other organization owned or substantially owned or 
    controlled by one or more Federal employees. For the purposes of 
    this contract, this prohibition against the use of Federal employees 
    includes any work performed by the contractor or any of its 
    employees, subcontractors, or consultants.
    
    (End of clause)
    
        153. Section 652.203-71 is added to read as follows:
    
    
    652.203-71  Certification Regarding Federal Employment.
    
        As prescribed in 603.670, insert the following provision:
    
    Certification Regarding Federal Employment (Aug 1994)
    
        By submitting an offer, the offeror hereby certifies that it is 
    not owned or substantially owned or controlled by one or more 
    Federal employees.
    
    (End of provision)
    
        154. Section 652.206-70 is added to read as follows:
    
    
    652.206-70  Competition Advocacy/Ombudsman.
    
        As prescribed in 606.570, insert the following provision:
    
    Competition Advocacy/Ombudsman (Aug 1994)
    
        The Department of State's Competition Advocate is responsible 
    for assisting industry in removing restrictive requirements from 
    Department of State solicitations and removing barriers to full and 
    open competition. If such a solicitation is considered competitively 
    restrictive or does not appear properly conducive to competition and 
    contracting practices, potential offerors are encouraged to first 
    contact the contracting office for the respective solicitation 
    identified elsewhere in this solicitation. If concerns are not 
    adequately addressed, contact the Department of State Competition 
    Advocate on (703) 516-1686, or write to: U.S. Department of State, 
    Competition Advocate, Office of the Procurement Executive, A/OPE/CA, 
    Suite 603, SA-6, Washington, DC 20522-0602.
    
    (End of provision)
    
    
    652.214-70  [Removed]
    
    
    652.214-71  [Redesignated as 652.214-70]
    
        155. Section 652.214-70 is removed; section 652.214-71 is 
    redesignated as 652.214-70; and the date for the clause at redesignated 
    652.214-70 is revised from ``(JUL 1988)'' to ``(AUG 1994)''.
    
    
    652.214-72  [Removed]
    
        156. Section 652.214-72 is removed.
        157. Section 652.216-70 is amended by revising the clause to read 
    as follows:
    
    
    652.216-70  Ordering--Indefinite-Delivery Contracts.
    
    * * * * *
    
    Ordering--Indefinite-Delivery Contracts (Aug 1994)
    
        The Government shall use the Optional Form (OF) 347, Order for 
    Supplies or Services, to issue orders under this contract.
    
    (End of clause)
    
        158. Section 652.216-71 is added to read as follows:
    
    
    652.216-71  Price Adjustment.
    
        As prescribed in 616.203-4, insert a clause substantially the same 
    as follows:
    
    Price Adjustment (Aug 1994)
    
        (a) The contract cost may be adjusted based on increases or 
    decreases in actual costs of direct service labor which result 
    directly from laws enacted and effective during the term of this 
    contract by the [insert name of country] Government.
        (b) For the contracting officer to consider any request for 
    adjustment, the contractor shall demonstrate in writing:
        (1) That the change in the law occurred subsequent to the award 
    date of the contract; and
        (2) That the change in the law could not have been reasonably 
    anticipated prior to contract award; and
        (3) How the change in the law directly affects the direct cost 
    of direct service labor under the contract.
        (c) The contractor shall present documentation that clearly 
    supports any request for adjustment, including the calculation of 
    the amount of adjustment requested. This documentation must identify 
    and provide the appropriate portions of the text of the particular 
    law from which the request is derived.
        (d) Any request for adjustment shall be certified by signature 
    by an officer or general partner of the contractor having overall 
    responsibility for the conduct of the contractor's affairs.
        (e) No adjustment shall be made to the contract price that 
    relates to any overhead, fixed costs, profit or fee for the 
    contractor. Only the amount charged to direct service labor cost 
    shall be considered by the Government as basis for contract price 
    adjustments.
        (f) No request by the contractor for an adjustment under this 
    clause shall be allowed if asserted after final payment under this 
    contract has been made.
        (g) This clause shall only apply to laws enacted by the [insert 
    name of country] Government meeting the criteria set forth above in 
    paragraph (a). No adjustments shall be made due to currency 
    devaluations or fluctuations in exchange rates.
    
    (End of clause)
    
        159. Section 652.219-70 is added to read as follows:
    
    
    652.219-70  Department of State Subcontracting Goals.
    
        As prescribed in 619.708-70, insert a provision substantially the 
    same as follows:
    
    Department of State Subcontracting Goals (Aug 1994)
    
        (a) The offeror shall provide a Small, Small Disadvantaged and 
    Woman-Owned Enterprise Subcontracting Plan that details its approach 
    to selecting and using Small, Small Disadvantaged, and Woman-Owned 
    Business Enterprises as requested by the contracting officer.
        (b) For the fiscal year [insert appropriate fiscal year], the 
    Department's subcontracting goals are as follows:
        (1) Goal for subcontracting to SB:
    
    ----------------------------------------------------------------------
        (2) Goal for subcontracting to SDB:
    
    ----------------------------------------------------------------------
        (3) Goal for subcontracting to SWB:
    
    ----------------------------------------------------------------------
        (4) Omnibus goals (if applicable):
        (i) 10% to minority business
        (ii) 10% to small business
    
    (End of provision)
    
        160. Section 652.223-70 is added to read as follows:
    
    
    652.223-70  Estimates of the Total Percentage of Recovered Materials to 
    be Utilized in the Performance of the Contract.
    
        As prescribed in 623.480(a), insert the following provision:
    
    Estimates of The Total Percentage of Recovered Materials to be Utilized 
    in The Performance of the Contract (Aug 1994)
    
        (a) As required under Section 6002 of the Resource Conservation 
    and Recovery Act, an officer or employee of the offeror shall 
    estimate the total percentage of recovered material to be utilized 
    in the performance of the contract.
        (b) I, (insert name of certifier) am an officer employee 
    responsible for the preparation of this offer and hereby estimate 
    the total percentage of recovered material to be utilized in the 
    performance of the contract as follows:
    
    PRODUCT
        ESTIMATE OF TOTAL
        PERCENT OF RECOVERED
        MATERIAL TO BE
        UTILIZED
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    (End of provision)
    
        161. Section 652.223-71 is added to read as follows:
    
    
    652.223-71  Certification of Minimum Content Actually Utilized in the 
    Performance of the Contract.
    
        As prescribed in 623.480(b), insert the following clause:
    
    Certification of Minimum Content Actually Utilized in the Performance 
    of the Contract (Aug 1994)
    
        (a) As required under Section 6002 of the Resource Conservation 
    and Recovery Act, an officer or employee of the contractor shall 
    execute the following certification:
        I, (insert name of certifier), am an officer or employee 
    responsible for the performance of this contract and hereby certify 
    the following minimum recovered material content was actually 
    utilized in the performance of this contract:
    
    PRODUCT
        PERCENT OF MINIMUM
        RECOVERED MATERIAL
        ACTUALLY UTILIZED
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
        (b) The contractor shall submit this certification by January 31 
    in each year during the period of performance of this contract. The 
    period of the certification shall cover the preceding calendar year.
    
    ----------------------------------------------------------------------
    Signature of the officer or employee
    
    ----------------------------------------------------------------------
    Typed name of officer or employee
    
    ----------------------------------------------------------------------
    Title
    
    ----------------------------------------------------------------------
    Name of company, firm, or organization
    
    ----------------------------------------------------------------------
    Date
    
    (End of clause)
    
        162. Section 652.223-72 is added to read as follows:
    
    
    652.223-72  Use of Double-Sided Copying in the Submissions of Bids or 
    Proposals.
    
        As prescribed in 623.480(c), insert the following provision:
    
    Use of Doubled-Sided Copying in the Submission of Bids or Proposals 
    (Aug 1994)
    
        (a) For the purposes of this provision, ``doubled-sided 
    copying'' means copying two one-sided originals on to the front and 
    back side of one sheet of paper.
        (b) Unless otherwise stated in the solicitation, offerors shall 
    use doubled-sided copying to reproduce all bids or proposals in 
    response to this solicitation.
    
    (End of provision)
    
        163. Section 652.223-73 is added to read as follows:
    
    
    652.223-73  Use of Doubled-Sided Copying in the Submission of Reports.
    
        As prescribed in 623.480(d), insert the following clause:
    
    Use of Doubled-Sided Copying in the Submission of Reports (Aug 1994)
    
        (a) For the purposes of this clause, ``double-sided copying'' 
    means copying two one-sided originals on to the front and back side 
    of one sheet of paper.
        (b) Unless otherwise stated in this contract or otherwise 
    directed by the contracting officer, the contractor shall use 
    double-sided copying to reproduce any progress report, draft report, 
    or final report produced under this contract.
    
    (End of clause)
    
        164. Section 652.223-74 is added to read as follows:
    
    
    652.223-74  Use of Fly Ash as a Partial Replacement for Cement and 
    Concrete.
    
        As prescribed in 623.480(e), insert the following clause:
    
    Use of Fly Ash As a Partial Replacement for Cement and Concrete (Aug 
    1994)
    
        The Architect/Engineer shall specify the performance 
    requirements of the cement and concrete products required under the 
    contract using standard specifications when available. Consistent 
    with such performance specifications, the Architect/Engineer shall 
    specify the use of fly ash, a finely divided residue resulting from 
    the combustion of coal, as a partial replacement for cement and 
    concrete to the maximum extent practicable in accordance with ANSI/
    ASTM Standards and all applicable codes.
    
    (End of clause)
    
        165. Section 652.223-75 is added to read as follows:
    
    
    652.223-75  Use of Recovered Materials in Building Insulation Products.
    
        As prescribed in 623.480(f), insert the following clause:
    
    Use of Recovered Materials in Building Insulation Products (Aug 1994)
    
        (a) This clause applies to building insulation products used in 
    the construction of ceilings, floors, foundations, and walls, and 
    includes blanket, board, spray-in place and loose-fill insulations.
        (b) The Department's minimum content standard for recovered 
    material in building insulation products is set forth below.
    
    ------------------------------------------------------------------------
               Material type                      Percent by weight         
    ------------------------------------------------------------------------
    Cellulose loose-fill and spray on..  75% post-consumer recovered        
                                          material.                         
    Perlite composition board..........  23% post-consumer recovered paper. 
    Plastic Rigid Foams                                                     
      --polyisocyra- nurate/                                                
       polyurethane:                                                        
        --rigid foam...................  9% recovered material.             
        --foam-in-place................  5% recovered material.             
        --glass fiber reinforced.......  6% recovered material.             
    Phoenolic rigid foam...............  5% recovered material.             
    Rock Wool..........................  75% recovered material.            
    ------------------------------------------------------------------------
    
        Note: The minimum content standards are based on the weight of 
    the material (not volume) in the insulating core only.
    
        (c) The Architect/Engineer shall include as a design 
    consideration the Department's preference for the use of building 
    insulation produced with recovered materials. The Architect/Engineer 
    shall specify the type of building insulation products to be 
    supplied, and shall justify in writing the basis of the selected 
    product type if it is not listed above, or if any product listed 
    above has a higher minimum content standard than the selected 
    product.
    
    (End of clause)
    
        166. Section 652.223-76 is added to read as follows:
    
    
    652.223-76  Use of Lubricating Oils Containing Re-Refined Oils.
    
        As prescribed in 623.480(g), insert the following clause:
    
    Use of Lubricating Oils Containing Re-Refined Oils (Aug 1994)
    
        (a) If the contractor is required to supply lubricating oils, 
    hydraulic fluids, or gear oils under this contract, the contractor 
    shall supply products conforming to the listed military 
    specifications as set forth below unless the contracting officer 
    determines that the listed products will not satisfy the 
    Department's needs.
    
    EPA LUBRICATING OILS CONTAINING RE-REFINED OIL
    
        (1) ENGINE LUBRICATING OILS
        (i) MIL-L-46152 (or current version)--Lubricating Oil Internal 
    Combustion Engine, Administrative Service
        (ii) API Engine Service Category SF-1980 Gasoline Engine 
    Warranty Maintenance Service
        (iii) API Engine Service Category CC-Diesel Engine Service
        (iv) MIL-L-2104D (or current version)--Lubricating Oil Internal 
    Combustion Engine, Tactical Service
        (v) API Engine Service Category CD-Diesel Engine Service
        (vi) MIL-L-21260D (or current version)--Lubricating Oil Internal 
    Combustion Engine, Preservative and Break-In
        (vii) MIL-L-46167 (or current version)--Lubricating Oil, 
    Internal Combustion Engine, Arctic
        (2) HYDRAULIC FLUIDS
        (i) MIL-H-5606 (or current version)--Hydraulic Fluid, Petroleum 
    Base: Aircraft, Missile, and Ordnance
        (ii) MIL-H-6083 (or current version)--Hydraulic Fluid, Petroleum 
    Base: Preservation and Operation
        (3) GEAR OILS
        (i) MIL-L-2105D (or current version)--Lubricating Oil, Gear 
    Multipurpose
        (b) Copies of the above specifications may be obtained from: 
    Standardization Document Order Desk, Building 4, Section D, 700 
    Robbins Avenue, Philadelphia, PA 19111-5094.
        (c) Any lubricating oils, hydraulic fluids, or gear oils 
    delivered under this contract that conform to the above listed 
    military specifications shall contain a minimum of 25% re-refined 
    oils.
    
    (End of clause)
    
        167. Section 652.223-77 is added to read as follows:
    
    
    652.223-77  Use of Retread Tires.
    
        As prescribed in 623.480(h), insert the following clause:
    
    Use of Retread Tires (Aug 1994)
    
        (a) If the contractor is required to maintain or replace 
    Government tires under this contract, the contractor shall to the 
    maximum extent practicable obtain retreading services for existing 
    tires, if the carcass is retreadable, from firms identified in the 
    U.S. General Services Administration's Federal Supply Schedule 26 
    II, Pneumatic Tires.
        (b) If such retreading services are not practicable, replacement 
    retread tires shall be procured in accordance with GSA specification 
    ZZ-T-381 for replacement tires.
    
    (End of clause)
    
        168. Section 652.223-78 is added to read as follows:
    
    
    652.223-78  Use of Recovered Materials in Paper and Paper Products.
    
        As prescribed in 623.480(i), insert the following clause:
    
    Use of Recovered Materials in Paper and Paper Products (AUG 1994)
    
        (a) If the contractor is required under this contract to deliver 
    any of the paper and paper products listed below, all such items 
    delivered shall meet the minimum content standards for recovered 
    materials, postconsumer recovered materials, or waste paper set 
    forth in paragraph (b).
        (1) Recovered materials are defined as waste material and by-
    products that have been recovered or diverted from solid waste, not 
    including those materials and by-products generated from, and 
    commonly reused within, an original manufacturing process.
        (2) Postconsumer recovered materials are defined as waste 
    materials recovered from retail stores, office buildings, homes and 
    so forth after they passed through their end usage as a consumer 
    item.
        (3) Waste paper is defined as all items from the first two 
    categories above in addition to forest residues, and manufacturing 
    and other wastes.
        (b) Unless otherwise stated in this contract or otherwise 
    directed by the contracting officer, the contractor shall use ``High 
    Grade Bleached Printing and Writing Papers'' as defined in this 
    clause to produce all progress reports, final reports, and any other 
    products required to be delivered to the Government under this 
    contract.
    
    MINIMUM CONTENT STANDARDS FOR SELECTED PAPER AND PAPER PRODUCTS 
    NEWSPRINT--40% minimum postconsumer recovered materials HIGH GRADE 
    BLEACHED PRINTING AND WRITING PAPERS
    
    Offset printing--50% minimum water paper
    Mimeo and duplicator paper--50% minimum waste paper
    Writing (stationery)--50% minimum waste paper
    Office paper (e.g., note pads)--50% minimum waste paper
    Paper for high speed copiers--50% minimum waste paper
    Envelopes--50% minimum waste paper
    Form bond including computer paper and carbonless--50% minimum waste 
    paper
    Book papers--50% minimum waste paper
    Bond papers--50% minimum waste paper
    Ledger--50% minimum waste paper
    Cover stock--50% minimum waste paper
    Cotton fiber papers--25% minimum recovered materials and 50% minimum 
    waste paper
    
    TISSUE PRODUCTS
    
    Toilet tissue--20% minimum postconsumer recovered materials
    Paper towels--40% minimum postconsumer recovered materials
    Paper napkings--30% minimum postconsumer recovered materials
    Facial tissue--5% minimum postconsumer recovered materials
    Doilies--40% minimum postconsumer recovered materials
    Industrial wipes--0% minimum postconsumer recovered materials
    
    UNBLEACHED PACKAGING
    
    Corrugated boxes--35% minimum postconsumer recovered materials
    Fiber boxes--35% minimum postconsumer recovered materials Brown 
    papers (e.g., bags)--5% minimum postconsumer recovered materials
    
    RECYLED PAPERBOARD
    
    Recycled paperboard products--80% minimum postconsumer recovered 
    materials
    Pad backing--90% minimum postconsumer recovered materials
    
    (End of clause)
    
        169. Section 652.228-71 is added to read as follows:
    
    
    652.228-71  Worker's Compensation Insurance (Defense Base Act)--
    Services.
    
        As prescribed in 628.305(b)(1), insert the following clause:
    
    Worker's Compensation Insurance (Defense Base Act)--Services (Aug 1994)
    
        (a) This clause supplements FAR 52.228-3.
        (b) The contractor agrees to procure Defense Base Act (DBA) 
    insurance pursuant to the terms of the contract between the 
    Department of State and the Department's DBA insurance carrier 
    unless the contractor has a DBA self-insurance program approved by 
    the Department of Labor. The contractor shall submit a copy of the 
    Department of Labor's approval to the contracting officer upon 
    contract award.
        (c) If the Department of State or the contractor has secured a 
    waiver of DBA coverage for contractor's employees who are not 
    citizens of, residents of, or hired in the United States, the 
    contractor agrees to provide such employees with worker's 
    compensation benefits as required by the laws of the country in 
    which the employees are working, or by the laws of the employee's 
    native country, whichever offers greater benefits.
        (d) The contractor agrees to insert a clause substantially the 
    same as this one in all subcontracts to which the DBA is applicable. 
    Subcontractors shall be required to insert a similar clause in any 
    of their subcontracts subject to the DBA.
        (e) The cost of DBA insurance is paid on an annual basis. If the 
    period of performance of this contract extends beyond one year, the 
    Department shall reimburse the contractor for any additional 
    insurance cost on a reimbursable basis through a contract 
    modification.
        (f) Should the rates for DBA insurance coverage increase during 
    the performance of this contract, the Department shall reimburse the 
    contractor for the increased cost through a contract modification. 
    In the event the DBA insurance rates decrease during contract 
    performance, the contractor shall reduce the reimbursable cost 
    proportionately.
    
    (End of clause)
    
        170. Section 652.228-72 is added to read as follows:
    
    
    652.228-72  Worker's Compensation Insurance (Defense Base Act)--
    Construction.
    
        As prescribed in 628.305(b)(2), insert the following clause:
    
    Worker's Compensation Insurance (Defense Base Act)--Construction (Aug 
    1994).
    
        (a) This clause supplements FAR 52.228-4.
        (b) The contractor agrees to procure Defense Base Act (DBA) 
    insurance pursuant to the terms of the contract between the 
    Department of State and the Department's DBA insurance carrier 
    unless the contractor has a DBA self-insurance program approved by 
    the Department of Labor. The contractor shall submit a copy of the 
    Department of Labor's approval to the contracting officer upon 
    contract award. The current rate under the Department of State 
    contract is [contracting officer insert current rate] of 
    compensation for construction.
        (c) Since the Department of state has secured a waiver of DBA 
    coverage for contractor's employees who are not citizens of, 
    residents of, or hired in the United States, the contractor agrees 
    to provide such employees with worker's compensation benefits as 
    required by the laws of the country in which the employees are 
    working, or by the laws of the employee's native country, whichever 
    offers greater benefits.
        (d) The contractor agrees to insert a clause substantially the 
    same as this one in all subcontracts to which the DBA is applicable. 
    Subcontractors shall be required to insert a similar clause in any 
    of their subcontracts subject to the DBA.
        (e) Should the rates for DBA insurance coverage increase or 
    decrease during the performance of this contract, the Department 
    shall modify this contract accordingly.
        (f) The contractor shall demonstrate to the satisfaction of the 
    contracting officer that the equitable adjustment as a result of the 
    insurance increase or decrease does not include any reserve for such 
    insurance. Adjustment shall not include any overhead, profit, 
    general and administrative expense, etc.
    
    (End of clause)
    
        171. Section 652.228-73 is added to read as follows:
    
    
    652.228-73  Waiver of the Defense Base Act.
    
        As prescribed in 628.305(b)(3), insert the following clause:
    
    Waiver of the Defense Base Act (Aug 1994)
    
        (a) Upon recommendation of the Secretary of State, the Secretary 
    of Labor may waiver the applicability of the Defense Base Act with 
    respect to any contract, subcontract, or subordinate contract; work 
    location; or classification of employees.
        (b) Either the contractor or the Department of State may request 
    a waiver from coverage. Such a waiver may apply to any employees who 
    are not U.S. citizens, not residents of, or are not hired in the 
    United States. Waivers requested by the contractor shall be 
    submitted to the contracting officer for approval and further 
    submission to the Department of Labor. Application for a waiver 
    shall be submitted on Department of Labor Form BEC-565. Where such 
    waivers are granted from coverage under the DBA, the waiver is 
    conditioned on providing other worker's compensation coverage to 
    employees to which the waiver applies. Usually this takes the form 
    of securing worker's compensation coverage of the country where work 
    will be performed or of the employee's native country, whichever 
    offers greater benefits. Information as to whether a DBA waiver has 
    been obtained by the Department for a particular country may be 
    obtained from the contracting officer.
    
    (End of clause)
    
        172. Section 652.228-74 is added to read as follows:
    
    
    652.228-74  Defense Base Act Insurance Rates--Limitation--Services.
    
        As prescribed in 628.306(a)(1), insert the following provision:
    
    Defense Base Act Insurance Rates--Limitation--Services (Aug 1994)
    
        (a) The Department of state has entered into a contract with an 
    insurance carrier to provide DBA insurance to Department of State 
    contractors at a contracted rate. The rates for this insurance are 
    as follows:
    
     Services @ [contracting officer insert current rate] of compensation
    
        (b) Bidders/Offerors should compute the total compensation 
    (direct salary plus differential, but excluding per diem, housing 
    allowance and other miscellaneous post allowances) to be paid to 
    employees who will be covered by DBA insurance and the cost of DBA 
    insurance in their bid/proposal using the foregoing rate, and insert 
    the totals in the spaces provided. The DBA insurance cost shall be 
    included in the total fixed price. The DBA insurance costs shall be 
    reimbursed directly to the contractor.
        (1) Compensation of Covered Employees: ________________________
        (2) Defense Base Act Insurance Costs: ________________________
        (3) Total Cost: ____________
        (c) Bidders/Offerors shall include a statement as to whether or 
    not local nationals or third country nationals will be employed on 
    the resultant contract.
    
    (End of provision)
    
        173. Section 652.228-75 is added to read as follows:
    
    
    652.228-75  Defense Base Act Insurance Rates--Limitation--Construction.
    
        As prescribed in 628.306(a)(2), insert the following provision:
    
    Defense Base Act Insurance Rates--Limitation--Construction (Aug 1994)
    
        (a) The Department of State has entered into a contract with an 
    insurance carrier to provide DBA insurance to Department of State 
    contractors at a contracted rate. The rates for this insurance are 
    as follows:
    
    Construction @ [contracting officer insert current rate] of 
    compensation
    
        (b) Bidders/Offerors should compute the total compensation 
    (direct salary plus differential, but excluding per diem, housing 
    allowance and other miscellaneous post allowances) to be paid to 
    employees who will be covered by DBA insurance and the cost of DBA 
    insurance in their bid/proposal using the foregoing rate, and insert 
    the totals in the spaces provided for the base year and each year 
    thereafter, if applicable. The DBA insurance cost shall be included 
    in the total fixed price. The DBA insurance costs shall be 
    reimbursed directly to the contractor.
        (1) Compensation of Covered Employees: ____________
        (2) Defense Base Act Insurance Costs: ____________
        (3 Total Cost: ____________
    
    (End of provision)
    
        174. Section 652.228-76 is added to read as follows:
    
    
    652.228-76  Defense Base Act Insurance Rates--Limitation--Cost-
    Reimbursement.
    
        As prescribed in 628.307, insert the following provision:
    
    Defense Base Act Insurance Rates--Limitation--Cost-Reimbursement (Aug 
    1994)
    
        (a) The Department of State has entered into a contract with an 
    insurance carrier for Defense Base Act (DBA) insurance which applies 
    to all contracts entered into by the Department which requires DBA 
    insurance coverage. In preparing the cost proposal, the offeror 
    shall use the following rates in computing the cost for such 
    insurance:
        (1) Services--[contracting officer insert current rate] of 
    compensation (direct salary plus differential but excluding per 
    diem, housing allowance, education allowance, and miscellaneous 
    allowances); and
        (2) Construction--[contracting officer insert current rate] of 
    compensation.
        (b) These rates apply to all job classifications in those 
    particular categories. The successful offeror shall be advised of 
    the name and address of the insurance broker who will process the 
    DBA insurance coverage.
        (c) Should an offeror compute or include higher DBA insurance 
    rates, the rates shall be disallowed.
        (d) Offerors shall include in their proposals a statement as to 
    whether or not local nationals or third country nationals are 
    proposed on this contract.
    
    (End of provision)
    
        175. Section 652.228-77 is added to read as follows:
    
    
    652.228-77  Defense Base Act Insurance Rates--Limitation--Labor-Hour 
    and Time-and-Materials.
    
        As prescribed in 628.307-70, insert the following provision:
    
    Defense Base Act Insurance Rates--Limitation--Labor-Hour and Time-and-
    Materials (Aug 1994)
    
        (a) The Department of State has entered into a contract with an 
    insurance carrier for Defense Base Act (DBA) insurance which applies 
    to all contracts entered into by the Department which requires DBA 
    insurance coverage. In preparing the cost proposal, the offeror 
    shall use the following rates in computing the cost for such 
    insurance:
        (1) Services--[contracting officer insert current rate] of 
    compensation (direct salary plus differential but excluding per 
    diem, housing allowance, education allowance, and miscellaneous 
    allowances); and
        (2) Construction--[contracting officer insert current rate] of 
    compensation.
        (b) These rates apply to all job classifications in those 
    particular categories. The successful offeror shall be advised of 
    the name and address of the insurance broker who will process the 
    DBA insurance coverage.
        (c) Offerors shall include in their proposals a statement as to 
    whether or not local nationals or third country nationals are 
    proposed on this contract.
    
    (End of provision)
    
        176. Section 652.232-70 is revised to read as follows:
    
    
    652.232-70  Payment Schedule and Invoice Submission (Fixed-Price).
    
        As prescribed in 632.908(a), insert a clause substantially the same 
    as follows:
    
    Payment Schedule and Invoice Submission (Fixed-Price) (Aug 1994)
    
        (a) General. The Government shall pay the contractor as full 
    compensation for all work required, performed and accepted under 
    this contract, inclusive of all costs and expenses, the firm fixed-
    price stated in Section B of this contract. [Use paragraph (b) only 
    if partial payments apply. Otherwise, paragraph (a) above assumes 
    the contractor will be paid the full amount upon completion of all 
    contractual requirements].
        (b) Payment schedule. Payments will be made in accordance with 
    the following partial payment schedule:
    
                                                                            
     Partial Payment        Specific                                        
         Number           Deliverable      Delivery Date     Payment Amount 
                                                                            
    1                                                                       
    2                                                                       
    3                                                                       
                                                                            
    [Continue as necessary]                                                 
    
        (c) Invoice submission. Invoices shall be submitted in an 
    original and [contracting officer insert appropriate number of 
    copies] copies to the office identified in Block 5 of the SF-26 or 
    Block 7 of the SF-33. To constitute a proper invoice, the invoice 
    must include all items per FAR 52.232-25, ``Prompt Payment''.
        (d) Contractor remittance address. Payment shall be made to the 
    contractor's address as specified on the cover page of this 
    contract, unless a separate remittance address is specified below:
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    (End of clause)
    
        177. Section 652.232-71 is revised to read as follows:
    
    
    652.232-71  Voucher Submission (Cost-Reimbursement).
    
        As prescribed in 632.908(b), insert a clause substantially the same 
    as follows:
    
    Voucher Submission (Cost-Reimbursement) (Aug 1994)
    
        (a) General. The contractor shall submit, on a monthly basis 
    [contracting officer may substitute a different time frame, if 
    appropriate], an original and [contracting officer insert 
    appropriate number] copies of each voucher. In addition to the items 
    necessary per FAR 52.232-25, ``Prompt Payment'', the voucher shall 
    show the elements of cost for the billing period and the cumulative 
    costs to date. All vouchers shall be submitted to the office 
    identified in Block 5 of the SF-26 or Block 7 of the SF-33.
        (b) Contractor remittance address. Payment shall be made to the 
    contractor's address as specified on the cover page of this 
    contract, unless a separate remittance address is specified below:
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    (End of clause)
    
        178. Section 652.237-70 is revised to read as follows:
    
    
    652.237-70  Compensatory Time Off.
    
        As prescribed in 637.110(a), insert the following clause.
    
    Compensatory Time Off (Aug 1994)
    
        (a) Compensatory time off means time from work during the 
    personal services contract employee's basic work week in exchange 
    for performing an equal amount of irregular or occasional overtime 
    work which is officially ordered or approved.
        (b) At the discretion of the Contracting Officer's 
    Representative (COR), the contractor may earn compensatory time off 
    in accordance with 3 FAM Section 232.6--Compensatory Time Off. 
    Compensation time off remaining to the credit of a personal services 
    contract employee at the end of a 16-week period and/or at the end 
    of the contract period shall be forfeited.
        (c) Compensatory time may not be converted to overtime.
    
    (End of clause)
    
        179. Section 652.237-71 is added to read as follows:
    
    
    652.237-71  Identification/Building Pass.
    
        As prescribed in 637.110(b), insert the following clause.
    
    Identiication/Building Pass (Aug 1994)
    
        (a) The contractor shall obtain a Department of State building 
    pass for all employees performing under this contract who require 
    frequent and continuing access to Department of State facilities. 
    Passes will be issued by the Bureau of Diplomatic Security, Office 
    of Procedural Security, Domestic Facilities Division. They shall be 
    used for the purpose of contractor performance only, and shall not 
    be used for any other purpose.
        (b) The contractor shall submit an application in the form 
    prescribed by the COR. The contractor shall also provide a letter on 
    company letterhead to accompany the application containing the 
    following information:
        (1) The purpose for which the pass is being requested;
        (2) The type of access the applicant requires;
        (3) Whether or not the applicant has a valid security clearance; 
    and,
        (4) The contract number and period of performance of the 
    contract.
        (c) The complete package, including the COR's approval 
    memorandum, shall be delivered to the Building Pass Application 
    Unit, Room 309, State Annex Number 1, Columbia Plaza, 2401 E Street 
    NW., Washington, DC. The employee(s) for whom the pass(es) is/are 
    being requested may be required to personally submit the application 
    and to provide evidence of identity and United States citizenship.
        (d) All contractor employees shall wear the passes in plain 
    sight at all times while in Department of State buildings. All 
    contractor employees shall show their passes when entering these 
    buildings and upon request.
        (e) All passes shall be returned to the COR upon separation of 
    the employee, or expiration or termination of the contract. Final 
    payment under this contract shall not be made until all passes are 
    returned to the COR.
    
    (End of clause)
    
        180. Section 652.237-72 is added to read as follows:
    
    
    652.237-72  Observance of Legal Holidays and Administrative Leave.
    
        As prescribed in 637.110(c), insert the following clause:
    
    Observance of Legal Holidays and Administrative Leave (Aug 1994)
    
        (a) The Department of State observes the following days as 
    holidays:
    
    New Year's Day
    Martin Luther King's Birthday
    Presidents' Day
    Memorial Day
    Independence Day
    Labor Day
    Columbus Day
    Veterans Day
    Thanksgiving Day
    Christmas Day
    Any other day designated by Federal law, Executive Order, or 
    Presidential Proclamation.
    
        (b) When any such day falls on a Saturday, the preceding Friday 
    is observed; when any such day falls on a Sunday, the following 
    Monday is observed. Observance of such days by Government personnel 
    shall not be cause for additional period of performance or 
    entitlement to compensation except as set forth in the contract. If 
    the contractor's personnel work on a holiday, no form of holiday or 
    other premium compensation will be reimbursed either as a direct or 
    indirect cost, unless authorized pursuant to an overtime clause 
    elsewhere in this contract.
        (c) When the Department of State grants administrative leave to 
    its Government employees, assigned contractor personnel in 
    Government facilities shall also be dismissed. However, the 
    contractor agrees to continue to provide sufficient personnel to 
    perform round-the-clock requirements of critical tasks already in 
    operation or scheduled, and shall be guided by the instructions 
    issued by the contracting officer or his/her duly authorized 
    representative.
        (d) For fixed-price contracts, if services are not required or 
    provided because the building is closed due to inclement weather, 
    unanticipated holidays declared by the President, failure of 
    Congress to appropriate funds, or similar reasons, deductions will 
    be computed as follows:
        (1) The deduction rate in dollars per day will be equal to the 
    per month contract price divided by 21 days per month.
        (2) The deduction rate in dollars per day will be multiplied by 
    the number of days services are not required or provided. If 
    services are provided for portions of days, appropriate adjustment 
    will be made by the contracting officer to ensure that the 
    contractor is compensated for services provided.
        (e) If administrative leave is granted to contractor personnel 
    as a result of conditions stipulated in any ``Excusable Delays'' 
    clause of this contract, it will be without loss to the contractor. 
    The cost of salaries and wages to the contractor for the period of 
    any such excused absence shall be a reimbursable item of direct cost 
    hereunder for employees whose regular time is normally charged, and 
    a reimbursable item of indirect cost for employees whose time is 
    normally charged indirectly in accordance with the contractor's 
    accounting policy.
    
    (End of clause)
    
        181. Section 652.242-70 is amended by revising the introductory 
    text; by revising the clause date from ``(JUL 1988)'' to ``(AUG 
    1994)''; by designating the existing clause text as paragraph (a); and, 
    by adding a new paragraph (b) to read as follows:
    
    
    652.242-70  Contracting Officer's Representative (COR).
    
        As prescribed in 642.271, insert a clause substantially the same as 
    follows:
    
    Contracting Officer's Representative (Aug 1994)
    
        (a) * * *
        (b) The COR is [insert name of COR].
    
    (End of clause)
    
        182. Section 652.242-72 is amended by revising the clause date from 
    ``(JUL 1988)'' to ``(AUG 1994)''; by revising the chart in paragraph 
    (a) to read as set forth below; by removing the designation ``\3/4"'' 
    and inserting ``19.05mm'' in its place in paragraph (b); by removing 
    the words ``1000 pounds'' and inserting the words ``453.5kg'' in their 
    place in the first sentence of paragraph (c); by removing the words 
    ``2 x 6-inch'', ``2 x 4-inch'', and ``10-inch'' and inserting the words 
    ``50.8 x 152.4mm'', ``50.8 x 101.6mm'', and ``254mm'' in their place, 
    respectively, in the second sentence in paragraph (c); by removing the 
    words ``pounds and'' in the third sentence of paragraph (c); by 
    removing the words ``pounds and'' from the second sentence in paragraph 
    (d); and, by removing the parenthetical ``(One kilogram equals 2.2046 
    pounds avoirdupois.)'' from paragraph (d):
    
    
    652.242-72  Shipping Instructions.
    
    * * * * *
    
    Shipping Instructions (Aug 1994)
    
        (a) * * *
    
    ------------------------------------------------------------------------
                                            Minimum diameter of lumber for  
         Weight of box and contents       struts, frame members, and single 
                                                   diagonal braces          
    ------------------------------------------------------------------------
    Up to 45 kg........................  19.05 x 57.15mm.                   
    46 to 113 kg.......................  22.23 x 73.03mm.                   
    114 to 181 kg......................  22.23 x 98.43mm.                   
    182 to 272 kg......................  22.23 x 123.83mm or 25.4 x 98.43mm.
    ------------------------------------------------------------------------
    
    * * * * *
    
    PART 653--FORMS
    
        183. and 184. Section 653.213-70 is revised to read as follows:
    
    
    653.213-70  DOS forms (DST 1918, DST 1919, DST 1920).
    
        As provided in 613.505-70, the following forms are prescribed for 
    use in simplified acquisitions, delivery orders, and blanket purchase 
    agreements:
        (a) DST-1918, Purchase Order File. DST-1918 is prescribed for use 
    in recording and documenting relevant data pertaining to open market 
    simplified acquisitions, as specified in 613.505-70.
        (b) DST-1919, Delivery Order File. DST-1919 is prescribed for use 
    in recording and documenting relevant data pertaining to delivery 
    orders issued against GSA mandatory and nonmandatory schedule 
    contracts, as well as Department of State and other agency contracts, 
    as specified in 613.505-70.
        (c) DST-1920, Blanket Purchase Agreement (BPA) File. DST-1920 is 
    prescribed for use in recording and documenting relevant data 
    pertaining to Blanket Purchase Agreements, as specified in 613.505-70.
        185. Sections 653.217 and 653.217-70 are added to read as follows:
    
    
    653.217  Special contracting methods.
    
    
    653.217-70  DOS form DS-1921, Award/Modification of Interagency 
    Acquisition Agreement.
    
        As prescribed in 617.504-70(b)(5)(i), DS-1921 is prescribed for use 
    when awarding or modifying Economy Act Interagency Acquisition 
    Agreements where the Department is the requesting agency.
        186. Sections 653.219 and 653.219-70 are added to read as follows:
    
    
    653.219  Small business and small disadvantaged business concerns.
    
    
    653.219-70  DOS form DS-1910, Small Business/Labor Surplus Agency 
    Review--Actions Above the Small Purchase Limitation.
    
        As prescribed in 619.501(c), DS-1910 is prescribed for use in 
    documenting set-aside decisions.
    
    
    653.302  [Removed]
    
        187. Section 653.302 is removed.
    
    SUBCHAPTER I--DOS SUPPLEMENTATIONS
    
    PART 670--[REMOVED]
    
        188. Subchapter I, consisting of Part 670, is removed.
    
        Dated: August 2, 1994.
    Lloyd W. Pratsch,
    Procurement Executive.
    [FR Doc. 94-20987 Filed 9-15-94; 8:45 am]
    BILLING CODE 4710-10-M
    
    
    

Document Information

Published:
09/16/1994
Department:
State Department
Entry Type:
Uncategorized Document
Action:
Proposed rule.
Document Number:
94-20987
Dates:
Public comments must be received by November 15, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 16, 1994
RINs:
1400-AA31
CFR: (63)
48 CFR 601.603-70)''
48 CFR 601.603-70)''
48 CFR 601.603-70)''
48 CFR 15.413-2(e)
48 CFR 601.101
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