48 CFR Part 601 — Department of State Acquisition Regulations System

PART 601—DEPARTMENT OF STATE ACQUISITION REGULATIONS SYSTEM Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1. Source: 53 FR 26159, July 11, 1988, unless otherwise noted. 601.000 Scope of part. This part describes the Department of State Acquisition Regulation (DOSAR) in terms of establishment, relationship to the Federal Acquisition Regulation (FAR), arrangement, applicability, and deviation procedures. [53 FR 26159, July 11, 1988, as amended at 59 FR 66750, Dec. 28, 1994] Subpart 601.1—Purpose, Authority, Issuance 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 affects the relationship between a Department of State organization and a contractor or potential contractor are published in this chapter 6 of title 48 of the Code of Federal Regulations, in accordance with FAR 1.301(b). [59 FR 66750, Dec. 28, 1994] 601.105 Issuance. 601.105-3 Copies. The DOSAR is available through the Department's Intranet system at http://aope.a.state.gov, http://www.statebuy.state.gov/. [69 FR 19329, Apr. 13, 2004] 601.106 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 before collecting information from ten (10) or more members of the public. Individuals are not required to respond to information collection unless the OMB number and burden estimate information is provided. Accordingly, the information and recordkeeping requirements contained in this regulation have been approved by OMB under OMB Control Number 1405-0050. The information and recordkeeping requirements for Form DS-4053, Department of State Mentor-Protégé Program Application, [80 FR 6913, Feb. 9, 2015] Subpart 601.2—Administration 601.201 Maintenance of the FAR. 601.201-1 The two councils. The Office of the Procurement Executive (A/OPE) represents the Department of State (DOS) on the Civilian Agency Acquisition Council. The Procurement Executive shall appoint a representative for this purpose. A/OPE is responsible for coordinating with all interested DOS elements proposed FAR revisions and for advocating FAR revisions sought by the Department. [53 FR 26159, July 11, 1988, as amended at 59 FR 66750, Dec. 28, 1994] Subpart 601.3—Agency Acquisition Regulations 601.301 Policy. (a) The Assistant Secretary of State for Administration is the agency head for the purposes of FAR 1.301. 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. (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. [59 FR 66751, Dec. 28, 1994, as amended at 64 FR 43620, Aug. 11, 1999; 80 FR 6913, Feb. 9, 2015] 601.302 Limitations. (a) The FAR and the DOSAR apply to all DOS acquisitions of personal property and services, including construction, both within and outside the United States, unless expressly excluded by this subpart, or exempt from the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 474(7)), or undertaken pursuant to section 208 of the State Department Basic Authorities Act of 1956, as amended (22 U.S.C. 4308), or the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 292 et seq. (b) At posts where Joint Administrative Offices have been formed and DOS is the procurement agency, the FAR and DOSAR apply to all administrative and technical support acquisitions. [53 FR 26159, July 11, 1988, as amended at 59 FR 66751, Dec. 28, 1994; 64 FR 43620, Aug. 11, 1999; 80 FR 6913, Feb. 9, 2015] 601.303 Publication and codification. (a) The DOSAR is issued as Chapter 6 of Title 48, Code of Federal Regulations. The DOSAR is established as Chapter 6 of the Federal Acquisition Regulations System. The DOSAR is divided into the same parts, subparts, sections, subsections, and paragraphs as is the FAR. However, when the FAR coverage is adequate by itself there will be no corresponding DOSAR coverage. Where the DOSAR implements a specific part, subpart, section, or subsection of the FAR, the DOSAR coverage is numbered and titled to correspond to the appropriate FAR number and title, except that the DOSAR number will include a 6 or 60 such that there will always be three numbers to the left of the decimal. For example, the DOSAR implementation of FAR 14.1 is shown as 614.1 and the DOSAR implementation of FAR 1.301 is shown as 601.301. Materials that supplement the FAR are assigned the numbers 70 and up. For example, DOSAR requires additional definitions than those used in FAR; this supplementary material is provided in 602.101-70. (b) The DOSAR and its revisions are published in the Federal Register (c) The DOSAR shall be referenced in the same manner as described at FAR 1.105-2(c). [53 FR 26159, July 11, 1988, as amended at 59 FR 66751, Dec. 28, 1994; 64 FR 43620, Aug. 11, 1999] Subpart 601.4—Deviations from the FAR 601.403 Individual deviations. The Procurement Executive is the agency head's designee for the purposes of FAR 1.403. [53 FR 26159, July 11, 1988, as amended at 59 FR 66751, Dec. 28, 1994] 601.404 Class deviations. The Procurement Executive is the agency head's designee for the purposes of FAR 1.404(a). [53 FR 26159, July 11, 1988, as amended at 59 FR 66751, Dec. 28, 1994] 601.405 Deviations pertaining to treaties and executive agreements. The Procurement Executive shall determine whether a deviation pertaining to treaties and executive agreements is authorized under FAR 1.405 or that a request for deviation is required under FAR 1.405(e). [53 FR 26159, July 11, 1988, as amended at 59 FR 66751, Dec. 28, 1994] 601.470 Deviations from the DOSAR The authority to approve any deviations from the DOSAR is reserved to the Procurement Executive. [53 FR 26159, July 11, 1988, as amended at 59 FR 66751, Dec. 28, 1994] Subpart 601.5—Agency and Public Participation 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. [59 FR 66751, Dec. 28, 1994] Subpart 601.6—Career Development, Contracting Authority, and Responsibilities 601.601 General. The Procurement Executive is the agency head for the purposes of FAR 1.601. 601.601-70 Delegations of authority. (a) Delegations. see (1) Overseas posts. provided, (i) No authority is delegated to enter into cost-reimbursement, fixed-price incentive, or fixed-price redeterminable contracts. Design/build solicitations and contracts may only be entered into with the written approval of A/OPE and OBO. Proposed construction contracts exceeding $500,000 and any related architect-engineer contracts must have prior A/OPE approval. (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 of this section 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 Logistics Management; Office of Acquisition Management (A/LM/AQM). (3) Foreign Service Institute. et seq. (4) Office of Foreign Missions. et seq. (5) U.S. Mission to the United Nations. (b) Other delegations. (1) Office of Language Services. (2) Office of Overseas Schools. (3) Library. (4) Office of International Conferences. (5) Bureau of International Narcotics and Law Enforcement Affairs. (6) Office of Small and Disadvantaged Business Utilization. (7) Bureau of Administration, Office of Operations. (8) Regional Procurement Support Offices. (i) RPSO Frankfurt in conjunction with Consulate General Frankfurt; and (ii) RPSO Florida in conjunction with the Florida Regional Center. (c) Execution of delegated authority. (2) If the statute or current practice of the requiring office does not specify a particular format, use the following format. DETERMINATION FOR USE OF AUTHORITY TO WAIVE ________[fill in what is being waived] SUBJECT: [State title of program or project] DESCRIPTION OF REQUIREMENT: [Briefly describe what is being acquired] STATUTORY AUTHORITY: [Cite specific statute, such as 22 U.S.C. 2291(a)(4) for INL, and provide quotation from the law that conveys authority for the waiver at issue] SCOPE OF WAIVER: [Describe what is being waived, such as (but not limited to) the Federal Acquisition Regulation (FAR) in its entirety, the Competition in Contracting Act as implemented in FAR Parts 5 and 6, or FAR Part 32 limitation on advance payments, etc.; also identify the individual acquisition or class of acquisitions for which the waiver is being sought.] JUSTIFICATION: [Describe the need to use the authority and the anticipated impact of not doing so; discuss alternatives considered, if any] CONCURRENCE: Contracting Officer Date Legal Advisor Date APPROVAL/SIGNATURE: Approving Official Date (3) The determination may be made for an individual acquisition or on a class basis, as appropriate. The Contracting Officer must ensure that the proper official makes the determination in question. There may already be a Department of State delegation of authority to a specific individual to make the determination. [59 FR 66752, Dec. 28, 1994, as amended at 60 FR 39662, Aug. 3, 1995; 64 FR 43620, Aug. 11, 1999; 69 FR 19330, Apr. 13, 2004; 71 FR 34839, June 16, 2006; 72 FR 45695, Aug. 15, 2007. Redesignated and amended at 80 FR 6913, Feb. 9, 2015] 601.602 Contracting officers. 601.602-1 Authority. (a) DOS contracts are awarded pursuant to the foreign affairs management responsibilities conferred on the Secretary of State (22 U.S.C. 2656), and the various laws, regulations, and Executive Orders relating thereto. (b) Except as otherwise provided by law, DOS regulations, and this DOSAR, the Procurement Executive has the authority to execute, award, and administer contracts, purchase orders, other contractual arrangements, and other agreements, including FAR-covered interagency acquisition agreements, for the expenditure of funds involved in the acquisition of personal property, services, and for the sale of personal property. The Procurement Executive may further delegate this authority to those DOS employees appointed or designated to the contracting activities enumerated in 601.601-70. (c) The contracting officer shall not award, modify, or terminate a contract unless all reviews, clearances, and approvals prescribed in the FAR or the DOSAR have been obtained, and all applicable requirements of law, the FAR, the DOSAR, and other regulations have been met. [53 FR 26159, July 11, 1988, as amended at 55 FR 5774, Feb. 16, 1990; 59 FR 66751, Dec. 28, 1994; 72 FR 45695, Aug. 15, 2007; 81 FR 24707, Apr. 27, 2016] 601.602-3 Ratification of unauthorized commitments. (b) Policy. (2)(i) Unauthorized commitments not exceeding $1,000. The head of the contracting activity is delegated the authority to serve as the ratifying official for unauthorized commitments not exceeding $1,000, including unauthorized commitments from other agencies where a DOS employee serves as the contracting officer for that action. The head of the contracting activity may refer any actions not exceeding $1,000 to the DOS Procurement Executive for ratification if he or she so chooses. (ii) Unauthorized commitments exceeding $1,000. All DOS unauthorized commitments in excess of $1,000 shall be submitted to the DOS Procurement Executive for ratification. Unauthorized commitments in excess of $1,000 from other agencies may be referred to the other agency's representative at post for resolution in accordance with that agency's ratification process. (3) Claims. (4) Disciplinary action. [80 FR 6914, Feb. 9, 2015] 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; a statement justifying a sole source acquisition (Justification for Other Than Full and Open Competition) if the unauthorized commitment exceeds $100,000; 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; 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; a statement as to whether the individual has ever been responsible for any other unauthorized commitments in the Department of State; and, a statement as to the number of unauthorized commitments processed by the responsible office within the last three calendar years and the circumstances surrounding each of these actions. (2) When the person who made the unauthorized contractual 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 that 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. (4) This statement shall be cleared by the Executive Director of the Bureau that employs (or employed) the person who made the unauthorized commitment. (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 (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) or to the contracting officer (if under $1,000) with a written explanation for the decision and a recommendation for disposition of the action. [80 FR 6914, Feb. 9, 2015] 601.603 Selection, appointment, and termination of appointment for contracting officers. 601.603-1 General. Details of the Department's acquisition career management program are described in 14 FAH-3, Acquisition Career Management Program Handbook, which is available on the Internet at http://www.state.gov/m/a/dir/regs/fah/14fah03/index.htm [72 FR 45695, Aug. 15, 2007, as amended at 80 FR 6914, Feb. 9, 2015] 601.603-3 Appointment. (a) General. (b) Temporary warrants. (c) Non-Federal employees. i.e., (d) Personal services agreements. (1) The Human Resources Officer; (2) The Human Resources/Financial Management Officer; or, (3) The Management Officer or an American Foreign Service Officer designated to perform human resource functions. (e) Real property leases. (1) Domestic real property leases. (2) Real property leases abroad. et seq. [59 FR 66752, Dec. 28, 1994, as amended at 64 FR 43620, Aug. 11, 1999; 69 FR 19330, Apr. 13, 2004; 76 FR 30265, May 25, 2011; 80 FR 6914, Feb. 9, 2015]

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