[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Rules and Regulations]
[Pages 39661-39663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18900]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

Office of the Procurement Executive

48 CFR Parts 601, 602, 605, 606, 609, 610, 613, 616, 619, 625, 636, 
637, and 653

[Public Notice 2231]


Department of State Acquisition Regulation (DOSAR); Simplified 
Acquisition Threshold

AGENCY: Office of the Procurement Executive, Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Department of State Acquisition 
Regulation (DOSAR) to reflect changes with respect to the change in the 
simplified acquisition threshold as outlined in the FAC 90-29. The rule 
also makes changes in Commerce Business Daily synopsis requirements for 
overseas contracting activities. Finally, the rule makes several 
technical corrections.

EFFECTIVE DATE: July 3, 1995.

FOR FURTHER INFORMATION CONTACT:
Gladys Gines, Senior Procurement Analyst, Department of State, Office 
of the Procurement Executive, 2201 C Street NW, Suite 603, State Annex 
Number 6, Washington, DC 20522-0602, telephone (703) 516-1691. This is 
not a toll-free number.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 3, 1995, FAC 90-29 became effective. The changes contained 
therein dealt with implementation of the Federal Acquisition Computer 
Network (FACNET) and simplified acquisition requirements of the Federal 
Acquisition Streamlining Act of 1994, Pub. L. 103-55. The changes 
published today focus only on the simplified acquisition threshold 
revisions of FAC 90-29. They are editorial in nature.
    In addition, DOSAR 605.202-70 is being revised to reflect a 
recently authorized deviation from FAR requirements for certain 
Commerce Business Daily (CBD) synopses for the Department's foreign 
acquisitions awarded by overseas contracting activities, other than 
local guard service contracts.
    The Department has determined that this document need not be 
published as a proposed rule. The rule generally makes only editorial 
and technical revisions to the current DOSAR. The deviation from CBD 
notice requirements for overseas contracting activities was approved by 
the Office of Federal Procurement Policy and the Small Business 
Administration, as required by FAR 5.202(b).

II. Impact

    The Department of State certifies that this regulation will not 
have a significant impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

III. Paperwork Reduction Act

    There are no additional information collection requirements 
associated with this rule. All information collection requirements 
associated with acquisition were approved under the Paperwork Reduction 
Act of 1980 by OMB and were assigned control number 1405-0050.

List of Subjects in 48 CFR Parts 601, 602, 605, 606, 609, 610, 613, 
616, 619, 625, 636, 637, and 653

    Government procurement, Department of State Acquisition Regulation 
(DOSAR).


[[Page 39662]]

    Accordingly, title 48, chapter 6 of the Code of Federal Regulations 
is amended as follows:

    1. The authority citation for 48 CFR Parts 601, 602, 605, 606, 609, 
610, 613, 616, 619, 625, 636, 637, and 653 continues to reads as 
follows:

    Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.

SUBCHAPTER A--GENERAL

PART 601--DEPARTMENT OF STATE ACQUISITION REGULATION

Subpart 601.6--Career Management, Contracting Authority, and 
Responsibilities

    2. The title of Subpart 601.6 is revised to read as set forth 
above.


601.603-70  [Amended]

    3. Section 601.603-70 is amended in paragraph (b)(5) by removing 
the phrase ``Bureau of Refugee Programs'' and inserting ``Bureau of 
Population, Refugees, and Migration'' in its place.

    4. Section 601.603-70 is amended in paragraph (b)(6) by removing 
the phrase ``Bureau of International Narcotics Matters'' and inserting 
``Bureau of International Narcotics and Law Enforcement Affairs'' in 
its place.

PART 602--DEFINITIONS OF WORDS AND TERMS

Subpart 602.1--Definitions


602.101-70  [Amended]

    5. In section 602.101-70, the definition of ``Despatch Agency'' is 
amended in the last sentence by removing the words ``San Francisco, 
California;''.
SUBCHAPTER B--COMPETITION AND ACQUISITION PLANNING

PART 605--PUBLICIZING CONTRACT ACTIONS

Subpart 605.2--Synopsis of Proposed Contract Actions

    6. Section 605.202-70 is revised to read as follows:


605.202  Exceptions.


605.202-70  Foreign acquisitions.

    (a) Policy. In accordance with a Determination and Findings issued 
by the Assistant Secretary of State for Administration, the requirement 
for advance CBD notices for the Department's foreign acquisitions 
awarded by overseas contracting activities is waived. CBD notices may 
be published for any acquisition where the contracting officer decides 
that publication would be in the Department's best interests. This 
waiver shall remain in effect until June 15, 1998.
    (b) Procedures. Contracting officers at overseas contracting 
activities are not required to prepare an individual determination and 
findings to document their decision to waive the CBD notice 
requirements.
    (c) Competition requirements. Nothing in this section waives the 
requirement to obtain competition as required by FAR part 6 and DOSAR 
(48 CFR) part 606. Competition, including the use of written 
solicitation, shall be obtained in all cases to the extent feasible. If 
there are known U.S. firms or firms with U.S. affiliations in local 
residence capable of supplying the required supplies or services, the 
contracting activity shall ensure that those firms are included in the 
source list for the acquisition.
    (d) Policy exclusion. CBD waiver authority does not apply to local 
guard service contracts that exceed $250,000. Local guard service 
contracts that exceed $250,000 shall be synopsized in the CBD. Option 
year prices shall be included when computing the applicability of this 
threshold.

PART 606--COMPETITION REQUIREMENTS

Subpart 606.5--Competition Advocates

    7. Section 606.570 is revised to read as follows:


606.570  Solicitation provisions.

    The contracting officer shall insert the provision at 652.206-70, 
Competition Advocacy/Ombudsman, in all solicitations over the threshold 
for using simplified acquisition procedures.

PART 609--CONTRACTOR QUALIFICATIONS

Subpart 609.4--Debarment, Suspension, and Ineligibility

    8. Section 609.405 is amended in paragraph (d)(4)(i) by revising 
the first sentence to read as follows:


609.405  Effect of listing.

* * * * *
    (d) * * *
    (4)(i) For procurement actions (both domestic and overseas) that do 
not exceed the threshold for using simplified acquisition procedures, 
contracting officers need not consult the ``List of Parties Excluded 
from Procurement Programs'' prior to award. * * *

PART 610--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE 
DESCRIPTIONS
610.002-70   [Amended]

    9. Section 610.002-70 is amended in paragraph (d)(5)(i) by removing 
the amount of ``$25,000'' and inserting ``$50,000'' in its place.

SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES

PART 613--SIMPLIFIED ACQUISITION PROCEDURES


613   Heading [Amended]

    10. The title of Part 613 is revised to read as set forth above.

Subpart 613.1--General


613.103-70   [Amended]

    11. Section 613.103-70 is amended by removing the words ``small 
purchases'' and inserting ``purchase orders'' in their place.

Subpart 613.4--Imprest Fund


613.404   [Amended]

    12. Section 613.404 is redesignated as 613.403. Newly designated 
613.403 is amended by removing ``FAR 13.404(a)'' and inserting ``FAR 
13.403(a)'' in its place.

Subpart 613.5--Purchase Orders

    13. Section 613.505-1 is revised to read as follows:


613.505   Purchase order and related forms.


613.505-1   Optional Form (OF) 347, Order for Supplies or Services, and 
Optional Form 348, Order for Supplies or Services Schedule--
Continuation.

    (a) The OF-347 and OF-348 shall be mandatory for use by domestic 
contracting activities for issuing purchase orders and delivery orders, 
unless ordering against another Federal agency contract which 
stipulates a different form (e.g., DD-1155, Order for Supplies or 
Services); or, unless the Procurement Executive has approved another 
form. The OF-347 may also be used as a voucher.
    (b) In lieu of the OF-347 and OF-348, DOS overseas contracting 
activities may use the Optional Form (OF) 206, Purchase Order, 
Receiving Report and Voucher, and Optional Form 206A, Continuation 
Sheet (illustrated at 653.303-206 and 653.303-206A, respectively). When 
using the OF-206, contracting activities may use Optional Form (OF) 
127, Receiving and Inspection Report (illustrated at 653.303-127), for 
that purpose.

[[Page 39663]]



613.505-2  [Removed]

    14. Section 613.505-2 is removed.
    15. Section 613.507, consisting of section 613.507-70, is revised 
to read as follows:


613.507   Provisions and clauses.


613.507-70   DOSAR clauses.

    In addition to the FAR provisions and clauses required for or 
applicable to the particular acquisition, each DOS purchase order shall 
incorporate all DOSAR clauses required for or applicable to the 
acquisition. All such clauses shall be listed on a separate document 
and attached to each copy of the purchase order. The document shall be 
identified by the purchase order number and the name and address of the 
contracting activity. The DOSAR clauses may be incorporated without 
setting out full text.

Subpart 613.6-70--Governmentwide Commercial Purchase Card Program

    16. Section 613.601-70 is amended by revising paragraph (b) to read 
as follows:


613.601-70   Policy.

    (a) * * *
    (b) Policy. It is the Department's policy that:
    (1) The purchase card shall be used in preference to other methods 
of procurement (particularly BPAs) for individual purchases up to 
$2,500;
    (2) The purchase card shall be issued primarily to personnel 
outside of the procurement office to purchase products and services up 
to $2,500 quickly with a minimum of paperwork and without having to 
send an individual requisition to a procurement office; and,
    (3) The purchase card may be used in procurement offices for 
purchases up to $25,000.
* * * * *

PART 616--TYPES OF CONTRACTS

    17. Section 616.000 is added to read as follows:


616.000   Scope of part.

    The contracting officer may use any of the contract types described 
in FAR part 16 for acquisitions made under simplified acquisition 
procedures. The contracting officer shall document his/her decision to 
use a contract type in accordance with the requirements of FAR part 16.

SUBCHAPTER D--SOCIOECONOMIC PROGRAMS

PART 619--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

Subpart 619.1--General


619.20   [Amended]

    18. Section 619.201 is amended in paragraph (d)(5) by removing the 
word ``limitation'' and inserting the word ``threshold'' in its place 
in the second sentence.

Subpart 619.5--Set Asides for Small Business


619.501   [Amended]

    19. Section 619.501 is amended in paragraph (c) by removing the 
words ``Small Purchase Limitation'' and inserting ``Simplified 
Acquisition Threshold'' in their place.
PART 625--FOREIGN ACQUISITION

Subpart 625.7--Restrictions on Certain Foreign Purchases

    20. and 21. Section 625.703 is revised to read as follows:


625.703  Exceptions.

    The authority to approve exceptions for other contracts in excess 
of the simplified acquisition threshold is delegated, without power of 
redelegation, to the head of the contracting activity.

SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING

PART 636--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

Subpart 636.6--Architect-Engineer Services


636.602-5  [Amended]

    22. Section 636.602-5 is amended by removing the word 
``limitation'' and inserting the word ``threshold'' in its place in the 
heading and the text of the section.

PART 637--SERVICE CONTRACTING

Subpart 637.1--Service Contracts--General


637.104-70  [Amended]

    23. Section 637.104-70 is amended in paragraph (b) by removing the 
words ``Bureau for Refugee Programs'' and inserting ``Bureau of 
Population, Refugees, and Migration'' in their place.
    24. Section 637.104-70 is amended in paragraph (c) by removing the 
words ``Bureau for International Narcotics Matters'' and inserting 
``Bureau for International Narcotics and Law Enforcement Affairs'' in 
their place.

SUBCHAPTER H--CLAUSES AND FORMS

PART 653--FORMS

Subpart 653.2--Prescription of Forms

    25. Section 653.213 is amended by revising the heading to read as 
follows:


653.213  Simplified acquisition procedures (SF's 18, 30, 44, 1165, OF's 
347, 348).

    26. Section 653.213-70 is amended by revising the heading to read 
as follows, and by adding the following sentence to the end of 
paragraph (b):


653.213-70  DOS Forms (OF-206, OF-206A, OF-127, DST-1918, DST-1919, 
DST-1920).

    (a) * * *
    (b) * * * The OF-127 may be used as a receiving report in 
conjunction with other contract forms (e.g., SF-26, SF-33) by both 
domestic and overseas contracting activities.
* * * * *
    27. Section 653.219-70 is amended by revising the heading to read 
as follows:


653.219-70  DOS form DS-1910, Small Business/Labor Surplus Area 
Review--Actions Above the Simplified Acquisition Threshold.

    Dated: July 17, 1995.
Lloyd W. Pratsch,
Procurement Executive.
[FR Doc. 95-18900 Filed 8-2-95; 8:45 am]
BILLING CODE 4710-24-M