48 C.F.R. PART 601—DEPARTMENT OF STATE ACQUISITION REGULATIONS SYSTEM
Title 48 - Federal Acquisition Regulations System
Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
Source: 53 FR 26159, July 11, 1988, unless otherwise noted.
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] 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] The DOSAR is available through the Department's Intranet system at http://aope.a.state.gov, or through the Internet from A/OPE's Acquisition Web site. The Internet address is: http://www.statebuy.state.gov/. [69 FR 19329, Apr. 13, 2004] 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 burden estimate is 225,503 hours. The information and recordkeeping requirements for Form DS–4053, Department of State Mentor-Protégé Program Application, have been approved by OMB under OMB Control Number 1405–0161; the burden estimate is 294 hours. [64 FR 43620, Aug. 11, 1999, as amended at 69 FR 19329, Apr. 13, 2004; 71 FR 34839, June 16, 2006] 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] (a) 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, 1994)). Under Delegation of Authority No. 120–5 (59 FR 62771, December 6, 1994), 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] (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, the FAR and the DOSAR apply to all Agency for International Development (AID) administrative and technical support acquisitions, except in those areas which have been exempted by the cognizant administrative office. [53 FR 26159, July 11, 1988, as amended at 59 FR 66751, Dec. 28, 1994; 64 FR 43620, Aug. 11, 1999] (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 (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] 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] 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] 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] 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] (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] The Procurement Executive is the agency head for the purposes of FAR 1.601. (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 real and 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 601.603–70. (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] Details of the Department's acquisition career management program are described in 6 FAH–6, the Acquisition Career Management Program Handbook, which is available on the Intranet from the A/OPE Web site (see 601.105–3 for address). [69 FR 19329, Apr. 13, 2004] (a) General. 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, with the one exception as noted in paragraph (b) of this section. 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) Temporary warrants. The Chief of Mission is delegated the authority by the Procurement Executive to issue temporary contracting officer warrants for periods up to 90 calendar days in order to cover emergency, post-specific operational requirements (e.g., staffing gaps, medical evacuations, extended leave, etc.). These temporary appointments shall be executed on the Standard Form 1402, and a copy shall be furnished to A/OPE. The warrant shall contain both a dollar limitation of no more than $100,000 and a specific time period (not to exceed 90 days) during which the warrant is effective. (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. (d) Personal services agreements. Individuals who may sign personal services agreements (PSAs) are limited to the following: (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. [59 FR 66752, Dec. 28, 1994, as amended at 64 FR 43620, Aug. 11, 1999; 69 FR 19330, Apr. 13, 2004] (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. The Principal Officer, the Management 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. The Procurement Executive (or authorized A/OPE staff) may delegate to a contracting officer, on a case-by-case basis, the authority to award a contract or modification which exceeds the contracting officer's warrant level. (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). The authority to enter into and administer contracts for the expenditure of funds involved in the acquisition of supplies and services, including construction, is delegated to the Director or designee as the HCA. (3) 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. (4) 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. (5) 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. (6) Regional Procurement Support Offices. The authority to enter into and administer contracts for the expenditure of funds involved in the acquisition of supplies, equipment, publications, and services on behalf of overseas posts is delegated to each Director, Regional Procurement Support Office (RPSO) as the HCA at the following locations: (i) RPSO Frankfurt in conjunction with Consulate General Frankfurt; and (ii) RPSO Florida in conjunction with the Florida Regional Center. (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 A/LM/AQM. 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 existing contracts up to the maximum ordering threshold or limitation 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 existing contracts up to the maximum ordering threshold or limitation 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 existing contracts up to the maximum ordering threshold or limitation 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 existing contracts up to the maximum ordering threshold or limitation pursuant to section 5, Title I, of the Department of State Basic Authorities Act of 1956, as amended. (5) Bureau of Population, Refugees, and Migration. The authority to enter into and administer simplified acquisition transactions under FAR Part 13 and orders against existing contracts up to the maximum ordering threshold or limitation pursuant to the Migration and Refugee Assistance Act of 1962, as amended, and Executive Order 11077, dated January 22, 1963. (6) Bureau of International Narcotics and Law Enforcement Affairs. The authority to enter into and administer simplified acquisition transactions under FAR Part 13, orders against existing contracts up to the maximum ordering threshold or limitation 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. These authorities extend to any acquisition performed by any Department of State contracting activity on behalf of INL. (7) Office of Small and Disadvantaged Business Utilization. The authority to enter into and administer 8(a) purchase orders and contracts as a third party pursuant to the Memorandum of Understanding signed with the Small Business Administration. (8) Bureau of Administration, Office of Operations. The authority to enter into and administer simplified acquisition transactions for emergency or contingency operations necessary to protect life or federal property. This authority is limited to cases when a contracting officer in the Office of Acquisitions Management is unavailable. [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]
Title 48: Federal Acquisition Regulations System
PART 601—DEPARTMENT OF STATE ACQUISITION REGULATIONS SYSTEM
Section Contents
601.000 Scope of part.
601.101 Purpose.
601.105 Issuance.
601.105-3 Copies.
601.106 OMB approval under the Paperwork Reduction Act.
601.201 Maintenance of the FAR.
601.201-1 The two councils.
601.301 Policy.
601.302 Limitations.
601.303 Publication and codification.
601.403 Individual deviations.
601.404 Class deviations.
601.405 Deviations pertaining to treaties and executive agreements.
601.470 Deviations from the DOSAR
601.570 Rulemaking.
601.601 General.
601.602 Contracting officers.
601.602-1 Authority.
601.603 Selection, appointment, and termination of appointment.
601.603-1 General.
601.603-3 Appointment.
601.603-70 Delegations of authority.
601.000 Scope of part.
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Subpart 601.1—Purpose, Authority, Issuance
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601.101 Purpose.
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601.105 Issuance.
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601.105-3 Copies.
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601.106 OMB approval under the Paperwork Reduction Act.
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Subpart 601.2—Administration
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601.201 Maintenance of the FAR.
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601.201-1 The two councils.
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Subpart 601.3—Agency Acquisition Regulations
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601.301 Policy.
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601.302 Limitations.
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601.303 Publication and codification.
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Subpart 601.4—Deviations from the FAR
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601.403 Individual deviations.
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601.404 Class deviations.
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601.405 Deviations pertaining to treaties and executive agreements.
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601.470 Deviations from the DOSAR
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Subpart 601.5—Agency and Public Participation
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601.570 Rulemaking.
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Subpart 601.6—Career Development, Contracting Authority, and Responsibilities
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601.601 General.
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601.602 Contracting officers.
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601.602-1 Authority.
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601.603 Selection, appointment, and termination of appointment.
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601.603-1 General.
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601.603-3 Appointment.
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601.603-70 Delegations of authority.
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