Reclamation Acquisition Regulations (RAR)
PART WBR 1417
SPECIAL CONTRACTING METHODS
SUBPART WBR 1417.2 -- OPTIONS
WBR 1417.280 Options under terminations for default.
SUBPART WBR 1417.5 -- INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT
WBR 1417.501 Definition.
WBR 1417.502 General.
WBR 1417.503 Determination
and findings requirements.
WBR
1417.504 Ordering procedures.
SUBPART WBR 1417.80 -- CONTRACTS FOR GIFTS, ENTERTAINMENT OR AWARDS
WBR 1417.8001 Scope of subpart.
WBR 1417.8002 Definitions.
WBR 1417.8003 Procedures.
WBR 1417.8004 Gifts.
WBR 1417.8005 Entertainment.
WBR 1417.8006 Non-monetary
awards and promotion items.
SUBPART WBR 1417.81 -- LEASE OF REAL PROPERTY
WBR PART 1417
SPECIAL CONTRACTING METHODS
SUBPART WBR 1417.2 -- OPTIONS
WBR 1417.280 Options under terminations for default. Unexercised options remaining under a contract terminated for default shall be considered as undelivered quantities when repurchasing against the contractor's account.
SUBPART WBR 1417.5 -- INTERAGENCY ACQUISITIONS
UNDER
THE ECONOMY ACT
THE ECONOMY ACT
WBR 1417.501 Definition.
"Interagency acquisition," as used in this
subpart, and defined in FAR
17.5 includes supplies or services obtained from
(a)
Other federal agencies; or
(b) Other bureaus
within the Department of the Interior.
It is Reclamation's policy not to place Government agencies in direct competition with commercial contractors for furnishing supplies or services.
WBR 1417.503 Determination and findings requirements.
(a) The requisitioner is responsible for furnishing the information required by FAR 17.503 and this section to the CO for use in preparing the determination.
(b) The Department of the Interior approved a class deviation on February 16, 1996, which permits Reclamation's CCO's to make the Economy Act determinations prescribed in FAR 17.502 and DIAR 1417.502 for actions of $500,000 or less.
(c) A contracting officer must prepare and sign the D&F
as the preparer. (Any warrant level may perform this function.)
He/she shall forward the D&F to the CCO.
(d) If the action is $500,000 or less and meets
the requirements of FAR Subpart 17.5, the CCO shall sign the D&F
as the approving official. If the action is greater than $500,000
the CCO shall sign the D&F and forward it to the BPC.
(e) Determinations above $500,000
made under
FAR 17.503 shall be signed by the BPC as the approving official.
(f) D&F's shall contain
the title, signature, and date of approval of each official involved
in the process.
WBR 1417.504 Ordering procedures.
(a) Interagency acquisitions awarded under this subpart shall be assigned procurement instrument identification numbers pursuant to Subpart WBR 1404.81 .
(b) A register of interagency acquisitions awarded under this subpart shall be maintained pursuant to WBR 1404.8111-4(b ).
SUBPART WBR 1417.80 -- CONTRACTS FOR GIFTS,
ENTERTAINMENT OR AWARDS
ENTERTAINMENT OR AWARDS
WBR 1417.8001 Scope of subpart.
This subpart establishes general guidance on contracting for gifts, entertainment or non-monetary awards. The coverage is based on decisions of the Comptroller General which address limitations on the specific purposes for which appropriated funds may be expended. Due to the changing nature of the subject matter covered in this subpart and the regulations which govern or affect it, advance coordination with certain offices is required as prescribed in WBR 1417.8003 .
"Entertainment," as used in this subpart, means food (including formal meals, drinks, snacks, refreshments), receptions, banquets, live or recorded music, live artistic performances, and recreational facilities.
"Non-monetary award," as used in this subpart, means a medal, certificate, plaque, citation, badge, or other similar item that has an award or honor connotation and can be worn or displayed.
(a) In determining whether appropriated funds may be used to contract for gifts, entertainment, or non-monetary awards, the CO shall determine in writing that the acquisition requirement --
(1) Is specifically set forth in an appropriation act; or
(2) Pursuant to 31 U.S.C. 1301(a) , is reasonably necessary to accomplish an authorized purpose or statutory function by --
(i) Making a direct contribution to carrying out either a specific appropriation or an authorized Reclamation function for which a general appropriation is available;
(ii) Not being prohibited by law; and
(iii) Not being within the scope of another more specific appropriation.
(b) Requisitions for purchase of gifts, enter-tainment, or non-monetary awards shall include written documentation to be maintained in the purchase file verifying that the conditions in subparagraphs (a)(1) or (a)(2) above exist. The documentation shall also contain evidence of review and concurrence of the requirement as follows --
(1) By the servicing personnel office (SPO), or other office as may be directed by the SPO, for all proposed purchases pertaining to entertainment under paragraphs (c) through (f) of WBR 1417.8005 ;
(2) By the SPO, or other offices as may be directed by the SPO, for all proposed purchases of awards greater than $50 under WBR WBR 1417.8006(b ); A signed copy of the DI 451 Award Certification meets this requirement; and
(3) By the regional safety officer for all proposed purchases of safety awards under WBR 1417.8006(c) .
(c) Requisitions which do not contain the documentation required by paragraph (b) above shall not be processed until all documentation has been received by the CO.
(d) (1) Questions regarding purchases made pursuant to this subpart shall be referred to AAMD, D-7800.
(2) Questions regarding entertainment expenses under subparagraph (a)(2) and paragraphs (c) through (f) of WBR 1417.8005, and use of non-monetary awards under the Government Employees Incentive Awards Act (see WBR 1417.8006(b) ) shall be referred to the SPO.
(3) Questions regarding non-monetary safety awards under WBR 1417.8006(c) may be referred to the regional safety office.
(e) If gifts, entertainment, or awards are purchased with an Integrated Charge Card (ICC) by a nonwarranted cardholder, all of the CO responsibilities listed in WBR 1417.8003(a) and (b) shall be assumed by the cardholder. The required determination that appropriated funds may be used and the documentation evidencing review and concurrence by either the SPO or the regional safety officer shall be attached to the purchase card log. SPO cardholders are not required to prepare separate determinations when purchasing awards with their ICCs if they have prepared a DI 451 (purchase over $50) to support the purchase.
WBR 1417.8004 Gifts. Appropriated funds shall not be used to acquire gifts unless expenditure is authorized in accordance with the procedures in WBR 1417.8003 . Items to be distributed to individuals for the purpose of enhancing morale, generating conversation at a conference, increasing support for a program, or motivating seminar or volunteer participants to take future actions, are in the category of personal gifts and are generally not a necessary and proper use of appropriated funds.
(a)
(1) Appropriated funds shall not be used to pay for entertainment unless the expenditure is authorized in accordance with the procedures in WBR 1417.8003 . Entertainment is a personal expense and is not normally necessary to accomplish the purpose(s) of an appropriation.
(2) Procedures for employees to obtain approval for accepting entertainment at widely-attended functions, using form DI-1958, are contained in WBR 1403.101-3(b) .
(b)
(1) Except as authorized in paragraphs (c) through (f) below, appropriated funds shall not be used to pay subsistence or to purchase entertainment for employees at their official duty stations, even when working under unusual circumstances, since these costs are personal expenses and are prohibited under the Federal Property Management Regulations.
(2) Unless specifically authorized, appropriations are not available to purchase coffee-makers and cups (or other food devices), or to serve refreshments (including coffee), to employees or private individuals attending meetings or ceremonies.
(c) Pursuant to 5 U.S.C. 4109 , appropriated funds may be used to purchase employee food if determined necessary to achieve the objectives of an authorized training program under the Government Employees Training Act. Meals may be purchased for non-Government speakers participating in authorized training programs as an expense of conducting the training. Food or beverages provided during a preliminary social gathering of attendees or during coffee breaks to merely facilitate social interaction or to improve the on-time attendance of participants is not a necessary expense of training, unless the training activity is considered to be a conference under 5 CFR 410.404. (See WBR 1417.8005(g).)
(d)(1) Pursuant to 5 U.S.C. 4110 , appropriated funds may be used to purchase food for employees authorized to attend externally organized or sponsored formal meetings or conferences (including those held at official duty stations) which involve topical matters of general interest to governmental and nongovernmental participants, rather than at routine business meetings primarily involving day-to-day agency operations and concerns.
(2) Charges for meals provided at non-Government meetings or conferences are allowable if --
(i) A single fee is charged for the meeting or conference which covers both attendance and meals, or
(ii) A separate fee is charged for meals and all of the following conditions exist:
(A) Meals are incidental to the meeting or conference;
(B) Attendance of the employee at the meals is necessary for his or her full participation in the business of the meeting or conference; and
(C) The employee is not free to partake of meals elsewhere without being absent from essential formal discussions, lectures, or speeches whose subject is the purpose of the meeting or conference.
(e) Pursuant to 5 U.S.C. 5946 , appropriated funds cannot be used to purchase entertainment at a meeting or convention of members of a society or association unless authorized under specific statutory authority or paragraph (c) or (d) above.
(f) Appropriated funds may be used to purchase --
(1) Refreshments at major awards presentations when considered a necessary expense to enhance the ceremony;
(2) A live artistic performance as an authorized part of an equal employment opportunity program if --
(i) It is intended to advance the objectives of the program; and
(ii) It consists of a number of different types of presentations to make the audience aware of the culture or ethnic history being celebrated; or
(3) Small samples of ethnic food are furnished, as a separate event from meals or refreshments, in connection with an equal opportunity program.
(g) Pursuant to Memorandum, Deputy Assistant Secretary - Budget and Finance, July 19, 2001, Subject: Policy on Conferences and Meetings Involving Travel, light refreshments may be served at an approved government-sponsored meeting or conference consistent with the requirements described in the memorandum's Attachment I. The majority of attendees must be on TDY. Light refreshments may not be served at meetings that have been exempted from the Conference Requirements pursuant to FINANCIAL ADMINISTRATION MEMORANDUM NO. 2001-012, September 7, 2001.
WBR 1417.8006 Non-monetary awards and promotion items.
(a) Policy. Appropriated funds shall not be used to purchase non-monetary awards, or items used to promote Government-sanctioned campaigns, unless expenditure is authorized in accordance with the procedures in WBR 1417.8003 .
(b) Incentive awards under the Government Employees Incentive Awards Act (GEIAA).
(1) Policy.
(i) Pursuant to 5 U.S.C. 4503 , non-monetary awards may be given to employees who perform special acts or services in the public interest in connection with, or related to, their official employment.
(ii) Awards to employees for participation in, or contributions made in connection with, Government-sanctioned campaigns, are not authorized by GEIAA.
(2) Honor awards.
(i) Honor awards typically take the form of a medal, plaque, certificate, or bowl and are granted --
(A) For significant one-time achievements of an individual or group or for sustained outstanding career achievements of an individual;
(B) By a competitively-based review of nominations; and
(C) By a senior official at an annual or special awards ceremony.
(ii) Medals, pins, and certificates for Department of the Interior major honor awards shall only be acquired by the Reclamation Program Group, D-4200, or the Commissioner's Office
(3) Other non-monetary awards.
(i) Other non-monetary awards typically take a variety of forms including, but not limited to, a suitably engraved desk pen, clock, tray, jacket, scarf, or shirt with an emblem and/or logo. These awards are granted --
(A) For contributions of minor impact or benefits;
(B) Generally not on the basis of a review of nominations; and
(C) Generally by the first line or the next higher level of supervision.
(ii) Merchandise items of a utilitarian nature, having intrinsic value, such as radios, televisions, or cameras shall not be purchased for awards because they do not engender an award concept.
(4) Promotion items. Appropriated funds may be used to purchase suitable promotional items for employees who submit suggestions in order to fulfill the purposes of GEIAA.
(c) Safety awards.
(1) Policy. Appropriated funds are authorized and directed to support organized safety promotion in order to reduce accidents and injuries. Reclamation's policy is to recognize individual and/or group safety performance achievements through issuance of appropriate awards.
(2) Authority. The Federal Employee's Compensation Act of 1949 (5 U.S.C. 8101 et seq.) authorizes Federal agencies to develop, support, and foster organized safety promotion to reduce the number of accidents and injuries, encourage safe practices, and eliminate work hazards and health risks.
(3) Procedures. Procedures for the establishment of a safety awards system for safety performance achievement awards are contained in Reclamation Instructions, Series 350, General Instructions, Part 365, Occupational Safety and Health.
(d) Government-sanctioned campaigns. Appropriated funds may be used to the extent necessary to reasonably demonstrate support for Government-sanctioned campaigns (e.g., Combined Federal Campaign; United States savings bond campaign) through activities such as --
(1) Preparing and distributing campaign materials, publicizing, or promoting the campaign;
(2) Issuing awards to employees or offices carrying out activities in support of the campaign; or
(3) Issuing plaques or certificates to offices which meet or exceed their campaign goals (which do not identify particular employees based on their individual contributions and, therefore, do not present the potential for coercion of individuals who do not contribute).
SUBPART WBR 1417.81 -- LEASE OF REAL PROPERTY
WBR 1417.8100 Authority. Reclamation is authorized to acquire space by lease in buildings and land incidental thereto only under the circumstances listed in 48 CFR 101-18.104 and subject to the limitations in 48 CFR 101-18.105. The regulations contained at 48 CFR Part 570 may be utilized to acquire space by lease.